Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, FIRST SESSION

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, MARCH 13, 2003 No. 41 Senate The Senate met at 9:30 a.m. and was IN GRATITUDE TO CHAPLAIN us cope with the stress of our jobs. To called to order by the President pro LLOYD OGILVIE help us overcome struggles in our per- tempore (Mr. STEVENS). Mr. FRIST. Mr. President, while re- sonal lives. And, most of all, to help us The PRESIDENT pro tempore. On flecting on Dr. Ogilvie’s tenure as Sen- keep things in perspective by remind- this day in 1995, Dr. Ogilvie delivered ate Chaplain, I came across a letter of ing us we serve the United States in his first prayer as Senate chaplain; his dated March 31, 1995. He was just 3 our offices, but we serve God in our today he will lead us in prayer for the weeks on the job. You could already lives. So I simply want to say thank you to last time. see his devotion not only to his official Dr. Ogilvie, for his many prayers on duties as Senate Chaplain, but his un- our behalf, for the many hours he dedi- PRAYER official duties as the spiritual leader of cated to his position, and for being The Chaplain, Dr. Lloyd John the entire Senate family. there—as the spiritual leader of the Ogilvie, offered the following prayer: In that letter, he writes about the Senate family—every day in the Cham- O God, our refuge and our strength, a importance of interceding ‘‘personally’’ ber and every day in our lives. very present help in trouble, we will for Senators—for praying for Members, And, lastly, I want to thank him for not fear! In the midst of these perilous for our families, and for our staff. He being such a wonderful and supportive times, we hear Your voice saying, ‘‘Be says that he is just as close as a phone friend. I wish him the best in California still and know that I am God; I will be call and provides not only his work with Mary Jane. And though Karyn exalted among the Nations, I will be phone number, but his home phone and I will miss them both dearly, we exalted in the earth.’’ In response we number, as well. He asks that we keep are certain we will hear from them be- affirm, ‘‘The Lord of hosts is with us; him up-to-date about the needs of oth- cause they will always be family. And You are our help and hope.’’ ers in the Senate family. And he talks there is nothing more precious to the From the Continental Congress about building a ‘‘caring network of Ogilvies—as they have demonstrated through the formation of our Constitu- people who support each other.’’ time and again—than family. tion to the establishment of the first Yes, this is a man who knew early on The PRESIDING OFFICER (Mr. Senate, our leaders have acknowledged the Senate needs more than one prayer SUNUNU). The minority leader. You as Sovereign of this land and the at the start of each day. We needed a Mr. DASCHLE. Mr. President, in a source of all our blessings. lot of support from him, from God, and few moments the Senate will offer a Lord I thank You for the privilege of from each other. And that is exactly resolution which honors a member of serving as Chaplain of the men and the kind of spiritual climate Lloyd our Senate family who, as the majority women of this Senate. As You have Ogilvie fostered for 8 years as Senate leader noted, will be leaving us soon. called them to lead our Nation and the Chaplain. Lloyd Ogilvie has the appreciation of world, You have opened their minds He conducted Bible studies—which every one of the Members of this body. and hearts to receive Your guidance Karyn and I and many in this Chamber I join in expressing my heartfelt appre- and care. It is with profound gratitude regularly attended. He hosted weekly ciation to him and his family as they that I reflect on these years with them. prayer breakfasts and small faith begin the next chapter in their lives. You are our Lord and Saviour. Amen. groups. He researched theological ques- A Senate chaplain was once asked: tions and advised us on the great moral You pray for the Senate? He replied, f issues of our times. And when he took no, I look at those Senators as I stand PLEDGE OF ALLEGIANCE time to offer his own private thoughts on the dais and I pray for the country. to God, he always forwarded our peti- For the last 8 years, Lloyd Ogilvie The Honorable TED STEVENS led the tions with his. has done a lot of praying—for our Na- Pledge of Allegiance, as follows: He even filled in at the last minute tion, for the Members of this Senate, I pledge allegiance to the Flag of the when my office needed a third baseman and for our families, for our staffs, and United States of America, and to the Repub- on our Senate softball team. Now that all the people who work in this build- lic for which it stands, one nation under God, is going above and beyond the call of ing, and for those who come to visit indivisible, with liberty and justice for all. duty. the Senate from all over the world. He f Dr. Ogilvie consoled us during our has prayed for us and with us. For darkest hours—September 11th, the Oc- many of us, he has been a source of RECOGNITION OF THE MAJORITY tober anthrax attacks, the loss of two guidance and support. We are grateful LEADER Capitol Police officers and three Sen- to him for his wisdom, for his friend- The PRESIDENT pro tempore. The ate colleagues come to mind. But he ship, and for his service to this Senate majority leader is recognized. was also there for us every day. To help and our Nation.

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

S3649

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3650 CONGRESSIONAL RECORD — SENATE March 13, 2003 The Senate has been through many voice must sound like. What a magnifi- have reached an age where if we took a challenges these last 8 years, as the cent voice he has. What a magnificent few moments and tried to list the peo- majority leader has noted. During prayer he always prayed. But as Ben- ple outside of our immediate families those challenges, many of us have jamin Franklin said: who really had an impact on us, it found hope and direction in Dr. Well done is better than well said. would probably be a pretty short list, if Ogilvie’s words. He comforted us and In spite of the magnificent messages we were candid with ourselves. led us through the deaths of three of he has delivered on this floor, his pray- I have been doing a bit of that the our colleagues, our friends John ers, and our private counsel sessions last couple of days, thinking about Chafee, Paul Coverdell, and Paul with him, what he has done has been Lloyd, his contribution here, and the Wellstone. He consoled us when two even more valuable; the way he has fact he is now going home to take up fine, brave members of the Capitol Po- come to us all in times of great cele- the challenge of providing care for his lice, officers J.J. Chestnut and Detec- bration and times of stress and times wonderful wife Mary Jane. tive John Gibson, were murdered of despair. In the good times and the I have decided my list would be very guarding this building. He helped us bad times he has been there for me and short, indeed, outside of my immediate find courage and faith after our Nation for many of us—all of us, at one time family. On that list would, indeed, be was attacked on September 11, and or another. In spite of all the good Lloyd Ogilvie, who has had a powerful again after the anthrax attack that things he said, what he has done will be impact on my life. I will never, ever closed the Hart Building. He has helped what will stay with us the longest. forget him. many of us grapple with the profound Each morning I get up, the first We all love him and we care for him. moral and spiritual questions that un- thing I read is ‘‘One Quiet Moment,’’ a Even though we will not see him as derscore all questions of public policy. passage from the Bible and a brief much in the coming years, I hope each One lesson Dr. Ogilvie has always prayer that Lloyd Ogilvie prepared for of us for whom he has made such a dif- stressed is the importance of keeping all of us. It begins my days in the right ference will make an extra effort to our priorities straight. In his words: way. Many nights, just before I go to stay in touch with our dear friend in Put God first, then family, then Na- sleep, I pray for Lloyd and Mary Jane, the coming years. So, Lloyd Ogilvie, thanks for all you tion, then career, and things will turn I pray for their safety, and for their fu- did for all of us. Good luck in the fu- out as they are meant to. ture. ture. Thanks for making a difference. Now Dr. Ogilvie is living that lesson. He has been a magnificent influence I yield the floor. He is putting his family ahead of his on this body and on me personally. The PRESIDING OFFICER. The Sen- career and returning to California to be This morning I looked up the defini- ator from Tennessee. with and care for another treasured tion of ‘‘chaplain,’’ and it is not enough member of our Senate family, his wife Mr. ALEXANDER. Mr. President, I to describe what he did. He wasn’t just join the distinguished Senator from Mary Jane. As much as we will miss a person who was a counselor to this him, we respect his decision greatly. Kentucky in saying a word about the institution and our whole family. I Chaplain, Lloyd Ogilvie. Everyone who knows Lloyd Ogilvie looked up ‘‘pastor’’—maybe that was knows he has a special place in his I am a new Senator, as is the Pre- the right word. That wasn’t sufficient siding Officer, and there have been a heart for St. Andrew. That seems fit- either because he was more than just a ting for two reasons. The first and great many wonderful things about pastor to a flock in a narrow area. coming to the Senate. But nothing has most obvious reason is that St. Andrew No, he has been a spiritual counselor is the patron saint of Scotland, and we surpassed the privilege of getting to in the broadest sense. The Bible says, know Lloyd Ogilvie in these first cou- all know how proud Dr. Ogilvie is of his in Proverbs: family’s roots in that beautiful coun- ple of months. I have watched him and Where there is no vision the people perish. try. The other reason is St. Andrew listened, and I have learned from him. never got the attention he deserved. In That, of course, refers to the way we I have been comforted by him. I am the Bible, it was Andrew’s brother, really should think about the vision. I deeply grateful for that. Peter, who got the headlines, even think it is true for a country, a coun- This month in Billy Graham’s publi- though it was Andrew who first recog- try that seeks democracy and freedom cation, ‘‘Decision,’’ Lloyd Ogilvie’s pic- nized that Jesus was an extraordinary and liberty. But it also is true in the ture is on the front, and there is an teacher. It was Andrew who told Peter broader sense. Lloyd has given us a vi- interview with him about his 8 years in to pay attention to Jesus’ words. sion of what life is really about. Thank the Senate. It is a clue about why he Here in the Senate, it is Senators you, Lloyd John Ogilvie. Well done— has been such an inspiration to so who get most of the headlines. But for ay. many Senators. The questioner notes: many of us for the last 8 years it is f A current Senator remarked that your Lloyd Ogilvie who has been there to re- prayers often ‘‘make reference to specific COMMENDING THE SERVICE OF turmoil’’ in the Senate. mind us of the important lessons. DR. LLOYD J. OGILVIE, THE The questioner goes on: Our thanks and our prayers will go to CHAPLAIN OF THE UNITED Lloyd Ogilvie as he returns to Cali- STATES SENATE I understand that sometimes following fornia. We wish him and Mary Jane, your opening prayer you sit through the Sen- their children, Andrew, Scott and The PRESIDING OFFICER. The ma- ate sessions. Heather, and their grandchildren, jority leader. And Lloyd’s answer was: much happiness in the days, months, Mr. FRIST. I send a resolution to the The task of any spiritual leader is to lis- and years ahead. desk and I ask for its immediate con- ten. You can’t minister to individuals or to I yield the floor. sideration. a group unless you know what is going on. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The That is the reason that I have to be there. ator from Mississippi. clerk will report the resolution by Lloyd Ogilvie has been a counselor. Mr. LOTT. Mr. President, I know a title. He is a minister. He is a listener— vote was scheduled and many wish to The legislative clerk read as follows: maybe a listener above all. I have speak, but I ask unanimous consent A resolution (Res. 83) commending the found in my conversations with him the vote may be delayed so I may service of Dr. Lloyd J. Ogilvie, the Chaplain that I suspect he knows more about the speak at this time. I feel compelled to of the United States Senate. Senate than any other individual be- ask for that time so I may speak about There being no objection, the Senate cause he knows the hearts of the Sen- our friend, Lloyd Ogilvie. proceeded to consider the resolution. ators. The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, we So I rise to thank him, to wish him objection, it is so ordered. had the opportunity this morning to the very best with his wife Mary Jane, Mr. LOTT. The first time I heard hear the last prayer of our Senate and to let him know that one more Lloyd Ogilvie speak, it was in a prayer, Chaplain, Lloyd Ogilvie, a man who has Senator has been touched by his pres- and I remember looking up because I touched each of our lives in a different ence here in a very short period of thought I had just heard what God’s and very special way. All of us in here time.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3651 I ask unanimous consent to have pray,’’ and they went down and got the pas- other. I see that in our Bible studies on printed in the RECORD the interview tor of Christ Church Philadelphia to come to Thursdays, when members of both parties with Dr. Ogilvie that appears in the Carpenters’ Hall to pray. Then, when there study the Scriptures together and try to March 2003 edition of ‘‘Decision,’’ the were deadlocks in the Constitutional Con- come to grips with what God might be say- vention, crucial people stood up and said, ing. Billy Graham publication. ‘‘We cannot make it without God’s power.’’ Q: Our culture is heavily saturated with There being no objection, the mate- Q: You have led the Senate spiritually dur- the message of separation of church and rial was ordered to be printed in the ing some extremely trying times, including state, but you have often said that there is RECORD, as follows: the impeachment hearings and the Sept. 11 no separation of God and state. What do you After serving eight years as U.S. Senate tragedy. What were those times like? mean? A: There is no statement in the literature Chaplain, Lloyd John Ogilvie is retiring this A: I can’t imagine that in eight years of U.S. history that is more misunderstood month. He has provided spiritual guidance to we’ve been through all of this. I think of the than this phrase, ‘‘separation of Church and senators, to Senate staff and to families dur- impeachment, for example, when it was so State.’’ It was included in a letter by Thom- ing some of the most tumultuous events in important to reaffirm God’s sovereignty and as Jefferson to the Danbury Baptists in Dan- the history of the United States. Decision re- His grace. As I was standing outside the bury, Conn. He was trying to protect the cently spoke with Ogilvie about his Senate Chamber, the senators and leaders would go church from government and was estab- experiences and about where God is leading by and say, ‘‘What are you going to pray lishing the fact that he was a different kind him now. today?’’ Then Chief Justice William of leader than the sovereigns of Europe. The Q: Describe a typical day in the life of Rehnquist would say, ‘‘What have you got to phrase, however, stuck and has been used to Lloyd John Ogilvie. say to God today?’’ Then at the end of the diminish the role of God in American life and A: I usually get up around 6 a.m. and walk prayer, he would give an ‘‘Amen’’ with gusto. in politics. for my exercise. As I walk around the Cap- But it was a painful time. I’m so thankful I believe that there is no separation be- itol, I pray for 20 senators each day. I cover that when the Senate leaders got together tween God and State. We need God in the af- all 100 senators in a week. Often God puts on prior to the impeachment, they opened their fairs of government, and those who are in- my mind and heart people who have needs or meeting with prayer. Trent Lott was major- volved in leadership desperately need Him concerns. Then, during the day, I often have ity leader at that time, and he constantly and His guidance and direction. If we take an opportunity to talk with those people. called them back to trust God. Then, of course, the aftermath of Sept. 11 God out of the affairs of government, we are After walking, I have my own personal was a time of helping people to realize that left to our human devices without the em- Bible study, and then I walk to work. I live God has not caused that tragedy. He did not powerment that comes through a relation- on the Hill—it’s 10 minutes from my break- send that on America in judgment. But it did ship with God. fast table to the floor of the Senate. I give bring us to a place of asking what He had to I was very gratified when the Senate dealt the opening prayer for the Senate. I write say through all of this. with the recent question raised about the the prayers in segments, perhaps a month We had the long process of healing and phrase ‘‘one nation under God.’’ All of the ahead of time, and as crises change in the taking care of people who were traumatized Senators were in their seats, and we gave the nation or in the world or in the life of the by that event. We had many different serv- Pledge of Allegiance together. No one was Senate, I can change the prayers to that ices during that period. I remember one in missing in affirmation of the fact that they they are current and relevant. particular, when the senators went over to all really believe in this historic declaration The opening prayer is an extremely impor- the National Cathedral to take part in a that we are a ‘‘nation under God.’’ tant part of my day, because it is on the Sen- time of prayer following 9/11. I had the feel- Q: How can we pray for the Senators and ate floor that I speak a work about God that ing that I should stay here at the Capitol; their families? is crucial to American history and to our fu- the staff needed someone to take care of A: Pray that they will know God, that they ture. That word is sovereign. As I studied the them. So I asked for a large room that seat- will trust God, that they will depend on su- prayers of those who founded this nation, a ed 300 people, and I made a simple announce- pernatural power rather than on human tal- word they frequently used for God is Sov- ment that we would have a prayer time. ents, that they will pray for and receive the ereign, because they came to this country When I arrived, people were standing in the gift of courage, and that they will speak seeking a land where God could be the Sov- room, squeezed in shoulder to shoulder. In- with boldness and dare to give the leadership ereign of the land. stead of 300 people, there were 600 in the that’s necessary. So very often in my prayers, I use the room and out in the hall. By the end, 1,000 Q: What has led you to retire as Senate world sovereign in describing God’s nature people had come. Chaplin on March 15? and His lordship over this nation. Then I Q: A current senator remarked that your A: My wife, Mary Jane, contracted a bad pray for God’s power and direction and spe- prayers often ‘‘Make reference to specific case of bacterial pneumonia last April, and it cifically for the needs that I know might be turmoil’’ in the Senate. lodged in some scar tissue in her lungs from coming up that day. A: I feel that this is part of my responsi- a previous cancer operation. They had such a I usually spend the rest of the morning in bility as chaplain. Answers to unasked ques- hard time getting that dislodged that in the preparation for my Bible studies. I have five tions are foolish, but Biblical answers to the process they had to put her on a respirator. Bible studies during the week: for the sen- real questions people are asking are power- That was eight months ago, and she has been ators, for senators’ spouses, for the chiefs of ful. It is our task to listen, to be sensitive to in three different hospitals since then strug- staff of the senators’ offices, and two studies where people are and then to respond to gling to get off the respirator, to get back to for the Senate staff. It makes for a busy what’s going on inside of them and around breathing on her own and to get back to schedule, but I feel that my task is to lower them. health. the plumb line of God’s justice and right- When the senators are under a great deal I’m so thankful for the way she has trusted eousness and mercy on the issues that we are of pressure and stress, I’ll pray about that God in this dark, dark valley of suffering. I facing in the nation. And I can do that by and talk about the pressure cooker of poli- realized that it would be much better for her teaching the Bible. tics. When they are at odds with each other, to be near our family in California. She is in Q: How do you make the Gospel relevant to I can ask God to bring understanding and a respiratory hospital there that specializes the issues that our nation and world face? peace for the good of the American people in just the kind of illness she has. I thought A: I believe that the Holy Spirit, who in- and for His glory, and to help us depend on I would go back and forth as frequently as I spired the writing of the Scripture, is Him to bring understanding, to break dead- could and stay as long as I could, but I real- present in the room as I teach the Scripture. locks. ized this was not adequate. For eight years, That’s awesome, when you stop and think of Q: I understand that sometimes following I have asked the senators to put God first, it. It forces you to study and pray and get your opening prayer you sit through the Sen- family second, the Senate third and ambi- ready, because there is a Word from the ate sessions. tion fourth. Lord, and He will speak through the Scrip- A: The task of any spiritual leader is to lis- It was time for me to live any message. So tures if we are faithful to communicate ten. You can’t minister to individuals or to I told the officers of the Senate that I needed them. a group unless you know what is going on. to be with my wife. Just as soon as she’s Q: What is one message that we need to That is the reason that I have to be there. strong enough, I’ll be available to preach and hear today? When I sense there is great tension or frus- to teach and to speak, here and around the A: We need to know that God is the Sov- tration, I go down on the floor, slip into the world. ereign of this nation. We have a responsi- chair where I sit, and pray for those who are Mr. MCCONNELL. Mr. President, if I bility to trust Him, to seek His will and to in conflict. Afterwards, I often go to them may before the Senator from Tennessee live in accordance with His righteousness individually, talk with them about what’s leaves, he may not have been in the and justice. happened and see if I can bring them to- Senate very long—a couple of months— As you trace U.S. history, it is fascinating gether. to see how our founders were very clear I am pleased when I see greatness emerge but the Senator from Tennessee has about wanting God to guide them. In the in the senators and they reach beyond their picked up the essence of Lloyd Ogilvie First Continental Congress, Samuel Adams parties and their own particular persuasions and why he is so widely admired, re- stood up and said, ‘‘I believe we need to to have deep communication with each spected, and loved around here.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3652 CONGRESSIONAL RECORD — SENATE March 13, 2003 I thank the Senator from Tennessee serves all of the wonderful things ev- Ms. MIKULSKI. Mr. President. Eight for his contribution. eryone has said about him. I simply years ago today, Dr. Lloyd Ogilvie be- Mr. ALEXANDER. I thank the Sen- quote a hymn that we sing often in our came our Senate Chaplain. Today, as ator. church. I don’t think it is unique to our he leaves the Senate, I wish to thank Mr. COCHRAN. Mr. President, the re- church, but we sing at this time when Dr. Ogilvie for his spiritual guidance tirement of our Senate Chaplain, Lloyd young men go out in the circumstance and friendship. Ogilvie, leaves me with a profound I have just described—go off to a for- Dr. Ogilvie is a greet scholar and sense of loss. He has been a personal eign land or to a foreign part of the preacher. Yet he has been so much friend to me, as well as a wise coun- world to preach the gospel. We sing to more to our Senate family. I am par- selor and adviser. I know I will miss them: ticularly grateful for the hospitality him greatly. He has served the Senate God be with you till we meet again; Dr. Ogilvie has shown to all religions. with great distinction. His daily pray- When life’s perils thick confound you; He hosted Jewish seders. He invited ers were works of art and poetry, deliv- Put His arms unfailing round you; Cardinals to the Senate. He made sure God be with you till we meet again. ered in his deep rich voice, with convic- that religious leaders of all faiths have tion and a seriousness of purpose. This is what I say to Mary Jane and led the Senate in prayer. He has warmed our hearts with his Lloyd Ogilvie, from all of us. God be I also appreciate the creative and en- genuine concern for our spiritual well- with you till we meet again. ergetic way he reached out to the en- Ms. MURKOWSKI. Mr. President, I being and reached out to touch the tire Senate family. He has led Bible rise today to speak of the contribu- souls of staff members and Senate em- study groups and prayer meetings for tions and service to the Nation, the ployees, as well, who sought his advice Senators and staff. He has provided in- U.S. Senate, to my family and myself and his message of hope and reassur- dividual counseling for anyone who has made by Dr. Lloyd J. Ogilvie as Chap- ance. We have all been richly blessed asked for it. lain of the U.S. Senate, I joined the Since September 11, our Nation and by the presence and the ministry of U.S. Senate just over three months ago our Senate have faced great stress and Lloyd Ogilvie. Our thoughts and sin- and I am repeatedly impressed and re- uncertainty. On September 11, during cerest best wishes and our love go with minded about the history and tradition the anthrax attacks, and now as our him. of this body. The Office of the Chaplain Nation prepares for a possible war, Dr. Mr. HOLLINGS. Mr. President, I has served the Senate each day with Ogilvie has helped the Senate family to have been in the Senate more than 36 prayer strongly reaffirming this insti- become stronger through faith and years and there is no question that Dr. tution’s commitment to faith in God prayer. Lloyd John Ogilvie has been the best and our recognition of God being the I also wish to thank Reverend Senate Chaplain I’ve ever seen, by far. ultimate sovereign over this Nation. Ogilvie’s wife, Mary Jane, who has On this his last day, I join my col- The daily guidance and reminder of our been such an important partner to him leagues in thanking him for the spir- Maker helps us all keep perspective on and such a dear friend to all of us in itual care he has provided to all of us our duties and activities as we debate the Senate. I wish the Ogilvies well as and our families, and especially for his and make decisions of weighty issues they move to California to begin a new daily prayers as we tackle the monu- confronting our country. chapter in their lives. They will always mental responsibilities before us. The Chaplain of the Senate has been be in my thoughts and prayers. My wife, Peatsy, and I pray for the an integral part of the U.S. Senate Mr. FRIST. I ask unanimous consent health of his loving wife Mary Jane. since 1789 when the first Senate elected the resolution be agreed to, the pre- And we are confident that as the Chap- the first Chaplain. The daily prayers of amble be agreed to, and the motion to lain leaves Washington and returns to the Chaplains have been published over reconsider be laid upon the table. California good things await him. For the years. In times of great turmoil The PRESIDING OFFICER. Without in Psalm 92 it is written that the right- and in times of the mundane the Chap- objection, it is so ordered. eous shall flourish like the palm-tree lain reminds us of our obligation to The resolution (S. Res. 83) was agreed and that in maturity they shall bring keep the moral compass pointed in the to. The preamble was agreed to. forth fruit and be full of vitality and right direction. This body has been richness. There is no more worthy son The resolution, with its preamble, brought together in times of conflict reads as follows: of the Creator to flourish in retirement with the help of the Chaplain. Dr. S. RES. 83 than Dr. Ogilvie. Ogilvie has served us well as the sixty- Mr. BENNETT. Mr. President, I take first Chaplain since 1995. Whereas Dr. Lloyd J. Ogilvie became the this opportunity to pay tribute to 61st Senate Chaplain on March 13, 1995, and Just last week the U.S. Senate has faithfully served the Senate for 8 years Lloyd Ogilvie, our Chaplain. I have told passed a resolution reaffirming that as Senate Chaplain; him of the deep affection that I and my the term ‘‘under God’’ was an essential Whereas Dr. Ogilvie is the author of 49 wife Joyce have for him and Mary part of the pledge of allegiance. I am books, including ‘‘Facing the Future without Jane. I wish I could reach as deeply confident that Dr. Ogilvie could have Fear’’; and into the writings of Robert Burns as he contributed to our insight and debate. Whereas Dr. Ogilvie graduated from Lake is able to and come up with exactly the but there is no dispute that this body Forest College, Garrett Theological Semi- right epigram. and this Nation remain under the nary of Northwestern University and New I will point out that he and I share College, University of Edinburgh, Scotland, graceful guidance of God. We have been and has served as a Presbyterian minister the common experience of living in helped to understand this grace by the throughout his professional life, including Scotland as young men. He, there while spiritual guidance of Dr. Ogilvie. being the senior pastor at First Presbyterian he was studying for the ministry, and I, I have known of the Chaplain Ogilvie Church, Hollywood, California: Now, there- there while I was serving as a mis- for longer than my service in the U.S. fore, be it sionary for my church. In that experi- Senate. My parents, Senator Frank Resolved, That— ence, each of us gained deep respect for Murkowski and Nancy Murkowski, (1) the Senate hereby honors Dr. Lloyd J. the Scottish people and Scottish tradi- share a warm and special relationship Ogilvie for his dedicated service as the Chap- lain of the United States Senate; and tions. with Dr. Ogilvie and his wife Mary. (2) the Secretary transmit an enrolled copy That is why you find me today sport- Through them I learned about Dr. of this resolution to Dr. Ogilvie. ing the tartan of my family, the Wal- Ogilvie and his compassion and com- f lace tartan. My father served in this mitment to his faith. They join me in body as Wallace Bennett, coming from sending their prayers, best wishes and SCHEDULE a long line of Wallaces, including one expressions of warmth to him upon his Mr. FRIST. Mr. President, I will be William Wallace. Whether it was the retirement. very brief in our opening script this William Wallace who morphed as Mel Dr. Ogilvie will be missed by all his morning. We will have the opportunity Gibson onto the silver screen or not, I flock and all who know him in his role during morning business later this am not sure. as Chaplain in the U.S. Senate. He has morning for further comments to ex- Lloyd Ogilvie has made his mark served this institution in the tradition press our appreciation to Dr. Ogilvie here in a tremendous way, and he de- of this body with honor and excellence. for his 8 years of service to this body.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3653 We will have two votes this morning ening conditions that require the termi- ommend a delivery method that will maxi- and then we will have that period of nation of pregnancy. Babies may need to be mize the chance for survival of the infant, morning business. Following some time delivered early and die from prematurity, explaining all of the maternal implications but there is never a medical need to perform of such a course. If an emergent life-threat- for a bill introduction, there will be this heinous act. ening situation requires emptying the uterus time available for the Senators to ex- I have reviewed both cases presented by before fetal viability then I will utilize a press their gratitude. Dr. Darney, and quite frankly, do not under- medically appropriate method of delivery, The next vote, following the two stand why he was performing the abortions including intact D&E. votes which are about to begin, will he indicates, yet alone the procedure he is Though they are certainly complicated, begin at 12:30, and will be on invoking using. If the young 25 year old woman has a the two cases described by Dr. Darney describe situations that were not initially cloture on the Estrada nomination. Ad- placenta previa with a clotting disorder, the safest thing to do would be to place her in emergent. This is demonstrated by the use of ditional votes will occur this after- the hospital, transfuse her to a reasonable measures such as dilation of the cervix that noon. I will update Members later this hematocrit, adjust her clotting parameters, required a significant period of time. In addi- morning. watch her closely at bed rest, and deliver a tion, the attempt to dilate the cervix with placenta previa and placenta accreta is itself f live baby. If the patient had a placenta previa, pushing laminaria (sterile sea weed) risky and can lead to life-threatening hemor- RESERVATION OF LEADER TIME up into her cervix, and potentially through rhage. There may be extenuating cir- the previa, is contraindicated. It is no sur- cumstances in Dr. Darney’s patients but The PRESIDING OFFICER. Under prise to anyone that the patient went, from most obstetrical physicians would not at- the previous order, the leadership time stable without bleeding, to heavy bleeding as tempt dilation of the cervix in the presence is reserved. they forcibly dilated her cervix to 3 centi- of these complications. It is my under- meters with laminaria. The use of the dan- standing that the proposed partial birth f gerous procedure of blinding pushing scissors abortion ban already has an exemption for PARTIAL-BIRTH ABORTION BAN into the baby’s skull (as part of the partial situations that are a threat to the life of the ACT OF 2003 birth abortion) with significant bleeding mother. This would certainly allow all meas- from a previa just appears reckless and to- ures to be taken if heavy bleeding, infection, The PRESIDING OFFICER. Under tally unnecessary. or severe preeclampsia required evacuation the previous order, the Senate will now Regarding the second case of the 38 year of the uterus. resume consideration of S. 3, which the old woman with three cesarean sections with The argument for an additional medical clerk will report. a possible accreta and the risk of massive exemption is redundant; furthermore, its inclusion in the legislation would make the The legislative clerk read as follows: hemorrhage and hysterectomy due to a placenta previa, it seems puzzling why the phy- ban virtually meaningless. Most physicians A bill (S. 3) to prohibit the procedure com- sician would recommend doing an abortion and citizens recognize that in rare life- monly known as partial-birth abortion. with a possible accreta as the indication. threatening situations this gruesome proce- The PRESIDING OFFICER. The Sen- Many times, a placenta previa at 22 weeks dure might be necessary. But it is certainly ator from Pennsylvania. will move away from the cervix so that there not a procedure that should be used to accomplish abortion in any other situation. Mr. SANTORUM. Mr. President, I is no placenta previa present and no risk for accreta as the placenta moves away from the Passage of a ban on partial birth abortion ask unanimous consent to have printed with an exemption only for life-threatening old cesarean scar. (virtually 99.5% of time in the RECORD prior to the vote on S. 3, situations is reasonable and just. It is in this is the case with early previas). Why the keeping with long-standing codes of medical four letters from specialists in mater- physicians did not simply take the woman to ethics and it is also in keeping with the pro- nal fetal medicine in response to the term, do a repeat cesarean section with prep- vision of excellent medical care to pregnant letter the Senator from California had arations as noted for a possible women and their unborn children. printed in the RECORD yesterday. hysterectomy, remains a conundrum. Dr. Sincerely, Darney actually increased the woman’s risk There being no objection, the mate- STEVE CALVIN, MD. rial was ordered to be printed in the for bleeding, with a horrible outcome, by tearing through a placenta previa, pulling RECORD, as follows: REDMOND, WA, the baby down, blindly instrumenting the March 12, 2003. ROCKFORD HEALTH SYSTEM, DIVI- baby’s skull, placing the lower uterine seg- Hon. RICK SANTORUM: SION OF MATERNAL-FETAL MEDI- ment at risk, and then scraping a metal in- U.S. Senate Office Building, CINE, strument over an area of placenta accreta. Rockford, IL, March 12, 2003. Washington, DC. No one I know would do such a foolish proce- DEAR SENATOR SANTORUM: The purpose of Hon. RICK SANTORUM, dure in the mistaken belief they would pre- U.S. Senate Office Building, this letter is to counter the letter of Dr. vent an accreta with a D&E. Philip Darney, M.D. to Senator Diane Fein- Washington, DC. Therefore, neither of these cases presented DEAR SENATOR SANTORUM: I am writing to stein and to refute claims of a need for an ex- convincing arguments that the partial birth emption based on the health of the mother in contest the letter submitted to Senator abortion procedure has any legitimate role Feinstein by Philip D. Darney, MD sup- the bill to restrict ‘‘partial birth abortion.’’ in the practice of maternal-fetal medicine or I am board certified in Maternal-Fetal porting the ‘‘medical exemption’’; to the pro- obstetrics and gynecology. Rather, they Medicine as well as Obstetrics and Gyne- posed restriction of the partial birth abor- demonstrate how cavalierly abortion prac- cology and have over 20 years of experience, tion (or as abortionists call it ‘‘intact tices are used to treat women instead of the 17 of which have been in maternal-fetal med- D&E’’). second medical practices that result in a live icine. Those of us in maternal-fetal medicine I am a diplomate board certified by the baby and an unharmed mother. are asked to provide care for complicated, American Board of Obstetrics and Gyne- Sincerely, high-risk pregnancies and often take care of cology in general Obstetrics and Gynecology BYRON C. CALHOUN, MD. women with medical complications and/or and in the sub-specialty of Maternal-Fetal fetal abnormalities. Medicine. I serve as a Visiting Clinical Pro- MARCH 13, 2003. The procedure under discussion (D&X, or fessor in Obstetrics and Gynecology, Univer- Hon. RICK SANTORUM, intact dilation and extraction) is similar to sity of Illinois at Chicago, Department of Ob- U.S. Senate Office Building, a destructive vaginal delivery. Historically stetrics and Gynecology, College of Medicine Washington, DC. such were performed due to the risk of cae- at Rockford, Rockford, Illinois; as an Ad- DEAR SENATOR SANTORUM: I have reviewed sarean delivery (also called hysterotomy) junct Professor of Obstetrics and Gyne- the letter from Dr. Darney describing two prior to the availability of safe anesthetic, cology, at Midwestern University, Chicago examples of what he believes are high risk antiseptic and antibiotic measures and fre- College of Osteopathic Medicine, Department pregnancy cases that show the need for an quently on a presumably dead baby. Modern of Obstetrics and Gynecology; and as an Ad- additional ‘‘medical exemption’’ for partial medicine has progressed and now provides junct Associate Professor of Obstetrics and birth abortion (also referred to as intact better medical and surgical options for the Gynecology Uniformed Services University D&E). I am a specialist in maternal-fetal obstetrical patient. of Health Sciences, F. Edward Herbert medicine with 23 years of experience in ob- The presence of placenta previa (placenta School of Medicine, Washington, D.C. I have stetrics. I teach and do research at the Uni- covering the opening of the cervix) in the authored over 50 peer review articles in the versity of Minnesota. I am also co-chair of two cases cited by Dr. Darney placed those obstetrics and gynecologic literature, pre- the Program in Human Rights in Medicine at mothers at extremely high risk for cata- sented over 100 scientific papers, and have the University. My opinion in this matter is strophic life-threatening hemorrhage with participated in over 40 research projects, my own. any attempt at vaginal delivery. Bleeding In my over 14 years as a Maternal-Fetal In the rare circumstances when continu- from placenta previa is primarily maternal, Medicine specialist I have never used or ation of pregnancy is life-threatening to a not fetal. The physicians are lucky that needed the partial birth abortion technique mother I will end the pregnancy. If the fetus their interventions in both these cases re- to care for my complicated or life threat- is viable (greater than 23 weeks) I will rec- sulted in living healthy women. I do not

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3654 CONGRESSIONAL RECORD — SENATE March 13, 2003 agree that D&X was a necessary option. In Although I do not perform abortions, I their ‘‘right’’ to do partial birth abortions is fact, a bad outcome would have been indefen- have been involved in counseling many that at the end of the procedure they have sible in court. A hysterotomy (caesarean de- women who have considered abortion be- only a dead child to deal with. If they were livery) under controlled non-emergent cir- cause of a medical complication of preg- to abort these women by either inducing cumstances with modern anesthesia care nancy. I have not encountered a case in their labor (when there is no placenta would be more certain to avoid disaster when which what has been described as partial praevia present), or by doing a hysterotomy placenta previa occurs in the latter second birth abortion is the only choice, or even the (c-section), they then need to deal with a trimester. better choice among alternatives, for man- small, living, struggling child—an uncom- Lastly, but most importantly, there is no aging a given complication of pregnancy. fortable situation for someone who’s intent excuse for performing the D&X procedure on Thank you for your consideration of this was to end the child’s life. living fetal patients. Given the time that opinion. Sincerely, these physicians spent preparing for their Sincerely, DANIEL J. WECHTER, M.D., procedures, there is no reason not to have T. MURPHY GOODWIN, M.D, Co-Director of Maternal-Fetal Medicine, performed a lethal fetal injection which is Chief, Division of Maternal-Fetal Medicine. Synergy Medical Education Alliance. quickly and easily performed under Mr. SANTORUM. Madam President, I Mr. BURNS. Mr. President, the Par- ultrasound guidance, similar to ask unanimous consent that a letter tial-Birth Abortion Ban Act of 2003 is amniocentesis, and carries minimal mater- from Dr. Daniel J. Wechter be printed not about a woman’s right to choose to nal risk. in the RECORD. I understand the desire of physicians to have an abortion. Regardless of one’s There being no objection, the mate- views on abortion in general, the par- keep all therapeutic surgical options open, rial was ordered to be printed in the particularly in life-threatening emergencies. tial-birth abortion procedure should We prefer to discuss the alternatives with RECORD, as follows: have no place in a civilized society our patients and jointly with them develop a SYNERGYMEDICAL such as ours. Partial-birth abortion is plan of care, individualizing techniques, and EDUCATION ALLIANCE, an undeniably abhorrent procedure, referring them as necessary to those who Saginaw, MI, March 13, 2003. and most physicians believe it is never will serve the patient with the most skill. Hon. RICK SANTORUM, medically necessary. The American U.S. Senate Office Building, Nonetheless I know of no circumstance in Medical Association, the largest asso- my experience and know of no colleague who Washington, DC. will state that it is necessary to perform a DEAR SENATOR SANTORUM, I am writing in ciation of doctors in the United States, destructive procedure on a living second tri- response to the letter from Dr. Phillip and the medical community at large, mester fetus when the alternative of intra- Darney which was introduced by Senator has endorsed banning this late-term uterine feticide by injection is available. Feinstein. abortion procedure. It is time for the Obviously none of this is pleasant. Senator I have cared for pregnant patient patients Congress to follow suit. Santorum, I encourage you strongly to work for almost 29 years, and have worked exclu- Since 1995, at least 31 States have en- sively in the field of Maternal-Fetal Medi- for passage of the bill limiting this barbaric acted laws banning partial-birth abor- medical procedure, performance of D&X on cine (high risk pregnancy) for over 15 years. I am board certified in Obstetrics & Gyne- tion. On June 28, 2000, the U.S. Su- living fetuses. preme Court invalidated a Nebraska Sincerely, cology, and also in the subspecialty of Ma- ternal-Fetal Medicine. I am an assistant pro- statute that prohibited the perform- SUSAN E. RUTHERFORD, MD. fessor in Obstetrics & Gynecology for the ance of partial-birth abortions. The Su- UNIVERSITY OF SOUTHERN CALI- Michigan State College of Human Medicine, preme Court determined that the Ne- FORNIA, DEPARTMENT OF OBSTET- and co-director of Maternal-Fetal Medicine braska statute was unconstitutional in Saginaw Michigan. RICS AND GYNECOLOGY, I have never seen a situation in which a because it failed to include an excep- Los Angeles, CA, March 12, 2003. partial birth abortion was needed to save a tion to protect the health of the moth- Hon. RICK SANTORUM, mother’s life. I have never had a maternal er, and because the language defining U.S. Senate Office Building, death, not ever. the prohibited procedure was too Washington, DC. I am familiar with Dr. Darney’s letter de- DEAR SENATOR SANTORUM, I am writing in vague. We must not allow the Partial- scribing two of his cases. My comments are support of the proposed restrictions on the Birth Abortion Ban Act to be diluted not meant as a criticism of Dr. Darney as a procedure referred to as ‘‘partial birth abor- by amendments that would limit the person or as a physician. I have great respect tion,’’ which the Senate is now considering. application of this bill to a time after for anyone in our field of medicine, which is I am chief of the Division of Maternal- a very rewarding specialty but which re- a child is determined to be viable. Such Fetal Medicine in the Department of Obstet- quires difficult decisions on a daily basis. We language would allow this procedure to rics and Gynecology at the University of are all working to help mothers and their continue being performed as late as the Southern California in Los Angeles. I have children make it through difficult preg- sixth month of pregnancy. Addition- published more than 100 scientific papers and nancies. Still, I do disagree with his stand book chapters regarding complications of ally, such amendments would create that the legal freedom to do partial birth pregnancy. I direct the obstetrics service at loopholes allowing this cruel procedure abortions is necessary for us to take good Los Angeles County Women’s and Children’s to be used even as late as the third tricare of our patients. For example, in the sec- Hospital, the major referral center for com- ond case he describes, I believe that patient mester of pregnancy, a time at which plicated obstetric cases among indigent and could have carried the pregnancy much fur- many babies can sustain life outside under-served women in Los Angeles. ther, and eventually delivered a healthy the womb. I have had occasion to review the cases de- child by repeat caesarean section followed by Passing the Partial-Birth Abortion scribed by Dr. Philip Darney, offered in sup- hysterectomy. Hemorrhage is always a con- Ban Act would prohibit any physician port of the position that partial birth abor- cern with such patients, but we have many tion, or intact D&E, was the best care for the or other individual from knowingly effective ways to handle this problem, which patient in those situations. Mindful of Dr. performing a partial-birth abortion, ex- Dr. Darney knows as well as I. Blood vessels cept when necessary to save the life of Darney’s broad experience with surgical can be tied off at surgery, blood vessels can abortion, I nevertheless disagree strongly be occluded using small vascular catheters, a mother who is endangered by a phys- that the approach he describes for these two cell-savers can be used to return the patients ical disorder, illness, or injury. Experts cases was best under the circumstances. own blood to them, blood may be given from have estimated that the partial-birth Such cases are infrequent, and there is no donors, pelvic pressure packs can be used for abortion procedure is used 3,000–5,000 single standard for management. However, it bleeding following hysterectomy, and other times annually, and that the vast ma- would certainly be considered atypical, in blood products (platelets, fresh frozen plas- jority of these procedures are per- my experience, to wait 12 hours to dilate the ma, etc) can be given to treat coagulation cervix with laminaria while the patient was formed on a healthy mother and a abnormalities (DIC). His approach of placing healthy fetus. The Physicians’ Ad Hoc actively hemorrhaging, as was described in laminaria to dilate the cervix in a patient his first case. Similarly, the approach to pre- with a placenta praevia is not without it’s Coalition on Truth—PHACT—a group sumed placenta acreta, described in the sec- own risk. of over 600 physicians-specialists—has ond case, is highly unusual. Although the If Dr. Darney performed the partial birth spoken out to dispute the claims that mother survived with significant morbidity, abortion on this patient to keep from doing some women need partial-birth abor- it is not clear that the novel approach to another c-section, or even to preserve her tions to avoid serious physical injury. management of these difficult cases is the uterus, I’m hopeful he counseled the patient In September 1996, former Surgeon safest approach. It is my opinion that the that if she becomes pregnant again, she will vast majority of physicians confronting ei- once again have a very high risk of having a General C. Everett Koop and other ther of these cases would opt for careful placenta praevia and placenta accreta. PHACT members said: hysterotomy as the safest means to evacuate Lastly, I believe that for some abortion- Partial-birth abortion is never medically the uterus. ists, the real reason they wish to preserve necessary to protect a mother’s health or her

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3655 future fertility. On the contrary, this proce- Most medical professionals would ducted post-viability. That’s why I in- dure can pose a significant threat to both. agree that this specific abortion proce- tend to support an amendment to re- Banning partial-birth abortion has dure is outrageous. In fact, the Amer- strict such procedures. The legislation been addressed in every Congress since ican Medical Association supported a I am supporting, however, is much the 104th session, and banned in both ban in 1999. more carefully crafted than the under- the 104th and 105th sessions. We now You will hear many on the other side lying bill, and it complies with the con- have a President in office who has argue about a woman’s health and restitution by providing an exception vowed to sign this Partial-Birth Ban productive rights. As the bill states, where the health of the woman is at Act when it comes before him without the physician credited with developing stake. hostile amendments that would allow the partial-birth abortion procedure While I understand the genuine con- the continuance of this procedure. It is has testified that he has never encoun- cerns of many advocates for this legis- our moral duty to ban this repulsive tered a situation where a partial-birth lation, the language of the bill actually practice once and for all, and it is my abortion was medically necessary to goes well beyond a ban on late-term sincere hope that Congress will be able achieve the desired outcome. His testi- abortions. In fact, its real effect would to finally pass the Partial-Birth Abor- mony waters down their theory that be to deny women’s access to some of tion Ban Act of 2003. this procedure is necessary in certain the safest abortion procedures at all Mr. GRASSLEY. Mr. President, I rise situations to preserve the mother’s stages of pregnancy. Because the legis- today in support for the Partial-Birth health. lation omits any mention of fetal via- Abortion Ban Act of 2003. If we know that the procedure can bility, it bans abortions throughout all As a father of five, a grandfather of pose a threat to both a woman’s imme- stages of pregnancy. And it bans one of nine, and a proud great-grandfather, I diate health and future reproductive the safest abortion methods—the ‘‘in- regard life as a precious gift. During capacity, why do you want to expose tact D&E’’—that is used when a woman’s life and health are in danger and my tenure in the Congress—that is, women to the risks? for severe fetal anomalies. since 1974—I have long supported poli- Condoning partial-birth abortion is I hope my colleagues will think long bad medicine, and bad policy. cies that stand up for life and protect and hard about the implications of the When abortion advocates say that the unborn. legislation before us. We need to be abortion is a matter just between a We made great strides in the 104th, very careful to avoid returning to a pe- 105th, and 106th Congresses on banning woman and her doctor, they are reject- riod in which abortion was illegal and partial-birth abortions. It was unfortu- ing the rights of an innocent human the only choice women had was to seek nate that President Clinton vetoed the being. an illegal and unsafe abortion. In those ban. Not once, but twice. The unborn baby is alive from the days, thousands of women died each Then, in 2000, the Supreme Court moment of fertilization, the unborn year as a direct result of these legal considered and struck down as uncon- baby has a heartbeat at 3 weeks and prohibitions. And it would be tragic if stitutional the Nebraska State law brain waves at 6 weeks, the unborn this Congress were to forget the lessons making partial-birth abortion illegal. baby has 46 chromosomes in the cells of of that history. In Stenberg v. Carhart, the Court be- his or her body, the unborn baby is a It also would be unconstitutional. In lieved that the Nebraska law (1) did not living human being. Roe v. Wade, the Supreme Court held contain an exception for the health of Dr. Seuss said it just right: A person that a woman has the right to choose a mother, and (2) was too broad and is a person, no matter how small. legal abortion until fetal viability. could be construed to cover other types Let’s pass this bill to protect the in- States have the authority to ban abor- of procedures. The bill before us spe- nocent and unborn. tion post-viability, so long as excep- cifically addresses the Supreme Court’s Mr. CORZINE. Mr. President, I rise tions are made to protect a woman’s concerns. in opposition to this legislation be- life and health. And, indeed, 41 States I am disappointed and sickened that cause I believe it is unconstitutional, have chosen to ban postviability abor- these abortion procedures are legal in and because its language is so broad tions in instances in which a woman’s the United States of America. I’m not that it effectively would ban standard life and health are not at stake. But, alone. According to a recent Gallup and safe abortion procedures. I am con- under no circumstances do the Con- poll, 70 percent of Americans want a cerned that, if approved, this bill would gress or the States have the authority ban. not only undermine a woman’s right to to ban medical procedures that are es- My constituents want a ban on par- choose, but it would endanger the lives sential to preserving a woman’s life or tial-birth abortions: of thousands of women who no longer health, nor do they have the authority A woman from Tabor, IA, wrote, ‘‘I’m would have access to safe abortion pro- to completely ban access to abortion horrified that under current law, thou- cedures when their health or their life previability. This is a constitutionally sands of partial-birth abortions are is in jeopardy. protected right. committed in America every year.’’ Before I go further, let me say that I Unfortunately, the majority leader A man from Atlantic, IA wrote, ‘‘I fully understand the very real and le- has brought to the Senate floor an believe that when women would see gitimate concerns of those who support abortion ban that has been struck that they would be terminating a life this legislation. The issue of abortion down by courts in 21 States, including then they would opt ‘no’ to abortion.’’ raises the most profound of moral and my State of New Jersey, and the Su- A woman from Nora Springs wrote, ethical dilemmas. These are emotional preme Court. Based on that precedent, ‘‘Abortions are actually murder be- issues. They raise many hard ques- there is little doubt that, if this bill is cause even though the child may not be tions. And the practical reality of abor- enacted, it also will be struck down, out of the womb, it’s still developing tion, all types of abortion, is hard for and therefore it won’t reduce the num- into a person.’’ all involved. ber of abortions at all. It makes you A woman from Waverly, IA, wrote, Speaking for myself, I support a wonder: Why are we even spending our ‘‘Partial-birth abortions are never woman’s right to choose. And I support time debating this legislation? medically necessary.’’ it strongly. As I see it, a decision about If we really are interested in reduc- A young man in the 6th grade from abortion generally should be made by a ing the number of abortions in this West Union, IA, wrote, ‘‘A child might woman and her doctor, not by politi- country, we should ensure that all die, and in the future that small child cians. women have access to the full array of could grow up to create a cure for a Having said that, I recognize that family planning services, including disease, or be a fireman and save many men and women of good faith can and prescription contraception, emergency lives. Just think, you could have been will reach different conclusions about contraception, and prenatal care. We aborted.’’ the difficult ethical questions involved also should support an expansion of It’s time for us to stand up against in the debate on this legislation. And, comprehensive sex education. I fully such an extreme medical practice that I share concerns raised by many bill support the amendment offered by Sen- stops the beating heart of an unborn proponents about some of the most dis- ator MURRAY and REID that would have child. turbing examples of procedures con- addressed these issues.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3656 CONGRESSIONAL RECORD — SENATE March 13, 2003 Every week, 8,500 children in our THE FACTS Morbidity trends indicate that dilation and country are born to mothers who (1) So-called ‘‘partial birth’’ abortion does evacuation is much safer than labor induc- lacked access to prenatal care. Too not exist. tion procedures and for women with certain many of these children are born with There is no mention of term ‘‘partial medical conditions, labor induction can pose birth’’ abortion in any medical literature. serious risks. Rates of major complications serious health problems because their from labor induction, including bleeding, in- mothers lacked adequate care during Physicians are never taught a technique called ‘‘partial birth’’ abortion and therefore fections, and unnecessary surgery, were at their pregnancies. As a result, 28,000 in- are unable to medically define the procedure. least twice as high as those from D&E. There fants die each year in the United What is described in the legislation, how- are instances of women who, after having States. That, Mr. President, is the real ever, could ban all abortions. ‘‘What this bill failed inductions, acquired infections neces- tragedy. And we ought to act imme- describes, albeit in non-medical terms, can sitating emergency D&Es as a last resort. diately to address this issue by expand- be interpreted as any abortion,’’ stated one Hysterotomy and hysterectomy, moreover, ing access to prenatal care, as several of our physician members. ‘‘Medicine is an carry a mortality rate seven times that of of my colleagues and I have proposed. art as much as it is a science; although there induction techniques and ten times that of is a standard of care, each procedure—and in- D&E. What we should not do, however, is There is a psychological component which pass legislation that we know is uncon- deed each woman—is different. The wording here could apply to any abortion patient.’’ makes D&E preferable to labor induction; stitutional, that would ban a common The bill’s language is too vague to be useful; undergoing difficult, expensive and painful and safe form of abortion at all stages in fact, it is so vague as to be harmful. It is labor for up to two days can be extremely of pregnancy, and that would increase intentionally unclear and deceptive. emotionally and psychologically difficult, maternal mortality—all without im- (2) Physicians need to have all medical op- much more so than a surgical procedure that proving the health of a single child. tions available in order to provide the best can be done in less than an hour under gen- For these reasons, I urge my col- medical care possible. eral or local anesthesia. Furthermore, labor leagues to oppose this bill. Tying the hands of physicians endangers induction does not always work: Between 15 I ask unanimous consent to print in the health of patients. It is unethical and and 30 percent or more of cases require surgery to complete the procedure. There is no the RECORD two letters, one from Phy- dangerous for legislators to dictate the de- question that D&E is the safest method of sicians for Reproductive Choice and tails of specific surgical procedures. Until a surgeon examines the patient, she does not second-trimester abortion. Health, and the other from Mr. Felicia necessarily know which technique or proce- There is also a technique known as dila- Stewart, Professor of Obstetrics and dure would be in the patient’s best interest. tion and extraction (D&X). There is a limited Gynecology at the University of Cali- Banning procedures puts women’s health at medical literature on D&X because it is an fornia. I believe these letters describe risk. uncommonly used variant of D&X. However, better than I the important medical (3) Politicians should not legislate medical it is sometimes a physician’s preferred meth- reasons for voting against this bill. decision-making. od of termination for a number of reasons: It There being no objection, the mate- To do so would violate the sanctity and le- offers a woman the chance to see the intact rial was ordered to be printed in the gality of the physician-patient relationship. outcome of a desired pregnancy, to speed up The right to have an abortion is constitu- the grieving process; it provides a greater RECORD, as follows: tionally-protected. To falsify scientific evi- chance of acquiring valuable information re- PHYSICIANS FOR REPRODUCTIVE dence in an attempt to deny women that garding hereditary illness or fetal anomaly; CHOICE AND HEALTH, right is unconscionable and dangerous. and D&E provides a decreased risk of injury New York, NY, March 12, 2003. The American College of Obstetricians and to the woman, as the procedure is quicker Hon. JON S. CORZINE, Gynecologists, representing 45,000 ob-gyns, than induction and involves less use of sharp U.S. Senate, agrees: ‘‘The intervention of legislative bod- instruments in the uterus, providing a de- Washington, DC. ies into medical decision making is inappro- creased chance of uterine perforations or DEAR SENATOR CORZINE: We are writing to priate, ill advised, and dangerous.’’ tears and cervical lacerations. The American urge you to stand in defense of women’s re- The American Medical Women’s Associa- College of Obstetricians and Gynecologists productive health and vote against S.3, legis- tion, representing 10,000 female physicians, is addressed this in their statement in opposi- lation regarding so-called ‘‘partial birth’’ opposed to an abortion ban because it ‘‘rep- tion to so-called ‘‘partial birth’’ abortion abortion. resents a serious impingement on the rights when they said that D&X ‘‘may be the best We are practicing family physicians; obste- of physicians to determine appropriate med- or most appropriate procedure in a par- trician-gynecologists; academics in obstet- ical management for individual patients.’’ ticular circumstance to save the life or pre- rics, gynecology and women’s health; and a serve the health of a woman, and only the variety of other specialties in medicine. We THE SCIENCE doctor, in consultation with the patient, believe it is imperative that those who per- We know that there is no such technique as based on the woman’s particular cir- form terminations and manage the pre- and ‘‘partial birth’’ abortion, and we believe this legislation is a thinly-veiled attempt to out- cumstances, can make this decision. post-operative care of women receiving abor- It is important to note that these proce- law all abortions. Those supporting this leg- tions are given a voice in a debate that has dures are used at varying gestational ages. islation seem to want to confuse both legis- largely ignored the two groups whose lives both D&E and D&X are options for surgical lators and the public about which abortion would be most affected by this legislation: abortion prior to viability. D&E and D&X procedures are actually used. Since the physicians and patients. are used solely based on the size of the fetus, It is misguided and unprincipled for law- greatest confusion seems to center around the health of the woman, and the physician’s makers to legislate decision-making in medi- techniques that are used after the first tri- judgment, and the decision regarding which cine. We all want safe and effective medical mester, we will address those: dilation and procedure to use is done on a case-by-case procedures for women; on that there is no evacuation (D&E), dilation and extraction basis. dispute. However, the business of medicine is (D&X), instillation, hysterectomy and not always palatable to those who do not hysterotomy (commonly known as a c-sec- THE LEGISLATION practice it on a regular basis. The description). Because this legislation is so vague, it tion of a number of procedures—from Dilation and evacuation (D&E) is the would outlaw D&E and D&X (and arguably liposuction to cardiac surgery—may seem standard approach for second-trimester abor- techniques used in the first trimester). In- distasteful to some, and even repugnant to tions. The D&E is similar to first-trimester deed, the Congressional findings—which go others. When physicians analyze and refine vacuum aspiration except that the cervix into detail, albeit in non-medical terms—do surgical techniques, it is always for the best must be further dilated because surgical in- not remotely correlate with the language of interest of the patient. The risk of death as- struments are used. Morbidity and mortality the bill. This legislation is reckless. The out- sociated with childbirth is about 11 times as studies indicate D&E is preferable to labor come of its passage would undoubtedly be high as that associated with abortion. Abor- induction methods (instillation), countless deaths and irreversible damage to tion is proven to be one of the safest proce- hysterotomy and hysterectomy because of thousands of women and families. We can dures in medicine, significantly safer than issues regarding complications and safety. safely assert that without D&E and D&X, childbirth, and in fact saves women’s lives. From the years 1972–76, labor induction that is, an enactment of S. 3, we will be re- While we can argue as to why this legisla- procedures carried a maternal mortality rate turning to the days when an unwanted preg- tion is dangerous, deceptive and unconstitu- of 16.5 (note: all numbers listed are out of nancy led women to death through illegal tional—and it is—the fact of the matter is 100,000); the corresponding rate for D&E was and unsafe procedures, self-inflected abor- that the text of the bill is so vague and mis- 10.4. From 1977–82, labor induction fell to 6.8, tions, uncontrollable infections and suicide. leading that there is a great need to correct but D&E dropped to 3.3 From 1983–87, induc- The cadre of physicians who provide abor- the misconceptions around abortion safety tion methods had a 3.5 mortality rate, while tions should be honored, not vilified. They and technique. It is wrong to assume that a D&E fell to 2.9. Although the difference be- are heroes to millions of women, offering the specific procedure is never needed; what is tween the methods shrank by the mid-1980s, opportunity of choice and freedom. We urge required is the safest option for the patient, the use of D&E had already quickly outpaced you to consider scientific data rather than and that varies from case to case. induction. partisan rhetoric when voting on such far-

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3657 reaching public health legislation. We Natalie E. Roche, MD, Assistant Professor dilation and extraction (d&x, sometimes re- strongly oppose legislation intended to ban of Obstetrics and Gynecology, New Jersey ferred to as ‘‘inact d&e), dilation and evacu- so-called ‘‘partial birth’’ abortion. Medical College, Newark, NJ. ation (d&e), the most common second-tri- Sincerely, Roger A. Rosenblatt, MD, MPH, Professor mester procedure. In addition, such a ban Nassim Assefi, MD, Attending, Women’s and Vice Chair, Department of Family Medi- could also apply to induction methods. Even Clinic and Adult Medicine, Harborview Med- cine, Rural Underserved Opportunity Pro- if a physician is using induction as the pri- ical Center, Seattle, WA. gram Director—School of Medicine Univer- mary method for abortion, he or she may not Jonathan D. Berman, MD, Columbia River sity of Washington School of Medicine Se- be able to assure that the procedure could be Mental Health Services, Vancouver, WA. attle, WA. effected without running afoul of the pro- Elizabeth Bianchi, MD, Spokane, WA. Courtney Schreiber, MD, Chief Resident, posed ban. A likely outcome if this legisla- Paul D. Blumenthal, MD, MPH, Associate Obstetrics and Gynecology, University of tion is enacted and enforced is that physi- Professor, Department of Gynecology and Pennsylvania Health System, Philadelphia, cians will fear criminal prosecution for any Obstetrics, Johns Hopkins University, Direc- PA. second trimester abortion—and women will tor, Contraceptive Research and Programs, Jody Steinauer, MD, Clinical Fellow, Dept. have no choice but to carry pregnancies to Johns Hopkins Bayview Medical Center, Bal- of Obstetrics, Gynecology and Reproductive term despite the risks to their health. It timore, MD. Sciences, University of California, San Fran- would be a sad day for medicine if Congress Fredrik F. Broekhuizen, MD, Professor Ob- cisco, CA. decides that hysterotomy, hysterectomy, or Steven B. Tamarin, MD, St. Luke’s/Roo- stetrics and Gynecology, Medical College of unsafe continuation of pregnancy are wom- sevelt Medical Center, Attending Assistant, Wisconsin, Madison, WI. en’s only available options. Williams Obstet- Herbert Brown, MD, Clinical Associate Department of Pediatrics, New York, NY. Katherine Van Kessel, MD, Attending Phy- rics, one of the leading medical texts in Ob- Professor, Obstetrics and Gynecology, Uni- stetrics and Gynecology, has this to say versity of Texas Health Science Center at sician, Harborview Medical Center, Depart- ment of OB/Gyn, University of Washington about the hysterotomy ‘‘option’’ that the San Antonio, San Antonio, TX. bill leaves open: ‘‘Nottage and Liston (1975), Wendy Chavkin, MD, MPH, Professor of Medical Center, Seattle, WA. Gerson Weiss, MD, Professor and Chair, based on review of 700 hysterotomies, right- Clinical Public Health and Ob-Gyn, Colum- Department of Obstetrics, Gynecology and fully concluded that the operation is out- bia University, School of Public Health. Women’s Health, New Jersey Medical Col- dated as a routine method for terminating Philip A. Corfman, MD, Consultant in Re- lege, Newark, NJ. pregnancy.’’ (Cunningham and McDonald, et productive Health, Bethesda, MD. Beverly Winikoff, MD, MPH, President, al, Williams Obstetrics, 19th ed., (1993), p. Anne R. Davis, MD, MPH, Assistant Clin- Gynuity Health Projects, New York, NY. 663.) ical Professor of Obstetrics and Gynecology, And the board of Physicians for Reproduc- Obviously, allowing women to have a Columbia College of Physicians and Sur- tive Choice and Health. hysterectomy means that Congress is au- geons, Columbia University, New York, NY. thorizing women to have an abortion at the Quentin B. Deming, MD, Jacob A. and MARCH 5, 2003. price of their future fertility, and with the Jeanne E. Barkey, Professor of Medince, Hon. BARBARA BOXER, added risks and costs of major surgery. In Emeritus, Albert Einstein College of Medi- U.S. Senate, sum, the options left are less safe for women cine, New York, NY. Washington, DC. who need an abortion after the first tri- Paul M. Fine, MD, Medical Director, DEAR SENATOR BOXER: I understand that mester of pregnancy. Planned Parenthood of Houston and South- you will be considering Senate S. 3, the ban I’d like to focus my attention on that sub- east Texas, Houston, TX. on abortion procedures, soon and would like set of the women affected by this bill who Marilynn C. Frederiksen, MD, Associate to offer some medical information that may face grievous underlying medical conditions. Professor of Obstetrics and Gynecology, assist you in your efforts. Important stakes To be sure, these are not the majority of Northwestern University Medical School, for women’s health are involved: if Congress women who will be affected by this legisla- Chicago, IL. enacts such a sweeping ban, the result could tion, but the grave health conditions that Susan George, MD, Family Physician, effectively ban safe and common, pre-viabil- could be worsened by this bill illustrate how Portland, ME. ity abortion procedures. sweeping the legislation is. Richard W. Grady, MD, Assistant Pro- By way of background, I am an adjunct Take for instance women who face hyper- fessor, Children’s Hospital and Regional professor in the Department of Obstetrics, tensive disorders such as eclampsia—convul- Medical Center, Seattle, WA. Gynecology and Reproductive Sciences at sions precipitated by pregnancy-induced or Laura J. Hart, MD, Alaska Urological As- the University of California, San Francisco, sociates, Seattle, WA aggravated hypertension (high blood pres- where I co-direct the Center for Reproduc- sure). This, along with infection and hemor- Paula J. Adams Hillard, MD, Professor, tive Health Research and Policy. Formerly, I OB-Gyn and Pediatrics, University of Cin- rhage, is one of the most common causes of directed the Reproductive Health program maternal death. With eclampsia, the kidneys cinnati College of Medicine, Cincinnati, OH. for the Henry J. Kaiser Family Foundation Sarah Hufbauer, MD, Country Doctor Com- and liver may be affected, and in some cases, and served as Deputy Assistant Secretary for if the woman is not provided an abortion, her munity Clinic, Seattle, WA. Population Affairs for the United States De- Robert L. Johnson, MD, FAAP, Pediatri- liver could rupture, she could suffer a stroke, partment of Health and Human Services. I brain damage, or coma. Hypertensive dis- cian and Adolescent Medicine Specialist, Or- represented the United States at the Inter- ange, NJ. orders are conditions that can develop over national Conference on Population and De- time or spiral out of control in short order, Harry S. Jonas, MD, Past President, The velopment (ICPD) in Cairo, Egypt, and cur- American College of Obstetricians and Gyne- and doctors must be given the latitude to rently serve on a number of Boards for orga- terminate a pregnancy if necessary in the cologist, Lee’s Summit, MO. nizations that promote emergency contra- Deborah E. Klein, MD, Swedish Physician safest possible manner. ception and new contraceptive technologies, If the safest medical procedures are not Division, Seattle, WA. and support reducing teen pregnancy. My Julie Komarow, MD, Covington Primary available to terminate a pregnancy, severe medical and policy areas of expertise are in adverse health consequences are possible for Care, Covington, WA. the family planning and reproductive health, Kim Leatham, MD, Clinical Instructor, some women who have underlying medical prevention of sexually transmitted infec- University of Washington, Dept. of Family conditions necessitating a termination of tions including HIV/AIDS, and enhancing Medicine, Medical Director, Virginia Mason their pregnancies, including: death (risk of international and family planning. death higher with less safe abortion meth- Winslow, Bainbridge Island, WA. The proposed ban on abortion procedures ods), infertility, paralysis, coma, stroke, David A. Levine, MD, Associate Professor criminalizes abortions in which the provider hemorrhage, brain damage, infection, liver of Clinical Pediatrics, Morehouse School of ‘‘deliberately and intentionally vaginally de- damage, and kidney damage. Medicine, Atlanta, GA. livers a living fetus . . . for the purpose of Legislation forcing doctors to forego medi- Sara Buchdahl Levine, MD, MPH, Resi- performing an overt act that the person cally indicated abortions or to use less safe dent, Social Pediatrics, Children’s Hospital knows will kill the partially delivered living but politically-palatable procedures is sim- at Montefiore, Bronx, NY. fetus . . .’’ The criminal ban being consid- ply unacceptable for women’s health. Scott T. McIntyre, MD, Seattle Family ered is flawed in a number of respects: Medicine, Aurora Medical Services, Planned It fails to protect women’s health by omit- Thank you very much, Senator, for your Parenthood of Western Washington Medical ting an exception for women’s health; efforts to educate your colleagues about the Advisory Committee, Seattle, WA. It menaces medical practice with the implications of the proposed ban on abortion Catherine P. McKegney, MD, MS, Hennepin threat of criminal prosecution; procedures. Count Medical Director, Department of Fam- It encompasses a range of abortion proce- Sincerely, ily Practice, Minneapolis, MN. dures; and FELICIA H. STEWART, M.D. Deborah Oyer, MD, Medical Director, Au- It leaves women in need of second tri- Mr. SANTORUM. Mr. President, I rora Medical Services, Clinical Assistant mester abortions with far less safe medical ask for the yeas and nays. Professor in Family Medicine, University of options: hysterotomy (similar to a caesarean Washington, Seattle, WA. section) and hysterectomy. The PRESIDING OFFICER. Is there a Warren H. Pearse, MD, Ob/Gyn, The proposed ban would potentially en- sufficient second? There is a sufficient Mitchellville, MD. compass several abortion methods, including second.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3658 CONGRESSIONAL RECORD — SENATE March 13, 2003 The bill having been read the third (1) A moral, medical, and ethical consensus findings that the Supreme Court was bound time, the question is, Shall the bill exists that the practice of performing a par- to accept in Stenberg under the ‘‘clearly er- pass? The clerk will call the roll. tial-birth abortion—an abortion in which a roneous’’ standard. Rather, the United physician delivers an unborn child’s body States Congress is entitled to reach its own The legislative clerk called the roll. until only the head remains inside the womb, factual findings—findings that the Supreme Mr. REID. I announce that the Sen- punctures the back of the child’s skull with Court accords great deference—and to enact ator from Delaware (Mr. BIDEN), the a Sharp instrument, and sucks the child’s legislation based upon these findings so long Senator from North Carolina (Mr. brains out before completing delivery of the as it seeks to pursue a legitimate interest EDWARDS), and the Senator from Mas- dead infant—is a gruesome and inhumane that is within the scope of the Constitution, sachusetts (Mr. KERRY) are necessarily procedure that is never medically necessary and draws reasonable inferences based upon absent. and should be prohibited. substantial evidence. I further announce that, if present (2) Rather than being an abortion proce- (9) In Katzenbach v. Morgan (384 U.S. 641 dure that is embraced by the medical com- (1966)), the Supreme Court articulated its and voting, the Senator from North munity, particularly among physicians who highly deferential review of Congressional Carolina (Mr. EDWARDS) and the Sen- routinely perform other abortion procedures, factual findings when it addressed the con- ator from Massachusetts (Mr. KERRY) partial-birth abortion remains a disfavored stitutionality of section 4(e) of the Voting would each vote ‘‘no’’. procedure that is not only unnecessary to Rights Act of 1965. Regarding Congress’ fac- The PRESIDING OFFICER (Ms. MUR- preserve the health of the mother, but in tual determination that section 4(e) would KOWSKI). Are there any other Senators fact poses serious risks to the long-term assist the Puerto Rican community in ‘‘gain- in the Chamber desiring to vote? health of women and in some circumstances, ing nondiscriminatory treatment in public their lives. As a result, at least 27 States services,’’ the Court stated that ‘‘[i]t was for The result was announced—yeas 64, banned the procedure as did the United Congress, as the branch that made this judg- nays 33, as follows: States Congress which voted to ban the pro- ment, to assess and weigh the various con- [Rollcall Vote No. 51 Leg.] cedure during the 104th, 105th, and 106th Con- flicting considerations.... It is not for us YEAS—64 gresses. to review the congressional resolution of (3) In Stenberg v. Carhart (530 U.S. 914, 932 these factors. It is enough that we be able to Alexander Dole McCain (2000)), the United States Supreme Court perceive a basis upon which the Congress Allard Domenici McConnell opined ‘‘that significant medical authority might resolve the conflict as it did. There Allen Dorgan Miller Bayh Ensign Murkowski supports the proposition that in some cir- plainly was such a basis to support section Bennett Enzi Nelson (NE) cumstances, [partial birth abortion] would 4(e) in the application in question in this Bond Fitzgerald Nickles be the safest procedure’’ for pregnant women case.’’ (Id. at 653). Breaux Frist Pryor who wish to undergo an abortion. Thus, the (10) Katzenbach’s highly deferential review Brownback Graham (SC) Reid Court struck down the State of Nebraska’s of Congress’s factual conclusions was relied Bunning Grassley Roberts ban on partial-birth abortion procedures, upon by the United States District Court for Burns Gregg Santorum concluding that it placed an ‘‘undue burden’’ the District of Columbia when it upheld the Byrd Hagel Sessions Campbell Hatch on women seeking abortions because it failed ‘‘bail-out’’ provisions of the Voting Rights Carper Hollings Shelby to include an exception for partial-birth Act of 1965, (42 U.S.C. 1973c), stating that Chambliss Hutchison Smith abortions deemed necessary to preserve the ‘‘congressional fact finding, to which we are Cochran Inhofe Specter ‘‘health’’ of the mother. inclined to pay great deference, strengthens Coleman Johnson Stevens (4) In reaching this conclusion, the Court the inference that, in those jurisdictions cov- Conrad Kyl Sununu deferred to the Federal district court’s fac- ered by the Act, state actions discriminatory Cornyn Landrieu Talent tual findings that the partial-birth abortion in effect are discriminatory in purpose’’. Thomas Craig Leahy procedure was statistically and medically as City of Rome, Georgia v. U.S. (472 F. Supp. Crapo Lincoln Voinovich Daschle Lott Warner safe as, and in many circumstances safer 221 (D. D. Col. 1979)) aff’d City of Rome, Geor- DeWine Lugar than, alternative abortion procedures. gia v. U.S. (46 U.S. 156 (1980)). (5) However, the great weight of evidence (11) The Court continued its practice of de- NAYS—33 presented at the Stenberg trial and other ferring to congressional factual findings in Akaka Durbin Lieberman trials challenging partial-birth abortion reviewing the constitutionality of the must- Baucus Feingold Mikulski bans, as well as at extensive Congressional carry provisions of the Cable Television Con- Bingaman Feinstein Murray hearings, demonstrates that a partial-birth sumer Protection and Competition Act of Boxer Graham (FL) Nelson (FL) abortion is never necessary to preserve the 1992. See Turner Broadcasting System, Inc. Cantwell Harkin Reed Chafee Inouye Rockefeller health of a woman, poses significant health v. Federal Communications Commission (512 Clinton Jeffords Sarbanes risks to a woman upon whom the procedure U.S. 622 (1994) (Turner I)) and Turner Broad- Collins Kennedy Schumer is performed, and is outside of the standard casting System, Inc. v. Federal Communica- Corzine Kohl Snowe of medical care. tions Commission (520 U.S. 180 (1997) (Turner Dayton Lautenberg Stabenow (6) Despite the dearth of evidence in the II)). At issue in the Turner cases was Con- Dodd Levin Wyden Stenberg trial court record supporting the gress’ legislative finding that, absent manda- NOT VOTING—3 district court’s findings, the United States tory carriage rules, the continued viability Court of Appeals for the Eighth Circuit and of local broadcast television would be ‘‘seri- Biden Edwards Kerry the Supreme Court refused to set aside the ously jeopardized’’. The Turner I Court rec- CHANGE OF VOTE district court’s factual findings because, ognized that as an institution, ‘‘Congress is Mr. DURBIN. Madam President, on under the applicable standard of appellate far better equipped than the judiciary to the previous rollcall vote on S. 3, I in- review, they were not ‘‘clearly erroneous’’. A ‘amass and evaluate the vast amounts of finding of fact is clearly erroneous ‘‘when al- data’ bearing upon an issue as complex and advertently cast a vote I did not intend though there is evidence to support it, the dynamic as that presented here’’ (512 U.S. at to cast. On rollcall vote No. 51, I voted reviewing court on the entire evidence is left 665–66). Although the Court recognized that yea. It was my intention to vote nay. with the definite and firm conviction that a ‘‘the deference afforded to legislative find- Therefore, I ask unanimous consent mistake has been committed’’. Anderson v. ings does ‘not foreclose our independent that I be permitted to change my vote City of Bessemer City, North Carolina (470 judgment of the facts bearing on an issue of since it will not affect the outcome. U.S. 564, 573 (1985)). Under this standard, ‘‘if constitutional law,’ ’’ its ‘‘obligation to exer- The PRESIDING OFFICER. Without the district court’s account of the evidence cise independent judgment when First objection, it is ordered. is plausible in light of the record viewed in Amendment rights are implicated is not a li- its entirety, the court of appeals may not re- cense to reweigh the evidence de novo, or to (The foregoing tally has been verse it even though convinced that had it replace Congress’ factual predictions with changed to reflect the above order.) been sitting as the trier of fact, it would our own. Rather, it is to assure that, in for- The bill (S. 3), as amended, was have weighed the evidence differently’’ (Id. mulating its judgments, Congress has drawn passed, as follows: at 574). reasonable inferences based on substantial S. 3 (7) Thus, in Stenberg, the United States evidence.’’ (Id. at 666). Supreme Court was required to accept the (12) Three years later in Turner II, the Be it enacted by the Senate and House of Rep- very questionable findings issued by the dis- Court upheld the ‘‘must-carry’’ provisions resentatives of the United States of America in trict court judge—the effect of which was to based upon Congress’ findings, stating the Congress assembled, render null and void the reasoned factual Court’s ‘‘sole obligation is ‘to assure that, in SECTION 1. SHORT TITLE. findings and policy determinations of the formulating its judgments, Congress has This Act may be cited as the ‘‘Partial- United States Congress and at least 27 State drawn reasonable inferences based on sub- Birth Abortion Ban Act of 2003’’. legislatures. stantial evidence.’ ’’ (520 U.S. at 195). Citing SEC. 2. FINDINGS. (8) However, under well-settled Supreme its ruling in Turner I, the Court reiterated The Congress finds and declares the fol- Court jurisprudence, the United States Con- that ‘‘[w]e owe Congress’ findings deference lowing: gress is not bound to accept the same factual in part because the institution ‘is far better

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3659 equipped than the judiciary to ‘‘amass and during which a partial-birth abortion was however, that unborn infants at this stage evaluate the vast amounts of data’’ bearing necessary to preserve the health of a woman. can feel pain when subjected to painful stim- upon’ legislative questions,’’ (Id. at 195), and (E) The physician credited with developing uli and that their perception of this pain is added that it ‘‘owe[d] Congress’ findings an the partial-birth abortion procedure has tes- even more intense than that of newborn in- additional measure of deference out of re- tified that he has never encountered a situa- fants and older children when subjected to spect for its authority to exercise the legis- tion where a partial-birth abortion was the same stimuli. Thus, during a partial- lative power.’’ (Id. at 196). medically necessary to achieve the desired birth abortion procedure, the child will fully (13) There exists substantial record evi- outcome and, thus, is never medically nec- experience the pain associated with piercing dence upon which Congress has reached its essary to preserve the health of a woman. his or her skull and sucking out his or her conclusion that a ban on partial-birth abor- (F) A ban on the partial-birth abortion pro- brain. tion is not required to contain a ‘‘health’’ ex- cedure will therefore advance the health in- (N) Implicitly approving such a brutal and ception, because the facts indicate that a terests of pregnant women seeking to termi- inhumane procedure by choosing not to pro- partial-birth abortion is never necessary to nate a pregnancy. hibit it will further coarsen society to the preserve the health of a woman, poses seri- (G) In light of this overwhelming evidence, humanity of not only newborns, but all vul- ous risks to a woman’s health, and lies out- Congress and the States have a compelling nerable and innocent human life, making it side the standard of medical care. Congress interest in prohibiting partial-birth abor- increasingly difficult to protect such life. was informed by extensive hearings held dur- tions. In addition to promoting maternal Thus, Congress has a compelling interest in ing the 104th, 105th, and 107th Congresses and health, such a prohibition will draw a bright acting—indeed it must act—to prohibit this line that clearly distinguishes abortion and passed a ban on partial-birth abortion in the inhumane procedure. infanticide, that preserves the integrity of 104th, 105th, and 106th Congresses. These (O) For these reasons, Congress finds that the medical profession, and promotes respect findings reflect the very informed judgment partial-birth abortion is never medically infor human life. of the Congress that a partial-birth abortion dicated to preserve the health of the mother; (H) Based upon Roe v. Wade (410 U.S. 113 is never necessary to preserve the health of is in fact unrecognized as a valid abortion (1973)) and Planned Parenthood v. Casey (505 a woman, poses serious risks to a woman’s procedure by the mainstream medical com- U.S. 833 (1992)), a governmental interest in health, and lies outside the standard of med- munity; poses additional health risks to the protecting the life of a child during the de- mother; blurs the line between abortion and ical care, and should, therefore, be banned. livery process arises by virtue of the fact (14) Pursuant to the testimony received infanticide in the killing of a partially-born that during a partial-birth abortion, labor is child just inches from birth; and confuses the during extensive legislative hearings during induced and the birth process has begun. the 104th, 105th, and 107th Congresses, Con- role of the physician in childbirth and This distinction was recognized in Roe when should, therefore, be banned. gress finds and declares that: the Court noted, without comment, that the SEC. 3. PROHIBITION ON PARTIAL-BIRTH ABOR- (A) Partial-birth abortion poses serious Texas parturition statute, which prohibited risks to the health of a woman undergoing TIONS. one from killing a child ‘‘in a state of being (a) IN GENERAL.—Title 18, United States the procedure. Those risks include, among born and before actual birth,’’ was not under other things: an increase in a woman’s risk Code, is amended by inserting after chapter attack. This interest becomes compelling as 73 the following: of suffering from cervical incompetence, a the child emerges from the maternal body. A result of cervical dilation making it difficult child that is completely born is a full, legal ‘‘CHAPTER 74—PARTIAL-BIRTH or impossible for a woman to successfully person entitled to constitutional protections ABORTIONS carry a subsequent pregnancy to term; an in- afforded a ‘‘person’’ under the United States ‘‘Sec. creased risk of uterine rupture, abruption, Constitution. Partial-birth abortions involve ‘‘1531. Partial-birth abortions prohibited. amniotic fluid embolus, and trauma to the the killing of a child that is in the process, ‘‘§ 1531. Partial-birth abortions prohibited uterus as a result of converting the child to in fact mere inches away from, becoming a ‘‘(a) Any physician who, in or affecting a footling breech position, a procedure ‘‘person’’. Thus, the government has a interstate or foreign commerce, knowingly which, according to a leading obstetrics text- heightened interest in protecting the life of performs a partial-birth abortion and there- book, ‘‘there are very few, if any, indications the partially-born child. by kills a human fetus shall be fined under for...other than for delivery of a second (I) This, too, has not gone unnoticed in the this title or imprisoned not more than 2 twin’’; and a risk of lacerations and sec- medical community, where a prominent years, or both. This subsection does not ondary hemorrhaging due to the doctor medical association has recognized that par- apply to a partial-birth abortion that is nec- blindly forcing a sharp instrument into the tial-birth abortions are ‘‘ethically different essary to save the life of a mother whose life base of the unborn child’s skull while he or from other destructive abortion techniques is endangered by a physical disorder, phys- she is lodged in the birth canal, an act which because the fetus, normally twenty weeks or ical illness, or physical injury, including a could result in severe bleeding, brings with it longer in gestation, is killed outside of the life-endangering physical condition caused the threat of shock, and could ultimately re- womb’’. According to this medical associa- by or arising from the pregnancy itself. This sult in maternal death. tion, the ‘‘ ‘partial birth’ gives the fetus an subsection takes effect 1 day after the date (B) There is no credible medical evidence autonomy which separates it from the right of enactment of this chapter. that partial-birth abortions are safe or are of the woman to choose treatments for her ‘‘(b) As used in this section— safer than other abortion procedures. No own body’’. ‘‘(1) the term ‘partial-birth abortion’ controlled studies of partial-birth abortions (J) Partial-birth abortion also confuses the means an abortion in which— have been conducted nor have any compara- medical, legal, and ethical duties of physi- ‘‘(A) the person performing the abortion tive studies been conducted to demonstrate cians to preserve and promote life, as the deliberately and intentionally vaginally de- its safety and efficacy compared to other physician acts directly against the physical livers a living fetus until, in the case of a abortion methods. Furthermore, there have life of a child, whom he or she had just deliv- head-first presentation, the entire fetal head been no articles published in peer-reviewed ered, all but the head, out of the womb, in is outside the body of the mother, or, in the journals that establish that partial-birth order to end that life. Partial-birth abortion case of breech presentation, any part of the abortions are superior in any way to estab- thus appropriates the terminology and tech- fetal trunk past the navel is outside the body lished abortion procedures. Indeed, unlike niques used by obstetricians in the delivery of the mother for the purpose of performing other more commonly used abortion proce- of living children—obstetricians who pre- an overt act that the person knows will kill dures, there are currently no medical schools serve and protect the life of the mother and the partially delivered living fetus; and that provide instruction on abortions that the child—and instead uses those techniques ‘‘(B) performs the overt act, other than include the instruction in partial-birth abor- to end the life of the partially-born child. completion of delivery, that kills the par- tions in their curriculum. (K) Thus, by aborting a child in the man- tially delivered living fetus; and (C) A prominent medical association has ner that purposefully seeks to kill the child ‘‘(2) the term ‘physician’ means a doctor of concluded that partial-birth abortion is ‘‘not after he or she has begun the process of medicine or osteopathy legally authorized to an accepted medical practice,’’ that it has birth, partial-birth abortion undermines the practice medicine and surgery by the State ‘‘never been subject to even a minimal public’s perception of the appropriate role of in which the doctor performs such activity, amount of the normal medical practice de- a physician during the delivery process, and or any other individual legally authorized by velopment,’’ that ‘‘the relative advantages perverts a process during which life is the State to perform abortions: Provided, and disadvantages of the procedure in spe- brought into the world, in order to destroy a however, That any individual who is not a cific circumstances remain unknown,’’ and partially-born child. physician or not otherwise legally author- that ‘‘there is no consensus among obstetri- (L) The gruesome and inhumane nature of ized by the State to perform abortions, but cians about its use’’. The association has fur- the partial-birth abortion procedure and its who nevertheless directly performs a partial- ther noted that partial-birth abortion is disturbing similarity to the killing of a new- birth abortion, shall be subject to the provi- broadly disfavored by both medical experts born infant promotes a complete disregard sions of this section. and the public, is ‘‘ethically wrong,’’ and ‘‘is for infant human life that can only be coun- ‘‘(c)(1) The father, if married to the mother never the only appropriate procedure’’. tered by a prohibition of the procedure. at the time she receives a partial-birth abor- (D) Neither the plaintiff in Stenberg v. (M) The vast majority of babies killed dur- tion procedure, and if the mother has not at- Carhart, nor the experts who testified on his ing partial-birth abortions are alive until the tained the age of 18 years at the time of the behalf, have identified a single circumstance end of the procedure. It is a medical fact, abortion, the maternal grandparents of the

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3660 CONGRESSIONAL RECORD — SENATE March 13, 2003 fetus, may in a civil action obtain appro- Basic human decency has prevailed. I This debate is a difficult one, and I priate relief, unless the pregnancy resulted pray that never again will it be legal in commend those on both sides of the from the plaintiff’s criminal conduct or the this country to perform this barbaric issue who have given their time on the plaintiff consented to the abortion. procedure. Unfortunately, I am sure floor to express their very deeply held ‘‘(2) Such relief shall include— ‘‘(A) money damages for all injuries, psy- that opponents of this measure will views on this matter. While the debate chological and physical, occasioned by the seek to challenge the law in court— has had some unfortunate low points, violation of this section; and where I hope good judgment will ulti- it has also had some very high ones. ‘‘(B) statutory damages equal to three mately prevail. Even in Stenberg v. In particular, I commend those on times the cost of the partial-birth abortion. Carhart the Supreme Court confirmed, the Democratic side Senators BOXER, ‘‘(d)(1) A defendant accused of an offense and I quote, ‘‘By no means must physi- MURRAY, DURBIN, HARKIN, and FEIN- under this section may seek a hearing before cians [be granted] ‘unfettered discre- STEIN—who have helped manage the the State Medical Board on whether the phy- floor this week. Each of them has sician’s conduct was necessary to save the tion’ in their selection of abortion life of the mother whose life was endangered methods.’’ worked diligently to ensure these dif- by a physical disorder, physical illness, or There are those who consider every ficult issues were given the honest, physical injury, including a life-endangering type of abortion sacrosanct and will constructive attention they deserve. I physical condition caused by or arising from oppose any effort to apply common- know very well how thankless that job the pregnancy itself. sense reasoning to the debate. I don’t can be, and I am grateful for their ef- ‘‘(2) The findings on that issue are admis- know how to get through to these peo- forts. sible on that issue at the trial of the defend- ple, except by forcing them to witness I am personally opposed to abortion, ant. Upon a motion of the defendant, the and I oppose Federal funding of abor- court shall delay the beginning of the trial this barbaric procedure. A baby is al- for not more than 30 days to permit such a most fully delivered with only her head tion except in cases of rape, incest, or hearing to take place. remaining inside the birth canal when medical necessity. Far too many abor- ‘‘(e) A woman upon whom a partial-birth the doctor stabs scissors into the base tions are performed in this country, abortion is performed may not be prosecuted of her skull to open a hole through and I want to do everything reasonable under this section, for a conspiracy to vio- which he then sucks out her brain and to discourage abortion. late this section, or for an offense under sec- collapses her skull. I honestly don’t That is why I support efforts to fa- tion 2, 3, or 4 of this title based on a viola- know how anyone can avoid being cilitate and promote adoption as an al- tion of this section.’’. ternative to abortion, and that is why (b) CLERICAL AMENDMENT.—The table of truly sickened when they see a baby chapters for part I of title 18, United States being killed in this gruesome manner. I support voluntary family planning, Code, is amended by inserting after the item It is not done on a mass of tissue but to including improved access to contra- relating to chapter 73 the following new a living baby capable of feeling pain ception and research on improved con- item: and, at the time this procedure is typi- traceptive options for both men and ‘‘74. Partial-birth abortions ...... 1531’’. cally performed, capable of living out- women. That is why I supported Sen- SEC. 4. SENSE OF THE SENATE CONCERNING ROE side of the womb. ator MURRAY’s amendment. V. WADE. All this bill would do is ban this one Every abortion is a tragedy. But I (a) FINDINGS.—The Senate finds that— procedure. We are not talking about recognize that there are extraordinary (1) abortion has been a legal and constitu- the entire framework of abortion medical circumstances that make tionally protected medical procedure abortion necessary to save the moth- throughout the United States since the Su- rights here, but just one procedure. preme Court decision in Roe v. Wade (410 The fact is that there is no medical er’s life or prevent grave harm to her U.S. 113 (1973)); and need to allow this type of procedure. It health. (2) the 1973 Supreme Court decision in Roe is never medically necessary, it is I also recognize and respect the Su- v. Wade established constitutionally based never the safest procedure available, preme Court’s clear message on abor- limits on the power of States to restrict the and it is morally reprehensible and un- tion stated first in the landmark Roe v. right of a woman to choose to terminate a conscionable. Wade decision and later in Planned pregnancy. In recent years, we have heard about Parenthood v. Casey. (b) SENSE OF THE SENATE.—It is the sense teenaged girls giving birth and then The Court consistently upheld two of the Senate that— basic tenets. First, before the stage of (1) the decision of the Supreme Court in dumping their newborns into trash Roe v. Wade (410 U.S. 113 (1973)) was appro- cans. One young woman was criminally fetal viability—when the fetus is capa- priate and secures an important constitu- charged after giving birth to a child in ble of living outside the womb with or tional right; and a bathroom stall during her prom, and without life support—a woman has a (2) such decision should not be overturned. then strangling and suffocating her constitutional right to choose whether Mr. SANTORUM. I move to recon- child before leaving the body in the or not to terminate her pregnancy. sider the vote. trash. Tragically, there have been sev- Second, a woman’s health must be pro- Mr. ROBERTS. I move to lay that eral similar incidents around the coun- tected throughout her pregnancy. motion on the table. try in the past few years. The Court has not, as the junior Sen- The motion to lay on the table was This is what happens, when we con- ator from Pennsylvania has wrongly agreed to. tinue to devalue human life. suggested, endorsed ‘‘abortion any- Mr. HATCH. Madam President, I rise William Raspberry argued in a col- where at any time.’’ In Casey, the today to applaud this body for passing umn in the Washington Post several Court clearly drew a distinction be- S. 3, the Partial-Birth Abortion Ban years ago that ‘‘only a short distance tween abortions performed before fetal Act of 2003. I know the people of my [exists] between what [these teenagers] viability and those performed after via- home State of Utah share my senti- have been sentenced for doing and what bility, clearly allowing the Govern- ments because they recognize, as I do, doctors get paid to do.’’ How right he ment to restrict abortion after fetal vi- that the practice of partial-birth abor- is. ability. tion is immoral, offensive and impos- When you think about it, it’s incred- While I am deeply troubled by the sible to justify. This procedure is so ible that there is a mere 3 inches sepa- procedure described in S. 3, and voted heinous that even many that consider rating a partial-birth abortion from again to ban it, I have real concerns themselves pro-choice cannot defend it. murder. that S. 3 is not the most effective While we have passed a similar meas- Partial-birth abortion simply has no means of limiting the late-term abor- ure before, it was never certain to be place in our society and rightly should tions the bill’s sponsors claim to tar- signed into law. Today it is. It saddens be banned. President Bush has de- get. me that this legislation was even nec- scribed partial-birth abortion as ‘‘an Like many of my colleagues, I would essary, and even more that it took 7 abhorrent procedure that offends prefer to ban all post-viability abor- years to achieve. I thank the Senator human dignity.’’ I wholeheartedly tions, regardless of the procedure used. from Pennsylvania for his outstanding agree. In 1997, in an effort to find a constitu- leadership in bringing this about. I Mr. DASCHLE. Madam President, tional compromise that would actually hope he knows he has my admiration few issues divide our country more stop far more abortions than the bill and respect. markedly than the issue of abortion. we have been debating today, I offered

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3661 a broader ban much like the one of- If the sponsors of S. 3 are wrong, then So what should Congress do? Pass a fered by the Senator from Illinois yes- this week’s exercise will serve only to late term abortion ban that the Su- terday. delay meaningful progress toward re- preme Court will uphold; increase fund- The Durbin amendment, like the ear- strictions on not only this procedure, ing for family planning and abstinence- lier Daschle amendment, banned all but all post-viability abortions. It will only education and mandate insurance post-viability abortions, allowing an also fuel the unnecessary bitterness coverage for contraception. All of these exception only if an abortion is abso- surrounding this debate. fall within the rules under Roe v. lutely necessary to protect the mother. At this point, it is my hope that this Wade—that established a woman’s fun- An ironic fact that the sponsors of S. Senate bill will go quickly to the damental right to choose. 3 don’t readily acknowledge is that, if President so that the Supreme Court Mr. DODD. Mr. President, the Senate their statements are accurate, S. 3 will can rule on it. If the Court strikes it had an opportunity this week to find not stop a single abortion. In contrast, down, then I hope people on both sides common ground on an issue that has the Durbin amendment would stop all of this issue will be willing to work to- too often been an ideological battle- post-viability abortions except those gether to stop all post-viability abor- ground: abortion. that are absolutely medically nec- tions except those that are absolutely As the Senate debated the partial essary. This may seem counterintui- necessary to protect a woman’s life and Birth Abortion Ban Act of 2003, I co- tive, so let me explain why this is true. health. sponsored a bipartisan amendment au- The sponsors of S. 3 answer the Su- Finally, I want to say a few words thored by Senator Durbin that could preme Court’s concern that their legis- about the women whose lives are im- have actually reduced the number of lation is too vague to meet constitu- pacted by our actions this week. One of abortions in our country while at the tional muster by claiming that their the saddest aspects of this debate is the same time protecting a woman’s life, legislation bans only one procedure and suggestion that countless women, for health, and her constitutional right to that it is clearly defined. They also frivolous reasons, are choosing unnec- choose. While the amendment was de- claim that the ban does not restrict a essary abortions in the last few weeks feated, I remain hopeful that it will ul- woman’s Court-affirmed right to of their pregnancies. That just isn’t timately prevail someday as the most choose because all other abortion pro- true. sound and moderate approach to ad- Anyone willing to listen has heard cedures are allowed under S. 3. Finally, dressing the troubling issue of late- the tragic stories of women and fami- they claim their legislation avoids the term abortions. lies who have had to terminate their Court’s concerns about protecting the The Durbin amendment struck a rea- pregnancies either because their own life and health of the mother because sonable middle-ground approach on an health was threatened, or their child the procedure described in their legis- issue that has frequently been domi- was the victim of severe fetal anoma- lation is never necessary to protect the nated by the extremes. There are those lies often inconsistent with life outside mother; thus, other available proce- who would universally ban all abor- the womb. These are not unwanted dures could be employed interchange- tions. Others would universally allow pregnancies, and these are not abor- ably. all abortions. I respect the views of the If all those statements are true and I tions of convenience. people in each camp, but I disagree confess I am not confident that they Regardless of one’s ultimate decision with them both. are—then S. 3 will not stop a single on this legislation, I hope that in the Abortions ought to be legal, safe, and abortion; it will merely cause women future the Senate will show greater re- rare. That is my fundamental view, and and doctors to choose a different abor- spect for these women and the tragic it’s the view that the Supreme Court tion procedure. While I am deeply dis- circumstances they have faced. As they has affirmed and reaffirmed for the turbed by this procedure, I oppose any have so poignantly said, you or some- past three decades since its decision in unnecessary abortion once a fetus be- one you love could face similar cir- Roe vs. Wade. Abortions have never comes viable. cumstances, and you would deserve If our true desire is to protect viable better than these women and their been—and should not be— available at fetuses whenever possible, I think we families have gotten. any time for any reason. As Roe held, can do better than S. 3. Mr. HARKIN. Madam President, I once a fetus achieves the point of via- An across-the-board ban on all post- wanted to discuss my votes on S. 3 and bility, abortions may be regulated, but viability procedures with a constitu- its amendments. I have long supported States must allow abortions to pre- tional life and health exception is the a ban on late term abortions. However, serve a woman’s life or health. only way to achieve that broader goal, S. 3 would not do that because it would Forty-one States have already en- and I deeply regret that the Senate has be struck down by the U.S. Supreme shrined this standard, or one like it, yet again failed to do so. It is a prin- Court because it does not contain a into their State statutes. The Durbin ciple that would win the support of the health exception. Both in 1973 and in amendment would have written it into American people and the Supreme 2001, the Supreme Court ruled that a Federal law. It would have respected a Court, and it would actually reduce the government may regulate late term woman’s constitutional right to choose number of abortions in this country. abortions with an exception to both while appropriately curbing choice Yesterday’s outcome is one I will never life and health of the woman. The after the point of viability where abor- understand. Court specifically ruled in the 2001 de- tions are only necessary to preserve a There is yet another reason S. 3 may cision in Carhart—that Nebraska’s law woman’s life or health. fail to meet its objective. The Supreme was too vague and did not contain the This proposal was reasonable, it was Court has struck down what many ex- required health exception. Therefore, I constitutional and sensitive to the perts claim is a ‘‘legally identical’’ bill, supported the amendments offered by wrenching circumstances that families the Nebraska law banning this proce- Senator FEINSTEIN and Senator DURBIN typically face when they must con- dure. In previous Congresses, I have ex- to ban late term abortions because template a late-term abortion. Unfor- pressed my concern that this legisla- they both contained the requisite tunately, it was adamantly opposed by tion may not withstand an inevitable health exceptions, and which I believe those seeking a ban on so-called par- constitutional challenge. the Supreme Court would uphold. tial-birth abortions. Their proposal had Now that the Court has ruled in the I am also pleased the Senate passed two serious flaws that made it impos- Nebraska case, that concern is even my amendment, 52 to 46, affirming Roe sible for me to support. greater. But the sponsors of this bill v. Wade. A woman’s constitutional First, the ban on partial-birth abor- have chosen to take that gamble, right to make a private decision in tions bans just one medical procedure. claiming their ‘‘20 word changes’’ have these matters is no more negotiable It will not stop all late-term abortions resolved the constitutional concerns. than the freedom to speak or the free- from being performed, because an al- Those 20 words, by the way, are alleg- dom to worship. As a father, I have ternative procedure might be found. edly powerful enough to change the struggled with this issue. However, I do The Durbin amendment, on the other outcome in the Supreme Court, but not not believe that it is appropriate to in- hand, would have limited all constitu- significant enough to merit a hearing sist that my personal views be the law tionally-unprotected abortions without in the Judiciary Committee. of the land. regard to a specific procedure. Why?

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3662 CONGRESSIONAL RECORD — SENATE March 13, 2003 Because the wisdom of using a given an emergency, the two physicians—to The PRESIDING OFFICER. Is there a medical procedure is best left with include her attending physician and an sufficient second? medical professionals. We are legisla- independent non-treating physician— There appears to be a sufficient sectors, not doctors. would have been required to certify in ond. Second, the partial-birth ban con- writing that in their medical judgment The question is, Will the Senate ad- tained in this legislation will not pro- continuation of the pregnancy would vise and consent to the nomination of tect a woman’s health. The few women threaten the mother’s life or risk Thomas A. Varlan, of Tennessee, to be who might require this procedure to grievous injury to her physical health. United States District Judge for the protect their health from severe injury Grievous injury was carefully defined Eastern District of Tennessee? will be completely barred from receiv- as a severely debilitating disease or The clerk will call the roll. ing it. A pregnancy gone awry is a impairment specifically caused or ex- The assistant legislative clerk called tragedy. The partial-birth abortion ban acerbated by the pregnancy, or an in- the roll. will only compound that tragedy by ability to provide necessary treatment Mr. REID. I announce that the Sen- forcing a woman to forego a safer pro- for a life-threatening condition. ator from Delaware (Mr. BIDEN), the cedure. I want to emphasize that if we are se- Senator from North Carolina (Mr. The partial-birth abortion ban, as its rious about ending the practice of late- EDWARDS), and the Senator from Mas- supporters readily admit, is intended term abortions then we must pass a sachusetts (Mr. KERRY) are necessarily not to find common ground and reduce law that will be upheld by our courts. absent. unnecessary abortions, but to lead to a The U.S. Supreme Court has been quite I further announce that, if present ban of any and all abortions in Amer- clear that to be deemed constitutional, and voting, the Senator from North ica—regardless of whether they are any law banning late-term abortions Carolina (Mr. EDWARDS) and the Sen- needed to protect a woman’s life and must be narrowly focused and must in- ator from Massachusetts (Mr. KERRY) health. I find this argument simply un- clude an exception for the health of the would each vote ‘‘aye’’. acceptable and blatantly unconstitu- mother. Several previous bans ignored The PRESIDING OFFICER. Are there tional in light of Roe vs. Wade. There- these tests and were struck down, and any other Senators in the Chamber de- fore, it is for this reason and the rea- consequently there has been no end to siring to vote? sons stated above that I voted against this troubling practice. Senator The result was announced—yeas 97, final passage of the Partial Birth Abor- SANTORUM’s bill does not adequately nays 0, as follows: tion Ban Act of 2003. meet the Court’s requirements for con- [Rollcall Vote No. 52 Ex.] While the Durbin amendment would stitutionality and will almost surely YEAS—97 meet the same fate. not have ended the national debate Akaka Dole Lugar over abortion, it respected the deeply The Durbin amendment, on the other Alexander Domenici McCain held views of people on both sides of hand, was a clear and comprehensive Allard Dorgan McConnell this issue. It offered the Senate and our ban that does comply with the con- Allen Durbin Mikulski stitutionality tests set forth by the Baucus Ensign Miller country an opportunity—not to debate Bayh Enzi U.S. Supreme Court. It would have Murkowski our differences, but to affirm our simi- Bennett Feingold Murray larities. It would have allowed us to ended the practice of late-term abor- Bingaman Feinstein Nelson (FL) Bond Fitzgerald tions, with a narrow exception for pro- Nelson (NE) come together in a bipartisan fashion, Boxer Frist tecting a woman from grievous injury Nickles pro-life and pro-choice—and offer Breaux Graham (FL) to her life or health. In those rare and Brownback Graham (SC) Pryor something that would have reduced the Reed number of abortions while preserving a extraordinarily difficult situations, the Bunning Grassley Durbin amendment would have ensured Burns Gregg Reid woman’s life, health and constitutional Byrd Hagel Roberts freedom. that a woman—not by the dictates of Campbell Harkin Rockefeller Mr. ROCKEFELLER. Mr. President, I the Congress, but with the private Cantwell Hatch Santorum counsel of her family, her doctors, and Carper Hollings Sarbanes want to talk about the debate in the Chafee Hutchison Schumer Senate this week regarding late-term her clergy—makes the final decision. I deeply regret that a majority of my Chambliss Inhofe Sessions abortion. I am a strong opponent of Clinton Inouye Shelby late-term abortions, and I know many Senate colleagues did not recognize the Cochran Jeffords Smith Durbin amendment was a more effec- Coleman Johnson Snowe Americans find them as deeply trou- Collins Kennedy tive ban than Senator SANTORUM’s pro- Specter bling as I do. Conrad Kohl posal. I continue to hope that in the Stabenow As I have done in the past, I voted Cornyn Kyl Stevens Corzine this week to support a comprehensive end we will find a way to enact a com- Landrieu Sununu Craig Lautenberg prehensive ban on late-term abortions Talent ban on late-term abortions. The com- Crapo Leahy Thomas prehensive ban I supported—offered as that meets the demands of the U.S. Su- Daschle Levin Voinovich an amendment by Senator DURBIN preme Court and Constitution by pro- Dayton Lieberman tecting the life and physical health of DeWine Lincoln Warner would have put an end to all late-term Dodd Lott Wyden post-viability abortions, unlike Sen- the mother in extreme situations. NOT VOTING—3 ator SANTORUM’s proposal, including f Biden Edwards Kerry but not limited to those performed EXECUTIVE SESSION using the procedure known as ‘‘partial The nomination was confirmed. birth.’’ The Durbin ban also would have Mr. HATCH. Madam President, I am included a very narrow exception for NOMINATION OF THOMAS A. pleased the Senate has confirmed the rare case when a woman’s life or VARLAN, OF TENNESSEE, TO BE Thomas Varlan for the United States health is threatened by a troubled UNITED STATES DISTRICT District Court for the Eastern District pregnancy, as required by the United JUDGE FOR THE EASTERN DIS- of Tennessee. Mr. Varlan’s distin- States Supreme Court and the Con- TRICT OF TENNESSEE guished record of service in both the stitution. The PRESIDING OFFICER. Under private and public sectors makes him a I want to end unnecessary late-term the previous order, the Senate will now great addition to the Federal bench. abortions, and I also agree with the Su- go into executive session and proceed Mr. Varlan graduated Order of the preme Court that it is not right for a to vote on Executive Calendar No. 53, Coif from Vanderbilt University School woman who faces grievous injury, or which the clerk will report. of Law, where he served as managing even death, to have no protection The legislative clerk read the nomi- editor for the Vanderbilt Law Review. under the law. In those rare cases of a nation of Thomas A. Varlan, of Ten- In his 11 years in private practice, Mr. serious threat to a woman’s life or nessee, to be United States District Varlan has focused on governmental health, the Durbin amendment would Judge for the Eastern District of Ten- relations, civil litigation, labor and have allowed the woman, her family nessee. employment law, and representation of and no less than two physicians to pur- Mr. HATCH. Madam President, I ask quasi-governmental corporations and sue the best medical options. Except in for the yeas and nays. schools.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3663 Mr. Varlan’s impressive accomplish- CASTING OF 10,000TH VOTE I will take a moment, if I may, to ments include serving as law director Mr. FRIST. Madam President, I wish thank some other people, people of In- for the city of Knoxville for a decade. to announce to my colleagues that a diana, who made it possible for me to In that capacity, he headed a depart- truly impressive milestone was just be in the Senate to cast the 10,000 ment of 25 employees who represented reached with this last vote. Senator votes, those who gave me their con- the city in a variety of cases and pro- LUGAR, on this vote just announced a fidence, their support, and their pray- vided legal advice to city officials. few moments ago, cast his 10,000th vote ers throughout the years. Mr. Varlan’s wealth of experience has as a U.S. Senator. That is a feat ac- I especially thank the Lord above for made him an excellent nominee who is complished by just 21 other Senators in giving me good health throughout that well prepared to handle the rigors of the history of this institution, the Sen- period of time and who made it possible the Federal bench. Clearly, Mr. Varlan ate. to do this. is the right choice to be a judge in the Senator LUGAR’s vote places him in I must pay tribute, as we all are Eastern District of Tennessee. I am the company of a distinguished list of doing today, to Lloyd Ogilvie whose pleased my colleagues joined me in Members which includes eight current personal counsel and support to me and voting to confirm him. Senators: Senators BIDEN, BYRD, my family during the past 8 years has Mr. FRIST. Mr. President, I am in DOMENICI, HOLLINGS, INOUYE, KENNEDY, meant so much. strong support for the confirmation of LEAHY, and STEVENS. Of course, behind all of this is the Thomas Varlan to be a United States Most importantly, Senator LUGAR’s confidence and love of my wife District Judge for the Eastern District achievement is a testament of his tre- Charlene, our boys, and their wives, of Tennessee. mendous service, not only to his home who have really sustained me, who said Tom grew up in Knoxville, TN as a State of Indiana but to the United this is something we ought to be doing, second-generation Greek-American. States of America. a commitment of our time and our His parents, Alexander and Constance I ask all of my colleagues to join me lives in a way that has been exciting Varlan, instilled in their son the time- in congratulating Senator LUGAR for for me and I hope for them. honored ideals of commitment to hard his important milestone. My staff has made it possible for me work, involvement in the community, (Applause.) to get to the Chamber for all of these and love for country. The PRESIDING OFFICER. The votes. Wherever we are in the country, He put those ideals to work in his Democratic leader. in Washington or at the airport, each Mr. DASCHLE. Madam President, I studies of Political Science and Eco- one of us is indebted to staff who tell join the distinguished Republican lead- nomics at the University of Tennessee us when the votes are going to occur er in expressing my heartfelt congratu- and give us some reasonable idea about in Knoxville, and at Vanderbilt Univer- lations to the senior Senator from Indi- sity’s School of Law, where he was the what is being voted on. I pay tribute to ana, our colleague, DICK LUGAR. each one of those persons. managing editor of the Vanderbilt Law He was sworn in on January 3, 1977. Review. From there, Tom practiced law I pay tribute to colleagues who have Over the course of these 10,000 votes sustained me each day with their loyal in Atlanta from 1981 to 1987. In 1988, cast, he has served as the chairman of friendship, likewise the sheer vigor of Tom began ten years of service as Law the Senate Agriculture Committee and the experience. I feel each day it is an Director for the City of Knoxville now serves as the chairman, as we all adventure, and I am sure that is shared where he was responsible for a wide know, of the Foreign Relations Com- by each of the colleagues who are range of legal issues. In this role, Tom mittee. demonstrated his keen legal mind and With those 10,000 votes, he has made present today. I want to mention specifically Sen- temperament suited to judicial office. a major impact on American history. I Tom’s current position as a partner would be willing to bet that for every ator ROBERT BYRD, who was the major- at Bass, Berry and Sims has enhanced vote he has cast, he has made at least ity leader when I first came. One of the his solid background in the law. Tom one more friend over all of these years. reasons my vote total escalated so rap- Varlan is a skilled attorney who is He may be a Republican and I may be idly was that in 1977 I think Senator known for his fairness, integrity and a Democrat, but I have never been so BYRD created an all-time record of roll- dedication to the law. appreciative of a relationship as a Sen- call votes. I am certain he will remem- Tom has worn many hats in his pro- ator as I have with Senator LUGAR. He ber exactly how many, but I recall fessional life, but he has never wavered has many more than 10,000 friends there were at least 650, which was a from the ideals that he grew up with. since he came to the Senate in 1977. So substantial amount for a freshman In fact, his nomination fulfills not only we congratulate him. We tell him of his Senator to start out with. So we have the dreams of his first-generation great service to this country and our had some money in the bank ever American parents, I believe it epito- appreciation for that service. We hope since, thanks to Senator BYRD. mizes the American dream as well. that there will be many thousands Finally, I want to thank the pages. I am convinced that Mr. Varlan will more. They have played a very special role in make an ideal judge, and he has my I yield the floor. these votes because, as some of my col- highest recommendation and unquali- The PRESIDING OFFICER. The Sen- leagues know, occasionally I go run- fied support. I urge my colleagues to ator from Nebraska. ning out on The Mall. On several occa- vote for his confirmation. Mr. HAGEL. Madam President, I con- sions I have been caught as far away as The PRESIDING OFFICER. Under gratulate our dear colleague, Senator 14th Street or the Washington Monu- the previous order, the President will DICK LUGAR from Indiana, for his re- ment when the beeper went off. I had be notified of the Senate’s action. markable service to our country in to run swiftly. Fortunately, my pace is many ways, not just through his lead- sufficient to get the mile and a half f ership and years and votes in the Sen- back to the Capitol during the time of ate; prior to his time in the Senate, his the vote to scramble up the back LEGISLATIVE SESSION service to our country in the U.S. Navy stairs, but in a disheveled condition I The PRESIDING OFFICER. Under and all the other contributions he has have prevailed upon the pages to crack the previous order, the Senate will now made. It is a remarkable morning for open the door, and the reading clerk return to legislative session. our country to recognize this remark- has been kind enough to read my name able individual. so that I can peak through and keep f The PRESIDING OFFICER. The Sen- this voting record alive. ator from Indiana. So I thank all of you. I appreciate MORNING BUSINESS Mr. LUGAR. Madam President, I am very much this moment today. The PRESIDING OFFICER. Under overwhelmed by the thoughtfulness The PRESIDING OFFICER. The as- the previous order, the Senate will now and graciousness of both leaders, my sistant minority leader. proceed to a period for the transaction friends BILL FRIST and TOM DASCHLE. I Mr. REID. Madam President, while of morning business. thank both of them for those very won- the two leaders are in the Chamber, it The Senator from Illinois. derful comments. is my understanding that the leaders

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3664 CONGRESSIONAL RECORD — SENATE March 13, 2003 are going to provide an opportunity for I will describe what is happening in out-migration areas. Investment tax people who wish to give statements re- the heartland of America with this credits. Micro-enterprise tax credits. garding Pastor Ogilvie—that the chair- chart. The red on this chart shows the Accelerated depreciation. man of the Appropriations Committee rural counties across America that Finally, a new homestead venture is going to put that in booklet form. So have experienced greater than 10-per- capital fund will help ensure that en- is it fair to announce to everyone that cent net out-migration over the last 20 trepreneurs and companies in these they need not come now to give speech- years. There is a relentless engine of areas get the capital they need to start es regarding Pastor Ogilvie, that they depopulation in the heartland of our and grow their businesses. will have an opportunity to give a country. It is from North Dakota to We can do one of two things with re- speech later or insert something in the Texas in an eggshell shaped form. spect to this problem in the heartland RECORD so Dr. Ogilvie will have all of My home county is right in the of America. We can sit here and gnash these in one book? southwestern corner of North Dakota. our teeth and wring our hands and say, Mr. FRIST. Madam President, that is It is slightly larger than the State of this is awful. We can watch this de- correct. There has been an outpouring Rhode Island. When I left it, there were population continue for the next 20 or of feeling for our Chaplain on this very 5,000 citizens living in that wonderful 50 years, and lose a significant and im- special day, 8 years after he first gave county. Now there are 2,700 citizens, portant part of our country’s economy, a prayer in this Chamber. With that and the demographers say by the year or we can decide we are not going to let outpouring of respect, people will be 2020 it will have 1,800 citizens. Trying this happen, we are not going to be the given the opportunity to provide their to do business in that county and so frog in the pan of water on the stove written statements. Of course, they are many others in the heartland is like only to find at this time it is too late welcome to come and make state- doing business in a deep recession. to get out. ments, but we are encouraging people Nearly a century and a half after we That is what this is all about. I am to make their written statements part populated the heartland of America by proud to work with my colleagues, Re- of a permanent book that we will be something called the Homestead Act, publicans and Democrats alike, to offer giving him. We will have morning busi- which said, move here, become a part this legislation. Mr. HAGEL. Madam President, I rise ness and people can come to the Cham- of this land, and we will give you the this morning to join my friend and col- ber. There will be other morning busi- land, we are seeing this relentless de- league from North Dakota, Senator ness conducted as well, but most of the population. In these areas, we have DORGAN, in introducing the new Home- tributes will be going into written communities that are wonderful places stead Act. We have heard from Senator form, and we encourage people to do in which to live. In fact, people aspire DORGAN as to why many believe this just that. to recreate what we have in other parts issue, this challenge, needs attention. The PRESIDING OFFICER. Under of the country—strong schools, a great the previous order, the first 20 minutes He laid some of those reasons out rath- place to raise kids, safe streets, and er clearly. shall be equally divided between the wonderful communities. Yet, these Senator from Nebraska and the Sen- Senator DORGAN and I and others in- rural areas are being ravaged by the troduced this legislation last year. The ator from North Dakota, with the rest out-migration of people. It is ruining of the time until 11:30 a.m. to be equal- intent of this legislation is simple. It their economy. ly divided between the two leaders or aims to help reverse the trend of popu- The question is: Should we care? Do lation decline in rural areas and pro- their designees. we care? Well, when our cities were de- The Senator from North Dakota. vide growth and opportunities in rural Mr. DORGAN. Madam President, I caying and America’s cities were in America. Many communities in rural ask unanimous consent that during the trouble, as a national policy we rushed America have not shared in the boom 20 minutes I be notified when I have to say, let’s save America’s cities with that has brought great prosperity to consumed 5, after which the Senator the Model Cities Program, an urban re- urban America. Instead, this out-mi- from Nebraska will be recognized for 5 newal program. We pumped significant gration of individuals and resources is minutes, following which the Senator resources into those cities to save taking a high toll on rural America. from South Dakota, Mr. JOHNSON, for 5 them. Over the last 50 years, nonmetropolitan minutes, following that Senator The question now is: Will we save the counties in the Nation lost more than heartland in our country? Does it mat- BROWNBACK from Kansas for 5 minutes. a third of their population, about 34 The PRESIDING OFFICER. Without ter? S. 602, bipartisan legislation called percent. Contrast this with the fact objection, it is so ordered. the New Homestead Act, says it mat- that during the same period the num- ters. f ber of people living in metropolitan What the heartland contributes to areas grew by over 150 percent. THE NEW HOMESTEAD ACT America is very important. We need to Today, Nebraska is one of the States Mr. DORGAN. Madam President, at a give people the tools to help rebuild hardest hit by out-migration. Of 93 time when there is so much discussion their economies in the heartland. That counties in Nebraska, 56 have lost at about partisanship, let me describe legis what our legislation does. least 10 percent of residents due to out- islation introduced in the Senate yes- We do not have land to give away migration over the past 2 years. Ac- terday now called S. 602, which is truly anymore. But we say to individuals and cording to the University of Nebraska bipartisan. We call it the New Home- businesses, if you stay there, if you report, most of these counties will see stead Act. Senator HAGEL, Senator come there, if you build there, if you similar population losses over the next JOHNSON, Senator BROWNBACK, I, and invest there, here are financial incen- 2 decades without an expansion of non- many others, Republicans and Demo- tives for you. We can turn this around. agriculture industry. crats, have introduced legislation to That is what S. 602 is about. S. 602 says Why are people leaving rural Amer- address a very serious problem in the to people, it is in your interest to help ica? It is rather simple: For jobs and heartland of our country. us rebuild the economies of the States opportunities. One of the main provi- I will describe this problem by some- in the heartland. sions of our legislation addresses this thing a Lutheran minister from New The New Homestead Act offers tax issue by providing incentives to small England, ND, told me. She said: In this and other financial rewards for individ- businesses and other enterprises to lo- small town in southwestern North Da- uals who commit to live and work in cate and expand in rural areas. Small kota, in my church I officiate at four high out-migration rural areas. It pro- businesses are a critical element of the funerals for every wedding. vides help paying college loans, offers rural economy, as they are to all of What does that describe? It describes tax credits for home purchases, pro- America, accounting for nearly two- a small town in a rural State where the tects home values, and establishes In- thirds of all rural jobs. population is getting older, where they dividual Homestead Accounts, the eco- Our legislation builds upon the same have few young people, few marriages nomic equivalent of giving them free spirit of the Homestead Act of 1862 and few births, and where they are suf- land as we did a century ago. which gave land to individuals who fering from the out-migration of peo- S. 602 provides tax incentives for were willing to live and work in unset- ple. businesses to expand or locate in high tled areas of the country. In fact, the

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3665 first claim made under this act was ment to live and work in rural areas to lion in direct losses for livestock and just outside Beatrice, NE. get a college degree, buy a home, start crops, which is about one-sixth, or 17 Our bill targets three different cat- a business and build a nest egg for the percent of the average annual cash in- egories: Individuals, businesses, and future. This legislation will also pro- take for agriculture. capital formation. For individuals who vide incentives for businesses to relo- I believe the New Homestead Act pro- live in or move to high out-migration cate or develop in high out-migration vides the kind of commitment and op- counties, the legislation provides, as areas. This comprehensive, approach is portunity that our nation must be will- Senator DORGAN mentioned, three needed to address this huge problem. ing to once again make in order to sus- basic things: The college loan repay- While the bill will not save every com- tain and grow prosperity for farmers, ments and home tax credits, individual munity, it will provide communities ranchers, and rural America. homestead accounts, rural investment with the tools they need to survive. Our entire Nation suffers when rural tax credits, and a venture capital fund. Rural communities provide businesses America suffers. Some of our country’s Last year, in the Senate Finance and families many benefits. Good most prized virtues, like good school Committee, Senators GRASSLEY and schools, low crime rates, a high level of systems, low crime rates, and high lev- BAUCUS called the bill a big idea. In- civic involvement and a talented and els of civic participation, are alive and deed, it is a big idea. But it is the kind committed workforce are just some of well in these areas, yet many are fight- of big idea we need to help reverse the the benefits (specifics) that rural ing for their survival. There is no decline of rural America—not just the America provides this country. It is a doubt in my mind that these areas are Midwest—but all of rural America. way of life worth fighting for, and our worth saving. I urge my colleagues to I am proud of the fact our bill has the Nation’s commitment to this lifestyle support this important legislation. bipartisan support of 10 cosponsors and is long-standing. The PRESIDING OFFICER. The Sen- it has the endorsement of a diverse co- In fact, in 1862 our government made ator from Kansas. alition of organizations across this a commitment to populate rural Amer- Mr. BROWNBACK. Mr. President, I country, all kinds of organizations. I ica. The original Homestead Act made am pleased to join colleagues in the in- am pleased again to be working with a deal with settler’s willing to travel to troduction of the New Homestead Act. my friend, Senator DORGAN, in reintro- the midwest; if you stay and work the I am very pleased to be a supporter ducing this legislation. I ask my col- land for 5 years we will offer you a along with my colleagues from North leagues in this body to learn more quarter-section of land. This was a Dakota, Nebraska, and South Dakota. about the aim, the specifics of this leg- hugely popular and successful program. Alexander Hamilton once made a islation, and that they would help and I know this first hand because my statement I think is particularly appli- join us in addressing the challenges great-grandfather used this legislation cable to the current situation we are facing rural areas across our country. to homestead near Centerville, SD. discussing—what is happening in rural I yield the floor. Today we can offer tax incentives America, particularly in a swath of The PRESIDING OFFICER (Mr. and financial rewards to individuals to rural America from Texas north to the COLEMAN). The Senator from South Da- move into out-migration counties. A Canadian border that includes the kota. generation ago the United States used State of the Presiding Officer and a Mr. JOHNSON. Mr. President, I rise a similar approach addressing the number of States throughout the Mid- today to express my support for the needs of our metropolitan areas. At west. He said: New Homestead Act and I want to that time, our country’s cities were To cherish and stimulate the activity of thank Senator DORGAN and Senator facing population and job losses, crum- the human mind, by multiplying the objects HAGEL for their leadership on the criti- bling infrastructure—many of the same of enterprise, is not among the least consid- cally important issue. I am pleased to problems our rural areas face today. erable of the expedients by which the wealth cosponsor this bipartism legislation. Billions of dollars were committed to of a nation may be promoted. America was originally a rural place. housing, transportation, and job cre- We listen to that and say: What does Many of our citizens lived and worked ation in urban areas. he mean? In other words, we must en- on farms or in rural towns throughout As a Senator from a rural area, I was courage and support intellectual activ- our country. During the turn of the proud to participate and join in that ef- ity and enterprise, and the area in century, towns and communities fort. But now many of our metropoli- which this has been most neglected has sprang up on railroad lines and river tan areas that were struggling thrive. been in our rural communities. We crossings. They served as regional We need this kind of commitment for must change this before some of these trade centers and seats of local govern- our rural communities at this point in precious entities wither away. ment. Opportunity was available for our history. Every year, rural communities be- the children of these communities. Too While this comprehensive legislation come emptier and more desolate as often that is no longer the case. A takes aim to remedy many of the prob- fewer and fewer people remain. This changing economy from agriculture to lems facing small towns, I believe this out-migration of youth to more urban technology has reduced opportunity in forward-thinking bill is also important areas is due to the simple fact of a lack rural America and certainly rural for farmers and ranchers who make a of economic opportunity within these South Dakota. Out-migration is deci- living from the land. It is critical to beautiful settings. mating many communities in my home understand that prosperity in produc- Although America was originally State of South Dakota. Currently, 63 tion agriculture can lead to robust con- rural, with most of its people living in percent of South Dakota counties are ditions in Main Street rural America. rural areas and working on farms, that considered high out-migration coun- As such, a decline in the farm economy has changed dramatically over the ties—averaging a 10 percent population causes economic hurt for rural busi- course of the past century. Today, loss over the past 20 years. In these nesses as well. This downturn in the after decades of decline, less than 2 per- counties there is also a 16 percent re- rural economy is one we know all too cent of the Nation’s population live on duction in youth population, 6 percent well in South Dakota. Volatile market farms in rural areas. In my State increase in the elderly population, and conditions for crops and livestock, un- alone, over half of the counties are suf- 25 percent of these counties had more fair foreign trade, and the disastrous fering from this youth drain and out- deaths than births. Once proud commu- forces of Mother Nature, have all taken migration. nities that were self sufficient are a toll on our farmers and ranchers in I have a map I want to show to my slowly withering away. recent years. colleagues. These are counties in Kan- I believe that in order to forestall Consider the sobering economic dam- sas. We have 105 counties. These are these trends Congress must now age to South Dakota resulting from the counties that would qualify for the prioritize rural America. That is one the ongoing drought: South Dakota New Homestead Act; that is 10-percent reason why I am so supportive of this State University, SDSU, economists population decline or more over the legislation. The New Homestead Act estimate $1.4 billion has been eroded last 20 years. You can see a huge swath hopes to address out-migration by of- from the State’s economy due to the of our State that has extensive out-mi- fering individuals who make a commit- drought. The impact includes $642 mil- gration.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3666 CONGRESSIONAL RECORD — SENATE March 13, 2003 You can say a lot of different factors proven tests, to another area that has While we aren’t offering 160 acres, we caused this. One has been the con- been hollowed out in the United States. are rewarding those individuals willing centration and growth in agriculture, That is why I am excited about this to take a risk and locate in a high out- where there are fewer farmers farming bill. I am hopeful it is something we migration county with the opportunity larger tracts of land. That is certainly can move in total, or in part, quickly. to get a college degree, buy a home, accurate. We need to do so. We need to move this and build a nest egg for the future. It is also the fact that a number of forward aggressively. Through loan repayment, small entre- people in agriculture have, because of a It is providing new hope and new vi- preneurship credits, home tax credits, lack of income, had to get off-farm sion in areas where a lot of people were protecting home values, and individual jobs. There are not major urban areas of a mind that: I guess nobody is listen- homestead accounts, this bill reaches in a lot of these places, so they have ing or paying attention, and we are out to a new generation of Americans. not been able to find that and they going to have difficulty making it. Our And it is this new generation of have had to move to major urban community is not going to make it. Americans that will help rejuvenate areas. So you have had this combina- Here we are saying, no, we want to rural America. Since our founding, a tion of difficulty in agriculture, dif- provide this new hope and opportunity strong and vibrant rural America has ficulty of a lack of jobs on an off-farm with the New Homestead Act. I hope been essential to a strong nation—and basis. It has led to this huge out-migra- our colleagues, if they have other ideas this principle remains only more true tion. that could strengthen this bill, will today. Our continued national well- If this were just Kansas, it would be bring those forward as well. being depends as much, if not more, on problematic enough, but instead of a It is a very difficult issue for our the condition of our less populated whole swath, particularly in the Middle State. I am delighted to be supportive areas as on our urban areas. West, from Texas sweeping up north all of this effort. My colleagues and I are It is my hope that the Senate will the way to Montana and Minnesota, going to push aggressively here and in take a serious look at this bill and you have a number of counties like the House to make it happen. move quickly to implement the provi- this. It is simple: rural America—our his- sions we have set forth. I appreciate I believe nearly 90 percent of counties tory, our founding lifestyle—is suf- the work that my colleagues Senators in North Dakota qualify because of the fering and the Congress must not turn HAGEL and DORGAN have done on this same feature: Concentration in agri- our backs. Take, for example, the town bill. Their vision and drive have culture, fewer off-farm job opportuni- of Nicodemus, KS, in Graham County. brought this bill to where it is today, ties, and people saying: We simply This town was started more than a cen- and I hope that the same spirit will don’t have anyplace to work. We would tury ago when some 350 freed slaves help propel this bill through the Senate love to live here. We would love to be left Kentucky and made a new begin- so that we can start helping our rural able to stay here. We have to have a ning for themselves on the plains of communities as quickly as possible. job. We have to be able to make a rea- Kansas. For a while, the town pros- sonable income. pered, showing a new life to these For, as we struggle through economic This is the total population. If you newly-freed slaves. Unfortunately hard times nationwide, it would be look at the school-age population, it is though, the railroad never moved in—a wise to remember a comment George even worse. It is even a more steep de- devastating lost opportunity that was Washington made: cline. I have been in cities in Rawlins followed by drought, depression, and, A people . . . who are possessed of the spir- County and far Northwest Kansas finally, a post-war exodus. Suddenly, it of commerce, who see and who will pursue where the school-age population has the town itself and its population their advantages may achieve almost any- declined nearly a fourth over the last 5 seemed almost ghost-like. Today, thing. years. So while the overall population Nicodemus is without a school, and I know our rural communities are is going down like this, the school-age there is only one full-time farmer left not only our history, but still have population is plummeting. As young in the area. much to offer our nation today. There- people don’t move back in the area, Unfortunately, this story is not an fore, let us enable that spirit of com- there are not the jobs and opportuni- isolated one, as hard times have hit merce, and put these communities on ties. They are saying: I would love to throughout America. In fact, this kind the path to recovery. live here, but I can’t. of situation is happening across our I have been around a lot of rural de- heartland, and we are here today to f velopment efforts that tried to push provide the much needed incentives to people back to rural areas. To me, this preserve rural America and the values UNANIMOUS CONSENT AGREE- is a way to pull people back to rural instilled there. MENT—EXECUTIVE CALENDAR areas, by providing economic incen- We must revitalize within our heart- tives, the likes of which we did to pop- land that spirit of creativity and enter- Mr. BROWNBACK. Mr. President, as ulate the region in the first place. This prise that has always allowed our na- in executive session, I ask unanimous is a region that was populated by the tion to grow and adapt. It has long consent that the cloture vote on the Homestead Act in the first place, tell- been the key to our success both philo- Estrada nomination occur at 2:15 ing people, if they will stay there and sophically and in the wealth of our na- today; provided further the order for work 160 acres for 5 years, it is theirs. tion. For example, Americans who once debate remain from 11:30 to 12:30; I fur- We had people self-selected. It wasn’t held jobs that relied on the production ther ask unanimous consent at 12:30 people saying: You are going to go, and of natural resources, such as farming, the Senate begin consideration of Cal- we will select you, we won’t pick you— now work in service or technology in- endar No. 36, the Bybee nomination as it was the great American way. This is dustries. As a result of new tech- under the previous order. the opportunity. If you want to do it, it nologies, American industries, includ- The PRESIDING OFFICER. Without is your choice. You don’t have to do it. ing agriculture, have become more objection, it is so ordered. People took it and moved out. profitable with fewer employees. We in Mr. MCCONNELL. Mr. President, I The New Homestead Act is recog- the Congress have an obligation to en- suggest the absence of a quorum. nizing the new economic realities and sure the economic viability of these The PRESIDING OFFICER. The saying what can we do to pull people rural communities, even in light of the clerk will call the roll. into these areas. These are ideas we major problems and out-migration tried in major urban areas, we tried these areas are suffering. The senior assistant bill clerk pro- them in Washington, DC, and a number In 1862, the Homestead Act inspired ceeded to call the roll. of other places where we were having many to move to places like Kansas Mr. MCCONNELL. Mr. President, I the hollowing out of urban areas, and with promises of 160 acres of free land ask unanimous consent that the order they have attracted people back to the to those settlers who would farm and for the quorum call be rescinded. core in these urban areas. We are try- live there for five years. Today, we are The PRESIDING OFFICER. Without ing to take those same proven models, introducing the New Homestead Act. objection, it is so ordered.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3667 MEASURE PLACED ON And they have very few choices. They tion would sponsor national health in- CALENDAR—S. 607 consistently pay higher costs for surance plans. They would start an em- Mr. MCCONNELL. Mr. President, I health insurance premiums, and they ployee benefit side, just like the big understand that S. 607 is at the desk get lower quality insurance than peo- companies do. They would contract and due for a second reading. ple who work for big businesses or peo- with national insurance companies. The PRESIDING OFFICER. The Sen- ple who work for the Federal Govern- They would have a self-insured side. ator is correct. ment, as we do. And then, if you are a restaurant em- The clerk will read the bill for the I have seen this all over the State of ployee, by joining the restaurant asso- second time by title. Missouri and, indeed, all over the coun- ciation, you would automatically be The senior assistant bill clerk read as try. I chaired the Small Business Com- entitled to get this insurance. They follows: mittee for two terms in the House. In would have to offer it to you. They that capacity and since then, I have A bill (S. 607) to improve patient access to could not tell you you could not have health care services and provide improved visited personally with hundreds and it. And you would be part of a pool of medical care by reducing the excessive bur- hundreds of small businesspeople and 20,000 or 30,000 people instead of in a den the liability system places on the health with thousands of their employees. unit by yourself with two or three or care delivery system. This is their No. 1 issue. It is not fair five or ten people, like my brother’s Mr. MCCONNELL. Mr. President, I for them to be laboring under impedi- situation. He has a little tavern kind of object to further proceedings. ments that the rest of us do not have. restaurant in St. Louis. Actually, it The PRESIDING OFFICER. The bill I was in Farmington, MO, over the may be more of a saloon. But, in any will be placed on the calendar. weekend. I stopped by an optometrist’s event, he could join the National Res- Mr. MCCONNELL. Mr. President, I office run by a couple of optometrists, taurant Association to get coverage. It suggest the absence of a quorum. and a couple of their employees were is just him and my sister-in-law who The PRESIDING OFFICER. The there. They gathered around and told run this place. Apart from the money, clerk will call the roll. me a very familiar story. In 1999—I which is impossible for him, he does The senior assistant bill clerk pro- think it was—they said, we just felt we not have the time and does not want to ceeded to call the roll. had to start providing health insurance incur the risk of going out two or three to our people, as expensive as it was Mr. TALENT. Mr. President, I ask times a year and soliciting bids. unanimous consent that the order for and as difficult as it was. And then, all of a sudden, what often They had to spend hours and hours the quorum call be rescinded. happens to small businesspeople is they soliciting bids, maneuvering, and try- The PRESIDING OFFICER. Without get called up because somebody actu- ing to get insurance for their people. objection, it is so ordered. ally filed a claim. The big insurance Mr. TALENT. Mr. President, I ask So they started it. They said: When we started, it was a company tells them their rates went up unanimous consent that I be recog- little over $200 a month per employee. astronomically. They have no power in nized in morning business for a period Now, 4 years later, it is over $500 a this market. They are caught with few of up to 15 minutes. month per employee. choices, with small groups, with high The PRESIDING OFFICER. Without They are not able to give wage in- administrative costs. It is not nec- objection, it is so ordered. creases to their people because health essary, and it does not even cost any- f insurance costs are increasing so fast. thing for us to fix it. I was talking about this at a dinner COVER THE UNINSURED WEEK Everywhere I go, small business health insurance costs are going up 20 the other day with six or seven people Mr. TALENT. Mr. President, this is or 25 percent a year. who were there to talk about how we ‘‘Cover the Uninsured Week’’ and there There is a further human side to this could serve the underserved better with have been press events—and I guess story. One of their employees—a really health care. This is part of the answer you can call them rallies—around the neat lady—I talked with for a while. to it. We had a real good dialog with country designed to inform America She is a single mom and a cancer sur- these folks. Many of them are oper- about the problem of the uninsured. I vivor. She is trapped, and the small ating a charitable enterprise where guess I am glad that is happening. It business is trapped with her, because if they are helping people get health care. seems as though it happens a lot. We they drop the insurance, she will never I laid this out for them, and one of have been talking about the uninsured get reinsured anyplace else. They feel a the men said to me: Well, who wouldn’t for a long time. moral obligation to continue that in- support that? Indeed, who wouldn’t I think it is time we do something surance for her. The other employees support it? I will tell you who doesn’t about the uninsured instead of just are doing without wage increases and support it: the big insurance compa- telling everybody that we have. And we dealing with substandard insurance in nies, who control this small group mar- can do that. I would suggest we are on order to help their fellow employee. ket now. They are operating like mo- the brink of doing it. We in the Senate I have seen this story over and over nopolists. Monopolists ratchet down just have to choose between the em- again. And it is not necessary. We can their output and raise their prices. ployees of the small businesses around do something about it, and we need to. That is what is happening. Fewer and the country, who are most of the unin- Here is what we can do. fewer people are covered, and prices are sured, and the big insurance companies The House passed several times in going higher and higher. They are that have them under their thumb cur- the 1990s—and the President now sup- making money, and people around this rently. ports the plan—a plan that would sim- country do not have health insurance. There are about 41 million uninsured ply allow small businesses to pool It is wrong, and it ought to stop. people in the country at any given through their national trade associa- One argument I hear about this is: time. About 60 percent of those unin- tions or their professional associations Look, if we do this, the association sured people are either owners of small and get health insurance on the same health plans will engage in cherry- businesses or employees of small busi- terms and under the same regulatory picking. What that means is, the nesses, or dependents of somebody who apparatus as the big businesses, the healthy small business groups will go owns or works for a small business. unions, and the Government currently into the big plans, the sicker small Most of the people who are uninsured do. business groups will prefer to stay out are working people. The reason they That is all we need to do, just em- there in the small business market. are uninsured and the reason they are power the small businesspeople. It will This is actually an argument that the not getting health insurance through not cost the taxpayers a dime because big insurance companies are raising. It their small business is that the small it is not a Government program. It is is the exact opposite of the truth. businesspeople are caught. They are just allowing people to do what is al- Common sense tells you if you have a stuck on a dysfunctional market. They ready happening all over the United history of illness, if you have cancer or are caught because all they bring to States. had cancer or diabetes or kidney prob- that market is a unit of 4 or 5 people, So here is how it would work: Let’s lems, or something similar to that, and or maybe 20 or 30, or maybe 60 or 70. say the National Restaurant Associa- somebody says to you, look, you can be

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3668 CONGRESSIONAL RECORD — SENATE March 13, 2003 in a small group market, you can work EXECUTIVE SESSION ergetic, sufficiently so that I feel this for a small business and be part of a is the time to come to the Senate floor group of 4 or 5 people or 40 or 50 people, and talk about the issue before us. or you can work for a big business and NOMINATION OF MIGUEL A. Before I do that, I especially extend be part of a group of 10,000 people, ESTRADA, OF VIRGINIA, TO BE my appreciation to the Republican UNITED STATES CIRCUIT JUDGE which would you choose? leader and our colleague and friend, FOR THE DISTRICT OF COLUM- Senator BILL FRIST. As we know, be- I have asked that question in small BIA CIRCUIT fore becoming a Senator, it was Dr. business groups around the country. I The PRESIDING OFFICER. Under BILL FRIST. He happened to be a car- have not had a single person say: If I the previous order, the Senate will now diac surgeon. When it was clear to me were sick, I would rather be part of the go into executive session to resume I was going to have to have cardiac small group. Of course you would rath- consideration of Executive Calendar surgery, and when that fact became er be part of the bigger group. No. 21, which the clerk will report. known by a number of my friends, I This is a haven for small business The legislative clerk read the nomi- had an almost mountain of suggestions people who want to help themselves nation of Miguel A. Estrada, of Vir- as to what I should do, where I should ginia, to be United States Circuit go, who the surgeon should be. and their employees, and particularly Finally, my friend and former col- Judge for the District of Columbia Cir- the ones who are sick and need the in- league, Connie Mack, called me and cuit. surance, such as that lady in the op- suggested I should talk to Senator The PRESIDING OFFICER. The time tometrist shop in Farmington. It is a FRIST, who actually knows something until 12:30 p.m. shall be equally divided haven for them. And it will cut the about this, which I did. He gave me ex- between the chairman and the ranking cost of their health insurance, on aver- cellent advice and a substantial member of the Judiciary Committee or age, 10 to 20 percent and make insur- amount of reassurance. Then after the their designees. ance available to millions of people operation, while I was still in the hos- Mr. REID. Mr. President, I suggest who currently do not have it. It does pital, he came and visited. That was a the absence of a quorum and ask unani- not cost the taxpayers anything. It is touching moment for Adele and myself mous consent that the time run equal- just like a big co-op. that he would make that effort. ly between both sides. I particularly thank Senator FRIST We have a lot of support in the Sen- The PRESIDING OFFICER. Without for his display of humanity during this ate. I am very pleased about our objection, the clerk will call the roll. period. progress. The chairman of the Small The legislative clerk proceeded to I am here to discuss my vote on the Business Committee, the senior Sen- call the roll. motion to invoke cloture on the nomi- ator from Maine, Ms. SNOWE, is a Mr. LEAHY. Mr. President, I ask nation of Miguel Estrada to the Dis- strong supporter and is leading the unanimous consent that the order for trict of Columbia Circuit Court of Ap- fight. Senator BOND is supportive. The the quorum call be rescinded. peals. Senator who is presiding over the Sen- The PRESIDING OFFICER. Without It will be my vote today to not in- ate today is supportive. Senator objection, it is so ordered. voke cloture. I want to explain the rea- Mr. LEAHY. Mr. President, what is MCCAIN is supportive. I have been talk- sons for this. There are many issues ing with a number of my friends and the parliamentary situation? raised by this nomination. I consider The PRESIDING OFFICER. The Sen- colleagues on the other side of the the most fundamental issue is the issue ate is on the Estrada nomination. aisle. I am hoping to get support there. of the independence of the judiciary. Mr. LEAHY. I thank the distin- That has been a matter of concern to In the House, it passed on a strong bi- guished Presiding Officer. thoughtful Americans from before our partisan basis. I believe we can do the SENATOR GRAHAM’S RETURN country was a country. same. It is just a question of the I see the distinguished senior Senator In the brilliant and Pulitzer Prize- choices we want to make. We can from Florida in the Chamber. First, I winning book by David McCullough, choose these small businesspeople and will say on a personal basis, I am de- ‘‘John Adams,’’ John Adams is quoted their employees who have been telling lighted to see him back. He is looking from a paper he wrote called us, year after year after year: We are as healthy as he did before he left. I un- ‘‘Thoughts on Government.’’ This was working full time; We care about our derstand he is even more healthy now. written before the War for Independ- jobs; We care about our fellow employ- For someone like myself who has prob- ence, anticipating that after a success- ees; Let us help ourselves, or we can ably a couple pounds more than I ful independence, there would be the choose the big insurance companies would like to be carrying, I noticed need to establish a government. And that have a monopoly on this market that he has found a way of losing a lit- these were some principles John Adams and are charging higher and higher tle weight. I suspect that what he has thought government should contain. prices and providing fewer and fewer gone through is not something that is Let me read one paragraph: policies of insurance for people who going to catch on with the various diet ‘‘Essential to the stability of government need it. fads. and to enable an impartial administration of I had a chance to chat with the dis- justice,’’ Adams stressed, ‘‘with separation I think the choice is clear. I urge the tinguished senior Senator last night, of judicial power for both legislative and the Senate to look at this bill, the associa- and he not only sounds even healthier executive, there must be an independent ju- tion health plans. We can get it passed. diciary, men of experience on the laws, of ex- than when he left, but he has the same emplary morals, invincible patience, unruf- We can make a difference, and we can sense of verve and sense of humor as he do it now. fled calmness, indefatigable application, and had before he left. should be subservient to none and appointed I yield back the remainder of my I yield to the distinguished Senator for life.’’ time. from Florida, if he would like to take Those were the characteristics John Mr. REID. I suggest the absence of a the floor at this point, such time as he Adams laid out as crucial to the essen- quorum. needs. tial stability of government and to The PRESIDING OFFICER. The Sen- have an able and impartial administra- The PRESIDING OFFICER. The ator from Florida. tion of justice. Those words, written clerk will call the roll. Mr. GRAHAM of Florida. Mr. Presi- before the war, then became the guid- The legislative clerk proceeded to dent, I extend to you and to my col- ing star for our Founding Fathers at call the roll. leagues deep appreciation from me and the Constitutional Convention in 1787. my family for the many expressions of In order to preserve the political Mr. REID. Mr. President, I ask unan- concern and best wishes which have independence of judges, the Constitu- imous consent that the order for the flowed to us over the past 6 weeks. I re- tion provides they shall, as John quorum call be rescinded. port to the Senate that this is my sec- Adams suggested they should, serve a The PRESIDING OFFICER. Without ond day back on the job since my oper- lifetime appointment. In order to pro- objection, it is so ordered. ation. I feel increasingly strong and en- tect from economic intrusion into the

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3669 judiciary, this Congress is prohibited sion used to recommend three people to and support before the Senate Judiciary from reducing the salary of judges, so the Senators. Senator Mack and myself Committee the pending nominee for a Dis- that they will be free of intimidation. worked for over 12 years in a very col- trict Court judgeship in the Southern Dis- But maybe the most difficult issue the laborative, nonpartisan manner to de- trict of Florida, as well as the nominees for U.S. marshal in the three federal judicial Constitutional Convention faced—and termine what recommendations should districts in Florida. it was one of the last matters to be re- be made to the President. Under the If confirmed, judicial nominee Cecilia M. solved by that convention—was how system now, the number of persons to Altonaga would be the first Cuban-American should judges secure their place on the be recommended will be increased from woman to sit on the federal bench. The pend- bench. Up until the very end of the three to six, and the role Senator NEL- ing nominees for U.S. marshal are Dennis A. Constitutional Convention, the idea SON and I will play—recognizing the Williamson in the Northern District; Thomas was that this Senate would directly ap- fact that we are Democrats and the ad- Hurlburt Jr., in the Middle District; and point Federal judges. However, late Christina Pharo in the Southern District. ministration is Republican—is we will ‘‘My complaint has never been with the concern arose that this very principle review those six nominations and make qualifications of these individual nominees, of the independence of the judiciary a judgment as to whether, in our opin- but with the fact that the White House devi- might be at risk if one branch were ion, any of those nominations would ated from the nominating process which has solely responsible for the appointment have difficulty being confirmed by the so well served Floridians,’’ Graham said. of Federal judges. And so a compromise Senate. If that is not the case, then all ‘‘I am hopeful that, with the White House was struck. That compromise was that six will go to the President for his con- commitment, we will to return to a selection the President would nominate persons sideration. process that gives assurances of merit-based and non-partisan selection of jurists, expe- to be Federal judges, and that the role I highly commend to my colleagues of the Senate would be to advise and dites non-partisan consideration of those ju- the article I quoted from in The New rists by the Senate and maintains the inde- then consent, through the confirma- York Times Magazine of March 9, 2003, pendence of the judiciary.’’ tion process, to those nominations. written by Deborah Sontag. So the issue we are debating today— I ask unanimous consent that some THE WHITE HOUSE, the relative role of the executive and materials about this recent agreement Washington, March 12, 2003. legislative—is not a trivial issue. It that has been reached between the DEAR SENATOR GRAHAM: Thank you for the goes to the heart, as John Adams said, White House, the chairman of the Flor- numerous opportunities to discuss our mutual efforts to ensure that Florida’s judicial of the stability of government, because ida Judicial Commission, and Senator it goes to the independence of the judi- vacancies are filled through an orderly proc- NELSON and myself, which I believe will ess. ciary. well serve the Federal judiciary and I know that you and Judge Gonzales have Having said that and having read the people of Florida, be printed in the communicated previously about the impor- some words from the 18th century, I RECORD. tant work and role of Florida’s Federal Judi- would like to read you some words There being no objection, the mate- cial Nominating Commission. I want to reit- from the 21st century as printed in the rial was ordered to be printed in the erate that the President is committed to fol- New York Times Magazine of last Sun- lowing the commission process in Florida RECORD, as follows: day. It is an article on one of our Fed- and intends to abide by the rules of proce- [News From Bob Graham] eral intermediate appellate courts, a dure of the Florida Federal Judicial Nomi- court of almost, but not quite, the WHITE HOUSE COMMITS TO HONOR FLORIDA nating Commission, consistent with ‘‘the NOMINATING SYSTEM Constitutional and statutory powers, duties, same influence as the DC Circuit or prerogatives of the President of the Court. One of its justices is J. Michael GRAHAM SAYS JUDICIARY NEEDS TO MAINTAIN INDEPENDENCE United States or the Senate in the filling of Luttig. It says this: vacancies by nomination and confirmation’’ WASHINGTON (March 12, 2003).—Senator Bob Luttig told me that he thinks the politics (Rule 30). Graham, D-Florida, announced today that surrounding judicial appointments makes The Administration shares your desire to the White House has committed to honor judges hyperconscious of their political promptly fill the federal judicial and United Florida’s non-partisan process for selecting sponsors. ‘‘Judges are told, ‘You’re appointed States Marshals vacancies in Florida. nominees for federal judgeships, federal pros- by us to do these things.’ So then judges Sincerely, ecutors and U.S. marshals. The agreement start thinking, well, how do I interpret the ANDREW H. CARD, Jr. culminates months of discussion about the law to get the result that the people who Chief of Staff to the President. importance of the role of the state’s nomi- pushed for me to be here want me to get?’’ nating commissions. COLSON HICKS EIDSON, Judge Luttig continued: ‘‘This is an important assurance from Coral Gables, Florida, March 12, 2003. I believe that there is a natural temptation Chief of Staff Andy Card that the White Hon. BOB GRAHAM, to line up as political partisans that is rein- House will abide by the nominating process U.S. Senate, forced by the political process. And it has to that has allowed the federal court system in Washington, DC. be resisted, by the judiciary and by the poli- Florida to retain public confidence and DEAR SENATOR GRAHAM: I want to thank ticians. maintain its independence from political in- you for your support of the nomination of Mr. President, I believe we are at a fluence,’’ Graham said. ‘‘For nearly two dec- Judge Cecilia Altonaga for United States time when we are being called upon to ades, this merit-based process has produced District Court Judge for the Southern Dis- resist an effort to inappropriately uti- judges and other officials of the highest cal- trict of Florida. iber, while allowing our state to outpace the lize the executive power to the exclu- Your substantial personal involvement and nation in filling vacancies. We need to en- leadership in the nomination of Federal sion of the legislative role in the ap- sure that this tradition continues.’’ pointment of Federal judges. I consider Judges, U.S. Attorneys and U.S. Marshals, Graham released a letter from White House throughout your years of service in the myself to be a pragmatist. I find very Chief of Staff Andrew H. Card Jr., that reads, United States Senate, have been exemplary few things in life that are black and in part: ‘‘I want to reiterate that the Presi- and have been responsible for the high quali- white. I do not think this issue is black dent is committed to following the commis- fications of the men and women who serve in and white. sion process in Florida and intends to abide the three federal districts in the State of I have been dealing with this issue in by the rules of procedure of the Florida Fed- Florida. You have my admiration and re- another dimension over the past weeks eral Nominating Commission, consistent spect. with ‘the Constitutional and statutory pow- of recuperation. In my State of Flor- With warm personal regards, I remain, ers, duties, or prerogatives of the President Sincerely, ida, we have had for over 20 years a of the United States or the Senate in the fill- ROBERTO MARTI´NEZ. process of nominating Federal judges ing of vacancies by nomination and con- through a citizen-based judicial nomi- firmation’ (Rule 30).’’ [From the Miami Herald, Jan. 16, 2003] nating commission. Persons who want Graham said it was agreed that the White FLORIDA’S JUDICIAL-NOMINATION PROCESS to be a Federal judge in Florida submit House commitment to following the re- formed rules of the nomination process will UNDER THREAT their application to the judicial nomi- (By Bob Graham) nating commission, which reviews be prospective, meaning that persons already nominated or who are under consideration For more than a decade, through both their submission and has personal for a vacancy will not be subject to the new Democratic and Republican presidencies, interviews with those candidates that process. Florida had an outstanding record of filling it believes are eligible for Federal judi- Upon receiving Card’s letter, Graham said federal judicial vacancies through a non- cial consideration. Then that commis- he would encourage prompt consideration of partisan, merit-based process.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3670 CONGRESSIONAL RECORD — SENATE March 13, 2003 The process was driven by the judicial The legal counsel to the president, Alberto number of rationales submitted for the nominating commissions, which took appli- Gonzalez, said that the initial panel had been war. cations, interviewed candidates and sub- rejected because of inadequate diversity. I One of the rationales that has been mitted three names for consideration for found this surprising because half of the fed- recently advanced with a great deal of each judicial vacancy. These commissions, eral court officers nominated in Florida by appointed by the two senators, were made up the Republican-appointed Judicial Nomi- intellectual fervor has been the con- of volunteers who represented a cross-section nating Commission and selected by the cept that by taking down Saddam Hus- of our state: lawyers and lay persons, Demo- president were minorities. sein, we could create a new climate crats and Republicans. Both Florida senators With this record, if this recent set of rec- throughout the region of the Middle interviewed the three finalists and passed ommendations by the Judicial Nominating East and that in that new climate their recommendations onto the White Commission was found by the president to be could sprout the seeds of democratic House. insufficient, what recommendation would The process worked. Over 10 years, we institutions which would, in turn, lead Gonzalez make to satisfy the diversity to democracy. That would be a very ad- filled 26 District Court vacancies without a sought by the president? mirable consequence. single significant controversy. Because of PROUD TRADITION the confidence that the Senate Judiciary The irony is that at the same time We must live up to the words said by Committee vested in the Florida judicial- we are hoping that our actions of war former Florida Bar President Herman J. nominating process, between the 101st and Russamanno about our federal courts: ‘‘Flor- will lead to democracy in a region of 106th Congress, those vacancies were filled in ida has been blessed with competent, experi- the world thousands of miles away an average of 108 days. This compares to the which has little history of democracy, average time for all U.S. District Court va- enced, compassionate and highly profes- cancies of 151 days. sional judges. These distinguished individ- we are today debating a process that, The process attracted highly qualified can- uals bring to the court the highest standards in my judgment, if not carefully bal- didates for federal judicial vacancies. This is and strong commitments to the administra- anced between the executive and legis- sometimes difficult because the open process tion of justice.’’ lative branches, has the prospect, as makes all the information submitted by the I am committed to this proud tradition, which is why we must honor a system of non- John Adams suggested, of destabilizing candidates publicly available. However, be- one of the key institutions of our more cause decisions were made on merit, can- partisanship and cooperation in the selection of Florida’s federal judges. than two centuries of democracy. didates of the highest quality from private I return to my hope that people of practice as well as the state courts and fed- Mr. GRAHAM of Florida. Having said eral magistrates were attracted to apply. that, I believe the standard for the good will can find a way to provide to RAISING CONCERNS kind of information the Senate has a this institution the information that it After George W. Bush became president, right and a need for in order to be able legitimately requires, and which the the process changed. Now the governor, to carry out its advise and consent Constitution imposes upon us, to make along with the most senior Republicans in function is not an ideological or even a an informed consent to the President’s our state’s congressional delegation, are re- precedential standard but, rather, a nomination. sponsible for naming the nominating com- pragmatic standard. If a person has I offer as an example of that spirit of mission’s members. been, for instance, an academic and has cooperation the good deeds that were While Sen. Bill Nelson and I can interview written, as they typically do, extensive extended to me by Senator FRIST. the candidates, we cannot make rec- Maybe some people who observe this ommendations to the White House anymore. articles or books, there is some means We can only indicate whether any of the can- by which you can get below and be- debate observe the Senate in other didates might encounter difficulty in win- neath the resume and get some feel of highly partisan conflicts, such as the ning Senate confirmation. the person who is being considered. one we voted on earlier today, to be- Since this new system has taken effect, Similarly, if a person has been a lieve that we are warring armies. Yes, there have been two instances that raise con- judge at the State level, or at other we are people who have strong views cerns about the politicization of the judicial- levels within the Federal judiciary, it and opinions, and we will express those nominating process, threatening to under- views and support them with our votes. mine the credibility of our judiciary. is likely that they have written opin- A year ago, the nominating commission ions or other statements of their juris- But we also are people who have a re- announced groups of three finalists to fill prudential feelings which, again, would spect for our colleagues and a human- three U.S. marshals positions in Florida, in- give you means by which to evaluate ity towards them. I think this is the cluding one in the Southern District of Flor- and cast an informed vote to consent time to draw upon that respect and ap- ida. In March 2002, my office was informed to a Presidential nomination. preciation for humanity, as well as our that the three finalists for the position in I have been away from the Senate responsibilities under the Constitution, the Southern District were being put aside in most of the time this matter has been to see if we can find a means to close favor of a candidate who had not even applied. This candidate has been renominated under consideration. I do not serve on this impasse and move on to the other in the 108th Congress and is now awaiting ac- the Judiciary Committee, but col- important business of the Senate. tion by the Senate Judiciary Committee. leagues whose judgment I respect have Mr. President, I appreciate this op- In February 2002, the Judicial Nominating indicated they do not feel that as of portunity. I again thank you and my Commission announced that it had selected today we have the information to, in colleagues for all the expressions of three finalists for a Southern District court an informed manner, provide that con- good will during my absence. vacancy. The candidates included two state sent. The PRESIDING OFFICER. The Sen- circuit-court judges and the sitting U.S. at- I believe this is an issue upon which ator from Vermont. torney for the Southern District, who were Mr. LEAHY. Mr. President, I thank interviewed by the Judicial Nominating honorable men and women can reach Commission and found to be qualified. Nel- agreement, just as after a series of ne- my good friend from Florida for his son and I informed the White House that, if gotiations, Senator NELSON and I have statement. I again welcome him back. nominated, any of the three would be expedi- reached an agreement on the means by I heard in his absence statements from tiously confirmed. which the Florida judicial nominating both Republicans and Democrats wor- By April, however, the process took a mys- process will be ordered and respected. ried about him. I am glad to see him tifying turn. The nominating commission’s I urge those of my colleagues who back. The Senator and his wife are dear chairman informed the fellow commissioners have been particularly involved in this and close friends of mine and my wife. that the White House had requested three additional names, effectively disregarding to not see today’s vote as the last Sometimes people forget the Senate the three initial candidates. A month later, chapter but, rather, as a call to find an is a family. There are only 100 of us. We at the direction of the governor and two U.S. honorable way to provide us with the tend to know each other and spend House members, the commission met again information, given the status of this time with each other. No matter what and selected three new finalists. A nominee nominee and the dearth of information political positions we take, we worry is expected from the White House any day which might otherwise be available. about each other’s health. We talk now. Let me say, Mr. President, I find about each other’s children and where The qualifications of these three new can- some irony in the issues with which didates are not to be questioned. Rather, the they are going to school. concern is the deviation from a process that this Senate is currently dealing. We This is an example of those who were has been successful for more than a decade. may be at war as early as next week. concerned about a very popular Sen- The independence and integrity of our judi- This Senate has already voted to au- ator. I am glad to see him looking in cial system are at stake. thorize that war. There have been a such great health. I welcome him back.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3671 I thank him, of course, for his very a further effort to minimize the Sen- work. We have a stock market that has thoughtful statement. I am glad to ate’s role in this process by proposing tanked. We have runaway budget defi- hear the quotes from a book that I radical changes in Senate rules. cits. This is an administration that in- probably enjoyed as much as any in the I have great respect for the Office of herited the largest surpluses in his- last 10 years, David McCullough’s book the Presidency, for whoever holds it. tory, and they are about to create the on John Adams. I do not own the pub- One thing I have learned in 29 years is largest deficits in history; an adminis- lishing company or anything else, but I that Presidents come and Presidents tration that inherited a robust stock recommend that book to anyone who go. The Office of the Presidency exists market, and we are about to see the wants to read it. with its responsibilities, its duties, its stock market go to an all-time low. Mr. REID. Will the Senator yield for rules, its traditions. Just as Senators They have enough to worry about. Let a question? come and go. No Senator holds a seat us worry about carrying out the duties Mr. LEAHY. Of course. for life. No Senator owns a seat in the of the Senate. Mr. REID. Mr. President, this is not Senate. But the Senate stays, and the If they would simply cooperate, we a question, but I wish to say, Senator Senate has its rights, and it has its could go forward with Mr. Estrada. I GRAHAM and I came to the Senate to- privileges, and it also has its obliga- mention this because I do not want gether. I have been so impressed with tions. It has its constitutional duties. anybody to make a mistake. The con- BOB GRAHAM his entire tenure in the I have been in the Senate with six trol and the scheduling of whether Senate because he never does anything different Presidents. I have never been there will be a vote on Mr. Estrada is halfway; it is always all the way. in the Senate with a White House that in the hands of the White House. Whenever he comes to the floor to seems to have less understanding of the There seems to be a perversion to re- speak, he is prepared and has thought role of the Senate or more of a desire quire the Senate to stumble in the about what he is going to talk about. to overturn well over 200 years of prac- dark about Mr. Estrada’s views when Today is no different. tice and procedures in the Senate. I he shared these views quite freely with Of course, I am happy to see him have never known a White House that others, and when the administration back stronger than ever and certainly thinks more just for the moment and selected him for this high office based wish him well in his ambitions politi- not for the long term. on these views. cally, even though he may have had a This may be why we are fast ap- slight setback, but knowing how hard proaching the point where, as some Justice Scalia wrote just last year: the Senator from Florida works, I am suggest, the White House may get half Even if it were possible to select judges sure he will catch up with the pack. of its goal of regime change, but they who do not have preconceived views on legal The PRESIDING OFFICER. The Sen- may get it in Great Britain. But I di- issues, it would hardly be desirable to do so. ator from Vermont. gress. Proof that a Justice’s mind at the time he Mr. LEAHY. Mr. President, it was The real double standard in the mat- joined the Court was complete tabula rasa in just 2 days ago we welcomed the Vice the area of constitutional adjudication ter of the Estrada nomination is that would be evidence of lack of qualification, President to the Senate for debate the President selected Mr. Estrada in not lack of bias. scheduled by the majority. I said at large part based upon his 41⁄2 years of that time that I am always glad to see work in the Solicitor General’s Office, It was just a week ago that I thanked the Vice President here, even though it as well as for his ideological views. The the Democratic leader and assistant is a rare appearance for a Vice Presi- administration undoubtedly knows leader and Democratic Senators for dent of either party. what those views are and have seen speaking and voting in favor of pre- I wish he had been here for debate those work papers. They know what he serving the integrity of the confirma- about the impending war with Iraq. We did. They picked him based on that, tion process. We are acting to safe- are probably the only parliamentary but they said even though we picked guard our Constitution and the special body in the democratic world that has him based on that, we do not want the role of the Senate in ensuring that our not had a major debate during the past Senate to know what it was. We in the Federal courts have judges who will few weeks on Iraq and the war. Or he Senate cannot read his work, the work fairly interpret the Constitution and might have been here for debate on ter- papers that would shed the most light the statutes we pass for the sake of all rorism or homeland defense or the need on why this 41-year-old should have a Americans. for action to stimulate the economy lifetime seat on the Nation’s second The administration’s obstinacy con- and improve the lives of the millions of highest court. tinues to impede progress to resolve Americans who have lost jobs over the We are to a point where the White this standoff. The administration re- last 2 years. Actually, there are more House simply says, trust us, we know mains intent on packing the Federal Americans losing jobs in a 2-year pe- what he wrote and how he thinks and circuit courts and on insisting that the riod than I think has occurred since I will make decisions, but we do not Senate rubber-stamp its nominees have been old enough to vote. Or the want you to know what he wrote, just without fulfilling the Senate’s con- Senate might have been acting on a rubberstamp him. stitutional advice and consent role in prescription drug benefit for seniors. Actually, I would remind them of this most important process. The Apparently, we are not here to have that made-up quote that President White House could have long ago that debate today nor did the majority Reagan used to such effect—I happen helped solved the impasse on the schedule debate in the Senate on Tues- to agree with President Reagan on it— Estrada nomination by honoring the day on those important matters. In- trust but verify. We would like to Senate’s role in the appointment proc- stead, we are here to hear again the ar- verify. President Reagan said, ‘‘Trust ess and providing the Senate with ac- guments about Mr. Estrada. But not but verify.’’ They say, trust us. We say, cess to Mr. Estrada’s legal work. Past much has changed since last week or let us verify. administrations have provided such since this Tuesday. The administra- So actually this whole matter is in legal memoranda in connection with tion’s obstinacy continues to impede the hands of the White House. They the nominations of Robert Bork, Wil- Senate consideration of this nomina- could move forward with Mr. Estrada liam Rehnquist, Brad Reynolds, Ste- tion. easily if they wanted to. Instead, the phen Trott and Ben Civiletti, and even The distinguished Democratic leader, White House has taken on the attitude this administration did so with a nomi- Senator DASCHLE, pointed a way out of that they want to carry out the respon- nee to the EPA. Senator DURBIN noted this impasse in a letter to the Presi- sibilities of the Presidency, as awe- this week that the administration is dent on February 11. It is regrettable some as they are, but they also want to giving Mr. Estrada bad advice. Instead, the President did not respond to that carry out the responsibilities of the the administration should instruct the reasonable letter to resolve the issue. Senate. nominee to answer questions about his Instead, the letter sent this week to I think they have their hands full views—consistent with last year’s Su- the distinguished majority leader, Sen- carrying out the duties of the White preme Court opinion by Justice ator FRIST, was not a response to Sen- House, with the impending war. We Scalia—and to stop pretending that he ator DASCHLE’s realistic approach, but have millions of Americans out of has no views.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3672 CONGRESSIONAL RECORD — SENATE March 13, 2003 The White House is using ideology to mittee after fair hearings and open de- The Democratic Leader pointed the select its judicial nominees but is try- bate last year. Sending these re-nomi- way out of this impasse again in his ing to prevent the Senate from know- nations to the Senate is unprecedented. letter to the President on February 11. ing the ideology of these nominees No judicial nominee who has been It is regrettable that the President did when it evaluates them. It was not so voted down has ever been re-nominated not respond to that reasonable effort to long ago when then-Senator Ashcroft to the same position by any President. resolve this matter. Indeed, the letter was chairing a series of Judicial Com- This morning the Republican majority he sent this week to Senator FRIST was mittee hearings at which Edwin Meese took another unprecedented step in not a response to Senator DASCHLE’s III testified: holding a hearing on the re-nomination reasonable and realistic approach, but I think that very extensive investigations of Judge Owen, whose nomination had a further effort to minimize the Sen- of each nominee—and I don’t worry about been rejected earlier by the committee. ate’s role in this process by proposing the delay that this might cause because, re- The White House, in conjunction with radical changes in Senate rules and member, those judges are going to be on the the new Republican majority in the practices to the great benefit of this bench for their professional lifetime, so they Senate, is choosing these battles over administration. A distinguished senior have got plenty of time ahead once they are nominations purposefully. Dividing Republican Senator saw the reason- confirmed, and there is very little oppor- rather than uniting has become their tunity to pull them out of those benches ableness of the suggestions that the once they have been confirmed—I think a modus operandi. Democratic leader and assistant leader careful investigation of the background of Among the consequences of this par- have consistently made during this de- each judge, including their writings, if they tisan strategy is that for the last bate when he agreed on February 14 have previously been judges or in public posi- month, the Senate has been denied by that they pointed the way out of the tions, the actions that they have taken, the the Republican leadership meaningful impasse. Sadly, his efforts and judg- decisions that they have written, so that we debate on the situation in Iraq. I comment were also rejected by the admin- can to the extent possible eliminate people mend Senator BYRD, Senator KENNEDY istration. eliminate persons who would turn out to be and the other Senators on both sides of More recently, in its edition for next activist judges from being confirmed. the aisle who have nonetheless sought Monday, March 17, a writer in The Timothy E. Flanigan, an official to make the Senate a forum for debate Weekly Standard suggests that other from the administration of the Presi- and careful consideration of our na- Senate Republicans, ‘‘several veteran dent’s father, and who more recently tion’s foreign policy. The decision by GOP Senate staffers’’ and ‘‘a top GOP served as Deputy White House Counsel, the Republican Senate majority to leadership aide’’ asked the White House helping the current President select his focus on controversial nominations to shown some flexibility and to share judicial nominees, testified strongly in rather than the international situation the legal memoranda with the Senate favor of ‘‘the need for the Judiciary or the economy says much about their to resolve this matter, but were Committee and the full Senate to be mistaken priorities. The Republican rebuffed. I ask unanimous consent that extraordinarily diligent in examining majority sets the agenda and they a copy of the article from The Weekly the judicial philosophy of potential schedule the debate, just as they have Standard be printed in the RECORD. nominees.’’ He continued: again here today. There being no objection, the mate- In evaluating judicial nominees, the Sen- One of the most disconcerting as- rial was ordered to be printed in the pects of the manner in which the Sen- ate has often been stymied by its inability to RECORD, as follows: obtain evidence of a nominee’s judicial phi- ate is approaching these divisive judi- [From the Weekly Standard, Mar. 17, 2003] losophy. In the absence of such evidence, the cial nominations is what appears to be FILIBUSTER SI, ESTRADA NO!—THE GREAT RE- Senate has often confirmed a nominee on the the Republican majority’s willingness theory that it could find no fault with the PUBLICAN DIVIDE OVER HOW TO FIGHT FOR to sacrifice the constitutional author- BUSH’S JUDICIAL NOMINEE nominee. ity of the Senate as a check on the I would reverse the presumption and place (By Major Garrett) the burden squarely on the shoulders of the power of the President in the area of It’s not clear whether the constitutional judicial nominee to prove that he or she has lifetime appointments to our Federal definition of ‘‘advice and consent’’ will be- a well-thought-out judicial philosophy, one courts. It should concern all of us and come a casualty of Miguel Estrada’s fight for that recognizes the limited role for Federal the American people that the Repub- a seat on the D.C. Circuit Court of Appeals, judges. Such a burden is appropriately borne lican majority’s efforts to re-write Sen- but the possibility is serious and sobering. In by one seeking life tenure to wield the awe- ate history in order to rubber-stamp a 55–44 vote, Democrats last week defeated a some judicial power of the United States. this White House’s Federal judicial Republican attempt to break their unprece- Although the Senate Judiciary Committee nominees will cause long-term damage dented partisan filibuster of Estrada’s nomi- has long recognized correctly, in my view, nation, opening the way for the simple-ma- that positions taken as an advocate for a cli- to this institution, to our courts, to jority standard for Senate confirmation of ent do not necessarily reflect the nominee’s our constitutional form of government, judicial nominees to be replaced with a own judicial philosophy, a long history of to the rights and protections of the super-majority requirement. The Republic cases in which a nominee has repeatedly American people and to generations to isn’t there yet. But it’s close. urged courts to engage in judicial activism come. I have served in the Senate for 29 ‘‘If we go very much further there will be may well be probative of a nominee’s own years, and until recently I have never obvious consequences,’’ said Sen. Jon Kyl, an philosophy. seen such stridency on the part of an Arizona Republican. ‘‘This standard will Now that the President is not a popu- administration or such willingness on have to be applied to both parties and by larly elected Democrat but a Repub- both parties. This is very close to the point the part of a Senate majority to cast where you can’t pull it back.’’ lican, these principles seem no longer aside tradition and upset the balances The strain on the Constitution and Senate to have any support within the White embedded in our Constitution so as to precedent is now obvious. Less obvious is the House or the Senate Republican major- expand Presidential power. What I find toll the Estrada fight has taken on the rela- ity. Fortunately, our constitutional unprecedented are the excesses that tionship between the new Senate GOP lead- principles and our Senate traditions, the Republican majority and this ership team and the Bush White House. practices and governing rules do not White House are willing to indulge to While GOP senators are loath to admit it, change with the political party that override the constitutional division of the Estrada debate has drifted on this long occupies the White House or with a because the White House and the GOP lead- power over appointments and long- ership could not fashion a cohesive strategy. shift in majority in the Senate. standing Senate practices and history. Estrada is not the first fight new majority Along with this current impasse, the It strikes me that some Republicans leader Bill Frist would have chosen—at least administration has shown unprece- seem to think that they are writing on not under the restrictions imposed by the dented disregard for the concerns of blank slate and that they have been White House. Senate Republicans believe the Senators in taking other unprece- given a blank check to pack the courts. White House has severely limited their room dented actions, including renominating They show a disturbing penchant for to negotiate. both Judge Charles Pickering, despite Early on, several veteran GOP Senate reading the Constitution to suit their staffers warned the White House and Justice his ethical lapses, and Judge Priscilla purposes of the moment rather than as Department to prepare for a brawl. They Owen, despite her record as a conserv- it has functioned for over 200 years to then gingerly asked two questions: Would ative ‘‘activist’’ judge. Both were re- protect all American through checks Estrada answer more questions from Demo- jected by the Senate Judiciary Com- and balances. crats? And was there any flexibility in the

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3673 White House’s objection to releasing the plications, has yet to resonate with the pub- in spite of two cloture votes in 1995. Dr. working memos Estrada wrote while deputy lic. Democratic senators report no political David Satcher’s subsequent nomina- solicitor general in the Clinton Justice De- backlash at home and see it as their duty to tion to be Surgeon General also re- partment? defend Daschle. quired cloture but he was successfully Senior Senate GOP staff told White House ‘‘This is an ideological fight, and this is a and Justice Department officials that cut- fight for Daschle to be taken seriously,’’ said confirmed. ting a deal on limited Democratic access to a senior aide to a Democratic senator who Other Executive Branch nominees Estrada’s working papers could lead to his has teamed up with the White House on eco- who were filibustered by Republicans confirmation. The White House refused. nomic policy. ‘‘And my boss is with Daschle. included Walter Dellinger’s nomination There would be no access to Estrada’s work- He knows he’s taken, and will take, enough to be Assistant Attorney General and ing papers. Period. This adamantine posture, flak on fiscal policy. This is a fight he’s pre- two cloture petitions were required to in the eyes of some in the Senate GOP lead- pared to stick with.’’ be filed and both were rejected by Re- ership circles, handcuffed Frist. Absent a deal on the working memos, all publicans. In this case we were able fi- ‘‘There’s some frustration,’’ said a top GOP Estrada can bank on is White House and Re- nally to obtain a confirmation vote leadership aide. ‘‘From the very beginning publican promises to fight until they prevail. we told them that was the only way out and But no one in the GOP Senate leadership or after significant efforts and Mr. a face-saver for everyone. But it came down the Bush White House can explain how or Dellinger was confirmed to that posi- to the fact that no one on the White House when that will happen. tion with 34 votes against him. He was or Justice team wanted to walk into the Mr. LEAHY. It is too bad that the never confirmed to his position as So- Oval Office and say to the president, ‘You White House will not listen to reason licitor General because Republicans might have to give up these memos.’ ’’ from Senate Democrats or Senate Re- had made clear their opposition to him. The administration’s position on the publicans. If they had, there would be In addition, in 1993, Republicans ob- memos reflects its deeply held ethic of ag- jected to a number of State Depart- gressively defending executive branch pre- no need for this cloture vote. The rogatives. Though the White House has never White House is less interested in mak- ment nominations and even the nomi- characterized the Estrada matter as one of ing progress on the Estrada nomina- nation of Janet Napolitano to serve as executive privilege (it is more akin to law- tion than in trying to make political the U.S. Attorney for Arizona, result- yer-client privilege), it falls into the broad points and to divide the Hispanic coming in cloture petitions. In 1994, Repub- category of executive branch muscularity. munity. licans successfully filibustered the And while most Republicans generally sup- The Supreme Court, in an opinion au- nomination of Sam Brown to be an port this posture, some Bush allies on and off thored by none other than Justice Ambassador. After three cloture peti- Capitol Hill have come to question the ad- Scalia, one of this President’s judicial tions were filed, his nomination was re- ministration’s fastidiousness in the Estrada fight. role models, instructs that judicial eth- turned to President Clinton without ‘‘I understand the principle, and I support ics do not prevent candidates for judi- Senate action. Also in 1994, two cloture it, but on this one it feels belligerent,’’ said cial office or judicial nominees from petitions were required to get a vote on a longtime Republican lobbyist and ally of sharing their judicial philosophy and the nomination of Derek Shearer to be the Bush White House. views. an Ambassador. And it likewise took When a reporter last week asked Sen. Rick With respect to ‘‘precedent,’’ Repub- two cloture petitions to get a vote on Santorum, the GOP conference chairman, if licans not only joined in the filibuster the nomination of Ricki Tigert to chair opposition to divulging Estrada’s Justice De- partment memos was permanent, he of the of Abe Fortas to be Chief Justice the FDIC. So when Republican Sen- snapped, ‘‘Ask the White House.’’ of the United States Supreme Court, ators now talk about the Senate Exec- Conservatives like Sen. Kyl see the they joined in the filibuster Stephen utive Calendar and presidential nomi- Estrada fight as purely ideological and Breyer to the 1st Circuit, Judge Rose- nees, they must be reminded that they strongly oppose cutting any deal on access mary Barkett to the 11th Circuit, recently filibustered many, many to his working papers. Judge H. Lee Sarokin to the 3rd Cir- qualified nominees. ‘‘It’s a phony issue, a manufactured issue,’’ cuit, and Judge Richard Paez and Nonetheless, in spite of all the in- said Kyl. ‘‘We want to win this, but you transigence of the White House and all don’t win it by breaking a principle that has Judge Marsha Berzon to the 9th Cir- served this nation well for 200 years. And if cuit. The truth is that filibusters on of the doublespeak by some of our col- we deal on the papers, it will be something nominations and legislative matters leagues on the other side of the aisle, I else.’’ and extended debate on judicial nomi- can report that I believe the Senate But Sen. Harry Reid, the Senate’s No. 2 nations, including circuit court nomi- will by the end of this week have Democrat, has said he will support Estrada if nations, have become more and more moved forward to confirm 111 of Presi- the papers are turned over and nothing ob- common through Republicans’ actions. dent Bush’s judicial nominations since jectionable emerges. Enough Democrats to Of course, when they are in the ma- July 2001. That total would include 11 break the filibuster would surely follow Reid, senior Democratic sources say. jority Republicans have more success- judges confirmed so far this year and of ‘‘Their guy’s not going to get confirmed fully defeated nominees by refusing to those, seven would be confirmed this without them,’’ said a top Democratic law- proceed on them and have not publicly week. With the time agreement on the yer who backs Estrada. ‘‘This is not com- explained their actions, preferring to controversial nomination of Jay S. plicated. The White House is not going to act in secret under the cloak of ano- Bybee to the United States Court of confirm him without paying a price.’’ nymity. From 1995 through 2001, when Appeals for the Ninth Circuit in place If that price seems too high, the White Republicans previously controlled the for later today, it also includes a cir- House may want to reexamine the price of the alternative, an increasingly bitter fili- Senate majority, Republican efforts to cuit judge. Those observing these mat- buster fight. While protecting the privacy of defeat President Clinton’s judicial ters might contrast this progress with internal memos at the Justice Department, nominees most often took place the start of the last Congress in which the White House may be sacrificing the 50- through inaction and anonymous holds the Republican majority in the Senate vote majority as the historic benchmark of for which no Republican Senator could was delaying consideration of Presi- constitutional fitness for the federal bench. be held accountable. Republicans held dent Clinton’s judicial nominees. In Some Senate Republicans believe a new 60- up almost 80 judicial nominees who 1999, the first hearing on a judicial vote standard for judicial appointments were not acted upon during the Con- nominee was not until mid-June. The could severely hamper this president and all future presidents. And some Senate Repub- gress in which President Clinton first Senate did not reach 11 confirmations licans wonder why it’s more important to nominated them and eventually de- until the end of July of that year. Ac- protect executive privilege than a presi- feated more than 50 judicial nominees cordingly, the facts show that Demo- dent’s power to have judicial nominees con- without a recorded Senate vote of any cratic Senators are being extraor- firmed by simple majority vote. kind, just by refusing to proceed with dinarily cooperative with a Senate ma- The White House wants the fight to drag hearings and Committee votes. jority and a White House that refuses out and political pressure to build on cen- Beyond judicial nominees, Repub- to cooperate with us. We have made trist Democrats. The White House likes the licans also filibustered the nomination progress in spite of that lack of comity Hispanic dimension of the Estrada fight and is counting on the weight of editorial and of Executive Branch nominees. They and cooperation. public opinion to turn the tide. successfully filibustered the nomina- Indeed, by close of business today, we But numerous Republican senators say the tion of Dr. Henry Foster to become will have reduced vacancies on the fed- Estrada fight, for all its constitutional im- Surgeon General of the United States eral courts to under 55, which includes

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3674 CONGRESSIONAL RECORD — SENATE March 13, 2003 the 20 judgeships the Democratic-led tion. I urge the White House, as I have debut with Mr. Estrada, I expect that Senate authorized in the 21st Century for more than two years, to work with we will see it repeated with other Department of Justice Appropriations us and, quoting from a recent column nominees. Authorization Act last year. That is an by Thomas Mann of The Brookings In- Each of these weapons of obstruction extremely low vacancy number based stitute, to submit ‘‘a more balanced were at their most potent when Demo- on recent history and well below the 67 ticket of judicial nominees and crats controlled the Judiciary Com- vacancies that Senator HATCH termed engag[e] in genuine negotiations and mittee. Now things have changed, and ‘‘full employment’’ on the federal compromise with both parties in Con- Democrats can no longer keep nomi- bench during the Clinton Administra- gress.’’ nees like Miguel Estrada bottled up in tion. The President promised to be a committee while they made demands Our D.C. Circuit has special jurisdic- uniter not a divider, but he has contin- for answers to questions that are unan- tion over cases involving the rights of ued to send us judicial nominees that swerable, and for confidential docu- working Americans as well as the laws divide our nation and, in this case, he ments that are not subject to produc- and regulations intended to protect our has even managed to divide Hispanics tion. Democrats no longer control the environment, safe work places and across the country, unlike any of the committee, and as a result Miguel other important federal regulatory re- prior nominees of both Democratic and Estrada nomination has made it to the sponsibilities. This is a court where Republican presidents. The nomination Senate floor. This means that the ob- privacy rights will either be retained and confirmation process begins with structionists among the Senate Demo- or lost, and where thousands of individ- the President, and I urge him to work crats have turned to their ultimate uals will have their final appeal in with us to find a way forward to unite weapon—the filibuster. matters that affect their financial fu- the nation on these issues, instead of Filibusters of judicial nominees ture, their health, their lives and their to divide the Nation. allow a vocal minority to prevent the liberty, as well as the lives of their The presiding officer. The Senator majority of Senators from voting on children and generations to come. from Utah. the confirmation of a Federal judge—a If a nominee’s record or responses Mr. HATCH. Mr. President, this is prospective member of our third, co- raise doubts or concerns, these are the fifth week of debate on Mr. equal branch of Government. It is tyr- matters for thorough scrutiny by the Estrada’s nomination. My Democratic anny of the minority, and it is unfair Senate, which is entrusted to review colleagues have had unlimited opportu- to the nominee, to the judiciary, and to all of the information and materials nities to make their case. Some of the majority of the Members of this relevant to a nominee’s fairness and them oppose him; others support him. body who stand prepared to fulfill their experience. No one should be rewarded But one thing has remained clear constitutional responsibility by voting for stonewalling the Senate and the through this debate: There is no good on Mr. Estrada’s nomination. American people. Our freedoms are the reason to continue this route of ob- I have taken to the floor time and fruit of too much sacrifice to fail to as- struction by denying Mr. Estrada an up time again, for Democratic and Repub- sure ourselves that the judges we con- or down vote. lican nominees alike, to urge my fellow firm will be fair judges to all people If my count is accurate, we have Senators to end debate by voting to in- and in all matters. sought more than 17 times to come to voke cloture, which requires the vote It is unfortunate that the White an agreement with the Democratic of 60 Senators. Most, if not all, of these House and some Republicans have in- leadership for a time to vote on Mr. occasions did not represent true fili- sisted on this confrontation rather Estrada’s nomination. Each time, they busters, but were situations in which than working with us to provide the rejected our efforts. nominees were nevertheless forced to needed information so that we could Yet, the Democratic leadership has overcome the procedural obstacle of a proceed to an up-or-down vote. Some complained that the Senate should cloture vote. And no lower court nomi- on the Republican side seem to prefer move on to consider other important nee has ever been defeated through use political game playing, seeking to pack matters. All the while, they have con- of a filibuster—all previous lower court our courts with ideologues and leveling tinued to fight voting on Mr. Estrada’s nominees who endured a cloture vote baseless charges of bigotry, rather than nomination—the very thing that would were ultimately confirmed. to work with us to resolve the impasse allow the Senate to focus its energies I am not alone in my disdain for forc- over this nomination by providing in- on other matters. ing judicial nominees through a cloture formation and proceeding to a fair This filibuster of Mr. Estrada’s nomi- vote. I think that it is appropriate at vote. I was disappointed that Senator nation is just another step in a cal- this point to note that many of my BENNETT’s straightforward colloquy culated effort to stall action on Presi- Democratic colleagues argued strenu- with Senator REID and me on February dent Bush’s judicial nominees. A few ously on the floor of the Senate for an 14, which pointed to a solution, was weeks ago, I spoke at length on the up-or-down vote for President Clinton’s never allowed by hard-liners on the Senate floor about the Senate Demo- judicial nominees. other side to yield results. I am dis- crats’ weapons of mass obstruction. I The distinguished minority leader appointed that all my efforts and those mentioned that when the Democrats himself once said: of Senator DASCHLE and Senator REID controlled the Senate, we saw them bottle up nominees in committee de- As Chief Justice Rehnquist has recognized: have been rejected by the White House. ‘‘The Senate is surely under no obligation to The letter that Senator DASCHLE sent spite more than 100 vacancies in the confirm any particular nominee, but after to the President on February 11 point- federal judiciary. They have continued the necessary time for inquiry it should vote ed the way to resolving this matter to try to inject ideology into the con- him up or vote him down.’’ An up or down reasonably and fairly. Republicans firmation process by demanding that vote, that is all we ask . . . . would apparently rather engage in poli- nominees like Miguel Estrada answer The ranking member of the Judiciary tics. questions that other nominees rightly Committee echoed these sentiments The Republican majority is wedded declined to answer, but were neverthe- when he said: to partisan talking points that are less confirmed. They have sought pro- . . . I, too, do not want to see the Senate light on facts but heavy on rhetoric. duction of all unpublished opinions of go down a path where a minority of the Sen- There has often been an absence of fair nominees who are sitting Federal ate is determining a judge’s fate on votes of and substantive debate and a preva- judges—a demand that has resulted in 41. lence of name calling by the other side. the production of hundreds of opinions Another one of my Democratic col- I urge the White House and Senate and required the expenditure of a sig- leagues, Senator KENNEDY, himself a Republicans to end the political war- nificant amount of resources, money, former chairman of the Judiciary Com- fare and join with us in good faith to effort, the time. Most recently, they mittee, had this to say: make sure the information that is have demanded that a nominee, Mr. Nominees deserve a vote. If our Republican needed to review this nomination is Estrada, produce confidential internal colleagues do not like them, vote against provided so that the Senate may con- memoranda that are not within his them. But do not just sit on them—that is clude its consideration of this nomina- control. Although this tactic made its obstruction of justice.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3675 The distinguished Senator from Cali- campaign of unfairness. Vote for him both of her home-state Senators last Con- fornia, Mrs. FEINSTEIN, who also serves or vote against him, but just vote. gress, and again enjoys such support. I am on the Judiciary Committee, likewise This first filibuster in the history of writing today so that you have all informa- the Senate on a substantive judgeship tion related to this important information. said in 1999: In September, I expressed my concern that A nominee is entitled to a vote. Vote them for a circuit court of appeals nominee a continued pattern of misinformation about up; vote them down. is unprecedented, something that a nominee, like the one generated about Jus- She continued: should never happen, that we prevented tice Owen, could undermine the integrity It is our job to confirm these judges. If we from happening when I was chairman both of the judiciary and of the branch of do not like them, we can vote against them. of the committee during the Clinton government in which we are privileged to That is the honest thing to do. If there are administration. My friends on the serve. A day later, the Judiciary Committee things in their background, in their abilities other side are using a fiction that they refused to allow Justice Owen a vote by the that do not pass muster, vote no. know the administration cannot fulfill, whole Senate on a party-line vote of 10 to 9. Notably, one week later The Washington My other colleague from California, and that is demanding a fishing expedi- Post joined scores of other newspapers across Senator BOXER, said in 1997: tion into all of the papers in the Solic- the country in expressing support for Justice It is not the role of the Senate to obstruct itor General’s Office pertaining to Mr. Owen and severely criticized the Commit- the process and prevent numbers of highly Estrada’s recommendations on appeals, tee’s conduct. I have enclosed its editorial. qualified nominees from even being given the certiorari, and amicus curiae. They The Post described the Committee’s vote as opportunity for a vote on the Senate floor. know the administration cannot do ‘‘a message to the public that the confirma- My colleague from Delaware, Senator that. They knew that when they wrote tion process is not a principled exercise but an expression of political power.’’ The Post BIDEN, also said in 1997: the letter making that unreasonable demand. This is what we call fiction, a also noted that although they disagreed with I . . . respectfully suggest that everyone some of her opinions, ‘‘none seems beyond who is nominated is entitled to have a shot, red herring, so they can justify the fili- the range of reasonable argument.’’ to have a hearing and to have a shot to be buster they are undergoing and act Despite the independent support of dozens heard on the floor and have a vote on the very pious, that they are really trying of newspapers, prominent Democrats, and floor. to learn more about this man, in spite fourteen past Texas bar presidents, critics I could go on, but I think I have of the fact that they conducted the have portrayed Justice Owen as being ‘‘far made my point. I had hoped that I hearings. from the mainstream.’’ Yet Texas voters could count on each of my Democratic The hearings went all day. The tran- have twice elected her overwhelmingly to script is almost 300 pages. They have statewide office. The American Bar Associa- colleagues who made statements sup- tion has unanimously rated her well quali- porting an up-or-down vote for Presi- all of his Supreme Court briefs. They fied, its highest rating. In fact, Justice Owen dent Clinton’s judicial nominees to have all of his Supreme Court argu- was the first judicial nominee with the join me in voting for cloture on Miguel ments. They know more about Mr. ABA’s highest rating to be voted down by Estrada. I had hoped that their re- Estrada than they know about any cir- the Judiciary Committee. marks in the past were not merely cuit court of appeals judgeship nomi- In my opinion, Justice Owen is perhaps the about partisanship, but about the fair- nee we have had over the last 27 years best sitting judge I have ever seen nominated. She is brilliant as well as compas- ness that should be extended to all ju- that I have been in the Senate, as far as I know. There might be one or two sionate. Justice Owen’s record of applying dicial nominees, regardless of which the law as written is among the very best of President nominated them. they might know as much about as any judicial nominee ever presented to the Last week, I was wrong. But today, they do Mr. Estrada, but this is a fic- Senate. This is particularly true in her now there is a second chance—another tion. It is a red herring. We have a let- famous decisions concerning the Texas law chance to set aside partisanship for ter from seven former Solicitors Gen- requiring parental notification when minor fairness. eral, all living former Solicitors Gen- children obtain abortions. In these cases, no For this cloture vote to succeed, a eral, from Archibald Cox to Seth Wax- one’s right to choose was implicated. The supermajority of 60 Senators must vote man, four of the seven Democrat So- only right at stake was the right articulated licitors General, three of who worked by the Texas legislature of parents to have to end the filibuster of Mr. Estrada’s knowledge of, and an opportunity for in- nomination. I regret that it has come with Miguel Estrada in the Solicitor volvement in, one of the most important de- to this, because forcing a super- General’s Office, because he worked, I cisions of their children’s lives. In those majority vote on any judicial nominee might add, 4 years for the Clinton ad- cases, Justice Owen did exactly what any re- is a maneuver that needlessly injects ministration and 1 year for the Bush strained judge should do: She applied Texas even more politics into the already administration. Those former Solici- statutory law as directed by Supreme over-politicized confirmation process. I tors General say these types of docu- Court’s precedent, including Roe v. Wade. believe that there are certain areas ments should never be given, because it Ironically, it is Justice Owen’s opponents— would chill the ability of the Solicitor the same ones who accuse her of being an that should be designated as off-limits ‘‘activist’’—who would have her ignore the from political activity. The Senate’s General to get honest and decent opin- legislature and the Supreme Court in order role in confirming lifetime-appointed ions on very important matters for the to reach a political result. article III judges—and the underlying people’s business, and the people’s busi- Justice Owen is also accused of deciding principle that the Senate perform that ness does not make any delineation be- cases against consumers, workers, and the role through the majority vote of its tween Democrats and Republicans. The injured and sick. This charge is not only fac- members—are such issues. Nothing less Solicitor General represents all of the tually without basis, but also belies the ac- cusation of ‘‘activism.’’ Only those obsessed depends on the recognition of these people. I will now say a few words about with outcomes, rather than the law gov- principles than the continued, erning the facts of a particular case, would untarnished respect in which we hold Priscilla Owen before I go back to the be compelled by a mere counting up of wins our third branch of Government—the hearing. and losses among categories of parties before one branch of Government intended to I rise for the purpose of reading a a judge. be above political influence. Dear Colleague letter that I have writ- Working as a judge is like being an umpire; So I now say once again to my Demo- ten and distributed today concerning Justice Owen cannot be characterized as pro- cratic friends: Vote for Miguel Estrada the nomination of Justice Priscilla this or pro-that any more than an umpire can be analyzed as pro-strike or pro-ball. I or vote against him. Do as their con- Owen of Texas to be a judge on the US Court of Appeals for the Fifth Circuit. hope you will agree that a judge’s job is to science dictates you must. But do not apply the law to the case at hand, not to prolong the obstruction of the Senate I have distributed this to every Sen- mechanistically ensure that court victories by denying a vote on his nomination. ator in the Senate. go 50/50 for plaintiffs and defendants, con- Do not cast their vote against cloture DEAR COLLEAGUE: On September 4 of last sumers and corporations. today. Do not continue to treat the year I took the unusual step of writing to Justice Owen was also notably assailed by third branch of our Federal Govern- the entire Senate to express my outrage at her critics using incorrectly the words of one the untruthful and misleading attacks made of her biggest supporters, Alberto Gonzales, ment—the one branch intended to be against Justice Priscilla Owen of Texas, who President Bush’s White House Counsel. insulated from political pressures— was nominated by President Bush to serve Judge Gonzales served with Justice Owen on with such disregard that we filibuster on the Fifth Circuit Court of Appeals. As you the Texas Supreme Court and has written its nominees. Do not perpetuate this know, Justice Owen enjoyed the support of publicly that she is ‘‘extraordinarily well

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3676 CONGRESSIONAL RECORD — SENATE March 13, 2003 qualified to serve as a judge on the federal the Judiciary Committee. That is a lem. It looked like we were not going appeals court.’’ Rather than focus on his tough job. It always has been. It seems to be able to move them, but Senator ringing endorsement, however, detractors in- to be getting tougher with every pass- DASCHLE and I kept talking about them stead sensationalized a disagreement that ing Congress. I know from personal ex- and kept working on it, and we began Judge Gonzales had not with Justice Owen, but with other dissenting judges in a case in- perience during my tenure as the Re- to move them in blocks. We finished volving the Texas parental notification law. publican Leader, both in the majority the process and we had moved, I think, Justice Owen is an excellent judge. Her and the minority, of the diligent work almost all of them, if not all of them. opinions, whether majority, concurrences, or and good work that has been done by That was an example of how there can dissents, could be used as a law school text Senator HATCH to move judicial nomi- be cooperation in this very important book illustrating exactly how an appellate nations through the process. area of confirmation of judges. judge should think, write, and do the people Quite often, it was very difficult in Mr. HATCH. Will the Senator yield? justice by effecting their will through the the committee and on the floor. There Mr. LOTT. I am happy to yield. laws adopted by their elected legislatures. Mr. HATCH. I ask the Senator on our She clearly approaches these tasks with both have been accusations that, perhaps, he side, when he concludes, Senator KEN- scholarship and mainstream American com- had unfairly delayed judges in the past. NEDY has 2 minutes. We yielded our mon sense. But I can tell you this: My knowledge As a new Congress takes a fresh look at was, and memory is, that he worked time. Mr. LOTT. I will be happy to yield to this nomination, I hope you will join me in very hard to move a lot of judges, sev- the Senator from Massachusetts when I informing the American people of the truth eral of whom were highly controversial about Justice Owen and in warning them of have finished my remarks. but were eventually confirmed anyway. the grave danger posed by an uninformed Mr. LOTT. Let me talk briefly about Yes, at the end of the last term some politicization of the federal judiciary. I hope the situation we find ourselves in, spe- judicial nominees of the Clinton ad- you will urge our colleagues to do the right cifically, the nomination of Miguel ministration were not completed, but if thing when Justice Owen is again voted on Estrada to be a DC Circuit Court of Ap- by the Committee and goes to the Senate you compare the number that were left peals Judge. floor for confirmation.—Signed, ORRIN G. over to similar situations in the past, I made a brief speech about a month HATCH. it was a smaller number. When you ago saying I thought this was a highly We are holding a hearing today on look at the number of judges that have qualified candidate, one who had lived Justice Owen’s nomination. I invite all been confirmed under the stewardship the American dream, having been born of my colleagues to attend. In fact, I and leadership of Senator HATCH, it has in Honduras, coming here when he was encourage them to do so. I want every- to be a record in terms of overall num- 17, and highlighting the phenomenal one to get to know Justice Owen and bers compared with previous chairmen life he has lived. I thought it was a have the opportunity to hear from her and previous administrations. matter we would do pro forma. I as- firsthand. This is a very unusual invi- I will talk more about specifics, but sumed we would have some debate and tation, I know. But these are unusual while Senator HATCH is here I wanted some disagreement, but since he is a times in the Senate for judicial nomi- to recognize the untiring and patient great nominee, I thought he would be nations, and Justice Owen is a particu- and effective efforts of the Senator confirmed a month ago or more. But larly important and impressive nomi- from Utah on this very worthwhile ef- here we are still. nee. I urge my colleagues to come to fort. I will not go back and recount all of the hearing taking place in Dirksen 106 Mr. HATCH. Will the Senator yield? his qualifications. All the Senators and see for themselves what an ex- Mr. LOTT. I am happy to yield. know, and most of America knows now, traordinary person and jurist she is. Mr. HATCH. I thank my dear col- Miguel Estrada is certainly qualified to We are having difficulty with the league for those kind remarks. As he be a circuit court of appeals judge. He President’s judicial nominees. Every knows, there have been some on our is qualified by education. He went to one of these circuit nominees is being side that did not want hardly any of some of the best schools in America contested, some more than others, but the Clinton judges, especially the more where he was Phi Beta Kappa, a Magna all of them are quite rabidly being con- liberal ones, some of whom have gone Cum Laude graduate, editor of the Har- tested. Miguel Estrada is a perfect il- to circuit court of appeals. vard Law Review at that citadel of lustration of someone who is totally Mr. LOTT. If the Senator will allow great conservative legal thinking. Now, competent, totally equipped to do the me to interject, I remember the Sen- he is accused of being conservative; a job, honest, decent, has earned his ator from Utah received some criticism committed conservative, despite his stripes, has the highest rating from the from this side of the aisle, and so did I, broad background. He was editor of the American Bar Association, the gold as we tried to move some of these Harvard Law Review, if you will. So by standard, according to our colleagues judges through the process. We may education he is qualified. on the other side. Yet he is being fili- have voted against them, which I did in There are some points and comments bustered here now in the fifth or sixth at least a couple of instances, but I from the Federalist Papers, a couple of week. thought they deserved a vote. And we considerations, that you should look We have a cloture vote today. I hope made sure that those votes took place. into when you consider a judge. One is my colleagues will consider this. I hope Mr. HATCH. We did that. whether or not they are fit in the area we can get some of the more clear I thank my colleague because as the of character. This is a man that has thinking colleagues on the other side leader he helped me to do the job for lived an exemplary life. There is no al- to start voting for Mr. Estrada, to start the Clinton administration. The Presi- legation of impropriety, no allegation voting for cloture, so we can end this dent deserved the best we could do. Do of ethical misconduct. None whatso- outrageous debate and put a qualified we get everything done? No one has ever. So by education, by character, by person on the court. Let’s not hide be- ever gotten everything done at the end ethics, and by experience he is an in- hind a fishing expedition to get docu- of anyone’s administration. credible nominee. ments they know no self-respecting ad- He is right. Our record was much su- Some say he has not been a lower ministration is going to give to them, perior to when the Democrats con- court judge. That is not always the cri- and using that as a basic shield to say trolled the committee. teria. We have a lot of people who have they are not doing something unjust to I thank my colleague. gone to the circuit court of appeals, Miguel Estrada. They are being very Mr. LOTT. I again thank Senator even the Supreme Court, without hav- unjust, very unfair. It is not right. We HATCH for the effort. I remember even ing earlier been a judge in another ought to stop it. last year at one point I think we had court. But he has been involved by The PRESIDING OFFICER. The Sen- approximately 70 judges on the cal- working with the Federal judiciary, ator from Mississippi. endar, a large number, and there was and by serving as an Assistant to the Mr. LOTT. Let me take this oppor- disagreement about how to proceed. Solicitor General. He has argued 15 tunity, first, to express my apprecia- There was an indication we would have cases before the Supreme Court. I have tion and the appreciation of the Senate to have a recorded vote on every one of only been able to witness one case for the outstanding work that is being them, even though many of them could where I sat in the audience and lis- done by Senator HATCH as chairman of be moved on a voice vote with no prob- tened to the snail darter case before

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3677 the Supreme Court. Listening to the set that precedent. Let me tell you Next it is going to be Priscilla Owen. arguments in that one case was enough why. If all these internal memos are They are going to filibuster Priscilla for me. I left and never returned. But made public in this instance, I guar- Owen, a qualified woman who is a bril- surely, clearly, everyone in this body antee future young attorneys in the liant Supreme Court Justice in the knows this man is qualified to be a Solicitor’s Office, they will not be giv- State of Texas. I am sure they will ex- judge on the circuit court of appeals. ing honest advice. No, no, they will tend it to other nominees, as well— So what is the problem? What are pull their punches because they will maybe Sutton, maybe Cook, maybe they saying? know, anything I say in this written Pickering. Is this a pattern? There is the suggestion that maybe document may someday be used Who in this room, and outside this he has a certain philosophy or a cer- against me being confirmed as a Fed- room, believes that this tit-for-tat will tain ideology, and that is a disquali- eral judge or in some other way. So not continue? Do they think that once fication. If that were a disqualifica- this is not an insignificant request. we, Heaven forbid, ever have another tion, there are many judges I voted on Should we try to find a way to work Democrat President, that Republicans during the Clinton years and at other it out? I think so. But then I have been are not going to return the favor? We points during my service in this cham- accused in the past of trying to get are going to filibuster them. ber whom I would have voted against. I things done. We have to stop this. I think we, the voted for Justice Ruth Bader Ginsburg If everybody wants to make a state- leaders, the Republicans, the Demo- even though I didn’t agree with her ment around here to make their con- crats, past and present, have to assume philosophy and knew I probably stituency happy, great. This is the way responsibility for how this has contin- wouldn’t agree with a lot of her deci- to do it. The People for the American ued to escalate. sions, but she was qualified. She was Way and other liberal organizations—if Did we do some things during the the President’s choice. Estrada is blocked—they will be happy. Clinton years with judges that we I think the burden is on the Senate These political reasons are why many should not have done? Yes. But did we to show why we should not confirm a Senators on the other side of the aisle take up the cause and try to do the nominee if they are qualified, have the are opposing Mr. Estrada, but I want to right thing on many occasions? Yes. proper experience, and don’t have eth- point out that there are some notable That is why I am here today, because I do believe I have been a part of the so- ical problems. She met those criteria. I exceptions, and I hope there will be lution and part of the problem in the voted for her. more. What is the problem here? Some Sen- But on our side, we are able to say: past. I acknowledge it. But when I was ators want more questions asked? Al- This is an Hispanic nominee, and our the Majority Leader, I called up nomi- right, that is a legitimate point. It is core constituency groups are going to nations that were controversial. I remember on one occasion we did part of the advice and consent role of be happy. Republicans are happy, with have a threatened filibuster and a clo- the Senate. Let’s hear what the nomi- us duking it out for this nominee to be ture vote which was defeated. I made a nees have to say. on the Circuit Court of Appeals. Many speech standing right there saying: My He had a long hearing before the Ju- will say that they are taking a stand, colleagues, we don’t want to do this. diciary Committee. Every question in which is great. This was a judge nominated by Presi- the world that could be thought of was How great is it when he is not con- dent Clinton, but really it was a judge asked of this nominee. He was asked firmed? That is the goal here. I am not whom ORRIN HATCH recommended. His hypothetical cases to which I person- interested in blaming somebody or ap- name was Brian Theodore Stewart. Un- ally would not respond. I thought that peasing someone on our side. This man fortunately, though, cloture was de- on a lot of things he was asked, he was is qualified. We have vacancies on this feated. So we started talking about very careful in how he responded. You court that should be filled. It is irre- that, and cooler heads prevailed. Short- don’t want to prejudice your decision. sponsible for us not to find a way to ly thereafter, we confirmed this judge. You don’t want to pass judgment on a work this out and get this nominee on That was the only time we came close, Supreme Court decision on which your the court. during the past 7 years, to having a fil- future decisions as a judge may be So I say a pox on everybody’s house ibuster on a judge. We got right up to based. The number one factor for the if we are just trying to find a way to it, but we didn’t do it, because we knew Senate to keep in mind on this point, score political points with this man’s we couldn’t do it and that it was however, is that he has offered to meet life on hold while we do this thing that wrong. So, fortunately we backed away with any Senator personally who wants we are doing here. I really do think we from it. to meet with him. are setting a dangerous precedent here, In terms of what was done in the Secondly, Senators on both sides one we did not set in the past. We have past, again, I resisted filibusters. I have been told if you want to ask more not filibustered Federal judicial nomi- didn’t want to have filibusters, even questions, then submit the questions, nees. It is clearly not in the Constitu- though I voted against Judges Paez and and he will answer the questions. tion. I think advice and consent means Berzon on their up-or-down confirma- Finally, even a day or so ago, Sen- 51 votes, not two-thirds; not 60—51. tion votes. But Senator HATCH and I ator FRIST—against some advice that You might say the Constitution took a lot of grief. We said, no, they perhaps this pattern should not be doesn’t make that clear. In the Con- have come out of committee, they de- started—said Mr. Estrada would be stitution, article II, section 2, when the serve an up-or-down vote. They got the willing to go back to the Judiciary Framers of the Constitution were writ- vote, and they were confirmed. They Committee so that interested Senators ing this out, when they intended super- each got an up-or-down vote, not a fili- could ask him some more questions, majority votes, they said so. It clearly buster. Some people thought they with an understanding he would get a says in article II, section 2: To make should have been filibustered. I didn’t vote. Unfortunately, that offer was treaties provided two-thirds of the Sen- think they should have been, and they turned down, too. They say they want ators present concur. They specify two- weren’t. to ask him more questions, but when thirds. When they said advice and con- My colleagues, I ask us here today: they are given a chance to meet with sent, I believe they intended and ex- Where do we go from here? What is the nominee or a chance to ask more pected, unless there were serious prob- next? questions, they don’t ask them. When lems, that these nominees to the Fed- The argument can be made that you we say he is willing to go back for an- eral judiciary would be confirmed with filibuster a lot of different ways. You other hearing under these cir- a vote, an up-or-down vote of 51. don’t let them out of committee; I cumstances—no, they don’t want that I think what we are doing here is know about that approach. The last either. What do they say they want? questionable constitutionally. We have Congress, I know two judges who were They want internal memos from the never done this on a district or circuit defeated on a straight party-line vote time that he was working as an Assist- court nominee before. Now we are in the Judiciary Committee. They were ant to the Solicitor General. about to do it. not allowed to come to the floor to I believe that maybe something can Let me tell you what is scary. It may have a vote, and I believe the Constitu- be worked out on that. But you cannot not be just about nominee Estrada. tion requires they should come here

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3678 CONGRESSIONAL RECORD — SENATE March 13, 2003 and have a vote, not be killed by 11 ate. We are not potted plants deco- articles. He is a person—while some Senators in the Judiciary Committee, rating one end of Pennsylvania Ave- may disagree with the conclusions that or 10, or whatever the number may be. nue. We play a very special role under he reached in his large articles—who So, I accept part of the blame. I ac- the Constitution. The Founders gave us has the intellectual capacity to explain knowledge that Republicans have not numerous powers to balance and mod- his reasoning. He has excellent legal always handled judges in the right erate the powers of the President. They qualifications, not only from an edu- way. But I ask the question again, gave us longer terms than the Presi- cational perspective but from an expe- what next? We are going to kill them dent, and staggered our terms, so we rience perspective. in committee? We are going to kill would be less subject to the passions of He served as legal adviser during the them by filibuster? This is wrong, my the time. Clearly, we have the power first Bush administration. He has colleagues. We should not do this. and the responsibility to oppose the helped to teach a generation of new We are starting down a trail that is President when he refuses to provide us lawyers as a former professor at the unfair, and it is going to come back to with the only documentation that can University of Nevada, Las Vegas Boyd haunt this institution, haunt both par- tell us what kind of person he has nom- School of Law, and he has taught at ties, and damage the lives of innocent inated for a lifetime appointment on other places. He is someone who will men and women. the Nation’s second highest court. bring distinction to the Ninth Circuit. He was favorably reported by the I urge my colleagues, find a way to The PRESIDING OFFICER. Under Senate Judiciary Committee on Feb- move this judicial nominee, Miguel the previous order, the Senate will now ruary 28. The swift pace of this nomi- Estrada. He deserves better. He should proceed to the consideration of Execu- nation demonstrates how the process be confirmed. tive Calendar No. 36, which the clerk can work when both sides of the aisle Some people say: Wait, if we don’t will report. work together, when the President stop him now, he may be on the Su- f preme Court. Well let’s test him. Let’s works with Senators of the other confirm him. Let’s see how he does. We NOMINATION OF JAY S. BYBEE, OF party, and when the advise and consent might be surprised. We might even be NEVADA, TO BE UNITED STATES clause of our Constitution is respected. Senator JOHN ENSIGN and I work disappointed. I have been surprised at CIRCUIT JUDGE FOR THE NINTH closely on all issues that affect Nevada, times. I voted for a couple of Supreme CIRCUIT and on judges it is certainly no dif- Court Justices and wished I could take The assistant legislative clerk read ferent. JOHN ENSIGN is a class act. The the vote back because when they got the nomination of Jay S. Bybee, of Ne- way he handles being in the majority is vada, to be United States Circuit Judge there, they were not what I thought classic. We know the difference, both for the Ninth Circuit. they were going to be. Men and women having served in the majority. It would The PRESIDING OFFICER. Under can do surprising things when they be- be certainly easy for him just to sub- the previous order, there will now be 6 come Federal judges for life. mit a name and not run it past me. hours of debate equally divided in the So I just felt a need to come down But, of course, he didn’t. When he came usual form on the nomination. and recall some of the things that have up with the name Bybee, I said of The Senator from Nevada. happened, admit some of the mistakes, course. try to sober this institution up. This is Mr. REID. Mr. President, Senator I have a lot of reasons for supporting a great institution that does pay atten- LEAHY, the manager of this side, re- people named Bybee. One reason is—I tion to precedents. It does, sometimes, quested that I speak now. don’t know the lineage—because there start in the wrong direction, but most Mr. President, I am pleased that we are a lot of Bybees in Utah and Nevada. of the time we pull ourselves back from will be moving forward on the nomina- But when I was in college I fought for the brink; we find a way to get it done. tion of Jay Bybee for U.S. Court of Ap- a man by the name of ‘‘Spike’’ Bybee. I hope and I certainly feel down deep peals for the Ninth Circuit. This is an He was a police officer in Cedar City, we are going to find a way to not set important job which Jay Bybee will UT. But he devoted long hours of his this precedent and not defeat this have. It is the largest circuit as far as time training fighters. ‘‘Spike’’ moved qualified nominee with a filibuster. the number of judges that we have. to Las Vegas where he became a re- I yield the floor. The chairman of the Judiciary Com- spected probation officer. But my Mr. KENNEDY. Mr. President, I want mittee is here. I would be happy to fondest memories of ‘‘Spike’’ Bybee to make a brief response to the points yield to the chairman of the com- were during the time he spent with me made by our colleagues on the floor mittee. taking me in Arizona, Utah, and Ne- and in the press during the past week. Mr. President, the Ninth Circuit is vada as my manager. Anyway, just for It is not true that majority rule is the largest circuit, with a full com- no other reason than I traveled around the only rule in our country. The pur- plement of 28 or 29 judges. It is a cir- the country with someone who helped pose of the great checks and balances cuit that certainly is important to my me through some difficult times—a under the Constitution is to protect State, the State of Nevada, and the en- fine man. He died at a young age from the country from the tyranny of the tire western part of the United States. a very bad disease. I have the name majority. As far as shutting off debate It is a controversial circuit. There have Bybee in my mind from some of the in the Senate is concerned, majority been efforts made in the past to change times in my youth. rule has not been the rule since 1806. the makeup of the court and have I indicated Senator ENSIGN and I con- Even in our presidential elections, ma- States divided so we could create an- sulted on Mr. Bybee’s nomination when jority rule is not the rule, or we would other circuit. No one can take away Senator LEAHY chaired the Judiciary have a different President today. from the importance of this circuit. Committee for a short time. Mr. Bybee There is nothing even arguably un- The State of California alone, with was reported out of the Judiciary Com- constitutional about the Senate Rule some 35 million people, is under the ju- mittee in compliance with the commit- providing for unlimited debate unless risdiction of the Ninth Circuit Court of tee’s rules when Senator HATCH was and until 60 Senators vote to cut off de- Appeals. chairman. bate. The same Constitution which The last time I had a conversation The consultation and respect for the gave the Senate the power of advice with a member of the Bybee family was rules is why we are here today, moving and consent gave the Senate the power on an airplane. Mrs. Bybee was on the forward to fill the Ninth Circuit seat to adopt its own rules for the exercise plane. She is a lovely woman. Certainly held by Proctor Hug, Jr. since 1977. of all of its powers, including the rules Jay Bybee is a proud husband and fa- I must say a few things about Proc- for exercising our advice and consent ther, as well he should be. I commented tor Hug. He is a fine man and a great power. to Mrs. Bybee, Why does he have to athlete. He went to Sparks High The Constitution does not say that write so much? He has written Law Re- School. He was an all-star athlete in judges shall be appointed by the Presi- view articles. He has written lots of ar- football, track, and basketball. He ran dent as he wishes. It says that they ticles on very controversial subjects. track in college, was State debate shall be appointed by the President But the good thing about Jay Bybee is champion. He was student body presi- with the advice and consent of the Sen- that he can explain why he wrote those dent at Sparks High School. He met his

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3679 future wife, Barbara Van Meter, at there has been a perusal of all those confirmed unanimously by the Senate Sparks High School. He became stu- documents, and maybe they can’t be on October 23, 2001. dent body president at the University given to us. Maybe they can’t be given As head of the Office of Legal Coun- of Nevada. to us because he has said things there. sel, Jay assists the Attorney General in He served his country honorably in Maybe, as Paul Bender said, he is such his role as legal advisor to the Presi- the Navy and then went to one of the an ideologue, and maybe he has written dent and all the executive branch agen- most prestigious law schools in the en- about all those things Paul Bender said cies. The Office is also responsible for tire country, Stanford Law. when he was in the Solicitor General’s providing legal advice to the executive He was appointed by President Carter Office. I don’t know. But I would sug- branch on all constitutional questions and became Chief Judge of the Ninth gest that would be the best way to get and reviewing pending legislation for Circuit in 1996. He was a good ‘‘Chief,’’ over this hump. constitutionality. as the other judges called him. He The fact is, though, today we should Though a native of the chairman’s came back here a lot of times lobbying not be dwelling on what we have not home State of Utah, Nevada is proud to as a judge for issues important to the been able to do, but we should be talk- claim Jay as one of its own. Before his Ninth Circuit and the Federal judici- ing about what we have done. confirmation in the Senate in 2001, Mr. ary. Today, we are going to confirm a cir- Bybee joined the founding faculty and Judge Proctor Hug set a fine example cuit court judge. We are going to make served as a Professor of Law at the Wil- of what it means not only to be a judge a man—Uay Bybee—so happy; he was, liam Boyd School of Law at the Uni- but to serve your community and your on more than one occasion during his versity of Nevada, Las Vegas. Mr. country. short tenure at the University of Ne- Bybee’s scholarly interests have fo- To show what great judgment Proc- vada, Las Vegas—a new law school just cused in the areas of constitutional and tor Hug has, two of my sons were his accredited—selected as the No. 1 pro- administrative law. His dedication to law clerks, and one was his administra- fessor, the best professor, at that law ensuring that young law students learn tive assistant when he was chief judge. school. He was not selected by the the highest standards of legal practice resulted in his being named the Pro- He signed up with Judge Hug for 2 other professors. He was selected by fessor of the Year in 2000. years. He was a fine administrative as- the students. Mr. Bybee is known throughout the sistant. Jay Bybee has a great personality. legal community as one of the fore- I expect Jay Bybee will follow in the He has an in-depth knowledge of the most constitutional law scholars in the evenhanded and impartial path set by law. He comes with a background from United States. He is regarded as ex- his predecessor, Judge Proctor Hug. a wonderful family. I am so glad we are The point is that where there is con- tremely fair minded and adheres to the able today to confirm this man for a highest ethical and professional stand- sultation, the nominating process lifetime appointment to the Federal ju- works well. When consultation was the ards. He is admired throughout the diciary. legal profession as both a leader and a rule, where blue slips were issued and We keep talking about the DC Court gentleman. Most importantly, Jay un- made public, the body swiftly con- of Appeals being right under the Su- derstands the rule of law, and will confirmed 100 judges, as my friends know. preme Court. So is the Ninth Circuit. It Talking about the 100 judges, when sistently and carefully consider the ar- is the highest court you can serve on guments on both sides of a legal ques- we were in control of the Senate—even except for the Supreme Court. tion with an open mind. Because of over here in the minority, 11 judges by Jay Bybee will serve with distinction Jay’s combination of his legal skills the end of today will have been ap- and honor, and not only represent the along with his commitment to fairness, proved for the circuit court, the trial State of Nevada well, and the students I have no doubts that he will serve in court, and the Court of International he taught at Louisiana and UNLV, but the best traditions of the federal judi- Trade. In the last 24 hours we will have he will also represent the whole coun- ciary. approved five judges—a circuit court try, being a credit to the bar and to the If confirmed, Mr. Bybee’s service will judge, two trial court judges yesterday, judiciary. be an invaluable asset to the Ninth Cir- and two today. We are moving along The PRESIDING OFFICER. Who cuit Court of Appeals. As you are quite well. yields time? aware, the Ninth Circuit is facing an I am not going to get into we did this Mr. HATCH. Mr. President, I yield overwhelming caseload, and the seat and they did that. The fact is whoever such time as he needs to the distin- that Mr. Bybee has been nominated is did what, we are still filling a lot of ju- guished junior Senator from Nevada. designated as a ‘‘judicial emergency’’ dicial vacancies around the country. The PRESIDING OFFICER. The Sen- by the Judiciary Conference of the I think it is important that we pro- ator from Nevada. United States. ceed to recognize we have a problem Mr. ENSIGN. Mr. President, I thank Caseloads in the entire federal court with Mr. Estrada. I know my dear the senior Senator from Nevada, my system, including in the Ninth Circuit, friend, the junior Senator from Mis- colleague, Mr. REID, for all of the work continue to grow dramatically. Filings sissippi, the majority and minority he has done in helping us shepherd the in the federal appeals court reached an leader during my time here in the Sen- nomination of Jay Bybee through this all time high again last year. The Chief ate, recognizes that if he is going to nomination process for the Ninth Cir- Justice recently warned that the get Estrada done, something different cuit Court of Appeals. Without his alarming number of vacancies, com- has to be done than what we have been help, with the way things are around bined with the rising number of case- doing. here, we know this would not be hap- loads, threatens the proper functioning I read in today’s New York Times pening today. That would be a shame of the federal courts. The American where the junior Senator from Mis- because Jay Bybee is incredibly quali- Bar Association has called the situa- sissippi said—I am paraphrasing, but fied. Everybody who has ever been as- tion an ‘‘emergency.’’ he basically says: If we—talking about sociated with him understands that. There are currently four vacancies in the Republicans—want to get Estrada Mr. President, I rise today to speak the 28-judge court of the Ninth Circuit done, then we are going to have to do to my colleagues about a man of the Court of Appeals, with one more va- something different. And, obviously, highest legal distinction, Mr. Jay cancy already announced effective in what we want done is to have supplied Bybee. Mr. Bybee’s experience and November 2003. The Judicial Con- the records when he was in the Solici- background, and his unquestioned dedi- ference has asked for two new perma- tor’s Office and reconvene the com- cation to the fair application of the nent and three temporary seats on the mittee and have the hearing. law, make him an ideal nominee for Ninth Circuit, just to cope with the Now, there are people who may vote the Ninth Circuit Court of Appeals. caseload. That brings the total to 33 for Estrada, if we could get through As many of you know, Mr. Bybee ap- judges that are needed just to handle that process—Democrats. I think there peared before this body in 2001 as a the caseload on the Ninth Circuit. would be a number of them. But until nominee to serve as Assistant Attorney Today there are only 24 judges doing we get that information, and find out if General in the Office of Legal Counsel the job of 33. This situation has to something is being hidden—maybe at the Department of Justice. He was change.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3680 CONGRESSIONAL RECORD — SENATE March 13, 2003 That is why it is extremely impor- the right character to serve on the 9th been nominated by President Bush to tant that the Senate approve the nomi- Circuit. He has all the qualifications serve on the United States Court of Ap- nation of Jay Bybee today, and that we want for someone to be on the peals for the Ninth Circuit. Professor the Senate continue to consider each Ninth Circuit—and especially the Bybee has a sterling resume and a one of the President’s judicial nomina- Ninth Circuit, the most controversial record of distinguished public service. I tions as quickly as possible. circuit we have in the United States. know him personally. I am a personal I would like to thank the chairman As you know, this is the circuit that friend. I know his quality. I know what and the entire Judiciary Committee just ruled that the Pledge of Allegiance a good thinker he is. I know what a and their staff for their hard work in is unconstitutional, and this body great teacher he has been. I know what shepherding this nominee through the voted unanimously to condemn that a great job he has done down at Jus- process. I urge my colleagues in the and say we do not agree with that in- tice. He is a person everybody ought to Senate to vote in support of Jay terpretation. support because he is a truly wonder- Bybee’s appointment to the Ninth Cir- The Ninth Circuit needs help. We ful, upright, good, hard-working, intel- cuit today. need qualified judges to give that help. ligent individual. Mr. President, I first met Jay Bybee Jay Bybee is exactly the kind of person Professor Bybee is currently on leave a few years ago. I had previously heard we need to the 9th Circuit. There are from the University of Nevada at Las some great things from people in the currently four vacancies on the Ninth Vegas William S. Boyd School of Law, community of southern Nevada about Circuit, and soon to be a fifth. The Ju- where he has served as a professor this legal scholar out at the new UNLV dicial Conference recently also re- since the law school’s founding in 1999. Boyd School of Law. I wanted to sit quested two new permanent judges and Since October 2001, he has served as As- down and meet with him, to talk to three temporary judges. They have a sistant Attorney General for the De- partment of Justice Office of Legal him, and just pick his brain about the huge crisis on the Ninth Circuit be- Counsel. Notably, this is a post for- Constitution. cause there are so many backlogged merly held by two current Supreme I am a veterinarian by profession, so cases. It has been said on this floor: Court Justices. As head of the Office of I am not a lawyer and did not attend Justice delayed is justice denied. That Legal Counsel, Professor Bybee assists law school as many of our colleagues is what is happening in the Ninth Cir- the Attorney General in his function as have. I thought, the more I could learn cuit. legal advisor to the President and all from scholars such as Jay Bybee, the So it is important to approve Jay executive branch agencies. The office educated I would be and therefore the Bybee’s nomination today, and to also is responsible for providing legal better Senator I would be. begin our work to appoint other judges advice to the executive branch on all We sat down for over an hour. I could to fill those vacancies I mentioned. It constitutional questions and reviewing have stayed there all day. He has a fas- is my hope that we can get the new pending legislation for constitu- cinating mind. He has incredible judgeships approved through this body knowledge of the Constitution, of this tionality. so the Ninth Circuit can catch up on Professor Bybee, a California native, nation’s history and of case law. their caseload. attended Brigham Young University, When I first was elected to the Sen- So enthusiastically, Mr. President, I where he earned a bachelor’s degree in ate, because President Bush had been recommend that we vote to confirm economics, magna cum laude, and a elected I knew it would come upon me this outstanding nominee, Jay Bybee. law degree, cum laude. While in law to recommend judges for the State of He is a great family man. He will make school, he was a member of the BYU Nevada. I didn’t have many ties in the a great judge. And he will be there for Law Review. legal community, so I had to look to a long time, God willing, having a posi- Following graduation, Professor Nevadans on whom I could count on for tive influence on the Ninth Circuit. Bybee served as a law clerk to Judge advice. One of the people I went to was With that, I once again thank the Donald Russell of the Fourth Circuit Jay Bybee. He helped me tremendously senior Senator from Nevada. I also Court of Appeals before joining the in the interview process. thank the chairman of the Judiciary firm of Sidley & Austin—one of the I actually felt sorry for the people Committee for his work in getting Jay great law firms. In 1984, he accepted a who were coming before us because of Bybee’s nomination to the floor. We position with the Department of Jus- the difficulty and depth of the ques- appreciate all the indulgences. I know tice, first joining the Office of Legal tions Jay Bybee would ask them. It the Chairman has to constantly answer Policy, and then working with the Ap- was because of that experience, when to each individual Senator, and we can pellate Staff of the Civil Division. In this process came forward, that I sent be kind of a pain sometimes, but we that capacity, Professor Bybee pre- his name to the White House. sure appreciate the work done in get- pared briefs and presented oral argu- When the White House began to con- ting Jay Bybee’s nomination to this ments in the U.S. Courts of Appeals. sider Jay Bybee, they realized imme- day when we can finally get him con- From 1989 to 1991, Professor Bybee diately what a talent he is. That is why firmed. served as Associate Counsel to Presi- the Attorney General’s Office took him Mr. President, I yield the floor. dent George H.W. Bush. away from the Boyd School of Law, to The PRESIDING OFFICER. The Sen- Profeesor Bybee is a leading scholar the position he is now in, in the Attor- ator from Utah. in the areas of constitutional and ad- ney General’s Office. He advises the At- Mr. HATCH. Mr. President, I thank ministrative law. Before he joined the torney General on constitutional mat- my two colleagues from Nevada. You law faculty at UNLV, he established ters. That is how much they think of very seldom see two colleagues from his scholarly credentials at the Paul M. his constitutional expertise. different parties working so well to- Hebert Law Center at Louisiana State At the Boyd School of Law, and in gether. They are both excellent people. University, where he taught from 1991 the legal community in Nevada, there We all respect Senator REID. He is to 1998. His colleagues have described is nobody more highly thought of as a one of the moderate voices around here Professor Bybee as a first-rate teacher, constitutional expert than Jay Bybee— who tries to get things to work. And I a careful and balanced scholar, and a both liberals and conservatives. They personally appreciate it. And the dis- hardworking and open-minded indi- understand his expertise and the way tinguished junior Senator from Ne- vidual with the type of broad legal ex- he looks at law. Literally, I have vada, Mr. ENSIGN—I have not seen a perience the Federal bench needs. talked to students from the far left end better Senator in years. He is certainly Professor Bybee comes highly rec- of the political spectrum to the far making a difference on our side. And I ommended. One of his supporters is Mr. right end of the political spectrum, and believe, working with his colleague on William Marshall, a professor of law at they all talk about him with glowing the other side, he is getting a lot of the University of North Carolina. Mr. remarks. It is truly amazing. I think it things done for Nevada and for the Marshall served in a number of high- tells a lot to his character and a lot to Intermountain West, and it is terrific. level posts in the Clinton administra- his intellect. So I pay tribute to both of them. tion including a stint as Deputy White I think he has the right tools intel- I am pleased we are considering the House Counsel and, notably, as a coun- lectually, the right temperament and nomination of Jay S. Bybee who has sel in the Office of Legal Policy at the

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Bybee, Mr. Marshall said: thing with it, convinces me that I (Ms. MURKOWSKI assumed the The combination of his analytic skills would rather have him be a federal chair.) along with his personal commitment to fair- judge than many or most who share Mr. HATCH. Madam President, I am ness and dispassion lead me to conclude that more closely my own politics.’’ confident that as the Senate confirms he will serve in the best traditions of the The committee has received similar Professor Bybee, Democrats and Re- Federal judiciary. He understands the rule of letters in support of Professor Bybee publicans can all share in the pride of law and he will follow it completely. from law professors and administrators a job well done. This Senate will have Stuart Green, a law professor at Lou- throughout the nation, including the properly exercised its proper constitu- isiana State University who describes Dean of The George Washington Uni- tional role of advice and consent. I himself as a ‘‘liberal Democrat and ac- versity Law School. urge my colleagues to support this tive member of the ACLU,’’ said: I ask unanimous consent that these nomination. I have always found [Jay Bybee] to be an supporting Professor Bybee’s nomina- I yield the floor. extremely fair-minded and thoughtful per- EXHIBIT 1 son. Indeed, Jay truly has what can best be tion be printed in the RECORD at the described as a ‘judicious’ temperament, and I conclusion of my remarks. UNIVERSITY OF NORTH CAROLINA would fully expect him to be a force for rea- The PRESIDING OFFICER. Without SCHOOL OF LAW, sonableness and conciliation on a court that objection, it is ordered. Chapel Hill, NC, January 27, 2003. has been known for its fractiousness. (See exhibit 1). Re: Jay Bybee. This self-described liberal Democrat Mr. HATCH. The legal bar’s wide re- Hon. ORRIN G. HATCH, states that Professor Bybee will bring gard for Professor Bybee is reflected in Chairman, Committee on the Judiciary, U.S. some balance to the Ninth Circuit. I re- his evaluation by the American Bar As- Senate, Russell Senate Office Building, sociation. Based on his professional Washington DC. mind my colleagues that in this court DEAR CHAIRMAN HATCH: I am writing this 14 of the 24 active judges, including 14 qualifications, integrity, professional on behalf of the nomination of Jay Bybee to of the last 15 confirmed, were ap- competence, and judicial temperament, the Ninth Circuit Court of Appeals. pointed by President Clinton. the ABA has bestowed upon Professor First let me introduce myself. I am cur- This court was recently in the news Bybee a rating of Well Qualified. rently the Kenan Professor of Law at the with yet another controversial deci- This Senate has previously found University of North Carolina School of Law sion. We are all familiar with the Ninth Professor Bybee worthy of confirma- and have taught law for almost 20 years. I Circuit’s recent ruling which held the tion for a position of high responsi- also worked in the Clinton Administration bility in the government, and I am con- as the Deputy Counsel to the President Pledge of Allegiance to the Flag as un- under Beth Nolan and previously as an Asso- constitutional under the Establish- fident it will do so again today. ciate Counsel to the President under Charles ment Clause because the Pledge con- Professor Bybee is providing the Na- Ruff. In addition, I served under Assistant tains the phrase ‘‘under God.’’ tion with exceptional service in his Attorney General Eldie Acheson in the Jus- The Ninth Circuit’s high reversal current position as Assistant Attorney tice Department during the spring and sum- rate by the Supreme Court is well doc- General in charge of the Office of Legal mer of 1993 during which my task was to umented, but less well known is the Counsel. This office assists the Attor- begin the processes of judicial selection for Ninth Circuit’s propensity for revers- ney General in his function as legal ad- Clinton Administration appointments. I am visor to the President and all the exec- therefore well familiar with the judicial se- ing death sentences, with some judges lection process. voting to do so almost as a matter of utive branch agencies. I have come to know Jay Bybee in my course. No doubt the Ninth Circuit has The office drafts legal opinions of the work as a law professor both through his some of the nation’s most intelligent Attorney General and also provides its writings and through the interactions we judges, but some cannot seem to follow own written opinions and oral advice in have had at numerous legal conferences and the law. Just this term, the U.S. Su- response to requests from the Counsel academic events. He is an extremely impres- preme Court summarily reversed the to the President, the various agencies sive person. To begin with, he is a remark- Ninth Circuit three times in one day of the executive branch, and offices able scholar. His ideas are creative, insightful, and stimulating and his analysis is care- and vacated an opinion 9–0. within the department. Such requests typically deal with legal issues of par- ful and precise. I believe him to be one of the With two judicial emergencies in the most learned and respected constitutional Ninth Circuit, Professor Bybee is the ticular complexity and importance or law experts in the country. type of judge we need. He is committed issues about which two or more agen- He is also an individual with exceptional to applying and upholding the law. He cies are in disagreement. personal qualities. I have always been struck will be a terrific judge. That circuit The office also is responsible for pro- by the balance that he brings to his legal represents over 9 million people, the viding legal advice to the executive analysis and the sense of respect and def- largest in the country. It has the most branch on all constitutional questions erence that he applies to everybody he en- and reviewing pending legislation for counters—including those who may disagree judges on a circuit court of appeals in with him. He is someone who truly hears and the Nation. They need him. constitutionality. All executive orders considers opposing positions. Most impor- Additional letters in support of Pro- and proclamations proposed to be tantly he is a person who adheres to the fessor Bybee illustrate his professional issued by the President are reviewed by highest of ethical standards. I respect his incompetence and personal characteris- the Office of Legal Counsel for form tegrity and trust his judgement. tics which will serve him well on the and legality, as are various other mat- Needless to say, I believe that Jay Bybee’s bench. Colleagues at UNLV deserve ters that require the President’s formal professional and personal skills make him an Professor Bybee as ‘‘widely and prop- approval. outstanding candidate for a federal judge- erly regarded as a leading constitu- In addition to serving as, in effect, ship. The combination of his analytic skills along with his personal commitment to fair- tional law expert, and his expertise ex- outside counsel for the other agencies ness and dispassion lead me to conclude that tends to many other areas of law as of the executive branch, the Office of he will serve in the best traditions of the fed- well. . . . Bybee is highly intelligent, Legal Counsel also functions as general eral judiciary. He understands the rule of industrious, diligent, and responsible. counsel for the Department itself. It law and he will follow it completely. He is an He has outstanding judgment and is a reviews all proposed orders of the At- exceptional candidate for the Ninth Circuit rock of stability. . . . Perhaps above torney General and all regulations re- and I support his nomination without res- all, he respects and works effectively quiring the Attorney General’s ap- ervation. proval. It also performs a variety of I hope these comments are helpful to you. with persons of diverse perspectives, Please feel free to contact me if you have temperaments, and ideology.’’ special assignments referred by the At- any further questions. Another colleague of Professor Bybee torney General or the Deputy Attorney Sincerely, wrote, ‘‘I should note that my personal General. In this position, Professor WILLIAM P. MARSHALL, politics are quite different from Bybee has performed in an outstanding Kenan Professor of Law.

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UNIVERSITY OF GLASGOW our country, which has called him to the dents, and administrators whose views span SCHOOL OF LAW, United States Court of Appeals. the political spectrum. Glasgow, Scotland, January 13, 2003. Professor Bybee will answer that call ex- In sum, I have every confidence that Bybee Hon. ORRIN G. HATCH, cellently. He is very smart, very thorough will be an outstanding federal judge. He will Chairman, Committee on the Judiciary, U.S. and very knowledgeable about the demand- contribute positively to the sound applica- Senate, Dirksen Senate Office Building, ing legal issues that confront our country tion and development of the law and to the Washington, DC. and our courts. He is a creative thinker, but wise administration of it. He is exceptionally DEAR CHAIRMAN HATCH: I am delighted to one whose creativity is appropriately tem- able and well qualified. I hope that your have the opportunity to recommend to you pered by rigorous legal analysis. More impor- Committee will act rapidly and positively on my former colleague, Jay Bybee, who has tantly, he is a compassionate and decent per- his nomination. Please contact me if you been nominated to a seat on the U.S. Ninth son who will approach his work in humane have any questions. Thank you. Circuit Court of Appeals. I got to know Jay and very reasonable ways. Sincerely, Bybee during the approximately four years While those of us on the Boyd Law School STEVE JOHNSON, we served together on the Louisiana State faculty come from many backgrounds and E.L. Wiegand Professor of Law. University law faculty, where I am a pro- hold a variety of views on important societal fessor of law. (During the 2002–03 academic issues, I think that we all agree on at least UNIVERSITY OF NEVADA LAS VEGAS, year, I am on sabbatical, serving as Ful- three things: that Jay Bybee is a wonderful WILLIAM S. BOYD SCHOOL OF LAW, bright Distinguished Scholar to the United colleague who has earned our high esteem; Las Vegas, NV, January 30, 2003. Kingdom, in residence at the University of that his departure from our faculty weakens Hon. ORRIN G. HATCH, Glasgow.) our law school; and that his elevation to the Chairman, Committee on the Judiciary, U.S. Jay is a person of high intelligence, gen- federal judiciary will improve our courts and Senate, Dirksen Senate Office Building, uine decency, and a strong work ethic. He our country. President Bush has chosen well, Washington, DC. was an always reliable and generous col- and I hope that you will confirm his choice. DEAR MR. CHAIRMAN: I write to offer my league, a popular and effective teacher, and Please let me know if you would like fur- strongest recommendation that the Senate a creative and insightful scholar. He must ther information or comment from me. confirm the nomination of Jay Bybee to be a surely be regarded as one of the leading con- Thank you for your service to our country. judge on the Ninth Circuit Court of Appeals. stitutional law thinkers in the United Best regards. I clerked for a Ninth Circuit Court of Ap- States, particularly with respect to ques- Very truly yours, peals judge in 1979–1980, so I have a pretty tions of separation of powers and the religion RICHARD J. MORGAN, strong idea of what is involved in holding clauses of the First Amendment. I have no Dean. this position. I have also known Mr. Bybee doubt that he will quickly establish himself since 1987 and have tremendous confidence as a leading member of the Ninth Circuit UNIVERSITY OF NEVADA LAS VEGAS, that he is a person of great legal knowledge Court of Appeals. WILLIAM S. BOYD SCHOOL OF LAW, and sound judgment. Without question he Jay and I differ on many issues of politics Las Vegas, NV, January 30, 2003. has the ability and motivation to give cases and law (unlike Jay, I am a liberal Democrat Hon. ORRIN G. HATCH, the careful attention and thought they de- and active member of the ACLU). Yet I have Chairman, Committee on the Judiciary, U.S. serve. I carefully reviewed Jay’s legal schol- always found him to be an extremely fair- Senate, Dirksen Senate Office Building, arship when he taught law at Louisiana minded and thoughtful person. Indeed, Jay Washington, DC. State University and recommended his pro- truly has what can best be described as a DEAR MR. CHAIRMAN: I write to state my motion and tenure there. His scholarship is ‘‘judicious’’ temperament, and I would fully strong support for Jay S. Bybee, who was re- very strong and analytical, and it is clear expect him to be a force for reasonableness nominated on January 7 by President George that he brings a careful and thoughtful mind and conciliation on a court that has been W. Bush to be a judge of the United States to bear in addressing legal problems. known for its fractiousness. Court of Appeals for the Ninth Circuit. I Jay is also a person of great integrity, and In short, I am pleased to recommend Jay have known Bybee since 2001 when we both we can be confident that he will represent Bybee enthusiastically and without any res- were members of the faculty of the William the nation well in his professional and per- ervation to be a judge of the U.S. Ninth Cir- S. Boyd School of Law of the University of sonal endeavors. In the years I have known cuit Court of Appeals. Nevada, Las Vegas. Jay, I have felt great confidence that his Sincerely, I had the privilege of working directly and word was his bond. This is among the reasons STUART P. GREEN. substantially with Bybee on Law School why, when in 1999 I reported to join the fac- committees, in faculty meetings, and in a ulty here at Boyd School of Law at the Uni- UNIVERSITY OF NEVADA LAS VEGAS, variety of informal contexts. I also have read versity of Nevada, Las Vegas, I invited Jay WILLIAM S. BOYD SCHOOL OF LAW, much of his published work and have dis- to co-author with me a book on the Ninth Las Vegas, NV, January 29, 2003. cussed him and his work with numerous and Tenth Amendments—a work we are still Hon. ORRIN G. HATCH, other law professors, at the Boyd School of working to complete. Jay’s interests in legal Chairman, Committee on the Judiciary, U.S. Law and other law schools, and with numer- scholarship reflect the range of interests he Senate, Dirksen Senate Office Building, ous of his students. has, and he would bring to this position an Washington, DC. Based on these contacts and associations, I awareness of the importance of structural DEAR CHAIRMAN HATCH: I enthusiastically strongly commend Bybee to you. For three issues relating to government powers as well support the nomination of Jay S. Bybee to reasons, I am confident he would be an out- as the fundamental importance of individual the United States Court of Appeals for the standing federal appellate judge. First, rights. Whether I was a member of the execu- Ninth Circuit, and I hope that you and your Bybee clearly has deep and extensive knowl- tive branch or the legislative branch of gov- colleagues will confirm his nomination. Pro- edge of the law. He is widely and properly re- ernment, I would feel greatly reassured in fessor Bybee is an outstanding teacher, garded as a leading constitutional law ex- knowing the important issues relating the scholar, lawyer, public servant and human pert, and his expertise extends to many scope of governmental powers would be ad- being. He will become a splendid judge, ex- other areas of law as well. By virtue of his dressed by one with Jay’s background, exper- actly the sort who ought to sit on the appel- private practice, government practice, and tise, and judgment. late courts of our country. academic experience, he is well rounded and If I could be of any further assistance to I have known Jay Bybee for about five superbly knowledgeable in the law. the committee or the Senate in deciding years, since I began to recruit him for a posi- Second, Bybee’s ability to commmunicate whether to confirm the nomination of Mr. tion on the founding faculty of our new law and teach are extraordinary. As a teacher, he Bybee, I would be happy to do so. I have school here at UNLV. We were very fortu- is held in near legendary status here. His total confidence that he would be a thought- nate to recruit a faculty member of Jay’s skill as a teacher established a standard that ful, perhaps even brilliant judge. quality—he is a superb teacher, a very well- few other law professors can meet. The im- Sincerely, published scholar and a very productive and portance of federal appellate decisions lies THOMAS B. MCAFFEE, collegial faculty member—and he, in turn, not only in correct outcomes but also in the Professor of Law. helped us to hire other members of what has clarity and explanatory force of the opinions become an excellent faculty. Moreover, in that justify the outcomes reached. Bybee’s THE GEORGE WASHINGTON his years on our faculty, Professor Bybee skill as a communicator and teacher will UNIVERSITY LAW SCHOOL, helped us to build an excellent law school, serve the nation well. Washington, DC, January 30, 2003. teaching important courses, chairing key Third, Bybee’s exemplary personal quali- Re Nomination of the Honorable Jay S. committees, producing excellent scholarship, ties will enhance his value as a judge. Bybee Bybee to the U.S. Court of Appeals for speaking widely in our community, and serv- is highly intelligent, industrious, diligent, the 9th Circuit. ing as an example of an excellent public law- and responsible. He has oustanding judgment Hon. ORRIN G. HATCH, yer and scholar. We had hoped that he would and is a rock of stability when seas become Chairman, Committee on the Judiciary, U.S. return to our faculty at the conclusion of his stormy. Perhaps above all, he respects and Senate, Dirksen Senate Office Building, service as Assistant Attorney General for works effectively with persons of diverse per- Washington, DC. the Office of Legal Counsel, but those hopes spectives, temperaments, and ideology. He is DEAR CHAIRMAN HATCH: I write in support have now been superceded by the needs of uniformly respected here by faculty, stu- of the nomination of the Honorable Jay S.

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Bybee to the United States Court of Appeals I have gone on at perhaps too much length, judge confirmations a year over the 61⁄2 for the 9th Circuit. I have known Jay in both but I strongly support this nomination. Jay years it previously controlled this his professional and governmental capacities has all the professional and, more impor- process. By contrast, the Democratic and I have little doubt he will be a superb tantly, in my judgment, personal attributes majority confirmed 17 circuit judges in judge. of a great judge. I sincerely hope he will be- In the first place, Jay is, simply put, very come one. 17 months for President Bush, in addi- smart, a highly useful attribute for a judge, Thank you for allowing me to submit this tion to 83 district court judges. in my opinion. He graduated with honors letter in support of Jay. In terms of percentages, which is from both college and law school. But even With best regards. what Republicans love to cite, the per- more to the point, that legal work with Sincerely yours, centage of circuit nominees of Presi- which I am familiar is outstanding. He has a MICHAEL K. YOUNG, dent Clinton confirmed under the Re- remarkable ability to digest an extraor- Dean. publican majority in the 107th Con- dinary amount of material and then, sorting gress was 0; the percentage confirmed BOSTON COLLEGE the wheat from the chaff, produce a succinct, in the 106th Congress was 44 percent; cogent analysis of the problem at hand. His LAW SCHOOL, law review articles are of the highest qual- Newton, MA, January 22, 2003. the percentage confirmed in the 105th ity, thoroughly researched, impressively Hon. PATRICK J. LEAHY, Congress was 66 percent; and the per- documented, carefully analyzed and grace- Ranking Member, Committee on the Judiciary, centage confirmed in the 104th Con- fully written, His briefs exhibit a complete— U.S. Senate, Dirksen Senate Office Build- gress was 55 percent. In fact, despite and honest—explication of the relevant au- ing, Washington, DC. the percentage for a full Congress, in thorities and a thoughtful marshaling of the DEAR SENATOR LEAHY: I am delighted that four of their six full years, they con- evidence in support of his position. They are Jay Bybee has been nominated for the 9th firmed 33 percent or less of President all models of legal craftsmanship. He will Circuit. I have known Mr. Bybee for almost Clinton’s circuit court nominees. In two decades. We both served in Washington undoubtedly apply these hightly honed ana- less than a full Congress, after assum- lytical skills to the inescapably difficult in the 1980s, overlapping at the Justice De- problems federal judges face. partment in 1984. I have had frequent contact ing the majority in the summer of 2001 Jay also seems to understand well the with Mr. Bybee since then, because we both and in spite of the 9/11 attacks and the amount of energy and efforts necessary to have taught constitutional law, and written anthrax attacks and all the disruptions solve complex legal problems. He is a tireless articles in many of the same areas. Mr. and priorities in those 17 months, the worker producing impressive amounts of Bybee is, among legal academics, one of the Democratically-led Senate not only work at a very high level of quality. He will best known and best respected writers on the held hearings on 20 circuit nominees, bear up well under the extraordinary work- subjects of federalism and separation of pow- the Judiciary Committee voted on 19 ers. I have been impressed with his calm and load our federal judges face. and the Senate confirmed 17 for a 53 I am also impressed with the breadth of approachable demeanor, his ability to ex- Jay’s legal experience. He has worked for a plain difficult legal concepts in understand- percent confirmation rate of the Presi- year on a court. He has practiced in the pri- able terms, and his fairness and open-mind- dent’s controversial slate of circuit vate sector. He has worked at both a staff edness in dealing with those who have intel- nominees. and political level in the government. And he lectual disagreements with him. Those considering these matters has spent time as an academic, reflecting on Mr. Bybee has also had a wealth of signifi- might contrast the progress in which the broader purposes of the law. He has been cant legal experience since his graduation Democrats are assisting with the start exposed to the operation of the law in almost from law school twenty-three years ago. As a of the last Congress in which the Re- every imaginable setting. All of this experi- private lawyer he has acquired expertise in publican majority in the Senate was issues concerning transportation and com- ence will undoubtedly inform his judicial de- delaying consideration of President liberations in highly useful ways. munication. In the Civil Division of the Jus- I have also always found Jay enormously tice Department for five years he acquired a Clinton’s judicial nominees. In 1999, the balanced, and fair in both his professional wealth of knowledge about the standard first hearing on a judicial nominee was judgments and his personal dealings. He has business of the agencies of government. He not until mid-June. The Senate did not political views, to be sure, but he is no ideo- has handled with considerable skill more reach 11 confirmations until the end of logue. I have even seen him change his mind, than three dozen appellate cases for the July of that year whereas we will reach something incredibly rare in the academy. I United States. He served on the White House that benchmark this year before St. think any petitioner will justifiably have staff for two years as associated counsel to Patrick’s Day. Accordingly, the facts great confidence that his pleas will receive a the first President Bush. And I think he has show that Democratic Senators are fair, just and sympathetic hearing. done a terrific job of running the Office of I also think Jay has a happily well-devel- Legal Counsel for the past few months. I being extraordinarily cooperative with oped sense of the majesty and dignity of the think that he will be a splendid addition to a Senate majority and a White House law. He is well attuned to the importance of the 9th Circuit. that refuses to cooperate with us. We the law in protecting our rights, redressing Sincerely, have made progress in spite of them. our grievances, and protecting us from the JOHN H. GARVEY, Indeed, by close of business today, we pressure of both our neighbors and, on occa- Dean. will have reduced vacancies on the sions, the government. At the same time, I Federal courts to under 55, which in- think he understands—and understands Mr. LEAHY. Mr. President, in spite cludes the 20 judgeships Democrats well—the limits of legal redress. The courts of the intransigence of the White House newly authorized in the 21st Century are not legislators and I do not think Jay and the overreaching of the Republican Department of Justice Appropriations would ever confuse the two. In short, I think majority here in the Senate, I believe he has a sophisticated and appropriate appre- Authorization Act last year. That is an the Senate will, by the end of this extremely low vacancy number based ciation of the role of the judge and the week, have moved forward to confirm courts in our political and legal system. Jay on recent history and well below the 67 will prove a very good judge, someone we 111 of President Bush’s judicial nomi- vacancies that Senator HATCH termed will all be proud to claim, whatever our per- nations since July 2001. That total ‘‘full employment’’ on the federal sonal view of the appropriate line between would include 11 judges confirmed so bench during the Clinton Administra- courts and legislators. far this year and of those 7 would be tion. Finally, I would be remiss if I did not confirmed this week. Consideration of Turning to the nomination now be- stress just how extraordinarily decent Jay this controversial nomination of Jay S. fore the Senate, the nomination of Jay is. Even on first meeting, it is clear he is a Bybee to the United States Court of thoughtful, considerate, indeed, kind person. S. Bybee for a lifetime appointment to But much more importantly, my every con- Appeals for the Ninth Circuit is the the Ninth Circuit Court of Appeals is a tact has also convinced me he is a person of 18th circuit nomination considered for difficult one for me. It is made all the unshakable integrity. He is clear and en- this President since July 2001. The 17 more difficult by the respect I have for tirely transparent about his core values. And others were each confirmed, some like the senior Senator from Nevada, who they are absolutely the right ones. They Judge Shedd and Judge D. Brooks has supported this nomination. revolve around family, community and coun- Smith with significant opposition. I think that Senator BIDEN made a try. They bespeak a fidelity to law as both a Nonetheless, Democrats have moved compelling case against this nomina- device to ensure that all have the oppor- forward almost twice as promptly on tunity to reach their fullest capacity, as well tion in his statement to the Judiciary as a shield against man’s least worthy im- this President’s circuit nominees as Committee. I know that we intended to pulses. He is honest, forthright and entirely the Republican majority did on Presi- and did establish a separate Violence respectful of the dignity of everyone he dent Clinton’s circuit nominees. The Against Women Office at the Depart- meets. Republican majority averaged 7 circuit ment of Justice and a Director subject

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How Mr. Bybee could misinter- which passes judgment on those who meeting as a Senator on the Judiciary pret that measure is beyond me. will interpret the rule of law,’’ that it Committee in 1979 that Chairman KEN- Mr. Bybee appeared before the Judi- acted in conscious disregard of the NEDY, Senator THURMOND, Senator ciary Committee in 2001 when he was rules that were established to govern Dole, Senator COCHRAN and others dis- nominated to serve at the Department its proceedings. If this is what those cussed adding this rule to those of the of Justice. During that confirmation who pontificate about ‘‘strict construc- Judiciary Committee. Senator Thur- hearing, Mr. Bybee promised the Judi- tion’’ mean by that term, it translates mond, Senator HATCH and the Repub- ciary Committee that as Assistant At- to winning by any means necessary. If lican minority at that time took a po- torney General, he would ‘‘not trample this is how the judges of the judicial sition against adding the rule and ar- civil rights in the pursuit of terrorism’’ nominees act, how can we expect the gued in favor of any individual Senator and that he would ‘‘bring additional nominees they support as ‘‘strict con- having a right to unlimited debate—so sensitivity to the rights of all Ameri- structionists’’ to behave any better? that even one Senator could filibuster cans’’ to his work at the Justice De- Given this action in disrespect of the a matter. Senator HATCH said that he partment. Given the veil of secrecy im- rights of the minority, how can we ex- would be ‘‘personally upset’’ if unlim- posed by the Administration, I have se- pect the Judiciary Committee to place ited debate were not allowed. rious concerns about how the Depart- individuals on the bench that respect Senator HATCH explained: ment of Justice has been operating. the rule of law? There are not a lot of rights that each indi- Unfortunately, Mr. Bybee’s hearing In my 29 years in the Senate and in vidual Senator has, but at least two of them for judicial office took place on a par- my reading of Senate history, I cannot are that he can present any amendments ticularly busy morning when many think of so clear a violation of Sen- which he wants and receive a vote on it and Senators had other committee obliga- number two, he can talk as long as he wants ators’ rights. to as long as he can stand, as long as he feels tions and during the Secretary of As Chairman of the Agriculture Com- strongly about an issue. I think those rights State’s address to the United Nations mittee, as Chairman of the Sub- are far superior to the right of this Com- regarding Iraq. Many of us were unable committee on Foreign Operations of mittee to rubber stamp legislation out on to attend Mr. Bybee’s hearing in person the Appropriations Committee and as the floor. that day. At least five of us submitted Chairman of the Judiciary Committee, It was Senator Dole who drew upon detailed sets of written questions to I strove always to protect the rights of his Finance Committee experience to ask about the Justice Department and the minority. I did not always agree suggest in 1979 that the Committee some controversial views he has taken with what they were saying or doing, I rule be that ‘‘at least you could require in his academic writings and speeches did not always find it convenient, but I the vote of one minority member to before the Federalist Society. protected their rights. It was not al- terminate debate.’’ Senator COCHRAN I have given a lot of thought to this ways as efficient as I might have liked, likewise supported having a ‘‘require- nomination. I have concerns that Mr. but I protected their rights. That is ment that there be an extraordinary Bybee was chosen to be another in a basic to this democracy and funda- majority to shut off debate in our Com- long line of circuit court nominees mental to the Senate of the United mittee.’’ from this President who will prove to States. Senators respect other Sen- The Judiciary Committee proceeded be an ideologically driven conservative ators’ rights and hear them out. to refine its consideration of what be- activist if accorded lifetime tenure on There is no question that the Senate came Rule IV, which was adopted in the Court of Appeals. majority is in charge and responsible 1979 and has been maintained ever However, Senator REID knows Mr. for how we proceed. I understand that since. It struck the balance that Re- Bybee and supports his confirmation. and always have—I wish Republicans publicans had suggested of at least Mr. Bybee is obviously conservative, had shared that view when I chaired having the agreement of one member but we’ve had a chance to review his the Judiciary Committee last year. But of the minority before allowing the articles and speeches and no one has in the Senate, the majority’s power is Chairman to cut off debate. called into question his ability and circumscribed by our rules and tradi- That protection for the minority has commitment to setting aside his views tional practices. We protect and re- been maintained by the Judiciary Com- as a judge. spect the rights of the minority in this mittee for the last 24 years under five On the very day that Democrats co- democratic institution for the same different chairmen—Chairman KEN- operated in debating and voting on the reason we steadfastly adhere to the NEDY, Chairman Thurmond, Chairman Bybee nomination in Committee, our Bill of Rights. BIDEN, under Chairman HATCH pre- cooperation was rewarded by the Re- I, too, am gravely concerned about viously and during my tenure as chair- publican majority violating our rights. this abuse of power and breach of our man. Republicans violated our longstanding committee rules. When the Judiciary Rule IV of the Judiciary Committee Judiciary Committee rules and unilat- Committee cannot be counted upon to provides the minority with a right not erally declared the termination of de- follow its own rules for handling im- to have debate terminated and not to bate on two other controversial circuit portant lifetime appointments to the be forced to a vote without at least one court nominations, John Roberts and Federal judiciary, everyone should be member of the minority agreeing. That Justice Deborah Cook that very morn- concerned. In violation of the rules rule and practice had until last month ing. that have governed that committee’s always been observed by the com- Senator DASCHLE termed this unilat- proceedings since 1979, the chairman mittee, even as we have dealt with the eral action deeply troubling and a chose to ignore our longstanding com- most contentious social issues and ‘‘reckless exercise of raw power by a mittee rules and short-circuit com- nominations that come before the Sen- Chairman,’’ and he is right. He ob- mittee consideration of the nomina- ate. served that the work of this Senate has tions of John Roberts and Justice Until last month, Democratic and for over 200 years operated on the prin- Deborah Cook. Senator DASCHLE spoke Republican chairmen had always acted ciple of civil debate, which includes to that matter that day. Judiciary to protect the rights of the Senate mi- protection of the minority. When a Committee members, Senator FEIN- nority. The rule has been the commit- chairman can on his own whim choose STEIN, Senator SCHUMER, Senator DUR- tee’s equivalent to the Senate’s cloture to ignore our rules that protect the mi- BIN and Senator FEINGOLD have also rule in Rule 22. It had been honored by nority, not only is that protection lost, spoken to the Senate about this breach all five Democratic and Republican but so is an irreplaceable piece of our of our rules, as well as a number of chairman, including Senator HATCH— integrity and credibility. other liberties that Republicans have until last month. The Democratic leader noted that been taking with the rules. It was rarely utilized but Rule IV set faithful adherence to longstanding Since 1979, the Judiciary Committee the ground rules and the backdrop rules is especially important for the has had this particular committee rule against which rank partisanship was

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However, Rule IV also per- In his recent letter to Senator mits the chairman of the Committee to en- Besides protecting minority rights, it DASCHLE, Senator HATCH declares that enforced a certain level of cooperation tertain a non-debatable motion to bring any matter to a vote. he ‘‘does not believe that Committee between the majority and minority in The rule also provides as follows: ‘‘The filibusters should be allowed.’’ It is order to get anything accomplished. Chairman shall entertain a non-debatable Senator HATCH who has ‘‘turned Rule 4 That, too, has been lost as the level of motion to bring a matter before the Com- on its head’’ last month, after 24 years partisanship on the Judiciary Com- mittee to a vote. If there is objection to of consistent interpretation and imple- mittee and within the Senate reached a bring the matter to a vote without further mentation by five chairmen. Never be- debate, a rollcall vote of the Committee new level when Republicans chose to fore his letter to Senator DASCHLE has shall be taken, and debate shall be termi- override our governing rules of conduct anyone since the adoption of the rule and proceed as if the Senate Judiciary nated if the motion to bring the matter to a vote without further debate passes with ten in 1979 ever suggested that its purpose Committee were a minor committee of votes in the affirmative, one of which must was to be narrowed and redirected to the House of Representatives. be cast by the Minority.’’ thwart ‘‘an obstreperous Chairman who The premature and unilateral termi- Thereafter, given the objection, the refuses to allow a vote on an item on nation of debate in committee last committee proceeded to a roll call vote the Agenda.’’ After all, as Senator month was apparently a premeditated whether to end the debate. That was HATCH recognizes in his letter, it is the act. Senator HATCH indicated that he consistent with our longstanding rule. chairman’s prerogative to set the agen- had checked with the parliamentarians In that case, Chairman HATCH followed da for the mark-up. in advance, and he apparently con- the rules of the committee. This revisionist reading of the rule is cluded that he had the raw power to ig- At the beginning of our executive not justified by its adoption or its prior nore our committee rule and so long as business meeting on February 27, I refuse and appears to be nothing other all Republicans on the committee erenced the Committee’s rules and dur- than an after-the-fact attempt to jus- stuck with him, he would do so. I un- ing the course of the debate on nomina- tify the obvious breaches of the long- derstand that the parliamentarians ad- tions both Senator KENNEDY and I standing Committee rule and practice vised Senator HATCH that there is no sought to have the committee follow that occurred last month. It was not enforcement mechanism for a violation them. We were overridden. even articulated contemporaneously at of committee rules and that the parlia- Last month, the bipartisan tradition the business meeting. mentarians view Senate Committees as and respect for the rights of the minor- I appreciate the frustrations that ac- ‘‘autonomous’’. I do not believe that ity ended when Chairman HATCH de- company chairing the Judiciary Com- they advised Senator HATCH that he cided to override Rule IV rather than mittee. I know the record we achieved should violate our Committee rules or follow it. He did so expressly and inten- during my 17 months of chairing that that they interpreted our Committee tionally, declaring: ‘‘[Y]ou have no committee, when we proceeded with rules. right to continue a filibuster in this hearings on more than 100 of President I cannot remember a time when then- committee.’’ Bush’s judicial nominees and scores of Chairman KENNEDY or Chairman THUR- Chairman HATCH decided, unilater- his executive nominees, including ex- MOND or Chairman BIDEN would have ally, to declare the debate over even tremely controversial nominations, even considered violating their respon- though all members of the minority when we proceeded fairly and in ac- sibility to the Senate and to the com- were prepared to continue the debate cordance with our rules and committee mittee and to our rules. Accordingly, and it was, in fact, terminated pre- traditions and practices to achieve al- we have never been faced with a need maturely. I had yet to speak to any of most twice as many confirmation for for an ‘‘enforcement mechanism’’ or the circuit nominees on the agenda and President Bush as the Republicans had penalty for violation of a fundamental other Democratic Senators had more allowed for President Clinton, and committee rule. to say. know how that record was In fact, on the only occasion I can re- Senator HATCH completely reversed call when Senator HATCH was faced his own position from the Bill Lann mischaracterized by partisans. Those with implementing Committee Rule Lee nomination and took a step un- 100 favorably reported nominations in- IV, he did so. In 1997, Democrats on the precedented in the history of the com- cluded Michael McConnell, Dennis committee were seeking a Senate floor mittee. Contrast the statements of Shedd, D. Brooks Smith, John Rogers, Michael Melloy and many others. vote on President Clinton’s nomination Senator HATCH in 1979 when he sup- of Bill Lann Lee to be the Assistant ported unlimited debate for a single I know that sometimes a chairman Attorney General for Civil Rights at Senator—with Republicans in the mi- must make difficult decisions about the Department of Justice. nority—with his action overriding the what to include on an agenda and what Republicans were intent on killing rights of the Democratic minority and not to include, what hearings to hold the nomination in committee. The his recent letter to Senator DASCHLE in and when. In my time as chairman I committee rule came into play when in which, now that Republicans hold the tried to maintain the integrity of the response to an alternative proposal by Senate majority, he says that he ‘‘does committee process and to be bipar- Chairman HATCH, I outlined the tradi- not believe the Committee filibuster tisan. I noticed hearings at the request tion of our Committee. I said: should be allowed and [he] thinks it is of Republican Senators and allowed Re- This committee has rules, which we have a good and healthy thing for the Com- publican Senators to chair hearings. I followed assiduously in the past and I do not mittee to have a rule that forces a made sure the committee moved for- think we should change them now. The rules vote.’’ ward fairly on the President’s nomi- also say that 10 Senators, provided one of But our committee rule, while pro- nees in spite of the Administration’s those 10 is from the minority, can vote to viding a mechanism for terminating unwillingness to work with us to fill cut off debate. We are also required to have debate and reaching a vote on a mat- judicial vacancies with consensus a quorum for a vote. nominees and thereby fill those vacan- I intend to insist that the rules be ter, does so while providing a minimum cies more quickly. followed. A vote that is done contrary of protection for the minority. Even to the rules is not a valid one. this minimum protection will no But I cannot remember a time when Immediately after my comment, longer be respected by Chairman Chairman KENNEDY, Chairman THUR- Chairman HATCH abandoned his earlier HATCH. MOND, Chairman BIDEN, Chairman plan and said: Contrast Senator HATCH’s recogni- HATCH previously, or I, ever overrode I think that is a fair statement. Rule IV of tion in 1997 that Rule IV establishes a by fiat the right of the minority to de- the Judiciary Committee rules effectively Judiciary Committee ‘‘filibuster right’’ bate a matter in accordance with our establishes a committee filibuster right, as and that a ‘‘[a]bsent the consent of a longstanding committee rules and the distinguished Senator said. minority member of the Committee, a practices.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3686 CONGRESSIONAL RECORD — SENATE March 13, 2003 The committee and the Senate have Almost all of the 100 judges we con- All of the Democratic Senators who crossed a threshold of partisan over- firmed last Congress are conservative, serve on the Judiciary Committee have reaching that should never have been quite conservative. And with some, the asked the Chairman to reconvene the crossed. I urge the Republican leader- Senate has taken a significant risk hearing with Justice Cook and Mr. ship to recommit the nominations of that they will be activist judges with Roberts because of the circumstances Justice Deborah Cook and John Rob- lifetime tenure. We nonetheless moved under which it was held and not satis- erts to the Judiciary Committee so fairly and expeditiously on as many as factorily completed. We have also that they can be considered in accord- we could. We cut the number of vacan- taken the White House up on its offer ance with the committee’s rules. The cies on the courts from 110 to 59, de- to make the nominees available with a action taken last month should be viti- spite an additional 50 new vacancies joint letter seeking an opportunity to ated and order restored to the Senate that arose during my tenure. I recall make further inquiries of them. Re- and to the Judiciary Committee. that Senator HATCH took the position grettably, last Wednesday the White I urge the Republican leadership to in September of 1997 that 103 vacancies, House withdrew its offer and now re- rethink its missteps and urge the during the Clinton Administration, did fuses to proceed. That change of posi- chairman and the committee to dis- not constitute a ‘‘vacancy crisis.’’ He tion by the White House, on top of the avow the misinterpretation and viola- also stated repeatedly that 67 vacan- inadequate hearing on these important tions of Rule IV that occurred last cies meant ‘‘full employment’’ on the nominations, has created another im- month. federal courts. passe and unnecessary complication. We have also worked hard to report a Even with the vacancies that have That is why the minority, while pre- number of important executive and ju- arisen since we adjourned last year, we pared to debate and vote on the Bybee dicial nominees in spite of the contin- remain below the ‘‘full employment’’ nomination to the 9th Circuit and nine ued partisanship by the White House level that Senator HATCH used to draw other presidential nominations on Feb- and Senate Republicans. As Senator for the federal courts with only 60 cur- ruary 27, wished to continue the debate FEINSTEIN recently noted, we have co- rent vacancies on the District Courts on the Cook and Roberts nominations. operated by not insisting on our rights and Courts of Appeals. Unfortunately, Let me be specific: On January 29, to seven days notice or seven days the President has not made nomina- the Judiciary Committee met in an ex- holdover on various matters and we tions to almost two dozen of those traordinary session to consider six im- have not insisted on three days’ notice seats, and on more than one-half of the portant nominees for lifetime appoint- of items on the agenda. We have pro- current vacancies he has missed his ments to the federal bench, including ceeded to debate with less than a self-imposed deadline of a nomination three controversial nominees to circuit quorum present and Democrats have within 180 days. Of course, several of courts: Jeffrey Sutton, Justice Debo- been responsible for making quorum the nominations he has made are con- rah Cook and John Roberts. Several after quorum so that this committee troversial. Senators only officially learned the could conduct business. Ironically, we Last Congress, we worked hard to names of the nominees on the agenda did so even last month while our rights keep a steady pace of hearings, even for that hearing at 4:45 p.m. on Janu- were being violated. Order and comity though so many of this President’s ju- ary 28, the day before. need to be restored to the Judiciary dicial picks proved to be quite divisive On learning that the chairman in- Committee and to the Senate. An es- and raised serious questions about tended to include three controversial sential step in that process is the res- their willingness to be fair to all par- circuit court nominees on one hearing, toration of our rights under Rule IV ties. We held hearings for 90 percent of something virtually unprecedented in and recognition of our rights there- his nominees eligible for hearings, a the history of the committee, and abso- under. total of 103 nominees, including 20 cir- lutely unprecedented in this chair- There are continuing problems cuit court nominees. We voted on 102 of man’s tenure, Democrats on the com- caused by the administration’s refusal them, two of whom were defeated after mittee wrote to the Chairman to pro- to work with Democratic Senators to fair hearings and lengthy debate. The test. We explained that since 1985, select consensus judicial nominees who President has taken this unprecedented when Chairman Thurmond and Rank- could be confirmed relatively quickly action of re-nominating candidates ing Member BIDEN signed an agreement by the Senate. Despite the President’s voted down in committee in spite of about the pace of hearings and the lack of cooperation, the Senate in the the serious concerns expressed by fair- number of controversial nominees per 17 months I chaired the Judiciary Com- minded members of this committee. hearing, there has been a consensus on mittee was able to confirm 100 judges This year the committee has had a the committee that members ought to and vastly reduce the judicial vacan- rocky beginning with a hearing that be given ample time to question nomi- cies that had built up and were pre- has caused a great many problems that nees, and that controversial nominees vented by the Republican Senate ma- could have been avoided. The com- in particular deserve more time. jority from being filled by President mittee proceeded to a vote on the We explained that we were surprised Clinton. Estrada nomination and to a vote on by the chairman’s rush to consider Last year alone the Democratic-led the Sutton nomination and to votes on these three nominees at the same time, Senate confirmed 72 judicial nominees, the Bybee and Tymkovich nomina- considering the pace at which Presi- more than in any of the prior six years tions—all controversial nominations to dent Clinton’s nominees were sched- of Republican control. Not once did the circuit courts. uled for hearings. During the time Re- Republican-controlled committee con- The rushed processing of nominees in publicans controlled the Senate and sider that many of President Clinton’s these past few weeks has led to edi- Bill Clinton was president, there was district and circuit court nominees, torial cartoons showing conveyor belts never a hearing held to consider three even though there were often more ju- and assembly lines with Senators just circuit court nominees at once. Never. dicial nominees than that waiting for a rubber-stamping these important, life- Finally, we explained the importance hearing. In our efforts to turn the time appointments without sufficient of giving Senators sufficient time to other cheek and treat this President’s inquiry or understanding. What we are consider each nominee and properly ex- nominees better than his predecessor’s ending up with is a pile-up of nominees ercise their constitutional duty to give had fared, we confirmed 100 judges in 17 at the end of this rapidly-moving con- advice and consent to the President’s months. Yet, not a single elected Re- veyer belt. There is no way that we can lifetime appointments to the federal publican has acknowledged this tre- meaningfully keep up with our con- bench. mendous bipartisanship and fairness. stitutional duty to determine the fit- But our request went unanswered, When Chief Justice Rehnquist thanked ness of these nominees at this pace. and we were expected to question three the committee for confirming 100 judi- The quality of our work must suffer, nominees in the space of a single day. cial nominees, this was the first time and slippage in the quality of justice That proved impossible, as was evident our remarkable record had been ac- will necessarily follow. I hope we will throughout that long day. My col- knowledged by anyone from a Repub- do all we can to prevent more of these leagues and I asked several rounds of lican background. ‘‘I Love Lucy’’ moments. questions of Mr. Sutton, and were only

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3687 able to ask very few questions of the Thank you for your assistance, and we professor, and his extensive Govern- other two nominees. We asked, during look forward to the meeting we have re- ment service, have prepared him well the hearing itself, that the chairman quested. to serve as a circuit judge. Let me reconsider and ask the other two nomi- Sincerely, Patrick J. Leahy; Edward M. Kennedy; briefly review his background. nees to return the next day or the next Joseph R. Biden, Jr.; Dianne Feinstein; Professor Bybee received a BA magna week, and to give them the time they Charles E. Schumer; John Edwards; cum laude and with highest honors in deserved in front of the committee, but Herbert Kohl; Russell D. Feingold; economics from Brigham Young Uni- he refused. Richard J. Durbin. versity. He also attended the J. Reuben We asked the same thing after the The PRESIDING OFFICER. The Sen- ator from New Mexico is recognized. Clark Law School at BYU, graduating hearing, and were told that indeed the cum laude. I also note he was an editor (The remarks of Mr. BINGAMAN are nominees would make themselves of the BYU Law Review. Those are available to meet with each of us, so printed in today’s RECORD under ‘‘Morning Business.’’) high credentials from a very well- we wrote to accept those offers, al- qualified, recognized law school. though as we explained, we would have The PRESIDING OFFICER. The Sen- preferred to meet with them alto- ator from Idaho is recognized. Following his graduation from law gether, and in a public session. But Mr. CRAIG. Madam President, I am school, Professor Bybee clerked for again, we were rebuffed. I wonder, here in the Chamber this afternoon to Judge Donald Russell of the U.S. Court though, if they were available for one speak to the nomination of Jay Bybee of Appeals for the Fourth Circuit and sort of meeting, why were they not of Nevada to the Ninth Circuit Court. then was engaged in private practice of available for another. I regret that the I call it the Ninth Circuit Court of law at the distinguished firm of Sidley White House refused our request to Western States. I know the State of & Austin. There he handled regulatory bring closure to those matters. the Presiding Officer is part of the and antitrust matters, including civil Ninth Circuit, as is my State of Idaho. litigation in Federal courts and admin- During the last 4 years of the Clinton It is a circuit that has caused us great administration, his entire second term istrative law matters before the Inter- frustration over the last good number state Commerce Commission. in office after being reelected by the of years as many of its cases have been American people, the Judiciary Com- overturned. In fact, just this term, the Professor Bybee began his career in mittee refused to hold hearings and Supreme Court in one day overturned public service first as an attorney in committee votes on his qualified nomi- three cases or reversed three cases of the U.S. Department of Justice, Office nees to the D.C. Circuit and the Sixth the Ninth Circuit. of Legal Policy, then as an attorney on Circuit. Last month, in sharp contrast, Some call it the most dysfunctional the appellate staff at the Civil Divi- this committee was required to proceed court of the land. I believe it to be sion. During this period, he worked on on two controversial nominations to that. Idahoans are extremely frus- a variety of departmental issues and those circuit courts in contravention of trated when a San Francisco-oriented judicial selections, was the principal the rules and practices of the com- judge makes a decision on an Idaho re- author of the Government’s briefs in mittee. This can only be seen as part of source matter that is so totally out of more than 25 cases, and argued cases a concerted and partisan effort to pack context with our State and the char- before a number of Federal circuits. the courts and tilt them sharply out of acter of our State and her people that Professor Bybee also served as an asso- balance. Idahoans grow angry. That is why it is ciate counsel, as the chairman of the I ask unanimous consent to print a not unusual that I and others over the Judiciary Committee, Senator HATCH, letter in the RECORD. years have offered legislation to divide mentioned, to George H. W. Bush. There being no objection, the mate- the Ninth Circuit. That has been spo- Professor Bybee has had an excellent rial was ordered to be printed in the ken to on more than one occasion in career as a law professor, beginning at RECORD, as follows: this Chamber, and it will be again this the Paul M. Hebert Law Center at Lou- UNITED STATES SENATE, year. isiana State University. He is a found- I and my colleagues from Idaho are COMMITTEE ON THE JUDICIARY, ing faculty member at the University supportive of that kind of legislation, Washington, DC, February 24, 2002. of Nevada, Las Vegas William S. Boyd Hon. ALBERTO R. GONZALES, and it is that kind of legislation the School of Law. As an accomplished Counsel to the President, The White House, Presiding Officer has just introduced: scholar in the areas of administrative Washington, DC. to change the character of this court to and constitutional law, Professor DEAR JUDGE GONZALES: As you may know, be more reflective of the broad scope of Bybee has taught courses in civil pro- Democratic Senators on the Judiciary Com- its authority than just to have, if you mittee have been offered the opportunity to will, California judges making deci- cedure, constitutional law, administra- meet with Justice Deborah Cook and Mr. sions for Idaho, Washington, Oregon, tive law, and seminars on religious lib- John Roberts in order to ask questions and erty and the separation of powers. discuss issues relevant to their nominations Alaska, and other States. to lifetime appointments to United States It is the largest court in the land, My colleague from Nevada was talk- Courts of Appeals. We are writing to let you and it is a court that clearly needs our ing about his phenomenal knowledge of know that some of us would like to accept attention. It begs for our attention. the Constitution and its authority and those offers and meet with both of the nomi- The outcry in my State and in other responsibility and our responsibility to nees together before voting on their nomina- States, such as Alaska, demands it. it as we craft law. tions. But today we have an opportunity to We are available to meet as early as He has a distinguished record in pub- improve it, and that is to confirm Jay lications in a phenomenal variety of Wednesday, February 26, 2003, but are ame- S. Bybee to the U.S. Court of Appeals nable to another mutually convenient time. legal areas. for the Ninth Circuit. For the purposes of review after the meeting, Professor Bybee presently serves as we will arrange for a stenographer to attend I am confident the Senate will con- the meeting and record the exchanges with sent to the appointment of Professor an Assistant Attorney General, head- the nominees. We also anticipate that the Bybee, who enjoys bipartisan support ing the Office of Legal Counsel at the meeting will be open to the public. and, in these current times as we de- U.S. Department of Justice. Super- We hope that you and the Department of bate judges in this Chamber, bipartisan vising a staff of attorneys, Professor Justice will work with us to schedule this support is in itself unique. That must Bybee has the principal responsibility important meeting. Some of us believe the speak to the uniqueness of this indi- for providing legal advice to the Attor- January 29, 2003, Committee hearing did not vidual. ney General on constitutional, statu- provide an adequate opportunity to ask the A review of Professor Bybee’s creden- tory, and regulatory questions. In addi- questions necessary for Senators to effec- tials demonstrates he is, as the Amer- tion, the office reviews orders to be tively carry out their Constitutional duty to advise and consent to judicial nominees. ican Bar Association has concluded, a issued by the President or the Attor- Written questions are not a satisfactory sub- highly qualified person for this posi- ney General for form and legality. The stitute for direct exchanges between Sen- tion. Professor Bybee’s education, his Office of Legal Counsel also advises the ators and the nominees. private legal career, his work as a law President and the executive branch

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3688 CONGRESSIONAL RECORD — SENATE March 13, 2003 agencies on constitutional and statu- statement. I, too, will support Pro- porting roles. Most ominously, we do tory matters. fessor Bybee. I have no problem with not know how long this costly drama It is clear from his educational doing that at all. might last. It may last a month. It record, his private practice, his out- May I say that Professor Bybee can may last 2 months. It may last a week. standing credentials as a law professor, be proud that Senator LARRY CRAIG has It may last 2 days. Who knows? I do and his distinguished career in public spoken on his behalf. Senator CRAIG is not know. But this conflict will be service that Professor Bybee is well one of the most articulate Senators not played out in many acts. qualified to serve on the Ninth Circuit only at this time in this body, but hav- As in the last war, the coming bat- and will be an outstanding judge. In ing been in this body for more than 44 tles will draw heavily on U.S. air fact, I am quite confident he will lift years now, I can say that I have seen a power, followed by the use of our the quality of that court in its deci- lot of articulate speakers but Senator ground troops to destroy the Iraqi sions substantially. CRAIG is one among the foremost of army. That is where the similarities Professor Bybee comes highly rec- those. I would treasure his support of between 1991 and 2003 begin and end. ommended. As a result of that, clearly my nomination if I were indeed a nomi- The ultimate goal in the coming war is he brings distinguished service to an nee for any position. not to roll back an invasion of a small, area that cries out for the need of as- Madam President, has the Pastore oil-rich corner of desert that borders tute minds. rule run its course for today? the Persian Gulf. This time, the goal is As Senator HATCH mentioned, one of The PRESIDING OFFICER. Yes, it to conquer the despotic government of his supporters is William Marshall, has. Saddam Hussein. Professor of Law at the University of Mr. BYRD. Madam President, I be- In the 1991 gulf war, our victory was North Carolina. I note that Professor lieve the Senate is in executive session. followed by an orderly withdrawal of Marshall worked in the Clinton admin- The PRESIDING OFFICER. The Sen- our troops, so that they may return to istration as Deputy Counsel to the ator is correct. their hometowns to march in ticker- tape parades and be honored with twen- President and in the Justice Depart- Mr. BYRD. I ask unanimous consent ty-one gun salutes to acknowledge a ment reviewing judicial nominees. that I may speak as if in legislative resounding American victory on the In Professor Marshall’s letter in sup- session. battlefield. port of Professor Bybee, he writes: The PRESIDING OFFICER. Without objection, it is so ordered. It may not be the same in 2003. Our He— Mr. BYRD. Is there any limitation on forces do not have the straightforward meaning Professor Bybee— time? task of pushing the Iraqi military out is an extremely impressive person. To begin The PRESIDING OFFICER. No, there of Kuwait. The aim is to push Saddam with, he is a remarkable scholar. . . . is not. and his associates from power. This I think what I have said and the RECONSTRUCTION OF IRAQ could involve house-to-house fighting record I have spoken to clearly exem- Mr. BYRD. I thank the Chair. I will or laying siege to Baghdad and other plifies that. speak perhaps, as I see it, 40 minutes or urban centers, where seven out of ten I believe him to be one of the most learned less, which is something worthy of Iraqis live. The United States will have and respected constitutional law experts in commenting on in itself. to manage religious, ethnic, and tribal the country. He is also an individual with ex- There is an axiom in military plan- rifts that may seek to tear the country ceptional personal qualities. I have always ning that countries tend to prepare to apart. According to a declassified CIA been struck by the balance that he brings to fight the last war, not the next one. estimate, we must contend with the in- his legal analysis and the sense of respect Some historians blamed the incredible creasing chance that Saddam Hussein and deference that he applies to everybody will use weapons of mass destruction he encounters—including those who may dis- death toll of World War I on military commanders who failed to realize that against our troops as they march to- agree with him. He is someone who truly ward Baghdad. hears and considers opposing positions. Most the days of set-piece battles, as in the After all of this, more work awaits. A importantly, he is a person who adheres to days of the American Revolution or the U.S. invasion of Iraq with only token the highest of ethical standards. I respect his Napoleonic Wars, were over. Some have support from other countries will leave integrity and trust his judgment. also pointed out that the countries us with the burden of occupying and re- That is a quote from the letter of that were overrun in the opening building Iraq. The United States will William Marshall, Professor of Law, months of World War II were those find itself thrust into the position of University of North Carolina. that were best prepared to engage in undertaking the most radical and am- That endorsement rings loud in these trench warfare. bitious reconstruction of a country Halls as it speaks well to the person As our own Republic continues to since the occupation of Germany and who is before us today. Other letters of ready for war in Iraq, there has been Japan after World War II. support from law professors with whom the alarming tendency to see this next The likely first step in a post-war oc- he worked and associates throughout war as a replay of our 1991 campaign to cupation would be to establish secu- the Nation speak highly of Professor liberate Kuwait. Some have taken to rity. No rebuilding mission could pos- Bybee. They note his personal integ- calling the impending conflict ‘‘gulf sibly occur if the Iraqi army still has rity, his professional ability, his clear war II,’’ as if we could win this conflict fight left in it or if Iraq’s cities are in and thoughtful scholarship, and his ex- in 2003 by rewinding the tapes of smart chaos. Establishing security could well emplary personal qualities. Even those bombs dropping on their targets in prove to be more difficult than defeat- who disagree with him politically are 1991. I fear that many have succumbed ing Iraq’s military. Saddam Hussein impressed with Professor Bybee and to an intellectual and moral laziness could go on the lam, forcing our mili- strongly support his nomination. that views the coming war through the tary into a wild goose chase. Surely That is the record. The record is lens of our victory in 1991. Iraq could not be considered secure if clear. I am pleased that we see the kind This next war in Iraq will not be like its evil dictator were to be on the of bipartisan support that most judi- the last. Twelve years ago, there was a loose. cial nominees who come to this floor war in one act with an extensive list of Creating a secure environment in deserve. I support his nomination. He players opposing an aggressive antago- Iraq also means dealing with difficult brings integrity and quality of mind to nist. Now, the curtain is about to rise situations. How will our military deal decisionmaking and judgment to the on a war with the same lead character, with hungry Iraqis taking to the street Ninth Circuit Court, a court of which Saddam Hussein, but only one great in mobs? What are we going to do my State of Idaho is a part. I strongly power opposing him, that great power about civilians exacting revenge on endorse Professor Bybee. being the one superpower in the world those who had oppressed them for so I yield the floor. today, the United States. Many coun- long? How will we prevent violence The PRESIDING OFFICER. The Sen- tries that played supporting roles in within and among Iraq’s multitude of ator from West Virginia. the last war look as though they will, tribes, ethnic groups, and religions? Mr. BYRD. Madam President, I this time, serve more as extras, seen I am not convinced that, right now, thank the distinguished Senator for his only in the crowd scenes without sup- the Administration has any idea of how

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3689 to deal with these scenarios, or the Hussein may turn tail and run. He may what the British military general says. dozens of other contingencies that want to live and fight another day. He The British general, Sir Mike Jack- might arise while the United States may decide to fight to the death. He son—here is what he said in an inter- serves as caretaker to a Middle Eastern may be willing to die himself while view published in a London newspaper country. others die around him. Who knows. But on February 23 of this year: The United States will then be faced there is no doubt in my mind that he In my view, the post-conflict situation will with the task of providing for the hu- will be deposed, one way or another. be more demanding and challenging than the manitarian needs of 23 million Iraqis, But in any event if we are successful conflict itself. 60 percent of whom are fully dependent in deposing Saddam Hussein and lim- In other words, the war we may soon on international food aid. The United iting the loss of life among our troops face in the Persian Gulf will be an en- State will have to make sure that and those of Iraqi civilians, the United tirely different campaign than was the roads and bridges are rebuilt so that States will have to reform the govern- war in 1991. humanitarian assistance can get ment of Iraq. According to an article Congress and the American people, through to where it will be needed. that appeared in the Washington Post the people in the galleries that extend That would be largely our responsi- on February 21, the post-Saddam plan from sea to shining sea, from the Gulf bility. That would not be the case if we crafted by the administration calls for of Mexico to the Canadian border, the were being attacked, if the United the U.S. military to take complete, people, the American people, those out States were being attacked by Iraq, if unilateral control of Iraq after a war, there who are looking upon this Cham- the United States were confronted with followed by a transition to an interim ber through that electronic lens, those an imminent and direct threat from administration by an American civil- people, the people need to know how Iraq. If that were the case, then we ian. This interim administration would long we can expect to occupy postwar would not be so morally responsible for purge Iraq of Saddam Hussein’s cronies Iraq. cleaning up the mess, for recon- and lay the groundwork for a rep- Last month, Under Secretary of structing, for rebuilding that which we resentative government. General Barry State Marc Grossman estimated that a will have destroyed. McCaffrey, who commanded ground military occupation of Iraq would take That is not the case. We will have to troops during the 1991 war, estimated 2 years. That estimate is hard to be- make sure that roads and bridges are in the article that the occupation lieve. Gen. Douglas MacArthur believed rebuilt so humanitarian assistance can would take 5 years. that the occupation of Japan after get through to where it will be needed. Let us remember that Iraq once had World War II would take no more than Electrical systems will have to be re- a colonial government under the flag of 3 years. It lasted 6 years and 8 months. paired. Who knows, some in this coun- Great Britain from 1920 to 1932. Iraqis The first U.S. military governor in try may have to be repaired when that revolted against British troops, leading Germany, Gen. Dwight Eisenhower, an- attack is launched. But we are talking one of the great men of the 20th cen- ticipated that the United States mili- about the morning after now, the post- tury, one of the great men of all time, tary would ‘‘provide a garrison, not a war Iraq. Winston Churchill to refer to the coun- government, except for a few weeks.’’ Electrical systems will have to be re- try as ‘‘these thankless deserts.’’ Instead, the first phase of the occupa- paired so that doctors can operate in Have you ever been in a sandstorm in tion of Germany lasted 4 years. their hospitals. Water systems must be the deserts of the Middle East? It is These types of missions have their maintained to provide drinking water quite an experience. own momentum. We have had United to the country as it enters the scorch- If the United States is to administer States troops in Bosnia for 7 years and Iraq for a period of years, we will run ing summer months and to provide United States soldiers in Kosovo for 31⁄2 the risk of being viewed as a new colo- sanitation to prevent the spread of dis- years. Let us not forget that Gov. nial power, no matter how pure our in- ease. Telephone systems will also be George Bush, as a Presidential can- tentions. Those who may greet us as needed to communicate with the dis- didate in 2000, said he would work to liberators in 2003 may increasingly tant parts of a country that is the size find an end to those peacekeeping mis- view us as interlopers in 2004, 2005, 2006, sions. But the United States is now of France, or a country that is seven and beyond. times the size of West Virginia. The United States will also face the looking at a peacekeeping mission in Protecting or rebuilding this critical task of reforming Iraq’s military. Fear- Iraq that dwarfs our deployment to the infrastructure may become a huge task ful that a weak Iraq could fuel the am- Balkans in every respect. in itself, as Saddam Hussein is appar- bitions of other regional powers, the I find it utterly confounding that a ently planning a scorched earth defense Department of Defense is now consid- President so opposed to nation building of his regime. Such a scorched earth ering how to take apart Iraq’s million- would then launch into military sce- defense could involve setting oil fields man army and rebuild it into a small- narios that so clearly culminate in ablaze. It could involve blowing up er, more professional force. While de- that very outcome. I have to wonder— dams. It could involve the destruction tails are still wrapped in secrecy, it ap- I have to wonder if this President is of bridges over rivers, two of the oldest pears that the United States will have simply so driven to act that he cannot rivers in the world, the Euphrates and a major hand in retraining and re- see that action itself is not the goal. the Tigris, in a country that when I equipping the post-Saddam Iraqi army. How far along was this administration was in school many years ago was re- We are already trying to build an Af- in planning military action in Afghani- ferred to as Mesopotamia, the land be- ghan national army of perhaps 70,000 stan before the question of what post- tween the two great rivers. Such a troops, but a new military for Iraq war Afghanistan would look like even strategy on the part of Saddam Hus- would have be several times that size. came up? There seems to be at least sein could involve sabotaging water One thing is for sure, the arms indus- some forethought about postwar Iraq, supplies or destroying food sources. tries must be salivating at the profits but how thoroughly has it been fore- U.S. military officers are now report- that could be made from building a thought? How thoroughly has it been ing that Iraqi troops dressed as U.S. new, modern Iraqi army from scratch. thought about? How thoroughly has it soldiers may seek to attack innocent These occupation and reconstruction been scrutinized? Iraqi civilians in an effort to blame the missions are all difficult risks and dif- The information given to Congress— West as being responsible for war ficult tasks. No wonder the ranking that’s that legislative branch up there, atrocities. general in the British military, Gen. the people’s representatives. Why, If we are successful in deposing Sad- Sir Mike Jackson, said in an interview those people down in the White House dam Hussein—and I don’t have any published in a London newspaper on view the legislative branch with con- doubt we will be successful in doing February 23: tempt, with disdain. Why should they that; there is any number of scenarios In my view, the post-conflict situation will let those people up there know what by which Saddam may be deposed. He be more demanding and challenging than the they, the people on Mt. Olympus, are may be assassinated. Assassinations do conflict itself. thinking? The information given to occur, as we read today in the news- We had better hear that. We had bet- Congress and to the American people, papers about an assassination. Saddam ter take note of that. Let’s hear again who pay all of us in public office—we

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3690 CONGRESSIONAL RECORD — SENATE March 13, 2003 are the hired hands. I am one of the Some have suggested that Iraqi oil artifacts—a country that goes back to hired hands. So is the President of the might take care of the post-war costs. the mists of biblical years, of Abraham, United States. He is just one of the According to the United Nations, if and Issac, and Jacob, and Joseph—a hired hands. Then why should we view Iraq’s oil production reached all-time country, a land of Ur, and a land be- those people, who pay us, with such highs, about $16 billion in revenue tween the two great rivers—after the contempt that we don’t think we ought could be generated each year. Right rebuilding of that ancient country, to let them in on these secrets? now, Iraq’s legitimate oil sales are sup- there will have to be another act of Oh, we don’t have to tell them. We posed to buy food and medicine for the U.S. unilateralism. There you are—an- don’t have to tell the people’s elected starving and ill. After a war, however, other act of U.S. unilateralism for representatives in Congress. We don’t those funds could be subject to claims which the American people are ill pre- have to tell them. We’ll let them know by Iraq’s creditors, who are owed at pared. what we estimate the cost to be when least $60 billion in commercial and offi- I yield the floor. we send up our bill, when we send up a cial debt. There is also the issue of $170 The PRESIDING OFFICER. The Sen- supplemental appropriations bill. billion in unpaid reparations to Ku- ator from Minnesota. Congress and the American people wait. Mr. DAYTON. Madam President, I should also know how much it will cost Mr. President, the big, black, endless first pay tribute to my very distin- to occupy Iraq. At least there must be pit we will find in Iraq after a war will guished colleague and senior Senator some estimates that have been care- not be filled with cheap oil for our gas- from West Virginia, whose eloquence fully wrought. The Army Chief of Staff, guzzling cars. The pit—that bottomless on this subject has been magnificent in General Shinseki, is standing by his es- pit—that we will find in Iraq will have the last months and whose leadership timates, given to the Armed Services to be fed with enormous amounts of in behalf of the wisdom of the Senate Committee, that ‘‘several hundred American dollars.—Courtesy of whom? and the tradition of the Senate has thousand’’ troops would be required to Courtesy of Uncle Sam. been recognized by—I believe the Sen- occupy Iraq. There is an Army Chief of The irony of investing huge amounts ator said over 20,000 telephone calls Staff who doesn’t back down. There is of money to rebuild Iraq when we have from fellow citizens came into his of- an Army Chief of Staff who doesn’t urgent needs here at home has not been fice in response to his outspoken cour- break and run. He said this a few days lost on late-night comedians. One talk- age. The Senator said he noticed in last ago. His estimate was disputed by the show host commented that if President Sunday’s New York Times a reprint of Defense Department. But General Bush’s plan to provide Iraqis with food, one of his famous speeches which he Shinseki didn’t cower. He is standing medicine, supplies, housing, and edu- by his estimate, given to the Armed gave here just a short while ago. cation proves to be a success, it could I thank the Senator for his gracious Services Committee, that several hun- eventually be tried in the United dred thousand troops would be required leadership on behalf of our country and States, too. on behalf of the institution of this Sen- to occupy Iraq. The comedians are on their toes. The Congressional Budget Office has ate. This Senator has learned more They are not overlooking any bets. about the Constitution and the tradi- provided estimates, based on an occu- If the United States leads the charge tions of this great institution from the pation force of 75,000 to 200,000 Amer- to war in the Persian Gulf, we may be Senator from West Virginia than from ican troops, it would cost $1 billion to lucky and achieve a rapid victory. I $4 billion—from $1 billion to $4 bil- any other source. I am grateful for that hope we will be lucky. Perhaps the education, which is actually the sub- lion—per month. odds for being lucky are, I guess, 90 to I said that right. The cost of occu- ject I want to bring up today because 1. But we may not be lucky. But even pying Iraq has been estimated to be $1 in a few moments we will begin voting if we are lucky, we will then have to billion to $4 billion per month. How once again on proceeding to a nomina- face a second war—a war to win the much is that money to us peons? Under tion to the second highest court. $4 billion. That is $1 to $4 for every peace in Iraq. That war will not be over Mr. BYRD. Madam President, if the minute since Jesus Christ was born. in a day, or a week, or a month, or a distinguished Senator will yield brief- Perhaps that can give us hillbillies a year. That war will last several years, ly— little better feel of what we are talking perhaps many years, and will surely Mr. DAYTON. I yield to the distin- about; $1 billion to $4 billion per cost hundreds of billions of dollars. guished Senator from West Virginia. In the light of this enormous task, it month. That is $12 billion to $48 billion Mr. BYRD. Madam President, may I per year; $33 million to $130 million per would be a great mistake to expect thank the distinguished Senator for his day; $23,000 to $93,000 per minute. And that this will be a replay of the 1991 overly charitable comments con- these enormous amounts do not in- war. The stakes are much higher in cerning this Senator. And I am indeed clude the cost of rebuilding Iraq. this conflict. grateful. I am grateful for the fact that One estimate by the United Nations Despite all of these risks and costs, it he on several occasions here during his Development Program says that at seems the administration continues to short career thus far in the Senate—I least $30 billion will be needed for remove our country closer and closer and predict that it will be a long career, if construction in the first 3 years after a closer to war. It seems we have already he wishes to make it a long one—has war. The actual cost, of course, could lost patience. We have already lost pa- stood with me with regard to several be much higher. tience. We have stopped listening. This important subjects—subjects that deal If the United States initiates war administration, this President, has with the Constitution, deal with this against Iraq in the coming days, maybe stopped listening. The superhawks that institution, and that deal with war and a week—I find it a little hard to think surround him have stopped listening, if peace. it will be 2 weeks, but it could be. If they ever were listening. It seems we I thank him for standing shoulder to the United States initiates war against have already lost patience for a regime shoulder and toe to toe. I thank him Iraq in the coming days, we will be of arms inspections that might take likewise for what he brings to the Sen- hard pressed to share these staggering months to play out. But going to war ate—vigor and fresh insights, vision costs with our allies. We have foolishly will require our commitment to Iraq to that is beyond today’s 24 hours, a man engaged in a war of words with some of last years—years. whose kinsman served in the Constitu- our most powerful European allies, The problems with Iraq are not going tional Convention from the State of countries which could have been valu- to be solved when 700 cruise missiles New Jersey, and whose signature on able partners in rebuilding Iraq if war and 3,000 bombs land on that country in that Constitution will be there until were proven to be inevitable. the opening days and the opening kingdom come. Instead, it looks like the American nights of war. Assuming victory—and I I thank the Senator. taxpayer—you out there looking in assume victory—we will be on the The PRESIDING OFFICER (Mr. this Chamber—the American taxpayer hook. You know what that means. We CHAMBLISS). The Senator from Min- will be alone, all by himself, in shelling will be on the hook to rehabilitate nesota. out billions of dollars for new foreign Iraq. And I fear that the rebuilding of Mr. DAYTON. Mr. President, I thank aid spending. that ancient country with its ancient the Senator from West Virginia. I

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3691 would stand proudly with the Senator debate or discussion. The last 3 days ‘‘Bind him down from mischief by the on any matter shoulder to shoulder. I the debate has been on a bill that pur- chains of the Constitution.’’ believe I am 30-some years younger ports to ban partial-birth abortions, a Tie his hands? That was not enough. than the Senator. I wish I had the Sen- matter of importance, a matter of ‘‘Chain him to the Constitution.’’ ator’s vigor and eloquence to carry for- great concern to some, but not one We, in Congress, are supposed to be ward. I thank the Senator for those that required the attention of the Sen- chained to the Constitution. We took kind words. ate at this moment in time. an oath. When we were sworn in, we Taking what I have learned from the Now we move on to consider, once promised to support and defend the distinguished senior Senator from West again, a judicial nomination, then an- Constitution of the United States Virginia, I note, with dismay, that other judge; and before that there was against all enemies, foreign and domes- while this body has spent over 100 another judge. Does it appear we are tic, bear true faith and allegiance to hours on the Senate floor debating this avoiding something? Well, we are. We the same Constitution. judicial nomination, I compare that 100 are avoiding our constitutional respon- That was our oath and our allegiance hours on one judicial appointment with sibility, perhaps the most important written—not to the country, not to our the number of hours this year this body responsibility placed upon us by the State, not to our Government but to has spent discussing and debating a U.S. Constitution: whether to declare the Constitution of the United States declaration of war before commencing war. of America. a war against Iraq. As I have learned from the distin- The Founders of this Nation had And the answer is: Zero, not 1 hour, guished Senator from West Virginia, other admonitions for the United not 1 minute of formal debate in the the Constitution says—simply, clearly, States regarding the Constitution: Fol- 108th session of the Senate on this pro- emphatically—Congress shall declare low it or change it, but don’t ignore it found matter of war and peace, life and war, only Congress, no one else—not or evade it. death—even now, with this Nation the President, not the judiciary, not George Washington, in his Farewell poised on the brink of war, a war which the military—only Congress, only the Address, in 1796, said: the United States is instigating, with- 435 Representatives and 100 Senators If, in the opinion of the people, the dis- out direct provocation, without an im- elected by and acting for the people of tribution of constitutional powers be wrong, mediate threat to our national secu- the United States. let it be corrected by amendment in the way which the Constitution designates. But let rity; the first war under the new doc- Last October, a majority of the Mem- there be no change by usurpation, for though trine of preemption, a claimed right to bers of the 107th Congress—a majority this, in one instance, may be the instrument attack another country because they of the Members in the House and a ma- of good, it is the customary weapon by which might become a future threat; the first jority of the Senate—voted to transfer free governments are destroyed. war in which the United States is per- that authority to the President. Five Finally, an admonition from another ceived in the eyes of much of the rest months before he even made his own perspective, that of Edward Gibbon, of the world as the provocateur, as a final decision regarding war or peace, the author of the ‘‘History of the De- threat to world peace. Congress was asked to give him that cline and Fall of the Roman Empire.’’ The Times of London recently sur- authority that the Constitution assigns He said: veyed the English people and asked: only to us. And Congress did so. It The principles of a free constitution are ir- Who is the greatest threat to world passed a resolution that said the Presi- revocably lost when the legislative power is peace today? Forty-five percent named dent may use whatever means nec- taken over by the executive. Saddam Hussein, 45 percent named essary, including the use of force, In this sense, the legislative power President Bush. In Dublin, Ireland, the against Iraq. was not taken over by the Executive. poll was 31 percent Saddam Hussein, 68 Oh, we use such clever euphemisms We gave it away. Here, Mr. President, percent President Bush. In the Arab in the Senate, words which disguise the you decide. If you are right, we will try world, the populations are overwhelm- meaning of our intentions. Use ‘‘what- to share the credit. If you are wrong, ingly against a U.S. invasion of Iraq. ever means necessary.’’ And, oh, by the you take the blame. Osama bin Laden, with his most re- way, lest you forget, it is OK with us if Mr. BYRD. Mr. President, will the cent tape, is attempting to exploit you use force—not the lives of Amer- Senator yield? those emotions, exhorting the members ican men and women, not their bodies, Mr. DAYTON. The Senator yields. of his al-Qaida terrorist organization their blood, their patriotism—use The PRESIDING OFFICER. The Sen- and followers to rise up against the in- force—not the deadly, ear-splitting, ator from West Virginia. vader, the crusader, the United States. Earth-shaking, people-maiming, death- Mr. BYRD. Will the Senator from Those sentiments come as a great dealing bombs, and other weapons of Minnesota yield without losing his shock to us, as unwarranted and destruction, the most devastating, right to the floor? undeserved as they are. A few, unfortu- overwhelming, terrifying, death-deal- Mr. DAYTON. The Senator yields nately, in high levels in this adminis- ing force the world has ever known without losing his right to the floor. tration believe they don’t matter, that coming from us, the good guys, the Mr. BYRD. Mr. President, the Sen- they are irrelevant. protectors, the preservers of world ator from Minnesota is making a great Eighteen months ago, we had the peace, the United States of America. speech. It is great because of the sympathy and support of the entire What incredible foresight the Found- quotations the Senator from Minnesota world after the dastardly attacks of 9/ ers of this great Nation had in not has given to us today about that Con- 11, support and sympathy which has wanting a decision that enormous, that stitution. been needlessly squandered and which Earth-shaking or ear-shattering to be The Senator was one of the lonely 23 will not easily be regained. made by one person—not by this Presi- who voted not to give to this Presi- Here at home our citizens receive dent, not by any President. dent, or any other President—not to color-coded warnings of greater or less- Instead, this President asked for— attempt to hand over to this President er unspecified threats. They are told to and the 107th Congress acquiesced and or to any other President—the power stockpile water, food, plastic sheets, gave—complete, unrestricted, unre- to declare war, which is found in the and duct tape, or else they are told strained authority, with no conditions, eighth section of article I of the Con- nothing at all. no restraints to make that decision. stitution of the United States. The Secretary of Defense, testifying Don’t tie my hands, the President said. A nominee for a Federal judgeship before the Senate Armed Services Com- Don’t tie the President’s hands? came to me the other day. I said: mittee, on which I serve, said recently: What did the Founders of the country Where in the Constitution is the power We are entering what may prove to be think of that? Thomas Jefferson wrote, to declare war lodged? He didn’t re- the most dangerous security environ- in 1798: member. I said: Where in the Constitu- ment the world has known. In questions of power, then, let no more be tion is the vestment of the power to ap- In the midst of this ominous, dan- heard of confidence in man, but bind him propriate moneys? He knew it was gerous, fateful time, the 108th session down from mischief by the chains of the Con- there, but he didn’t know in what sec- of the Senate has devoted no time for stitution. tion that was to be found. Of course, I

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3692 CONGRESSIONAL RECORD — SENATE March 13, 2003 didn’t have any problem in reminding retary Powell’s presentation that the recent history of many OLC opin- him where both were to be found. morning to the United Nations. So I ions being made public, it is hard to be- But the Senator from Minnesota submitted written questions, as did a lieve that there are no opinions au- today is referring to the Constitution number of my colleagues. Unfortu- thored by Mr. Bybee that could be dis- of the United States, written in 1787, nately, I have to say after reviewing closed without damaging the delibera- signed by 39 individuals, among whom Mr. Bybee’s response to those ques- tive process. Indeed, it is very hard to was one kinsman of the distinguished tions that his unwillingness to provide give credence to the idea that OLC’s Senator from Minnesota, MARK DAY- information in response to our inquir- independence would be compromised by TON, and his name is found in that ilies is striking. On more than 20 occa- the release of some selection of the lustrious roll of signers from the State sions, Mr. Bybee refused to answer a opinions of interest to members of the of New Jersey, William Livingston, question, claiming over and over again Judiciary Committee or the Senate. David Brearley, William Paterson, Jon- that as an attorney in the Department Without the OLC memos, important athan Dayton. The Senator from Min- of Justice he could not comment on questions about the nominee’s views on nesota, Mr. MARK DAYTON, voted to up- any advice that he gave at any time. how far the Government can go in the hold the Constitution, concerning This is unfortunately becoming a very war on terrorism, enforcing the rights which he has stood before that desk of familiar refrain of nominees before the of women, enforcing the rights of gays the Presiding Officer with his hand on Judiciary Committee. and lesbians, and other important the Bible and swore to support and de- I say unfortunate because it puts issues do not just remain unanswered, fend that Constitution. many of us in the position of having to they apparently remain off-limits. This Senator who sits in front of me, oppose nominees because they have not One of Mr. Bybee’s responses may ex- I now put my hand on his shoulder, been forthcoming. This was not the ap- plain the reluctance to make any OLC Senator KENT CONRAD, he was among proach taken by at least some Bush materials available. In his response to the 23, yes. He was on that illustrious nominees in the last Congress. Michael a question from Senator BIDEN about roll to which someone in ages hence McConnell, for example, was forth- why DOJ did not create an independent will point. The Senator from Illinois, coming in his testimony and answers Violence Against Women Office at DOJ Mr. DURBIN, sits here on the floor to written questions. He convinced me as required by Congress in a bill passed today. He, too, was one of the 23 who that he would put aside his personal last year, Mr. Bybee left the impres- stood for the Constitution on that day, views if he were confirmed to the sion that OLC may have either inten- when a majority of the Senate voted to bench. tionally omitted or ignored the key shift the power to declare war to the There is an extensive body of legal portions of the legislative history in President of the United States. But 23 work both written by or at least signed crafting its opinion. Senators voted to leave that authority off on by this nominee, in this case un- In a series of questions from Senator where the Constitution puts it: name- published Office of Legal Counsel opin- BIDEN about his involvement in DOJ’s ly, in Congress. ions. The administration and the nomi- decision on the VAWO, Mr. Bybee was What would Jonathan Dayton have nee are acting as if they are irrelevant given the opportunity to clarify his said could he have spoken on the day to the confirmation process. A nominee view of the law and correct what ap- that those 23 Members stood up for the cannot simply claim that he or she will pears to be a clearly erroneous inter- Constitution—21 Democrats, one Inde- follow Supreme Court precedent and pretation of the legislative history. In- pendent and one Republican—what ask us to take that assurance on faith, stead he seems to try to downplay the would Jonathan Dayton of New Jersey when there are written records that importance of his office’s legal analysis have said if he could have spoken to may help us evaluate that pledge, but on the decision. He states at one point: the Senate that day? What would his the nominee refuses to make those The structure of the letter would thus indi- advice to us have been? records available. cate that legislative history had no signifi- Mr. DAYTON. I think he would have Only three OLC opinions had been cant bearing on its analysis or conclusion. said it was a good thing we added West made publicly available since Mr. The members of the Judiciary Com- Virginia to the United States of Amer- Bybee’s confirmation to head that of- mittee are entitled to better. How can ica so we could have the distinguished fice. That is extraordinary, given that we be confident that Mr. Bybee will put Senator from West Virginia to give us 1,187 OLC opinions dating back to 1996 aside his personal policy views and the guidance he did that day. are publicly available. This is a dra- fairly interpret and apply the law as Since the hour is approaching for the matic change in the Department’s passed by this body, when it seems that vote under the rules, I will conclude practice, a change that did not occur his office crafted a legal opinion de- my remarks. until this nominee was confirmed to be signed to allow the Department of Jus- Mr. BYRD. I thank the distinguished Assistant Attorney General for the of- tice to willfully ignore clear legislative Senator for yielding. fice. While there may be some jus- intent? Perhaps the legal opinion itself Mr. DAYTON. I thank the Senator tification for releasing fewer opinions will shed some light on this question, for his kind words. since 9/11, the wholesale refusal to but we are not being permitted to see I respectfully urge the majority lead- share with the public and Congress im- it. er and all of my colleagues to turn portant OLC decisions affecting a wide Mr. Bybee also mischaracterized their attention to this fateful decision range of legal matters is, to say the many of his own writings and speeches when we return next week. A decision least, troublesome. and failed to directly answer most of whether or not to vote a declaration of But the failure to make OLC opinions the questions put to him about them, war is one that would be a very dif- available to the Judiciary Committee claiming he would simply follow exist- ficult vote, one that would be a career- during the consideration of a nominee ing Supreme Court precedent. As we all shaping or career-shattering vote, but for a seat on a circuit court is unac- know, the Supreme Court has not an- it would be one the Constitution re- ceptable. Even White House Counsel swered every legal question. It is our quires of us, as do our fellow citizens Alberto Gonzalez, in a letter Mr. Bybee circuit court judges that are routinely who elected us. And it is one that only cites in his written responses, agrees in the position of having to address we can and must do, to vote on whether that there is no universal bar to disclo- novel legal issues, not the Supreme or not to declare war. sure of OLC opinions. Gonzalez wrote Court. I urge the Senate to turn its atten- that: For example, I asked Mr. Bybee tion to that matter when it resumes No bright-line rule historically has gov- about his views, published in a law re- next week. erned, or now governs, responses to congres- view article, that we should consider I yield the floor. sional requests for the general category of repealing the 17th Amendment which Mr. FEINGOLD. Mr. President, I will Executive Branch ‘‘deliberative documents.’’ provides for the direct election of Sen- oppose the nomination of Jay Bybee to The administration should be able to ators. The nominee now simply states the Ninth Circuit Court of Appeals. I agree to an acceptable procedure to that Senators should be popularly was not able to attend the hearing that allow the Judiciary Committee to reelected, almost claiming he had never was held on Mr. Bybee because of Sec- view Mr. Bybee’s OLC opinions. Given argued to the contrary in his article.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3693 His answers to my questions about this In addition, I am troubled by Mr. Estrada to be United States Circuit Judge article were evasive, not forthcoming. Bybee’s positions regarding gay rights. for the District of Columbia Circuit. Another telling example is his re- He has been very critical of the Su- Bill Frist, Orrin Hatch, Trent Lott, Rob- sponse to a series of questions from preme Court’s 1996 decision, Romer v. ert F. Bennett, Peter Fitzgerald, Jeff Sessions, John Ensign, Kay Bailey Senator EDWARDS about a 1982 article Evans, that struck down a Colorado Hutchison, Rick Santorum, Don Nick- in which he criticized the IRS decision constitutional amendment that prohib- les, Jim Talent, Lindsey Graham of to deny tax exempt status to Bob Jones ited local governments from passing South Carolina, Lisa Murkowski, Con- University because of its racially dis- laws to protect gay people. He called rad Burns, John Warner, John Sununu, criminatory practices. The article is such laws that protect gay people from Gordon Smith, Elizabeth Dole, Saxby full of statements revealing a disdain discrimination ‘‘preferences for homo- Chambliss, Christopher Bond, Susan for anti-discrimination policies and sexuals.’’ Collins, Wayne Allard, Lamar Alex- warned of a parade of horribles should In another gay rights case, he wrote ander, Norm Coleman, Pat Roberts, Craig Thomas, Larry E. Craig, Olympia the government continue to use its a brief defending the Defense Depart- spending power to advance such poli- Snowe, John McCain, James Inhofe, ment’s policy of subjecting gay and les- Jon Kyl, Lincoln Chafee, Judd Gregg, cies. bian defense contractors to heightened Richard G. Lugar, George Allen, Chuck Yet, in his written responses, Mr. review before deciding whether to give Grassley, George V. Voinovich, Mike Bybee seems to deny the very clear them security clearances. He argued Crapo, Michael B. Enzi, Thad Cochran, meaning of his written words. He goes that this policy was not a violation of Mike DeWine, Arlen Specter, Sam so far as to claim that he was only the Equal Protection Clause and ar- Brownback, Ben Nighthorse Campbell, commenting on the Government’s gued that such reviews were justified, Richard Shelby, Ted Stevens, Chuck Hagel, John Cornyn, Pete Domenici, change in position in the case and not in part, because some gays and lesbians the very important public policy issue Mitch McConnell, Jim Bunning. experienced ‘‘emotional instability.’’ The PRESIDING OFFICER. By unan- at the heart of the case. That, it seems I am also concerned that Mr. Bybee— to me, is an adventurous reading of the imous consent, the mandatory quorum as head of the Justice Department’s Of- call has been waived. article, at best. fice of Legal Counsel—has been in- Based on Mr. Bybee’s unwillingness The question is, Is it the sense of the volved in shaping some of the most to answer any question about his views Senate that debate on the nomination controversial policies of the Ashcroft on a wide range of issues, his distortion of Miguel A. Estrada, of Virginia, to be Justice Department. For example, he of his own limited but telling written United States Circuit Judge for the may have been involved in the new in- record, and the failure of the adminis- District of Columbia Circuit shall be terpretation of the second amendment. tration to provide any of his numerous brought to a close? He may have been involved in the OLC opinions to the Judiciary Com- The yeas and nays are required under TIPS program, in which people in the mittee for review, I must vote no on the rule. his nomination to the Ninth Circuit United States are encouraged to spy on their neighbors and coworkers and re- The clerk will call the roll. Court of Appeals. The senior assistant bill clerk called Mr. DURBIN. Mr. President, I rise port any conduct they find to be ‘‘unusual.’’ the roll. today in opposition to the nomination Mr. REID. I announce that the Sen- of Jay Bybee for the Ninth Circuit He may have been involved in the de- ator from Delaware (Mr. BIDEN), the Court of Appeals. Mr. Bybee recently cision to declare the al Qaeda and Senator from North Carolina (Mr. passed out of the Judiciary Committee Taliban detainees at Guantanamo Bay EDWARDS), and the Senator from Mas- by a vote of 12 to 6. as prisoners of war under the Geneva Mr. Bybee is a smart person and a Convention. sachusetts (Mr. KERRY) are necessarily talented attorney—there is no argu- I say ‘‘may have been involved’’ be- absent. ment about that. But he is one of the cause he refused to tell us. In written I further announce that, if present most strident voices in the country in responses to 20 different questions we and voting, the Senator from North advocating states’ rights over Federal posed to him, he gave the following an- Carolina (Mr. EDWARDS) and the Sen- rights. swer: ator from Massachusetts (Mr. KERRY) For example—and I think members of As an attorney at the Department of Jus- would each vote ‘‘No.’’ the Senate here should take special tice, I am obligated to keep confidential the The PRESIDING OFFICER (Mr. note of this—he wrote a law review ar- legal advice that I provide to others in the SUNUNU). Are there any other Senators ticle arguing that the 17th amendment executive branch. I cannot comment on in the Chamber desiring to vote? was a bad idea. The 17th amendment, of whether or not I have provided any such ad- The yeas and nays resulted—yeas 55, course, is the amendment that allowed vice and, if so, the substance of that advice. nays 42, as follows: for direct election of United States Mr. Bybee is the most recent example [Rollcall Vote No. 53 Ex.] of an appellate court nominee who has Senators. YEAS—55 Mr. Bybee believes that ratification stonewalled the Senate Judiciary Com- mittee. I do not believe that such con- Alexander Dole Murkowski of the 17th amendment has resulted in Allard Domenici Nelson (FL) too much power for the Federal govern- duct should be rewarded. Allen Ensign Nelson (NE) ment, and too little for the States. I oppose the nomination of Mr. Bybee Bennett Enzi Nickles Here is what he said in his law review to the Ninth Circuit. Bond Fitzgerald Roberts Breaux Frist Santorum article: f Brownback Graham (SC) Sessions If we are genuinely interested in fed- Bunning Grassley Shelby NOMINATION OF MIGUEL A. Burns Gregg eralism as a check on the excesses of the na- Smith ESTRADA, OF VIRGINIA, TO BE Campbell Hagel tional government and therefore, as a means Snowe Chafee Hatch of protecting individuals, we should consider UNITED STATES CIRCUIT JUDGE Specter FOR THE DISTRICT OF COLUM- Chambliss Hutchison repealing the 17th Amendment. Cochran Inhofe Stevens I, for one, disagree. BIA CIRCUIT—CONTINUED Coleman Kyl Sununu Collins Lott Talent On behalf of a conservative founda- CLOTURE MOTION Cornyn Lugar Thomas tion, Mr. Bybee wrote a successful ami- The PRESIDING OFFICER. Under Craig McCain Voinovich cus brief in the 2000 case United States the previous order, the clerk will re- Crapo McConnell Warner v. Morrison, in which the Supreme port the motion to invoke cloture. DeWine Miller Court struck down part of the Violence The assistant legislative clerk read NAYS—42 Against Women Act. Mr. Bybee wrote as follows: Akaka Clinton Feingold that Congress had no power under ei- CLOTURE MOTION Baucus Conrad Feinstein ther the Commerce Clause or the 14th Bayh Corzine Graham (FL) We the undersigned Senators, in accord- amendment to pass crucial provisions Bingaman Daschle Harkin ance with the provisions of Rule XXII of the Boxer Dayton Hollings of this law. I thought this was settled Standing Rules of the Senate, do hereby Byrd Dodd Inouye law 75 years ago. Mr. Bybee thinks it is move to bring to a close debate on Executive Cantwell Dorgan Jeffords time to revisit this notion. Calendar No. 21, the nomination of Miguel A. Carper Durbin Johnson

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3694 CONGRESSIONAL RECORD — SENATE March 13, 2003 Kennedy Lieberman Reid Mr. DODD. Mr. President, I ask unan- way out of the mainstream on the left Kohl Lincoln Rockefeller Landrieu Mikulski Sarbanes imous consent to proceed as in morn- side. Therefore, I think Jay Bybee will Lautenberg Murray Schumer ing business so as not to interrupt the provide some balance. Leahy Pryor Stabenow debate on the nomination. Let me repeat, if he were nominated Levin Reed Wyden The PRESIDING OFFICER. Without to another court, I might have evalu- NOT VOTING—3 objection, it is so ordered. ated this differently. But when it Biden Edwards Kerry (The remarks of Mr. DODD are printed comes to nominations, I mean what I in today’s RECORD under ‘‘Morning The PRESIDING OFFICER. On this say and I say what I mean. There has Business.’’) vote, the yeas are 55, the nays are 42. to be balance. Standards cannot only The PRESIDING OFFICER. The Sen- Three-fifths of the Senators duly cho- apply when they help achieve the de- ator from New York. sen and sworn not having voted in the sired outcome. Mr. SCHUMER. Mr. President, I want affirmative, the motion is rejected. I want to be as fair and honest as I to speak for 3 minutes on the nominee. can be in this process. I have developed f I can do it before or after my leader on a set of criteria for evaluating nomi- JAY S. BYBEE, OF NEVADA, TO BE the Judiciary Committee. nees. I don’t pretend to change them UNITED STATES CIRCUIT JUDGE Mr. LEAHY. I tell my friend from when after applying those criteria the FOR THE NINTH CIRCUIT—Contin- New York, I have allowed others to go, scales tip in favor of supporting a ued but one more doesn’t bother me, espe- nominee many of my friends oppose. The PRESIDING OFFICER. The Sen- cially someone as good as the Senator I respect those who arrive at a dif- ate will resume consideration of the from New York. I certainly have no ob- ferent conclusion. I understand their Bybee nomination. jection. reasoning. I intend to vote yes on Mr. Who yields time? Mr. SCHUMER. I thank my col- Bybee. Mr. GREGG. I suggest the absence of league. I will try to be brief and leave I yield the floor. a quorum. the majority of the remaining time for The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The him. ator from Vermont. clerk will call the roll. I rise in support of the nomination of Mr. LEAHY. Mr. President, we have The senior assistant bill clerk pro- Jay Bybee for the Ninth Circuit Court moved the time up, I realize, in the ceeded to call the roll. of Appeals. I realize that my support— next 6 minutes for the first vote. That Ms. COLLINS. Mr. President, I ask I was one of two Democrats on the Ju- is something I have agreed to accom- unanimous consent that the order for diciary Committee to be for Mr. modate a number of Senators on both the quorum call be rescinded. Bybee—may surprise some people, so I sides of the aisle who have commit- The PRESIDING OFFICER. Without wanted to explain for a few moments ments. As a result, also as a result of objection, it is so ordered. why I will be voting to confirm him. yielding time to the distinguished Sen- Ms. COLLINS. Mr. President, I ask As most of my colleagues know, I use ator from Alabama, who had one of the unanimous consent that I be recog- three criteria to evaluate judicial nominees and, of course, appropriately nized as in morning business for up to nominees: Excellence, moderation, di- should be speaking, and others, I will 10 minutes for the purpose of intro- versity. not be able to say all the things I want- ducing a bill. Excellence, legal excellence, Mr. ed to. The PRESIDING OFFICER. Without Bybee meets that criteria. Diversity, I ask unanimous consent that I be objection, it is so ordered. you can’t judge that by one individual, recognized for 20 minutes after the con- The Senator from Maine is recog- but the Bush administration has been clusion of the final rollcall vote today. nized. pretty good, certainly not terrible, in The PRESIDING OFFICER. Without (The remarks of Ms. COLLINS per- terms of diversity. objection, it is so ordered. taining to the introduction of S. 616 are It is moderation where I have had the Mr. LEAHY. Obviously, as usual, printed in today’s RECORD under greatest problem with some of the should the leaders have other plans for ‘‘Statements on Introduced Bills and President’s nominees. I don’t believe in that, I will do my usual courtesy of Joint Resolutions.’’) judicial nominees too far left or too far yielding to them. Ms. COLLINS. I yield the floor and right because in each case, they tend to (The remarks of Mr. LEAHY are print- suggest the absence of a quorum. make law, not interpret law, as the ed in today’s RECORD under ‘‘Morning The PRESIDING OFFICER. The Founding Fathers said they should. I Business.’’) clerk will call the roll. believe there has to be balance, balance The PRESIDING OFFICER. The The assistant legislative clerk pro- on the courts. And I have said this question is, Will the Senate advise and ceeded to call the roll. many times, but there is nothing consent on the nomination of Jay S. Mr. REID. Mr. President, I ask unan- wrong with a Justice Scalia on the Bybee, of Nevada, to be United States imous consent that the order for the court if he is balanced by a Justice Circuit Judge for the Ninth Circuit? On quorum call be rescinded. Marshall. I wouldn’t want five Scalias, this question, the yeas and nays are re- The PRESIDING OFFICER. Without but one might make a good and inter- quired. objection, it is so ordered. esting and thoughtful court with one Mr. LEAHY. Mr. President, I ask for Mr. REID. Mr. President, the two Brennan. A Rehnquist should be bal- the yeas and nays. leaders have agreed that the vote on anced by a Marshall. The PRESIDING OFFICER. Is there a the circuit judge would occur at 3:45. I Jay Bybee, make no mistake about sufficient second? am sure there will be a unanimous con- it, is a very conservative nominee. It is There is a sufficient second. sent brought here soon. fair to put him in a similar category The yeas and nays were ordered. Mr. SESSIONS. Mr. President, I ask with many of the more conservative Mr. LEAHY. Mr. President, par- unanimous consent that at 3:45 all time nominees we have had. If Mr. Bybee liamentary inquiry: Who is the next be yielded and the Senate proceed to were nominated to another court that judge after this? the first vote, which is on the con- is hanging in the balance or where The PRESIDING OFFICER. That firmation of Mr. Bybee. most of the nominees were conserv- would be Judge Steele from the State The PRESIDING OFFICER (Mr. ative, I probably wouldn’t vote for him. of Alabama. SMITH). Without objection, it is so or- If he were nominated for the Supreme Mr. LEAHY. Mr. President, I under- dered. Court, for example, there would be a stand we also have J. Daniel Breen, of The Senator from Connecticut. different calculus. But Mr. Bybee is Tennessee, on the list. I ask unanimous Mr. DODD. Mr. President, might I in- nominated to the Ninth Circuit. The consent that it be in order to ask for quire, what is the pending business be- Ninth Circuit is by far the most liberal the yeas and nays on his nomination. fore the Senate? court in the country. Most of the nomi- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The nees are Democratic from Democratic objection, it is so ordered. pending business is the nomination of Presidents. It is the court that gave us Mr. LEAHY. I ask for the yeas and Jay S. Bybee. the Pledge of Allegiance case which is nays.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3695 The PRESIDING OFFICER. Is there Without objection, it is so ordered. trict judge for the Southern District of sufficient second. (The foregoing tally has been Alabama. He is one of America’s finest There is a sufficient second. changed to reflect the above order.) magistrate judges—a magistrate judge The yeas and nays were ordered. The PRESIDING OFFICER. The Sen- who does a lot of the kind of legal work Mr. LEAHY. I thank the Chair. ator from Nevada is recognized. that goes on in every Federal court- The PRESIDING OFFICER. The Mr. REID. Mr. President, following house in America. Magistrate judges clerk will call the roll with respect to this vote, I ask that the majority lead- are not title III Federal judges, but the Bybee nomination. er be recognized; following that, that they do much the same work day after The bill clerk called the roll. Senator LEAHY be recognized; following day that Federal judges do. Mr. FRIST. I announce that the Sen- that, Senator KENNEDY. During his time as a magistrate ator from Colorado (Mr. CAMPBELL), The PRESIDING OFFICER. Without judge, Judge Steele has had firsthand the Senator from Texas (Ms. objection, it is so ordered. experience in the work, and he has won HUTCHISON), the Senator from Arizona f the respect of the bench and the bar in (Mr. KYL), and the Senator from Ken- southern Alabama. NOMINATION OF WILLIAM H. tucky (Mr. MCCONNELL) are necessarily He has been in training now for 12 STEELE, OF ALABAMA, TO BE absent. years for this position. In the Southern UNITED STATES DISTRICT Mr. REID. I announce that the Sen- District of Alabama the magistrates JUDGE FOR THE SOUTHERN DIS- ator from Delaware (Mr. BIDEN), the are used to an extraordinary degree by TRICT OF ALABAMA Senator from North Carolina (Mr. the Federal judges who allow the mag- EDWARDS), and the Senator from Mas- The PRESIDING OFFICER. The istrates to do as much work as pos- sachusetts (Mr. KERRY) are necessarily question is, Will the Senate advise and sible. And they frequently preside over absent. consent to the nomination of William civil cases with the consent of the par- I further announce that, if present H. Steele, of Alabama, to be the United ties involved. and voting, the Senator from North States District Judge for the Southern I have talked with other lawyers and Carolina (Mr. EDWARDS) would vote District of Alabama? judges in Alabama. They are very ex- ‘‘no.’’ The nomination was confirmed. cited about his nomination and look I further announce that, if present Mr. HATCH. Mr. President, I support forward to his confirmation. and voting, the Senator from Massa- the nomination of Judge William Some people talk about public serv- chusetts (Mr. KERRY) would vote Steele to the United States District ice, but throughout his life, Bill Steele ‘‘aye.’’ Court for the Southern District of Ala- has done more than just talk. Judge The PRESIDING OFFICER. Are there bama. Steele has dedicated the better part of any other Senators in the Chamber de- Judge’s Steele’s professional record his life to public service and has served siring to vote? indicates that he is eminently qualified both this country and the State of Ala- The result was announced—yeas 74, for the federal trial bench. Upon grad- bama well. After graduating summa nays 19, as follows: uation from the University of Alabama cum laude from the University of [Rollcall Vote No. 54 Ex.] School of Law, Judge Steele clerked Southern Mississippi in 1972, Judge YEAS—74 for the Tuscaloosa County district Steele served in the U.S. Marine Corps Akaka DeWine Lugar court. As an Assistant District Attor- as an officer, pilot, and instructor Alexander Dodd McCain ney in Mobile, he handled hundreds of pilot. During his service in the Marine Allard Dole Miller Allen Domenici Murkowski criminal matters, including more than Corps, Judge Steele participated in the Baucus Dorgan Nelson (FL) 75 jury trials. Upon being promoted to operation to evacuate American citi- Bayh Ensign Nelson (NE) Chief Assistant District Attorney, he zens from Lebanon in 1976. He also Bennett Enzi Nickles Bingaman Fitzgerald was significantly involved in the cre- served in the Alabama National Guard Pryor ation of the Child Advocacy Center for Bond Frist Reid as a pilot and as commanding officer of Breaux Graham (FL) Roberts physically and sexually abused chil- an assault helicopter company. Brownback Graham (SC) Rockefeller dren. He then served as an Assistant After serving his country in the Ma- Bunning Grassley Santorum Burns Gregg United States Attorney prosecuting rine Corps, Judge Steele attended the Schumer Cantwell Hagel mail fraud, public corruption, drug vio- University of Alabama School of Law. Sessions Carper Hatch lations, firearms violations, and tax After law school, he was employed as Chafee Hollings Shelby Chambliss Inhofe Smith code violations. an assistant district attorney in Mo- Cochran Jeffords Snowe In addition to his broad federal and bile, AL, and worked for 6 years in the Coleman Johnson Specter state criminal experience, Judge Steele office of a Democrat district attorney. Collins Kohl Stevens has considerable civil experience. In I was U.S. attorney during that time. Conrad Landrieu Sununu Cornyn Leahy Talent the private sector, while continuing to That is where I got to know Bill. Our Craig Lieberman Thomas maintain a viable state and federal staff worked closely with the district Crapo Lincoln Voinovich criminal trial and appellate practice, attorney’s office, and they always Daschle Lott Warner he also handled domestic relations came back with the most glowing opin- NAYS—19 matters, civil litigation in State and ions of Bill Steele and his integrity, his Boxer Feinstein Murray Federal court, representation of claim- judgment, and his fidelity to truth and Byrd Harkin Reed ants in social security matters, and justice. Clinton Inouye Sarbanes representation of the Alabama Depart- Later, Judge Steele became chief as- Corzine Kennedy Stabenow Dayton Lautenberg Wyden ment of Human Resources in child cus- sistant district attorney in Mobile. I Durbin Levin tody matters. got to know him well during that time Feingold Mikulski Since 1990, Judge Steele has served as and developed great respect for him. I NOT VOTING—7 a Federal magistrate judge. In this ca- think he tried 100 or more trials as an Biden Hutchison McConnell pacity, he has handled a wide range of assistant district attorney. Then, in Campbell Kerry civil matters, preliminary criminal 1987, given his reputation for excel- Edwards Kyl matters, prisoner cases, and social se- lence, I hired him as an assistant attor- The nomination was confirmed. curity appeals. ney in the U.S. Attorney’s Office. I can CHANGE OF VOTE I know that Judge Steele will be a say without reservation that during his Mr. DAYTON. Mr. President, on roll- credit to the Federal bench and will service, while I was a U.S. Attorney in call vote No. 54, I voted aye. It was my honorably serve the citizens of south the Southern District of Alabama, intention to vote no. Therefore, I ask Alabama. I thank my colleagues for Judge Steele did not disappoint. Judge unanimous consent that I be permitted voting for his confirmation. Steele tried a number of cases while he to change my vote since it will not af- Mr. SESSIONS. Mr. President, I am was in the U.S. Attorney’s Office, fect the outcome of the vote. pleased to be able to make some re- which is the Federal system in which The PRESIDING OFFICER. Is there marks in support of the nomination of he will now be a district court judge. objection? Judge William H. Steele to be U.S. dis- He held that position for 2 years and

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3696 CONGRESSIONAL RECORD — SENATE March 13, 2003 then went into private practice and did Judge Steele was employed as an As- for being eminently fair and impartial an excellent job there. sistant District Attorney in Mobile, throughout the bar association. And He was instrumental as a private Alabama, and worked for six years for having worked with him personally, I practitioner and chief assistant district a democrat District Attorney. At the know that he is an individual with un- attorney, in the establishment of the District Attorney’s Office, Judge questioned integrity and the utmost Child Advocacy Center, an agency de- Steele distinguished himself as an out- character. voted to identifying and providing as- standing advocate, litigating close to, I will just say this: when it comes to sistance to child victims of physical if not more, than 100 jury trials. In rec- serving with the distinction, it is the and sexual violence. ognition of his legal skills and leader- lawyers in the community who know a In 1990, the Federal court in the ship qualities in the District Attor- judge the best. Here is what Fred Gray, Southern District of Alabama com- ney’s Office, Judge Steele was ap- former counsel to the late Reverend menced its search process for a U.S. pointed as Chief Assistant District At- Dr. Martin Luther King, Jr., had to say magistrate. They usually have 60 or torney in 1985. As the Chief Assistant, about Judge Steele in a letter to the more applications. It is a very competi- Judge Steele was instrumental in es- Senate Judiciary Committee sup- tive process. The judges want the very tablishing, the Child Advocacy Center, porting his confirmation: finest lawyer—someone who would an agency devoted to identifying and I have practiced law in the State of Ala- make a superb judge because the better providing assistance to, child victims bama and before all the federal district courts . . . I realize that it is important that work that magistrate does, the more of physical and sexual violence. all the judges who serve on the courts . . . relief the Federal district judges get. In 1987, given his reputation in the are one[s] who possess the necessary per- After all that competition, he won and community for excellent legal abilities sonal characteristics, experience, practical was hired. and personal skills, I was proud to hire knowledge, legal skills and professional For 13 years now he has served as a Judge Steele as an Assistant U.S. At- background, so they will administer justice magistrate judge. He has done so many torney in the Southern District of Ala- in a fair and impartial manner. different cases. bama. I can say without reservation, I have discussed [Judge Steele’s] qualifications generally and specifically with ref- Bill Steele is one of Alabama’s most that during his service, while I was the erence to intelligence, honesty, morality, in- outstanding magistrate judges, and I U.S. Attorney in that office, Judge tegrity, maturity, stability, demeanor and am confident that he will be an even Steele did not disappoint. I found him temperament with members of the bar who better district court judge. I have fol- to be a first-rate lawyer who set the know him and have practiced before him and lowed Judge Steele’s career since the standard for integrity by treating all other judges who sit on some of the courts in time I worked with him at the U.S. At- parties with respect. Mobile. Based upon their representations to torneys Office in the Southern district In 1990, Judge Steele was appointed me, Judge Steele possess all the necessary qualities for a [federal judgeship]. of Alabama, so I know from firsthand to the position, which he currently I have had the opportunity to meet with experience what kind of individual holds, as a United States Magistrate Judge Steele personally . . . I believe he will Judge Steele is. This statement will Judge. He has served in this position be fair to all litigants who appear before him not do him justice. He is a nominee of with distintion, handling a full array of . . . regardless of color or national origin or the highest order, and it is an under- criminal and civil matters in federal the type of litigation. I believe he will ad- statement when I say that I am pleased court. The Southern District of Ala- minister justice tempered with mercy. that President Bush has chosen to bama has a heavy caseload, and the I do not believe that you could re- nominate Magistrate Judge William H. judges there depend on magistrate ceive a better endorsement than this Steele for elevation to the Southern judges to go beyond preliminary crimi- one. District of Alabama. nal matters and social security cases. The lawyers and individuals who know Judge Steele best, because they As a magistrate judge, Judge Steele The magistrate judges in the Southern have worked with him and practiced in has been training for a district court District are in rotation to receive 25 front of him, have all voiced support. position for the last 12 years, and be- percent of the civil docket, where the Since his nomination has been pending, cause the Southern District of Ala- parties consent. So Judge Steele has Judge Steele has been endorsed by a bama utilizes magistrate judges to a been doing the job of a district judge, number of individuals including the greater extent than most other dis- including presiding over civil jury current President and 16 former presi- tricts, he will be able to hit the ground trials in many instances. It is my un- dents of the Mobile Bar Association, running in his new position. I have had derstanding, from talking to lawyers several former president of the Bir- conversations with the other judges in who practice in the Southern District, mingham Bar, and several former the Southern district and I know that that Judge Steele has managed his presidents of the Alabama Bar Associa- they are as excited about Judge docket well and the numbers show it. tion. Steele’s nomination as I am, so I am This is simply an outstanding nominee. The Vernon Z. Crawford Bay Area— glad that we can move forward with his Judge Steele has not only been a African-American—Bar Association of confirmation. leader in the workforce, but has been a Mobile, AL gave its unanimous en- Some people talk about public serv- leader and a active participant in his dorsement: ice, but throughout his life, Judge community as well, serving on the The . . . Association strongly recommends Steele has done more than just talk. board of the Child Advocacy Center Magistrate Bill Steele for this position be- Judge Steele has dedicated the better that he helped establish. And for the cause he recognizes and is sensitive to the part of his life to public service and has record, Judge Steele does not shy away issues facing African American lawyers and served both this country and the great from the arts. Judge Steele often vol- the African American community. . . . We state of Alabama well. After grad- unteers his time to support First Night give Magistrate Steele our highest rec- uating summa cum laude, from the Mobile, a family-oriented, New Year’s ommendation. University of Southern Mississippi in Eve, alcohol-free celebration of the Major General Gary Cooper, USMC— 1972, Judge Steele served in the United arts, and he regularly performs with Ret., former Ambassador to Jamaica, States Marine Corps as on officer, the Mobile Symphonic Pops as a saxo- president of a Commonwealth National pilot, and instructor pilot. During his phone player. Bank in Mobile, AL, and an African service in the Marine Corps, Judge I acknowledge, that all of these acco- American: Steele participated in the operation to lades would be futile, if Judge Steele As an African American citizen of Mobile evacuate American citizens from Leb- had not demonstrated commitment to and as a retired Marine, I appreciate what William Steele has done for his community anon in 1976. Judge Steele also served the rule of law and to the Constitution, as a county and federal prosecutor and fed- in the Alabama National Guard as a during his service as a magistrate eral magistrate, and what he has done for his pilot and as the commanding officer of judge. In my view, this is the first and country as a Marine helicopter pilot. His an assault helicopter company. foremost requirement for a federal record indicates that he will make a fine . . . After serving his country in the Ma- judge. This is what our democracy Judge. rine Corps, Judge Steele attended the hinges upon, and I know that Judge Joy Williams, former law clerk to University of Alabama School of Law, Steele is committed to that require- Magistrate Judge Steele and an Afri- graduating in 1980. After law school, ment. Judge Steele has a reputation can American:

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3697 [W]hile I was the only person of color County who employed Steele as a pros- Parks bus boycott case. He worked di- clerking on the court at the time, I truly felt ecutor for several years. rectly with Dr. Martin Luther King, comfortable and accepted from the moment I Alex Bunin, Federal Public Defender, Jr., at that time. He has written an ex- interviewed with Judge Steele. He has never Districts of Northern New York and cellent book describing the bus ride to given me a reason to question the sincerity justice. of his support of me and my endeavors both Vermont. professionally and personally. Greg Breedlove, on behalf of the He writes to me his strong support unanimous firm of Cunningham, for Judge Steele. He realizes he said it Merceria Ludgood, Assistant County is important that all judges who serve Attorney for Mobile County, former Di- Bounds, Yance, Crowder and Brown, L.L.C. in Mobile, Alabama—prominent on the courts possess the necessary rector of Program Services for Legal personal character, experience, knowl- Services Corporation in Washington, Democratic, plaintiffs’ firm. John Morrow, former president of the edge, legal skills, and professional D.C., and former Executive Director of Birmingham Bar Association and long- background so they will administer Legal Services Corporation of Ala- time practicing attorney with one of justice in a fair and impartial way. bama: the largest firm’s in Birmingham, AL. He went on to explain his meeting Magistrate Judge Steele is one of the fin- with Judge Steele—his knowledge of est men I have ever known. Never once have Ed Allen, 38-year practitioner with one of the largest firms in Bir- him, and his support for him. Group I believed his actions to be motivated by pol- after group has written on Judge itics or ambition. He simply wants to do the mingham, Alabama, and former member of the Executive Committee of the Steele’s behalf. right thing for the right reasons. I believe this Senate will make a Birmingham Bar Association, and the Robert D. Segall, attorney for the wise decision if Judge Steele is con- Labor and Employment sections of the American Civil Liberties Union in the firmed. I have absolutely no doubt that American Bar Association and the Ala- case opposing the display of the Ten this fine nominee will serve with dis- bama Bar Association. Commandments in an Alabama court- tinction. He will serve and treat every Henry Brewster, Mobile, AL, Demo- room: party before the court with courtesy. Judge Steele is an outstanding selection, is crat plaintiff’s lawyer whose practice He will control his court with firmness very highly qualified, and I respectfully urge focuses on employment discrimination but fairness. He will demonstrate in- his prompt confirmation. cases. tegrity. And, most of all, every day Carlos A. William, Southern District Jerry McDowell, long-time practi- that he goes to work, Bill Steele will of Alabama Federal Defenders Organi- tioner from Mobile, AL. sit there and try to do what he can to zation: This support, in my view, confirms produce justice. During the years I have practiced in [Judge that President Bush made the right de- I am delighted he has been able to Steele’s] court, I have come to know a jurist cision in nominating Judge Steele. move through the process. I thank my of integrity, professionalism and compas- Judge Steele has the professional colleagues in the Senate for their help. sion, and I have grown to respect his judge- qualifications, integrity, professional I saw Senator LEAHY earlier. I con- ment. . . . [I] note that every lawyer in my competence and judicial temperament gratulated him and thanked him for al- office, Kristen Gartman Rogers, K. Lyn to serve on the federal bench in the lowing this nomination to move for- Hillman Campbell and Christopher Knight, Southern District of Alabama. The in unsolicited comments, have expressed ward. their support for Magistrate Steele’s nomi- ABA has acknowledged such, rating I thank Senator HATCH for his deter- nation. It is therefore without hesitation him unanimously qualified. As a mag- mination to move nominees, who are that I send this letter in support of Mag- istrate judge in the Southern District qualified, forward to confirmation. istrate William Steele’s nomination. of Alabama, he is practically already As I said, I am confident in Judge Larry C. Moorer, long time practi- doing the job. Judge Steele will make Bill Steele. The courts of the United tioner in Mobile, Alabama and an Afri- an excellent addition to the federal States will have a superstar who will can American: bench, and deserves to be confirmed by do a superb job. Over the years, I have handled several this Senate. I look forward to sup- f legal matters before Magistrate Judge Steele porting Judge Steele and to casting my NOMINATION OF J. DANIEL BREEN, . . . He has shown over the years that he is vote in favor of his confirmation. I OF TENNESSEE, TO BE UNITED fair and impartial, and will rule according to urge my colleagues to support Judge the law regardless of public opinion or pos- STATES DISTRICT JUDGE FOR Steele. THE EASTERN DISTRICT OF TEN- sibly his own personal feelings. . . . Mag- I yield the floor. NESSEE istrate Judge Steele provides a level playing I want to say I don’t know that I field . . . [and] he possesses the attributes The PRESIDING OFFICER. The for being an outstanding appellate judge. have met a finer individual, a more dedicated patriot than Judge Bill question is, Will the Senate advise and Larry Sims, President of the Mobile Steele. He is someone I admire and consent to the nomination of J. Daniel Bar Association and 16 former presi- someone who is admired by people I ad- Breen, of Tennessee, to be United dents. mire. People who have good judgment States District Judge for the Western Numerous officers and members of of character think he is first rate. District of Tennessee? the Women of the Mobile Bar Associa- The Bar Association in the Southern On this question, the yeas and nays tion. District of Alabama has unanimously have been ordered, and the clerk will Hodge Alves, President of the Mobile call the roll. told me time and again how much they Chapter of the Federal Bar Associa- The legislative clerk called the roll. tion. appreciate him and how well they Mr. FRIST. I announce that the Sen- Several former presidents of the think he will do as a Federal judge. ator from Colorado (Mr. CAMPBELL), Montgomery Bar Association. And I am very pleased for him. the Senator from Texas (Ms. Bruce Rogers, incoming president of He has received support from a large HUTCHISON), the Senator from Arizona the Birmingham Bar Association, and a number of different sources. Of course, (Mr. KYL), and the Senator from Ken- number of former presidents. the established bar in the Southern tucky (Mr. MCCONNELL) are necessarily Warren Lightfoot, former president District of Alabama speaks very highly absent. of the Alabama Bar Association, and of him. Mr. REID. I announce that the Sen- managing partner of one of the most You ask what about others? What do ator from Delaware (Mr. BIDEN), the respected litigation firms in Bir- they say about him? The President of Senator from North Carolina (Mr. mingham, AL. the Alabama Bar Association for the EDWARDS), the Senator from Massachu- Jim North, a prominent Democrat in State is Mr. Fred Gray. He was former setts (Mr. KERRY), and the Senator Birmingham, former clerk for Justice counsel for the late Rev. Dr. Martin from Georgia (Mr. MILLER) are nec- Hugo Black, and former President of Luther King, Jr., and has tried some of essarily absent. the Alabama Bar Association. the most historic cases in the history I further announced that, if present Rosemary Chambers, Circuit Judge of the United States. and voting, the Senator from North of Mobile County. He was involved in New York Times Carolina (Mr. EDWARDS) and the Sen- Chris Galanos, a Democrat and v. Sullivan and Chameleon v. Light ator from Massachusetts (Mr. KERRY) former District Attorney of Mobile Foot and was the attorney on the Rosa would each vote ‘‘aye’’.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3698 CONGRESSIONAL RECORD — SENATE March 13, 2003 The PRESIDING OFFICER. Are there heard from many in the Tennessee bar confident that Judge Breen will con- any other Senators in the Chamber de- praising Judge Breen’s thoughtfulness tinue to be an able Federal judge when siring to vote? and judicial temperament. Judge Breen he is confirmed as a United States Dis- The result was announced—yeas 92, is a dedicated, hard working and even- trict Judge for the Western District of nays 0, as follows: handed jurist. Tennessee. [Rollcall Vote No. 55 Ex.] Judge Breen’s record has prepared Judge Breen was born and raised in YEAS—92 him to be ready for this job beginning Jackson, TN. He was a summa cum Akaka Dodd Lott on day one. I am honored to support his laude graduate of Spring Hill College Alexander Dole Lugar confirmation, and I know he will serve in Mobile, AL in 1972, and was valedic- Allard Domenici McCain the Western District of Tennessee as a torian of his class. He received his Allen Dorgan Mikulski U.S. District Judge with distinction. I Juris Doctorate from the University of Baucus Durbin Murkowski Bayh Ensign Murray thank my colleagues for voting for his Tennessee College of Law in 1975, where Bennett Enzi Nelson (FL) confirmation. he served as a member of the law re- Bingaman Feingold Nelson (NE) Mr. HATCH. Mr. President, I am view. Bond Feinstein Nickles pleased today to support Judge John After receiving his law degree, Judge Boxer Fitzgerald Pryor Breaux Frist Breen, who has been nominated to the Reed Breen worked for sixteen years with Brownback Graham (FL) Reid U.S. District Court for the Western the law firm of Waldrop and Hall, P.A. Bunning Graham (SC) Roberts District of Tennessee. Burns Grassley in Jackson, TN. Judge Breen has been Rockefeller Byrd Gregg Judge Breen has served on both sides a United States Judge for the Western Cantwell Hagel Santorum of the bench with distinction. Upon District of Tennessee since 1991 and has Carper Harkin Sarbanes Schumer graduating from the University of Ten- an excellent reputation in this posi- Chafee Hatch nessee Law School in 1975, he entered Chambliss Hollings Sessions tion. Clinton Inhofe Shelby private practice by joining the Jackson Judge Breen has vast litigation expe- Cochran Inouye Smith firm of Waldrop & Hall. He is one of the rience. As a practicing attorney, he Coleman Jeffords Snowe few lawyers these days who spent his Collins Johnson Specter practiced general civil litigation pri- Conrad Kennedy Stabenow entire litigating career with a single marily in the areas of tort law and Cornyn Kohl Stevens firm. His area of expertise was general workers’ compensation. Judge Breen Corzine Landrieu Sununu civil litigation. In addition to rep- was involved in litigating one of the Craig Lautenberg Talent resenting insurance companies and Crapo Leahy Thomas premier lawsuits in Tennessee in the Daschle Levin Voinovich self-insured businesses, he also rep- 1990’s, which resulted in the adoption Dayton Lieberman Warner resented individual clients in real es- of comparative negligence. DeWine Lincoln Wyden tate, commercial, corporate and estate Judge Breen has been actively in- NOT VOTING—8 planning matters. volved and held leadership positions in Biden Hutchison McConnell Judge Breen has made a broad range local, State and national bar associa- Campbell Kerry Miller of contributions to the bar. He served tions throughout his legal career. He Edwards Kyl as the President of the Tennessee Bar has also been extremely active in his The nomination was confirmed. Association, which reflects the high es- community by, among other things, f teem in which his colleagues hold him. providing pro bono legal services to He also served on the Board of Direc- disadvantaged persons and serving as a THE CONFIRMATION OF DANIEL tors for the Tennessee Bar Foundation. BREEN TO BE A UNITED STATES member on a variety of community or- In the course of his career, he has ac- ganizations. DISTRICT JUDGE FOR THE WEST- cepted many appointments to rep- ERN DISTRICT OF TENNESSEE I am confident that Judge Breen will resent indigent criminal defendants in be a fine United States District Judge Mr. FRIST. Mr. President, I am in State and Federal court. Judge Breen for the Western District of Tennessee, strong support of Judge Daniel Breen also provided many hours of pro bono and I thank all my colleagues who sup- to be United States District Judge for service for West Tennessee Legal Serv- ported this nomination. the Western District of Tennessee. ices. For more than a decade Judge Breen Since 1991, Judge Breen has served as f has admirably served the state of Ten- a Federal magistrate judge, where he NOMINATION OF MIGUEL A. nessee’s Western District as a United has handled a broad array of evi- ESTRADA, OF VIRGINIA, TO BE States Magistrate Judge. Before as- dentiary hearings and issued many re- UNITED STATES CIRCUIT JUDGE suming this position in the Jackson ports and recommendations. In addi- FOR THE DISTRICT OF COLUM- and Memphis area, he practiced law in tion, Judge Breen is also recognized as BIA CIRCUIT most of the surrounding West Ten- an effective mediator, as well as an in- Mr. FRIST. Mr. President, I ask nessee counties for sixteen years. structor and author on alternative dis- unanimous consent that the Senate Judge Breen graduated first in his pute resolution. class from Spring Hill College and later The American Bar Association rated now continue in executive session with graduated from the University of Ten- Judge Breen unanimously well quali- the consideration of the Estrada nomi- nessee College of Law. His list of bar- fied, its highest rating. I am confident nation. related and civic activities is long and that he will serve on the bench with in- The PRESIDING OFFICER. Without distinguished: President of the Ten- tegrity, intelligence and fairness. objection, it is so ordered. nessee Bar Association, Subcommittee Mr. ALEXANDER. Mr. President, I The clerk will report. Chair in the American Bar Association, support the nomination of John Daniel The assistant legislative clerk read Executive Committee member of the Breen to be a United States District the nomination of Miguel A. Estrada, West Tennessee Council Boy Scouts of Judge for the Western District of Ten- of Virginia, to be United States Circuit America, and a Lifetime Board Member nessee. I am pleased that the Senate Judge for the District of Columbia Cir- of the West Tennessee Cerebral Palsy has moved so expeditiously to confirm cuit. Center. As you can tell, his roots are this exceptional nominee. CLOTURE MOTION deep with the people he serves. Mr. Breen is currently a United Mr. FRIST. Mr. President, I send a In addition to an active civil trial States Judge in the Western District of cloture motion to the desk. docket, Judge Breen is also recognized Tennessee. Judge Breen was rec- The PRESIDING OFFICER. The clo- as an effective mediator, and an in- ommended last year by the current ture motion having been presented structor and author on alternative dis- Senate Majority Leader, my colleague, under rule XXII, the Chair directs the pute resolution. He has made a broad Senator FRIST, and former Senator clerk to read the motion. range of contributions to the bar, as Thompson. I am pleased to add my The legislative clerk read as follows: well as the State and Federal courts. voice in support of his nomination. As CLOTURE MOTION This work has earned him the respect someone who, as Governor of Ten- We the undersigned Senators, in accord- of the local legal community. I have nessee appointed some 50 judges, I am ance with the provisions of Rule XXII of the

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3699 standing rules of the Senate, do hereby move ation and, therefore, all Members Congress, knowing full well that Con- to bring to a close debate on Executive Cal- should expect late sessions next week. gress appropriates funds, it is the endar No. 21, the nomination of Miguel A. Although we will begin the budget res- President who spends them. Estrada to be United States Circuit Judge olution on Monday, no votes will occur It is disingenuous, at best, to refuse for the District of Columbia Circuit. to level with the American people at a Bill Frist, Orrin G. Hatch, Robert F. Ben- that day. Therefore, the next vote, on nett, James M. Inhofe, John Ensign, cloture, will occur Tuesday morning. time of rapidly escalating deficits. We Sam Brownback, Michael B. Enzi, f know it has already cost billions of dol- Wayne Allard, Michael D. Crapo, Susan lars just to send our troops over there, M. Collins, Pete V. Domenici, Conrad MORNING BUSINESS but how many more tens or hundreds of R. Burns, Kay Bailey Hutchison, John Mr. FRIST. Mr. President, I ask billions of dollars, may be added to the E. Sununu, Norm Coleman, Charles E. unanimous consent that the Senate deficit? The President is apparently Grassley. now proceed to a period of morning ready to send hundreds of thousands of Mr. FRIST. Mr. President, I ask business, with Senators allowed to America’s sons and daughters into bat- unanimous consent that the live speak for up to 10 minutes each. tle without saying anything about the quorum as provided for under rule XXII The PRESIDING OFFICER. Without costs and risks. be waived. objection, it is so ordered. The President repeatedly spoke of The PRESIDING OFFICER. Without Mr. REID. Mr. President, just a unan- the danger of ‘‘doing nothing,’’ as if objection, it is so ordered. imous consent request: Senator LEAHY doing nothing is what those who urge Mr. FRIST. For the information of wishes to speak for 20 minutes, and patience and caution—with war only as all Senators, this cloture motion, Senator KENNEDY for 30 minutes. a last resort—are recommending. In which will be the third vote in relation The PRESIDING OFFICER. Is there fact, virtually no one is saying we to the Estrada nomination, will occur objection? should do nothing about Saddam Hus- on Tuesday. I regret that it has been Without objection, it is so ordered. sein. necessary for me to file this motion The Senator from Vermont. Even most of the millions of people once again. With Tuesday’s vote, the Mr. LEAHY. Mr. President, what was who have joined protests and dem- Senate will have matched the most clo- the previous unanimous consent agree- onstrations against the use of force ture votes relative to executive nomi- ment of the time for the Senator from without U.N. Security Council author- nations. That is certainly not a record Vermont? ization are not saying the world should or milestone I think this Senate should The PRESIDING OFFICER. The pre- ignore Saddam Hussein. Yet that is the President’s answer to be proud of achieving. vious order had Senator KENNEDY re- those who oppose a preemptive U.S. in- f ceiving 30 minutes. Mr. LEAHY. But prior to the votes, vasion, and who, contrary to wanting LEGISLATIVE SESSION wasn’t there— to do nothing, want to give the United Mr. FRIST. Mr. President, I now ask The PRESIDING OFFICER. The Sen- Nations more time to try to solve this crisis without war. unanimous consent that the Senate re- ator from Vermont already had 20 min- The President also failed to address a sume legislative session. utes. key concern that divides Americans, The PRESIDING OFFICER. Without Mr. LEAHY. I thank the distin- objection, it is so ordered. that divides us from many of our clos- guished Presiding Officer. est European allies, that divides our al- f Does the distinguished majority lead- lies from each other, and that divides er have other matters? UNANIMOUS CONSENT AGREE- the U.N. Security Council. That issue Mr. FRIST. No. MENT—BUDGET RESOLUTION is not whether or not Saddam Hussein f Mr. FRIST. Mr. President, I ask is a deceptive, despicable, dangerous unanimous consent that at 2 p.m., on THE COUNTDOWN TO WAR despot who should be disarmed. There is little, if any, disagreement about Monday, March 17, the Senate proceed Mr. LEAHY. Mr. President, last that. to the consideration of the first con- Thursday, at his press conference, the Nor is it whether or not force should current budget resolution, if it has President of the United States gave his ever be used. Most people accept that been properly reported by that time. reasons to justify the use of military the United States, like any country, The PRESIDING OFFICER. Is there force to remove Saddam Hussein from has a right of self-defense if it is faced objection? power. with an imminent threat. If the U.N. Without objection, it is so ordered. The President said again that he has inspectors fail to disarm Iraq, force f not made up his mind to go to war, but may become the only option. his own advisers are saying that even if ORDER OF BUSINESS Most people also agree that a United Iraq fully complies with U.N. Security States-led invasion would quickly Mr. FRIST. Mr. President, for the in- Council Resolution 1441, Saddam Hus- overwhelm and defeat Iraq’s ill- formation of all Senators, there will be sein must be removed from power. equipped, demoralized army. no further votes during today’s session. The President said his goal is pro- Rather, the President said almost We have had a productive, full week. tecting the American people from ter- nothing about the concern shared by so I thank the managers on both sides of rorism. That is a goal we all share. But many people, that by attacking Iraq to the aisle for today’s work and the pre- he offered no evidence that Iraq had enforce Security Council Resolution vious days’ work. anything to do with the September 11 1441 without the support of key allies Earlier today, by a vote of 64 to 33, attacks or any details of Iraq’s links to on the U.N. Security Council, we risk the Senate passed S. 3, the partial- al-Qaida. weakening the Security Council’s fu- birth abortion ban bill. I thank all He offered no new information about ture effectiveness and our own ability Members on both sides of the aisle for the potential costs of a war, either in to rally international support not only their debate and their courtesies American and Iraqi lives, or in dollars. to prevent this war and future wars, throughout the consideration of that Both Republicans and Democrats have but to deal with other global threats bill. urged the President to be more forth- like terrorism. This concern is exacer- In addition, this week, we have been coming with the American people, to bated by the increasing resentment able to confirm five district judges and tell us what sacrifices may be in- throughout the world of the adminis- one circuit judge. Unfortunately, we volved—not to have Cabinet members tration’s domineering and simplistic were unable to reach a conclusion with come to the Senate and the House, and ‘‘you are either with us or against us’’ respect to the Estrada nomination and, when asked how much they estimate a approach. It has damaged longstanding therefore, we will have the cloture war and its aftermath may cost, say: relationships, relationships that have vote, once again, on Tuesday. We have no idea. taken decades of trust and diplomacy Next week, the Senate will proceed We know the administration has esti- to build, both with our neighbors in to the budget resolution. The Budget mated the costs, yet the President this hemisphere and our friends across Act provides for 50 hours of consider- dismissively says ‘‘ask the spenders’’ in the Atlantic.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3700 CONGRESSIONAL RECORD — SENATE March 13, 2003 The President says that if the Secu- Shaikh Mohammed, one of al-Qaida’s Why is he so unconcerned about the rity Council does not support the use of top leaders who was reportedly the predictably hostile reaction in the force today, it risks becoming irrele- mastermind of the September 11 at- Muslim world to the occupation of vant. The President has it backward. tacks. Whether others within al-Qaida Iraq, perhaps for years, by the United The Security Council would not be- will quickly fill Mr. Mohammed’s shoes States military? come irrelevant because it refuses to remains to be seen, but the fact that Why is the President so determined obey the President of the United the U.S. Government and other govern- to run roughshod over our traditional States. Rather, the Security Council’s ments are methodically tracking these alliances and partnerships which have effectiveness is threatened if the people down sends an important mes- served us well and whose support we United States ignores the will of key sage and should give some comfort to need both today and in the future? allies on the Security Council regard- the American people. This is encour- I cannot pretend to understand the ing the enforcement of a Security aging. Let’s hope we can soon celebrate thinking of those in the administration Council resolution. the capture of Osama bin Laden, be- who for months or even longer have The President was also asked by sev- cause capturing the leaders of al-Qaida seemed possessed with a kind of mes- eral members of the press why there is should be our highest priority. sianic zeal in favor of war. A preemp- such fervent opposition to his policy But the world is increasingly appre- tive, U.S. attack against Iraq without among Americans and some of our old- hensive as the United States appears to a declaration of war by Congress or the est allies when only a year and a half be marching inexorably towards war U.N. Security Council’s support may be ago, after the September 11 attacks, with Iraq. Today, there are more than easy to win, but it could violate inter- the whole world was united in sym- 250,000 American men and women in national law and cause lasting damage pathy with the United States. He had uniform in the Persian Gulf preparing to our alliances and to our ability to no answer. for the order to attack. We hear that obtain the cooperation of other nations The President should heed the words the decision must be made within a in meeting so many other global chal- of former National Security Adviser matter of days because it is too costly lenges. Brent Scowcroft, who was an architect to keep so many troops deployed over- Just recently, Homeland Security of the 1991 Gulf War. General Scowcroft seas. In other words, now that we have Secretary Tom Ridge warned that a has strongly criticized the administra- spent billions of dollars to ship all war with Iraq could bring more threats tion’s ad hoc approach based on a ‘‘coa- those soldiers over there, we need to and more terrorist attacks within the lition of the willing’’ which the general use them because we cannot back down United States. The CIA Director has calls ‘‘fundamentally, fatally flawed.’’ now, as I have heard some people say. testified that Saddam Hussein is more General Scowcroft said: Frankly, this is one of the worst rea- likely to use chemical or biological As we’ve seen in the debate about Iraq, it’s sons possible to rush into war. weapons if he is attacked. Yet we are already given us an image of arrogance and We should not back down. Saddam marching ahead as though these warn- unilateralism, and we’re paying a high price Hussein must be disarmed. Doing noth- ings don’t matter. for that image. If we get to the point where ing—I agree with the President about I have said before, this war is not in- everyone secretly hopes the United States this—would mean the United Nations evitable. I still believe it can be avoid- gets a black eye because we’re so obnoxious, is unwilling to enforce its own resolu- ed. But I fear that the President, de- then we’ll be totally hamstrung in the war tions concerning perhaps the most seri- spite opposition among the American on terror. We’ll be like Gulliver with the ous threat the world faces today, the people, in the U.N., and around the Lilliputians. proliferation of weapons of mass de- world, is no longer listening to anyone For 200 years, people around the struction. That would be unacceptable. except those within his inner circle world have looked up to the United The U.N. Security Council ordered Iraq who are eager to fight. States because of our values, our integ- to fully disclose its weapons of mass The President says we must over- rity, our tolerance, and our respect for destruction. Iraq has not yet done so. throw Saddam Hussein to protect the others. These are the qualities that I agree with those who say the only American people. Saddam Hussein is a have set the United States apart. reason Saddam Hussein is even grudg- threat, but North Korea, on the verge Today, while most countries share our ingly cooperating with the U.N. inspec- of acquiring half a dozen nuclear weap- goal of disarming Saddam Hussein, we tors is the buildup of U.S. troops on ons, poses a far more serious and im- are being vilified for our arrogance, for Iraq’s border. I have commended the mediate threat to the United States our disdain for international law, and President for refocusing the world’s at- and the world. Yet the administration our intolerance of opposing views. tention on Saddam Hussein’s failure to is too preoccupied with Saddam Hus- A distinguished American career dip- disarm. I also recognize the time may sein to be distracted by North Korea, lomat, John Brady Kiesling, echoed come when the use of force to enforce even though North Korea has shown no General Scowcroft’s concerns about the the U.N. Security Council resolution is qualms about selling ballistic missiles practical harm done to U.S. interests the only option. But are proposals to and anything else that will earn them and influence abroad. He recently give the U.N. inspectors more time un- money. It makes no sense. wrote to Secretary of State Colin Pow- reasonable, when it could solidify sup- I hope the Iraqi government comes to ell, proffering his resignation as an act port for the use of force if that becomes its senses. I hope we do not walk away of protest about the administration’s the only option? from the U.N. I hope we don’t decide policy toward Iraq. I suspect Mr. Despite the President’s assertion that just because our troops are there, Kiesling’s eloquent and heartfelt expla- that Iraq poses an imminent threat to we cannot afford to wait. nation of how he reached the difficult the United States, that assertion begs EXHIBIT 1 decision to give up his career expresses credulity when the U.N. inspectors are FEBRUARY 27, 2003. the feelings and concerns of some other making some progress and a quarter of DEAR MR. SECRETARY: I am writing you to American diplomats who are rep- a million American soldiers are poised submit my resignation from the Foreign resenting the United States at our em- on Iraq’s border. Absent a credible, im- Service of the United States and from my po- minent threat, a decision to enforce sition as Political Counselor in U.S. Em- bassies and missions around the world. bassy Athens, effective March 7. I do so with I ask unanimous consent that Mr. Resolution 1441 should only be made by a heavy heart. Kiesling’s letter to the Secretary be the Security Council—not by the The baggage of my upbringing included a printed in the RECORD at the conclu- United States or any other government felt obligation to give something back to my sion of my remarks. alone. country. Service as a U.S. diplomat was a The PRESIDING OFFICER. Without The President says war is a last re- dream job. I was paid to understand foreign objection, it is so ordered. sort. If he feels that way, why do he languages and cultures, to seek out dip- (See exhibit 1.) and his advisors want so desperately to lomats, politicians, scholars and journalists, Mr. LEAHY. While I was dis- short-circuit the inspection process? and to persuade them that U.S. interests and appointed by President Bush’s remarks Why is he so anxious to spend bil- theirs fundamentally coincided. My faith in my country and its values was the most pow- last week, the Bush administration and lions of dollars to buy the cooperation erful weapon in my diplomatic arsenal. the Pakistani Government should be of other countries, other countries that It is inevitable that during twenty years commended for the capture of Khalid do not yet believe war is necessary? with the State Department I would become

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3701 more sophisticated and cynical about the I urge you to listen to America’s friends cludes periods when grave injustices narrow and selfish bureaucratic motives that around the world. Even here in Greece, pur- were tolerated. Those dark periods in sometimes shaped our policies. Human na- ported hotbed of European anti-Ameri- our national history teach us lessons ture is what it is, and I was rewarded and canism, we have more and closer friends we must never forget. But we have bat- promoted for understanding human nature. than the American newspaper reader can But until this Administration it had been possibly imagine. Even when they complain tled fiercely to overcome injustice, and possible to believe that by upholding the about American arrogance, Greeks know we are a better nation for our willing- policies of my president I was also upholding that the world is a difficult and dangerous ness to fight those battles. the interests of the American people and the place, and they want a strong international Our most deeply held national values world. I believe it no longer. system, with the U.S. and EU in close part- are rooted in our pursuit of justice for The policies we are now asked to advance nership. When our friends are afraid of us all. It urges us to ensure fair treatment are incompatible not only with American rather than for us, it is time to worry. And values but also with American interests. Our for each person, to extend help to those now they are afraid. Who will tell them con- in need, and to create opportunity for fervent pursuit of war with Iraq is driving us vincingly that the United States is as it was, to squander the international legitimacy a beacon of liberty, security and justice for each individual to advance. Those are that has been America’s most potent weapon the planet? among the most important yardsticks of both offense and defense since the days of Mr. Secretary, I have enormous respect for by which we measure our success in Woodrow Wilson. We have begun to dis- your character and ability. You have pre- building ‘‘a more perfect union.’’ mantle the largest and most effective web of served more international credibility for us Now as we consider the prospect of international relationships the world has than our policy deserves, and salvaged some- war with Iraq, many of us have serious ever known. Our current course will bring in- thing positive from the excesses of an ideo- questions about whether current na- stability and danger, not security. logical and self-serving Administration. But The sacrifice of global interests to domes- tional policy reflects America’s values. your loyalty to the President goes too far. tic politics and to bureaucratic self-interest We owe it to the brave men and We are straining beyond its limits an inter- is nothing new, and it is certainly not a national system we built with such toil and women of our armed forces to ensure uniquely American problem. Still, we have treasure, a web of laws, treaties, organiza- that we are embarked on a just war— not seen such systematic distortion of intel- tions and shared values that sets limits on that the sacrifice we ask of them is for ligence, such systematic manipulation of our foes far more effectively than it ever a cause that reflects America’s basic American opinion, since the war in Vietnam. constrained America’s ability to defend its The September 11 tragedy left us stronger values. interests. than before, rallying around us a vast inter- Our men and women in uniform are I am resigning because I have tried and national coalition to cooperate for the first working and training hard for the seri- failed to reconcile my conscience with my time in a systematic way against the threat ous challenges before them. They are ability to represent the current U.S. Admin- of terrorism. But rather than take credit for living in the desert, enduring harsh istration. I have confidence that our demo- those successes and build on them, this Ad- cratic process if ultimately self-correcting, conditions, and contemplating the hor- ministration has chosen to make terrorism a and hope that in a small way I can con- rors of the approaching war. domestic political tool, enlisting a scattered tribute from outside to shaping policies that Their families left behind are sacri- and largely defeated Al Qaeda as its bureau- better serve the security and prosperity of ficing, too, each and every day here at cratic ally. We spread disproportionate ter- the American people and the world we share. ror and confusion in the public mind, arbi- home, wondering if their loved ones in trarily linking the unrelated problems of ter- Mr. LEAHY. I suggest the absence of uniform will return unharmed. Many— rorism and Iraq. The result, and perhaps the a quorum. especially the families of our reserv- motive, is to justify a vast misallocation of The PRESIDING OFFICER. The ists—are struggling to make ends meet shrinking public wealth to the military and clerk will call the roll. as their spouses are called up for to weaken the safeguards that protect Amer- The assistant legislative clerk pro- months of duty abroad. Wives are sepa- ican citizens from the heavy hand of govern- ceeded to call the roll. rated from husbands. Children are sep- ment. September 11 did not do as much dam- Mr. KENNEDY. Madam President, I arated from fathers and mother. Busi- age to the fabric of American society as we seem determined to do to ourselves. Is the ask unanimous consent that the order nesses and communities are struggling Russia of the late Romanovs really our for the quorum call be rescinded. to go forward without valued employ- model, a selfish, superstitious empire thrash- The PRESIDING OFFICER (Ms. MUR- ees now serving in the gulf. ing toward self-destruction in the name of a KOWSKI). Without objection, it is so or- More than 150,000 National Guard and doomed status quo? dered. Reserve soldiers have been mobilized. We should ask ourselves why we have f Of these, 13,000 have been on active failed to persuade more of the world that a duty for at least a year. Others return war with Iraq is necessary. We have over the AMERICAN VALUES AND WAR home from deployments, only to turn past two years done too much to asset to our WITH IRAQ world partners that narrow and mercenary around and head back overseas for a U.S. interests override the cherished values Mr. KENNEDY. Madam President, new tour of duty. For many of these of our partners. Even where our aims were the true greatness of America lies in soldiers, ‘‘the expected one weekend a not in question, our consistency is at issue. the values we share as a nation. month, two weeks a year’’ is merely a The model of Afghanistan is little comfort to From America’s beginning, we shared slogan, and does not reflect their new allies wondering on what basis we plan to re- a passionate concern for the rights and reality. In fact, today’s reservists are build the Middle East, and in whose image the well-being of each individual—a spending thirteen times longer on ac- and interests. Have we indeed become blind, concern stated eloquently in our found- tive duty than they did a decade ago. as Russia is blind in Chechnya, as Israel is ing documents, the Declaration of blind in the Occupied Territories, to our own A recall to active duty brings finan- advice, that overwhelming military power is Independence, the Constitution and the cial hardship as well. Many give up not the answer to terrorism? After the sham- Bill of Rights. larger civilian salaries when they go on bles of post-war Iraq joins the shambles in From our immigrant roots, we active duty. The law requires employ- Grozny and Ramallah, it will be a brave for- learned not only to tolerate others ers to take back reservists after their eigner who forms ranks with Micronesia to whose appearance, religion, and culture deployments. But for those who work follow where we lead. are different from our own, but to rein small firms or are self-employed, We have a coalition still, a good one. The spect and welcome them, and to recog- loyalty of many of our friends is impressive, there are no such guarantees unless a tribute to American moral capital built up nize our diversity as a source of great their firms are still in business. over a century. But our closest allies are per- strength. The families of our men and women suaded less that was is justified than that it From our religious faith and our in uniform pay a price for this deploy- would be perilous to allow the U.S. to drift sense of community, we gained an un- ment. During the Vietnam War, only 20 into complete solipsism. Loyalty should be derstanding of the importance of fair- percent of all Army military personnel reciprocal. Why does our President condone ness and compassion for the less fortu- were married. Today over 50 percent of the swaggering and contemptuous approach nate. the military are married, which means to our friends and allies this Administration In the same way that parents try to enormous strain on the families who is fostering, including among its most senior officials. Has oderint dum metuant [Ed. note: build a better life for their children, are left behind to worry and cope with Latin for ‘‘Let them hate so long as they each generation of Americans has tried the sudden new demands of running a fear,’’ thought to be a favorite saying of Ca- to leave a more just society to the household alone, never knowing how ligula] really become our motto? next. We all know that our history in- long their loved ones will be away.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3702 CONGRESSIONAL RECORD — SENATE March 13, 2003 Among those on active duty, we are other option, it is dangerous, it is dead- The President must explain why war demanding more from our troops for ly, it is irreversible. That is why, with Iraq will not distract us from the longer periods of time. One of our air- whenever we resort to force in the more immediate and graver danger craft carriers, the USS Abraham Lin- world, there is an urgent need to en- posed by North Korea. Something is coln, has been away from home port for sure that we remain true to our values wrong at 1600 Pennsylvania Avenue if 233 days. The crew expected to return as Americans. we rush to war with a country that for Christmas, and had made it half Saddam Hussein is one of the most poses no nuclear threat, but will not way home across the Pacific Ocean brutal tyrants on the world stage even talk to a country that brandishes when they were given orders to turn today. He has murdered thousands of its nuclear power right now. Any nu- around and head for the Persian Gulf. his own people—many with chemical clear threat from Iraq, we are told, is These men and women are forced to and biological weapons. He has at- probably 5 years into the future. But put their lives on hold, missing births, tempted to wipe out entire commu- the threat from North Korea exists delaying weddings, and dealing with nities. He has attacked neighboring today. family crises by phone and e-mail. countries. He supports terrorism Desperate and strapped for cash, These men and women are well-pre- against innocent civilians throughout North Korea is the greatest current nu- pared to serve their country. But in the Middle East. Undeniably, the world clear danger to the United States, and calling them up, we also pay the price would be a better place without Sad- it is clearly taking advantage of the here at home with increased vulner- dam Hussein. That fact, however, situation in Iraq. It is the country ability in our police and fire depart- should not be the end of the inquiry, most likely to sell nuclear material to ments. A recent survey of 8,500 fire de- but only the beginning. terrorists. It may well have a long- partments by the International Asso- From the perspective of our shared range missile that can strike our soil. ciation of Fire Chiefs showed that values, the fundamental question is War with Iraq will clearly undermine nearly three-fourths of them have staff whether this is a ‘‘just war.’’ That is our ability to deal with this rapidly es- in the Reserves. A similar survey of not an easy question to answer, be- calating danger. But our options are more than 2,100 law enforcement agen- cause some elements of a just war are not limited to invading Iraq or ignor- cies by the Police Executive Research clearly present. ing Iraq. No responsible person sug- Forum found that 44 percent have lost There are six principles that guide gests that we ignore the Iraqi threat. the determination of ‘‘just war.’’ They personnel to call ups. The presence of U.N. inspectors on These are Americans who love their were first developed by St. Augustine the ground in Iraq, coupled with our country. They proudly wave the Stars in the Fifth Century and expanded own significant surveillance capacity, and Stripes on our national holidays. upon by St. Thomas Aquinas in the make it extremely unlikely that Iraq They honor and pray for past veterans Thirteenth Century. To be just a war can pursue any substantial weapons de- on Memorial Day. Their children are in must have a just cause, confronting a velopment program without detection. our schools. They attend our churches, danger that is beyond question; it must If we can effectively immobilize our synagogues, and our mosques. We be declared by a legitimate authority Saddam’s activity, the danger his re- acting on behalf of the people; it must see them in the grocery store or at gime poses can be minimized without be driven by the right intention, not PTA meetings. They are a part of our war. ulterior, self-interested motives; it communities—and a part of us. And Above all, we cannot allow dif- must be a last resort; it must be pro- they are willing to give their lives for ferences over Iraq to shatter the very portional, so that the harm inflicted their country. So we owe it to these coalition we depend upon in order to ef- does not outweigh the good achieved; men and women and their families— fectively combat the far greater and and it must have a reasonable chance these brave Americans—to get it right. more imminent threat posed by the al- I am concerned that as we rush to of success. These are sound criteria by which to Qaida terrorists. Close international war with Iraq, we are becoming more judge our impending war in Iraq. cooperation is what led to the recent divided at home and more isolated in First, does Iraq pose a danger to us arrest in Pakistan of the planner of the the world community. Instead of per- that is beyond question? 9/11 attack. suading the dissenters at home and Clearly, Iraq does pose a considerable Second, has the war been declared by abroad, the Administration by its danger, principally because of Saddam a legitimate authority acting on behalf harsh rhetoric is driving the wedge Hussein’s biological and chemical of the people? deeper. Never before, even in the Viet- weapons and his history of attempts to When Congress voted last October, nam war, has America taken such bold develop nuclear weapons. But it is not most Members believed that the use of military action with so little inter- at all clear that the only way to pro- force by America would have United national support. It is far from clear tect ourselves from that threat is war. Nations backing. Such backing is now that the United Nations Security In fact, many of us are deeply con- highly unlikely. Last October, no Council will pass any new resolution cerned that initiating a war to remove international inspectors had been in that we can use as authorization for Saddam Hussein will actually increase Iraq for 5 years. Now, U.N. inspectors military action in Iraq. Even some the danger to the American people. are on the ground engaged in disarming strategically important allies, such as The biological and chemical weapons Saddam. Turkey, who were expected to be with Saddam has are not new. He has pos- No war by America can be success- us, have backed away. The administra- sessed them for more than a decade. He fully waged if it lacks the strong sup- tion continues to turn a deaf ear to all did not use them against us in the gulf port of our people. And America re- of these voices, and single-mindedly war and he did not use them against us mains divided on an invasion of Iraq pursues its course to war. in the years since then, because he un- without United Nations approval. The Within the rising chorus of dissent derstands that any use of them would reason for that lack of support today is have been the voices of much of the or- lead to his certain destruction. As CIA clear. The administration has not made ganized religious community in this Director George Tenet stated last year a convincing case that war is nec- country—Christian, Jewish and Mus- in testimony before Congress, the essary, nor have they credibly an- lim. Within the Christian community, greatest danger of their use occurs if swered crucial questions about the cost opposition to war against Iraq includes Saddam knows he is about to be re- of the war in lives and dollars, how the Roman Catholic Church, to which I moved from power and therefore per- long American troops will remain in belong, and many mainline Protestant ceives he has nothing left to lose. Iraq, and what type of Iraqi govern- and Orthodox churches. These are not Iraq, to the best of our knowledge, ment will replace Saddam. pacifist groups who oppose war under has no nuclear weapon. If nuclear In his address last week on a post- all circumstances. They are religious weapons in the hands of a rogue state war Iraq, President Bush failed to give leaders who say the moral case has not are our principal concern, then cer- adequate answers to the key questions been made for this war at this time. tainly North Korea poses a much more on the minds of the American people War is not just another means to imminent threat. And Iran—not Iraq— about the war and its aftermath. He achieving our goals. More than any is close behind. painted a simplistic picture of the

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3703 brightest possible future—with democ- has turned his focus from his own gov- of another domestic terrorist attack. racy flourishing in Iraq, peace emerg- ernment to the U.S. Government. He The war will make it a more dangerous ing among all nations in the Middle said: [The main enemy of the Muslims time on the American homefront. East, and the terrorists with no base of and the Arabs is America—and we There will also be a very substantial support there. In a dangerous world, don’t want it to impose things on us. financial cost to the war The short- the fundamental decision on war or We would rather tolerate dictatorship term cost is likely to exceed $100 bil- peace cannot be made on rosy and unin our countries than import reforms lion. The long-term cost, depending on realistic scenarios. from America.] how long our troops must remain in Third, any war must be driven by the The war against al-Qaida is far from Iraq, will be far more. If our national right intention. over, and the war against Iraq may security were at stake, we would spare I do not question the President’s mo- make it worse. no expense to protect American lives. After 9/11 we witnessed an unprece- tive in pursuing this policy, but I seri- But the administration owes the na- dented rallying of the world commu- ously question his judgment. tion a more honest discussion about nity to our side. That international The Bush administration was wrong the war costs we are about to face, es- unity was our strongest weapon to allow the anti-Iraq zealots in its pecially if America has to remain in against terrorism. It denied terrorists ranks to exploit the 9/11 tragedy by Iraq for many years, with little support sanctuary, it led to a vital sharing of using it to make war against Iraq a from other nations. higher priority than the war against intelligence, and it helped to cut off The sixth element of a just war is terrorism. the flow of financial resources to al- that it must have a reasonable chance Al-Qaida—not Iraq—is the most im- Qaida. We cannot allow that inter- of success. minent threat to our national security. national cooperation to shatter over Our citizens are asked to protect them- our differences on Iraq. We cannot be a I have no doubt that we will prevail selves from al-Qaida with plastic sheet- bully in the world school yard and still on the battlefield but what of the con- ing and duct tape, while the adminis- expect friendship and support from the sequences for our own national secu- tration prepares to send our armed rest of the world. rity and the peace and security of the forces to war against Iraq. Those prior- Fifth, any war must be proportional, Middle East? ities are wrong. so that the harm inflicted does not out- We know that a stable government In a desperate effort to justify its weigh the good achieved. will be essential in a post-war Iraq. But focus on Iraq, the administration has If there is a war, we all pray that it the administration refuses to discuss in long asserted that there are ties be- will be brief, and that casualties will be any real detail how it will be achieved tween Osama and Saddam—a theory few. But there is no assurance of that. and how long our troops will need to with no proof that is widely doubted by Certainly, we have the military power stay. President Bush assumes every- to occupy Iraq. But that may only be intelligence experts. Two weeks after 9/ thing will go perfectly. But war and the beginning. Our troops may be con- 11, Secretary Rumsfeld claimed that we it’s consequences hold enormous risks fronted by urban guerilla warfare from had ‘‘bulletproof’’ evidence of the link. and uncertainties. forces still loyal to Saddam or simply But a year later, CIA Director Tenet anti-Western. The war may be far more As retired General Anthony Zinni conceded in a letter to the Senate In- brutal than we anticipate. has asked, will we do what we did in telligence Committee that the Admin- In such a conflict, innocent civilian Afghanistan in the 1970s—drive the old istration’s understanding of the link casualties could also be high. We can- Soviet Union out and let something ar- was still ‘‘evolving’’ and was based on not let Saddam hide behind innocent guably worse emerge in it’s place? ‘‘sources of varying reliability.’’ In human shields if there is a war. But The vast majority of the Iraqi people fact, the link is so widely doubted that that large risk makes it all the more may well want the end of Saddam’s intelligence experts have expressed imperative for war to be only a last re- rule, but they may not welcome the their concern that intelligence is being sort. United States to create a government politicized to support the rush to war. We have been told that an attack on in our own image. Regardless of their Fourth, war must always be a last re- Iraq will begin with an enormous own internal disagreements, the Iraqi sort. cruise missile assault to destroy their people still feel a strong sense of na- That is why all options must be pur- infrastructure, strike fear and awe in tional identity, and could quickly re- sued. Inspections still have a chance to the hearts of the enemy, and under- ject an American occupation force that work in Iraq. Progress is difficult. No mine their will to resist. We know that tramples on local cultures. one said it would be easy. But as long thousands of cruise missiles will be We must recognize that from the day as inspectors are on the ground and fired in the first 48 hours of the war, we occupy Iraq, we shoulder the re- making progress, we must give peace a more than were launched in the entire sponsibility to protect and care for its chance. 40 days of the gulf war. Such a massive citizens. We are accountable under the But before resorting to war, it is ex- assault will unavoidably produce a tremely important to reach agreement Geneva Conventions for public safety very substantial number of civilian in neighborhoods, for schools, and for that there is no alternative. Nations casualties. That harsh reality adds that have been among our closest allies meeting the basic necessities of life for greatly to the burden that must be 23 million Iraqi civilians. oppose us now because they do not be- overcome by those who argue that war This daunting challenge has received lieve that the alternatives to war have is the proper response now. It is a bur- very little attention from the adminis- been exhausted. Many of them believe den they have not met. that an invasion of Iraq could desta- One of the highest and worst costs of tration. As the dust settles, the re- bilize the entire Middle East. war may be the humanitarian costs. pressed tribal and religious differenced Many of them believe that instead of Sixty percent of Iraq’s people rely on of the past may come to the fore—as subduing terrorism, war with Iraq will the United Nations’ Oil-for-Food Pro- they did in the brutal civil wars in the increase support and sympathy in the gram for their daily survival. Food is former Yugoslavia, in Rwanda, and Islamic world for terrorism against the distributed through 46,000 government other countries. As our troops bypass West. We cannot cavalierly dismiss distributors supplied by a network of Basra and other Iraqi cities on their these concerns of our allies. food storage barns. A war with Iraq way to Baghdad, how will we prevent War with Iraq runs the very serious will disrupt this network. Many Iraqis, the revenge bloodletting that occurred risk of inflaming the Middle East and especially poor families, have no other after the last Gulf War, in which thou- provoking a massive new wave of anti- source of food. Women and children sands of civilians lost their lives? Americanism that may well strengthen will be the most vulnerable victims. What do we do if Kurds in northern the terrorists, especially if we act According to recent reports, 500,000 Iraq proclaim an independent without the support of the world com- Iraqi children already suffer from mal- Kurdistan? Or the Shia in southern munity. nutrition. Iraq move toward an alliance with A year ago, The Wall Street Journal And what are the costs to America? Iran, from which they have long drawn quoted a dissident in Saudi Arabia who We all know there is an increased risk their inspiration?

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3704 CONGRESSIONAL RECORD — SENATE March 13, 2003 We have told the government of Tur- Mrs. DOLE. Madam President, I ask case, we might never have known all key that we will not support an inde- unanimous consent that the order for the agencies that contributed to the pendent Kurdistan, despite the fact the quorum call be rescinded. captures. that the Kurdish people in Iraq already The PRESIDING OFFICER. Without The Central Intelligence Agency and have a high degree of US-supported au- objection, it is so ordered. the Federal Bureau of Investigation do tonomy and have even completed work f not watch after us alone. We should be on their own constitution. Do we send thankful for the hard work of the men TRIBUTE TO INTELLIGENCE in our troops again to keep Iraq and women of the Defense Intelligence SERVICES united? Agency, the National Security Agency, Post-War Afghanistan is not exactly Mrs. DOLE. Madam President, I rise and the National Reconnaissance Of- the best precedent for building democ- to pay tribute to the excellent work of fice. They and others are working racy in Iraq. Sixteen months after the our intelligence services in capturing around the clock to defend us in the fall of the Taliban government in Af- Khalid Shaikh Mohammed. This is a war on terror. ghanistan, President Hamid Karzai is major triumph in the war on terror. It is not just our intelligence agen- still referred to as ‘‘the Mayor of Our officers from the Central Intel- cies that should be thanked. It was our Kabul’’—because of the weak and frag- ligence Agency and Federal Bureau of friends in Pakistan who discovered Mo- ile hold of his government on the rest Investigation, the National Security hammed, who arrested him, who turned of the nation. Warlords are in control Agency, and their counterparts in the him over. President Musharraf has con- of much of the countryside. The Af- Pakistani and intelligence services are tinued his strong support for the war ghan-Pakistani border is an area of an- to be highly commended. on terror, and we must continue to archy—and ominous al-Qaida cells. Let there be no doubt, capturing Mo- work with allies such as Pakistan to The U.S. military is far from hammed is a big deal. He has a long eradicate terrorism. equipped to handle the challenge of and bloody history. He has been impli- Yes, this is a great win in the war on meeting the needs of a post-Saddam cated in the 1993 bombing of the Twin terror, but it was not a victory. We Iraq. Our government must have a plan Towers. He played a major role in plans may never actually realize when we in place to care for the population. Yet to hijack airliners in Asia and crash have achieved victory; for the men and we have heard little from the adminis- them into the sea. He may well have women who make our intelligence sys- tration on how they intend to meet been a leader in the attack on the USS tem work will have to continue their this obligation. To succeed in winning Cole, an attack that killed 17 United vigilance, that quiet and all too often the peace, we will need the help and States sailors and wounded 39 others. unheralded vigilance. support of the international commu- He has been implicated in the attacks Madam President, I suggest the ab- nity. That is afar less likely to happen on the United States embassies in sence of a quorum. The PRESIDING OFFICER. Will the if we do not have the international Kenya and Tanzania which killed hun- Senator withhold her suggestion of the community with us the start. dreds and wounded thousands. And he Before the President makes the final planned the attacks of September 11. absence of a quorum? It is not just attacks against Ameri- Mrs. DOLE. I withhold. fateful decision to go to war in Iraq, The PRESIDING OFFICER. The Sen- cans. He is now wanted by our friends, his administration must answer each of ator from Illinois. these just war questions much more the Australians, for questioning in con- Mr. DURBIN. I ask consent to speak convincingly than they have so far. nection with the recent bombings in in morning business. The American people are waiting for Bali which killed hundreds of those The PRESIDING OFFICER. We are in the answers. The entire world is wait- citizens. There has even been a warrant morning business. issued by our reluctant allies in France ing for the answers. f We are no at a major cross-road in for his role in the bombing of a syna- our history. The 9/11 attrocities has gogue that killed a French citizen. IRAQ forced us all to think profoundly about Those are the horrible acts of his Mr. DURBIN. Madam President, what is great in America. All through past that we know about. By capturing there is an interesting turn of events. our shock and grief, the people’s cour- Mohammed, what devastating plots Those who were looking for a debate on age never failed. 9/11 was one of the Na- have our intelligence services pre- the war in Iraq had best turn to C- tion’s saddest hours, but the response vented? Hopefully, as they start to SPAN and witness the question period was one of our finest hours. learn more from Mohammed, they will in London before the British House of That hour must not be lost. It can also be able to thwart future attacks. Commons. I have been watching it. It mark the beginning of a new era of Another possibility is that those who is a fascinating debate. common purpose—a return to policies would engage in such acts will realize Tony Blair is defending his position which truly reflect America’s values, a their secrets may now be compromised in support of the United States. His return to the genuine pursuit of jus- and, hopefully, they will abandon their own party is divided. The conservatives tice. The unselfishness we saw in 2001 plans. support him. The questioning is very must not give way to selfishness in Not only did we get Mohammed, tough. In the course of defending his 2003. The noble caring for one another their operations planner, we also got position, some important questions are that we celebrated then must not be Hawsawi, their chief financier. The 9/11 being asked and answered in the Brit- succeeded now by a retreat from our terrorists sent their left-over money to ish House of Commons. ideals. Hawsawi. By taking him out of the al- If you would expect the same thing Yes, our country is strong but it can Qaida operations, we have damaged here in the U.S. Congress, you might be be stronger—not just in the power we their ability to move money into ter- surprised or disappointed to learn it is hold, but in the promise we fulfill of a rorists’ hands. This should hamper not taking place. What is taking place nation that truly does make better the their ability to launch any currently is speeches on the floor by individual life of the world. If we rededicate our- planned operations. Senators. Today, I have seen Senator selves to that great goal, our achieve- I want to thank our intelligence serv- BYRD of West Virginia, Senator DAY- ments will reverberate around the ices for the work they do. Yes, there TON of Minnesota, Senator KENNEDY of globe, and America will be admired have been mistakes in the past, and Massachusetts. Others have come to anew for what it must be now, in this there will be human failures in the fu- the floor to speak about the war in new time, more than ever—‘‘the last, ture. But when we learn of their vic- Iraq. But there has literally been no best hope of earth.’’ tories, they should be thanked. That active debate on this issue on Capitol I yield the floor and suggest the ab- thanks comes with the knowledge that Hill, in the United States of America, sence of a quorum. there must be many more instances since last October. The PRESIDING OFFICER. The where we have been protected and The reason, of course, is that last Oc- clerk will call the roll. there was no public acclaim for these tober we enacted a use of force resolu- The assistant legislative clerk pro- servants of the public. Frankly, with- tion which virtually gave to the Presi- ceeded to call the roll. out the publicity surrounding this dent of the United States the authority

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3705 to declare war and execute it against 1812, the United States was invaded by peacekeeping duties and much of Iraq recon- Iraq at the time and place of his choos- an enemy. Of course, Pearl Harbor was struction on its own—meaning beleaguered ing. I was one of 23 Senators who voted an attack on the territories as well, American taxpayers may bear the brunt of the costs. against that resolution, believing that but that attack on the continental True, a broad coalition never in the cards. there were better ways to achieve our United States on September 11, 2001, Unlike Operation Desert Storm, which was a goals, and that if Congress did that, we was one that stunned us, saddened us, response to Iraq’s invasion of Kuwait, this would be giving to this President the shocked us as a nation, and we looked showdown looms as a exercise in preemptive greatest delegation of authority to for friends and we found them in every action. Still, while Bush talks of a ‘‘coalition wage war ever given to a President. corner of the world. They joined us in of the willing’’ backing a U.S. invasion of The time that has intervened since a war on terrorism, sharing intel- Iraq, in reality the America finds itself with the passage of that resolution has prov- ligence resources, working together, precious few allies as the hour of decision approaches. And buying allegiances one coun- en me right. Congress has had no voice. making real progress. It was a good try at a time is a far cry from building a co- Oh, we have had moments of criticism, feeling, a feeling that many of these hesive group committed to a common cause. moments of comment, but we are not a countries now understood how impor- Another consequence of the Bush Adminis- serious part of this national concern tant a friendship with the United tration’s Iraq policy is that it could uninten- and national conversation over what States would be for their future and for tionally undermine the President’s broader will happen in Iraq. That is indeed un- the world. goal of implanting the seeds of reform in the fortunate. Look where we are today. We are at region. If the intervention comes to be seen There are several facts I think every- by Iraq’s neighbors as illegitimate, the re- a point now where we are trying to win sult could be more radicalism, not less. The one concedes, virtually everyone, on ei- enough friends to show that we have a Administration’s lofty goals in the Mideast ther side of the issue. The first and multilateral coalition that is going to could be much harder to achieve if ‘‘Ameri- most obvious is that Saddam Hussein wage this war against Iraq. cans are seen less as a partner than as a for- is a ruthless dictator. His continued I ask unanimous consent to have eign power,’’ says Jon B. Alterman, who re- domination over the nation of Iraq will printed in the RECORD an article that cently left the Bush State Department. continue to pose a threat to the region was published in Business Week. The In a sense, the current bargaining round and a concern for peace-loving nations was heralded by the September 11 terror edition was March 10, 2003. strike on America. In the subsequent war on around the world. The sooner his re- There being no objection, the mate- the Taliban regime in Afghanistan, the gime changes, the better. The sooner rial was ordered to be printed in the White House decided it had to shore up we control his weapons of mass de- RECORD, as follows: friendship and showered largesse on new al- struction, the better for the region and [From Business Week, Mar. 10, 2003] lies ranging from Tajikistan to impoverished African nations. None fared better than for the whole world. No one argues that DOLLAR DIPLOMACY point, not even the nations in the U.N. Pakistan, a desperately poor country that Money, it is often said, is the mother’s was pivotal in the anti-terror war. President Security Council that are arguing with milk of politics. It’s also turning out to be the United States about the best ap- Pervez Musharraf’s regime suddenly found the nectar of superpower diplomacy. itself freed of sanctions imposed for its nu- proach. As George W. Bush approaches the diplo- clear testing and the beneficiary of a $12.5 The second thing I think should be matic climax of his arduous drive to win billion debt restructuring from the U.S. and said at the outset is no one questions backing for war with Iraq, U.S. diplomats in- other nations. That helped lift Pakistan the fact that the U.S. military, the creasingly find themselves tempted to bran- from a debtor nation to one that now runs a men and women who make it the best dish Uncle Sam’s checkbook—and with it, modest current-account surplus. military in the world, deserve our sup- the suggestion that sticking with America Now, the Bush team faces a far more for- now might mean rewards later. Much of this midable chore in mustering global support port and our praise. They deserve our bid to win friends is playing out in the U.N. continued devotion to their success, for disarming Iraq by force. With skepticism Security Council, which is grappling with a rampant, France and a big bloc of nations whatever our debate about the policy U.S.-backed resolution that could trigger fear the consequences of the U.S. making in the Middle East or even in Iraq. As military action against Saddam Hussein. But preemptive attacks an acceptable policy far as those 250,000 American service- in broader terms, pressure on the White tool. Just as important, they fear that the men now stationed around Iraq, and House to dangle inducements transcends the risks of a destabilized Mideast far outweigh many others on the way, whatever our U.N. debate and goes to the heart of Wash- the danger Saddam poses. And in the region, position on the President’s policy, that ington’s current dilemma—America’s pov- where Saddam has been weakened and con- erty of friendship. tained since the 1991 war, resistance to a U.S. is irrelevant. We are totally committed For two years, Administration diplomacy to their safety and their safe return. invasion has led some countries to limit the has been marked by a brash Texas swagger American military’s rights to nearby bases. That is exactly the way it should be. that Bush partisans consider a refreshing ex- With allies scarce, small wonder that the Having said that, though, I think it ercise in plain-speaking—and which some Bushies may be tempted to float aid prom- is still important for us to step back traditional allies consider arrogance. But the ises—or be hit with a raft of ‘‘impact pay- and ask how we have possibly reached differences go beyond style. In walking away ment’’ requests from countries such as this state that we are in today. The from global treaties and disdaining the views Egypt, Israel, Turkey, and Jordan, who United States finds itself in a period of of traditional allies, Bush foreign policy has claim their economies will be damaged by anti-Americanism around the world also been marked by an in-your-face the fallout of any conflict. ‘‘When somebody unilateralism that has set much of the world that is almost unprecedented. I trav- knows they’re necessary for your game plan, on edge. they raise the price,’’ says former top State eled abroad a few weeks ago. I was Now, with the Administration struggling Dept. official Chester A. Crocker. stunned to find in countries that have to round up allies and hosting the leaders of The Bush Administration stoutly denies traditionally been our friends and al- such nations as Latvia and Bulgaria to dem- it’s buying U.N. support or military access. lies that, although they are saying lit- onstrate the depth of its coalition, the price ‘‘The President is not offering quid pro tle, in private they are very critical of of that disdain is coming into focus. ‘‘We’ve quos,’’ insists White House Press Secretary the United States and what we have made it harder than it had to be by taking a Ari Fleischer. In fairness, the practice of ce- done. high-handed approach,’’ says Samuel R. menting an entente with aid is hardly lim- Berger, National Security Adviser during the What happened between September ited to the Bushies. The Clintonites, who Clinton Administration. currently assail Bush’s need to reach for his 11, 2001, and March 13, 2003? Remember Indeed, the bill for the Administration’s wallet, threw billions at North Korea to keep that date, after the September 11 trag- approach is just starting to come due—and its nuclear program shuttered. They also edy, when nations all around the world, the bottom line is breathtaking. On Feb. 25, were forced to shrug when U.S. contributions including some of our historic enemies, Bush aides revealed that the cost of a mili- to the International Monetary Fund were came forward and said they would tary campaign could top $95 billion. That’s a squandered by Russian kleptocrats. ‘‘Check- stand with the United States in fight- far cry from what happened during the first book diplomacy,’’ says former State Dept. ing the war on terrorism? It was an Gulf War, when coalition partners paid some official Helmut Sonnenfeldt, ‘‘is as old as $70 billion of the $75 billion war tab. ‘‘Re- checkbooks.’’ amazing moment in history. It is a mo- building Iraq will require a sustained com- The most naked example of haggling came ment we will never forget as Ameri- mitment from many nations including our in the U.S.-Turkey base talks. With Turkish cans. own.’’ Bush said in speech to the American public opinion strongly antiwar and an econ- For the first time since the British Enterprise Institute on Feb. 26. But the fact omy on the ropes, the Turks sought upwards came into this building in the War of is, the U.S. will likely find itself shouldering of $35 billion in U.S. assistance for the right

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3706 CONGRESSIONAL RECORD — SENATE March 13, 2003 to station American troops on Turkish soil of Washington’s current dilemma—America’s moded. It is critically important for us for use in a pincer move against Saddam. poverty of friendship. to consider building alliances to After bitter negotiations, Ankara came away It goes on to say: achieve important goals for the United with a package that includes up to $20 billion And buying allegiances one country at a States and the world because in build- in cash and loans, some NATO military gear, time is a far cry from building a cohesive ing those alliances through the collec- and assurances that Iraq’s Kurdish national- group committed to a common cause. An- ists will be kept in check. Says Mehmet tive security of the United Nations, we other consequence of the Bush Administra- bring together common values, a con- Simsek, A London-based analyst with Mer- tion’s Iraq Policy is that it could uninten- rill Lynch & Co.: ‘‘The bottom line is, it will tionally undermine the President’s broader sensus on strategy, and a world vision give Turkey some breathing room.’’ goal of implanting the seeds of reform in the that will serve all of us well. One reason the talks were so tough is Tur- region. If the intervention comes to be seen key’s history with Desert Storm. After that To walk away from the United Na- by Iraq’s neighbors as illegitimate, the re- tions and say, once having engaged war, the U.S. backed out of promises to com- sult could be more radicalism, not less. pensate the country for the loss of trade with The Administration’s lofty goals in the them in a resolution, that we may not Iraq and aid to refugees. Now the Turks want Mideast could be much harder to achieve if be able to pass a use-of-force resolution money up front. ‘‘Americans are seen less as a partner than and that we will do it ourselves is to Jordan may actually be the hardest hit of as a foreign power,’’ says Jon B. Alterman, walk away from an important concept Iraq’s neighbors this time, so Washington is who recently left the Bush State Dept. which has been fostered by the United also receptive to Amman’s calls for help. ‘‘Nearly a quarter of our GDP could be What a dramatic turn of events, and States and supported by the United knocked out as a result [of a new war],’’ frets from the spirit of international co- States and which has been critically Fahed Fanek, a Jordanian economist. The operation, fighting the war on ter- important to us as recently as our ef- Administration is expected to ask Congress rorism, for the United States to be in a fort in the Persian Gulf and in Afghani- for $150 million in aid on top of the $300 mil- bidding war to try to bring the Turks stan. lion a year Jordan now receives. The U.S. al- into the position where they will allow But, by tomorrow, the decision may ready has started to deliver on a deal for F– us to use their country, it is just such be made. If the United Nations Secu- 16 fighters and Patriot II missiles, likely at a change from where we were. It re- a discount. rity Council does not support us, it is Other neighbors have their hands out, too. flects a sad decline in our diplomatic indeed possible that we will have uni- Israel wants $4 billion in additional military skills. lateral action by the United States, aid and $8 billion in loan guarantees. Egypt, Consider at the same time what is with the possible support of the Brit- which sees war losses of $1.6 billion to its happening in North Korea. Here we ish. tourist-dependent economy, wants faster de- have a country which has decided to livery of as much as $415 million earmarked test the United States. Why they have I asked the Secretary of Defense, for Cairo. decided is anyone’s guess. But let me Secretary Rumsfeld, several weeks ago: Much of the dickering has been more sub- hazard one. They see what is happening Who are our allies in this coalition tle. Key swing votes on the Security Coun- in Iraq. Iraq is waiting for the United against Iraq? He said: Certainly the cil—Chile, Guinea, Cameroon, Angola, Mex- United States with about 250,000 ico, and Pakistan—have growing trade ties Nations and others to protect them from a United States invasion, and troops, and the British with about with the U.S. that could be jeopardized by a 26,000 troops, and others. I said: Of the vote against the U.S. resolution. Both they are not being successful. North France and the U.S. are vying for those Koreans decided to take a much dif- others, who would rank third? At that votes, the U.S. by noting that the America ferent course. They are confronting the point, he said: The Turks. drive to ease agriculture subsidies among United States in the crudest and most We know what is happening. Their rich nations could open markets to Third dangerous way—suggesting that they Parliament will not allow us to use World farmers. are going to build nuclear weapons; their country as a base of operation. What will be most telling is how Pakistan votes. After all, U.S.-backed debt restruc- they are going to fire missiles; they are That may change. But it shows, when turing allowed the country to adopt reforms going to harass our aircraft; and they it comes to this effort, that it is by and that have helped revive the economy. And are going to defy us. They believe that large a bilateral effort by the United President Musharraf left Washington in late is the way to hold the United States States and the British against the 2001 with a 15% increase in clothing and tex- back. The process they are building up Iraqis. I think that is not the best ap- tile exports to the U.S., worth $500 million to could potentially proliferate nuclear proach. I think it is far better for us to Pakistani manufacturers. But Pakistani offi- weapons around the world. acknowledge what I think is the real cials insist money won’t sway their vote. Our response there, unlike with Iraq effective approach, and that is to en- ‘‘This is a matter of much greater impor- where we are full bore with a quarter gage our allies in the United Nations tance than just a question of incentives,’’ million troops and billions of dollars says Munir Akram, Pakistan’s U.N. ambas- and in the Security Council to put sador. committed, is to not even speak to the meaningful deadlines on Saddam Hus- It’s still far from clear whether dollar di- North Koreans. I don’t understand that sein; for the inspectors to reach their plomacy will give Uncle Sam a clearcut vic- level of diplomacy. I don’t understand goals; to let Saddam Hussein know tory in the U.N. But even without an affirm- how that will make this a safer world. that every step of the way, his failure ative vote, Bush seems intent on going ahead Let us reflect for a moment, though, to cooperate could result in the United with plans to attack Saddam by late March. on what is happening in the United Na- Nations taking action against him. Then the questions become: What kind of al- tions. I have read the critics from the That does not call for an invasion, but liance will Bush be heading, and how durable right who basically said we should go will such a coalition of convenience be? it puts him on a tight timetable that If all goes swimmingly on the battle-field, right over the United Nations; we no he has to live by. longer need them; we have the power; some of today’s qualms will surely fade—re- To abandon the inspections, to aban- we don’t need to wait around for small placed by radiant TV images of liberated don the role of the United Nations, and Iraqis and new-wave technocrats who vow to nations with populations that are a to launch a unilateral invasion of this build a new nation. But if the intervention fraction of the United States to decide country is going to be something that turns into the oft-predicted miasma of Mid- whether they will support us. In a way, I think we may regret. Will we be suc- dle Eastern intrigue and dashed hopes, in the world of realpolitik, that is true. America could find itself standing far more cessful militarily? I believe we will. I But the United States, in informing alone than it is today. Fast friends may be can’t tell you the cost in terms of the United Nations, had something else hard to come by in the self-centered world of American lives or in terms of Iraqis in mind. It is not just a matter of diplomacy. Still, the kind you make because killed. But I trust our military to suc- whether we have the power and a show of truly shared interests seem preferable to ceed in this mission. the kind you rent. of more strength than the United Na- Mr. DURBIN. Let me quote several tions as a member but whether the Having succeeded militarily, though, lines from this article in Business United States is stronger with collec- what will we then face? We will face, of Week, not known as a liberal publica- tive security engaging other countries course, the devastation in Iraq. tion: around the world to join us in efforts This week, we learned that the But in broader terms, pressure on the such as containing Iraq and its danger. United States was now soliciting bids White House to dangle inducements tran- I happen to believe that collective se- from companies in the United States scends the U.N. debate and goes to the heart curity is not old fashioned and out- for the reconstruction of Iraq before

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3707 the bombs have even fallen. That could The policies we are now asked to advance now they are afraid. Who will tell them con- be momentous in terms of cost. We will are incompatible not only with American vincingly that the United States is as it was, face it. values but also with American interests. Our a beacon of liberty, security, and justice for As Tom Friedman of the New York fervent pursuit of war with Iraq is driving us the planet? Times has written, when we go into a to squander the international legitimacy Mr. Secretary, I have enormous respect for that has been America’s most potent weapon your character and ability. You have pre- gift shop and see the sign, ‘‘If you of both offense and defense since the days of served more international credibility for us break it, you own it,’’ the fact is when Woodrow Wilson. We have begun to dis- than our policy deserves, and salvaged some- we invade Iraq and remove its leader- mantle the largest and most effective web of thing positive from the excesses of an ideo- ship and occupy that country, it is international relationships the world has logical and self-serving Administration. But then our responsibility. Others may ever known. Our current course will being your loyalty to the President goes too far. help us, but it is primarily our respon- instability and danger, not security. We are straining beyond its limits an inter- sibility. The sacrifice of global interests to domes- national system we built with such toil and tic politics and to bureaucratic self-interest treasure, a web of laws, treaties, organiza- The same thing is true in terms of is nothing new, and it is certainly not a the long-term vision of Iraq. This is a tions, and shared values that sets limits on uniquely American problem. Still, we have our foes far more effectively than it ever country with no history of self-govern- not seen such systematic distortion of intel- constrained America’s ability to defend its ment, this is a country with no history ligence, such systematic manipulation of interests. of democracy, and we want to bring American opinion, since the war in Vietnam. I am resigning because I have tried and certain values there. We have to con- The September 11 tragedy left us stronger failed to reconcile my conscience with my cede the fact that it will take some than before, rallying around us a vast inter- ability to represent the current U.S. Admin- time before they arrive at that point. national coalition to cooperate for the first istration. I have confidence that our demo- time in a systematic way against the threat We will be there in an occupational cratic process is ultimately self-correcting, of terrorism. But rather than take credit for and hope that in a small way I can con- way with others perhaps, but we will those successes and build on them, this Ad- have the responsibility of making that tribute from outside to shaping policies that ministration has chosen to make terrorism a better serve the security and prosperity of transformation a permanent or domestic political tool, enlisting a scattered the American people and the world we share. semipermanent presence of American and largely defeated al Qaeda as its bureau- Sincerely, troops in the Middle East and all that cratic ally. We spread disproportionate ter- JOHN BRADY KIESLING, that entails. ror and confusion in the public mind, arbi- U.S. Embassy Athens. At the same time, it is bound to en- trarily linking the unrelated problems of ter- Mr. DURBIN. Mr. President, this let- rage our enemies around the world— rorism and Iraq. The result, and perhaps the ter is a letter of resignation. Mr. those who think the United States is motive, is to justify a vast misallocation of shrinking public wealth to the military and Kiesling, a career diplomat who has acting unilaterally and not acting in to weaken the safeguards that protect Amer- served in United States embassies concert with other nations, peace-lov- ican citizens from the heavy hand of govern- around the world, resigned over our ing nations that would share our ulti- ment. September 11 did not do as much dam- foreign policy in Iraq. I will not read mate goals. That, too, may complicate age to the fabric of American society as we the entire letter. But this I will read. It the war on terrorism. That has been seem determined to do to ourselves. Is the is the letter from Mr. Kiesling to Sec- conceded by intelligence agencies and Russia of the late Romanovs really our retary Powell: model, a selfish, superstitious empire thrash- others. Our efforts in Iraq may spread The policies we are now asked to advance ing toward self-destruction in the name of a the seeds of terrorism on new ground, are incompatible not only with American doomed status quo? and maybe even here in the United We should ask ourselves why we have values but also with American interests. Our States. We will have to work that failed to persuade more of the world that a fervent pursuit of war with Iraq is driving us much harder to protect ourselves. war with Iraq is necessary. We have over the to squander the international legitimacy I want to enter into the RECORD a let- past two years done too much to assert to that has been America’s most potent weapon ter sent to Secretary of State Colin our world partners that narrow and merce- of both offense and defense since the days of Powell from John Brady Kiesling, who nary U.S. interests override the cherished Woodrow Wilson. We have begun to dis- is with the United States Embassy in values of our partners. Even where our aims mantle the largest and most effective web of were not in question, our consistency is at international relationships the world has Athens, Greece. ever known. Our current course will bring in- I ask unanimous consent that this issue. The model of Afghanistan is little comfort to allies wondering on what basis we stability and danger, not security. letter be printed in the RECORD. plan to rebuild the Middle East, and in whose Those are the words of a man who There being no objection, the mate- image and interests. Have we indeed become rial was ordered to be printed in the was a career diplomat serving the blind, as Russia is blind in Chechnya, as United States with principle and con- RECORD, as follows: Israel is blind in the Occupied Territories, to victions and who resigned from the dip- Hon. COLIN POWELL, our own advice, that overwhelming military Secretary of State, power is not the answer to terrorism? After lomatic corps over our policy in Iraq. Washington, DC. the shambles of post-war Iraq joins the That is a sad commentary, but it is a DEAR MR. SECRETARY: I am writing you to shambles in Grozny and Ramallah, it will be reality. submit my resignation from the Foreign a brave foreigner who forms ranks with Mi- The reality is that we are following a Service of the United States and from my po- cronesia to follow where we lead. course of foreign policy that is a dra- sition as Political Counselor in U.S. Em- We have a coalition still, a good one. The matic departure from what we have fol- bassy Athens, effective March 7. I do so with loyalty of many of our friends is impressive, lowed for almost 50 years. We are mak- a heavy heart. The baggage of my upbringing a tribute to American moral capital built up included a felt obligation to give something over a century. But our closest allies are per- ing decisions relative to this war in back to my country. Service as a U.S. dip- suaded less that war is justified than that it Iraq which are changing the rules the lomat was a dream job. I was paid to under- would be perilous to allow the U.S. to drift United States has not only lived by but stand foreign languages and cultures, to seek into complete solipsism. Loyalty should be preached for decades. We are con- out diplomats, politicians, scholars and jour- reciprocal. Why does our President condone fronting the world that has most re- nalists, and to persuade them that U.S. in- the swaggering and contemptuous approach cently been our allies in the war on terests and theirs fundamentally coincided. to our friends and allies this Administration terrorism and telling them that, with My faith in my country and its values was is fostering, including among its most senior or without their cooperation and ap- the most powerful weapon in my diplomatic officials. Has ‘‘oderint dum metuant’’ really arsenal. become our motto? proval, we are going forward with an It is inevitable that during twenty years I urge you to listen to America’s friends invasion of Iraq. We are saying to the with the State Department I would become around the world. Even here in Greece, pur- rest of the world that the United more sophisticated and cynical about the ported hotbed of European anti-Ameri- States has the power and will to use it. narrow and selfish bureaucratic motives that canism, we have more and closer friends It is certain that we have the power sometimes shaped our policies. Human na- than the American newspaper reader can and the strength. The question is ture is what it is, and I was rewarded and possibly imagine. Even when they complain whether or not we have the wisdom— promoted for understanding human nature. about American arrogance, Greeks know the wisdom to understand that simply But until this Administration it had been that the world is a difficult and dangerous possible to believe that by upholding the place, and they want a strong international having the strength is not enough. policies of my president I was also upholding system, with the U.S. and EU in close part- I would like to quote a few words the interests of the American people and the nership. When our friends are afraid of us from a statement made on this floor on world. I believe it no longer. rather than for us, it is time to worry. And October 3 last year by a man who used

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3708 CONGRESSIONAL RECORD — SENATE March 13, 2003 to sit directly behind me here, Paul in the judgment of many in this coun- month, saw 308,000 people lose their Wellstone of Minnesota. I miss him try, is an urgent, serious threat to our jobs. every single day. I pulled out the state- country. They kicked out the inspec- Now just think of one of those. I am ment he made relative to this use of tors. And they do have nuclear weap- not asking you to think about 1,000, force resolution. I can recall now when ons, at least according to our intel- 10,000, 100,000 or 300,000—just one, who he said some of these words. ligence officials. They believe North comes home and says to his or her fam- I quote from Senator Wellstone: Korea does have nuclear weapons. ily: Something happened at work To act now on our own might be a sign of The threat of terrorism continues in today. I lost my job. It wasn’t my more power. Acting sensibly and in a meas- this country. Homeland security is a fault. I have done the best I could. I am ured way in concert with our allies with bi- top priority. And all of these issues are a good worker, but I have lost my job partisan congressional support would be a very important. But I want to speak because the economy is not working sign of our strength. about an issue here at home; that is, well. It’s soft. It is still true today. It is true so domestic policy, especially this coun- So what happens here in Washington, many months later. try’s economy. DC? Well, we act as if none of this is I think the President and this admin- We wake up every morning—for going on. This is a cheering section, to istration still have a chance to take months in this country—hearing the say: Well, things are going to be better. what could be a course of action that lead story on the news being war with This is not a problem. What are you departs from a tradition in values Iraq. It is the lead story every morn- complaining about? which we have stood by and preached ing, bar none. It is an important story, Let me talk, just a little, about for so many decades, and return to no question about that. But there are a where we are with this economy of those values in our efforts in Iraq. lot of folks who wake up in this coun- ours. We have a $10 trillion economy in And I hope we do it. I hope we do not try these days who are out of jobs. this country. This is the biggest, the discard the United Nations and all of Some 8 million people—perhaps more best economy in the world. None of us our allies who are part of it. I hope we than that, we are told—do not have would want to live elsewhere. We are understand that when some of our best work. friends around the world question Madam President, 308,000 additional lucky to be Americans, lucky to be Americans alive now. But our responsi- whether we are approaching this sen- people lost their jobs last month bility, as Americans, is to nurture, pro- sibly, it does not demonstrate their alone—308,000 people. Do you know who tect, and foster the development of this weakness but really calls into question loses their jobs first? Oh, it is not great country of ours, and that means whether we have the humility to step Members of Congress and it is not peo- protecting this economic engine that back and say: Can we do this more ef- ple who drive big cars. It is the people produces the jobs and the opportunities fectively for a more peaceful world for who know the definition of ‘‘second- for the American people. generations to come? hand,’’ ‘‘second shift,’’ ‘‘second jobs.’’ Now, in May of 2001, we had an econ- Madam President, I close by saying, I It is the people who struggle at the omy that economists told us would return now, in just a few moments, to bottom of the economic ladder. They produce budget surpluses at the Fed- my home State of Illinois. As I walk are the last to be hired and the first to eral level as far as the eye could see. the streets of Springfield, of Chicago, go. They said: I tell you, we’re walking in and of other cities, people come up to This economy of ours is in trouble. It tall clover here. There are going to be me and say: Why don’t I hear a debate is time to stop tiptoeing around and budget surpluses for 10 years, so you all in the U.S. Congress about Iraq? pretending about it. We have two Budg- ought to get about the business of pro- Well, the fact is, that debate was et Committees meeting now in this viding big, big tax cuts. waged and decided last October. I was Congress. We have a budget submitted President Bush came to town and one of 23 Members who voted against by this President that is completely, in said: My heavy lifting is to ask the the use of force resolution because I be- my judgment, irresponsible. That is American people to accept big tax cuts. lieve there is a better way: a collective not a partisan criticism, it is just a That is the easiest lift in American approach with the United Nations, that criticism of a budget that completely politics, I guarantee you. I would like makes certain that the United States ignores what is happening in this coun- to see one politician who works up a has a coalition of nations behind it in try. It is a budget that pretends every- sweat asking people to accept tax cuts. suppressing the evil of Saddam Hussein thing is just fine and all we need to do So the President said: $1.7 trillion in and his dangers to the region, rather is keep doing what we have been doing tax cuts; that’s my plan. I stood at this than a coalition of nations united and this country will see its economy desk then, and I said: I think we ought against us. That, sadly, is what we face come out of the doldrums. That is pat- be a little conservative. What if some- today. ently untrue, in my judgment. It is thing happens? What if we are giving The vote in the United Nations to- time for us to say that. away money we don’t get? What if we morrow is historic. I hope we have the Let me talk a bit about this plan and don’t have these surpluses? What if support of that institution. I hope, if about where we are. There is not a something that we can’t predict at this we do not, this administration will Democrat or Republican way to fix point occurs and these surpluses don’t pause before unleashing the furies of what is wrong with this ship of state exist? What you are going to do is run war and consider whether there is a with respect to its economy. But there into big deficits and have our children better, more measured and sensible ap- are right ways and wrong ways to do it. shoulder the consequences of this mis- proach to show not only our might but And I know that the moment we dare take. our strength and clarity of purpose. criticize the administration, we have Well, I lost that debate. And so a $1.7 I yield the floor. all of these strident voices from the ex- trillion tax cut proposed by the Presi- The PRESIDING OFFICER. The Sen- treme of the political system who say: dent was pushed through this Congress. ator from North Dakota. Well, how dare you criticize the admin- And guess what. In a matter of f istration or the President. months—just a matter of months—we Look, I think both parties have done discovered our economy was in a reces- THE ECONOMY plenty wrong in this country’s past. sion. Months after that, September 11, Mr. DORGAN. Madam President, my But we face an intersection now that is the most devastating terrorist attack colleague from Illinois has been talk- unlike any intersection America has against this country in its history; ing about foreign policy and, more spe- come to in a long time. This intersec- months after that, a series of corporate cifically, about Iraq and the use of tion is one where we confront both se- scandals unlike any we have ever seen force. He touched on the issue of North rious, urgent foreign policy problems— in this country; during all of that time, Korea and terrorism. Iraq, North Korea, terrorism, and the bursting of the technology bubble We do need to have more debate, ag- more—and, at the same time, confront and the collapsing and pancaking of gressive and thoughtful debate, about very serious problems here at home— the stock market; and during all of all of these issues. There is no question an economy that is languishing, with- that time, the prosecution of a war that North Korea, in my judgment, and out growth, an economy that, last against terrorism.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3709 You think about that, all of those doing well. This kid is part of the pro- We are doing a shadow dance in this consequences—a recession, the burst- gram for the school, the title I funds Chamber. Everybody here knows this ing of the technology bubble, the for disadvantaged kids. That is the nonsense does not add up, and no one is pancaking of the stock market, cor- kind of investment we make in these willing to say it because the minute porate scandals, a war against ter- kids. And this little boy needed some of you say it, people start screaming that rorism. All of that combined to create that investment. That is what we do you are somehow disloyal to this ad- a dramatic difference in this economy. with title I, with Head Start. We give ministration. We have far less revenue coming in. these tiny kids who don’t have it so I want this administration to suc- And the result is, big deficits. good an opportunity to get a head start ceed. I want this President to succeed. Here is what we found: in education. I want him to succeed so this country In May of 2001, Mr. Daniels, the head With Pell grants, kids who couldn’t does well. I want our economy to grow. of OMB, said: We are going to have a go to college get an opportunity to go I want our foreign policy challenges $5.6 trillion surplus. We had better get to college. I had a young Native Amer- with Iraq and North Korea and others about the business of having big tax ican stand up in a meeting once and to work out in the right way. I don’t cuts, he and the President said. say: Mr. Senator, I am an American In- come here wanting us to fail. But if we Well, in 2 years, we went from a $5.6 dian. I am the first in my family ever don’t stand up and point out the obvi- trillion estimated surplus to a $2.1 tril- to go to college. I am able to be here ous, that we are headed down a path to- lion deficit. That is nearly an $8 tril- because I have Pell grants, because we ward deeper and deeper Federal budget lion change in the economic fortunes of don’t have any money. I will graduate deficits with which we will saddle our this country. And yet we have people from this college, and I will go back to children, if we don’t change course, acting as if it is not happening. None of teach school on the Indian reservation this country is not going to grow and this is happening, according to them. which I came from. will not provide opportunities. What is the antidote to this? What do He did. That is the value of investing I suppose there will be many who will we do? Well, let’s ratchet up some more in some of these programs such as edu- continue this shadow dance that goes tax cuts. Short of money? Well, then, cation programs for some of these kids. on to pretend everything is just fine, reduce your revenue stream. So the We can just talk about it as if it is but we know better than that. If we President proposes more large tax cuts. some amorphous program that does not were headed towards these deficits I suppose if you don’t care about fis- mean anything with no names at- with the previous administration, I cal responsibility, about budget defi- tached, but that is not the case. All of guarantee you there would be 20 people cits, then you can do that. But the fact these investments in the lives of young in this Chamber every night putting is, we have seen this calculation before. children make a difference. So when we blue smoke out the Chamber; they I come from a high school of nine. We talk about fiscal policy and plans and would be so upset about it. But somehow in the shadow of 9/11, we have didn’t have higher math, but there is budgets, it is just too easy for some moved to a circumstance where the only one way to add one and one that people who don’t understand that there most irresponsible fiscal policy I have equals two. That is the math book I is a constituency out there. They don’t ever seen proposed is judged to be a studied. have lobbyists in the hallway. There The fact is, this administration’s yawn by this Chamber. are no 5-year-olds or 6-year-olds or 3- We have the two Budget Committees budget does not add up. They say in- year-olds waiting as we leave the crease defense spending, increase meeting, and they are saying: We can Chamber to say: Please, Mr. Senator, fit all this in. We can fit in big tax homeland security spending, have less will you help us. They don’t have the cuts. In fact, now they say—those so- revenue, and have a few budget cuts in voices here. called conservatives—deficits don’t domestic discretionary programs, and The fact is, just taking one example even matter. It is not a big thing to be it will all add up. It doesn’t add up. of what we do that makes a difference worried about. They want to pretend that it adds up. in people’s lives, in education of chil- I don’t understand what has hap- The American people know it doesn’t dren, especially children who haven’t pened with respect to the relative posi- add up. had it so good, we have people who just tions of politicians these days. Con- On the domestic discretionary piece, blithely walk around here these days servatives say deficits don’t matter? they say let’s increase these two big and say: This is not a difficult cir- That is a different kind of conservative areas of spending: Defense, homeland cumstance to get out of. Give the than I am familiar with. Deficits, of security. Let’s cut taxes. And inciden- wealthy some very big tax cuts, spend course, matter. Someone has to repay tally, let’s cut taxes on average for $675 billion that we don’t have, charge them. someone with $1 million a year in in- it to the kids, cut back on education I don’t mean to belabor this point, come, let’s cut their taxes on average programs, and cut back on many of the but on top of this fiscal policy that has nearly $90,000 a year. We can afford other programs that help people who us now headed towards the largest defi- that, they say. But, they say, what we don’t have it so good and call it a day. cits in the history of our country, take will do is take it out of domestic dis- Have a good night’s sleep. Social Security out of the calculation, cretionary spending, nondefense. What Those who can sleep with those prior- and you should. The Social Security does that mean? That means what we ities, in my judgment, have a mis- surpluses should not be used to reduce will do is cut back on title I spending. placed priority of public service. The the budget deficit. They are trust That is what they talked about in one priority in this country ought to be, funds. The President proposes taking of the budget resolutions today. first of all, to have a fiscal plan that all the trust fund and using it, but they I toured a school about 2 weeks ago. adds up so this country’s economy has ought not. So if you take that out, you At the library there was a third grader, a chance to grow and provide opportu- have a budget deficit this year of near- a young boy, great-looking young kid, nities and jobs for people. ly $450 billion. But add to that a trade looking at a book and pictures. I met There is no social program we work deficit of over $460 billion this year him and said hi to him. I came up be- on that is as important for working alone—the highest in human history. hind him and tapped him on the shoul- people as a good job that pays well. So This economy is off course. We need to der. The principal of the school, after making this economy work, giving it fix it. we got out of earshot of the young boy, the opportunity to work, having it add We need to stand up for the economic said: Do you know something about up so people have confidence in the fu- interests of America in trade and begin that boy? You can’t tell it right now, ture is critically important. And then reducing that trade deficit, because we but that young boy almost died. He was at the same time preserving the oppor- have to pay that with a lower standard subject to the most severe abuse I have tunity for some very important things, of living in our future. That is not an ever seen in a family. He was beaten whether it is helping family farmers option. That trade deficit is owed to badly, taken away from his mother be- during a disaster, helping young kids other countries. You can make an ar- cause of the beatings. You know he is get a chance to start in school through gument as an economist that the budg- doing very well now. This little kid has the Head Start program—all of those et deficit we owe to ourselves. None- kind of gotten through all of this. He is are so important. theless, we will still have to bear that

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3710 CONGRESSIONAL RECORD — SENATE March 13, 2003 burden. But our children will likely THE WORDS OF ALISTAIR COOKE moderate Conservatives—a slogan that now bear the burden of a 10-year deficit sounds as imbecilic as ‘‘against hospitals and Mr. STEVENS. Madam President, I disease.’’ In blunter words a majority of that is put on their shoulders by a fis- am glad to see an Alaskan in the chair cal policy that is irresponsible. Britons would do anything, absolutely any- as I make this statement. This morn- thing, to get rid of Hitler except fight him. We will have a budget debate next ing, as it usually happens, when I At that time the word pre-emptive had not week. I will offer amendments. My col- turned on my computer, I found a se- been invented, though today it’s a catch- leagues will offer amendments. I don’t ries of e-mails from friends at home. I word. After all the Rhineland was what it have any interest in deciding that Re- do not always have time to read them said it was—part of Germany. So to march in publicans have the wrong answer and then, but I saw one from a very close and throw Hitler out would have been pre- Democrats have the right answer. emptive—wouldn’t it? friend, who has been a friend now for Nobody did anything and Hitler looked for- There are good answers that come from over 50 years—Frank Reed, a former all parts of the Chamber. But the con- ward with confidence to gobbling up the rest neighbor, a person who has helped me of Western Europe country by country— struct of this fiscal policy is just fun- in many ways in my life. He asked me ‘‘course by course’’, as growler Churchill put damentally wrong and everybody in to read this article he attached to his it. this Chamber who knows how to add e-mail. I get a little disturbed when I I bring up Munich and the mid-30s because and subtract ought to know that. It is see that the testament is a little longer I was fully grown, on the verge of 30, and knew we were indeed living in the age of anx- time for us to start speaking about it. than the e-mail. But I found that he I am perfectly interested in providing iety. And so many of the arguments mounted had sent me a verbatim transcript of against each other today, in the last fort- tax cuts to the American people when an article by Alistair Cooke entitled we have budget surpluses. But the tax night, are exactly what we heard in the ‘‘Peace For Our Time,’’ that was on the House of Commons debates and read in the cuts should be to working families and BBC News on Monday, February 3 of French press. should be distributed fairly. But at a this year. I want to read that tonight The French especially urged, after every time when we have the highest deficits, because I think it reflects what I have Hitler invasion, ‘‘negotiation, negotiation’’. to say let’s ignore them and let’s have been trying to say on the floor of the They negotiated so successfully as to have a political construct that increases their whole country defeated and occupied. Senate these past several weeks. But as one famous French leftist said: spending in the largest areas of spend- The following was written and spo- ing in the Federal budget and decreases ‘‘We did anyway manage to make them de- ken by Alistair Cooke. He said this: clare Paris an open city—no bombs on us!’’ taxes with very large tax cuts and then . . . I promised to lay off topic A—Iraq— In Britain the general response to every pulls the rest out of it out of some very until the Security Council makes a judgment Hitler advance was disarmament and collec- important things that invest in people on the inspectors’ report and I shall keep tive security. Collective security meant to in this country, including veterans and that promise. leave every crisis to the League of Nations. Indian health and education, and a But I must tell you that throughout the it would put down aggressors, even though, whole series of things, that is wrong. past fortnight I’ve listened to everybody in- like the United Nations, it had no army, We need to stand up and talk about volved in or looking on to a monotonous din navy or air force. it. I will speak about it at greater of words, like a tide crashing and receding on The League of Nations had its chance to a beach—making a great noise and saying prove itself when Mussolini invaded and con- length next week. I wish I could come the same thing over and over. And this or- quered Ethiopia (Abyssinia). The League to the floor and say this is a wonderful deal triggered a nightmare—a day-mare, if didn’t have any shot to fire. But still the cry fiscal policy. I just cannot. I feel obli- you like. was chanted in the House of Commons—the gated to say this is wrong; we are head- Through the ceaseless tide I heard a voice, League and collective security is the only ed in the wrong direction. We need to a very English voice of an old man—Prime true guarantee of peace. fix it as a country. Our children’s fu- Minister Chamberlain saying: ‘‘I believe it is But after the Rhineland the maverick ture depends on it. peace for our time’’—a sentence that Churchill decided there was no collectivity I will make one final point. On Sep- prompted a huge cheer, first from a listening in collective security and started a highly street crowd and then from the House of unpopular campaign for rearmament by Brit- tember 11, when this country was at- Commons and next day from every news- ain, warning against the general belief that tacked, we were one country. I was paper in the land. Hitler had already built an enormous mecha- proud of President Bush, and one of the There was a move to urge that Mr. Cham- nized army and superior air force. best speeches I ever heard he gave to a berlain should receive the Nobel Peace Prize. But he’s not used them, he’s not used joint session of Congress. This country In Parliament there was one unfamiliar old them—people protested. responded as one. But this country grumbler to growl out: ‘‘I believe we have Still for two years before the outbreak of does not do a service to its future by suffered a total and unmitigated defeat.’’ He the Second War you could read the debates in the House of Commons and now shiver at believing now—a year and a half fol- was, in view of the general sentiment, very properly booed down. the famous Labour men—Major Attlee was lowing that period of time—that voices This scene concluded in the autumn of 1938 one of them—who voted against rearmament still, because they don’t want to en- with the British prime minister’s effectual and still went on pointing to the League of gage in debate over issues that are im- signing away of most of Czechoslovakia to Nations as the savior. portant to our future, are somehow dis- Hitler. The rest of it, within months, Hitler Now, this memory of mine may be totally advantageous to our country. We need walked in and conquered. ‘‘Oh dear,’’ said irrelevant to the present crisis. It haunts a robust debate about the right fiscal Mr. Chamberlain, thunderstruck. ‘‘He has be- me. I have to say I have written elsewhere policy. We disserve our constituencies trayed my trust.’’ with much conviction that most historical During the last fortnight a simple but star- analogies are false because, however strik- if we don’t bring this debate to the tling thought occurred to me—every single ingly similar a new situation may be to an floor in an aggressive way. What official, diplomat, president, prime minister old one, there’s usually one element that is works? What will restore economic involved in the Iraq debate was in 1938 a tod- different and it turns out to be the crucial health to the country? What do we do dler, most of them unborn. So the dreadful one. It may well be so here. to improve economic growth, to pro- scene I’ve just drawn will not have been re- All I know is that all the voices of the 30s vide jobs, to get people back to work, membered by most listeners. are echoing through 2003 . . . and get the economy moving again? Hitler had started betraying our trust not Madam President, I was but 14, not 12 years but only two years before, when he 30. I remember the tension we all felt Those are the questions we have to ask broke the First World War peace treaty by as we construct a budget and put this occupying the demilitarized zone of the at that time, as country after country fiscal policy together. Rhineland. Only half his troops carried one became destroyed by Hitler. Previously I regret I come to say this fiscal pol- reload of ammunition because Hitler knew on the floor of the Senate, I mentioned icy makes no sense at all and must be that French morale was too low to confront Hitler and compared Saddam Hussein changed. I wish that were not the case, any war just then and 10 million of 11 million to Hitler. I was criticized even by the but it is. The result of that is I will be British voters had signed a so-called peace papers at home in Alaska. here with amendments, as will others, ballot. I was delighted to read Alistair It stated no conditions, elaborated no Cooke’s article that Frank Reed sent hoping we can improve this fiscal pol- terms, it simply counted the numbers of icy for our country’s future. Britons who were ‘‘for peace.’’ to me this morning, and I commend it I yield the floor. The slogan of this movement was ‘‘Against to the rest of the Senate. The PRESIDING OFFICER. The Sen- war and fascism’’—chanted at the time by This haunts me. It haunts those of us ator from Alaska is recognized. every Labour man and Liberal and many who lived through the thirties to know

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3711 we might go through the thirties again Senate when the unimaginable hap- He also was the former commander of because too many people refuse to lis- pened—terrorists struck a devastating the Army’s Chemical and Military Po- ten to the truth, refuse to listen to blow on American soil. lice Centers at Fort McClellan, AL, what some of us see in Saddam Hus- The September 11 attacks occurred which trains the military police who sein, as being another Hitler. less than a week after Al Lenhardt was are guarding our bases overseas. (The remarks of Mr. STEVENS per- sworn in as Sergeant at Arms. I do not Al Lenhardt was born in Harlem 59 taining to the introduction of S. 628 are think he took a day off for over 5 years ago. printed in today’s RECORD under months. He earned a bachelor’s degree in ‘‘Statements on Introduced Bills and Five weeks after September 11, a let- criminal justice from the University of Joint Resolutions.’’) ter containing a lethal dose of anthrax Nebraska, a master of arts degree in Mr. STEVENS. I suggest the absence was opened in my office. public administration from Central of a quorum. That incident remains the largest Michigan University, and a masters of The PRESIDING OFFICER. The bioterrorism attack ever on U.S. soil, science degree in the administration of clerk will call the roll. and one of the most dangerous events justice from Wichita State University. The assistant legislative clerk pro- in Congress’ history. He has also completed post-graduate ceeded to call the roll. Al Lenhardt’s leadership ability, ex- studies at the Kennedy School of Gov- Mr. DASCHLE. Madam President, I perience and demeanor were instru- ernment at Harvard, and the Univer- ask unanimous consent that the order mental in the Senate’s entry into the sity of Michigan Executive Business for the quorum call be rescinded. post-September 11 world. I am not sure School. The PRESIDING OFFICER. Without that before that terrible day any of us Between the Army and the Senate, objection, it is so ordered. fully appreciated the threat that Amer- he served for 4 years as executive vice f ica’s enemies posed to our U.S. Capitol, president and chief operating officer of a majestic and enduring symbol of our the Council on Foundations, where he HONORING GENERAL AL democracy. worked to harness the power of philan- LENHARDT Al Lenhardt rose to the challenge of thropy to meet some of America’s most Mr. DASCHLE. Madam President, a protecting against further terrorist at- urgent unmet needs. little over 18 months ago, I came to tacks on the Capitol complex and pro- He has been active in an array of or- this floor to welcome MG Alfonso tecting the people who work in and ganizations, from the Boy Scouts of Lenhardt to the Senate on his first day visit these buildings—without closing America, to the Boys and Girls Clubs of as this body’s Sergeant at Arms. ‘‘The People’s House’’ to the people Washington, DC, the National Office of Tomorrow will be GEN Lenhardt’s themselves. Philanthropy, and the Black Church last day in the Senate. Al provided calm and steady leader- Project. It is with profound admiration, and ship in the face of danger that reas- He has been married for 38 years to more than a little sadness, that I rise sured us all in an extraordinarily Jackie Lenhardt, one of the few people today to thank him for his extraor- stressful and emotional time. I have ever met who has a more com- dinary service, and to wish him much When deadly anthrax was released in manding presence than Al. Jackie and success and happiness in the years the Hart Building, 50 Senators and Al have three daughters—two lawyers ahead. their staffs, and 15 committees and and a doctor—and two grandchildren, Nominating Al Lenhardt to serve as their staffs, were displaced for 96 days Olly, who is 4, and Maya, who was born the Senate’s Sergeant at Arms was one while the building was remediated. 2 months ago. Never before—not even when the of the great honors of my time as ma- The closest thing to a complaint I’ve British burned the Capitol in 1814, had jority leader. It was also, I think, one ever heard from anyone who knew Al of the best decisions I made in more so may Senators been uprooted. Relocating them and their staffs pre- Lenhardt in the Army was from an offi- than 30 years of public service. cer who took a battalion six years after I did not know Al before we began sented an unprecedented logistical challenge. But Al Lenhardt and his Al had left it. the search for a Sergeant at Arms in He said: ‘‘It’s tough to go into a unit staff, and the staffs of the Rules Com- the summer of 2001. He was rec- after Al Lenhardt because he leaves mittee and the Secretary of the Sen- ommended to me by our former Sec- such strong footprints. Six years later, ate, responded quickly and well. The retary of the Senate, Jeri Thomson. his policies and procedures still stood. Jeri had met Al more than a decade business of democracy never stopped. Al Lenhardt stood tall in the face of He made a lasting impact on soldiers.’’ ago when they were both at the Ken- danger. And his steady hand assured The one consolation in saying good- nedy School of Government at Har- that the Senate kept functioning. bye to Al Lenhardt is knowing that the vard. She was impressed by his intel- Over the past 18 months, Al Lenhardt policies and procedures he instituted ligence, knowledge, steady demeanor rose to the occasion, demonstrating to here in the Senate will continue pro- and commitment to public service, me that he was indeed the right man, tecting us in the future. characteristics she correctly noted are with the right skills and experience, in Al’s predecessor, Jim Ziglar, began highly desirable in a Senate Sergeant the right place, at the right time. the effort to modernize security and at Arms. Al Lenhardt has had a remarkable protect the Capitol in an age of ter- Twenty minutes after meeting Al, I public career. rorism. And he made a good start. knew Jeri had identified the right per- He served in the United States Army But I think even Jim would acknowl- son for this job. for 32 years and as a combat veteran edge that it is Al Lenhardt who de- I also knew, when I nominated Al, wears the Purple Heart earned in Viet- serves the lion’s share of the credit for that he would make history in this nam. leading the Senate into the modern age Senate. What I did not realize is what He retired from the Army in 1997. of security and law enforcement. a crucial role he would play, and what His last Army position was com- If Congress is ever forced to vacate a difference he would make, in the his- manding general of the U.S. Army Re- this building, or even this city, for any tory of this Senate. cruiting Command at Ft. Knox, KY. length of time, the Senate will be able Al Lenhardt is the first African From that post, he managed more than to move and resume the work of de- American ever to serve as the Senate’s 13,000 people in 1,800 separate locations. mocracy immediately in a new loca- top law enforcement and administra- Before that, he served as the senior tion under a ‘‘continuity of oper- tive officer. In fact, he is the first Afri- military police officer for all police op- ations’’ plan that Jim Ziglar started can American to serve as an elected of- erations and security matters through- and Jeri Thomson and Al Lenhardt ficer of the Senate or House—ever. out the Army’s worldwide sphere of in- completed. That seems hard to believe, but it is fluence. While Al would be the first to state true. And after 212 years, I must say, it In the 1980s, he did counter-terrorism that more needs to be done, he has en- was long overdue. work in Germany against the Baader- sured that the Senate will continue op- And he was the individual serving as Meinhof Gang and other terrorist erations in the event of any emer- the top law enforcement officer of the groups. gency.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3712 CONGRESSIONAL RECORD — SENATE March 13, 2003 The physical security around the He was in charge of all the military increasing terrorist threats against our Capitol is much stronger and intel- police in the Army, a general in the Nation. ligence gathering, analysis and sharing United States Army, and was called There is no question that the United is much better today than it was on upon for duty by Senator DASCHLE. If States has the ability and the right to September 11th—largely because of Al there were ever anyone with a vision take necessary action to protect our Lenhardt. regarding the problems this country country. But we should not burn We are better prepared to prevent at- faced and this Senate passed, Senator bridges—bridges that we will surely tacks—and to respond if attacks hap- DASCHLE, in selecting General need down the road—in our rush to war pen—than we were before Al Lenhardt Lenhardt—because September 11 came with Iraq. came here. during his honeymoon period. He had There is no debate that the brutal re- Because of Al Lenhardt, we know just gotten here. gime of Saddam Hussein must come to have an effective crisis communica- We were so well served and have been an end. He has a long history of attack- tions network that uses state-of-the- so well served. I want the RECORD to re- ing and murdering his own people, em- art technology. flect not only my great admiration and ploying chemical and biological weap- We have emergency evacuation plans my friendship for General Lenhardt, I ons, and continually defying the limits and drills. want the record to reflect for all Sen- set forth by the UN. There have been We’ve implemented state-of-the-art ator DASCHLE has done, nothing has reported links between Iraq and ter- mail security to prevent another night- been more important in the Senate rorist activity, although no link has mare like the anthrax attack. than his selecting this good man for been established between Iraq and the Capitol Police officers are getting this most important job. events of September 11. The Iraqi peo- new training to deal with the new Mr. DASCHLE. I thank my dear ple and the global community deserve threats. We are also expanding the po- friend, the Senator from Nevada, for to be free from a cruel dictator and the lice force—so our officers can get some his very kind words. threat to safety that he represents. much-deserved rest. The PRESIDING OFFICER. The Sen- The credibility of the United Nations Al Lenhardt has played a leadership ator from Montana. and of America is on the line. role in building stronger working rela- Mr. BAUCUS. Madam President, I We must take the time to fully weigh tionships with security and intel- walked over to the floor without real- the risks and costs associated with uni- ligence experts at the departments of izing we were giving a testament to lateral action against the results we Homeland Security, Justice, Defense General Lenhardt. But I could not will achieve. The threat Iraq poses is and other agencies. agree more with the words I heard from not imminent, at least not so immi- That is another way Al Lenhardt Senator DASCHLE, as well as the words nent that we can’t continue with an- made history. from Senator REID of Nevada. It is other week, or another month, of nego- The first Saturday morning after the true, as I reflect upon it, that I know of tiations to garner the support of mem- anthrax letter was opened, Al was at no man who contributed greater serv- bers of the United Nations Security work in the Capitol, surrounded by sci- ice for his country than Al Lenhardt. Council. entists and investigators. He had been He is such a professional. He is such a The clock is ticking, but the alarm at work until late the night before. gentleman. He is so good. We trust him has not yet rung. I encourage the ad- That morning, someone asked him: so much. We are so lucky that he was ministration to continue inspections ‘‘If you had to decide all over again, our Sergeant at Arms during the tragic beyond their self-imposed March 17 would you still want this job?’’ times the Capitol family has been deadline. In these final critical min- Al smiled his great, broad smile through the last couple of years. utes, we have the opportunity to lay and—without a moment’s hesitation— I know we are all extremely proud of out hard and fast, mutually agreed replied: ‘‘Absolutely. To be in a posi- him and we will have very fond memo- upon benchmarks for Hussein to tion to serve your country—what bet- ries of his service here. I say to General meet—or not meet—to determine his ter job could there be?’’ Lenhardt, you are a great man, and we fate. Britain laid out definitive steps To that, Mr. President, I can only appreciate your service. yesterday, such as allowing Iraq sci- add: What better person could there Mr. President, I rise today to pledge entists to be interviewed abroad, de- have been in the Senate Sergeant at my support for our brave men and stroying banned weapons and providing Arms’ position these last 18 months women who are on the front lines pro- documentary evidence of any such de- than General Alfonso Lenhardt? tecting America as we work to elimi- struction in the past. Certainly no one I have ever met. nate terrorism. . . . To pledge my sup- While support for their resolution Al Lenhardt has earned the respect port for the United States and all that has not been overwhelming, it is im- and gratitude of every member of this our country represents: democracy, portant to continue along this path. In- Senate, and of this nation. freedom of speech and religion, inde- deed, it is critical. We must both pro- I am proud to have recommended pendence of thought. . . . And to pledge vide assistance to Britain, our strong- him. I am proud to have served with my support for our leaders and our free est ally, while employing every re- him. And I am even more proud to call and open elections that allow democ- source at our command to garner Secu- him my friend. racy to thrive. rity Council support. Indeed the entire Senate community I also rise today to urge and insist As the world’s superpower, it is not is grateful to Al Lenhardt for what he that throughout the ongoing situation only our responsibility, but it is in our has contributed to us, and we will miss with Iraq, we remember our underlying best interest to lead. It’s our responsi- him. goal: To protect our country from bility to walk with and secure the sup- The PRESIDING OFFICER. The Sen- weapons of mass destruction and ter- port of our allies. The decisions we ator from Nevada. rorist threats and stop those who pro- make in the coming days will have Mr. REID. Before the majority leader vide assistance to terrorist operations. global reverberations and I am hopeful leaves the floor, I ask to be associated In order to fully accomplish these we won’t have to endure the impacts with the remarks he made about Gen- goals, we need the support and assist- alone. eral Lenhardt. I add that in the years ance of the broadest possible worldwide In the case that unilateral military Senator DASCHLE has been the Demo- coalition of our allies. action is decided upon, the ramifica- cratic leader—he is starting his eighth It’s not in our Nation’s interest to es- tions, lengthy reconstruction process year—he has done a lot of very good tablish arbitrary deadlines to force us and costs involved must be addressed. things for the State of South Dakota, to act without the support of others. There are numerous reports that a war our country, and the Senate. But noth- This is not the time to isolate our with Iraq will be a relatively short oping he has done has been more mean- country by moving into a unilateral eration. But what follows in a month, ingful than selecting this professional, war against Iraq. in 6 months, in a year? the first time in the history of our A war that could result in massive If the United States chooses to go it country, the Sergeant at Arms was a casualties and long term devastation. alone in Iraq and forsakes the support professional who had experience. A war that has the likely potential of of a majority of our allies, the hurdles

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3713 and pitfalls will be numerous. And the Montana. While I had not prepared a dam Hussein of the weapons of mass likelihood of long term success and response, I feel, nonetheless, moved to destruction, which many of us still be- stability will be diminished. If we are make a response. lieve are there in Iraq and pose a seri- successful in our mission to remove My colleague from Montana made ous threat, not only to ourselves but to Saddam, a successor will need to be de- the point that Saddam Hussein must be allies and others. termined. The likelihood of Iraq be- removed and then suggested that we I certainly do not minimize the im- coming a democracy in our lifetime is need more time and we should be will- portance of dealing with this issue. In unlikely. Even with the ousting of Sad- ing to grant more time. This is, indeed, fact, as my constituents know, I voted dam, we must be prepared and accept- the position of many people in the for the resolution last fall authorizing ing of a moderate Arab government United Nations. They keep saying just the President to use force if that be- similar to others in the region. another week, just another month if came necessary. I still support that po- The cost of rebuilding the country necessary. The Senator from Montana sition. will be enormous, both in terms of used that same timeframe. I think the President ought to have money and manpower. From ensuring In my opinion, we do not have that that authority from Congress. I am the Iraqi children can obtain clean option. In my opinion, we have two op- grateful to him for coming to Congress water to establishing a forum for a free tions, not three. The two options are and asking for that kind of backing. and open government to thrive. Are we either to go ahead or to come home. When I voted to give him that author- willing to take those costs solely upon The option of staying in place and al- ity, I did not mean, of course, nec- ourselves? lowing the inspections to go on for an essarily that authority would be used We must also be ready to focus our indeterminate period of time is not a regardless of other circumstances. And resources on the stability of the entire viable option. certainly, over the past several Middle East region and Muslim world. The reason for that is that our troops months, we have seen a concerted ef- We need a comprehensive policy of eco- are not where they are on anything fort to try to resolve the problem of nomic engagement, one that includes like a permanent status. They are Iraq short of using military force. expanded trade. there at the indulgence of foreign gov- In fact, the President’s own words, We should consider a trade benefits ernments that have allowed them to deserve being repeated; that is, that he program similar to what we currently come in with the firm understanding did not welcome or look forward to the do for Africa, the Caribbean, and the that they will be there very briefly. In use of military force to solve this prob- Andean countries. In order to achieve the countries where they are currently lem. He hoped it would be resolved long-term stability and reduce the ter- bivouacked, they are simply there, on without using force. I applaud him for rorist threat, we will need to engage the edge of moving forward. making those statements and hope he If we now say to those countries, the the entire region. And we will need our is still committed to that proposition. host countries that are harboring our allies to assist in this engagement. I am concerned, still, as are many It’s time to face facts. Our country is troops, we are going to leave them Americans, that we may see a military facing a troubling economy, unemploy- there for an indefinite period of time conflict in the coming days, and that ment, low growth, large national debt. while the inspectors continue to poke every effort to try to resolve this mat- Interest rates can’t go much lower. around Iraq, I expect that country ter, diplomatically and politically, has If we continue to disregard the con- after country will say: No. We did not not yet been exhausted. I know the ad- cerns of other Security Council mem- bargain for American troops in these ministration is working on it. bers and move forward with only a numbers on our territory for an indefi- small band of countries that support nite period of time. As one Member of this body, I en- immediate military action, the lion’s If you are not moving ahead into courage them to continue doing so. I do share of the costs and military burden Iraq, withdraw your forces and go not mean indefinitely, obviously. There will fall on America’s shoulders. Where home. And if we do withdraw our forces are obviously points at which you have will this money come from. How long and go home, it is clear Saddam Hus- to accept the fact that there is not must our troops be away from their sein will not be removed until he dies. going to be the kind of cooperation you families—months, years, decades? We And he may very well die in his bed, would like to have. I certainly would must be fully prepared for this scenario because once the United States has not suggest we ought to go on indefi- before we move forward. sent the signal to the world that we are nitely here at all, but I do believe our We are all in agreement that Saddam prepared to do whatever is necessary to allies and friends—principally Great Hussein is a bad man and the threat he remove this brutal dictator and then Britain, which has been remarkably poses cannot be disregarded. While I we back down and bring our troops steadfast in their loyalty to the U.S. unequivocally support removing Hus- home, we can never put them back in Government on this issue—need to be sein from power, knowing that he is a those places again. No host govern- listened to, that their advice and coun- peril to the region and the world, I ment currently allowing American sel have value and weight. And if there urge that we move forward with a forces on its soil will say OK, now that are ways in which you can craft resolu- strong coalition of support. The clock Saddam Hussein has nuclear weapons, tions which would build support at the is running down, but there is still time you can come back and be on our soil U.N. Security Council, then we ought to gather our allies. Our long term in- and make us a target for those nuclear to try to do that. That does not mean terests—on every front—will be best weapons. No. We have two choices. We you go on weeks trying to sort that achieved by standing together, united can either move ahead or we can come out. But I hope every effort is being behind our common goal of eliminating home. made to fashion just such an arrange- terrorism and keeping our countries It is not the most sympathetic char- ment that would allow us to deal with safe. acter in Shakespeare. A comment Saddam Hussein. I yield the floor. made by Lady Macbeth becomes appro- I happen to believe, in the absence of The PRESIDING OFFICER (Mr. priate here. ‘‘If it were done when ’tis the threat of force, I don’t think diplo- ALEXANDER). The Senator from Utah. done, then ’twere well it were done macy would work alone, nor do I necessarily believe the threat of force, f quickly.’’ If we are going to remove Saddam without some effort by diplomacy and MORNING BUSINESS Hussein, we must do it quickly. And if politics, would necessarily work as well Mr. BENNETT. Mr. President, I ask we are not, we should not leave our as we would like. unanimous consent that the Senate troops in their present posture for an It is a combination of the threat of proceed to a period for morning busi- indefinite period of time while inspec- force and the use of diplomacy that I ness. tors poke around on a scavenger hunt think has produced the significant, The PRESIDING OFFICER. Without in Iraq. positive results we have seen in the objection, it is so ordered. Mr. DODD. Mr. President, obviously, last number of weeks. And the Presi- Mr. BENNETT. Mr. President, I lis- the major conversation today is about dent deserves credit for that, in my tened with interest to my friend from how we might successfully disarm Sad- view.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3714 CONGRESSIONAL RECORD — SENATE March 13, 2003 There is almost a sense of victory oc- There was a report conducted, I it merely coincidental that the admin- curring here. He may be the most crit- think by the Brookings Institution, istration is refusing to share with us ical voice regarding this progress that with such distinguished Americans as how much this war may cost, how has been made, but, nonetheless, I James Schlesinger and others, that much the reconstruction may cost at a think progress is being made. made an analysis of the post-cost fig- time we are also considering the budg- Mr. President, I want to shift quick- ures on reconstruction. They all made et. Why is it they won’t share these ly, if I can, however, to the cost of re- the similar recommendation. You have numbers? Is it because they don’t want construction. I know the conversation to step forward. the Budget Committee or this Cham- is whether or not there will be a war. As our former colleague, John Glenn, ber, which will vote next week on the Let’s assume, for a second, that comes. used to say: If you want the American budget, to have before it some idea of As regrettable as it is—and we hope it public to be supportive of actions like what taxpayers will be asked to shoul- will, obviously, be done at a minimal this, they have to be involved in the der as a result of this involvement? loss of innocent lives and the lives of takeoff as well as the landing. Again, you will not convince me that the men and women in uniform—I am I think his words, that I heard him those numbers don’t exist. They do deeply troubled by the fact this admin- repeat on numerous occasions, have exist. istration has been unwilling to come particular value in talking about this It is outrageous that the administra- before Congress to share with us their debate. This is not to suggest that ev- tion won’t step forward and say: Here best and worst-case scenarios in terms eryone is going to endorse the num- is our best estimate, worst case, best of the cost of reconstruction in Iraq. bers. But you need to let the American case. Regardless of how you feel about Certainly, I do not expect, nor should public know what they are in for, so this conflict, potential conflict—again, anyone, that the administration would that there is some understanding of I voted with the President to support be able to tell you with any great deal what this involvement is going to cost the use of force if necessary—where are of specificity exactly what those costs us. I think you are going to do far bet- the Members of the Senate? Why don’t would be. But you are not going to con- ter at winning support ultimately for they stand up for the Senate when it vince anybody in this Chamber, or these figures if you share your ideas. comes to the budget—we are the ones Again, no one is expecting you are most Americans, that the administra- being asked to vote on this—and be as going to have to be wedded to these tion has not projected some cost fig- demanding as I am about sharing these numbers. But you are not going to ures on what it is going to cost us to numbers? I would think every single build the kind of domestic support you rebuild Iraq, either alone or with the Member of this body, regardless of how need for a number of years on the re- cooperation of others around the globe. you feel about the war, would want to The reason I say that is because I no- construction of Iraq if you do not begin know what the cost may be, so that ticed the other day that the adminis- to share with the American public when you cast a vote either in the tration had solicited bids from four or what sort of cost figures we are talking Budget Committee or on the floor of five major U.S. corporations to bid on about. the Senate next week, you would have an almost $1 billion contract for recon- It is estimated by some groups al- some idea of what the implications are struction or partial reconstruction in ready that the cost could be at a low going to be. Without having that infor- Iraq. figure of $20 billion a year. The cost of I am convinced that those firms had the war, of course, we can’t get any mation, I don’t know how you will vote to have some knowledge of what the numbers on. We don’t have any num- for some of these other matters, know- bid was all about in order to make it. bers on how many of our U.S. military ing that the cost could be billions and What concerns me is that there may be personnel might have to be stationed billions of dollars in the coming 5 or 10 people in those corporations who know in Iraq for how long a period of time years. far more about what the costs may be during the period of occupation. Maybe I am the only one who feels than the representatives and taxpayers Let me share with you from the this way. I suspect I am not. I suspect of this country, who will ultimately be Brookings report. Even assuming, they there is a tremendous concern growing asked to pay the bill. said, little war-related damage—we that we are digging a very deep hole for I was stunned, when we had a hearing hope that is the case—the reconstruc- ourselves financially with these mas- of the Senate Foreign Relations Com- tion requirements in Iraq will be very sive tax cuts and massive spending mittee just a few days ago on this very substantial. Estimates of the require- going on. I find it more than ironic subject matter, at the cost of recon- ment vary considerably from as little that some of the strongest advocates struction, that the administration reas $25 billion over a multiyear period for this budget only a few short years fused to send any witnesses up to share to as much as $300 billion over 10 years. ago were standing here begging us to with the committee, under the leader- It is estimated that repairing and re- vote for a constitutional amendment to ship of the distinguished chairman of storing Iraq’s electrical power grid to balance the budget and, but for one that committee, Senator RICHARD its pre-1990 level would cost as much as vote, we would have written it into the LUGAR of Indiana—that the adminis- $20 billion and that the short-term re- Constitution. Now they stand before us tration refused to even step forward pairs for the oil industry would cost and tell us deficits don’t matter and and share with the committee their about $5 billion. Additional reconstruc- that we don’t even have to share with general thoughts on what may be the tion requirements involve water, sani- you the estimated costs of our involve- costs. tation, transportation, and other infra- ment in Iraq. How is it that four or five corpora- structure. My hope is that in these coming days tions can apparently have access to in- I bring this up not because I am try- before the end of this week or the first formation and yet the Congress of the ing to persuade people they ought not part of next week, the administration United States does not? The four or to be for using force, if that becomes might share through some vehicle, if five corporations were Bechtel, the necessary, but just to suggest that if not before a congressional committee Fluor Corporation, Halliburton, owned you don’t involve people and share then some other forum, what the costs by Kellogg, Brown and Root, the Lewis with them what the estimated cost of are apt to be so that next week when Berger Group, the Parson Group. this may be, you will be in trouble. we vote on the budget, we can include Those, I believe, are the names of the Let me tell you what I suspect is those numbers in the estimated burden corporations invited to bid on the re- really behind a lot of this. As I am the American taxpayer may be asked construction contracts. speaking on the floor of this Chamber, to shoulder. If you are telling these corporations the budget committees of the Congress about what the costs may be, and what are meeting. They are talking about I am deeply worried that we are may be involved, and yet you can’t let the cost of Government over the next digging a very deep hole for ourselves, Members of Congress know—particu- number of years—tax policy, spending and we are not being honest and square larly the committee charged with the policy, what they will be. The esti- with the American public about what responsibility—ultimately, I think mates now for the deficit are hovering those implications will be. that is a mistake. around $400 billion a year. I don’t find I yield the floor.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3715 TORTURE IS A CRIME ghan prisoners at the Bagram air base. guished Speaker of the House, DENNY Mr. LEAHY. Mr. President, I want to Two former prisoners, both of young HASTERT. Vice President CHENEY was take a moment today to speak about age, recently died in U.S. military cus- also in attendance representing the an issue that has been discussed in the tody. Other prisoners described being President, who normally would be at- press recently, which is the use of tor- forced to stand naked in a cold room tending an event such as this today, ture to obtain information from per- for 10 days without interruption, with but, obviously, events in the Middle sons who are suspected of being terror- their arms raised and chained to the East made it difficult for him to get ists. ceiling and their swollen ankles shack- away. All of us understand that. We re- It is well-established that torture is a led. They also said they were denied gret he was not able to be with us, but violation of international law, by sleep for days and forced to wear hoods we fully appreciate there are other which our country is bound. It is also a that cut off the supply of oxygen. matters that require his more imme- violation of our own laws. Yet com- I do not believe that prisoners of war, diate attention. mentators have been quoted by the some of whom are suspected of having But we thank the Prime Minister, press saying that in certain limited cir- killed or attempted to kill Americans, the Taoiseach of Ireland, for him not cumstances, when the threat is a pos- should be rewarded with comforts. only being here but for his tremendous sible terrorist attack, the use of tor- Harsh treatment may, at times, be jus- work, along with Tony Blair and other ture is justified. Some have even sug- tified. political leaders in Northern Ireland, However, while I cannot say whether gested that since torture is used, why particularly Jerry Adams and David the treatment described by these Af- not simply admit it and accept it as a Trimble, in their efforts to try to re- ghan prisoners amounts to torture solve, once and for all, the political fact of life? under international law, it does sound These are not easy questions. Who disputes that have been so devastating cruel and inhumane. The inhumane does not want to do everything possible on the people of Northern Ireland over treatment of prisoners, whoever they to save innocent lives? We all do. But these last number of years. Based on are, is beneath a great nation. It is also the United States is a nation of laws, conversations we have had, it would illegal. That is the law whether U.S. and I reject the view that torture, even appear that we are getting very close military officers engage in such con- in such compelling circumstances, can to, hopefully, a final resolution of duct themselves, or they turn over those issues. be justified. I would hope all countries prisoners to the government agents of would uphold their obligations under So I welcome the Prime Minister and another country where torture is com- other political leaders from Ireland and international law, but that is not the monly used, in order to let others do case. It is the 21st century, and yet tor- Northern Ireland who have come, as the dirty work. they traditionally do, to celebrate St. ture is used by government security Some of these Afghan prisoners may Patrick’s Day, but have made this a forces in some 150 countries. be guilty of war crimes. Some may be working holiday, if you will, to engage We have often spoken about how im- members of al-Qaida but may have in further conversations on what we portant it is not to let the terrorists never fired a shot. Others may be com- might do to help resolve the matters of win. We try not to let ourselves be in- pletely innocent. But regardless, I was Northern Ireland, as well as to listen to timidated. We take precautions, but we not proud when I read that article, and their sound advice and observations re- go about our daily lives. when I think of how often I and other garding the turmoil that is brewing in The same holds true of the tactics Members of Congress have criticized terrorists use. If we don’t protect the other governments for treating pris- the Middle East. civil liberties that distinguish us from oners that way. It undermines our rep- f terrorists, then the terrorists have utation as a Nation of laws, it hurts ELIZABETH SMART AND THE NA- won. our credibility with other nations, and TIONAL AMBER ALERT NET- Torture is among the most heinous it invites others to use similar tactics. WORK ACT crimes, and there is no justification for I am encouraged that the Depart- Mr. REID. Mr. President, I, like all of its use. One need only review history to ment of Defense is conducting a review America, was elated last night when we understand why there can be no excep- of the deaths of the two Afghans at heard the news that the young girl tion to torture. The torture of criminal Bagram, both of which were ruled from Utah, Elizabeth Smart, who had suspects flagrantly violates the pre- homicides by an American pathologist. sumption of innocence on which our Those responsible for what happened been missing for more than 9 months, criminal jurisprudence is based, and must be held accountable. But I also had been found and reunited with her confessions extracted as a result of tor- urge the Department to review whether family. Most of the time, the vast ma- ture are notoriously unreliable. the interrogation techniques used jority of these stories about these Also, history has shown that once an there, and at other U.S. military facili- girls—mostly girls who are kidnapped, exception is made for torture, it is im- ties are fully consistent with inter- abducted, stolen—end in bad news. This possible to draw the line. If we can jus- national law. It should not take a ended in good news. tify torture in the United States, then homicide to reveal that prisoners in As a father and grandfather, I really what is to prevent its use in China, U.S. custody are being mistreated. don’t know the emotion of a parent Iraq, Chile, or anywhere else? If torture I yield the floor. who has a child stolen. An abducted child must be the worst nightmare of a is justified to obtain information from f a suspected terrorist, then why not tor- parent. But this nightmare ended as I ture the terrorist’s wife and children, WELCOMING THE PRIME MINISTER have just related. or his friends and acquaintances who OF IRELAND The Justice Department says the may know about his activities or his Mr. DODD. Mr. President, I want to number of children taken by strangers whereabouts? In fact, that is what hap- take a moment to welcome the Prime annually is between 3,000 and 4,000—it pens in many countries. Minister of Ireland, who is here today. varies but thousands of children. Every There is also the issue of what con- You will notice, I have a green tie on day children are stolen. These children stitutes torture versus acceptable, al- today. I am fully aware, as most Amer- and their parents deserve the assist- beit harsh, treatment. icans are, that St. Patrick’s Day is on ance of the American people and the Torture is defined in the Convention the 17th day of March, not the 13th day helping hand of the Federal Govern- Against Torture, which the United of March. But when the Prime Minister ment. States ratified, as ‘‘any act by which of Ireland arrives here to celebrate St. We stand ready and willing to help. severe pain or suffering, whether phys- Patrick’s Day a little earlier this year, We all feel so helpless when a child is ical or mental, is intentionally in- those of us who are of Irish descent— kidnapped. What can we do to help? flicted upon a person for such purposes and even those who are not but wish There is not very much because mostly as obtaining from him or a third person they were—generally wear a little these stories end, not like Elizabeth information or a confession . . .’’. green to celebrate this festive holiday. Smart’s, they end in tragedy. For the A March 4 article in the New York Prime Minister Ahern was at a lunch past 2 years, Senators LEAHY, HATCH, Times described the treatment of Af- a little while ago hosted by the distin- HUTCHISON, FEINSTEIN, and others have

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3716 CONGRESSIONAL RECORD — SENATE March 13, 2003 introduced the National Amber Alert not yet have AMBER plans are work- these people. Maybe they are religious Network Act to aid in the recovery of ing toward establishing the AMBER people, maybe this is part of their reli- abducted children. Last year, Com- Alert system, and one of the aims of gious garb and costume. Maybe I’ll em- mittee Chairman LEAHY, 1 week after this bill is to help towns, counties, and barrass them and me. But what if I let it was introduced, held a hearing on States all over America to build and them go, walk by, and I haven’t done the AMBER plan, and then we passed support systems to broadcast AMBER anything about that, and this is Eliza- the bill by unanimous consent in both Alerts. beth? the Judiciary Committee and the full Our bipartisan legislation creates a For whatever reason, they decided to Senate when it was under the Demo- national AMBER Alert coordinator at become intervenors. She stepped for- crats’ control. Such quick and dynamic the Justice Department to work with ward, and said: I think this is Eliza- action on legislation is unheard of States, broadcasters, and law enforce- beth. Sure enough, it was. The little around here, but that is proof positive ment agencies to set up AMBER Alert girl had a wig on and a veil. She said: of the overwhelming support that ex- plans, to serve as a point of contact to I am Elizabeth Smart. As a result of ists for what is really a nonpartisan supplement existing AMBER plans, and that, she was reunited with her par- issue. facilitate appropriate regional coordi- ents. Unfortunately, the House of Rep- nation of AMBER Alerts. We don’t know. We will never know resentatives refused to pass a national As I was eating dinner last night, what that girl has gone through. We AMBER Alert network. They refused watching Larry King, I was so im- don’t know all of it. I personally don’t to pass this act because they said they pressed with the enthusiasm, hope, and know if she was brainwashed, as was didn’t like it as a stand-alone bill. glee demonstrated by the family of Patty Hearst. I don’t know anything They wanted it part of something Elizabeth Smart. Of course, we all rec- about it. But I know there are some else—part of something else being part ognize the father in tears, saying how happy people in Salt Lake City today. of nothing. It is unknown to me how happy he was, why haven’t we passed Not only the family, not only the fam- many children’s lives would have been this legislation. Today, when he has ily, but all over Salt Lake City, the saved if we had had a national AMBER learned the real facts, he is saying: State of Utah, the neighboring State of Alert. We know, with the situation we Why hasn’t the House passed this legis- Nevada, but the whole country is cele- had in California, that it really works. lation? brating a successful conclusion to a This year, the Senate again, under This legislation also directs the coor- kidnapping, an event which doesn’t the leadership of Senator HATCH, rap- dinator in the Justice Department to happen that much. idly passed unanimously this bipar- establish voluntary guidelines for min- I hope the House of Representatives’ tisan legislation. But once again the imum standards for AMBER Alerts and conscience will be pricked and they House of Representatives—the leader- their dissemination. As a result, the will reach out and do something quick- ship of the House of Representatives, bill helps kidnap victims while pre- ly which they have the capability of Republican leadership of the House of serving flexibility for the States. De- doing and allowing the national Representatives—is refusing to act veloping and enhancing the AMBER AMBER Alert program to pass. It quickly on this bipartisan AMBER Alert system is a costly endeavor for should pass not in this congressional Alert bill. States to take on alone. So to share session, not this month, but next week, I served in the House of Representa- the burden, the bill establishes two and early in the week. That is my de- tives. They could pass this legislation Federal grant programs managed by sire. I hope we follow through on it. in a matter of hours—not days, hours. the Justice and Transportation Depart- f Ed Smart, Elizabeth’s father, has ments for such activities as informa- called upon the House of Representa- tion dissemination on abducted chil- THE SAFE RETURN OF ELIZABETH tives to pass this noncontroversial Sen- dren and suspected kidnappers, and for SMART ate-passed AMBER Alert bill. I agree necessary AMBER Alert equipment. Mr. HATCH. Mr. President, I express this is the proper course and the fast- Our Nation’s children, parents, and my deep-felt feelings about the answer est way to protect our children from grandparents deserve our help to stop to all of our prayers in Utah. There has danger. the disturbing trend of children’s ab- never been a State where virtually ev- In fact, I am confused as to exactly ductions—to let everyone know they erybody got on their knees and prayed why the House Republican leaders are helping by their taxpayer dollars for the return of this young woman, refuse to pass this bill since they going to a national system. Everyone Elizabeth Smart. agreed to include in the fiscal year 2003 can then say, ‘‘I have done my share.’’ I have to tell you, we believe in mir- omnibus spending bill $2.5 million for I think we have a program here that acles out there. We have seen them AMBER Alert grants. The House lead- really helps. time after time after time. But I have ership still, however, chooses to ignore In the State of Israel, which every to admit, most people had pretty much the bill that the Senate has twice day faces terrorist threats and activi- given up. They were thinking, well, passed under the bipartisan leadership ties, 90 percent of the terrorist activi- that poor soul undoubtedly had to have of Senators HATCH and LEAHY, once ties are thwarted as a result of citi- been murdered. But her father and her when Senator LEAHY was chairman, zens, people of good will, seeing some- mother never gave up. once when Senator HATCH was chair- thing that doesn’t look right and call- They were in my office just a short man. To include AMBER legislation as ing law enforcement. If there is some- while ago saying: We are going to find a provision in an omnibus bill, stand- thing going on next-door, on the block, her. We believe she is alive—praying ing alone, or in any other capacity, it something in their city that they see, every day, fasting for their daughter. doesn’t matter to us. or in their neighborhood, they can People in Utah fast and pray in these I hope the successful recovery of Eliz- complain to authorities, and it helps. situations. abeth Smart and her father’s call for That is what happened here. I have to tell you, I was so thrilled passage of the Senate-passed bill today We had people in Salt Lake City—ac- last night to see they finally found her. moves the House Republican leadership tually, Sandy, UT—who I am sure said: I could hardly get to sleep. to not play politics and promptly let I don’t know if I am doing the right I want to pay tribute to that wonder- this National AMBER Alert Network thing, but I think this could be Eliza- ful family and her neighbors. Jake Act pass as a stand-alone measure— beth. A little girl with a wig—a little Garn and Kathleen Garn are two of the next week. They could do it tonight. I girl? She is a teenager—she has been neighbors. I have to tell you, they both know how the House works. gone almost a year—with a wig and have been of tremendous help and The AMBER plan has been credited some kind of mask over her face, a bolsterers, as have all of the neighbors, with the recovery of 49 children nation- veil, as they call it. to the Smart family. Jake has moved wide, 49 children who have been re- But these people of good will said: heaven and earth for them. He has united happily with their parents. Mr. You know—I am sure I am thinking talked to me, worked with me, worked President, 38 States have a statewide what they must have thought—this is with others. His wife Kathleen is as plan. Officials in those States that do going to be humiliating to me, if I stop good as it gets. She is a wonderful

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3717 human being. I know she was over been forced upon us. It is still my view Robert Bolt wrote, about the conflict there all the time, giving solace, sup- today that war with Iraq has not been between Sir Thomas More, a man of port, comfort. It is typical of these forced upon us. Our allies who are urg- conscience and the law, and his sov- two, who served in the Senate with us ing that the U.N. weapons inspectors be ereign, Henry VIII. for so many years and did such a great given more time to do their work agree More and Roper, his son-in-law, are job, to continue to do a great job in our with that view. arguing about the law at this point in home State. That family really de- In the report to the Security Council the play. Their conversation is instruc- serves a lot of credit. Not only the im- last Friday, Hans Blix and Mohamed tive. Roper, the son-in-law, exclaims: mediate family but the extended fam- ElBaradai, the heads of the U.N. in- ‘‘So now you’d give the Devil benefit of ily exercised their faith and prayers on spection teams, reported progress to- law!’’ More replies: ‘‘Yes. What would behalf of this young woman. ward the goal of ensuring that Iraq has you do? Cut a great road through the I hope everything is OK with her. It been disarmed. They pointed out that law to get after the Devil?’’ Roper says: is certainly OK compared to what she more cooperation by Iraq is needed, but ‘‘I’d cut down every law in England to has gone through. I hope everybody they acknowledged that cooperation do that,’’ to which More responds: ‘‘. . . who knows her and knows that family has increased. And when the last law was down, and will lend support and solace and com- President Bush and Secretary of the Devil turned round on you—where fort to help them to reunite in every State Powell have correctly pointed would you hide, Roper, the laws all way and help this young woman to out that Iraq’s increased level of co- being flat? This country’s planted overcome the terrible experience she operation does not constitute full com- thick with laws from coast to coast has had over the last 9 months. pliance with Security Council Resolu- . . . and if you cut them down—and f tion 1441, in that Iraq has not fully, you’re just the man to do it—d’you completely, and immediately disarmed. really think you could stand upright in AMERICA’S COMMITMENT TO The question is whether this failure the winds that would blow then?’’ INTERNATIONAL LAW to fully comply with the U.N. resolu- ‘‘Yes, I’d give the Devil benefit of law, Mr. BINGAMAN. Mr. President, when tion justifies an armed invasion of Iraq for my own safety’s sake.’’ future generations reflect on the fall- at this time. Many Security Council I submit that if the United States de- out from the terrorist attack of 9/11/ members believe it does not, and, in termines to circumvent the U.N. in 2001, I fear they will see our own com- my view, it does not. this case, the Devil may well turn mitment to international law as a cas- Our Government’s position appears round on us, and we could reap the ualty of that event. I do. to be that we will enforce the U.N. Se- whirlwind for years to come. For some time now, there has been a curity Council resolution even though I yield the floor. contest within the U.S. foreign policy the Security Council itself does not f establishment between those who be- support that action at this time. In lieve our greater security lies with the other words, we will act in coordina- HOUSTON, WE HAVE A PROBLEM strengthening of international institution with the views of the world com- Mr. LEAHY. Mr. President, after tions and agreements, on the one hand, munity of nations as long as those years of shortchanging our nation’s and, on the other, those who believe views agree with our own. When those crime labs, the Administration has un- our security is enhanced if we dem- views differ from our own, we will use veiled a proposal to spend more than $1 onstrate the will and capacity to pre- our great military capability to impose billion over five years on forensic DNA vail; that is, to dominate the new our will by force. programs. This proposal is overdue, but world and shape it to our liking. I, for one, can support a policy of im- it is welcome, and it will make a dif- The election of President Bush and posing our will by force, notwith- ference. the attack of 9/11 have moved U.S. pol- standing the views of our allies, if For two years I have repeatedly icy to endorse this second vision—that there is an imminent threat to our own urged the Administration and House of U.S. dominance of a world that security and if all options, other than Republicans to fully fund existing pro- meets our standards of acceptable con- war, have been exhausted. But neither grams aimed at eliminating the DNA duct. of those circumstances prevails today. backlog crisis and, in particular, the The result of this shift in U.S. for- A decision to wage war at this time, inexcusable backlog of untested rape eign policy is now evident in the state- absent the support of our traditional kits. Until now, the Justice Depart- ments and actions of the President re- allies, contradicts the foreign policy on ment has simply refused to make this a garding Iraq. Unless I misread those which this Nation has been grounded high priority. In the meantime, untest- statements by the President and his for many decades. It undermines the ed critical evidence has been piling up foreign policy team, sometime within international institution that previous while rapists and killers remain at the next few days, the United States, U.S. administrations worked to estab- large, while victims continue to an- and possibly British, troops will begin lish as an instrument for world peace. guish, and while statutes of limitation an invasion of Iraq. The mission, ac- It clearly signals that even absent an expire. cording to the President, will be to dis- imminent threat to our security, we I am pleased that the Administra- arm Saddam Hussein, to capture and consider ourselves the ultimate arbiter tion’s new commitment to funding destroy his weapons of mass destruc- of acceptable behavior by other govern- DNA programs includes $5 million a tion, to liberate the people of Iraq from ments and that we will act to ‘‘change year for post-conviction DNA tests his despotic rule, to install a new and regimes’’ when we determine the ac- that can be used by inmates to prove democratic government, and to hold up tions of other governments to be unac- their innocence. Post-conviction DNA Iraq as a model for freedom and democ- ceptable. testing has already been used to exon- racy that can be emulated by other Madam President, this is an unwise erate more than 120 prisoners nation- Middle Eastern countries. and dangerous precedent for us to es- wide, including 12 awaiting execution. These are noble objectives. My con- tablish. Stripped of its niceties, it is es- Last year the Justice Department can- cern is not with the objectives but with sentially a foreign policy premised on celled plans to spend $750,000 on a post- the apparent decision the President has the belief that ‘‘might makes right.’’ conviction DNA testing initiative, and made to proceed with an invasion now At this point in world history, we have diverted the money to another pro- while many Americans and many of the might and, therefore, accommo- gram. It is heartening that the Depart- our traditional allies believe that al- dating the views of others seems a low ment at last has recognized the impor- ternatives to war still exist. priority. But the day will surely come tance of ensuring that the power of In his State of the Union Address, the when others also have the might, and modern science, in the form of DNA President spoke about a circumstance then we may wish we had shown retesting, is available to help prosecutors where ‘‘war is forced upon us.’’ After straint so that we can argue that oth- and defendants alike establish the the President spoke, I came to the Sen- ers should as well. truth about guilt and innocence. ate floor to make what I considered an There is a famous scene from ‘‘A Man Clearly, DNA testing is critical to obvious point; that is, that war had not For All Seasons,’’ the magnificent play the effective administration of justice

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3718 CONGRESSIONAL RECORD — SENATE March 13, 2003 in 21st Century America. But like year than many states do in a decade. The essence of law enforcement is every forensic tool, DNA testing is More defendants from Harris County seeking the truth, not hiding from it or only as accurate as the labs and techni- have been executed than from any destroying evidence in a fit of pique or cians that process the evidence. When other county in the country. to save face. The disdain for science, we shortchange our labs, we short- Harris County prosecutors are now truth, and justice we have seen in change the whole criminal justice sys- busily reviewing their closed cases to Houston, at the heart of the nation’s tem. The appalling situation in Hous- determine whether they involved evi- capital punishment system, is an utter ton, Texas, is only the most recent ex- dence processed by the Houston police disgrace. ample. lab. They have already ordered new All of which is to say that I hope my Last December, a state audit con- DNA testing in more than 20 cases, in- colleagues will join me in supporting ducted by a team of forensic scientists cluding 7 cases in which the defendant the Administration’s new DNA initia- uncovered widespread problems at the was sentenced to death. Ultimately, tive. One billion dollars will give Houston Police Department’s crime several hundred cases will need to be States the help they desperately need laboratory. These problems included retested. to improve the quality and credibility poorly trained technicians, shoddy rec- Retesting has already cleared one of their crime labs, and to eliminate ordkeeping, and holes in the roof that man, Josiah Sutton. Sutton was only a the backlog of untested DNA evidence. allowed rain to possibly contaminate teenager when he was convicted and Five million dollars a year will go a samples. A Houston councilwoman who sentenced to 25 years for rape, based long way toward ensuring that no de- toured the lab last June described largely on a bogus DNA match by the serving inmate is denied post-convic- trash buckets and water buckets Houston police lab. It now appears that tion DNA testing because he or she 1 throughout the facility: ‘‘They were he spent the last 4 ⁄2 years in prison for cannot afford to pay for it. having to move tables around, because nothing. In his remarks announcing the DNA some of the leaks were near and some- How many Josiah Sutton’s has Harris Initiative, Attorney General Ashcroft times above where the analysis was oc- County wrongfully convicted? Probably said he ‘‘looked forward to working quite a few. Hundreds of people have curring.’’ with the Chairmen of the House and Elizabeth Johnson, a DNA expert fa- been convicted using DNA evidence Senate Judiciary Committees to de- miliar with the Houston police lab, has processed by the Houston police lab. velop legislation that provides appro- pointed to serious problems beyond The fact that the very first batch of priate post-conviction DNA testing to cases to be retested has exposed a holes in the ceiling problems that sug- federal inmates.’’ gest widespread incompetence or even wrongful conviction suggests that Sut- I welcome that, but I have a better ton may be just the tip of the iceberg. corruption. Dr. Johnson has testified idea. With Chairman HATCH’s agree- How many more people will be that lab technicians often vastly exag- ment, I would like to issue a bipartisan cleared through retesting? That is a gerated the probability of a defendant’s invitation to Attorney General trickier question. According to the guilt, while mischaracterizing evidence Ashcroft to come to talk to us in open state audit, the Houston police lab rou- committee about a legislative proposal that exonerated a defendant as ‘‘incon- tinely consumed most if not all of the that is already written, has already clusive.’’ In many cases, she found, lab evidence available for testing, with lit- technicians’ reports, which were used tle or no regard for the importance of been refined and debated, and has al- to make critical decisions throughout conserving samples. This practice will ready received overwhelming bipar- the criminal justice system, asserted greatly limit the possibility for re- tisan support. I refer to the Innocence Protection conclusions that were entirely unsup- testing in the hundreds of cases now Act, a modest and practical package of ported by their data: not technical er- under review. rors; not misjudgments; but flat-out DNA testing is an extraordinary tool reforms that aims at reducing the risk fabrications. for uncovering the truth, whatever the of error in capital cases. The reforms I have spoken before about the disas- truth may be. It can show us conclu- proposed by the IPA are designed to trous consequences of sloppy lab work. sively, even years after a conviction, create a fairer system of justice, where Two years ago, an FBI investigation where mistakes have been made. But it the problems that have sent innocent found that a police chemist in Okla- cannot show us anything if there is no people to death row would not occur, homa City was routinely exaggerating evidence to test. By needlessly con- and where victims and their families her results. At least one man who was suming entire DNA samples, the Hous- could be more certain of the accuracy, convicted on the basis of the chemist’s ton police lab may have destroyed the and finality, of the results. so-called ‘‘expert’’ testimony was later only key to freedom for more than one More specifically, the Innocence Pro- exonerated and released from prison. wrongly convicted person. tection Act would ensure that post- He had already served 15 years of a 65- The failure to preserve DNA evidence conviction DNA testing is available in year sentence. is a problem in many parts of the coun- appropriate cases, where it can help ex- There are many other cases in which try, but it seems to be an official pol- pose wrongful convictions, and that people have been wrongly convicted be- icy in Harris County. In 1997, DNA test- DNA evidence is adequately preserved cause forensic specialists were incoming exonerated Harris County defend- throughout the country. The bill also petent, or because they fabricated or ant Kevin Byrd only because, by pure addresses one of the root causes of overstated test results to support the luck, the 12-year rape kit had not been wrongful convictions—inadequate de- prosecution’s theory of the case. In destroyed pursuant to bureaucratic fense representation at trial. 1997, we learned about major problems routine. The very week that Byrd was Last year, the IPA won the support at the FBI’s crime labs, ranging from freed, however, Harris County officials of a bipartisan majority of the Senate unqualified forensic scientists to con- systematically destroyed the rape kits Judiciary Committee, and more than tamination of evidence and the doc- from 50 other old cases, citing a lack of half the entire House of Representa- toring of laboratory reports. Before storage space. tives. Together with other lead spon- that, there were similar problems in No doubt many of the rape kits that sors—Senator GORDON SMITH, Senator various state crime labs. Police in Bal- Harris County destroyed that week and SUSAN COLLINS, Representative BILL timore are currently reviewing 480 over the years were analyzed under the DELAHUNT, and Representative RAY cases worked on by a former police leaky ceilings of the Houston police LAHOOD—I am committed to reintro- chemist who testified at a 1983 rape lab. But even with the best of inten- ducing the IPA this year and getting it trial against a defendant who was later tions, Harris County prosecutors will signed into law. exonerated. not be able to resurrect that evidence The path to prompt reform is While the situation in Houston is not for retesting. There may well have through legislation that is already unprecedented, it is particularly been another Josiah Sutton or two written and fine-tuned. The path to alarming. That is because Houston is among those cases—defendants who consensus is through legislation that in Harris County, the execution capital were wrongfully convicted based on bad has already received broad bipartisan of the United States. Harris County lab work—but without the evidence to support. And the path to addressing the sends more people to death row in a prove it, we will probably never know. fundamental problems in our criminal

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3719 justice system is through legislation a committee of the Texas Legislature inves- have to do this or you will die, you’d just that addresses the most common cause tigating the laboratory. ‘‘You don’t need to have to kill them.’’ of wrongful convictions—inadequate be a scientist to know that you have to wear There is plenty of blame to go around in defense counsel—as well as their most surgical gloves. You have to tag evidence. the Sutton case, legal experts said, and it You need to not have a leaky roof contami- suggests a need for an independent investiga- conspicuous solution—DNA testing. nating evidence.’’ tion and systemic reform. The path, in each case, is the Inno- The Houston police have turned over some ‘‘The criminal justice system in Houston is cence Protection Act. 525 case files involving DNA testing to the completely dysfunctional,’’ Professor I look forward to continuing to work Harris County district attorney’s office, Thompson said. He examined eight DNA with my colleagues on both sides of the which has said that at least 25 cases warrant cases processed by the Houston police at the aisle to pass the Innocence Protection retesting, including those of seven people on request of KHOU–TV, the television station Act this year. death row. Both numbers will grow signifi- that first called attention to the labora- I ask unanimous consent to have cantly as more files are collected and ana- tory’s problems in several reports in Novem- lyzed, Marie Munier, the assistant district ber. printed in the RECORD 2 articles, one attorney supervising the project, said. In Mr. Sutton’s case, there happened to be from the Washington Post, the other Mr. Bailey said he was troubled that the a small amount of evidence available for re- from the New York Times, which de- retesting was being conducted under the su- testing. That is seldom the case in Houston, scribe the ongoing investigation into pervision of Harris County prosecutors. according to the state’s audit. the Houston police lab. ‘‘I have lost confidence in the Police De- Mr. Sutton’s mother, Carol Batie, said her There being no objection, the mate- partment and the district attorney’s office son’s main concern on hearing there would rial was ordered to be printed in the to handle this,’’ Mr. Bailey said. ‘‘I’m really be retesting was that so little evidence re- bothered by the fact that the review is being mained available. RECORD, as follows: done by the same people who allowed the er- ‘‘We were concerned it would come back [From the New York Times, Mar. 11, 2003] rors to go on and prosecuted these cases and inconclusive,’’ Mr. Batie said. REVIEW OF DNA CLEARS MAN CONVICTED OF so have a stake in the outcomes of the re- Mr. Bailey, the state representative, said RAPE view.’’ the Sutton case should change the usual pre- (By Adam Liptak) Joseph Owmby, who prosecuted Mr. Sut- sumptions in cases where retesting is impos- ton, said his office had not received a formal sible. ‘‘Unless there is other strong corrobo- When Josiah Sutton went on trial for rape report from Identigene Inc. of Houston, the rative evidence,’’ he said, ‘‘those people at in 1999, prosecutors in Houston had little to outside laboratory his office hired to per- the very least deserve retrials.’’ build a case on. The victim was the only wit- form the retesting. The victim in the Sutton case identified ness, and her recollection was faulty. But ‘‘If he has been exonerated,’’ Mr. Owmby him, but her testimony has been questioned. they did have the rapist’s DNA, and techni- said, ‘‘we also have an eyewitness identifica- She said she was raped by two men. Both cians from the Houston police crime labora- tion, and we will have to work through that. were around 5 feet 7 inches tall, she said; one tory told the jury that it was a solid match. If he was exonerated, it certainly doesn’t weighed 135 pounds, the other weighed 120. That was enough to persuade the jurors to make me feel any better.’’ Five days later, she saw several men on the convict Mr. Sutton and send him to prison Mr. Owmby said his confidence in the po- street and identified two of them as her for 25 years. lice laboratory’s work had been shattered. attackers. DNA evidence excluded one man But new testing has conclusively dem- ‘‘We’re not scientists,’’ he said. ‘‘We were at the time, meaning one of her two identi- onstrated that the DNA was not Mr. presenting evidence that was presented to fications was demonstrably mistaken from Sutton’s, the Houston Police Department us. There is a big problem. We are treating it the start. Mr. Sutton, moreover, is 5 foot 10 said yesterday. as a big problem.’’ and weighs more than 200 pounds. The retesting is part of a review of the lab- Houston police officials issued a statement The Sutton case, said David Dow, a Univer- oratory that began after a scathing state yesterday confirming Mr. Sutton’s exclusion, sity of Houston law professor who represents audit of its work led to a suspension of ge- but noted that they had not received a for- death row inmates in capital appeals, ‘‘is netic testing in January. Mr. Sutton’s appar- mal report from Identigene. probably the tip of the iceberg.’’ ent exoneration is the first to result from At a hearing on Thursday, Chief C. O. ‘‘There were two different problems in the the review. Bradford said his department had shut down crime lab—scientific incompetence and cor- Legal experts say the laboratory is the its DNA laboratory and begun an internal af- ruption,’’ Professor Dow said. ‘‘That’s a worst in the country, but troubles there are fairs department investigation on whether deadly combination. Once you have corrup- also seen in other crime laboratories. Stand- there was criminal or other wrongdoing. tion, there is no reason to think that this is ards are often lax or nonexistent, techni- Chief Bradford added that there should be a limited to DNA cases or cases where there is cians are poorly trained and defense lawyers ‘‘cease and desist’’ on executions in the rel- scientific evidence of any sort.’’ often have no money to hire their own ex- evant cases until the retesting is complete. ‘‘If this were a death penalty case,’’ he perts. Questions about the work of labora- ‘‘There certainly is a fear that people were added, ‘‘Sutton may well have been executed tories and their technicians in Oklahoma wrongly accused, wrongly convicted or re- by now.’’ City, Montana and Washington State and ceived longer sentences than they should elsewhere have led to similar reviews. But have,’’ he said last week in an interview in [From the Washington Post, Mar. 1, 2003] the possible problems in Houston are much Austin. TEX. LAWMAKERS PROBE LAB OVER REPORTS greater. More defendants from Harris Coun- William C. Thompson, a professor of crimi- OF TAINTED DNA EVIDENCE ty, of which Houston is a part, have been ex- nology at the University of California at ecuted than from any other county in the Irvine who has studied the Houston police (By Karin Brulliard) country. laboratory’s work, said, ‘‘The likelihood that AUSTIN, Feb. 28.—The Texas Legislature ‘‘This is an earthquake,’’ Mr. Sutton’s law- there are more innocent people convicted be- has launched an inquiry into the operations yer, Bob Wicoff, said. ‘‘The ramifications of cause of bad lab work is almost certain.’’ of the Houston Police crime lab after reports this for other cases, for death penalty cases, Elizabeth A. Johnson, a DNA expert re- that the lab’s shoddy facilities and faulty is staggering. Thousands of cases were pros- tained by Mr. Sutton’s lawyers, has appeared practices may have led to contamination of ecuted on the basis of this lab’s work. as a defense witness in about 15 cases involv- DNA evidence in hundreds of cases. The audit of the Houston laboratory, coming the crime laboratory and is perhaps its An independent audit by the state in De- pleted in December, found that technicians most vocal critic. cember uncovered the problems. In January, had misinterpreted data, were poorly trained In one rape case, Dr. Johnson said, a tech- police officials suspended DNA testing at the and kept shoddy records. In most cases, they nician testified that a swab of the victim lab, and the Harris County District Attor- used up all available evidence, barring de- found semen, even though initial laboratory ney’s office began a review of all cases that fense experts from refuting or verifying their reports said there was no semen present. In involved evidence processed there. results. Even the laboratory’s building was a other cases evidence that technicians said So far, the DNA from at least 14 convic- mess, with a leaky roof having contaminated was inconclusive actually exonerated the de- tions will be retested because of information evidence. fendant. Often, she said, technicians would secured during the reviews, said District At- The police and prosecutors vowed to retest vastly exaggerated the probability of a de- torney Charles A. Rosenthal Jr. At least DNA evidence in every case where it was fendant’s guilt. three involve death row cases. used to obtain a conviction. But they re- There was, she said, ‘‘an overall lack of un- Houston is in Harris County, which has mained confident that the laboratory’s prob- derstanding of how this work is done and sent more people to death row than any lems were primarily matters of documenta- what it means.’’ other county in Texas. tion and testimony that was not conserv- She said the laboratory was particularly ‘‘It’s a serious, serious problem,’’ said state ative enough. weak where the sample involved a mixture of Rep. Kevin Bailey, a Democrat from Houston The Sutton case has changed that. DNA from two people. who is chairman of the House General Inves- ‘‘It’s a comedy of errors, except it’s not ‘‘They can’t do a sperm sample separation tigating Committee, which will hold hear- funny,’’ said State Representative Kevin Bai- to save their lives,’’ Dr. Johnson said. ‘‘If ings on the lab next week. ‘‘The public has a ley, a Houston Democrat who is chairman of you put a gun to their heads and said you right to expect a fair and accurate analysis

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3720 CONGRESSIONAL RECORD — SENATE March 13, 2003 by a metropolitan crime lab. When we find tences, the court has shown interest recently RULES OF THE COMMITTEE ON out that we’ve not had that, it causes people in the issues raised by Banks’ appeal, though COMMERCE, SCIENCE, AND to question the whole criminal justice sys- its rulings have not always come out the way TRANSPORTATION tem.’’ death penalty opponents would have liked. In the December audit, a team of forensic The court ordered a lower court review of Mr. MCCAIN. Mr. President, the Com- scientists detailed problems that included another Texas man’s death sentence last mittee on Commerce, Science, and inadequate recordkeeping, poor maintenance month, ruling that a case could be made that Transportation has adopted rules gov- of equipment and a leaky roof that it said jury selection at his trial was racially bi- erning its procedures for the 108th Con- could lead to contamination of DNA samples. ased; last year, it abolished capital punish- gress. Pursuant to rule XXVI, para- City Councilwoman Carol Alvarado, who ment for the mentally retarded. But also last toured the facility June 11 after receiving graph 2, of the Standing Rules of the year, the court rebuffed an effort to seek Senate, on behalf of myself and Sen- complaints from lab employees, said the roof abolition of the death penalty for juveniles was in poor shape. and let Virginia proceed with the execution ator HOLLINGS, I ask unanimous con- ‘‘These were not just leaks; these were of a murderer who had been represented at sent that a copy of the Committee holes,’’ she said. ‘‘There were trash buckets trial by the murder victim’s former lawyer. Rules be printed in the RECORD. and water buckets throughout the lab. They ‘‘Delma Banks Jr., who has maintained his RULES OF THE SENATE COMMITTEE ON were having to move tables around, because innocence from the beginning, found justice COMMERCE, SCIENCE, AND TRANSPORTATION some of the leaks were near and sometimes in the courts today, and we are hopeful that I. MEETINGS OF THE COMMITTEE above where the analysis was occurring.’’ this delay will allow a meaningful review of Alvarado said she reported her findings to 1. The regular meeting dates of the Com- the serious claims in his case,’’ Banks’ law- mittee shall be the first and third Tuesdays the council June 19, but funding issues pre- yer, George Kendall of the NAACP Legal De- vented the council from awarding a contract of each month. Additional meetings may be fense and Education Fund, said in a prepared called by the Chairman as he may deem nec- for roof repair until January. statement. ‘‘The court’s decision to stay the Houston Police Department spokesman essary or pursuant to the provisions of para- execution in order to potentially hear the Robert Hurst refused to comment on the lab. graph 3 of rule XXVI of the Standing Rules Elizabeth Johnson, who directed the Harris significant claims put before it demonstrates of the Senate. County DNA lab until 1996, said water from that our tribunals will not turn a blind eye 2. Meetings of the Committee, or any Sub- a leak could taint samples. But she also said to egregious miscarriages of justice.’’ committee, including meetings to conduct the city police lab’s problems run deeper Bobby Lockhart, district attorney of hearings, shall be open to the public, except than a leaky roof. Bowie County, said, ‘‘Factually, [Banks] was that a meeting or series of meetings by the ‘‘Every single case I ever reviewed of theirs guilty, and legally the jury found him guilty. Committee, or any Subcommittee, on the had at least one serious error and sometimes As to the death penalty, that’s up to the Su- same subject for a period of no more than 14 more than one error,’’ she said. ‘‘I’m not preme Court. I think that the Supreme court calendar days may be closed to the public on talking about a typo. I’m talking about will review the case and find that he was a motion made and seconded to go into things like controls being missing. Most guilty, and I think there’s no way the stay closed session to discuss only whether the common were that their reports would say [of execution] will be extended beyond 30 matters enumerated in subparagraphs (A) one thing, and their data didn’t support that days.’’ through (F) would require the meeting to be at all.’’ Banks’ case has attracted attention in part closed, followed immediately by a record Rosenthal said any DNA retests that re- because of the supporters who have rallied to vote in open session by a majority of the veal errors will lead to new trials. his cause, including former FBI director Wil- members of the Committee, or any Sub- Bailey said the use of DNA evidence from liam S. Sessions and two former federal ap- committee, when it is determined that the a flawed lab reveals the ‘‘win and get a con- peals court judges. matter to be discussed or the testimony to viction at all costs’’ attitude of the district In a brief submitted to the Supreme Court be taken at such meeting or meetings— attorney’s office. He wants hearings to deter- in support of Banks’ request for a stay, Ses- (A) will disclose matters necessary to be mine whether an external review is nec- sions and his colleagues said that the Banks kept secret in the interests of national de- essary. case is tainted by ‘‘uncured constitutional fense or the confidential conduct of the for- ‘‘No innocent people should be convicted errors’’ that are ‘‘typical of those that have eign relations of the United States; because of faulty analysis,’’ he said. ‘‘At this undermined public confidence in the fairness (B) will relate solely to matters of Com- point, I’m skeptical as to whether the Hous- of our capital punishment system.’’ mittee staff personnel or internal staff man- ton lab can analyze their own mistakes.’’ Banks, then 21, was convicted in 1980 of agement or procedure; shooting his co-worker Richard Wayne (C) will tend to charge an individual with [From the Washington Post, Mar. 13, 2003] Whitehead, 16, to death with a .25-caliber crime or misconduct, to disgrace or injure TEX. EXECUTION STAYED AT LAST MINUTE— handgun. the professional standing of an individual, or SUPREME COURT CONSIDERS REVIEW Banks’ lawyers argue that prosecutors otherwise to expose an individual to public (By Charles Lane) wrongfully suppressed evidence that one of contempt or obloquy, or will represent a clearly unwarranted invasion of the privacy The Supreme Court granted a last-minute their key witnesses, who has since recanted, lied on the stand. Banks’ attorneys also of an individual; stay of execution last night to a Texas (D) will disclose the identify of any in- death-row inmate who says he is innocent of argue that his inexperienced defense lawyers offered little evidence to counter prosecu- former or law enforcement agent or will dis- the murder of which he was convicted 23 close any information relating to the inves- years ago, setting the stage for another high- tors’ claims that Banks deserved the death penalty, even though he had no previous tigation or prosecution of a criminal offense profile debate at the court over alleged flaws that is required to be kept secret in the in- in the U.S. capital punishment system. criminal record. Prosecutors kept African Americans off terests of effective law enforcement; In a brief order issued about 10 minutes be- (E) will disclose information relating to the jury, they contend, producing the all- fore officials were to administer a lethal in- the trade secrets of, or financial or commer- white panel that convicted Banks and sen- jection to Delma Banks Jr., the justices said cial information pertaining specifically to, a tenced him to death in the course of two that he should be kept alive at least long given person if— days of legal proceedings. enough for them to consider his request for (1) an Act of Congress requires the infor- a full-scale hearing on claims that his 1980 No physical evidence linked Banks to the mation to be kept confidential by Govern- trial in Bowie County, Tex., was marred by crime. But Banks was the last person seen ment officers and employees; or prosecutorial misconduct, ineffective defense with Whitehead, and prosecutors said their (2) the information has been obtained by counsel and racially discriminatory jury se- case against him is strong. Last week, the the Government on a confidential basis, lection. New Orleans-based U.S. Court of Appeals for other than through an application by such Banks, an African American, was con- the 5th Circuit, reversing a federal district person for a specific Government financial or victed of killing a white teenager by an all- judge’s ruling in favor of Banks, permitted other benefit, and is required to be kept se- white jury. If his execution had proceeded his execution to proceed, on the grounds that cret in order to prevent undue injury to the last night, he would have been the 300th per- the alleged flaws in his trial were not sub- competitive position of such person; or son put to death in Texas since the state re- stantial enough to have changed the out- (F) may divulge matters required to be sumed executions in 1982. come. kept confidential under other provisions of It was unclear when the court might meet The Texas Court of Criminal Appeals this law or Government regulations. to consider Banks’ petition. Its next sched- week refused to block Banks’ execution, and 3. Each witness who is to appear before the uled closed-door conference is March 21. the Texas Board of Pardons and Paroles Committee or any Subcommittee shall file However, the stay may be a favorable sign would not hear his plea because it was filed with the Committee, at least 24 hours in ad- for Banks because it required the votes of at too late. vance of the hearing, a written statement of least five justices, and a decision to hear his Because of the prolonged appeals process in his testimony in as many copies as the case could be made with the assent of just his case, Banks has been on death row while Chairman of the Committee or Sub- four justices. Texas conducted 299 executions, the most of committee prescribes. Consistent with growing public concern any state since the Supreme Court permitted 4. Field hearings of the full Committee, over the possibility of wrongful death sen- states to resume capital punishment in 1976. and any Subcommittee thereof, shall be

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3721 scheduled only when authorized by the for commercial passenger carriers were Serbian nation. To the people of Ser- Chairman and ranking minority member of armed. That makes no sense because bia, we say: Please continue to fight the full Committee. cargo pilots fly the same planes with for those principles your Prime Min- II. QUORUMS the same or larger fuel loads as the ister represented with honor, skill, and 1. A majority of members shall constitute passenger aircraft that were hijacked courage. He will be written into the a quorum for official action of the Com- on September 11. history of a very difficult time. His mittee when reporting a bill, resolution, or Last week, I introduced the Arming name will be known for the freedom he nomination. Proxies shall not be counted in Cargo Pilots Against Terrorism Act to making a quorum. helped bring to a long-suffering people. 2. Eight members shall constitute a close that dangerous loophole. Today, America salutes a fallen hero. quorum for the transaction of all business as Senator BOXER offered our bill as an f amendment in the Commerce Com- may be considered by the Committee, except JACKSON-VANIK for the reporting of a bill, resolution, or mittee and it passed unanimously. I nomination. Proxies shall not be counted in thank her for all her hard work on this Mr. LEVIN. Mr. President, nearly making a quorum. issue and I thank the Commerce Com- three decades ago, a small provision 3. For the purpose of taking sworn testi- mittee for acting expeditiously. was included in the Trade Act of 1974. mony a quorum of the Committee and each I am hopeful this bill soon become While relatively small in number of Subcommittee thereof, now or hereafter ap- words, this provision, known as the pointed, shall consist of one Senator. law and the loophole will be closed. We need to protect our cargo pilots and Jackson-Vanik amendment, helped III. PROXIES the general public from any possible open up an entire society. When a record vote is taken in the Com- threat. Three decades ago, during the height mittee on any bill, resolution, amendment, of the Soviet Union’s power, Senator or any other question, a majority of the f members being present, a member who is un- Henry ‘‘Scoop’’ Jackson and Represent- THE ASSASSINATION OF SERBIAN ative Charles Vanik introduced legisla- able to attend the meeting may submit his PRIME MINISTER ZORAN DJINDJIC or her vote by proxy, in writing or by tele- tion that exposed the repressive tactics phone, or through personal instructions. Mr. MCCAIN. Mr. President, when of the Soviet Union. By focusing atten- IV. BROADCASTING OF HEARINGS Zoran Djindjic was assassinated in Bel- tion on the emigration restrictions Public hearings of the full Committee, or grade yesterday, Serbia and the world that the Soviet Union placed on its any Subcommittee thereof, shall be televised lost a champion of freedom who gave Jewish citizens, the Jackson-Vanik or broadcast only when authorized by the his life in service to it. We mourn his amendment reiterated American con- Chairman and the ranking minority member death and condemn his assassins’ at- cern about the wide-scale human rights of the full Committee. tempt to destroy democratic rule in a abuses occurring in the Soviet Union. V. SUBCOMMITTEES country that was only recently liber- In the process, the Jackson-Vanik 1. Any member of the Subcommittee may ated from Slobodan Milosevic’s tyr- amendment played a vital role in sit with any Subcommittee during its hear- anny, but had already come so far. changing Soviet society. ings or any other meeting but shall not have I first heard about Zoran Djindjic in Now, as the cold war recedes further the authority to vote on any matter before 1996 when he took to the streets of Bel- into the past, it is time for Russia to the Subcommittee unless he or she is a Mem- grade with hundreds of thousands of be ‘‘graduated’’ from Jackson-Vanik. ber of such Subcommittee. 2. Subcommittees shall be considered de Serbs to force Milosevic to accept local Because of the persistence of the Jack- novo whenever there is a change in the election results. He was victorious in son-Vanik requirements, the adminis- chairmanship, and seniority on the par- that battle. It took him four more tration must report semi-annually on ticular Subcommittee shall not necessarily years of hard and dangerous work to the Russian Federation’s compliance apply. defeat Milosevic at the polls and in the with the freedom of emigration re- VI. CONSIDERATION OF BILLS AND RESOLUTIONS streets. quirements. This reporting require- It shall not be in order during a meeting of The Serbian revolution of 2000 ment is a source of much frustration the Committee to move to proceed to the showed the world that democracy can and embarrassment to our Russian consideration of any bill or resolution unless succeed, in the Balkans as elsewhere, if friends, a fact that is made clear to me the bill or resolution has been filed with the leaders are wise, persistent, and coura- whenever I meet with individuals or Clerk of the Committee not less than 48 geous. The Milosevic government was groups from Russia. hours in advance of the Committee meeting, the last Balkan dictatorship to fall. Russia has made great progress in rein as many copies as the Chairman of the Zoran Djindjic was the person pushing forming itself. Since 1994, consecutive Committee prescribes. This rule may be waived with the concurrence of the Chair- hardest at the pillars of the authori- administrations have noted that the man and the ranking minority member of tarian state. Once he became Prime Russian Federation has been found to the full Committee. Minister, he made the tough decisions be in full compliance with the freedom f to transform Serbia from dictatorship of emigration requirements under Title to democratic republic. He sent IV of the Trade Act of 1974. In this ARMING CARGO PILOTS AGAINST Milosevic to The Hague, despite fierce time, the United States has signed a bi- TERRORISM ACT internal opposition; he implemented lateral trade agreement with Russia, Mr. BUNNING. Mr. President, I rise critical economic and political re- and the Bush Administration according to thank my colleagues on the Senate forms; and recently he had begun to ag- to its website ‘‘has begun consultations Commerce Committee for unanimously gressively fight organized crime. It was with Congress and interested groups on passing the language of the Arming one battle too many. the possibility of graduating Russia Cargo Pilots Terrorism Act as an Those who would corrupt and destroy and other countries of the former So- amendment to the Air Cargo Security democracy in Serbia presumably hope viet Union from the provisions of the Act. by their actions to extinguish the Ser- Jackson-Vanik amendment.’’ Grad- As was made so terribly clear on Sep- bian people’s aspirations to live under uating Russia from Jackson-Vanik at tember 11, 2001, we must be ready for rule of law and in liberty as part of a this time will improve our relations terrorist threats in places and times we secure and prosperous Europe. They with Russia while enabling us to re- never before thought we would. Con- have failed. Killing one man will not flect upon the courage of Soviet Jewry gress has acted deliberately to increase stop reform or diminish the passion of and the success of this legislation. I our security and make it harder for Serbs to be part of the European family ask unanimous consent that a letter terrorists to repeat the destruction of of free nations. I hope it will only in- from Mr. Leonid Nevzlin, former Presi- September 11. vigorate Zoran Djindjic’s many fol- dent of the Russian Jewish Congress One step Congress took was to arm lowers to carry on the struggle they and a current member of the Russian pilots of commercial aircraft who vol- began together in the dark days of Senate, be printed in the RECORD fol- unteered for a rigorous training pro- Milosevic’s rule. lowing my statement. gram. At the last minute, commercial Our prayers are with the Djindjic The PRESIDING OFFICER. Without cargo pilots were left out of the pro- family, his colleagues in the Demo- objection, it is so ordered. gram while their counterparts flying cratic Opposition of Serbia, and the (See exhibit 1.)

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3722 CONGRESSIONAL RECORD — SENATE March 13, 2003 Mr. LEVIN. This letter states that pressing support for repeal of the Jackson- helped create the State Children’s ‘‘there should be no doubt that the Vanik Amendment. I prepared the letter Health Insurance Program, SCHIP. Jewish community believes the Jack- some time ago and it is surprising that more That program provides coverage for son-Vanik requirements have been met people in the U.S. Senate were unaware that needy children who do not qualify for it had been sent. There should be no doubt in terms of immigration and freedom that the Jewish community believes the the Oregon Health Plan. Today, all 50 of movement in today’s Russia.’’ Jackson-Vanik requirements have been met States have SCHIP programs providing This bill, which Senator BAUCUS is in terms of immigration and freedom of for 4.6 million children. And in 2001, Or- introducing and which I am pleased to movement in today’s Russia. egon’s SCHIP program provided health co-sponsor, would enhance relations be- I have also taken note of your concerns coverage to over 41,000 needy children. tween the United States and Russia. about the sale of dual use technology to Iran While we in Congress debate the ways While recognizing the advances made and Iraq. In this regard, as you recall I pro- in which legislators can help tackle by Russia, the legislation also ensures posed in our meeting that our two chambers this difficult problem, people all over establish a framework to assess how we can the country are acting on their own to that Congress can continue to play a both develop greater cooperation on matters meaningful role in addressing trade of mutual concern. I am very pleased that help bring health services and a better disputes with Russia and in setting the both you and Chairman Biden encouraged me quality of life to countless vulnerable terms of World Trade Organization, to develop such a framework and look for- Americans. During Cover the Unin- WTO, accession for Russia. ward to working with both of you to see that sured Week I would like to tell you While this legislation grants Perma- this is accomplished. about one person from my own state of nent Normal Trade Relations, PNTR, On another matter, I know of your interest Oregon whom I consider to be a true to the Russian Federation, it does not in reducing America’s dependence on oil ‘‘Health Care Hero.’’ Mr. Ian Timm is a shipments from Middle East countries and man who has truly made a difference to abrogate the rights of Congress to com- though you would like to know that Russian ment on Russia’s accession to the WTO oil company YUKOS, will be delivering the the lives and health of many Orego- nor does it remain silent about the first load of Russian oil to Houston, Texas nians. need for continued progress by the Rus- soon. I am confident that Russia could be a Mr. Timm is well known as an effec- sian Federation with regard to human reliable supplier and would welcome the op- tive advocate bringing health services rights matters. portunity to work with you and others in to Oregon’s needy. Whether serving on The Jackson-Vanik amendment was Congress on initiatives that would encourage the Oregon Rural Health Association but one part of the Trade Act of 1974 this development. board, chairing the Oregon Statewide It is my hope to build a closer working re- Health Coordinating Council, or pro- that addressed trade with nonmarket lationship with select members of the U.S. economies. Recognizing the trade pol- Senate in order to take a fresh approach to viding leadership as a Linn County icy aspects of ‘‘graduating’’ a country a new set of challenges that beset both our Commissioner, Mr. Timm has dedi- from Jackson-Vanik, Congress has tra- countries. cated his professional life to making a ditionally granted PNTR to a country In recognition of the upcoming celebration difference in the lives of others. He is subject to Jackson-Vanik only at the of America’s Independence Day on July 4, I well known for providing both vision time of its accession to the WTO. This extend my best wishes to you, as representa- and structure to Oregon’s efforts to practice has given Congress the ability tive of the people, for your country’s re- provide quality health services for chil- markable achievement. dren and families. Because of his work, to voice its approval for the terms by Sincerely, young children receive immunizations, which a nation accedes to the WTO. LEONID NEVZLIN, The terms for Russia’s WTO accession Senator, Deputy Chairman of the Committee mothers have quality pre-natal care, are still being discussed, and even for Foreign Affairs, Council of Federation of and seniors have the attention of phy- though this legislation would provide Russian Parliament. sicians, all regardless of their financial PNTR for Russia before those terms f status. In Oregon, we have a tradition of are final it also provides Congress with COVER THE UNINSURED WEEK the means to comment on those terms taking care of those who cannot take and voice its approval or disapproval Mr. SMITH. Mr. President, as most of care of themselves—Mr. Timm has been for them. my colleagues know, this week is Cover a leader in making this value a reality. This legislation addresses the con- the Uninsured Week in America. The For instance, Mr. Timm’s vision led to cerns of the Jackson-Vanik Amend- Robert Wood Johnson Foundation and the development of Care Oregon, which ment while preserving Congress’ abil- a host of other organizations, including provides health coverage for thousands ity to play a key role in discussions the U.S. Chamber of Commerce, the of Oregonians as the largest insurer of about Russia’s accession to the WTO. AFL–CIO, and AARP, have come to- clients within the Oregon Health Plan. In a piece encouraging the ending of gether, recognizing that we can delay He serves on the Oregon Partnership to Jackson-Vanik’s applicability for Rus- no longer in addressing this critical Immunize Children, ensuring that Or- sia, the Israel Policy Forum stated issue. Like them, I believe that Con- egon kids receive the preventive care that: ‘‘things change. Old empires dis- gress should seize this opportunity to they need. Through his work at the Or- appear. Old enemies become new reaffirm its commitment to bringing egon Primary Care Association, Mr. friends. History’s challenge is to an- high quality, affordable, and stable Timm has increased access to health ticipate its direction and move along health coverage within reach of the 41 care by bringing resources to commu- with it.’’ million Americans who now go with- nity based health centers. These cen- This legislation recognizes the pro- out. ters are one of the most effective ways found changes wrought by the Jackson- Health insurance coverage is the best to provide health care to those who Vanik Amendment while acknowl- predictor of access to health care in often drop through the cracks, pre- edging our need to move forward as we America today; yet, despite its impor- venting disease and saving lives. continue to engage with Russia on tance, more than 41 million Americans But Mr. Timm’s service is not lim- matters of human rights and trade. remain uninsured, and 75 million ited to our borders. Driven by his faith EXHIBIT 1 Americans under 65 years of age—three and concern for others, he has shared out of every 10—were uninsured at his time and talents overseas in the JUNE 27, 2002. Hon. CARL LEVIN, some point during the past two years. Sudan and in Thailand. During the United States Senate, Experts estimate that this number will Ethopian refugee crisis, he supervised Washington, DC. increase by 1 to 3 million people this the construction of camps and provided DEAR SENATOR LEVIN: I am pleased we had year as the economic downturn con- medical and sanitation services for an opportunity to meet when I was in Wash- tinues. In our state alone, 436,000 peo- 105,000 refugees. In Thailand, he cre- ington, DC last week. Your long-standing in- ple sought Oregon Health Plan cov- ated sanitation programs for 14 refugee terest to promoting closer working relation- erage last year—a 14 percent increase camps, and supervised two outpatient ships between the U.S. Senate and the Rus- sian parliament is much appreciated. since 2000. clinics, public and school health pro- As promised, I am sending a copy of my I know we can reverse this trend be- grams, and the Khmer Health Training letter, as president of the Russian Jewish cause we have done it in the past. Dur- Center. Few of us are willing to forsake Congress, to Presidents Bush and Putin ex- ing my first year in the U.S. Senate, I the comforts of home, yet Mr. Timm

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3723 volunteered to bring hope and life to pany, 4th Battalion, 31st Infantry Regi- football and basketball teams have those in the most desperate corners of ment. been going to Butch Varno’s house be- the globe. Pfc. Tommy C. Young, 20, from Knox- fore the start of the game and literally Mr. Timm has built both a local and ville, TN, assigned to Charlie Company, giving him a lift. Mr. Varno, who from national reputation as an effective ad- 4th Battalion, 31st Infantry Regiment. infancy has contended with cerebral vocate and distinguished public servant Pfc. Andrew D. Stevens, 20, from palsy, is confined to a wheelchair and who is a true friend to the poor and Rockingham, NH, assigned to Charlie does not drive. On game day, he antici- vulnerable. This year, Mr. Timm will Company, 4th Battalion, 31st Infantry pates the arrival of a small band of retire from professional service, ending Regiment. Panthers for a ride to the game, which his distinguished career as the Execu- In addition, two young men were se- includes lifting Mr. Varno out of bed tive Director of the Oregon Primary riously injured—Spc. Dmitri Petrov and getting him to the bleachers. Care Association. He will be sorely and Spc. Edwin A. Mejia, both from We in Vermont are proud of the stu- missed. But given his record of valu- Charlie Company, 4th Battalion, 31st dent athletes who make this happen able service, I’m confident he will con- Infantry Regiment. before each game. Whether they know tinue to make a difference for Orego- Each and every one of these young it or not, they represent the very best nians. men was a patriot and served their of our Nation’s college students. They I salute Ian Timm for his record of country bravely. My thoughts and are learning, playing hard and, most accomplishment and tremendous leg- prayers go out to the families of these importantly, caring for others in their acy of healthy Oregon children and boys. While the cause of the accident community. families. He is the definition of a remains under investigation, I have I ask unanimous consent that the Health Care Hero and an example of asked to be kept informed of any and text of Rick Reilly’s column be printed compassionate service for all of us here all developments and am confident in the RECORD. in Congress and across America. that a thorough examination will be There being no objection, the mate- We in the U.S. Senate have a moral conducted. rial was ordered to be printed in the obligation to follow Ian Timm’s exam- Our brave military men and women RECORD, as follows: ple. In so doing, the 108th Congress can fully know the risk they take in doing [From Sports Illustrated, Mar. 10, 2003] leave its own legacy of healthy chil- their duty and they meet this risk head EXTRA CREDIT dren and families. Cover the Uninsured on, to ensure that the rest of us con- (By Rick Reilly) week lasts only 7 days, but I urge my tinue to live with freedom. Tragic acci- The best college tradition is not dotting colleagues to continue their personal dents such as this one truly remind us the i at Ohio State. It’s not stealing the goat commitment to this issue throughout all of the high price of freedom. from Navy. Or waving the wheat at Kansas. their time in public office and beyond. It’s Picking Up Butch at Middlebury (Vt.) I will continue working with my col- College. Only with this type of dedication can leagues to make sure our troops have For 42 years Middlebury freshman athletes we truly keep America healthy. the best equipment, instruction, and have been Picking Up Butch for football and f supplies to ensure their safety not only basketball games. It’s a sign-up sheet thing. Carry the ball bags. Gather all the towels. UH–60 BLACKHAWK CRASH AT on the battlefield, but in training exercises as well. May God bless the young Pick Up Butch. FORT DRUM, NEW YORK Basketball players, men and women, do it soldiers who died training to defend the Mr. BURNS. Mr. President, I rise during football season. Football players do it values of this great Nation. today to mourn the loss of 11 brave sol- during basketball season. Two hours before diers killed in a UH–60 Blackhawk f each home game, two freshmen grab whatever car they can get and drive a mile off crash on the afternoon of Tuesday, MIDDLEBURY COLLEGE PAN- campus to the tiny house where 54-year-old March 11, at Fort Drum, New York. THERS’ WELL-PRACTICED TRADI- Butch Varno lives with his 73-year-old moth- This tragic accident occurred as the TION er, Helen, who never got her driver’s license. unit was conducting a routine training Mr. LEAHY. Mr. President, today I And they literally Pick Up Butch, 5’3’’ and exercise. One of the young men on 170 pounds, right off his bed. want to bring to the Senate’s attention They put him in his wheelchair and push board, Pfc. Stryder O. Stoutenburg, a group of student athletes in Vermont was from Missoula, MT. He was only 18 him out of the house, or one guy hauls him who have an unusual and admirable in a fireman’s carry. They pile him into the and was assigned to Charlie Company, tradition. For the past 42 years, car, cram the wheelchair into the trunk, 4th Battalion, 31st Infantry Regiment. Middlebury College freshman have take him to the game and roll him to his The other 10 young men killed are: helped a Middlebury man with a dis- spot in the mezzanine for football games or Cpt. Christopher E. Britton, 27, from ability make it to football and basket- at the end of the bench for basketball. Ohio, assigned to Headquarters and Butch always smiles and says the same ball games like clockwork. It is an- Headquarters Company, 1st Battalion, thing from the bottom of his heart: ‘‘CP just other example where students’ edu- 10th Aviation Regiment. sucks.’’ Cerebral palsy. While his fondest cation extends far beyond the walls of Chief Warrant Officer 3 Kenneth L. dream has always been to play basketball, a college classroom. Miller, 35, from California, assigned to it’ll never happen. There is little that he can In the March 10, 2003, issue of Sports physically do for himself. Bravo Company, 2nd Battalion, 10th Illustrated, well-known sports col- ‘‘At first, you’re a little nervous; you’re Aviation Regiment. like, I don’t know,’’ says freshman wide re- Staff Sgt. Brian Pavlich, 25, from umnist Rick Reilly took a moment to explain the tradition to his readers. ceiver Ryan Armstrong. ‘‘But the older guys Port Jervis, NY. assigned to Charlie say, ‘We did it when we were freshmen. Now Company, 4th Battalion, 31st Infantry Middlebury College has long been rec- you go get him. It’s tradition.’ So me and my Regiment. ognized as one of the Nation’s finest in- buddy got him the first week. He’s pretty Sgt. John L. Eichenlaub, Jr., 24, from stitutions of higher education. The heavy. We bumped his head a couple of times South Williamsport, PA, assigned to quality of its faculty, the rigors of getting him into the car. He’s like, ‘Hey! Be Charlie Company, 4th Battalion, 31st coursework, stunning facilities, and careful!’ But he loves getting out so much that afterward you feel good. It’s fun to put Infantry Regiment. the success of its athletic programs are the foundation for Middlebury’s storied a smile like that on somebody’s face.’’ Sgt. Joshua M. Harapko, 23, from Pe- And the kids don’t just Pick Up Butch. oria, AZ, assigned to Charlie Company, history and academic reputation. Yet They also Keep Butch Company. Take Butch 4th Battalion, 31st Infantry Regiment. it also is what goes unnoticed that to the Bathroom. Feed Butch. ‘‘He always Spc. Lucas V. Tripp, 23, from Aurora, makes this truly a special place—like a likes a hot dog and a Coke,’’ says 6’8’’ Clark CO, assigned to Bravo Company, 2nd tradition that takes place right before Read, 19, a power forward. ‘‘It’s kind of weird Battalion, 10th Aviation Regiment. the start of every football and basket- at first, sticking a hot dog in his mouth. The Spc. Barry M. Stephens, 20, from ball game. It is a tradition that has trick is to throw out the last bite so he Pinson, AL, assigned to Bravo Com- come to exemplify what it means to be doesn’t get your fingers.’’ Thanks to 42 years of freshmen, Butch pany, 2nd Battalion, 10th Aviation a Middlebury College Panther, a hardly ever misses a Middlebury game. Not Regiment. Vermonter, and a person in full. that he hasn’t been late. Pfc. Shawn A. Mayerscik, 22, from For the past 42 years, the freshman ‘‘One day this year, the two guys were call- Oil City, PA, assigned to Charlie Com- members of the Middlebury College ing me on their cell,’’ says Armstrong, ‘‘and

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3724 CONGRESSIONAL RECORD — SENATE March 13, 2003 they’re going, ‘We can’t find Butch!’ And I’m minister in Jamaica and the Bahamas change the world for the better. In 1965, like, ‘You lost Butch? How can you lose before moving to the U.S. in the 1950s. John was a businessman who volun- Butch?’ Turns out they just couldn’t find his After earning his master’s degree and teered some of his spare time to the St. house.’’ doctorate in ethics from the University Vincent de Paul Society in Phoenix, Nobody at Middlebury remembers quite how Picking Up Butch got started, but Butch of Chicago, Dr. Shaw taught religion AZ. In the course of his volunteer does. It was 1961. He was 13, and his grand- and ethics for 10 years before becoming work, John saw there was a need for mother, a housekeeper at the dorms, wheeled interim dean of the Howard University additional food for the Society’s soup him to a football game. It started snowing Divinity School in Washington D.C. He kitchen. In the course of his work, halfway through, and afterward she couldn’t then served as dean of arts and sciences John met a woman who had to collect push him all the way back home. A student at Morgan State University for 11 food from grocery store garbage bins to named Roger Ralph asked them if they need- years. feed her 10 children. That needy moth- ed a ride. Ever since then, Butch has been Dr. Shaw left his comfortable posi- er told John that there should be a buried in the middle of Middlebury sports. place where surplus food could be Sometimes he gives the basketball team a tion at Morgan to heed an urgent call pregame speech, which is usually, ‘‘I love from Shaw University, the oldest his- stored and available to people who you guys.’’ He holds the game ball during torically black university in the South. needed it, instead of being thrown out warmups and at halftime until the refs need The University had fallen on hard and wasted. As he looked around for it. He is held upright for the national an- times and was in dire financial trouble. ways to better serve the needy people them. Once in a while, just before tip-off, The school had no endowment, there he met, John noticed that fruit was they put him in the middle of the players’ was not enough money to pay day-to- being left unpicked on suburban back- huddle, where they all touch his head and day expenses. Enrollment was down. yard trees around Phoenix. John re- holler, ‘‘One, two, three, together!’’ When cruited volunteers to gather fruit that the action gets tense, the freshmen hold his No one would have blamed him if he hands to keep them from flailing. After the had passed up this challenge. But he remained in area fields after har- games some of the players come back to the didn’t pass it up—he took it on. vesting. He then delivered these much court and help him shuffle a few steps for ex- Rallying students, faculty, and the needed fruits and vegetables to various ercise, until he collapses back in his chair, community with his slogan ‘‘Strides to local churches. With John’s leadership, exhausted. Then it’s home again, Butch Excellence: Why Not the Best,’’ Dr. one of the Nation’s first ‘‘gleaning’’ chirping all the way. Shaw worked tirelessly to turn around projects became a reality. And it’s not just the athletes at the school’s fortunes. And thanks to John recruited the local grocery Middlebury who attend to him. Butch is a his leadership, Shaw University is once stores and asked them to donate sur- campus project. Students come by the house plus food. John also approached his and help him nearly every day. Over the again a shining light. Enrollment is up, years they taught him to read, and then last debts are paid and the endowment is local church, and the church responded year they helped him get his GED. Somebody now $15 million. Seventy percent of the by loaning John $3,000 and an aban- got him a graduation cap and gown to wear faculty have Ph.Ds. Because of his be- doned building. In 1967, John van at the party they threw in his honor. During lief that ‘‘education of the heart is just Hengel founded the world’s first food his thank-you speech, Butch wept. as important as the education of the bank, named St. Mary’s in honor of the ‘‘These kids care what happens to me,’’ heads and hands,’’ he has incorporated church that housed it. Thus was born Butch says. ‘‘They don’t have to, but they values and ethics into the Shaw cur- the first food bank and the concept of do. I don’t know where I’d be without them. food banking—a central source for food Probably in an institution.’’ riculum. Thanks to the efforts of Dr. But that’s not the question. The question Shaw and his outstanding faculty and donations and distribution to a wide is, Where would they be without Butch? staff, Shaw students are receiving an range of local charitable agencies that ‘‘It makes you think,’’ says Armstrong. education second to none. feed the hungry. ‘‘We’re all young athletes. Going to a game Dr. Shaw has also found time to con- After the creation of the St. Mary’s or playing in a game, we take it for granted. tribute to the community. Among Food Bank, John founded Second Har- But then you go Pick Up Butch, and I don’t other things, he serves on the board of vest in 1976. With the help of private know, it makes you feel blessed.’’ the Wade Edwards Learning Labora- donations and State and Federal Now comes the worst time of the year—the grants, John helped to set up and de- months between the end of the basketball tory, an after-school program that my season, last week, and the start of football in wife and I started and has offered in- velop Second Harvest food banks in August. ‘‘It stinks,’’ Butch says. He sits at valuable service to the young people we other nearby communities in Arizona, home lonely day after day, watching nothing serve. California, and other States. The suc- but Boston Red Sox games on TV, waiting We are sorry to see Dr. Shaw leave cess of these new food banks led to Sec- for the calendar pages to turn to the days but we in North Carolina wish him and ond Harvest becoming formally incor- when he can be one, two, three, together his wife, Marlene, many, many years of porated in 1979. Today, it is known as again with the students he loves. happiness and health as they take on America’s Second Harvest, the Na- On that day the door will swing open, and tion’s largest hunger relief charity and standing there, young and strong, will be two future challenges together. freshmen. And, really, just seeing them is In striving for excellence, Dr. Shaw a nationwide network of more than 200 what Picking Up Butch is all about. asked, ‘‘why not the best?’’ Fortu- regional food banks and good rescue organizations that provide food and other f nately, that’s just what he gave us. Thank you, Dr. Shaw, for a job well services to more than 50,000 local chari- ADDITIONAL STATEMENTS done. You are an inspiration to us all.∑ table agencies. f In 1982, John van Hengel stepped down from his full-time role at Second REGARDING THE RETIREMENT OF COMMENDING THE HUMANITARIAN Harvest to pursue his work of spread- TALBERT O. SHAW AS PRESI- WORK OF JOHN VAN HENGEL ing food banking internationally. In DENT OF SHAW UNIVERSITY ∑ Mr. MCCAIN. Mr. President, I rise 1984, John van Hengel founded Food ∑ Mr. EDWARDS. Mr. President, I am today to honor a great American, a Banking, Inc., a nonprofit food bank pleased today to pay tribute to a re- man whose tireless efforts on behalf of consulting organization. John helped markable North Carolinian, Talbert O. needy people everywhere are an inspi- spread the notion of food banking and Shaw. ration to us all. February 21 of this volunteerism in an international ca- Dr. Shaw is retiring this year as year marked the 80th birthday of my pacity, first in Canada through the cre- president of Shaw University after a constituent, John van Hengel, who has ation of the Canadian Association of groundbreaking 15 years in which he become known as the ‘‘Father of Food Food Banks, then to France, and to helped this noble institution regain its Banking.’’ His vision for feeding the Belgium. Today, the Federation of Eu- footing and once again become a bea- hungry and his work making that vi- ropean Food Banks meets regularly to con of knowledge, opportunity and sion a reality has made a tremendous discuss experiences and ways to expand service for the people of North Carolina difference in the lives of millions of the work of its members. Recently, the and beyond. people. idea of food banking has spread to Dr. Shaw was born in Jamaica, the John van Hengel’s work is a testa- Brazil, Israel, Mexico, and Japan. John ninth of 10 children. He served as a ment to the ability of one person to van Hengel’s vision, first articulated

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3725 and acted upon in Phoenix in 1967, is staff. I thank Dr. Ogilvie for his daily on the production of certain semiauto- the first link in an international chain prayers. He offered us spiritual leader- matic assault weapons and high-capac- of food banks and compassion for the ship through his weekly Bible study for ity ammunition magazines. The 1994 neediest among us. Senators, and always made himself law banned a list of 19 specific weapons John van Hengel’s food banking idea available—at any time of the day—as a as well as a number of other weapons is simple, but like all truly great ideas, source of prayer and counsel. Chaplain incorporating certain design character- it took the efforts of one man working Ogilvie also hosted a weekly Bible istics. This law is scheduled to sunset for a lifetime to reach fruition. Be- study for Senate spouses. on September 13, 2004. cause John van Hengel was the need to Chaplain Ogilvie also made himself Last week before the Senate Judici- help hungry people, he created a con- available to staff. He welcomed staff to ary Committee, Attorney General John cept to address that need. Dozens of his office, responded to electronic mail Ashcroft indicated the Bush adminis- countries and millions of people now from staff, and taught an inspirational tration’s support for the current ban on have a powerful weapon against hun- study every Friday for Senate staff. Dr. assault weapons, but refused to support ger. Ogilvie also made an effort to stimu- reauthorization of the ban. I believe we In the wake of his 80th birthday, it is late relationship with the Washington should not only reauthorize this bill, a privilege in honor John van Hengel community. He made information but strengthen it. I hope the Bush Ad- for his noble dedication to feeding the available to staff about opportunities ministration will support reauthoriza- hungry. His vision and leadership con- to serve Washington-based charities, tion. tinue to greatly impact the lives of and he made the Senate aware of Sen- According to National Institute for millions throughout the United States ate and community groups to help Sen- Justice statistics cited by the Brady ∑ and the world. ate staff strengthen their lives morally Campaign to Prevent Gun Violence, f and spiritually. Dr. Ogilvie also offered the assault weapons ban has success- TRIBUTE TO CRAIG STALKER- himself to minister and speak to the fully reduced the use of assault weap- TROOPER OF THE YEAR IN local Washington community. ons in crime. According to the report, SOUTHERN REGION While serving in the Senate, I have crime gun traces for assault weapons been encouraged and blessed by Chap- declined by 20 percent the first year ∑ Mr. BUNNING. Mr. President, I rise lain Ogilvie and I am pleased the Sen- after the ban took effect from 4,077 in today in the Senate to honor and pay ate chose him as our Chaplain. His 1994 to 3,268 in 1995. Comparatively, tribute to Kentucky State Police trace requests on all crime guns de- Trooper Craig Stalker for being named friendship and counsel have served the the Southern Region Trooper of the Senate well and Washington will miss creased by only 11 percent over the Year. his presence. same period of time. This honor was bestowed upon Troop- My wife Joan and I give you and Even with the success of the ban, as- er Stalker by the International Asso- Mary Jane our warmest thoughts and sault weapons still pose a threat to ciation of Chiefs of Police. Trooper our prayers as you return home to community safety. In 1994, every major Stalker was nominated for this pres- California. We will continue to pray for national law enforcement organization, tigious award after he rescued several you and your family. We thank you for including the Fraternal Order of Po- people from two burning cars in John- your service and ministry to us and lice, the National Sheriff’s Association, son County, KY, while off duty. After wish you and your family God’s best.∑ and the Major City Police Chiefs Asso- receiving this distinction he was pre- f ciation, supported the Federal assault sented with a 35-pound eagle trophy. weapons ban. I expect that law enforce- LOCAL LAW ENFORCEMENT ACT ment will again support this important The citizens of eastern Kentucky are OF 2001 fortunate to have Trooper Stalker pro- piece of gun and community safety leg- tecting their communities. His exam- ∑ Mr. SMITH. Mr. President, I rise islation. ple of leadership, hard work, and com- today to speak about the need for hate I urge my colleagues in the Senate passion should be an inspiration to all crimes legislation. In the last Congress and the President to support the reau- throughout the Commonwealth. Senator KENNEDY and I introduced the thorization of this important bill.∑ Congratulations, Trooper Stalker for Local Law Enforcement Act, a bill that f would add new categories to current receiving this award. Trooper Stalker A TRIBUTE TO KENT KRESA is just one of the many Kentucky State hate crimes law, sending a signal that Police officers which put others before violence of any kind is unacceptable in ∑ Mrs. FEINSTEIN. Mr. President, I themselves by vowing to protect and our society. would like to take this opportunity to serve Kentuckians. They have earned I would like to describe a terrible recognize an outstanding leader of our admiration and respect, and for crime that occurred October 20, 2001 in American industry, Kent Kresa, upon this we will always be grateful.∑ San Diego, CA. An Afghani taxicab his retirement. For the past 13 years, Mr. Kresa has presided over Northrop f driver was attacked by one of his pas- sengers. According to police, after get- Grumman Corporation as its chairman IN HONOR OF DR. LLOYD OGILVIE ting in the cab, the passenger asked and CEO. ∑ Mr. ALLARD. Mr. President, since the cab driver for his nationality. After Under his guidance, Northrop Grum- 1995 Dr. Lloyd Ogilvie has provided ex- the driver answered, a heated argu- man grew from a mid-sized defense ceptional spiritual leadership to the ment ensued. When the cab stopped, company known primarily for aircraft Senate family. Serving as chaplain for the passenger got out and put his hands building to a full-spectrum major de- 8 years, Dr. Ogilvie daily guided and around the driver’s throat and struck fense firm. The Northrop Grumman counseled Members and staff with en- him with his fist. that Mr. Kresa refashioned is home to couragement, support, and wisdom. I believe that Government’s first 120,000 employees located in all 50 I will miss Dr. Ogilvie. Lloyd Ogilvie duty is to defend its citizens, to defend States and has operations in 25 foreign has led the Senate family and Nation them against the harms that come out countries. through difficult situations, including of hate. The Local Law Enforcement It is my privilege to commend Mr. the shooting deaths of Capitol Hill po- Enhancement Act is a symbol that can Kresa for a career that helped mod- lice officers J.J. Chestnut and Detec- become substance. I believe that by ernize our defense industrial base and tive John Gibson; the impeachment of passing this legislation and changing that significantly bolstered our na- our President; the deaths of three Sen- current law, we can change hearts and tional security. ate Members, Paul Wellstone, John minds as well.∑ Mr. Kresa was born in New York City Chafee, and Paul Coverdell; the tragic f and raised on Long Island. He received terrorist attack on 9/11; the attack of his education at the Massachusetts In- anthrax on the Senate; and the current REAUTHORIZING THE ASSAULT stitute of Technology, earning a bach- possibility of war. WEAPONS BAN elor’s degree in 1959 and post-graduate His leadership and counsel have ∑ Mr. LEVIN. Mr. President, in 1994 degrees in 1961 and 1966, all in aero- stayed Senate Members, spouses, and President Clinton signed into law a ban nautics and astronautics.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3726 CONGRESSIONAL RECORD — SENATE March 13, 2003 Before joining Northrop Grumman, Within the next few years, he em- the Biltmore Hotel, located in the Mr. Kresa served with the Defense Ad- barked upon a decade-long effort that heart of the capital city of Providence. vanced Research Projects Agency, would not only transform Northrop As a waiter, manager, and director of where he was responsible for applied re- Grumman but also make the company catering service at the Biltmore Hotel search and development programs in a major force in changing the nature of for over five decades, he has become a the tactical and strategic defense the defense business. hallmark of one of Rhode Island’s fin- arena. From 1961–68 he was associated He and his staff foresaw that a post- est institutions. Over his long and in- with the Lincoln Laboratory at M.I.T., cold war defense establishment would dustrious career Jimmy McDonnell has where he worked on ballistic missile require a very different array of prod- attended to the needs of people from all defense research and re-entry tech- ucts and services, that America’s mili- walks of life—from Presidents and for- nology. tary of the future would rely on sys- eign heads of state, to CEOs and politi- During his distinguished career, Mr. tems and integrated networks to tre- cians, to television and movie celeb- Kresa received many of industry’s and mendously enhance the capabilities of rities and even to rock stars. Jimmy the government’s most prestigious its platforms. He worked tirelessly to has been in the center of the Rhode Is- honors. In January, Forbes Magazine help the Department of Defense land restaurant and hotel industry and featured him on their cover and named achieve this vision of interconnected is well known to our community’s Northrop Grumman the Company of platforms working together to greatly most distinguished residents and visi- the Year. In 2002, Mr. Kresa was award- increase the situational awareness and tors. Synonymous with the finest in ed the Ellis Island Medal of Honor for speed of engagement of our military service, Jimmy has, through his profes- his significant contributions to our na- forces. sionalism, skills and graciousness, al- tion’s heritage. He received the Navy To build a company that could better ways put Rhode Island’s best foot for- League’s Admiral Chester W. Nimitz support the new direction of the De- ward and illuminated the kindness and Award for outstanding support of the partment of Defense, Mr. Kresa and his generosity of our great State. U.S. Navy. staff acquired 16 other major firms, In addition to celebrities, he has Also last year, he was named presi- many of them legends in their own touched the lives of virtually hundreds dent for a 1-year term of the American right. These included Grumman, Wes- of Rhode Islanders and their families. Institute of Aeronautics and Astronau- tinghouse, Logicon, Litton Industries, He oversaw countless social events and tics. And he was presented the Cali- Newport News Shipbuilding, and, most charitable endeavors and he was ‘‘the fornia Institute of Technology’s Man- recently, TRW. person’’ to whom you entrusted the de- agement Association’s Excellence in ‘‘This Amalgamation of great compa- tails of your son’s bar mitzvah or who Management Award for demonstrating nies,’’ to quote Mr. Kresa, created a made sure your daughter’s wedding extraordinary vision and leadership. corporate structure that has led to new went according to plan. He helped In 2001, BusinessWeek magazine se- efficiencies and much creative collabo- make cherished memories for so many, lected Mr. Kresa as one of the Nation’s ration. Today, for instance, Navy ships and his good heart and hard work Top 25 managers. That same year he can be built from top to bottom as well footnoted many special events in our received the Private Sector Council’s as networked with other platforms State and in our lives. His exemplary Leadership Award for his commitment simply through the joint efforts of Nor- legacy of service leaves many Rhode Is- to improving governmental efficiency. throp Grumman experts in information landers with fond memories and stories of the man they knew as ‘‘Mr. Bilt- In May 2000, the Aerospace Historical technology, avionics, satellite commu- more.’’ His presence at the Biltmore Society presented Mr. Kresa with the nications and other areas. International von Kμrmμn Wings award Mr. Kresa and was also instrumental will indeed be sorely missed. I ask my colleagues to join me in for his contributions to the industry. in developing and gaining Congres- commending Jimmy McDonnell for his And in March of 2000, the California sional approval for several key plat- many years of service at the Biltmore Manufacturers and Technology Asso- forms that will help form the backbone Hotel, and to the hospitality industry ciation named Mr. Kresa and Northrop of our 21st century military. These in- which makes Rhode Island such a spe- Grumman a Manufacturer of the Cen- clude the Joint Strike Fighter, the cial place to live, work, and visit.∑ tury. DDX family of destroyers, cruisers and Other honors include Honorary Fel- littoral combat ships, and the new gen- f low by the American Institute of Aero- eration of Coast Guard ships and air- MESSAGES FROM THE PRESIDENT nautics and Astronautics in 1998; Cali- craft known as the Deepwater project. Messages from the President of the fornia Industrialist of the Year in 1996, As Mr. Kresa moves on to exciting United States were communicated to by the California Museum of Science new challenges I wish him, his wife the Senate by Ms. Evans, one of his and Industry and the California Mu- Joyce, and their daughter Kiren, every secretaries. seum Foundation; the Navy League of success and happiness. f New York’s Admiral John J. Bergen For more than 42 years, Mr. Kresa Leadership Award in 1995; and the Air has worked relentlessly in pushing for EXECUTIVE MESSAGES REFERRED Force Association’s John R. Alison greater innovation, efficiency and As in executive session the Presiding Award for Industrial Leadership in readiness within our great Nation’s de- Officer laid before the Senate messages 1994. fense establishment. My office will re- from the President of the United During Mr. Kresa’s tenure at member Mr. Kresa for his loyalty, dedi- States submitting sundry nominations DARPA, he received the Arthur D. cated service, and accomplishments— which were referred to the appropriate Flemming Award as one of the top 10 and we thank him.∑ committees. people in the U.S. Government in 1975; f (The nominations received today are the Navy’s Meritorious Public Service printed at the end of the Senate pro- OUTSTANDING RHODE ISLANDER Citation the same year; and Secretary ceedings.) ∑ of Defense Meritorious Civilian Service Mr. REED. Mr. President, I rise to f Medal in 1974. pay tribute to an outstanding Rhode Is- While impressive, this partial list of lander, Jimmy McDonnell, who is cele- 6-MONTH PERIODIC REPORT REL- honors only begins to tell the story of brating his retirement from the Bilt- ATIVE TO THE NATIONAL EMER- Mr. Kresa’s contributions to the de- more Hotel after 45 years of dedicated GENCY WITH RESPECT TO IRAN— fense industry and this country. service. PM 23 After joining Northrop in 1975, he was Since his earnest beginnings in 1948 The PRESIDING OFFICER laid be- responsible for innovations in stealth as a busboy in the Town Room Res- fore the Senate the following message and surveillance aircraft, such as the taurant, Jimmy McDonnell has exem- from the President of the United revolutionary B–2 stealth bomber. He plified great professionalism, boundless States, together with an accompanying was named president of the company in enthusiasm, and is today an institution report; which was referred to the Com- 1987, and CEO and chairman of the in Rhode Island’s hospitality industry. mittee on Banking, Housing, and board in 1990. Jimmy McDonnell is synonymous with Urban Affairs:

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3727 To the Congress of the United States: Mr. Hays, one of its reading clerks, an- H.R. 389. An act to authorize the use of cer- As required by section 401(c) of the nounced that the House has passed the tain grant funds to establish an information National Emergencies Act, 50 U.S.C. following bills, in which it requests the clearinghouse that provides information to 1641(c), section 204(c) of the Inter- concurrence of the Senate: increase public access to defibrillation in national Emergency Economic Powers schools; to the Committee on Health, Edu- H.R. 342. An act to authorize grants cation, Labor, and Pensions. Act, 50 U.S.C. 1703(c), and section 505(c) through the Centers for Disease Control and H.R. 399. An act to amend the Public of the International Security and De- Prevention for mosquito control programs to Health Service Act to promote organ dona- velopment Cooperation Act of 1985, 22 prevent mosquito-borne diseases, and for tion; to the Committee on Health, Edu- other purposes. cation, Labor, and Pensions. U.S.C. 2349aa–9(c), I am transmitting a H.R. 389. An act to authorize the use of cer- H.R. 659. An act to amend section 242 of the 6-month periodic report prepared by tain grant funds to establish an information my Administration on the national clearinghouse that provides information to National Housing Act regarding the require- emergency with respect to Iran that increase public access to defibrillation in ments for mortgage insurance under such was declared in Executive Order 12957 schools. Act for hospitals; to the Committee on Banking, Housing, and Urban Affairs. of March 15, 1995. H.R. 399. An act to amend the Public Health Service Act to promote organ dona- H.R. 663. An act to amend title IX of the GEORGE W. BUSH. tion. Public Health Service Act to provide for the THE WHITE HOUSE, March 12, 2003. H.R. 659. An act to amend section 242 of the improvement of patient safety and to reduce f National Housing Act regarding the require- the incidence of events that adversely affect patient safety, and for other purposes; to the NOTICE STATING THAT THE EMER- ments for mortgage insurance under such Act for hospitals. Committee on Health, Education, Labor, and GENCY DECLARED WITH RE- H.R. 663. An act to amend title IX of the Pensions. SPECT TO THE GOVERNMENT OF Public Health Service Act to provide for the f IRAN IS TO CONTINUE BEYOND improvement of patient safety and to reduce MARCH 15, 2003—PM 24 the incidence of events that adversely affect MEASURE PLACED ON THE CALENDAR The PRESIDING OFFICER laid be- patient safety, and for other purposes. fore the Senate the following message The message also announced that the The following bill was read the sec- from the President of the United House has agreed to the following con- ond time, and placed on the calendar: States, together with an accompanying current resolution, in which it requests S. 607. A bill to improve patient access to report; which was referred to the Com- the concurrence of the Senate: health care services and provide improved mittee on Banking, Housing, and H. Con. Res. 85. Concurrent resolution ex- medical care by reducing the excessive bur- Urban Affairs: pressing the sense of Congress with regard to den the liability system places on the health the need for improved fire safety in nonresi- care delivery system. To the Congress of the United States: dential buildings in the aftermath of the f Section 202(d) of the National Emer- tragic fire on February 20, 2003, at a night- gencies Act, 50 U.S.C. 1622(d)) provides club in West Warwick, Rhode Island. MEASURE HELD AT THE DESK for the automatic termination of a na- The message further announced that The following measure was ordered tional emergency unless, prior to the pursuant to 15 U.S.C. 1024(a), and the held at the desk until the close of busi- anniversary date of its declaration, the order of the House of January 8, 2003, ness March 19, 2003, by unanimous con- President publishes in the Federal Reg- the Speaker appoints the following sent: ister and transmits to the Congress a Members of the House of Representa- S. 628. A bill to require the construction at notice stating that the emergency is to tives to the Joint Economic Com- Arlington National Cemetery of a memorial continue in effect beyond the anniver- mittee: Mr. STARK of California, Mrs. to the crew of the Columbia Orbiter. sary date. In accordance with this pro- MALONEY of New York; Mr. WATT of f vision, I have sent the enclosed notice, North Carolina; and Mr. HILL of Indi- stating that the Iran emergency is to ana. EXECUTIVE AND OTHER continue in effect beyond March 15, The message also announced that COMMUNICATIONS 2003, to the Federal Register for publica- pursuant to section 161(a) of the Trade The following communications were tion. The most recent notice con- Act of 1974 (19 U.S.C. 2211), and the laid before the Senate, together with tinuing this emergency was published order of the House of January 8, 2003, accompanying papers, reports, and doc- in the Federal Register on March 14, 2002 the Speaker appoints the following uments, which were referred as indi- (67 FR 11553). Members of the House of Representa- cated: The crisis between the United States tives as Congressional Advisors on EC–1576. A communication from the Con- and Iran constituted by the actions and Trade Policy and Negotiations during gressional Review Coordinator, Animal and policies of the Government of Iran, in- the first session of the One Hundred Plant Health Inspection Service, Department cluding its support for international Eighth Congress: Mr. THOMAS of Cali- of Agriculture, transmitting, pursuant to terrorism, efforts to undermine Middle fornia; Mr. CRANE of Illinois, Mr. SHAW law, the report of a rule entitled ‘‘Unshu Or- anges from Honshu Island, Japan (Doc. No. East peace, and acquisition of weapons of Florida, Mr. RANGEL of New York; 02–108–1)’’ received on March 12, 2003; to the of mass destruction and the means to and Mr. LEVIN of Michigan. Committee on Agriculture, Nutrition, and delivery them, that led to the declara- At 5:50 p.m., a message from the Forestry. tion of a national emergency on March House of Representatives, delivered by EC–1577. A communication from the Under 15, 1995, has not been resolved. These Mr. Hays, one of its reading clerks, an- Secretary of Defense, Personnel and Readi- actions and policies are contrary to the nounced that the House has passed the ness, Department of Defense, transmitting, interests of the United States in the re- following bill, in which it requests the pursuant to law, the Montgomery GI Bill gion and pose a continuing unusual and concurrence of the Senate: (MGIB) Biennial Report to Congress, re- extraordinary threat to the national H.R. 5. An act to improve patient access to ceived on March 12, 2003; to the Committee on Armed Services. security, foreign policy, and economy health care services and provide improved medical care by reducing the excessive bur- EC–1578. A communication from the Assist- of the United States. For these rea- ant Legal Adviser for Treaty Affairs, Depart- sons, I have determined that it is nec- den the liability system places on the health care delivery system. ment of State, transmitting, pursuant to essary to continue the national emer- law, the report relative to international gency declared with respect to Iran and f agreements other than treaties entered into maintain in force comprehensive sanc- MEASURES REFERRED by the United States under the Case-Za- blocki Act with Japan, Greece, France and tions against Iran to respond to this The following bills were read the first threat. Uzbekistan, received on March 12, 2003; to and the second times by unanimous the Committee on Foreign Relations. GEORGE W. BUSH. consent, and referred as indicated: EC–1579. A communication from the Pro- THE WHITE HOUSE, March 12, 2003. H.R. 342. An act to authorize grants gram Analyst, Federal Aviation Administra- f through the Centers for Disease Control and tion, Department of Transportation, trans- MESSAGES FROM THE HOUSE Prevention for mosquito control programs to mitting, pursuant to law, the report of a rule prevent mosquito-borne diseases, and for entitled ‘‘Airworthiness Directives: General At 11:55 a.m., a message from the other purposes; to the Committee on Health, Electric Company CF6–50 and CF6–80C2 Tur- House of Representatives, delivered by Education, Labor, and Pensions. bofan Engines; Docket No. 2001–NE–19 (2120–

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3728 CONGRESSIONAL RECORD — SENATE March 13, 2003 AA64) (2003–0147)’’ received on March 12, 2003; mitting, pursuant to law, the report of a rule EC–1597. A communication from the Senior to the Committee on Commerce, Science, entitled ‘‘Airworthiness Directives: Robinson Legal Advisor to the Bureau Chief, Media and Transportation. Helicopter Company Model R22 Helicopter; Bureau, Federal Communication Commis- EC–1580. A communication from the Pro- Docket no. 2001–SW–44 (2120–AA64) (2003– sion, transmitting, pursuant to law, the re- gram Analyst, Federal Aviation Administra- 0139)’’ received on March 12, 2003; to the Com- port of a rule entitled ‘‘Amendment of Sec- tion, Department of Transportation, trans- mittee on Commerce, Science, and Transpor- tion 73.202(b), Table of Allotments, FM mitting, pursuant to law, the report of a rule tation. Broadcast Stations (Junction, Texas; Chino entitled ‘‘Airworthiness Directives: Boeing EC–1589. A communication from the Pro- Valley, Arizona; Arkadelphia, Arkansas; Model 767–00 Series Airplanes Modified by gram Analyst, Federal Aviation Administra- Aspermont, Texas; Cotulla Texas) (MM Supplemental Type Certificate STO169AT–D tion, Department of Transportation, trans- Docket Nos. 01–263, 01–264, 01–265, 01266, 01– Docket No. 2002–NM–56 [1–13/3–10] (2120–AA64) mitting, pursuant to law, the report of a rule 267)’’ received on March 12, 2003; to the Com- (2003–0131)’’ received on March 12, 2003; to the entitled ‘‘Airworthiness Directives: Robinson mittee on Commerce, Science, and Transpor- Committee on Commerce, Science, and Helicopter Company Model R44 Helicopters; tation. Transportation. Docket no. 2001–SW–45 (2120–AA64) (2003– EC–1598. A communication from the Senior EC–1581. A communication from the Pro- 0140)’’ received on March 12, 2003; to the Com- Legal Advisor to the Bureau Chief, Media gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- Bureau, Federal Communication Commis- tion, Department of Transportation, trans- tation. sion, transmitting, pursuant to law, the re- mitting, pursuant to law, the report of a rule EC–1590. A communication from the Pro- port of a rule entitled ‘‘Amendment of Sec- entitled ‘‘Airworthiness Directives: gram Analyst, Federal Aviation Administra- tion 73.202(b), Table of Allotments, FM Raytheon Model Hawker 800 XP Airplanes; tion, Department of Transportation, trans- Broadcast Stations Balmorhea, Texas (MB Docket no. 2001–NM–315 [1–13/3–10] (2120– mitting, pursuant to law, the report of a rule Docket No. 02–15, RM–10463)’’ received on AA64) (2003–0132)’’ received on March 12, 2003; entitled ‘‘Airworthiness Directives: March 12, 2003; to the Committee on Com- to the Committee on Commerce, Science, PIAGGIO AERO Industries SpA Model 180 merce, Science, and Transportation. and Transportation. Airplanes; Docket No. 2002–CE–47 (2120–AA64) EC–1599. A communication from the Senior EC–1582. A communication from the Pro- (2003–0141)’’ received on March 12, 2003; to the Legal Advisor to the Bureau Chief, Media gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and Bureau, Federal Communication Commis- tion, Department of Transportation, trans- Transportation. sion, transmitting, pursuant to law, the re- mitting, pursuant to law, the report of a rule EC–1591. A communication from the Pro- port of a rule entitled ‘‘Amendment of Sec- entitled ‘‘Airworthiness Directives: Honey gram Analyst, Federal Aviation Administra- tion 73.202(b), Table of Allotments, FM International Inc. ALF5021L–2, –2C, tion, Department of Transportation, trans- Broadcast Stations Snyder, Littltfield, ALF502R–3 and –3 and –3A Series Turbofan mitting, pursuant to law, the report of a rule Wolfforth and Floydada, Texas and Hobbs, Engines; Docket no. 2002–NE–24 [1–15/3–10] entitled ‘‘Airworthiness Directives: APEX New Mexico (MM Docket No. 01–144; RM– (2120–AA64) (2003–0133)’’ received on March 12, Aircraft Model CAP 10 B Airplanes; Docket 10406, RM–10340)’’ received on March 12, 2003; 2003; to the Committee on Commerce, no. 2002–CE–04 (2120–AA64) (2003–0142)’’ re- to the Committee on Commerce, Science, ceived on March 12, 2003; to the Committee Science, and Transportation. and Transportation. EC–1583. A communication from the Pro- on Commerce, Science, and Transportation. EC–1600. A communication from the Dep- EC–1592. A communication from the Pro- gram Analyst, Federal Aviation Administra- uty Chief, Policy Division, Wireless Tele- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- communications Bureau, Federal Commu- tion, Department of Transportation, transmitting, pursuant to law, the report of a rule nications Commission, transmitting, pursu- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Hartzell ant to law, the report of a rule entitled ‘‘Re- entitled ‘‘Airworthiness Directives: British Propeller Inc. Model HC C2YR–4CF Propel- vision of the Commission’s Rules to Ensure Aerospace Model HP 137 Jetstream Mk I Jet- lers; docket no. 2001–NE–48 [2–4/3–10] (2120– Compatibility with Enhanced 911 Calling stream Series 200, 3101, and 3201 Airplanes; AA64) (2003–0134)’’ received on March 12, 2003; Systems; Petition of City of Richardson, Docket No. 2002–CE–14 (2120–AA64) (2003– to the Committee on Commerce, Science, Texas: Order of Reconsideration (FCC 02–318; 0143)’’ received on March 12, 2003; to the Com- and Transportation. mittee on Commerce, Science, and Transpor- CC Docket 94–102)’’ received on March 12, EC–1584. A communication from the Pro- tation. 2003; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- EC–1593. A communication from the Pro- Science, and Transportation. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–1601. A communication from the Attor- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- ney/Advisor, Wireless Telecommunications entitled ‘‘Airworthiness Directives: Dornier mitting, pursuant to law, the report of a rule Bureau, Federal Communications Commis- Model 328–100 and –300 Series Airplanes; entitled ‘‘Airworthiness Directives SCATA sion, transmitting, pursuant to law, the re- docket no. 2002–NM–140 [2–5/3–10] (2120–AA64) Griyoe AEROSOATUAKE Nideks TB 8m 10, port of a rule entitled ‘‘Amendments to (2003–0135)’’ received on March 12, 2003; to the 20, 21, and 200 Airplanes Docket no. 2002–CE– Parts 1, 2, 27 and 90 of the Commission’s Committee on Commerce, Science, and 43 (2120–AA64) (2003–0144)’’ received on March Rules to License Services in the 216–220 MHz, Transportation. 12, 2003; to the Committee on Commerce, 1390–1395 MHz, 1427–1429 MHz, 1429–1432 MHz, EC–1585. A communication from the Pro- Science, and Transportation. 1432—1435 MHz, 1670–1675 MHz, and 2385–2390 gram Analyst, Federal Aviation Administra- EC–1594. A communication from the Pro- MHz Governments Transfer Bands (WT tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Docket No. 02–8, FCC 02–152)’’ received on mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- March 12, 2003; to the Committee on Com- entitled ‘‘Airworthiness Directives: mitting, pursuant to law, the report of a rule merce, Science, and Transportation. PIAGGIO AERO INDUSTRIES SpA Model P entitled ‘‘Airworthiness Directives: Various EC–1602. A communication from the Acting 180 Airplanes; Docket no. 2002–CE–46 [2–5/3– Aircraft Equipped with Honeywell Primus II Principal Deputy Associate Administrator, 10] (2120–AA64) (2003–0136)’’ received on March RNZ 850–851 Intergrated Navigation Unites; Environmental Protection Agency, transmit- 12, 2003; to the Committee on Commerce, Docket No. 2003–NM–41 (2120–AA64) (2003– ting, pursuant to law, the report of a rule en- Science, and Transportation. 0145)’’ received on March 12, 2003; to the Com- titled ‘‘Virginia: Final Authorization of EC–1586. A communication from the Pro- mittee on Commerce, Science, and Transpor- State Hazardous Waste Management Pro- gram Analyst, Federal Aviation Administra- tation. gram Revisions (FRL 7465–8)’’ received on tion, Department of Transportation, trans- EC–1595. A communication from the Senior March 12, 2003; to the Committee on Environ- mitting, pursuant to law, the report of a rule Legal Advisor to the Bureau Chief, Media ment and Public Works. entitled ‘‘Airworthiness Directives: Boeing Bureau, Federal Communication Commis- EC–1603. A communication from the Acting Model 737–600, 700, 700C, 800, and 900 Series sion, transmitting, pursuant to law, the re- Principal Deputy Associate Administrator, Airplanes; Docket no. 2002–NM–240 (2120– port of a rule entitled ‘‘Amendment of Sec- Environmental Protection Agency, transmit- AA64) (2003–0137)’’ received on March 12, 2003; tion 73.202(b), Table of Allotments, FM ting, pursuant to law, the report of a rule en- to the Committee on Commerce, Science, Broadcast Stations, (Shelbyville and Las titled ‘‘National Emission Standards for Haz- and Transportation. Vergne, Tennessee (MM Docket No. 01–224)’’ ardous Air Pollutants: Surfact Coating of EC–1587. A communication from the Pro- received on March 12, 2003; to the Committee Metal Coil (FRL 7467–1)’’ received on March gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. 12, 2003; to the Committee on Environment tion, Department of Transportation, trans- EC–1596. A communication from the Senior and Public Works. mitting, pursuant to law, the report of a rule Legal Advisor to the Bureau Chief, Media EC–1604. A communication from the Acting entitled ‘‘Airworthiness Directives: Hartzell Bureau, Federal Communication Commis- Principal Deputy Associate Administrator, Propeller, INC, Model HD E6C 3B/E13890K sion, transmitting, pursuant to law, the re- Environmental Protection Agency, transmit- Propellers; Docket no. 2000–NE–45 (2120– port of a rule entitled ‘‘Amendment of Sec- ting, pursuant to law, the report of a rule en- AA64) (2003–0138)’’ received on March 12, 2003; tion 73.202(b), Table of Allotments, FM titled ‘‘Approval and Promulgation of Air to the Committee on Commerce, Science, Broadcast Stations Shafter and Quality Implementation Plans; Mississippi and Transportation. Buttonwillow, California (MM Docket No. 02– Update, to Materials Incorporated by Ref- EC–1588. A communication from the Pro- 58)’’ received on March 12, 2003; to the Com- erence (FRL 7445–5)’’ received on March 12, gram Analyst, Federal Aviation Administra- mittee on Commerce, Science, and Transpor- 2003; to the Committee on Environment and tion, Department of Transportation, trans- tation. Public Works.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3729 EC–1605. A communication from the Acting Mr. MCCAIN. Mr. President, for the ject to the nominee’s commitment to Principal Deputy Associate Administrator, Committee on Commerce, Science, and respond to requests to appear and tes- Environmental Protection Agency, transmit- Transportation I report favorably the tify before any duly constituted com- ting, pursuant to law, the report of a rule en- mittee of the Senate. titled ‘‘Approval and Promulgation of Imple- following nomination lists which were mentation Plans; State of Missouri (FRL printed in the RECORD on the dates in- (Nominations without an asterisk 7467-4)’’ received on March 12, 2003; to the dicated, and ask unanimous consent, to were reported with the recommenda- Committee on Environment and Public save the expense of reprinting on the tion that they be confirmed.) Works. Executive Calendar that these nomina- The following executive reports of EC–1606. A communication from the Acting tions lie at the Secretary’s desk for the treaties were submitted: Principal Deputy Associate Administrator, By Mr. LUGAR, from the Committee on Environmental Protection Agency, transmit- information of Senators. The PRESIDING OFFICER. Without Foreign Relations: ting, pursuant to law, the report of a rule en- [Treaty Doc. 107–19 Tax Convention with titled ‘‘Approval and Promulgation of State objection, it is so ordered. the United Kingdom (Exec. Rept. No. 108–2)] Plans for Designated Facilities; New York Coast Guard nominations beginning Chris- TEXT OF COMMITTEE RECOMMENDED (FRL 7464-8)’’ received on March 12, 2003; to tine K. Alexander and ending Adam M. Zie- RESOLUTION OF RATIFICATION the Committee on Environment and Public gler, which nominations were received by the Works. Senate and appeared in the Congressional Resolved (two-thirds of the Senators present EC–1607. A communication from the Acting Record on January 28, 2003. concurring therein), That the Senate advise and consent to the ratification of the Con- Principal Deputy Associate Administrator, Coast Guard nominations beginning Diane vention between the Government of the Environmental Protection Agency, transmit- J. Hauser and ending Lisa H. Degroot, which United States of America and the Govern- ting, pursuant to law, the report of a rule en- nominations were received by the Senate and titled ‘‘Historic Area Remediation Site ment of the United Kingdom of Great Britain appeared in the Congressional Record on (HARS)-Specific Polychlorinated Bipheny and Northern Ireland for the Avoidance of January 28, 2003. Worm Tissue Criteria (FRL 7467-6)’’ received Double Taxation and the Prevention of Fis- Coast Guard nomination of Scott Aten. on March 12, 2003; to the Committee on Envi- cal Evasion with Respect to Taxes on Income Coast Guard nominations beginning Paul ronment and Public Works. and on Capital Gains, signed at London on EC–1608. A communication from the Chair- S. Szwed and ending Darell Singleterry, July 24, 2001, together with an Exchange of man, Defense Nuclear Facilities Safety which nominations were received by the Sen- Notes, as amended by the Protocol signed at Board, transmitting, pursuant to law, the ate and appeared in the Congressional Washington on July 19, 2002 (Treaty Doc. 107– Thirteenth Annual Report to Congress rel- Record on February 25, 2003. 19). ative to the Health and Safety activities re- Coast Guard nomination of John P. Nolan. [Treaty Doc. 107–20 Protocol Amending Tax lating to the Department of Energy’s De- Coast Guard nomination of Christy L. Convention with Australia (Exec. Rept. No. fense nuclear facilities during calendar year Howard. 108–3)] 2002, received on March 12, 2003; to the Com- Coast Guard nominations beginning Bruce E. Graham and ending Bradford W. TEXT OF COMMITTEE RECOMMENDED mittee on Governmental Affairs. RESOLUTION OF RATIFICATION EC–1609. A communication from the Direc- Youngkin, which nominations were received tor, Office of Federal Housing Enterprise by the Senate and appeared in the Congres- Resolved (two-thirds of the Senators present concurring therein), That the Senate advise Oversight (OFHEO), transmitting, pursuant sional Record on March 11, 2003. and consent to the ratification of the Pro- to law, the OFHEO’s Fiscal Year 2002 Per- By Mr. MCCAIN for the Committee on tocol Amending the Convention Between the formance Report, received on March 12, 2003; Commerce, Science, and Transportation. Government of the United States of America to the Committee on Governmental Affairs. *Ellen G. Engleman, of Indiana, to be EC–1610. A communication from the Direc- Chairman of the National Transportation and the Government of Australia for the tor, Office of Management, Budget and Eval- Safety Board for a term of two years. Avoidance of Double Taxation and the Pre- uation/Chief Financial Officer, transmitting, *Ellen G. Engleman, of Indiana, to be a vention of Fiscal Evasion with Respect to Taxes on Income, signed at Canberra on Sep- pursuant to law, the report relative to the Member of the National Transportation tember 27, 2001 (Treaty Doc. 107–20). Department of Energy’s annual list of Gov- Safety Board for a term expiring December ernment activities that are not inherently 31, 2007. [Treaty Doc. 108–3 Protocol Amending Tax governmental in nature, after review and *Richard F. Healing, of Virginia, to be a Convention with Mexico (Exec. Rept. No. consultation with the Office of Management Member of the National Transportation 108–4)] and Budget (OMB); to the Committee on Safety Board for a term expiring December TEXT OF COMMITTEE RECOMMENDED Governmental Affairs. 31, 2006. RESOLUTION OF RATIFICATION EC–1611. A communication from the Spe- *Mark V. Rosenker, of Maryland, to be a Resolved (two-thirds of the Senators present cial Counsel, Office of the Special Counsel, Member of the National Transportation concurring therein), That the Senate advise transmitting, pursuant to law, the Annual Safety Board for the remainder of the term and consent to the ratification of the Second Report of the Office of Special Counsel for expiring December 31, 2005. Additional Protocol That Modifies the Con- Fiscal Year 2002, received on March 12, 2003; *Charles E. McQueary, of North Carolina, vention Between the Government of the to the Committee on Governmental Affairs. to be Under Secretary for Science and Tech- United States of America and the Govern- f nology, Department of Homeland Security. ment of the United Mexican States for the *Jeffrey Shane, of the District of Colum- Avoidance of Double Taxation and the Pre- PETITIONS AND MEMORIALS bia, to be Under Secretary of Transportation vention of Fiscal Evasion with Respect to The following petitions and memo- for Policy. Taxes on Income, signed at Mexico City on rials were laid before the Senate and *Emil H. Frankel, of Connecticut, to be an November 26, 2002 (Treaty Doc. 108–3). were referred or ordered to lie on the Assistant Secretary of Transportation. f table as indicated: *Robert A. Sturgell, of Maryland, to be Deputy Administrator of the Federal Avia- INTRODUCTION OF BILLS AND POM–64. A resolution adopted by the City tion Administration. JOINT RESOLUTIONS of Warren, State of Michigan relative to solid waste; to the Committee on Environ- Mr. LUGAR. Mr. President, for the The following bills and joint resolu- ment and Public Works. Committee on Foreign Relations I re- tions were introduced, read the first POM–65. A resolution adopted by the Town port favorably the following nomina- and second times by unanimous con- of New Castle, State of New York relative to tion list which was printed in the sent, and referred as indicated: the decomissioning of the Indian Point By Mr. VOINOVICH: Power Plants; to the Committee on Environ- RECORD on the date indicated, and ask unanimous consent, to save the ex- S. 610. A bill to amend the provisions of ment and Public Works. title 5, United States Code, to provide for POM–66. A resolution adopted by Urbana pense of reprinting on the Executive workforce flexibilities and certain Federal City Council, State of Illinois relative to op- Calendar that this nomination lie at personnel provisions relating to the National position to a war against Iraq; to the Com- the Secretary’s desk for the informa- Aeronautics and Space Administration, and mittee on Foreign Relations. tion of Senators. POM–67. A resolution adopted by the Town for other purposes; to the Committee on of Mansfield, State of Connecticut relative The PRESIDING OFFICER. Without Governmental Affairs. to opposition to the war against Iraq; to the objection, it is so ordered. By Mr. REID (for himself, Mr. ENSIGN, Committee of Foreign Relations. *Foreign Service nominations beginning Mr. ALLARD, Mr. MILLER, and Mr. Lyle J. Sebranek and ending Margaret K. CRAPO): f S. 611. A bill to amend the Internal Rev- Ting, which nominations were received by enue Code of 1986 to treat gold, silver, and EXECUTIVE REPORTS OF the Senate and appeared in the Congres- platinum, in either coin or bar form, in the COMMITTEES sional Record on January 28, 2003. same manner as stocks and bonds for pur- The following executive reports of *Nomination was reported with rec- poses of the maximum capital gains rate for committees were submitted: ommendation that it be confirmed sub- individuals; to the Committee on Finance.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3730 CONGRESSIONAL RECORD — SENATE March 13, 2003 By Mr. BENNETT: to use allotments under the State children’s SUBMISSION OF CONCURRENT AND S. 612. A bill to revise the boundary of the health insurance program for expenditures SENATE RESOLUTIONS Glen Canyon National Recreation Area in under the medicaid program; to the Com- the States of Utah and Arizona; to the Com- mittee on Finance. The following concurrent resolutions mittee on Energy and Natural Resources. By Mr. GRASSLEY (for himself, Mr. and Senate resolutions were read, and By Mr. CAMPBELL (for himself and KENNEDY, Mr. BAUCUS, Ms. SNOWE, referred (or acted upon), as indicated: Mr. ALLARD): Mr. DASCHLE, Mr. SMITH, Mr. KERRY, S. 613. A bill to authorize the Secretary of By Mr. FRIST (for himself and Mr. Mr. THOMAS, Mr. BINGAMAN, Mr. BUN- DASCHLE): Veterans Affairs to construct, lease, or mod- NING, Mr. ROCKEFELLER, Mrs. LIN- S. Res. 83. A resolution commending the ify major medical facilities at the site of the COLN, Mr. JEFFORDS, Mr. ENZI, Mr. service of Dr. Lloyd J. Ogilvie, the Chaplain former Fitzsimons Army Medical Center, SARBANES, Mr. DOMENICI, Mr. JOHN- Aurora, Colorado; to the Committee on Vet- of the United States Senate; considered and SON, Mr. ENSIGN, Mrs. MURRAY, Mr. erans’ Affairs. agreed to. HOLLINGS, Ms. STABENOW, Mr. By Ms. SNOWE (for herself, Mr. ROCKE- By Mr. LOTT (for himself and Mr. CORZINE, Mr. BENNETT, Mr. SCHUMER, FELLER, Mr. DEWINE, Mr. DODD, Ms. DODD): Mr. WARNER, Mr. REID, Mr. DEWINE, COLLINS, Ms. CANTWELL, Ms. LAN- S. Res. 84. A resolution providing for mem- Mr. REED, Ms. COLLINS, Mr. MILLER, DRIEU, Mrs. LINCOLN, and Mr. BINGA- bers on the part of the Senate of the Joint Mr. LUGAR, Mr. LIEBERMAN, Mr. MAN): Committee on Printing and the Joint Com- LEAHY, Mr. CHAFEE, Mr. KOHL, Mr. S. 614. A bill to amend part B of title IV of mittee of Congress on the Library; consid- GRAHAM of South Carolina, Mr. the Social Security Act to create a grant ered and agreed to. EDWARDS, Mr. MCCAIN, Mr. DORGAN, program to promote joint activities among By Mr. MILLER: Mr. ROBERTS, Mr. DODD, Mr. DAYTON, Federal, State, and local public child welfare Ms. CANTWELL, Mr. BREAUX, Mr. S. Res. 85. A resolution to amend para- and alcohol and drug abuse prevention and graph 2 of rule XXII of the Standing Rules of treatment agencies; to the Committee on Fi- BIDEN, Ms. MIKULSKI, Mr. LEVIN, Ms. LANDRIEU, Mr. INOUYE, Mr. HARKIN, the Senate; to the Committee on Rules and nance. Administration. By Mr. SANTORUM (for himself and Mr. DURBIN, Mrs. CLINTON, Mrs. BOXER, Mr. BAYH, and Mr. AKAKA): By Mr. FRIST (for himself and Mr. Mr. SPECTER): DASCHLE): S. 622. A bill to amend title XIX of the So- S. 615. A bill to name the Department of S. Res. 86. A resolution to authorize testi- Veterans Affairs outpatient clinic in cial Security Act to provide families of dis- mony and legal representation in W. Curtis Horsham, Pennsylvania, as the ‘‘Victor J. abled children with the opportunity to pur- Shain v. Hunter Bates, et al; considered and Saracini Department of Veterans Affairs chase coverage under the medicaid program agreed to. Outpatient Clinic’’; to the Committee on for such children, and for other purposes; to By Mr. NELSON of Florida (for him- Veterans’ Affairs. the Committee on Finance. self, Mr. GRAHAM of Florida, Mr. By Ms. COLLINS (for herself, Mr. JEF- By Mr. WARNER (for himself and Ms. INHOFE, Mr. JEFFORDS, Mr. DASCHLE, FORDS, Mr. CHAFEE, Mr. KERRY, Mrs. COLLINS): Mr. CRAPO, Mr. KERRY, Ms. CANT- HUTCHISON, Mr. REED, Mr. LIEBER- S. 623. A bill to amend the Internal Rev- WELL, Mr. LIEBERMAN, Mr. BINGAMAN, MAN, Mr. VOINOVICH, Mr. DORGAN, and enue Code of 1986 to allow Federal civilian Mr. WARNER, Mrs. MURRAY, Mrs. Mr. LEAHY): and military retirees to pay health insurance S. 616. A bill to amend the Solid Waste Dis- HUTCHISON, Ms. MIKULSKI, Mr. SAR- premiums on a pretax basis and to allow a posal Act to reduce the quantity of mercury BANES, Mr. LAUTENBERG, Mr. CHAFEE, deduction for TRICARE supplemental pre- in the environment by limiting the use of Mr. DURBIN, Mr. LEAHY, Mr. LEVIN, miums; to the Committee on Finance. mercury fever thermometers and improving Mr. HARKIN, Mr. VOINOVICH, Mr. HOL- By Mr. BAUCUS (for himself and Mr. the collection and proper management of LINGS, Mrs. BOXER, Mrs. FEINSTEIN, LEVIN): mercury, and for other purposes; to the Com- Mr. AKAKA, Mr. CONRAD, Mr. ALLARD, mittee on Environment and Public Works. S. 624. A bill to authorize the extension of Mr. DODD, and Mr. EDWARDS): By Mr. LIEBERMAN (for himself, Mr. nondiscriminatory treatment (normal trade S. Res. 87. A resolution commemorating FEINGOLD, Mr. DASCHLE, Mr. DURBIN, relations treatment) to the products of the the Centennial Anniversary of the National Ms. MIKULSKI, Mr. SCHUMER, Mr. Russian Federation, and for other purposes; Wildlife Refuge System; considered and KENNEDY, Mr. DODD, Ms. LANDRIEU, to the Committee on Finance. agreed to. and Mr. KERRY): By Mr. SMITH (for himself and Mr. By Mr. HATCH: S. 617. A bill to provide for full voting rep- WYDEN): S. Res. 88. A resolution honoring the 80th resentation in Congress for the citizens of S. 625. A bill to authorize the Bureau of birthday of James L. Buckley, former United the District of Columbia, and for other pur- Reclamation to conduct certain feasibility States Senator for the state of New York; poses; to the Committee on Governmental studies in the Tualatin River Basin in Or- considered and agreed to. Affairs. egon, and for other purposes; to the Com- By Mr. DAYTON (for himself and Mr. By Mr. REID (for himself and Mr. EN- mittee on Energy and Natural Resources. COLEMAN): SIGN): By Mr. SANTORUM (for himself and S. Res. 89. A resolution honoring the life of S. 618. A bill to provide for the use and dis- Mr. MILLER): former Governor of Minnesota Orville L. tribution of the funds awarded to the West- Freeman, and expressing the deepest condo- ern Shoshone identifiable group under Indian S. 626. A bill to reduce the amount of paperwork for special education teachers, to lences of the Senate to his family on his Claims Commission Docket Numbers 326–A– death; considered and agreed to. 1, 326–A–3, 326–K, and for other purposes; to make mediation mandatory for all legal disputes related to individualized education By Mr. LOTT (for himself and Mr. the Committee on Indian Affairs. ODD): programs, and for other purposes; to the D By Mr. SCHUMER (for himself and S. Con. Res. 20. A concurrent resolution Mrs. CLINTON): Committee on Health, Education, Labor, and Pensions. permitting the Chairman of the Committee S. 619. A bill to provide for the transfer to on Rules and Administration of the Senate the Secretary of Energy of title to, and full By Mr. KYL (for himself, Mr. SHELBY, to designate another member of the Com- responsibility for the possession, transpor- and Mrs. FEINSTEIN): mittee to serve on the Joint Committee on tation, and disposal of, radioactive waste as- S. 627. A bill to prevent the use of certain Printing in place of the Chairman; consid- sociated with the West Valley Demonstra- payments instruments, credit cards, and ered and agreed to. tion project, and for other purposes; to the fund transfers for unlawful Internet gam- By Mr. BUNNING (for himself and Mrs. Committee on Energy and Natural Re- bling, and for other purposes; to the Com- LINCOLN): sources. mittee on Banking, Housing, and Urban Af- S. Con. Res. 21. A concurrent resolution ex- By Mr. EDWARDS (for himself, Mr. fairs. pressing the sense of the Congress that com- LAUTENBERG, and Mr. LEVIN): By Mr. STEVENS (for himself, Ms. MI- munity inclusion and enhanced lives for in- S. 620. A bill to amend title VII of the KULSKI, Mr. BOND, and Ms. MUR- dividuals with mental retardation or other Higher Education Act of 1965 to provide for KOWSKI): fire sprinkler systems, or other fire suppres- developmental disabilities is at serious risk S. 628. A bill to require the construction at sion or prevention technologies, in public because of the crisis in recruiting and retain- Arlington National Cemetery of a memorial and private college and university housing ing direct support professionals, which im- and dormitories, including fraternity and so- to the crew of the Columbia Orbiter; ordered pedes the availability of a stable, quality di- rority housing and dormitories; to the Com- held at the desk. rect support workforce; to the Committee on mittee on Health, Education, Labor, and By Mr. FEINGOLD: Health, Education, Labor, and Pensions. Pensions. S.J. Res. 9. A joint resolution requiring the By Mr. NICKLES (for himself, Mr. By Mr. BINGAMAN (for himself, Mr. President to report to Congress specific in- BAYH, Mr. BUNNING, Mr. FITZGERALD, JEFFORDS, Mrs. MURRAY, Mr. LEAHY, formation relating to certain possible con- Mr. HAGEL, Mr. INHOFE, Mr. KYL, Mr. and Ms. CANTWELL): sequences of the use of United States Armed LUGAR, Mr. REED, and Mr. ROBERTS): S. 621. A bill to amend title XXI of the So- Forces against Iraq; to the Committee on S. Con. Res. 22. A concurrent resolution ex- cial Security Act to allow qualifying States Foreign Relations. pressing the sense of the Congress regarding

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3731 housing affordability and urging fair and ex- amend the Family and Medical Leave year extension of the credit for pro- peditious review by international trade tri- Act of 1993 to expand the scope of the ducing electricity from wind. bunals to ensure a competitive North Amer- Act, and for other purposes. S. 457 ican market for softwood lumber; to the Committee on Finance. S. 319 At the request of Mr. LEAHY, the At the request of Ms. MIKULSKI, the name of the Senator from Arkansas f name of the Senator from South Da- (Mrs. LINCOLN) was added as a cospon- REPORTS OF COMMITTEES kota (Mr. JOHNSON) was added as a co- sor of S. 457, a bill to remove the limi- The following reports of committees sponsor of S. 319, a bill to amend chap- tation on the use of funds to require a were submitted: ter 89 of title 5, United States Code, to farm to feed livestock with organically By Mr. LUGAR, from the Committee on increase the Government contribution produced feed to be certified as an or- Foreign Relations: for Federal employee health insurance. ganic farm. Special Report entitled ‘‘Legislative Ac- S. 320 S. 461 tivities Report, 107th Congress’’ (Rept. No. At the request of Mr. GREGG, the At the request of Mr. DORGAN, the 108–19). name of the Senator from Utah (Mr. name of the Senator from New York f HATCH) was added as a cosponsor of S. (Mr. SCHUMER) was added as a cospon- 320, a bill to amend the Family and ADDITIONAL COSPONSORS sor of S. 461, a bill to establish a pro- Medical Leave Act of 1993 to clarify the gram to promote hydrogen fuel cells, S. 13 Act, and for other purposes. and for other purposes. At the request of Mr. KYL, the name S. 321 S. 464 of the Senator from Missouri (Mr. TAL- At the request of Mr. MCCAIN, the At the request of Mr. REID, the name ENT) was added as a cosponsor of S. 13, name of the Senator from Delaware of the Senator from Nebraska (Mr. a bill to provide financial security to (Mr. CARPER) was added as a cosponsor HAGEL) was added as a cosponsor of S. family farm and small business owners of S. 321, a bill to provide for the estab- 464, a bill to amend the Internal Rev- by ending the unfair practice of taxing lishment of a scientific basis for new enue Code of 1986 to modify and expand someone at death. firefighting technology standards, im- the credit for electricity produced from S. 68 prove coordination among Federal, renewable resources and waste prod- At the request of Mr. INOUYE, the State, and local fire officials in train- ucts, and for other purposes. name of the Senator from Georgia (Mr. ing for and responding to terrorist at- S. 470 MILLER) was added as a cosponsor of S. tacks and other national emergencies, At the request of Mr. SARBANES, the 68, a bill to amend title 38, United and for other purposes. names of the Senator from Indiana States Code, to improve benefits for S. 333 (Mr. BAYH) and the Senator from Filipino veterans of World War II, and At the request of Mr. BREAUX, the Michigan (Mr. LEVIN) were added as co- for other purposes. name of the Senator from Illinois (Mr. sponsors of S. 470, a bill to extend the S. 189 DURBIN) was added as a cosponsor of S. authority for the construction of a me- At the request of Mr. WYDEN, the 333, a bill to promote elder justice, and morial to Martin Luther King, Jr. name of the Senator from Texas (Mrs. for other purposes. S. 499 HUTCHISON) was added as a cosponsor of S. 338 At the request of Ms. LANDRIEU, the S. 189, a bill to authorize appropria- At the request of Mr. LAUTENBERG, name of the Senator from Michigan tions for nanoscience, nanoengineering, the names of the Senator from North (Mr. LEVIN) was added as a cosponsor of and nanotechnology research, and for Dakota (Mr. DORGAN) and the Senator S. 499, a bill to authorize the American other purposes. from South Dakota (Mr. DASCHLE) were Battle Monuments Commission to es- S. 204 added as cosponsors of S. 338, a bill to tablish in the State of Louisiana a me- At the request of Mr. BINGAMAN, the protect the flying public’s safety and morial to honor the Buffalo Soldiers. name of the Senator from South Da- security by requiring that the air traf- S. 532 kota (Mr. DASCHLE) was added as a co- fic control system remain a Govern- At the request of Mrs. HUTCHISON, the sponsor of S. 204, a bill to amend title ment function. name of the Senator from California XIX of the Social Security Act to in- S. 349 (Mrs. FEINSTEIN) was added as a co- crease the floor for treatment as an ex- At the request of Mrs. FEINSTEIN, the sponsor of S. 532, a bill to enhance the tremely low DSH State to 3 percent in name of the Senator from Nevada (Mr. capacity of organizations working in fiscal year 2003. REID) was added as a cosponsor of S. the United States-Mexico border region S. 262 349, a bill to amend title II of the So- to develop affordable housing and in- At the request of Mr. BINGAMAN, the cial Security Act to repeal the Govern- frastructure and to foster economic op- names of the Senator from Michigan ment pension offset and windfall elimi- portunity in the colonias. (Mr. LEVIN) and the Senator from Lou- nation provisions. S. 564 isiana (Ms. LANDRIEU) were added as S. 355 At the request of Ms. LANDRIEU, the cosponsors of S. 262, a bill to amend the At the request of Mrs. LINCOLN, the name of the Senator from Nevada (Mr. temporary assistance to needy families name of the Senator from Arkansas REID) was added as a cosponsor of S. program under part A of title IV of the (Mr. PRYOR) was added as a cosponsor 564, a bill to facilitate the deployment Social Security Act to improve the of S. 355, a bill to amend the Internal of wireless telecommunications net- provision of education and job training Revenue Code of 1986 to allow a credit works in order to further the avail- under that program, and for other pur- for biodiesel fuel. ability of the Emergency Alert System, poses. S. 377 and for other purposes. S. 269 At the request of Ms. LANDRIEU, the S. 582 At the request of Mr. JEFFORDS, the name of the Senator from Michigan At the request of Mr. BUNNING, the name of the Senator from Connecticut (Mr. LEVIN) was added as a cosponsor of names of the Senator from Montana (Mr. LIEBERMAN) was added as a co- S. 377, a bill to require the Secretary of (Mr. BURNS) and the Senator from Ken- sponsor of S. 269, a bill to amend the the Treasury to mint coins in com- tucky (Mr. MCCONNELL) were added as Lacey Act Amendments of 1981 to fur- memoration of the contributions of Dr. cosponsors of S. 582, a bill to authorize ther the conservation of certain wild- Martin Luther King, Jr., to the United the Department of Energy to develop life species. States. and implement an accelerated research S. 304 S. 395 and development program for advanced At the request of Mr. DODD, the At the request of Mr. GRASSLEY, the clean coal technologies for use in coal- names of the Senator from South Da- name of the Senator from Minnesota based electricity generating facilities kota (Mr. DASCHLE) and the Senator (Mr. DAYTON) was added as a cosponsor and to amend the Internal Revenue from New Mexico (Mr. BINGAMAN) were of S. 395, a bill to amend the Internal Code of 1986 to provide financial incen- added as cosponsors of S. 304, a bill to Revenue Code of 1986 to provide a 3- tives to encourage the retrofitting,

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3732 CONGRESSIONAL RECORD — SENATE March 13, 2003 repowering, or replacement of coal- S. RES. 62 are taxed at the 28 percent maximum based electricity generating facilities At the request of Mr. ENSIGN, the rate. The Taxpayer Relief Act allowed to protect the environment and im- name of the Senator from Minnesota precious metal bullion coins held in prove efficiency and encourage the (Mr. COLEMAN) was added as a cospon- IRA accounts to be taxed at the same early commercial application of ad- sor of S. Res. 62, a resolution calling rate as stocks and other capital assets. vanced clean coal technologies, so as to upon the Organization of American The bill I introduce today would treat allow coal to help meet the growing States (OAS) Inter-American Commis- all precious metal investments with need of the United States for the gen- sion on Human Rights, the United Na- the same tax equity. eration of reliable and affordable elections High Commissioner for Human I ask unanimous consent that the tricity. Rights, the European Union, and text of the bill be printed in the S. CON. RES. 6 human rights activists throughout the RECORD. At the request of Ms. LANDRIEU, the world to take certain actions in regard There being no objection, the bill was names of the Senator from Michigan to the human rights situation in Cuba. ordered to be printed in the RECORD, as (Mr. LEVIN), the Senator from Arkan- f follows: sas (Mrs. LINCOLN), the Senator from STATEMENTS ON INTRODUCED S. 611 Louisiana (Mr. BREAUX), the Senator BILLS AND JOINT RESOLUTIONS Be it enacted by the Senate and House of Rep- from Florida (Mr. NELSON), the Senator resentatives of the United States of America in from Vermont (Mr. LEAHY), the Sen- By Mr. REID (for himself, Mr. Congress assembled, NSIGN LLARD IL ator from Connecticut (Mr. DODD), the E , Mr. A , Mr. M - SECTION 1. SHORT TITLE. LER RAPO Senator from Indiana (Mr. BAYH), the , and Mr. C ): This Act may be cited as the ‘‘Fair Treat- S. 611. A bill to amend the Internal ment for Precious Metals Investors Act’’. Senator from Hawaii (Mr. INOUYE), the Revenue Code of 1986 to treat gold, sil- SEC. 2. GOLD, SILVER, AND PLATINUM TREATED Senator from Maryland (Ms. MIKUL- ver, and platinum, in either coin or bar IN THE SAME MANNER AS STOCKS SKI), the Senator from New Mexico (Mr. form, in the same manner as stocks AND BONDS FOR MAXIMUM CAPITAL BINGAMAN), the Senator from Massa- GAINS RATE FOR INDIVIDUALS. and bonds for purposes of the max- chusetts (Mr. KERRY), the Senator from (a) IN GENERAL.—Subparagraph (A) of sec- imum capital gains rate for individ- Arizona (Mr. MCCAIN), the Senator tion 1(h)(6) of the Internal Revenue Code of uals; to the Committee on Finance. from Georgia (Mr. CHAMBLISS), the Sen- 1986 (relating to definition of collectibles Mr. REID. Mr. President, last Con- gain and loss) is amended by striking ‘‘with- ator from Pennsylvania (Mr. SPECTER) gress, I introduced the Fair Treatment out regard to paragraph (3) thereof’’ and in- and the Senator from Vermont (Mr. for Precious Metals Investors Act to serting ‘‘without regard to so much of para- JEFFORDS) were added as cosponsors of correct a flawed capital gains tax defi- graph (3) thereof as relates to palladium and S. Con. Res. 6 , A concurrent resolution nition, which includes precious metals the bullion requirement for physical posses- expressing the sense of Congress that a sion by a trustee’’. investments as ‘‘collectibles.’’ This commemorative postage stamp should (b) EFFECTIVE DATE.—The amendment simple flaw in the tax code has discour- be issued in honor of Daniel ‘‘Chappie’’ made by subsection (a) shall apply to taxable aged investments in gold and other pre- James, the Nation’s first African- years beginning after December 31, 2002. cious metals for nearly fifteen years. I American four-star general. rise today to reintroduce the Fair By Mr. BENNETT: S. CON. RES. 7 Treatment for Precious Metals Inves- S. 612. A bill to revise the boundary At the request of Mr. CAMPBELL, the tors Act to correct this problem. of the Glen Canyon National Recre- names of the Senator from Alaska (Mr. My State, Nevada, is the third larg- ation Area in the States of Utah and STEVENS), the Senator from Georgia est producer of gold in the world be- Arizona; to the Committee on Energy (Mr. CHAMBLISS), the Senator from Illi- hind Australia and South Africa. and Natural Resources. nois (Mr. DURBIN), the Senator from Largely because of Nevada’s exports, Mr. BENNETT. Mr. President, I rise Louisiana (Ms. LANDRIEU), the Senator America enjoys a good trade surplus of today to introduce the ‘‘Glen Canyon from Delaware (Mr. BIDEN), the Sen- more than $1 billion. U.S. gold is pur- National Recreation Area Boundary ator from Minnesota (Mr. COLEMAN), chased around the world in financial Revision Act.’’ the Senator from Georgia (Mr. MIL- markets from London to Zurich to This legislation will revise the total LER), the Senator from Rhode Island Hong Kong. acreage within the National Recreation (Mr. CHAFEE), the Senator from Mis- Historically, precious metals invest- Area’s, NRA, boundary to reflect the souri (Mr. BOND), the Senator from ments derived their value from their actual acreage within the NRA, and it Pennsylvania (Mr. SPECTER), the Sen- rarity. Today, however, precious met- will also do much to protect the scenic ator from New Jersey (Mr. LAUTEN- als coins and bars are specifically de- view of Lake Powell as seen by those BERG), the Senator from Kansas (Mr. signed and produced by governments to traveling along U.S. Highway Route 89. BROWNBACK), the Senator from Okla- be used as an investment vehicle for As enacted into law, the enabling leg- homa (Mr. NICKLES), the Senator from those commodities similar to stocks islation for the Glen Canyon National Michigan (Mr. LEVIN), the Senator and bonds. My legislation will correct Recreation Area, inaccurately re- from Wisconsin (Mr. FEINGOLD), the the outdated tax classification of pre- flected the acreage within the NRA Senator from Illinois (Mr. FITZGERALD) cious metal bullion and apply to pre- boundary. This legislation would cor- and the Senator from Connecticut (Mr. cious metals holdings the same capital rect the acreage ceiling by estimating LIEBERMAN) were added as cosponsors gains tax treatment as stocks, bonds, the acreage within the NRA to be of S. Con. Res. 7, A concurrent resolu- and mutual funds. 1,256,000 instead of 1,236,880. tion expressing the sense of Congress In 1997 and 1998, The Taxpayer Relief Secondly, this bill would authorize that the sharp escalation of anti-Se- Act and the Internal Revenue Service the Secretary of the Interior, to ex- mitic violence within many partici- Restructuring and Reform Act set two change 320 NRA acres for 152 acres of pating States of the Organization for basic types of capital gains tax rates: privately owned land in Kane County, Security and Cooperation in Europe short-term capital gains, which are UT. Currently, Page One L.L.C. owns (OSCE) is of profound concern and ef- taxed at between 15 and 39.6 percent, 152 acres between U.S. Highway 89 and forts should be undertaken to prevent and long-term capital gains which are the southwestern shore of Lake Powell. future occurrences. taxed at a maximum rate of 20 percent. This private land provides a breath- S. CON. RES. 14 Long-term capital gains attributable taking view of Lake Powell from High- At the request of Mr. SMITH, the to investments defined as ‘‘collect- way 89, which is the main viewshed name of the Senator from Minnesota ibles’’, (vintage wines, rare coins, and corridor between the highway and the (Mr. COLEMAN) was added as a cospon- the like), however, are taxed at a max- lake. This land also encompasses three sor of S. Con. Res. 14, a concurrent res- imum rate of 28 percent. Although pre- highway access rights-of-way and a de- olution expressing the sense of Con- cious metal bullion coins are intended veloped culinary water well. In an ef- gress regarding the education cur- to be used as investments in the pre- fort to protect this viewshed and better riculum in the Kingdom of Saudi Ara- cious metals they contain, they are manage its boundaries along its most bia. still classified as ‘‘collectibles’’, and visited entrance, the National Park

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3733 Service, NPS, has been negotiating near downtown Denver to the Affairs and capital leasing is selected under with Page One to exchange 370 acres of Fitzsimons site, a decommissioned subsection (b) and no more than $30,000,000 NRA lands for these 152 acres. The ap- Army base. The UCHSC and the per year in capital leasing costs if a leasing option is selected as the sole option under proximate value of the NRA lands is DVAMC have long operated on adja- subsection (b). $480,000 whereas the private land’s ap- cent campuses and have shared faculty, (b) SELECTION OF CAPITAL OPTION.—The praised value is $856,000. Page One has medical residents, and access to equip- Secretary of Veterans shall select the cap- agreed to donate the balance of ap- ment. A DVAMC move to the new loca- ital option to carry out the authority pro- praised value to the NPS. tion in conjunction with the DOD vided in subsection (a) of either— By authorizing this land exchange, would allow such cost-effective co- (1) direct construction by the Department this bill will allow the NPS to preserve operation to continue, for the benefit of Veterans Affairs or a combination of di- and better manage the corridor be- rect construction and capital leasing; or of our veterans, active duty Air Force (2) capital leasing alone. tween the park and Highway 89, which members and all taxpayers. (c) AUTHORIZATION OF APPROPRIATIONS.— affords such a scenic view of Lake Pow- The need to move is pressing. A re- There is authorized to be appropriated to the ell. This boundary change would not cent VA study concludes that the Colo- Secretary of Veterans Affairs for fiscal years add any facilities, increase operating rado State veterans’ population will 2004, 2005, 2006, and 2007 for ‘‘Construction, costs, or require additional staff and as experience one of the highest percent Major Projects’’ for the purposes authorized such, it will not add to the NPS main- increases nationally in veterans age 65 in subsection (a)— (1) a total of $300,000,000, if direct construc- tenance backlog. and over between 1990 and 2020. The tion, or a combination of direct construction Because of the common interest in present VA hospital was built in the and capital leasing, is chosen pursuant to preserving this scenic corridor from de- 1950’s. While still able to provide serv- subsection (b) for purposes of the projects velopment, this legislation has gar- ice, the core facilities are approaching authorized in subsection (a); and nered the support of the administra- the end of their useful lives and many (2) $30,000,000 for each such fiscal year, if tion, the Kane County Planning and of the patient care units have fallen capital leasing alone is chosen pursuant to Zoning Commission, the National horribly out of date. Studies indicate subsection (b) for purposes of the projects Parks Conservation Association, and that co-location with the University on authorized in subsection (a). (d) LIMITATION.—The projects authorized in the Southern Utah Planning Advisory a state-of-the-art medical campus subsection (a) may only be carried out Council. In light of the benefits pro- would be a cost effective way to give using— vided by and community support for veterans and active duty Air Force (1) funds appropriated for fiscal year 2004, this proposal, I look forward to work- members in the region the highest 2005, 2006, or 2007 pursuant to the authoriza- ing with my Senate colleagues and the quality of care. The move would also tion of appropriations in subsection (a); administration to pass this legislation provide a tremendous opportunity to (2) funds appropriated for Construction, this year. showcase a nationwide model of co- Major Projects, for a fiscal year before fiscal year 2004 that remain available for obliga- operation between the University, the By Mr. CAMPBELL (for himself tion; and Department of Veterans Affairs, VA, (3) funds appropriated for Construction, and Mr. ALLARD): and the Department of Defense. Major Projects, for fiscal year 2004, 2005, 2006, S. 613. A bill to authorize the Sec- The VA needs to move quickly. As- or 2007 for a category of activity not specific retary of Veterans Affairs to construct, sisting our veterans with their medical to a project. lease, or modify major medical facili- needs is a promise we, as a country, (e) REPORT TO CONGRESSIONAL COMMIT- ties at the site of the former made long ago. TEES.—Not later than 120 days after the date Fitzsimons Army Medical Center, Au- The savings we can realize by approv- of the enactment of this Act, the Secretary rora, Colorado; to the Committee on shall submit to the Committees on Appro- ing the timely transfer of our veterans’ priations and the Committees on Veterans’ Veterans’ Affairs. medical treatment facilities in the Mr. CAMPBELL. Mr. President, Affairs of the Senate and House of Rep- Denver region compels me to urge my resentatives a report on this section. The re- today I am introducing a bill to facili- colleagues to act quickly on this bill. port shall include notice of the option se- tate the move of the Denver Veterans We must not miss out on this oppor- lected by the Secretary pursuant to sub- Affairs Medical Center, DVAMC, from tunity to serve America’s veterans and section (b) to carry out the authority pro- its present site in Denver to the former their families by ensuring that they re- vided by subsection (a), information on any Fitzsimons Army Medical Center in ceive the excellent medical care they further planning required to carry out the authority provided in subsection (a), and Aurora, Colorado. I am pleased to be deserve. joined in this effort by my friend and other information of assistance to the com- I ask unanimous consent that the mittees with respect to such authority. colleague Senator ALLARD as an origi- text of the bill be printed in the SEC. 3. JOINT ACTIVITIES TO ADDRESS HEALTH nal co-sponsor. RECORD. CARE NEEDS OF VETERANS AND The bill would authorize the Sec- There being no objection, the bill was MEMBERS OF THE AIR FORCE. retary of Veterans Affairs to construct, ordered to be printed in the RECORD, as The Secretary of Veterans Affairs and the lease or modify major medical facili- follows: Secretary of the Air Force shall undertake such joint activities as the Secretaries con- ties at the site of the former S. 613 Fitzsimons Army Medical Center. It in- sider appropriate to address the health care Be it enacted by the Senate and House of Rep- structs the Secretary to work with the needs of veterans and members of the Air resentatives of the United States of America in Force on active duty. Department of Defense in planning a Congress assembled, joint Federal project that would serve SECTION 1. SHORT TITLE. By Ms. COLLINS (for herself, Mr. the health care needs of active duty This Act may be cited as the ‘‘Veterans’ JEFFORDS, Mr. CHAFEE, Mr. Air Force and the VA. It would also re- New Fitzsimons Health Care Facilities Act KERRY, Mrs. HUTCHISON, Mr. quire the Secretary to submit a report of 2003’’. REED, Mr. LIEBERMAN, Mr. to the Committees on Appropriations SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FA- VOINOVICH, Mr. DORGAN, and and the Committees on Veterans Af- CILITY PROJECTS, FORMER Mr. LEAHY): FITZSIMONS ARMY MEDICAL CEN- fairs of the Senate and the House of TER, AURORA, COLORADO. S. 616. A bill to amend the Solid Representatives. This report would de- (a) AUTHORIZATION.—The Secretary of Vet- Waste Disposal Act to reduce the quan- tail the options selected by the Sec- erans Affairs may carry out major medical tity of mercury in the environment by retary and any information on further facility projects under section 8104 of title 38, limiting the use of mercury fever ther- planning needed to carry out the move. United States Code, at the site of the former mometers and improving the collection The relocation of the DVAMC to the Fitzsimons Army Medical Center, Aurora, and proper management of mercury, former Fitzsimons site offers a unique Colorado. Projects to be carried out at such and for other purposes; to the Com- opportunity to provide the highest site shall be selected by the Secretary and mittee on Environment and Public quality medical care for our veterans may include inpatient and outpatient facilities providing acute, sub-acute, primary, and Works. and certain members of our military. long-term care services. Project costs shall Ms. COLLINS. Mr. President, I rise The University of Colorado Health be limited to an amount not to exceed a today to introduce the Mercury Reduc- Sciences Center, UCHSC, is moving its total of $300,000,000 if a combination of direct tion Act of 2003. I am pleased that my facilities from its overcrowded location construction by the Department of Veterans colleagues, Senators JEFFORDS,

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3734 CONGRESSIONAL RECORD — SENATE March 13, 2003 CHAFEE, KERRY, HUTCHISON, REED, LIE- are actually removing surplus mercury the mercury thermometer. Perhaps BERMAN, VOINOVICH, DORGAN, and from the environment and from com- even more important, this legislation LEAHY have joined me in this initia- merce, rather than simply recycling it. would, for the first time ever, establish tive. Our legislation addresses the very It obviously does little good to collect a national policy, which is what we serious problems of mercury in the en- all this mercury from thermometer ex- need to deal with surplus mercury in vironment and mercury disposal. It change programs if it is going to be re- order to protect our environment in takes special aim at one of the most cycled into new products and put back the long term, as well as our health, common and widely distributed sources into commerce and eventually into our and particularly the health of devel- of mercury mercury fever thermom- environment. This bill directs the EPA oping children, from this highly toxic eters while also for the first time cre- to ensure that the mercury is properly element. ating a nationwide policy for dealing collected and stored in order to keep it I hope many more of my colleagues with surplus mercury. out of the environment and out of com- will join me in cosponsoring this legis- Mercury is a potent neurotoxin that merce. Once the mercury is collected, lation and that it will be signed into is widespread in the environment and my intention is it will never again be law this year. particularly harmful to developing able to pose a threat to the health of children. In fact, according to a draft our children. By Mr. LIEBERMAN (for himself, report recently released by the EPA, The mercury collected from ther- Mr. FEINGOLD, Mr. DASCHLE, approximately 5 million American mometer exchange programs is only Mr. DURBIN, Ms. MIKULSKI, Mr. women of childbearing age have mer- part of the problem. There is a bigger SCHUMER, Mr. KENNEDY, Mr. cury levels in their bloodstream above problem, and that is the global circula- DODD, Ms. LANDRIEU, and Mr. safe levels. Tragically, the children of tion of mercury. Let me give an exam- KERRY): these women will have an elevated risk ple. When the HoltraChem manufac- S. 617. A bill to provide for full voting of birth defects. turing plant in Orrington, ME, shut representation in Congress for the citi- When mercury enters the environ- down a few years ago, the plant was zens of the District of Columbia, and ment, it takes on a highly toxic or- left with over 100 tons of unwanted for other purposes; to the Committee ganic form known as methylmercury. mercury and no known way to perma- on Governmental Affairs. Methylmercury is almost completely nently and safely dispose of it. In total, Mr. LIEBERMAN. Mr. President, I absorbed into the blood and distributed about 3,000 tons of mercury is held at rise today to introduce the No Tax- to all tissues including the brain. This similar plants across the country. ation Without Representation Act of organic mercury can accumulate in the Yet despite this surplus mercury, 2003 legislation that will right an ongo- food chain and become concentrated in large amounts of mercury are still ing injustice experienced by 600,000 some species of fish, posing a health being mined around the world. In addi- American citizens—the citizens of the threat to some people who consume tion, the Department of Defense cur- District of Columbia—who have his- them. For this reason, 40 States have rently has a stockpile of over 4,000 tons torically been denied voting represen- issued freshwater fish advisories that of surplus mercury it does not know tation in Congress. warn certain individuals to restrict or what to do with and for which it does This injustice is felt directly by Dis- avoid consuming fish from affected not have any use. trict residents, but it is also a stain on bodies of water. In view of these facts, why are Alge- the fabric of our democracy for the Na- One prevalent source of mercury in ria and other countries still mining tion as a whole. By now, we should all the environment is from mercury fever huge amounts of an element that is a understand that the vote is a civic en- thermometers. Many of us know from known neurotoxin, when the United titlement of every American citizen. It personal experience that they are eas- States and other countries are doing is democracy’s most essential right, ily broken. In fact, in 1998 the Amer- their best to remove this extremely our most useful tool. ican Poison Control Center received toxic element from the environment? I am proud to be the chief Senate 18,000 phone calls from consumers who How will the United States dispose of sponsor of this bill, which Congress- had broken mercury thermometers. the huge amounts of mercury at chlor- woman NORTON is also today intro- One mercury thermometer contains a alkali plants and other sources that no ducing in the House. I am delighted little under one gram of mercury. De- longer are understood? that Senator FEINGOLD, who has spite its small size, the mercury in one Our bill would create an interchange worked with me for two years on this thermometer, if it were released annu- task force to address these very ques- legislation, is joining me again as an ally into the environment, is enough to tions. The task force would be chaired original sponsor, as are Senators contaminate all the fish in a 20-acre by the Administrator of the Environ- DASCHLE, DURBIN, MIKULSKI, SCHUMER, lake. mental Protection Agency and would KENNEDY, DODD, LANDRIEU and KERRY. The bill we are introducing today be comprised of members from other The aim of the legislation is simple: It calls for a nationwide ban on the sale Federal agencies involved with mer- would provide full voting representa- of mercury fever thermometers. It cury. Our legislation directs this task tion in Congress—through two senators would also provide grants for swap pro- force to find ways to reduce the mer- and a member of the House—to citizens grams to help consumers exchange cury threat to humans and to our envi- of the District, providing to them the mercury thermometers for digital or ronment, to identify long-term means same rights to participate in our de- other alternatives. of disposing of mercury safely and mocracy as citizens in the 50 States. Our legislation would allow millions properly, and to address the excess Despite this bill’s title, it would not of consumers across the Nation to re- mercury problems from mines as well exempt residents of the District from ceive free digital thermometers in ex- as industrial sources. This task force paying income taxes. change for their mercury thermom- would also be directed to identify com- Last year, the Governmental Affairs eters. By bringing mercury thermom- prehensive solutions to the global mer- Committee, which I then chaired, held eters in for proper disposal, consumers cury problem. One year from the cre- a hearing on this issue in May. It was will ensure the mercury from their ation of this task force, it would be re- the first time since 1994 that Congress thermometers does not end up pol- quired to submit its recommendations had held a hearing on the issue. Five luting our lakes and threatening our to the Congress for permanently dis- months later, in October, the Com- health. It will also reduce the risk of posing of mercury and for reducing the mittee reported out legislation iden- breakage and contamination inside the amount of new mercury mined every tical to the bill we introduce today. I home. year. am proud that we progressed as far as An important component of our bill In the meantime, this legislation we did last year. Unfortunately it was is the safe disposal of the mercury col- would make significant progress to- not far enough. lected from thermometer exchange ward reducing one of the most wide- Today, I think it is particularly iron- programs, which are increasingly pop- spread sources of mercury contamina- ic—though painfully so—that we are ular in communities throughout our tion in the environment, a source that introducing this legislation as the Na- country. I want to make sure that we is found in many of our homes; that is, tion stands on the brink of a decision

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3735 about war with Iraq to protect our na- Incredibly, the vast majority of Treasury. The Western Shoshone have tional security. If war does come, citi- Americans already believe that D.C. not received a single penny of this zens of Washington D.C. will serve residents have voting representation in money which is rightfully theirs. In their fellow Americans with pride, as the Congress. When they are informed those twenty-four years, the original they have in every previous war. In that they don’t, 80 percent of Ameri- trust fund has grown to well over $121 fact, the District suffered more casual- cans, according to one poll, say that million dollars. It is the past time that ties in Vietnam than the citizens of 10 they should. That is overwhelming sup- this money should be delivered into the states. Furthermore, over 1,000 Army port and by righting this wrong, we hands of its owners. The Western Sho- and Air National Guardsmen and will be following the will of the Amer- shone Steering Committee has offi- women from the District have already ican people. cially requested that Congress enact been called upon to help in the war on The people of the District of Colum- legislation to affect this distribution. terrorism. Yet—to our shame—D.C. bia have been without this key right It has become increasingly apparent in citizens cannot choose representatives for far too long. I urge all of my col- recent years that the vast majority of to the legislature that governs them. leagues to support this legislation. those who qualify to receive these There is something wrong with this funds support an immediate distribu- By Mr. REID (for himself and Mr. picture. tion of their money. The people of this city have also been ENSIGN): This Act will provide payments to el- S. 618. A bill to provide for the use the direct target of terrorists, and yet igible Western Shoshone tribal mem- and distribution of the funds awarded citizens of the District have no one bers and ensure that future generations to the Western Shoshone identifiable who can cast a vote in Congress on of Western Shoshone will be able to group under Indian Claims Commission policies to protect their homeland se- enjoy the benefit of the distribution in Docket Numbers 326–A–1, 326–A–3, 326– perpetuity. Through the establishment curity. Citizens of Washington, D.C., K, and for other purposes; to the Com- pay income taxes just like everyone of a tribally controlled grant trust mittee on Indian Affairs. fund, individual members of the West- else. Actually, they pay more. Per cap- Mr. REID. Mr. President, I rise today ita, District residents have the second ern Shoshone will be able to apply for for myself and Senator ENSIGN to re- money for education and other needs highest Federal tax obligation. And yet introduce the Western Shoshone they have no say in how high those within limits set by a self-appointed Claims Distribution Act. Last year the committee of tribal members. I will taxes will be or how their tax dollars Senate unanimously passed this bill, continue my ongoing work with the will be spent. which will at last release funds the They fight and die and pay for our members of the Western Shoshone and United States has held in trust for the the Department of Interior to help re- democracy, but they cannot partici- Western Shoshone people for over 24 pate fully in it. How can we coun- solve any current land issues. years. Unfortunately the House was un- It is clear that the Western Shoshone tenance this? How can we promote de- able to complete its consideration of want the funds from their claim dis- mocracy abroad effectively while deny- the bill before the last Congress ad- tributed without further delay. They ing it to hundreds of thousands of citi- journed. have already voted twice to firmly and zens in our Nation’s Capital? Historically, the Western Shoshone decisively voice their interests. Mem- The citizens who live in our Nation’s people have resided on land within the bers of the Western Shoshone gathered Capital deserve more than a nonvoting central portion of Nevada and parts of in Fallon and Elko, NV in May of 1998. delegate California, Idaho, and Utah. For more They cast a vote overwhelmingly in in the House. Notwithstanding the than a hundred years, the Western Sho- strong service of the Honorable Con- favor of distributing the funds. 1,230 shone have not received a fair com- supported the distribution in the state- gresswoman ELEANOR HOLMES NORTON pensation for the loss of their tribal wide vote; only 53 were opposed. Again and her ability to vote in committee, a land and resources. In 1946 the Indian on June 2002 they cast a vote over- representative without the power to Claims Commission was established to whelmingly in support of the distribu- vote on the floor of the House simply compensate Indians for lands and re- tion of the judgment funds at a rate of isn’t good enough. sources taken from them by the United Prior to the District’s establishment 100 percent per capita. 1,647 Western States. In 1962 the commission deter- Shoshone voted in favor of the dis- in 1790, residents of the area who were mined that the Western Shoshone land tribution of the funds; only 156 op- eligible to vote had full representation had been taken through ‘‘gradual en- posed. I rise today in support and rec- in Congress. When the framers of the croachment.’’ In 1977 the commission ognition of their decision. The final Constitution placed our Capital under awarded the tribe in excess of $26 mil- distribution of this fund has lingered the jurisdiction of the Congress, they lion dollars. The United States Su- for more than twenty years. During the placed with Congress the responsibility preme Court has upheld the commis- 107th Congress, the Indian Affairs Com- of ensuring that D.C. citizens’ rights sion’s award. It was not until 1979 that mittee approved and the full Senate would be protected in the future, just the United States appropriated over $26 unanimously passed this bill. It is clear as Congress should protect the rights million dollars to reimburse the de- that the best interests of the Tribe will of all citizens throughout the land. For scendents of these tribes for their loss. not be served by prolonging their wait. more than 200 years, Congress has The Western Shoshone are not a Twenty-four years has been more than failed to meet this obligation. And I, wealthy people. A third of the tribal long enough. I ask unanimous consent for one, am not prepared to make D.C. members are unemployed; for many of that the full text of the bill be printed citizens wait another 200 years. those who do have jobs, it is a struggle in the RECORD. Today, no other democratic nation to live from paycheck to the next. There being no objection, the bill was denies the residents of its capital rep- Wood stoves often provide the only ordered to be printed in the RECORD, as resentation in the national legislature. source of heat in their aging homes. follows: What must visitors from around the Like other American Indians, the S. 618 world think when they come to see our Western Shoshone continue to be dis- Be it enacted by the Senate and House of Rep- beautiful landmarks, our monuments, proportionately affected by poverty resentatives of the United States of America in and our Capitol dome—proud symbols and low educational attainment. The Congress assembled, of the world’s leading democracy—only high school completion rate for Indian SECTION 1. SHORT TITLE. to learn that the citizens of this city people between the ages of 20 and 24 is This Act may be cited as the ‘‘Western have no voice in Congress? What would dismally low. American Indians have a Shoshone Claims Distribution Act’’. we do if the residents of Boston, Nash- drop-out rate that is 12.5 percent high- SEC. 2. DEFINITIONS. ville, Denver, Seattle, or El Paso had er than the rest of the National. For In this Act: no voting rights? All those cities are (1) COMMITTEE.—The term ‘‘Committee’’ the Western Shoshone, the money con- means the administrative committee estab- roughly the same size as Washington, tained in the settlement funds could lished under section 4(c)(1). D.C.—and I know we as a Nation lead to drastic lifestyle improvements. (2) WESTERN SHOSHONE JOINT JUDGMENT wouldn’t let their citizens go voiceless After 24 years the judgment funds FUNDS.—The term ‘‘Western Shoshone joint in the Congress. still remain in the United States judgment funds’’ means—

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3736 CONGRESSIONAL RECORD — SENATE March 13, 2003 (A) the funds appropriated in satisfaction vidual who is 19 years or older on the date of known as the ‘‘Western Shoshone Edu- of the judgment awards granted to the West- distribution of the Western Shoshone judg- cational Trust Fund’’, consisting of— ern Shoshone Indians in Docket Numbers ment funds under paragraph (1) shall be paid (A) the Western Shoshone joint judgment 326–A–1 and 326–A–3 before the United States directly to the individual. funds; and Court of Claims; and (B) LIVING, LEGALLY INCOMPETENT INDIVID- (B) the funds added under in section 3(b)(4). (B) all interest earned on those funds. UALS.—The per capita share of a living, le- (2) AMOUNTS IN TRUST FUND.—With respect (3) WESTERN SHOSHONE JUDGMENT FUNDS.— gally incompetent individual shall be admin- to amounts in the Trust fund— The term ‘‘Western Shoshone judgment istered in accordance with regulations pro- (A) the principal amount— funds’’ means— mulgated and procedures established by the (i) shall not be expended or disbursed; and (A) the funds appropriated in satisfaction Secretary under section 3(b)(3) of the Indian (ii) shall be invested in accordance with of the judgment award granted to the West- Tribal Judgment Funds Use or Distribution section 1 of the Act of June 24, 1938 (25 U.S.C. ern Shoshone Indians in Docket Number 326– Act (25 U.S.C. 1403(b)(3)). 162a); and K before the Indian Claims Commission; and (C) DECEASED INDIVIDUALS.—The per capita (B) all interest income earned on the prin- (B) all interest earned on those funds. share of an individual who is deceased as of cipal amount after the date of establishment (4) JUDGMENT ROLL.—The term ‘‘judgment the date of distribution of the Western Sho- of the Trust fund— roll’’ means the Western Shoshone judgment shone judgment funds under paragraph (1) (i) shall be distributed by the Committee— roll established by the Secretary under sec- shall be paid to the heirs and legatees of the (I) to Western Shoshone members in action 3(b)(1). individual in accordance with regulations cordance with this Act, to be used as edu- (5) SECRETARY.—The term ‘‘Secretary’’ promulgated by the Secretary. cational grants or for other forms of edu- means the Secretary of the Interior. (D) INDIVIDUALS UNDER THE AGE OF 19.—The cational assistance determined appropriate (6) TRUST FUND.—The term ‘‘Trust Fund’’ per capita share of an individual who is not by the Committee; and means the Western Shoshone Educational yet 19 years of age on the date of distribu- (II) to pay the reasonable and necessary ex- Trust Fund established under section 4(b)(1). tion of the Western Shoshone judgment penses of the Committee (as defined in the (7) WESTERN SHOSHONE MEMBER.—The term funds under paragraph (1) shall be— written rules and procedures of the Com- ‘‘Western Shoshone member’’ means an indi- (i) held by the Secretary in a supervised in- mittee); but vidual who— dividual Indian money account; and (ii) shall not be distributed under this (A)(i) appears on the judgment roll; or (ii) distributed to the individual— paragraph on a per capita basis. (ii) is the lineal descendant of an indi- (I) after the individual has reached the age (c) ADMINISTRATIVE COMMITTEE.— vidual appearing on the roll; and of 18 years; and (1) ESTABLISHMENT.—There is established (B)(i) satisfies all eligibility criteria estab- (II) in 4 equal payments (including interest an administrative committee to oversee the lished by the Committee under section earned on the per capita share), to be made— distribution of educational grants and assist- 4(c)(4)(D)(iii); (aa) with respect to the first payment, on ance under subsection (b)(2). (ii) meets any application requirements es- the eighteenth birthday of the individual (or, (2) MEMBERSHIP.—The Committee shall be tablished by the Committee; and if the individual is already 18 years of age, as composed of 7 members, of which— (iii) agrees to use funds distributed in ac- soon as practicable after the date of estab- (A) 1 member shall represent the Western cordance with section 4(b)(2)(B) for edu- lishment of the Indian money account of the Shoshone Te-Moak Tribe and be appointed cational purposes approved by the Com- individual); and by that Tribe; mittee. (bb) with respect to the 3 remaining pay- (B) 1 member shall represent the SEC. 3. DISTRIBUTION OF WESTERN SHOSHONE ments, not later than 90 days after each of Duckwater Shoshone Tribe and be appointed JUDGMENT FUNDS. the 3 subsequent birthdays of the individual. by that Tribe; (a) IN GENERAL.—The Western Shoshone (3) APPLICABLE LAW.—Notwithstanding sec- (C) 1 member shall represent the Yomba judgment funds shall be distributed in action 7 of the Indian Tribal Judgment Funds Shoshone Tribe and be appointed by that cordance with this section. Use or Distribution Act (25 U.S.C. 1407), a per Tribe; (b) JUDGMENT ROLL.— capita share (or the availability of that (D) 1 member shall represent the Ely Sho- (1) IN GENERAL.—The Secretary shall estab- share) paid under this section shall not— shone Tribe and be appointed by that Tribe; lish a Western Shoshone judgment roll con- (A) be subject to Federal or State income (E) 1 member shall represent the Western sisting of all individuals who— taxation; Shoshone Committee of the Duck Valley (A) have at least 1⁄4 degree of Western Sho- (B) be considered to be income or resources Reservation and be appointed by that Com- shone blood; for any purpose; or mittee; (B) are citizens of the United States; and (C) be used as a basis for denying or reduc- (F) 1 member shall represent the Fallon (C) are living on the date of enactment of ing financial assistance or any other benefit Band of Western Shoshone and be appointed this Act. to which a household or Western Shoshone by that Band; and (2) INELIGIBLE INDIVIDUALS.—Any indi- member would otherwise be entitled to re- (G) 1 member shall represent the general vidual that is certified by the Secretary to ceive under— public and be appointed by the Secretary. be eligible to receive a per capita payment (i) the Social Security Act (42 U.S.C. 301 et (3) TERM.— from any other judgment fund awarded by seq.); or (A) IN GENERAL.—Each member of the Com- the Indian Claims Commission, the United (ii) any other Federal or federally-assisted mittee shall serve a term of 4 years. States Claims Court, or the United States program. (B) VACANCIES.—If a vacancy remains un- Court of Federal Claims, that was appro- (4) UNPAID FUNDS.—The Secretary shall add filled in the membership of the Committee priated on or before the date of enactment of to the Western Shoshone joint judgment for a period of more than 60 days— this Act, shall not be listed on the judgment funds held in the Trust Fund under section (i) the Committee shall appoint a tem- roll. 4(b)(1)— porary replacement from among qualified (3) REGULATIONS REGARDING JUDGMENT (A) all per capita shares (including interest members of the organization for which the ROLL.—The Secretary shall— earned on those shares) of living competent replacement is being made; and (A) publish in the Federal Register all reg- adults listed on the judgment roll that re- (ii) that member shall serve until such ulations governing the establishment of the main unpaid as of the date that is— time as the organization (or, in the case of a judgment roll; and (i) 6 years after the date of distribution of member described in paragraph (2)(G), the (B) use any documents acceptable to the the Western Shoshone judgment funds under Secretary) designates a permanent replace- Secretary in establishing proof of eligibility paragraph (1); or ment. of an individual to— (ii) in the case of an individual described in (4) DUTIES.—The Committee shall— (i) be listed on the judgment roll; and paragraph (2)(D), 6 years after the date on (A) distribute interest funds from the (ii) receive a per capita payment under this which the individual reaches 18 years of age; Trust Fund under subsection (b)(2)(B)(i); Act. and (B) for each fiscal year, compile a list of (4) FINALITY OF DETERMINATION.—The de- (B) any other residual principal and inter- names of all individuals approved to receive termination of the Secretary on an applica- est funds remaining after the distribution those funds; tion of an individual to be listed on the judg- under paragraph (1) is complete. (C) ensure that those funds are used in a ment roll shall be final. SEC. 4. DISTRIBUTION OF WESTERN SHOSHONE manner consistent with this Act; (c) DISTRIBUTION.— JOINT JUDGMENT FUNDS. (D) develop written rules and procedures, (1) IN GENERAL.—On establishment of the (a) IN GENERAL.—The Western Shoshone subject to the approval of the Secretary, judgment roll, the Secretary shall make a joint judgment funds shall be distributed in that cover such matters as— per capita distribution of 100 percent of the accordance with this section. (i) operating procedures; Western Shoshone judgment funds, in shares (b) WESTERN SHOSHONE EDUCATIONAL TRUST (ii) rules of conduct; as equal as practicable, to each person listed FUND.— (iii) eligibility criteria for receipt of funds on the judgment roll. (1) ESTABLISHMENT.—Not later than 120 under subsection (b)(2)(B)(i); (2) REQUIREMENTS FOR DISTRIBUTION PAY- days after the date of enactment of this Act, (iv) application selection procedures; MENTS.— the Secretary shall establish in the Treasury (v) procedures for appeals to decisions of (A) LIVING COMPETENT INDIVIDUALS.—The of the United States, for the benefit of West- the Committee; per capita share of a living, competent indi- ern Shoshone members, a trust fund to be (vi) fund disbursement procedures; and

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3737 (vii) fund recoupment procedures; story, 350-room structure built in 1952 universities, fraternities, or sororities (E) carry out financial management in ac- that housed approximately 600 stu- to assist them in providing fire sprin- cordance with paragraph (6); and dents. Astonishingly, the fire was con- kler systems for their student housing (F) in accordance with subsection tained to the third floor lounge of Bo- and dormitories. These entities would (b)(2)(C)(ii), use a portion of the interest funds from the Trust Fund to pay the reason- land Hall. This dormitory was equipped be required to produce matching funds able and necessary expenses of the Com- with smoke alarms but no sprinkler equal to one-half of the cost of the mittee (including per diem rates for attend- system. project. This legislation authorizes $80 ance at meetings that are equal to those paid Unfortunately, the Boland Hall fire million for fiscal years 2004 through to Federal employees in the same geographic was not the first of its kind. And it re- 2008. location), except that not more than $100,000 minded many people in North Carolina In North Carolina, we decided to ini- of those funds may be used to develop writ- of their own tragic experience with tiate a drive to install sprinklers in our ten rules and procedures described in sub- dorm fires. In 1996, on Mother’s Day public college and university dorms. paragraph (D). and Graduation Day, a fire in the Phi The overall cost is estimated at $57.5 (5) JURISDICTION OF TRIBAL COURTS.—At the discretion of the Committee and with the ap- Gamma Delta fraternity house at the million. Given how much it is going to proval of the appropriate tribal government, University of North Carolina at Chapel cost North Carolina’s public colleges a tribal court, or a court of Indian offenses Hill killed five college juniors and in- and universities to install sprinklers, I operated under section 11 of title 25, Code of jured three others. The three-story fra- think it’s clear that the $100 million Federal Regulations (or a successor regula- ternity house was 70 years old. The Na- that this measure authorizes is just a tion), shall have jurisdiction to hear an ap- tional Fire Protection Association drop in the bucket. But my hope is peal of a decision of the Committee. identified several factors that contrib- that by providing this small incentive (6) FINANCIAL MANAGEMENT.— uted to the tragic fire, including the we can encourage more colleges to in- (A) FINANCIAL STATEMENT.—The Com- mittee shall employ an independent certified lack of fire sprinkler protection. stitute a comprehensive review of their public accountant to prepare a financial Sadly, dorm fires are not rare. On De- dorm’s fire safety and to install sprin- statement for each fiscal year that dis- cember 9, 1997, a student died in a dor- klers. All they need is a helping hand. closes— mitory fire at Greenville College in With this modest measure of preven- (i) the operating expenses of the Com- Greenville, IL. The dormitory, Kinney tion, we can help prevent the needless mittee for the fiscal year; and Hall, was built in the 1960s and had no and tragic loss of young lives. (ii) the total amount of funds disbursed fire sprinkler system. On January 10, Parents should not have to worry under subsection (b)(2)(B)(i) for the fiscal 1997, a student died at the University of about their children living in fire year. Tennessee at Martin. The dormitory, (B) DISTRIBUTION OF INFORMATION.—For traps. When we send our children away each fiscal year, the Committee shall pro- Ellington Hall, had no fire sprinkler to college, we are sending them to a vide to the Secretary, to each organization system. On January 3, 1997, a student home away from home where hundreds represented on the Committee, and, on the died in a dormitory fire at Central Mis- of other students eat, sleep, burn can- request of a Western Shoshone member, to souri State University in Warrensburg, dles, use electric appliances and the Western Shoshone member, a copy of— MO. On October 21, 1994, five students smoke. We must not compromise on (i) the financial statement prepared under died in a fraternity house fire in their safety. As the Fire Chief from subparagraph (A); and Bloomsburg, PA. The list goes on and Chapel Hill wrote me: ‘‘Every year, (ii) the list of names compiled under paragraph (4)(B). on. In a typical year between 1980 and parents send their children off to col- (d) CONSULTATION.—The Secretary shall 1998, the National Fire Protection As- lege seeking an education unaware consult with the Committee on the manage- sociation estimates there were an aver- that one of the greatest dangers facing ment and investment of the funds distrib- age of 1,800 fires at dormitories, frater- their children is the fire hazards asso- uted under this section. nities, and sororities, involving one ciated with dormitories, fraternity and SEC. 5. REGULATIONS. death, 70 injuries, and $8 million in sorority houses and other forms of stu- The Secretary may promulgate such regu- property damage. dent housing . . . The only complete lations as are necessary to carry out this So now we must ask, what can be Act. answer to making student-housing safe done? What can we do to curtail these is to install fire sprinkler systems.’’ In By Mr. EDWARDS (for himself, tragic fires from taking the lives of our short, the best way to ensure the pro- Mr. LAUTENBERG, and Mr. children, our young adults? We should tection of our college students is to in- LEVIN): focus our attention on the lack of fire stall fire sprinklers in our college dor- S. 620. A bill to amend title VII of the sprinklers in college dormitories and mitories and fraternity and sorority Higher Education Act of 1965 to provide fraternity and sorority houses. Sprin- houses. My proposal has been endorsed for fire sprinkler systems, or other fire klers save lives. by the National Fire Protection Asso- suppression or prevention technologies, Despite the clear benefits of sprin- ciation. I ask all of my colleagues to in public and private college and uni- klers, many college dorms do not have join me in supporting this important versity housing and dormitories, in- them. New dormitories are generally legislation. Thank you. cluding fraternity and sorority housing required to have advanced safety sys- I ask unanimous consent that the and dormitories; to the Committee on tems such as fire sprinklers. But such text of the legislation and the letters Health, Education, Labor, and Pension. requirements are rarely imposed retro- of support be printed in the RECORD. Mr. EDWARDS. Mr. President, I rise actively on existing buildings. In 1998, There being no objection, the mate- today along with my colleagues Mr. 93 percent of the campus building fires rial was ordered to be printed in the LAUTENBURG and Mr. LEVIN to re-intro- reported to fire departments occurred RECORD, as follows: duce the College Fire Prevention Act. in buildings where there were smoke MARCH 4, 2003. This measure would provide Federal alarms present. However, only 34 per- Hon. JOHN EDWARDS, matching grants for the installation of cent of them had fire sprinklers U.S. Senate, fire sprinkler systems in college and present. Washington, DC. university dormitories and fraternity At my State’s flagship university at SENATOR EDWARDS: On behalf of the Na- tional Fire Prevention Association (NFPA) and sorority houses. I believe the time Chapel Hill, for example, only 14 of the and our 70,000 members, I want to thank you is now to address the sad situation of 33 residence halls have sprinklers. Only for introducing the College Fire Prevention deadly fires that occur in our chil- 3 of 9 dorms at North Carolina Central Act. We are pleased to support your legisla- dren’s college living facilities. University are equipped with the life- tive efforts to provide federal assistance for The tragic fire that occurred at saving devices, and there are sprinklers the installation of fire sprinkler systems in Seton Hall University on Wednesday, in 4 of the 18 dorms at the University college and university housing and dor- January 19th, 2000, will not be forgot- of North Carolina at Greensboro. mitories. ten. Three freshmen, all 18 years old, The legislation I introduce today au- Each year, an estimated 1,800 fires occur in dormitories and fraternity and sorority died. Fifty-four students, two South thorizes the Secretary of Education, in houses. These fires are responsible for an av- Orange firefighters and two South Or- consultation with the United States erage of one death, seventy injuries and over ange police officers were injured. The Fire Administration, to award grants $8 million in property damage. Of these fires, dormitory, Boland Hall, was a six- to States, private or public colleges or only 35% had fire sprinkler systems present.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3738 CONGRESSIONAL RECORD — SENATE March 13, 2003 As you know, in your home state of North mitory. Three male freshmen, all 18 years of this part, any negative determination on the Carolina, a tragic fire on Mother’s Day in age, died. Fifty-four students, 2 South Or- part of the Secretary with respect to such 1996 killed five students in a fraternity ange firefighters, and 2 South Orange police application, or any statement of reasons for house. officers were injured. The dormitory was a 6- the determination, shall not be admissible as Our statistics show that properly installed story, 350-room structure built in 1952, that evidence in any proceeding of any court, and maintained fire sprinkler systems have a housed approximately 600 students. It was agency, board, or other entity.’’. proven track records of protecting lives and equipped with smoke alarms but no fire property in all types of occupancies. In par- sprinkler system. By Mr. BINGAMAN (for himself, ticular, the retrofitting of fire sprinkler sys- ‘‘(2) On Mother’s Day 1996 in Chapel Hill, Mr. JEFFORDS, Mrs. MURRAY, tems in college and university housing will North Carolina, a fire in the Phi Gamma Mr. LEAHY, and Ms. CANTWELL): greatly improve the safety of these public Delta Fraternity House killed 5 college jun- and private institutions. iors and injured 3. The 3-story plus basement S. 621. A bill to amend title XXI of Thank you for your leadership on this cru- fraternity house was 70 years old. The Na- the Social Security Act to allow quali- cial issue. NFPA is ready to assist in any tional Fire Protection Association identified fying States to use allotments under way to see this legislation passed. several factors that contributed to the tragic the State children’s health insurance Sincerely, fire, including the lack of fire sprinkler pro- program for expenditures under the JOHN C. BIECHMAN, tection. Medicaid program; to the Committee Vice-President, Government Affairs. ‘‘(3) It is estimated that between 1980 and on Finance. 1998, an average of 1,800 fires at dormitories, Mr. BINGAMAN. Mr. President, I rise Chapel Hill Fire Department, Chapel Hill, NC, fraternities, and sororities, involving 1 March 12, 2003. death, 70 injuries, and $8,000,000 in property today to introduce legislation with Senator JOHN EDWARDS, damage were reported to public fire depart- Senators JEFFORDS, MURRAY, LEAHY, Dirksen Senate Office Building, ments. and CANTWELL entitled the ‘‘Children’s Washington, DC. ‘‘(4) Within dormitories, fraternities, and Health Equity Act of 2003.’’ This bill DEAR SENATOR EDWARDS: One of the most sororities the number 1 cause of fires is addresses an inequity that was created under addressed fire safety problems in arson or suspected arson. The second leading during the establishment of the State America today is university and college stu- cause of college building fires is cooking, dent housing. Every year, parents send their Children’s Health Insurance Program, while the third leading cause is smoking. CHIP, that unfairly penalized certain children off to college seeking an education ‘‘(5) New dormitories are generally re- unaware that one of the greatest dangers quired to have advanced safety systems such States that had done the right thing facing their children is the fire hazards asso- as fire sprinklers. But such requirements are and had expanded Medicaid coverage to ciated with dormitories, fraternity and so- rarely imposed retroactively on existing children prior to the enactment of the rority houses and other forms of student buildings. bill. housing. We in Chapel Hill experienced a ‘‘(6) In 1998, 93 percent of the campus build- While the Congress recognized this worst-case scenario, when in 1996 a fire in a ing fires reported to fire departments oc- fraternity house on Mother’s Day/Gradua- fact for some States and ‘‘grand- curred in buildings where there were smoke fathered’’ in their expansions so those tion Day claimed five young lives and in- alarms present. However, only 34 percent had jured three more. We recognized the only fire sprinklers present. States could use the new CHIP funding complete answer to making student-housing ‘‘SEC. 773. AUTHORIZATION OF APPROPRIATIONS. for the children of their respective safe is to install fire sprinkler systems. ‘‘There are authorized to be appropriated States, the legislation failed to do so I had the privilege of reading a draft copy to carry out this part $80,000,000 for each of for others, including New Mexico, of your proposed legislation amending the the fiscal years 2004 through 2008. Vermont, and Washington, among oth- Higher Education Act of 1965 to create a ‘‘SEC. 774. GRANTS AUTHORIZED. matching grants program supporting the ers. This had the effect of penalizing a ‘‘(a) PROGRAM AUTHORITY.—The Secretary, lifesaving step of installing fire sprinkler certain group of States for having done in consultation with the United States Fire the right thing. systems in student housing. I strongly urge Administration, is authorized to award you to introduce this legislation and I pledge grants to States, private or public colleges The ‘‘Children’s Health Equity Act of to assist you in promoting this important or universities, fraternities, and sororities to 2003’’ addresses this inequity by allow- Bill. Your proposed legislation is the only assist them in providing fire sprinkler sys- ing those States, which had expanded real solution to the fire threat in student tems, or other fire suppression or prevention coverage to children up to 185 percent housing. Higher education cannot prepare technologies, for their student housing and of poverty by April 15, 1997, before the our young people to contribure to society if dormitories. enactment of CHIP, to be allowed to they do not survive the experience. ‘‘(b) MATCHING FUNDS REQUIREMENT.—The After thirteen years of being responsible Secretary may not award a grant under this also utilize their CHIP allotments for for fire protection at the University of North section unless the entity receiving the grant coverage of those children covered by Carolina—Chapel Hill, I am convinced that provides, from State, local, or private Medicaid above 133 percent of poverty— where students reside, alarms systems are sources, matching funds in an amount equal putting them on a more level field with not enough, clear exit ways are not enough, to not less than one-half of the cost of the all other States in the country. quick fire department response is not enough activities for which assistance is sought. As you know, in 1997 Congress and and educational programs are not enough. ‘‘SEC. 775. PROGRAM REQUIREMENTS. President Clinton agreed to establish The only way you can insure fire safety for ‘‘(a) APPLICATION.—Each entity desiring a college student housing is to place a fire grant under this part shall submit to the the State Children’s Health Insurance sprinkler system over them. Thank you for Secretary an application at such time and in Program, CHIP, and provide $48 billion recognizing the magnitude of this threat and such manner as the Secretary may require. over ten years as an incentive to for proposing a solution to it. ‘‘(b) PRIORITY.—In awarding grants under States to provide health care coverage Tell me how we can help. this part, the Secretary shall give priority to to uninsured, low-income children up Sincerely, applicants that demonstrate in the applica- 200 percent of poverty or beyond. DANIEL JONES, tion submitted under subsection (a) the in- Fire Chief. ability to fund the sprinkler system, or other During the negotiations of the Bal- S. 620 fire suppression or prevention technology, anced Budget Act, BBA, of 1997, Con- from sources other than funds provided Be it enacted by the Senate and House of Rep- gress and the Administration properly under this part. resentatives of the United States of America in recognized that certain States were al- ‘‘(c) LIMITATION ON ADMINISTRATIVE EX- Congress assembled, ready undertaking Medicaid or sepa- PENSES.—An entity that receives a grant SECTION 1. COLLEGE FIRE PREVENTION ASSIST- under this part shall not use more than 4 rate State-run expansions of coverage ANCE. percent of the grant funds for administrative to children up to 185 percent of poverty Title VII of the Higher Education Act of expenses. or above and that they would be al- 1965 (20 U.S.C. 1133 et seq.) is amended by ‘‘SEC. 776. DATA AND REPORT. lowed to use the new CHIP funding for adding at the end the following: ‘‘The Comptroller General shall— those purposes. The final bill specifi- ‘‘PART E—COLLEGE FIRE PREVENTION ‘‘(1) gather data on the number of college cally allowed the States of Florida, ASSISTANCE and university housing facilities and dor- New York, and Pennsylvania to con- ‘‘SEC. 771. SHORT TITLE. mitories that have and do not have fire vert their separate State-run programs ‘‘This part may be cited as the ‘College sprinkler systems and other fire suppression into CHIP expansions and States that Fire Prevention Act’. or prevention technologies; and ‘‘SEC 772. FINDINGS. ‘‘(2) report such data to Congress. had expanded coverage to children ‘‘Congress makes the following findings: ‘‘SEC. 777. ADMISSIBILITY. through Medicaid after March 31, 1997, ‘‘(1) On Wednesday, January 19, 2000, a fire ‘‘Notwithstanding any other provision of were also allowed to use CHIP funding occurred at a Seton Hall University dor- law, any application for assistance under for their expansions.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3739 Unfortunately, New Mexico and other Governors support providing additional scribed in this clause are expenditures for States that had enacted similar expan- funding flexibility to states that had such fiscal years for providing medical as- sions prior to March 1997 were denied already significantly expanded cov- sistance under title XIX to individuals who the use of CHIP funding for their ex- erage to the majority of uninsured have not attained age 19 and whose family income exceeds 133 percent of the poverty pansions. This created an inequity children in their states.’’ Consequently, the bill I am intro- line. among the States where some were al- ‘‘(iii) NO IMPACT ON DETERMINATION OF lowed to have their prior programs ducing today corrects this inequity. BUDGET NEUTRALITY FOR WAIVERS.—In the ‘‘grandfathered’’ into CHIP and others The bill reflects a carefully-crated re- case of a qualifying State that uses amounts were denied. Therefore, our bill ad- sponse to the unintended consequences paid under this subsection for expenditures dresses this inequity. of CHIP and brings much needed assist- described in clause (ii) that are incurred New Mexico has a strong record of at- ance to children currently uninsured in under a waiver approved for the State, any tempting to expand coverage to chil- my State and other similarly situated budget neutrality determinations with re- dren through the Medicaid program. In States, including Washington and spect to such waiver shall be determined 1995, prior to the enactment of CHIP, Vermont. without regard to such amounts paid. Rather than simply changing the ef- ‘‘(2) QUALIFYING STATE.—In this subsection, New Mexico expanded coverage to for the term ‘qualifying State’ means a State fective date included in the BBA that all children through age 18 through the that— Medicaid program up to 185 percent of helped a smaller subset of States, this ‘‘(A) as of April 15, 1997, has an income eli- poverty. After CHIP was passed, New initiative includes strong maintenance gibility standard with respect to any 1 or Mexico further expanded its coverage of effort language as well as incentives more categories of children (other than in- up to 235 percent of poverty—above the for our State to conduct outreach and fants) who are eligible for medical assistance level of the vast majority of states enrollment efforts and program sim- under section 1902(a)(10)(A) or under a waiver across the country. plification to find and enroll uninsured under section 1115 implemented on January Due to the inequity caused by CHIP, kids because we feel strongly that they 1, 1994, that is up to 185 percent of the pov- must receive the health coverage for erty line or above; and New Mexico has been allocated $266 ‘‘(B) satisfies the requirements described million from CHIP between fiscal years which they are eligible. in paragraph (3). 1998 and 2002, and yet, has only been The bill does not take money from ‘‘(3) REQUIREMENTS.—The requirements de- able to spend slightly over $26 million other States’ CHIP allotments. It sim- scribed in this paragraph are the following: as of the end of last fiscal year. In ply allows our States to spend our ‘‘(A) SCHIP INCOME ELIGIBILITY.—The State other words, New Mexico has been al- States’ specific CHIP allotments from has a State child health plan that (whether lowed to spend less than 10 percent of the Federal Government on our unin- implemented under title XIX or this title)— its federal CHIP allocations. sured children—just as other states ‘‘(i) as of January 1, 2001, has an income New Mexico is unable to spend its across the country are doing. eligibility standard that is at least 200 per- I ask unanimous consent that the cent of the poverty line or has an income eli- funding because it had enacted its ex- gibility standard that exceeds 200 percent of pansion of coverage to children up to text of the bill be printed in the the poverty line under a waiver under sec- 185 percent of poverty prior to the en- RECORD. tion 1115 that is based on a child’s lack of actment of CHIP and our State was not There being no objection, the bill was health insurance; ‘‘grandfathered’’ into CHIP as other ordered to be printed in the RECORD, as ‘‘(ii) subject to subparagraph (B), does not comparable states were. follows: limit the acceptance of applications for chil- The consequences for the children of S. 621 dren; and New Mexico are enormous. According Be it enacted by the Senate and House of Rep- ‘‘(iii) provides benefits to all children in the State who apply for and meet eligibility to the Census Bureau, New Mexico has resentatives of the United States of America in Congress assembled, standards on a statewide basis. an estimated 114,000 uninsured chil- ‘‘(B) NO WAITING LIST IMPOSED.—With re- dren. In other words, almost 21 percent SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Children’s spect to children whose family income is at of all the children in New Mexico are Health Equity Act of 2003’’. or below 200 percent of the poverty line, the uninsured, despite the fact the State SEC. 2. AUTHORITY FOR QUALIFYING STATES TO State does not impose any numerical limita- has expanded coverage up to 235 per- USE SCHIP FUNDS FOR MEDICAID tion, waiting list, or similar limitation on cent of poverty. This is the second EXPENDITURES. the eligibility of such children for child highest rate of uninsured children in Section 2105 of the Social Security Act (42 health assistance under such State plan. ‘‘(C) ADDITIONAL REQUIREMENTS.—The the country. U.S.C. 1397ee) is amended by adding at the end the following: State has implemented at least 3 of the fol- This is a result of the fact that an es- ‘‘(g) AUTHORITY FOR QUALIFYING STATES TO lowing policies and procedures (relating to timated 80 percent of the uninsured USE CERTAIN FUNDS FOR MEDICAID EXPENDI- coverage of children under title XIX and this children in New Mexico are below 200 TURES.— title): percent of poverty. These children are, ‘‘(1) STATE OPTION.— ‘‘(i) UNIFORM, SIMPLIFIED APPLICATION consequently, often eligible for Med- ‘‘(A) IN GENERAL.—Notwithstanding any FORM.—With respect to children who are eli- icaid but currently unenrolled. With other provision of law, with respect to fiscal gible for medical assistance under section the exception of those few children be- years in which allotments for a fiscal year 1902(a)(10)(A), the State uses the same uni- tween 185 and 200 percent of poverty under section 2104 (beginning with fiscal year form, simplified application form (including, 1998) are available under subsections (e) and if applicable, permitting application other who are eligible for CHIP funding, all (g) of that section, a qualifying State (as de- than in person) for purposes of establishing of the remaining uninsured children fined in paragraph (2)) may elect to use such eligibility for benefits under title XIX and below 185 percent of poverty in New allotments (instead of for expenditures under this title. Mexico are denied CHIP funding de- this title) for payments for such fiscal year ‘‘(ii) ELIMINATION OF ASSET TEST.—The spite their need. under title XIX in accordance with subpara- State does not apply any asset test for eligi- Exacerbating this inequity is the fact graph (B). bility under section 1902(l) or this title with that many States are accessing their ‘‘(B) PAYMENTS TO STATES.— respect to children. CHIP allotments to cover kids at pov- ‘‘(i) IN GENERAL.—In the case of a quali- ‘‘(iii) ADOPTION OF 12-MONTH CONTINUOUS EN- fying State that has elected the option de- ROLLMENT.—The State provides that eligi- erty levels far below New Mexico’s cur- scribed in subparagraph (A), subject to the bility shall not be regularly redetermined rent or past eligibility levels. The chil- total amount of funds described with respect more often than once every year under this dren in those States are certainly no to the State in subparagraph (A), the Sec- title or for children described in section more worthy of health insurance cov- retary shall pay the State an amount each 1902(a)(10)(A). erage than the children of New Mexico. quarter equal to the additional amount that ‘‘(iv) SAME VERIFICATION AND REDETERMINA- As the health policy statement by would have been paid to the State under title TION POLICIES; AUTOMATIC REASSESSMENT OF the National Governors’ Association XIX for expenditures of the State for the fis- ELIGIBILITY.—With respect to children who reads, ‘‘The Governors believe that it is cal year described in clause (ii) if the en- are eligible for medical assistance under sec- critical that innovative states not be hanced FMAP (as determined under sub- tion 1902(a)(10)(A), the State provides for ini- section (b)) had been substituted for the Fed- tial eligibility determinations and redeter- penalized for having expanded coverage eral medical assistance percentage (as de- minations of eligibility using the same to children before the enactment of S– fined in section 1905(b)) of such expenditures. verification policies (including with respect CHIP, which provides enhanced funding ‘‘(ii) EXPENDITURES DESCRIBED.—For pur- to face-to-face interviews), forms, and fre- to meet these goals. To this end, the poses of clause (i), the expenditures de- quency as the State uses for such purposes

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3740 CONGRESSIONAL RECORD — SENATE March 13, 2003 under this title, and, as part of such redeter- choice for many low and middle income Sec. 3. Treatment of inpatient psychiatric minations, provides for the automatic reas- families who have a child with special hospital services for individuals sessment of the eligibility of such children health care needs: they must choose under age 21 in home or com- for assistance under title XIX and this title. between work or impoverishment. Or, munity-based services waivers. ‘‘(v) OUTSTATIONING ENROLLMENT STAFF.— Sec. 4. Development and support of family- The State provides for the receipt and initial in the worst cases, parents consider the to-family health information processing of applications for benefits under devastating choice of relinquishing centers. this title and for children under title XIX at custody for an out-of-home placement Sec. 5. Restoration of medicaid eligibility facilities defined as disproportionate share so their child can obtain services they for certain SSI beneficiaries. hospitals under section 1923(a)(1)(A) and Fed- so desperately need. Truly, there is SEC. 2. OPPORTUNITY FOR FAMILIES OF DIS- erally-qualified health centers described in nothing more heartbreaking for a par- ABLED CHILDREN TO PURCHASE section 1905(l)(2)(B) consistent with section MEDICAID COVERAGE FOR SUCH ent than to be unable to provide for a CHILDREN. 1902(a)(55).’’. child in need. (a) STATE OPTION TO ALLOW FAMILIES OF By Mr. GRASSLEY (for himself, Consider the following example: Mr. DISABLED CHILDREN TO PURCHASE MEDICAID COVERAGE FOR SUCH CHILDREN.— Mr. KENNEDY, Mr. BAUCUS, Ms. and Mrs. Jones have two daughters, Heather and Hannah. Hannah was born (1) IN GENERAL.—Section 1902 (42 U.S.C. SNOWE, Mr. DASCHLE, Mr. 1396a) is amended— SMITH, Mr. KERRY, Mr. THOMAS, with cerebral palsy. The family earns (A) in subsection (a)(10)(A)(ii)— Mr. BINGAMAN, Mr. BUNNING, $29,000 a year and is insured through (i) by striking ‘‘or’’ at the end of subclause Mr. ROCKEFELLER, Mrs. LIN- employer sponsored health insurance. (XVII); COLN, Mr. JEFFORDS, Mr. ENZI, Mr. Jones recently lost his job because (ii) by adding ‘‘or’’ at the end of subclause (XVIII); and Mr. SARBANES, Mr. DOMENICI, of down-sizing. Last year, even with in- (iii) by adding at the end the following new Mr. JOHNSON, Mr. ENSIGN, Mrs. surance, the family spent nearly $9,000 on out-of-pocket medical expenses. Mr. subclause: MURRAY, Mr. HOLLINGS, Ms. ‘‘(XIX) who are disabled children described STABENOW, Mr. CORZINE, Mr. Jones has found a new job; unfortu- in subsection (cc)(1);’’; and BENNETT, Mr. SCHUMER, Mr. nately, the family’s insurance premium (B) by adding at the end the following new WARNER, Mr. REID, Mr. DEWINE, has risen to $200 a month and does not subsection: ‘‘(cc)(1) Individuals described in this para- Mr. REED, Ms. COLLINS, Mr. cover essential occupational and physical therapy. The family dipped into graph are individuals— MILLER, Mr. LUGAR, Mr. LIE- ‘‘(A) who have not attained 18 years of age; BERMAN, Mr. LEAHY, Mr. their 401K when Hannah was born. The family’s earnings minus the health ‘‘(B) who would be considered disabled CHAFEE, Mr. KOHL, Mr. GRAHAM under section 1614(a)(3)(C) but for having of South Carolina, Mr. care premiums, minus out of pocket ex- earnings or deemed income or resources (as EDWARDS, Mr. MCCAIN, Mr. penses puts this family at an annual determined under title XVI for children) that DORGAN, Mr. ROBERTS, Mr. income of $17,600. The federal poverty exceed the requirements for receipt of supplemental security income benefits; and DODD, Mr. DAYTON, Ms. CANT- level for a family of four is $18,400. This hard-working family is being impover- ‘‘(C) whose family income does not exceed WELL, Mr. BREAUX, Mr. BIDEN, such income level as the State establishes Ms. MIKULSKI, Mr. LEVIN, Ms. ished because of their commitment to care for their disabled child. and does not exceed— LANDRIEU, Mr. INOUYE, Mr. ‘‘(i) 250 percent of the income official pov- HARKIN, Mr. DURBIN, Mrs. CLIN- Over the past three years, I have erty line (as defined by the Office of Manage- TON, Mrs. BOXER, Mr. BAYH, and worked with Senator KENNEDY and ment and Budget, and revised annually in ac- Mr. AKAKA): Representative PETE SESSIONS to ad- cordance with section 673(2) of the Omnibus S. 622. A bill to amend title XIX of vance this important legislation on be- Budget Reconciliation Act of 1981) applicable the Social Security Act to provide fam- half of thousands of families who need to a family of the size involved; or ‘‘(ii) such higher percent of such poverty ilies of disabled children with the op- our help. Each year, more than 70 Sen- ators have signed on as co-sponsors of line as a State may establish, except that— portunity to purchase coverage under ‘‘(I) any medical assistance provided to an the medicaid program for such chil- the legislation. I understand the many individual whose family income exceeds 250 dren, and for other purposes; to the pressing challenges facing our nation’s percent of such poverty line may only be Committee on Finance. health care system, but I urge the Sen- provided with State funds; and Mr. GRASSLEY. Mr. President, Sen- ate to show its support for helping ‘‘(II) no Federal financial participation ator KENNEDY and I are happy to an- these families and pass the Family Op- shall be provided under section 1903(a) for nounce the introduction of the Family portunity Act this year. any medical assistance provided to such an Opportunity Act of 2003, a bill to pro- I ask unanimous consent that the individual.’’. text of the bill be printed in the (2) INTERACTION WITH EMPLOYER-SPONSORED mote family, work, and opportunity. FAMILY COVERAGE.—Section 1902(cc) (42 Every day, across the country, thou- RECORD. U.S.C. 1396a(cc)), as added by paragraph sands of families struggle to obtain af- There being no objection, the bill was (1)(B), is amended by adding at the end the fordable and appropriate health care ordered to be printed in the RECORD, as following new paragraph: coverage for children with special follows: ‘‘(2)(A) If an employer of a parent of an in- health care needs, including children S. 622 dividual described in paragraph (1) offers with conditions such as autism, mental family coverage under a group health plan Be it enacted by the Senate and House of Rep- (as defined in section 2791(a) of the Public retardation, cerebral palsy, develop- resentatives of the United States of America in Health Service Act), the State shall— mental delays, or mental illness. Congress assembled, ‘‘(i) require such parent to apply for, enroll Low and middle income parents who SECTION 1. SHORT TITLE; AMENDMENTS TO SO- in, and pay premiums for, such coverage as a have employer sponsored family health CIAL SECURITY ACT; TABLE OF CON- condition of such parent’s child being or re- care coverage often find that their pri- TENTS. maining eligible for medical assistance vate insurance doesn’t adequately (a) SHORT TITLE.—This Act may be cited as under subsection (a)(10)(A)(ii)(XIX) if the the ‘‘Family Opportunity Act of 2003’’ or the parent is determined eligible for such cov- cover the array of services that are ‘‘Dylan Lee James Act’’. critical to their child’s well-being, such erage and the employer contributes at least (b) AMENDMENTS TO SOCIAL SECURITY 50 percent of the total cost of annual pre- as mental health services, personal ACT.—Except as otherwise specifically pro- miums for such coverage; and care services, durable medical equip- vided, whenever in this Act an amendment is ‘‘(ii) if such coverage is obtained— ment, special nutritional supplements, expressed in terms of an amendment to or re- ‘‘(I) subject to paragraph (2) of section and respite care. Because Medicaid, our peal of a section or other provision, the ref- 1916(h), reduce the premium imposed by the nation’s health care program for low- erence shall be considered to be made to that State under that section in an amount that income individuals, offers the type of section or other provision of the Social Secu- reasonably reflects the premium contribu- rity Act. comprehensive care that best meets tion made by the parent for private coverage (c) TABLE OF CONTENTS.—The table of con- on behalf of a child with a disability; and the needs of children with disabilities, tents of this Act is as follows: it can become a lifeline on which many ‘‘(II) treat such coverage as a third party Sec. 1. Short title; amendments to Social liability under subsection (a)(25). parents depend. Security Act; table of contents. ‘‘(B) In the case of a parent to which sub- Yet, Medicaid is a safety net program Sec. 2. Opportunity for families of disabled paragraph (A) applies, a State, subject to and one must be impoverished in order children to purchase medicaid paragraph (1)(C)(ii), may provide for pay- to be eligible. This presents a terrible coverage for such children. ment of any portion of the annual premium

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3741 for such family coverage that the parent is (4) in paragraph (7)(A)— Secretary under section 502(a)(1) apply in the required to pay. Any payments made by the (A) by inserting ‘‘or would require inpa- same manner to funds made available to the State under this subparagraph shall be con- tient psychiatric hospital services for indi- Secretary under paragraph (1)(A). sidered, for purposes of section 1903(a), to be viduals under age 21,’’ after ‘‘intermediate ‘‘(5) For purposes of this subsection, the payments for medical assistance.’’. care facility for the mentally retarded,’’; and term ‘State’ means each of the 50 States and (b) STATE OPTION TO IMPOSE INCOME-RE- (B) by inserting ‘‘or who would require in- the District of Columbia.’’. LATED PREMIUMS.—Section 1916 (42 U.S.C. patient psychiatric hospital services for indi- SEC. 5. RESTORATION OF MEDICAID ELIGIBILITY 1396o) is amended— viduals under age 21’’ before the period. FOR CERTAIN SSI BENEFICIARIES. (1) in subsection (a), by striking ‘‘sub- (b) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—Section section (g)’’ and inserting ‘‘subsections (g) made by subsection (a) apply with respect to 1902(a)(10)(A)(i)(II) (42 U.S.C. and (h)’’; and medical assistance provided on or after Jan- 1396a(a)(10)(A)(i)(II)) is amended— (2) by adding at the end the following new uary 1, 2004. (1) by inserting ‘‘(aa)’’ after ‘‘(II)’’; subsection: SEC. 4. DEVELOPMENT AND SUPPORT OF FAM- (2) by striking ‘‘) and’’ and inserting ‘‘(h)(1) With respect to disabled children ILY-TO-FAMILY HEALTH INFORMA- ‘‘and’’; provided medical assistance under section TION CENTERS. (3) by striking ‘‘section or who are’’ and in- 1902(a)(10)(A)(ii)(XIX), subject to paragraph Section 501 (42 U.S.C. 701) is amended by serting ‘‘section), (bb) who are’’; and (2), a State may (in a uniform manner for adding at the end the following new sub- (4) by inserting before the comma at the such children) require the families of such section: end the following: ‘‘, or (cc) who are under 21 ‘‘(c)(1)(A) For the purpose of enabling the children to pay monthly premiums set on a years of age and with respect to whom sup- Secretary (through grants, contracts, or oth- sliding scale based on family income. plemental security income benefits would be erwise) to provide for special projects of re- ‘‘(2) A premium requirement imposed paid under title XVI if subparagraphs (A) and gional and national significance for the de- under paragraph (1) may only apply to the (B) of section 1611(c)(7) were applied without velopment and support of family-to-family regard to the phrase ‘the first day of the extent that— health information centers described in month following’ ’’. ‘‘(A) the aggregate amount of such pre- paragraph (2)— mium and any premium that the parent is (b) EFFECTIVE DATE.—The amendments ‘‘(i) there is appropriated to the Secretary, made by subsection (a) shall apply to med- required to pay for family coverage under out of any money in the Treasury not other- section 1902(cc)(2)(A)(i) does not exceed 5 per- ical assistance for items and services fur- wise appropriated— nished on or after the first day of the first cent of the family’s income; and ‘‘(I) $3,000,000 for fiscal year 2004; ‘‘(B) the requirement is imposed consistent calendar quarter that begins after the date ‘‘(II) $4,000,000 for fiscal year 2005; and of enactment of this Act. with section 1902(cc)(2)(A)(ii)(I). ‘‘(III) $5,000,000 for fiscal year 2006; and ‘‘(3) A State shall not require prepayment ‘‘(ii) there is authorized to be appropriated of a premium imposed pursuant to paragraph Mr. KENNEDY. Mr. President, it is to the Secretary, $5,000,000 for each of fiscal an honor to join my colleague Senator (1) and shall not terminate eligibility of a years 2007 and 2008. child under section 1902(a)(10)(A)(ii)(XIX) for ‘‘(B) Funds appropriated or authorized to GRASSLEY today in re-introducing the medical assistance under this title on the be appropriated under subparagraph (A) Family Opportunity Act of—so that basis of failure to pay any such premium shall— once and for all, we can remove the until such failure continues for a period of ‘‘(i) be in addition to amounts appropriated health care barriers for children with not less than 60 days from the date on which under subsection (a) and retained under sec- disabilities that so often prevent fami- the premium became past due. The State tion 502(a)(1) for the purpose of carrying out lies from staying together and staying may waive payment of any such premium in activities described in subsection (a)(2); and employed, and that so often prevent any case where the State determines that re- ‘‘(ii) remain available until expended. quiring such payment would create an undue ‘‘(2) The family-to-family health informa- their children from growing up to live hardship.’’. tion centers described in this paragraph are independent lives and become fully (c) CONFORMING AMENDMENTS.—Section centers that— contributing members of their commu- 1903(f)(4) (42 U.S.C. 1396b(f)(4)) is amended in ‘‘(A) assist families of children with dis- nities. the matter preceding subparagraph (A), by abilities or special health care needs to More than 9 percent of children in inserting ‘‘1902(a)(10)(A)(ii)(XIX),’’ after make informed choices about health care in this country have significant disabil- ‘‘1902(a)(10)(A)(ii)(XVIII),’’. order to promote good treatment decisions, ities, many of whom do not have access (d) EFFECTIVE DATE.—The amendments cost-effectiveness, and improved health out- made by this section shall apply to medical comes for such children; to the basic health services they need assistance for items and services furnished ‘‘(B) provide information regarding the to maintain their health status, let on or after October 1, 2005. health care needs of, and resources available alone prevent its continuing deteriora- SEC. 3. TREATMENT OF INPATIENT PSYCHIATRIC for, children with disabilities or special tion. To obtain theses health services HOSPITAL SERVICES FOR INDIVID- health care needs; for their children, families are being UALS UNDER AGE 21 IN HOME OR ‘‘(C) identify successful health delivery forced to become poor, stay poor, put COMMUNITY-BASED SERVICES WAIV- models for such children; their children in institutions or ever ERS. ‘‘(D) develop with representatives of health (a) IN GENERAL.—Section 1915(c) (42 U.S.C. care providers, managed care organizations, give up custody of their children—all 1396n(c)) is amended— health care purchasers, and appropriate so that their children can qualify for (1) in paragraph (1)— State agencies a model for collaboration be- the health coverage available under (A) in the first sentence, by inserting ‘‘, or tween families of such children and health Medicaid. would require inpatient psychiatric hospital professionals; In a recent survey of 20 States, fami- services for individuals under age 21,’’ after ‘‘(E) provide training and guidance regard- lies of special needs children report ‘‘intermediate care facility for the mentally ing caring for such children; they are turning down jobs, turning retarded’’; and ‘‘(F) conduct outreach activities to the (B) in the second sentence, by inserting ‘‘, down raises, turning down overtime, families of such children, health profes- and unable even to save money for the or would require inpatient psychiatric hos- sionals, schools, and other appropriate enti- pital services for individuals under age 21’’ ties and individuals; and future of their children and family—all before the period; ‘‘(G) are staffed by families of children so that their child can stay eligible for (2) in paragraph (2)(B), by striking ‘‘or with disabilities or special health care needs Medicaid through the Social Security services in an intermediate care facility for who have expertise in Federal and State pub- Income Program. The lack of adequate the mentally retarded’’ each place it appears lic and private health care systems and health care in our country today con- and inserting ‘‘services in an intermediate health professionals. care facility for the mentally retarded, or in- tinues to force these families into pov- ‘‘(3) The Secretary shall develop family-to- erty in order to obtain the care they patient psychiatric hospital services for indi- family health information centers described viduals under age 21’’; in paragraph (2) under this subsection in ac- need for their disabled children. (3) in paragraph (2)(C)— cordance with the following: The legislation we are reintroducing (A) by inserting ‘‘, or who are determined ‘‘(A) With respect to fiscal year 2004, such will close the health care gap for the to be likely to require inpatient psychiatric centers shall be developed in not less than 25 nation’s most vulnerable population, hospital services for individuals under age States. and enable families of disabled children 21,’’ after ‘‘, or intermediate care facility for ‘‘(B) With respect to fiscal year 2005, such to be equal partners in the American the mentally retarded’’; and centers shall be developed in not less than 40 dream. (B) by striking ‘‘or services in an inter- States. In the words of President George mediate care facility for the mentally re- ‘‘(C) With respect to fiscal year 2006, such Bush in his ‘‘New Freedom Initiative,’’ tarded’’ and inserting ‘‘services in an inter- centers shall be developed in not less than 50 mediate care facility for the mentally re- States and the District of Columbia. ‘‘To many Americans with disabilities tarded, or inpatient psychiatric hospital ‘‘(4) The provisions of this title that are remain trapped in bureaucracies of de- services for individuals under age 21’’; and applicable to the funds made available to the pendence, and are denied the access

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3742 CONGRESSIONAL RECORD — SENATE March 13, 2003 necessary for success—and we need to While premium conversion does not di- health benefits programs established by tear down these barriers. rectly affect the amount of the FEHBP chapter 55 of title 10, United States Code, for The Family Opportunity. Act will do premium, it helps to offset some of the the taxpayer and the taxpayer’s spouse and dependents. just that. It will tear down the unfair increase by reducing an individual’s ‘‘(b) COORDINATION WITH MEDICAL DEDUC- barriers to needed health care that so federal tax liability. TION.—Any amount allowed as a deduction many disabled and special needs chil- Extending this benefit to federal re- under subsection (a) shall not be taken into dren are denied. It will make health in- tirees requires a change in the tax law, account in computing the amount allowable surance coverage more widely avail- specifically Section 125 of the Internal to the taxpayer as a deduction under section able for children with significant dis- Revenue Code. This legislation makes 213(a).’’ (b) DEDUCTION ALLOWED WHETHER OR NOT abilities, through opportunities to buy- the necessary change in the tax code. INDIVIDUAL ITEMIZES OTHER DEDUCTIONS.— in to Medicaid at an affordable rate. Under the legislation, the benefit is Subsection (a) of section 62 of such Code is States will have greater flexibility to concurrently afforded to our Nation’s amended by inserting after paragraph (18) enable children with metal health dis- military retirees as well to assist with the following new paragraph: abilities to obtain the health services increasing health care costs. ‘‘(19) TRICARE SUPPLEMENTAL PREMIUMS OR they need in order to live at home and A number of organizations rep- ENROLLMENT FEES.—The deduction allowed in their communities. It will establish resenting Federal and military retirees by section 223.’’ (c) CLERICAL AMENDMENT.—The table of Family to Family Information Centers are strongly behind this initiative, in- sections for part VII of subchapter B of chap- in each state to assist families with cluding the National Association of Re- ter 1 of such Code is amended by striking the special needs children. tired Federal Employees, the Military last item and inserting the following new The passage of Work Incentives Im- Coalition, the Fleet Reserve Associa- items: provement Act in 1999 demonstrated tion, and the Association of the U.S. ‘‘Sec. 223. TRICARE supplemental premiums the nation’s commitment to give Army. or enrollment fees. adults with disabilities the right to I encourage my colleagues to support ‘‘Sec. 224. Cross reference.’’ lead independent and productive lives this critical legislation and show their (d) EFFECTIVE DATE.—The amendments without giving up their health care. It support for our Nation’s dedicated Fed- made by this section shall apply to taxable is time for Congress to show the same eral civilian and military retirees. I years beginning after the date of the enact- commitment to children with disabil- ask unanimous consent that the text of ment of this Act. ities. the bill be printed in the RECORD. SEC. 3. IMPLEMENTATION. We came very close to passing the There being no objection, the bill was (a) FEHBP PREMIUM CONVERSION OPTION FOR FEDERAL CIVILIAN RETIREES.—The Direc- Family Opportunity Act in the last ordered to be printed in the RECORD, as tor of the Office of Personnel Management Congress. I look forward to working follows: shall take such actions as the Director con- members of this new Congress to enact S. 623 siders necessary so that the option made pos- this important legislation, and give Be it enacted by the Senate and House of Rep- sible by section 125(g)(5)(A) of the Internal disabled children and their families resentatives of the United States of America in Revenue Code of 1986 shall be offered begin- their rightful opportunity to fulfill Congress assembled, ning with the first open enrollment period, their dreams and participate fully in SECTION 1. PRETAX PAYMENT OF HEALTH IN- afforded under section 8905(g)(1) of title 5, the life of our nation. SURANCE PREMIUMS BY FEDERAL United States Code, which begins not less CIVILIAN AND MILITARY RETIREES. than 90 days after the date of the enactment By Mr. WARNER (for himself and (a) IN GENERAL.—Subsection (g) of section of this Act. 125 of the Internal Revenue Code of 1986 (re- (b) TRICARE PREMIUM CONVERSION OPTION Ms. COLLINS): lating to cafeteria plans) is amended by add- FOR MILITARY RETIREES.—The Secretary of S. 623. A bill to amend the Internal ing at the end the following new paragraph: Defense, after consulting with the other ad- Revenue Code of 1986 to allow Federal ‘‘(5) HEALTH INSURANCE PREMIUMS OF FED- ministering Secretaries (as specified in sec- civilian and military retirees to pay ERAL CIVILIAN AND MILITARY RETIREES.— tion 1073 of title 10, United States Code), health insurance premiums on a pretax ‘‘(A) FEHBP PREMIUMS.—Nothing in this shall take such actions as the Secretary con- basis and to allow a deduction for section shall prevent the benefits of this sec- siders necessary so that the option made pos- TRICARE supplemental premiums; to tion from being allowed to an annuitant, as sible by section 125(g)(5)(B) of the Internal defined in paragraph (3) of section 8901, title Revenue Code of 1986 shall be offered begin- the Committee on Finance. ning with the first open enrollment period Mr. WARNER. Mr. President, today I 5, United States Code, with respect to a choice between the annuity or compensation afforded under health benefits programs es- am introducing legislation to provide referred to in such paragraph and benefits tablished under chapter 55 of such title, some relief for our Nation’s retired under the health benefits program estab- which begins not less than 90 days after the Federal employees from the severe in- lished by chapter 89 of such title 5. date of the enactment of this Act. creases in Federal Employee Health ‘‘(B) TRICARE PREMIUMS.—Nothing in this Benefit, FEHB, program premiums. section shall prevent the benefits of this sec- By Mr. BAUCUS (for himself and This measure extends premium conver- tion from being allowed to an individual re- Mr. LEVIN): S. 624. A bill to authorize the extension to federal and military retirees, ceiving retired or retainer pay by reason of sion of nondiscriminatory treatment allowing them to pay their health in- being a member or former member of the uniformed services of the United States with (normal trade relations treatment) to surance premiums with pre-tax dollars. respect to a choice between such pay and the products of the Russian Federa- Over 9 million Federal employees, re- benefits under the health benefits programs tion, and for other purposes; to the tirees and their families are covered established by chapter 55 of title 10, United Committee on Finance. under FEHBP. In 2003 premiums are ex- States Code.’’ Mr. BAUCUS. Mr. President, I rise pected to rise an average of 11 percent, (b) EFFECTIVE DATE.—The amendment today to introduce the U.S.-Russia made by this section shall apply to taxable the third year in a row the average in- Trade Act of 2003. crease has exceeded 10 percent. years beginning after the date of the enactment of this Act. This legislation would grant Perma- The increasing cost of health care is nent Normal Trade Relations to Rus- a critical issue, especially to retirees SEC. 2. DEDUCTION FOR TRICARE SUPPLE- MENTAL PREMIUMS. sia. However—and I want to be very living on a fixed income. The 2003 Cost (a) IN GENERAL.—Part VII of subchapter B clear about this point—this legislation of Living Adjustment, COLA, for Fed- of chapter 1 of the Internal Revenue Code of would also ensure that Congress re- eral civil service annuitants is only 1.4 1986 (relating to additional itemized deduc- tains proper oversight of negotiations percent, the lowest since a 1.3 percent tions for individuals) is amended by redesig- to bring Russia into the World Trade increase in 1999. The modest COLA is nating section 223 as section 224 and by in- Organization. completely diminished by increased serting after section 222 the following new Congress typically grants PNTR to a health care costs. section: Jackson-Vanik country only when that In the fall of 2000 premium conver- ‘‘SEC. 223. TRICARE SUPPLEMENTAL PREMIUMS country is about to join the WTO. This sion became available to current fed- OR ENROLLMENT FEES. ‘‘(a) ALLOWANCE OF DEDUCTION.—In the is, for example, exactly what Congress eral employees who participate in the case of an individual, there shall be allowed did when China joined the WTO. Federal Employees Health Benefits as a deduction the amounts paid during the The Administration and some of my Program. It is a benefit already avail- taxable year by the taxpayer for insurance colleagues have suggested that Con- able to many private sector employees. purchased as supplemental coverage to the gress should grant PNTR to Russia

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3743 prior to their joining the WTO. If we migration requirements, and other laws, reg- gagement with the Russian Federation, in- are going to do down this path, we ulations, and practices that interfere with cluding by— must ensure that there is adequate the activities or internal affairs of minority (1) urging the Russian Federation to en- Congressional oversight. religious communities; sure that its national, regional, and local (5) the Russian Federation has enacted leg- laws, regulations, practices, and policies This legislation would ensure Con- islation providing protection against dis- fully, and in conformity with the standards gressional involvement in the fol- crimination or incitement to violence of the OSCE— lowing way: after negotiations are against persons or groups based on national, (A) provide for the free emigration of its completed, Congress would be guaran- racial, ethnic, or religious discrimination, citizens; teed a vote on a resolution to dis- including anti-Semitism; (B) safeguard religious liberty throughout approve of Russia’s joining the WTO, if (6) the Russian Federation has committed the Russian Federation, including by ensur- such a resolution is introduced. itself, including through exchanges of let- ing that the registration of religious groups, ters, to ensuring freedom of religion, equal Congress has a key role to play in ne- visa and immigration requirements, and treatment of all religious groups, and com- other laws, regulations, and practices are gotiating an agreement on Russia’s en- bating racial, ethnic, and religious intoler- not used to interfere with the activities or tering the WTO. China’s WTO accession ance and hatred, including anti-Semitism; internal affairs of minority religious com- demonstrates this. The Administration (7) the Russian Federation has engaged in munities; was able to obtain a better deal with efforts to combat ethnic and religious intol- (C) enforce and enhance existing Russian China because of Congressional in- erance by cooperating with various United laws at the national and local levels to com- volvement. States nongovernmental organizations; bat ethnic, religious, and racial discrimina- (8) the Russian Federation is continuing tion and related violence; And there are some real concerns the restitution of religious properties, in- with Russia. The Russian government (D) expand the restitution of religious and cluding religious and communal properties communal properties, including by estab- has announced that it plans to add ad- confiscated from national and religious mi- lishing a legal framework for the timely ditional restrictions on imports of U.S. norities during the Soviet era, facilitating completion of such restitution; and agricultural products, including poul- the reemergence of these minority groups in (E) respect fully freedom of the press; try, pork, and beef. That’s unaccept- the national life of the Russian Federation, (2) working with the Russian Federation, able, and it is behavior that should not and has committed itself, including through including through the Secretary of Labor be rewarded. exchanges of letters, to continue the restitu- and other appropriate executive branch offi- tion of such properties; cials, to address the issues described in sec- I look forward to working with my (9) the Russian Federation has received colleagues to ensure that Congress con- tion 1(11); and normal trade relations treatment since con- (3) continuing rigorous monitoring by the tinues to have an important role in cluding a bilateral trade agreement with the United States of human rights issues in the Russia’s accession to the WTO. United States that entered into force on Russian Federation, including the issues de- I ask unanimous consent that the June 17, 1992; scribed in paragraphs (1) and (2), providing text of the legislation be printed in the (10) the Russian Federation is making assistance to nongovernmental organizations RECORD. progress toward accession to the World and human rights groups involved in human There being no objection, the bill was Trade Organization, recognizing that many rights activities in the Russian Federation, central issues remain to be resolved, includ- and promoting annual discussions and ongo- ordered to be printed in the RECORD, as ing removal of unjustified restrictions on ag- follows: ing dialog with the Russian Federation re- ricultural products of the United States, garding those issues, including the participa- S. 624 commitments relating to tariff reductions tion of United States and Russian non- Be it enacted by the Senate and House of Rep- for goods, trade in services, protection of in- governmental organizations in such discus- resentatives of the United States of America in tellectual property rights, reform of the in- sions. Congress assembled, dustrial energy sector, elimination of export SEC. 4. REPORTING REQUIREMENT. incentives for industrial goods, reform of SECTION 1. FINDINGS. The reports required by sections 102(b) and customs procedures and technical, sanitary, The Congress finds that— 203 of the International Religious Freedom and phytosanitary measures, and inclusion (1) the Russian Federation has adopted Act of 1998 (22 U.S.C. 6412(b) and 6433) shall of trade remedy provisions; constitutional protections and statutory and include an assessment of the status of the (11) the Russian Federation has enacted administrative procedures that accord its issues described in subparagraphs (A) some protections reflecting internationally citizens the right and opportunity to emi- through (D) of section 3(1). recognized labor rights, but serious gaps re- grate, free of anything more than a nominal main both in the country’s legal regime and SEC. 5. CONTINUED ENJOYMENT OF RIGHTS tax on emigration or on the visas or other UNDER THE JUNE 17, 1992, BILAT- its enforcement record; documents required for emigration and free ERAL TRADE AGREEMENT. (12) the Russian Federation has provided of any tax, levy, fine, fee, or other charge on (a) FINDING.—The Congress finds that the constitutional guarantees of freedom of the any citizens as a consequence of the desire of trade agreement between the United States press, although infringements of this free- such citizens to emigrate to the country of and the Russian Federation that entered dom continue to occur; and their choice or to return to the Russian Fed- into force on June 17, 1992, remains in force (13) the Russian Federation has dem- eration; between the 2 countries and provides the onstrated a strong desire to build a friendly (2) the Russian Federation has been found United States with important rights, includ- and cooperative relationship with the United to be in full compliance with the freedom of ing the right to use specific safeguard rules States. emigration requirements under title IV of to respond to import surges from the Rus- the Trade Act of 1974 since 1994; SEC. 2. TERMINATION OF APPLICATION OF TITLE sian Federation. IV OF THE TRADE ACT OF 1974 TO (3) the Russian Federation has taken im- THE RUSSIAN FEDERATION. (b) APPLICABILITY OF SAFEGUARD.—Section portant steps toward the creation of demo- (a) PRESIDENTIAL DETERMINATIONS AND EX- 421 of the Trade Act of 1974 (19 U.S.C. 2451) cratic institutions and a free-market econ- TENSIONS OF NONDISCRIMINATORY TREAT- shall apply to the Russian Federation to the omy and, as a participating state of the Or- MENT.—Notwithstanding any provision of same extent as such section applies to the ganization for Security and Cooperation in title IV of the Trade Act of 1974 (19 U.S.C. People’s Republic of China. Europe (in this Act referred to as the 2431 et seq.), the President may— SEC. 6. EXERCISE OF CONGRESSIONAL OVER- ‘‘OSCE’’), is committed to developing a sys- (1) determine that such title should no SIGHT OVER WTO ACCESSION NEGO- tem of governance in accordance with the longer apply to the Russian Federation; and TIATIONS. principles regarding human rights and hu- (2) after making a determination under (a) NOTICE OF AGREEMENT ON ACCESSION TO manitarian affairs that are set forth in the paragraph (1) with respect to the Russian WTO BY RUSSIAN FEDERATION.—Not later Final Act of the Conference on Security and Federation, proclaim the extension of non- than 5 days after the date on which the Cooperation in Europe (also known as the discriminatory treatment (normal trade re- United States has entered into a bilateral ‘‘Helsinki Final Act’’) and successive docu- lations treatment) to the products of that agreement with the Russian Federation on ments; country. the terms of accession by the Russian Fed- (4) the Russian Federation is committed to (b) TERMINATION OF APPLICATION OF TITLE eration to the World Trade Organization, the addressing issues relating to its national and IV.—On and after the effective date of the President shall so notify the Congress, and religious minorities as a participating state extension under subsection (a)(2) of non- the President shall transmit to the Congress, of the OSCE, to adopting measures to ensure discriminatory treatment to the products of not later than 15 days after that agreement that persons belonging to national minori- the Russian Federation, chapter 1 of title IV is entered into, a report that sets forth the ties have full equality both individually and of the Trade Act of 1974 shall cease to apply provisions of that agreement. communally, and to respecting the independ- to that country. (b) RESOLUTION OF DISAPPROVAL.— ence of minority religious communities, al- SEC. 3. POLICY OF THE UNITED STATES. (1) INTRODUCTION.—If a resolution of dis- though problems still exist regarding the It is the policy of the United States to re- approval is introduced in the House of Rep- registration of religious groups, visa, and im- main fully committed to a multifaceted en- resentatives or the Senate during the 30-day

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3744 CONGRESSIONAL RECORD — SENATE March 13, 2003 period (not counting any day which is ex- abilities Education Act, IDEA, this special education teachers are leaving cluded under section 154(b) of the Trade Act year. As we consider this legislation, the profession at almost twice the rate of 1974 (19 U.S.C. 2194(b)), beginning on the our greatest responsibility is to im- of general educators. Statistics con- date on which the President first notifies the prove the quality of the education that cerning the amount of time special Congress under subsection (a) of the agree- education teachers spend completing ment referred to in that subsection, that res- students with special needs receive. olution of disapproval shall be considered in One of the problems fostered by the paperwork are telling. 53 percent of accordance with this subsection. current system, which stands in direct special education teachers report that (2) RESOLUTION OF DISAPPROVAL.—In this contrast to our purpose, is the exces- routine duties and paperwork interfere subsection, the term ‘‘resolution of dis- sive paperwork burden imposed on our with their job to a great extent. They approval’’ means only a joint resolution of special education teachers. This burden spend an average of five hours per week the two Houses of the Congress, the matter takes valuable time away from class- on paperwork, compared to general after the resolving clause of which is as fol- room instruction and is a source of on- education teachers who spend an aver- lows: ‘‘That the Congress does not approve going frustration for the special edu- age of two hours per week. More than the agreement between the United States cation teachers working on the 60 percent of special education teachers and the Russian Federation on the terms of spend a half to one and a half days a accession by the Russian Federation to the frontlines. As a result, this undermines World Trade Organization, of which Congress the goal of providing the best quality week completing paperwork. One of the was notified on ll.’’, with the blank space education possible to all children. The biggest sources of paperwork, the indi- being filled with the appropriate date. Teacher Paperwork Reduction Act ad- vidualized education program, IEP, (3) PROCEDURES FOR CONSIDERING RESOLU- dresses this problem and seeks to offer averages between 8 and 16 pages long, TIONS.— solutions that will benefit special edu- and 83 percent of special education (A) INTRODUCTION AND REFERRAL.—Resolu- cation teachers and most importantly teachers report spending from a half to tions of disapproval— the children they instruct. one and a half days each week in IEP- (i) in the House of Representatives— relating meetings. (I) may be introduced by any Member of This bipartisan legislation includes four main provisions to correct the One special education teacher ex- the House; pressed her frustration with excessive (II) shall be referred to the Committee on problem of burdensome paperwork. Ways and Means and, in addition, to the First, the Department of Education, in paperwork to me. ‘‘I began my profes- Committee on Rules; and cooperation with state and local edu- sional career as a lawyer, but found (III) may not be amended by either Com- cational agencies, would be required to that I had a passion for interacting mittee; and reduce the amount of paperwork by 50 with and helping students and became (ii) in the Senate— percent within 18 months of enactment a teacher. However, I decided last year (I) may be introduced by any Member of that I could no longer work with spe- of the legislation and would be encour- the Senate; cial education students from my dis- aged to make additional reductions. (II) shall be referred to the Committee on trict. I came this decision reluctantly Second, the General Accounting Office, Finance; and and solely on the basis of the increas- GAO, would conduct a study to deter- (III) may not be amended. ing and burdensome amount of paper- (B) COMMITTEE DISCHARGE AND FLOOR CON- mine how much of the paperwork bur- work required for special education SIDERATION.—The provisions of subsections den is caused by Federal regulations (c) through (f) of section 152 of the Trade Act summer services. As a teacher, your compared to State and local regula- job is to interact, teach, and partici- of 1974 (19 U.S.C. 2192(c) through (f)) (relating tions; the number of mediations that to committee discharge and floor consider- pate in a student’s learning experience, ation of certain resolutions in the House and have been conducted since mediations in particular that of a student of spe- Senate) apply to a resolution of disapproval were required to be made available cial needs. As a result of the paperwork to the same extent as such subsections apply under the 1997 IDEA amendments; the and fear of lawsuits by school districts, to resolutions under such section. use of technology in reducing the pa- I am no longer able to interact with (c) RULES OF HOUSE OF REPRESENTATIVES perwork burden; and GAO would make my students.’’ AND SENATE.—Subsection (b) is enacted by recommendations on steps that Con- the Congress— There are three primary factors asso- gress, the U.S. Department of Edu- ciated with burdensome paperwork. (1) as an exercise of the rulemaking power cation, and the States and local dis- of the House of Representatives and the Sen- The first factor is federal regulations. ate, respectively, and as such are deemed a tricts can take to reduce this burden The 1997 IDEA regulations set forth the part of the rules of each House, respectively, within six months of the passage of necessary components of the IEP and and such procedures supersede other rules this legislation. require teachers to complete an array only to the extent that they are inconsistent Third, mediation would be manda- of paperwork in addition to the IEP. with such other rules; and tory for all legal disputes related to In- According to the National School (2) with the full recognition of the con- dividual Education Programs, IEPs, to Boards Association, NSBA, ‘‘These re- stitutional right of either House to change better empower parents and schools to quirements result in consuming sub- the rules (so far as relating to the procedures focus resources on a quality education of that House) at any time, in the same man- stantial hours per child and cumula- ner, and to the same extent as any other rule for children rather than unnecessary tively are having a negative impact on of that House. litigation within one year of enact- special educators and their function.’’ ment of this legislation. Fourth, the Second, there are misconceptions at By Mr. SANTORUM (for himself Department of Education is directed to the state and local levels regarding and Mr. MILLER): conduct research to determine best Federal regulations that result in addi- S. 626. A bill to reduce the amount of practices for successful mediation, in- tional requirements imposed by the paperwork for special education teach- cluding training practices, that can States and local school districts. The ers, to make mediation mandatory for help contribute to the effort to reduce U.S. Department of Education com- all legal disputes related to individual- paperwork, improve student outcomes, piled a sample IEP with all the nec- ized education programs, and for other and free up teacher resources for teach- essary components, and it is five pages purposes; to the Committee on Health, ing. The Department would also prolong. However, most IEPs are much Education, Labor, and Pensions. vide mediation training support serv- longer. The third factor is litigation Mr. SANTORUM. Mr. President, ices to support state and local efforts. and the threat of litigation. In order to today, I am pleased to introduce, along The resources to fund these require- be prepared for due process hearings with my colleague Senator MILLER, the ments would come from money appro- and court proceedings, school district bipartisan Teacher Paperwork Reduc- priated through Part D of IDEA. officials often require extensive docu- tion Act of 2003. During the 107th Con- The Council for Exceptional Chil- mentation so that they are able to gress, we were successful in legislating dren, CEO, states, ‘‘No barrier is so irk- prove that a free appropriate public sweeping reforms in education with the some to special educators as the paper- education, FAPE, was provided to the passage of the No Child Left Behind work that keeps them from teaching.’’ special education student. Act. This year we hope to complete re- According to a CEC report, concerns A key provision of the bill makes me- authorization of another important about paperwork ranked third among diation mandatory for all legal dis- federal education initiative—the reau- special education teachers, out of a list putes related to IEPs. There are sev- thorization of the Individuals with Dis- of 10 issues. The CEC also reports that eral benefits to using mediation as an

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3745 alternative to due process hearings and cards, and fund transfers for unlawful ‘‘(E) does not include— court proceedings. According to the Internet gambling, and for other pur- ‘‘(i) any activity governed by the securities Consortium for Appropriate Dispute poses; to the Committee on Banking, laws (as that term is defined in section Resolution in Special Education, Housing, and Urban Affairs. 3(a)(47) of the Securities Exchange Act of CADRE, mediation is a constructive Mr. KYL. Mr. President, I ask unani- 1934) for the purchase or sale of securities (as that term is defined in section 3(a)(10) of option for children, parents, and teach- mous consent that the text of the bill such Act); ers and allows families to maintain a be printed in the RECORD. ‘‘(ii) any transaction conducted on or sub- positive relationship with teachers and There being no objection, the bill was ject to the rules of a registered entity or ex- service providers. Parents have the ordered to be printed in the RECORD, as empt board of trade pursuant to the Com- benefit of working together with edu- follows: modity Exchange Act; cator and service providers as partners S. 627 ‘‘(iii) any over-the-counter derivative instrument; instead of as adversaries. If an agree- Be it enacted by the Senate and House of Rep- ment cannot be reached as a result of resentatives of the United States of America in ‘‘(iv) any other transaction that— mediation, parties to the dispute would Congress assembled, ‘‘(I) is excluded or exempt from regulation under the Commodity Exchange Act; or retain existing due process and legal SECTION 1. SHORT TITLE. ‘‘(II) is exempt from State gaming or buck- This Act may be cited as the ‘‘Unlawful options. et shop laws under section 12(e) of the Com- Internet Gambling Funding Prohibition Mediation is also a much less costly, modity Exchange Act or section 28(a) of the Act’’. less time consuming alternative for all Securities Exchange Act of 1934; parties concerned. Parents do not have SEC. 2. FINDINGS. ‘‘(v) any contract of indemnity or guar- to pay for mediation sessions, because Congress finds that— antee; under the 1997 IDEA amendments, (1) Internet gambling is primarily funded ‘‘(vi) any contract for insurance; States are required to bear the cost for through personal use of payment system in- ‘‘(vii) any deposit or other transaction mediation. States and local districts struments, credit cards, and wire transfers; with an insured institution; (2) the National Gambling Impact Study ‘‘(viii) any participation in a simulation save a lot of money as well. According Commission in 1999 recommended the pas- to the Michigan Special Education Me- sports game, or an educational game or con- sage of legislation to prohibit wire transfers test, that— diation Program, MSEMP, the average to Internet gambling sites or the banks ‘‘(I) is not dependent solely on the outcome hearing cost to the state is $40,000; it which represent them; of any single sporting event or nonpartici- pays approximately $700 per mediation (3) Internet gambling is a growing cause of pant’s singular individual performance in session. The NSBA reports that attor- debt collection problems for insured deposi- any single sporting event; ney fees for school districts average be- tory institutions and the consumer credit in- ‘‘(II) has an outcome that reflects the rel- tween $10,000 to $25,000. In contrast, the dustry; ative knowledge and skill of the partici- (4) Internet gambling conducted through Pennsylvania Bureau of Education says pants, with such outcome determined pre- offshore jurisdictions has been identified by dominantly by accumulated statistical re- that it pays mediators $250 per session. United States law enforcement officials as a The cost effectiveness of mediation is sults of sporting events; and significant money laundering vulnerability; ‘‘(III) offers a prize or award to a partici- apparent. Not only does mediation save (5) gambling through the Internet, which pant that is established in advance of the money, it saves time as well. According has grown rapidly in the half-decade pregame or contest and is not determined by to the Washington State Department ceding the enactment of this Act, opens up the number of participants or the amount of of Education, a mediation session may the possibility of immediate, individual, 24- any fees paid by those participants; or generally be scheduled within 14 days hour access in every home to the full range ‘‘(ix) any lawful transaction with a busi- of a parental request, whereas it may of wagering opportunities on sporting events ness licensed or authorized by a State. or casino-like contests, such as roulette, slot ‘‘(2) BUSINESS OF BETTING OR WAGERING.— take up to a year to secure a court machines, poker, or black-jack; and date. The term ‘business of betting or wagering’ (6) the extent to which gambling is per- does not include, other than for purposes of Most importantly, mediation is a mitted and regulated in the United States successful alternative to due process section 5366, any creditor, credit card issuer, has been primarily a matter for determina- insured institution, or other financial insti- hearings. At least some form of agree- tion by individual States and, if applicable, tution, operator of a terminal at which an ment is reached in 80 percent of ses- Indian tribes, with Federal law serving to electronic fund transfer may be initiated, sions nationwide. In Pennsylvania, 85 prevent interstate or other attempts to money transmitting business, or inter- percent of voluntary special education evade or avoid such determinations. national, national, regional, or local net- mediations end in agreement in which SEC. 3. PROHIBITION ON ACCEPTANCE OF ANY work utilized to effect a credit transaction, both parties are satisfied. According to PAYMENT SYSTEM INSTRUMENT, electronic fund transfer, stored value prod- CREDIT CARD, OR FUND TRANSFER uct transaction, or money transmitting serv- the New York State Dispute Resolu- FOR UNLAWFUL INTERNET GAM- tion Association, mediation ending in BLING. ice, or any participant in such network, or resolution of the conflict occurs for 75 Chapter 53 of title 31, United States Code, any interactive computer service or telecommunications service. percent of referrals, and in Wisconsin, is amended by adding at the end the following: ‘‘(3) DESIGNATED PAYMENT SYSTEM.—The approximately 84 percent of those who term ‘designated payment system’ means chose mediation would use it again. ‘‘SUBCHAPTER IV—FUNDING OF any system utilized by any creditor, credit The Teacher Paperwork Reduction ILLEGAL INTERNET GAMBLING card issuer, financial institution, operator of Act is meant to alleviate a serious ‘‘§ 5361. Definitions a terminal at which an electronic fund trans- problem that causes frustration and ‘‘For purposes of this subchapter, the fol- fer may be initiated, money transmitting discouragement among dedicated spe- lowing definitions shall apply: business, or international, national, re- cial education teachers who expend en- ‘‘(1) BET OR WAGER.—The term ‘bet or gional, or local network utilized to effect a ergy and countless hours in order to wager’— credit transaction, electronic fund transfer, ‘‘(A) means the staking or risking by any stored value product transaction, or money give students with disabilities an equal person of something of value upon the out- transmitting service, or any participant in opportunity to learn. It is only fair and come of a contest of others, a sporting event, such network, that the Secretary, in con- right to find ways to reduce paperwork or a game subject to chance, upon an agree- sultation with the Board of Governors of the in order to give teachers more time to ment or understanding that the person or an- Federal Reserve System and the Attorney spend educating our students and other person will receive something of value General of the United States, determines, by changing their lives, and less time wad- in the event of a certain outcome; regulation or order, could be utilized in con- ing through stacks of paper. I would in- ‘‘(B) includes the purchase of a chance or nection with, or to facilitate, any restricted vite my colleagues to join us in cospon- opportunity to win a lottery or other prize transaction. soring this legislation to help teachers, (which opportunity to win is predominantly ‘‘(4) INTERNET.—The term ‘Internet’ means subject to chance); the international computer network of inter- schools, and parents provide a better ‘‘(C) includes any scheme of a type de- operable packet switched data networks. education for all students so that no scribed in section 3702 of title 28, United ‘‘(5) INTERACTIVE COMPUTER SERVICE.—The child is left behind. States Code; term ‘interactive computer service’ has the ‘‘(D) includes any instructions or informa- same meaning as in section 230(f) of the Com- By Mr. KYL (for himself, Mr. tion pertaining to the establishment or munications Act of 1934. SHELBY, and Mrs. FEINSTEIN): movement of funds in, to, or from an account ‘‘(6) OFFICE.—The term ‘Office’ means the S. 627. A bill to prevent the use of by the bettor or customer with regard to the Office of Electronic Funding Oversight, es- certain payments instruments, credit business of betting or wagering; and tablished under section 5362.

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‘‘(7) RESTRICTED TRANSACTION.—The term identify restricted transactions by means of ‘‘(1) credit, or the proceeds of credit, ex- ‘restricted transaction’ means any trans- codes in authorization messages or by other tended to or on behalf of such other person action or transmittal involving any credit, means; (including credit extended through the use of funds, instrument, or proceeds described in ‘‘(2) block restricted transactions identi- a credit card); any paragraph of section 5363 which the re- fied as a result of the policies and procedures ‘‘(2) an electronic fund transfer or funds cipient is prohibited from accepting under developed pursuant to paragraph (1); and transmitted by or through a money trans- section 5363. ‘‘(3) prevent the acceptance of the products mitting business, or the proceeds of an elec- ‘‘(8) SECRETARY.—The term ‘Secretary’ or services of the payment system in connec- tronic fund transfer or money transmitting means the Secretary of the Treasury. tion with a restricted transaction. service, from or on behalf of such other per- ‘‘(9) UNLAWFUL INTERNET GAMBLING.—The ‘‘(c) REQUIREMENTS FOR POLICIES AND PRO- son; term ‘unlawful Internet gambling’ means the CEDURES.—In prescribing regulations pursu- ‘‘(3) any check, draft, or similar instru- placing, receipt, or other transmission of a ant to subsection (b), the Office shall— ment which is drawn by or on behalf of such bet or wager by any means which involves ‘‘(1) identify types of policies and proce- other person and is drawn on or payable at or the use, at least in part, of the Internet, dures, including nonexclusive examples, through any financial institution; or where such bet or wager is unlawful under which would be deemed to be ‘reasonably de- ‘‘(4) the proceeds of any other form of fi- any applicable Federal or State law in the signed to identify’ and ‘reasonably designed nancial transaction, as the Secretary may State in which the bet or wager is initiated, to block’ or to ‘prevent the acceptance of the prescribe by regulation, which involves a fi- received, or otherwise made. products or services’ with respect to each nancial institution as a payor or financial ‘‘(10) OTHER TERMS.— type of transaction, such as, should credit intermediary on behalf of or for the benefit ‘‘(A) CREDIT; CREDITOR; CREDIT CARD; AND card transactions be so designated, identi- of such other person. CARD ISSUER.—The terms ‘credit’, ‘creditor’, fying transactions by a code or codes in the ‘‘§ 5364. Civil remedies ‘credit card’, and ‘card issuer’ have the same authorization message and denying author- ‘‘(a) JURISDICTION.—The district courts of meanings as in section 103 of the Truth in ization of a credit card transaction in re- the United States shall have original and ex- Lending Act. sponse to an authorization message; clusive jurisdiction to prevent and restrain ‘‘(B) ELECTRONIC FUND TRANSFER.—The ‘‘(2) to the extent practical, permit any violations of this subchapter or the rules or term ‘electronic fund transfer’— participant in a payment system to choose regulations issued under this subchapter by ‘‘(i) has the same meaning as in section 903 among alternative means of identifying and issuing appropriate orders in accordance of the Electronic Fund Transfer Act, except blocking, or otherwise preventing the ac- with this section, regardless of whether a that such term includes transfers that would ceptance of the products or services of the prosecution has been initiated under this otherwise be excluded under section 903(6)(E) payment system or participant in connection subchapter. of that Act; and with, restricted transactions; and ‘‘(b) PROCEEDINGS.— ‘‘(ii) includes any fund transfer covered by ‘‘(3) consider exempting restricted trans- ‘‘(1) INSTITUTION BY FEDERAL GOVERN- Article 4A of the Uniform Commercial Code, actions from any requirement imposed under MENT.— as in effect in any State. such regulations, if the Office finds that it is ‘‘(A) IN GENERAL.—The United States, act- ‘‘(C) FINANCIAL INSTITUTION.—The term ‘fi- not reasonably practical to identify and ing through the Attorney General, or, in the nancial institution’ has the same meaning as block, or otherwise prevent, such trans- case of rules or regulations issued under this in section 903 of the Electronic Fund Trans- actions. subchapter, through an agency authorized to fer Act, except that such term does not in- ‘‘(d) COMPLIANCE WITH PAYMENT SYSTEM enforce such regulations in accordance with clude a casino, sports book, or other business POLICIES AND PROCEDURES.—A creditor, cred- this subchapter, may institute proceedings at or through which bets or wagers may be it card issuer, financial institution, operator under this section to prevent or restrain a placed or received. of a terminal at which an electronic fund violation or a threatened violation of this ‘‘(D) INSURED INSTITUTION.—The term ‘in- transfer may be initiated, money transmit- subchapter or such rules or regulations. sured institution’ means— ting business, or international, national, re- ‘‘(B) RELIEF.—Upon application of the ‘‘(i) an insured depository institution, as gional, or local network utilized to effect a United States under this paragraph, the dis- defined in section 3 of the Federal Deposit credit transaction, electronic fund transfer, trict court may enter a preliminary injunc- Insurance Act; and stored value product transaction, or money tion or an injunction against any person to ‘‘(ii) an insured credit union, as defined in transmitting service, or a participant in prevent or restrain a violation or threatened section 101 of the Federal Credit Union Act. such network, shall be considered to be in violation of this subchapter or the rules or ‘‘(E) MONEY TRANSMITTING BUSINESS AND compliance with the regulations prescribed regulations issued under this subchapter, in MONEY TRANSMITTING SERVICE.—The terms under subsection (b), if— accordance with rule 65 of the Federal Rules ‘money transmitting business’ and ‘money ‘‘(1) such person relies on and complies of Civil Procedure. transmitting service’ have the same mean- with the policies and procedures of a des- ‘‘(2) INSTITUTION BY STATE ATTORNEY GEN- ings as in section 5330(d) (determined with- ignated payment system of which it is a ERAL.— out regard to any regulations issued by the member or participant— ‘‘(A) IN GENERAL.—The attorney general of Secretary thereunder). ‘‘(A) to identify and block restricted trans- a State (or other appropriate State official) ‘‘§ 5362. Office of electronic funding oversight; actions; or in which a violation of this subchapter alleg- policies and procedures to identify and pre- ‘‘(B) to otherwise prevent the acceptance edly has occurred or will occur may institute vent restricted transactions of the products or services of the payment proceedings under this section to prevent or ‘‘(a) ESTABLISHMENT OF TREASURY OF- system, member, or participant in connec- restrain the violation or threatened viola- FICE.— tion with restricted transactions; and tion. ‘‘(1) IN GENERAL.—There is established ‘‘(2) such policies and procedures of the ‘‘(B) RELIEF.—Upon application of the at- within the Department of the Treasury, the designated payment system comply with the torney general (or other appropriate State Office of Electronic Funding Oversight, the requirements of regulations prescribed under official) of an affected State under this para- purposes of which are— subsection (b). graph, the district court may enter a pre- ‘‘(A) to coordinate Federal efforts to pro- ‘‘(e) NO LIABILITY FOR BLOCKING OR REFUS- liminary injunction or an injunction against hibit restricted transactions; and ING TO HONOR RESTRICTED TRANSACTIONS.—A any person to prevent or restrain a violation ‘‘(B) otherwise to carry out the duties of person that is subject to a regulation pre- or threatened violation of this subchapter, in the Office, as specified in this subchapter. scribed or order issued under this subchapter accordance with rule 65 of the Federal Rules and blocks, or otherwise refuses to honor, a ‘‘(2) DIRECTOR.—The Office shall be headed of Civil Procedure. by a Director, appointed by the Secretary. restricted transaction, or as a member of a ‘‘(3) INDIAN LANDS.— The director of the Office may serve as the designated payment system relies on the ‘‘(A) IN GENERAL.—Notwithstanding para- designee of the Secretary, at the request of policies and procedures of the payment sys- graphs (1) and (2), for a violation of this sub- tem, in an effort to comply with regulations the Secretary, for any purpose under this chapter or the rules or regulations issued prescribed under this section, shall not be subchapter. under this subchapter that is alleged to have liable to any party for such action. ‘‘(b) REGULATIONS.—Not later than 6 occurred, or may occur, on Indian lands (as ‘‘(f) REGULATORY ENFORCEMENT.—Regula- months after the date of enactment of this that term is defined in section 4 of the In- subchapter, the Office, in consultation with tions issued by the Office under this sub- dian Gaming Regulatory Act)— the Board of Governors of the Federal Re- chapter shall be enforced by the Federal ‘‘(i) the United States shall have the en- serve System and the Attorney General of functional regulators and the Federal Trade forcement authority provided under para- the United States, shall prescribe regula- Commission, in the manner provided in sec- graph (1); and tions requiring any designated payment sys- tion 505(a) of the Gramm-Leach-Bliley Act. ‘‘(ii) the enforcement authorities specified tem, and all participants therein, to estab- ‘‘§ 5363. Prohibition on acceptance of any in an applicable Tribal-State compact nego- lish policies and procedures reasonably de- bank instrument for unlawful internet tiated under section 11 of the Indian Gaming signed to identify and prevent restricted gambling Regulatory Act shall be carried out in ac- transactions through the establishment of ‘‘No person engaged in the business of bet- cordance with that compact. policies and procedures that— ting or wagering may knowingly accept, in ‘‘(B) RULE OF CONSTRUCTION.—No provision ‘‘(1) allow the payment system and any connection with the participation of another of this subchapter shall be construed as al- person involved in the payment system to person in unlawful Internet gambling— tering, superseding, or otherwise affecting

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3747 the application of the Indian Gaming Regu- ‘‘(2) the history of such person in extending or at which unlawful bets or wagers are of- latory Act. credit or transmitting funds when such per- fered to be placed, received, or otherwise ‘‘(c) EXPEDITED PROCEEDINGS.—In addition son knew or should have known that the made.’’. to any proceeding under subsection (b), a dis- transaction is in connection with unlawful SEC. 4. INTERNET GAMBLING IN OR THROUGH trict court may, in exigent circumstances, Internet gambling; FOREIGN JURISDICTIONS. enter a temporary restraining order against ‘‘(3) the extent to which such person has (a) IN GENERAL.—In deliberations between a person alleged to be in violation of this established and is maintaining policies and the United States Government and any other subchapter or the rules or regulations issued procedures in compliance with rules and reg- country on money laundering, corruption, under this subchapter, upon application of ulations issued under this subchapter; and crime issues, the United States Govern- the United States under subsection (b)(1), or ‘‘(4) the extent to which it is feasible for ment should— the attorney general (or other appropriate any specific remedy prescribed as part of (1) encourage cooperation by foreign gov- State official) of an affected State under sub- such relief to be implemented by such person ernments and relevant international fora in section (b)(2), in accordance with rule 65(b) without substantial deviation from normal identifying whether Internet gambling oper- of the Federal Rules of Civil Procedure. business practice; and ations are being used for money laundering, ‘‘(d) LIMITATION RELATING TO INTERACTIVE ‘‘(5) the costs and burdens that the specific corruption, or other crimes; COMPUTER SERVICES.— remedy will have on such person. (2) advance policies that promote the co- ‘‘(1) IN GENERAL.—Relief granted under this ‘‘(f) NOTICE TO REGULATORS AND FINANCIAL operation of foreign governments, through section against an interactive computer INSTITUTIONS.—Before initiating any pro- information sharing or other measures, in service shall— ceeding under subsection (b) with respect to the enforcement of this Act and the amend- ‘‘(A) be limited to the removal of, or dis- a violation or potential violation of this sub- ments made by this Act; and abling of access to, an online site violating chapter or the rules or regulations issued (3) encourage the Financial Action Task this subchapter, or a hypertext link to an under this subchapter by any creditor, credit Force on Money Laundering, in its annual online site violating this subchapter, that re- card issuer, financial institution, operator of report on money laundering typologies, to sides on a computer server that such service a terminal at which an electronic fund trans- study the extent to which Internet gambling controls or operates, except that the limita- fer may be initiated, money transmitting operations are being used for money laun- tion in this subparagraph shall not apply if business, or international, national, re- dering purposes. the service is subject to liability under this gional, or local network utilized to effect a (b) REPORT REQUIRED.—The Secretary of section pursuant to section 5366; credit transaction, electronic fund transfer, the Treasury shall submit an annual report ‘‘(B) be available only after notice to the stored value product transaction, or money to Congress on any deliberations between the interactive computer service and an oppor- transmitting service, or any participant in United States and other countries on issues tunity for the service to appear are provided; such network, the Attorney General of the relating to Internet gambling. ‘‘(C) not impose any obligation on an inter- United States, an attorney general of a State SEC. 5. AMENDMENTS TO CRIMINAL GAMBLING active computer service to monitor its serv- (or other appropriate State official), or an PROVISIONS. ice or to affirmatively seek facts indicating agency authorized to initiate such pro- (a) AMENDMENT TO DEFINITION.—Section activity violating this subchapter; ceeding under this subchapter, shall— 1081 of title 18, United States Code, is amend- ‘‘(D) specify the interactive computer serv- ‘‘(1) notify such person, and the appro- ed— ice to which it applies; and priate regulatory agency (as determined in (1) by designating the five undesignated ‘‘(E) specifically identify the location of accordance with section 5362(f) for such per- paragraphs that begin with ‘‘The term’’ as the online site or hypertext link to be re- son) of such violation or potential violation paragraphs (1) through (5), respectively; and moved or access to which is to be disabled. and the remedy to be sought in such pro- (2) in paragraph (5), as so designated— ceeding; and ‘‘(2) COORDINATION WITH OTHER LAW.—An (A) by striking ‘‘wire communication’’ and interactive computer service that does not ‘‘(2) allow such person 30 days to imple- inserting ‘‘communication’’; violate this subchapter shall not be liable ment a reasonable remedy for the violation (B) by inserting ‘‘satellite, microwave,’’ under section 1084 of title 18, United States or potential violation, consistent with the after ‘‘cable,’’; and Code, except that the limitation in this para- factors described in subsection (e), and in (C) by inserting ‘‘(whether fixed or mo- graph shall not apply if an interactive com- conjunction with such action as the appro- bile)’’ after ‘‘connection’’. puter service has actual knowledge and con- priate regulatory agency may take. (b) INCREASE IN PENALTY FOR UNLAWFUL trol of bets and wagers and— ‘‘§ 5365. Criminal penalties WIRE TRANSFERS OF WAGERING INFORMA- ‘‘(A) operates, manages, supervises, or di- ‘‘(a) IN GENERAL.—Whoever violates this TION.—Section 1084(a) of title 18, United rects an Internet website at which unlawful subchapter or the rules or regulations issued States Code, is amended by striking ‘‘two bets or wagers may be placed, received, or under this subchapter shall be fined under years’’ and inserting ‘‘5 years’’. otherwise made or at which unlawful bets or title 18, United States Code, or imprisoned wagers are offered to be placed, received, or for not more than 5 years, or both. By Mr. STEVENS (for himself, otherwise made; or ‘‘(b) PERMANENT INJUNCTION.—Upon convic- Ms. MIKULSKI, Mr. BOND, and ‘‘(B) owns or controls, or is owned or con- tion of a person under this section, the court Ms. MURKOWSKI): trolled by, any person who operates, man- may enter a permanent injunction enjoining S. 628. A bill to require the construc- ages, supervises, or directs an Internet such person from placing, receiving, or oth- tion at Arlington National Cemetery of website at which unlawful bets or wagers erwise making bets or wagers or sending, re- a memorial to the crew of the Columbia may be placed, received, or otherwise made, ceiving, or inviting information assisting in Orbiter; ordered held at the desk. or at which unlawful bets or wagers are of- the placing of bets or wagers. Mr. STEVENS. Madam President, on fered to be placed, received, or otherwise ‘‘§ 5366. Circumventions prohibited February 1, 2003, the Space Shuttle Co- made. ‘‘Notwithstanding section 5361(2), a cred- lumbia was lost during re-entry into ‘‘(3) RULE OF CONSTRUCTION.—The provi- itor, credit card issuer, financial institution, sions of paragraph (2) do not affect any po- operator of a terminal at which an electronic Earth’s atmosphere. We all mourn that tential liability of an interactive computer fund transfer may be initiated, money trans- tragic loss. But although our hearts service or other person under any provision mitting business, or international, national, have been filled with sorrow, we have of title 18, United States Code, other than as regional, or local network utilized to effect a also taken comfort in the knowledge specifically provided in paragraph (2). credit transaction, electronic fund transfer, that there was so much about these he- ‘‘(e) FACTORS TO BE CONSIDERED IN CERTAIN stored value product transaction, or money roic astronauts for us to be grateful CASES.—In considering granting relief under transmitting service, or any participant in for. this section against any payment system, or such network, or any interactive computer They were, indeed, remarkable peo- any participant in a payment system that is service or telecommunications service, may ple for they truly represented the best a creditor, credit card issuer, financial insti- be liable under this subchapter if such cred- tution, operator of a terminal at which an itor, issuer, institution, operator, business, of the human spirit. As such, it is only electronic fund transfer may be initiated, network, or participant has actual knowl- fitting that we endeavor to remember money transmitting business, or inter- edge and control of bets and wagers, and— them for their outstanding contribu- national, national, regional, or local net- ‘‘(1) operates, manages, supervises, or ditions. work utilized to effect a credit transaction, rects an Internet website at which unlawful Today, along with Senators BOND and electronic fund transfer, stored value prod- bets or wagers may be placed, received, or MIKULSKI, I introduce legislation to uct transaction, or money transmitting serv- otherwise made, or at which unlawful bets or construct a memorial to the crew of ice, or a participant in such network, the wagers are offered to be placed, received, or the Columbia Orbiter at Arlington Na- court shall consider— otherwise made; or ‘‘(1) the extent to which the person extend- ‘‘(2) owns or controls, or is owned or con- tional Cemetery. ing credit or transmitting funds knew or trolled by, any person who operates, man- This memorial would be located in should have known that the transaction was ages, supervises, or directs an Internet close proximity to the memorial to the in connection with unlawful Internet gam- website at which unlawful bets or wagers crew of the Challenger Orbiter at Ar- bling; may be placed, received, or otherwise made, lington Cemetery and that the design

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3748 CONGRESSIONAL RECORD — SENATE March 13, 2003 of the Columbia Memorial is intended rable men and women in uniform will disorder is dangerous too. Again, we to be consistent with the artistic sen- be successful in any military engage- need to understand the risks, and we sibilities of the Challenger Memorial. ment, I do have doubts about whether need to understand the plan. This legislation would authorize the or not the American people truly un- This resolution requires the Adminis- Secretary of the Army, in consultation derstand the magnitude of the task the tration to explain the plan for sta- with NASA, to place the Columbia Me- country is setting for itself—not only bilization and reconstruction. Earlier morial at Arlington and would make with regard to the military engage- this week the Senate Foreign Relations available $500,000 from funds already ment itself, but with regard to occupa- Committee held a hearing on recon- appropriated in the Fiscal Year 2003 tion and reconstruction. struction in Iraq. We had hoped to get DOD Appropriations Act for the Memo- I do not believe that Americans have answers to some of the basic questions rial. been told much about what the future that senior officials from the State and The bill also authorizes NASA to col- holds beyond the most optimistic of Defense Departments were utterly un- lect gifts and donations for the Colum- scenarios, and frankly I do not believe able to respond to as recently as Feb- bia Memorial at Arlington Cemetery or that Congress has heard much about ruary. But the Administration can- for another appropriate memorial or the full range of potential scenarios ei- celed the appearance of General Jay monument. This authority to collect ther. Garner, the director for the Pentagon’s donations and gifts expires after 5 This resolution would require that Office of Reconstruction and Humani- years. the President provide that information tarian Assistance, who was slated to We will never forget the wonderful before ordering our men and women in come before the committee. And so the legacy of the Columbia astronauts. uniform to war in Iraq. Foreign Relations Committee of the They have been an inspiration to us The resolution asks for a full ac- United States Senate is left scanning all. counting of the implications for home- the newspapers to get a sense of Ad- Lastly, I take this opportunity to in- land security of initiating military ac- ministration plans, extrapolating from vite any Senator to join with me in co- tion against Iraq. It asks for an ac- tidbits in the press to understand po- sponsoring this legislation to establish counting of the implications for the tential costs, and quizzing very capable this memorial to these outstanding in- fight against terrorism. It asks for an experts—but experts not privy to Ad- dividuals. accounting of the implications for re- ministration planning—about the uni- I ask unanimous consent that the bill gional stability in the Middle East, and verse of possibilities. This is simply un- be held at the desk until the close of for an accounting of the implications acceptable. business Wednesday, March 19, so that of war in Iraq for the proliferation of This resolution calls for the Adminis- such Senators will be shown as original weapons of mass destruction. tration to clearly report to Congress on cosponsors of this legislation. It is my This resolution recognizes that there the nature and extent of the inter- further hope that this bill will be may be positive and negative implica- national support for military action speedily cleared on each side of the tions to consider. It does not pre-judge against Iraq and the impact of military aisle so that it may be sent to the these issues. But it does acknowledge action against Iraq on allied support House next week, if at all possible. I that Members of Congress, the elected for the broader war on terrorism. I be- send the bill to the desk, Madam Presi- representatives of the people, should be lieve that this is the single most im- dent. privy to the thinking of our experts portant issue before us. I know that I The PRESIDING OFFICER. Without and leaders in the executive branch disagree with some of my colleagues on objection, it is so ordered. The bill will about the effect of war in Iraq on all of the wisdom of the Administration’s be held at the desk until the close of these issues. It is our responsibility to policy in Iraq. But I am certain that business, Wednesday, March 19. weigh these questions, to weigh the none of us disagree on the proposition consequences of starting a war. that the first priority of all of us in By Mr. FEINGOLD: And, while I do not doubt for a mo- government must be the fight against S.J. Res. 9. A joint resolution requir- ment the skills and competence of our terrorism. And we all know that we ing the President to report to Congress brave service men and women, I do cannot fight terrorism alone. But I specific information relating to certain know that their efforts alone are not have heard directly from foreign offi- possible consequences of the use of enough to ensure a lasting victory. It cials who are telling me that it will be United States Armed Forces against is crucial to the ultimate success of more difficult for them to be strong Iraq; to the Committee on Foreign Re- U.S. policy, that the American people supporters of the fight against ter- lations. understand the potential risks and the rorism if the U.S. acts in Iraq without Mr. FEINGOLD. Mr. President, today potential rewards of this national un- the United Nations’ approval. I introduce a Senate companion to a dertaking. We are considering the This resolution calls on the Adminis- joint resolution already introduced in American military occupation of a tration to explain clearly the steps the House by Congressman SHERROD major Middle Eastern country, and we that it will take to protect United BROWN of Ohio. are considering this in a very dan- States soldiers, allied forces, and Iraqi This resolution is quite simple. It re- gerous time. This country must have civilians from any known or suspected quires the President to report to Con- its eyes open before we move forward. environmental hazards resulting from gress on the potential costs and con- This resolution also requires that the military operations. Everyone in this sequences of military action in Iraq be- administration explain to Congress the body has heard from veterans of the fore ordering the United States Armed steps that the United States and our Gulf War who suffer and struggle even Forces to war in Iraq. This is a resolu- allies will take to ensure that any and today, long after their period of sac- tion that simply requires that this all weapons of mass destruction will be rifice for their country should have country know what it is we are getting safeguarded from dispersal to other ended. Based on what we know from into before, not after, war breaks out. rogue states or international terrorist these veterans, it is entirely reasonable Of course, it is my hope, and I very organizations. If the goal is disar- to demand a plan now, not after the much believe the President when he as- mament, then defeating Saddam Hus- fact. serts that it is his hope, that there will sein’s forces is not going to accomplish The resolution also calls for the Ad- be no war. But judging from the admin- the mission at hand. Do we know where ministration to provide estimates of istration’s statements and Iraq’s be- the WMD sites are? One would assume the American and allied military cas- havior, with each passing day it be- that we would share that information ualties, Iraqi military casualties, and comes more and more likely that the with the inspectors if we had it. But if Iraqi civilian casualties resulting from United States will engage in a major we do not, how will we ensure that military action against Iraq, and meas- military operation in Iraq. It is en- WMD and the means to make them are ures that will be taken to prevent civil- tirely possible that we will undertake not dispersed across Iraq’s borders, or ian casualties and adhere to inter- this operation without a great deal of sold off to the highest bidder, in the national humanitarian law. I know international support. And while I have event of invasion. Saddam Huessein’s that America is a resilient society and no doubt in my mind that our admi- order is despicable and dangerous. But a resolute society. But I am not at all

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3749 sure that Americans have been pre- have a responsibility to anwser these ‘‘2. (a)(1) Notwithstanding the provisions of pared for anything but the best-case questions now, and to share the an- rule II or rule IV or any other rule of the scenario, and that is a disservice to the swers with our constituents, so that Senate, at any time a motion signed by 16 Senators, to bring to a close the debate upon American people and a disservice to this great country is operating not on any measure, motion, other matter pending our military. wishful thinking or simple ignorance, before the Senate, or the unfinished busi- This resolution calls for an estimate but with an understanding of the facts ness, is presented to the Senate, the Pre- of the full costs associated with mili- before us, and the awesome task ahead. siding Officer, or clerk at the direction of the tary action against Iraq, including, but Presiding Officer, shall at once state the mo- f not limited to, providing humanitarian tion to the Senate, and 1 hour after the Sen- aid to the Iraqi people and to neigh- SUBMITTED RESOLUTIONS ate meets on the following calendar day but boring nations in light of possible ref- 1, he shall lay the motion before the Senate and direct that the clerk call the roll, and ugee flows, reconstructing Iraq with or upon the ascertainment that a quorum is without allied support, and securing SENATE RESOLUTION 83—COM- present, the Presiding Officer shall, without long-term political stability in Iraq MENDING THE SERVICE OF DR. debate, submit to the Senate by a yea-and- and the region insofar as it is affected LLOYD J. OGILVIE, THE CHAP- nay vote the question: ‘‘Is it the sense of the by such military action. I can tell you LAIN OF THE UNITED STATES Senate that the debate shall be brought to a that right now in the Budget com- SENATE close?’’. mittee, we are flying blind, trying to ‘‘(2) If the question in clause (1) is agreed Mr. FRIST (for himself and Mr. to by three-fifths of the Senators duly cho- make fiscally responsible decisions for DASCHLE) submitted the following reso- sen and sworn—except on a measure or mo- the future while the Administration re- lution; which was considered and tion to amend the Senate rules, in which mains unwilling to provide an honest agreed to: case the necessary affirmative vote shall be accounting of what this war will cost, two-thirds of the Senators present and vot- S. RES. 83 or what it will cost to meet the human- ing—then that measure, motion, or other itarian needs of Iraq, or what the long Whereas Dr. Lloyd J. Ogilvie became the matter pending before the Senate, or the un- 61st Senate Chaplain on March 13, 1995, and finished business, shall be the unfinished process of reconstruction will cost. We has faithfully served the Senate for 8 years know that these are not small figures. business to the exclusion of all other busi- as Senate Chaplain; ness until disposed of. And unfortunately, it looks as though Whereas Dr. Ogilvie is the author of 49 ‘‘(3) After cloture is invoked, no Senator we will be proceeding without a great books, including ‘‘Facing the Future without shall be entitled to speak in all more than 1 deal of international support, meaning Fear’’; and hour on the measure, motion, or other mat- less burden-sharing and more shoul- Whereas Dr. Ogilvie graduated from Lake ter pending before the Senate, or the unfin- dering of this cost on our own. And Forest College, Garrett Theological Semi- ished business, the amendments thereto, and that is why this resolution also calls nary of Northwestern University and New motions affecting the same, and it shall be College, University of Edinburgh, Scotland, the duty of the Presiding Officer to keep the for an accounting of the anticipated and has served as a Presbyterian minister time of each Senator who speaks. Except by short and long term effects of military throughout his professional life, including unanimous consent, no amendment shall be action on the United States economy being the senior pastor at First Presbyterian proposed after the vote to bring the debate and the Federal budget. Church, Hollywood, California: Now, there- to a close, unless it had been submitted in I feel strongly that we should have fore, be it writing to the Journal Clerk by 1 o’clock demanded this information long ago. Resolved, That— p.m. on the day following the filing of the But we continue to ask, because Con- (1) the Senate hereby honors Dr. Lloyd J. cloture motion if an amendment in the first gress continues to have constitutional Ogilvie for his dedicated service as the Chap- degree, and unless it had been so submitted at least 1 hour prior to the beginning of the responsibilities. And I continue to hear lain of the United States Senate; and (2) the Secretary transmit an enrolled copy cloture vote if an amendment in the second from a tremendous number of my con- of this resolution to Dr. Ogilvie. degree. No dilatory motion, or dilatory stituents who are deeply concerned amendment, or amendment not germane about the prospect of a war with Iraq. f shall be in order. Points of order, including The sources of their concern and their SENATE RESOLUTION 84—PRO- questions of relevancy, and appeals from the views on the issue vary, but in vir- VIDING FOR MEMBERS ON THE decision of the Presiding Officer, shall be de- tually all cases, they want to under- cided without debate. PART OF THE SENATE OF THE ‘‘(4) After no more than 30 hours of consid- stand the range of options before us, JOINT COMMITTEE ON PRINTING eration of the measure, motion, or other and they are demanding more informa- AND THE JOINT COMMITTEE OF matter on which cloture has been invoked, tion about the costs and commitments CONGRESS ON THE LIBRARY the Senate shall proceed, without any fur- they will incur as a result of decisions ther debate on any question, to vote on the Mr. LOTT (for himself and Mr. DODD) that we make here. They are right to final disposition thereof to the exclusion of submitted the following resolution; insist on that information, to insist all amendments not then actually pending which was considered and agreed to: that we exercise some foresight here before the Senate at that time and to the ex- S. RES. 84 clusion of all motions, except a motion to and wrestle honestly with the con- table, or to reconsider and one quorum call Resolved, That the following named Mem- sequences that may follow from taking on demand to establish the presence of a bers be, and they are hereby, elected mem- military action. Without such a discus- quorum (and motions required to establish a bers of the following joint committees of quorum) immediately before the final vote sion, we cannot hope to answer the Congress: begins. The 30 hours may be increased by the most important question before us— JOINT COMMITTEE ON PRINTING: Mr. Cham- adoption of a motion, decided without de- will a given course of action make the bliss, Mr. Cochran, Mr. Smith, Mr. Inouye, bate, by a three-fifths affirmative vote of the U.S. more or less secure in the end. and Mr. Dayton. Senators duly chosen and sworn, and any I urge my colleagues to support this JOINT COMMITTEE OF CONGRESS ON THE LI- such time thus agreed upon shall be equally resolution, and to insist that the Ad- BRARY: Mr. Stevens, Mr. Lott, Mr. Cochran, divided between and controlled by the Major- ministration provide this information Mr. Dodd, and Mr. Schumer. ity and Minority Leaders or their designees. before war breaks out. I voted against f However, only one motion to extend time, the resolution authorizing the use of specified above, may be made in any 1 cal- force in Iraq last fall, because I was un- SENATE RESOLUTION 85—TO endar day. comfortable with the Administration’s AMEND PARAGRAPH 2 OF RULE ‘‘(5) If, for any reason, a measure or matter is reprinted after cloture has been invoked, shifting justifications for war, dissatis- XXII OF THE STANDING RULES OF THE SENATE amendments which were in order prior to the fied with the vague answers available reprinting of the measure or matter will con- at the time relating to our plans for Mr. MILLER submitted the following tinue to be in order and may be conformed dealing with weapons of mass destruc- resolution; which was referred to the and reprinted at the request of the amend- tion and reconstruction in Iraq, and Committee on Rules and Administra- ment’s sponsor. The conforming changes most of all, because I was concerned tion: must be limited to lineation and pagination. that this action would actually alien- ‘‘(6) No Senator shall call up more than 2 S. RES. 85 amendments until every other Senator shall ate key allies in the fight against ter- Resolved, That paragraph 2 of rule XXII of have had the opportunity to do likewise. rorism. But even those who voted dif- the Standing Rules of the Senate is amended ‘‘(7) Notwithstanding other provisions of ferently surely must believe that we to read as follows: this rule, a Senator may yield all or part of

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3750 CONGRESSIONAL RECORD — SENATE March 13, 2003 his 1 hour to the majority or minority floor self from the service of the Senate without tem, and the conservation of our Nation’s managers of the measure, motion, or matter leave; and rich natural heritage. Whereas, when it appears that evidence or to the Majority or Minority Leader, but f each Senator specified shall not have more under the control or in the possession of the than 2 hours so yielded to him and may in Senate may promote the administration of SENATE RESOLUTION 88—HON- turn yield such time to other Senators. justice, the Senate will take such action as ORING THE 80TH BIRTHDAY OF ‘‘(8) Notwithstanding any other provision will promote the ends of justice consistent JAMES L. BUCKLEY, FORMER of this rule, any Senator who has not used or with the privileges of the Senate: Now, UNITED STATES SENATOR FOR yielded at least 10 minutes, is, if he seeks therefore, be it recognition, guaranteed up to 10 minutes, in- Resolved, That Senator McConnell is au- THE STATE OF NEW YORK clusive, to speak only. thorized to provide testimony in the case of Mr. HATCH submitted the following ‘‘(9) After cloture is invoked, the reading of W. Curtis Shain v. G. Hunter Bates, et al., resolution; which was considered and any amendment, including House amend- except concerning matters for which a privi- agreed to: ments, shall be dispensed with when the pro- lege should be asserted and when his attend- S. RES. 88 posed amendment has been identified and ance at the Senate is necessary for the per- has been available in printed form at the formance of his legislative duties. Whereas James Buckley served in the desk of the Members for not less than 24 SEC. 2. The Senate Legal Counsel is author- United States Senate with great dedication, hours. ized to represent Senator McConnell in con- integrity, and professionalism as a trusted ‘‘(b)(1) If, upon a vote taken on a motion nection with any testimony authorized in colleague from the State of New York; presented pursuant to subparagraph (a), the section one of this resolution. Whereas James Buckley served with dis- Senate fails to invoke cloture with respect f tinction for more than a decade as a Circuit to a measure, motion, or other matter pend- Judge on the United States Court of Appeals ing before the Senate, or the unfinished busi- SENATE RESOLUTION 87—COM- for the District of Columbia Circuit; ness, subsequent motions to bring debate to MEMORATING THE CENTENNIAL Whereas James Buckley’s long and distin- a close may be made with respect to the ANNIVERSARY OF THE NA- guished career in public service also included same measure, motion, matter, or unfinished TIONAL WILDLIFE REFUGE SYS- serving in the U.S. Navy during World War business. It shall not be in order to file sub- TEM II, as Undersecretary of State for Security sequent cloture motions on any measure, Assistance, and as President of Radio Free motion, or other matter pending before the Mr. NELSON of Florida (for himself, Europe; Senate, except by unanimous consent, until Mr. GRAHAM of Florida, Mr. INHOFE, Whereas James Buckley celebrated his 80th the previous motion has been disposed of. Mr. JEFFORDS, Mr. DASCHLE, Mr. birthday earlier this week: Now, therefore, ‘‘(2) Such subsequent motions shall be CRAPO, Mr. KERRY, Ms. CANTWELL, Mr. be it made in the manner provided by, and subject LIEBERMAN, Mr. BINGAMAN, Mr. WAR- Resolved, That the Senate— to the provisions of, subparagraph (a), except (1) acknowledges and honors the tremen- NER, Mrs. MURRAY, Mrs. HUTCHISON, that the affirmative vote required to bring dous contributions made by James Buckley to a close debate upon that measure, motion, Ms. MIKULSKI, Mr. SARBANES, Mr. LAU- during his distinguished career to the execu- or other matter, or unfinished business TENBERG, Mr. CHAFEE, Mr. DURBIN, Mr. tive, legislative, and judicial branches of the (other than a measure or motion to amend LEAHY, Mr. LEVIN, Mr. HARKIN, Mr. United States; and Senate rules) shall be reduced by 3 votes on VOINOVICH, Mr. HOLLINGS, Mrs. BOXER, (2) congratulates and expresses best wishes the second such motion, and by 3 additional Mrs. FEINSTEIN, Mr. AKAKA, Mr. CON- to James Buckley on the celebration of his votes on each succeeding motion, until the RAD, Mr. ALLARD, Mr. DODD, and Mr. 80th birthday. affirmative vote is reduced to a number equal to or less than an affirmative vote of EDWARDS) submitted the following res- f a majority of the Senators duly chosen and olution; which was considered and SENATE RESOLUTION 89—HON- sworn. The required vote shall then be an af- agreed to: ORING THE LIFE OF FORMER firmative vote of a majority of the Senators S. RES. 87 GOVERNOR OF MINNESOTA duly chosen and sworn. The requirement of Whereas March 14, 2003, will mark the Cen- ORVILLE L. FREEMAN, AND EX- an affirmative vote of a majority of the Sen- tennial Anniversary of the National Wildlife ators duly chosen and sworn shall not be fur- PRESSING THE DEEPEST CONDO- Refuge System; LENCE OF THE SENATE TO HIS ther reduced upon any vote taken on any Whereas the United States Senate con- later motion made pursuant to this subpara- tinues to fully support the mission of the Na- FAMILY ON HIS DEATH graph with respect to that measure, motion, tional Wildlife Refuge System, and shares Mr. DAYTON (for himself and Mr. matter, or unfinished business.’’. President Theodore Roosevelt’s view that: COLEMAN) submitted the following res- f ‘‘Wild beasts and birds are by right not the olution; which was considered and property merely of the people who are alive agreed to: SENATE RESOLUTION 86—TO AU- today, but the property of unknown genera- THORIZE TESTIMONY AND tions, whose belongings we have no right to S. RES. 89 LEGAL REPRESENTATION IN W. squander’’; Whereas the Senate has learned with sad- CURTIS SHAIN v. HUNTER Whereas President Theodore Roosevelt’s ness of the death of former Governor of Min- BATES, ET AL. vision in 1903 to conserve wildlife started nesota Orville L. Freeman; Whereas Orville L. Freeman, born in Min- Mr. FRIST (for himself and Mr. with the plants and animals on the tiny Peli- can Island on Florida’s East Coast, and has neapolis, Minnesota, greatly distinguished DASCHLE) submitted the following reso- flourished across the United States and its himself by his long commitment to public lution, which was considered and territories, allowing for the preservation of a service; agreed to: vast array of species; and Whereas Orville L. Freeman, football star, S. RES. 86 Whereas the National Wildlife Refuge Sys- student council president, and Phi Beta Whereas, in the case of W. Curtis Shain v. tem of 540 refuges, that now hosts 35,000,000 Kappa honors student, graduated magna cum G. Hunter Bates, et al., No. 03–CI–00153, pend- visitors annually, with the help of 30,000 vol- laude from the University of Minnesota; ing in Division II of the Oldham Circuit unteers, is home to wildlife of almost every Whereas Orville L. Freeman, a Major in Court, Twelfth Judicial Circuit, Common- variety in every state of the union within an the Marine Corps, served the United States wealth of Kentucky, an affidavit has been re- hour’s drive of almost every major city: with honor and distinction during World War quested from Senator Mitch McConnell; Now, therefore, be it II, and was awarded a Purple Heart for Whereas, pursuant to sections 703(a) and Resolved, That the Senate— wounds associated with his heroism; 704(a)(2) of the Ethics in Government Act of (1) congratulates the National Wildlife Ref- Whereas the organizational leadership of 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the uge System on its Centennial Anniversary; Orville L. Freeman helped build the Min- Senate may direct its counsel to represent (2) expresses strong support for the Na- nesota Democratic-Farmer-Labor Party into Members of the Senate with respect to any tional Wildlife Refuge System’s continued a successful political party; subpoena, order, or request for testimony re- success in the next 100 years and beyond; Whereas, in 1954, Orville L. Freeman be- lating to their official responsibilities; (3) encourages the National Wildlife Refuge came the first Democratic-Farmer-Labor Whereas, by the privileges of the Senate of System in its continued efforts to broaden candidate to be elected Governor of Min- the United States and Rule XI of the Stand- understanding and appreciation for the Ref- nesota; ing Rules of the Senate, no evidence under uge System, to increase partnerships on be- Whereas Orville L. Freeman, elected to 3 the control or in the possession of the Senate half of the National Wildlife Refuge System consecutive terms as Governor, advanced the may, by the judicial or administrative proc- to better manage and monitor wildlife, and concept of governance now known as ‘‘the ess, be taken from such control or possession to continue its support of outdoor rec- Minnesota Consensus,’’ which views govern- but by permission of the Senate; reational activities; and ment as a positive force in the lives of citi- Whereas, by Rule VI of the Standing Rules (4) reaffirms its commitment to continued zens, and government programs as invest- of the Senate, no Senator shall absent him- support for the National Wildlife Refuge Sys- ments in Minnesota’s future;

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3751 Whereas, during his service as Governor of current resolution; which was referred draw from a labor market that competes Minnesota, Orville L. Freeman increased to the Committee on Health, Edu- with other entry-level jobs that provide less State funding for education, improved health cation, Labor, and Pensions: physically and emotionally demanding work, and rehabilitation programs, expanded con- and higher pay and other benefits, and there- S. CON. RES. 21 servation efforts, and achieved many other fore these direct support jobs are not cur- successes that improved his State and the Whereas there are more than 8,000,000 rently competitive in today’s labor market; lives of its citizens; Americans who have mental retardation or Whereas annual turnover rates of direct Whereas Orville L. Freeman served as the other developmental disabilities; support workers range from 40 to 75 percent; Secretary of Agriculture in the administra- Whereas individuals with developmental Whereas high rates of employee vacancies tions of President John F. Kennedy and disabilities include those with mental retar- and turnover threaten the ability of pro- President Lyndon B. Johnson, during which dation, autism, cerebral palsy, Down syn- viders to achieve their core mission, which is service he initiated global food assistance drome, epilepsy, and other related condi- the provision of safe and high-quality sup- programs and developed the domestic food tions; ports to individuals with mental retardation stamp and school breakfast programs; Whereas individuals with mental retarda- or other developmental disabilities; Whereas, in addition to his outstanding tion or other developmental disabilities have Whereas direct support staff turnover is public service, Orville L. Freeman was also a substantial limitations on their functional emotionally difficult for the individuals successful international lawyer and business capacities, including limitations in two or being served; more of the areas of self-care, receptive and executive; Whereas many parents are becoming in- expressive language, learning, mobility, self- Whereas Orville L. Freeman was a devoted creasingly afraid that there will be no one direction, independent living, and economic husband to his wife, Jane, for 62 years, a lov- available to take care of their sons and self-sufficiency, as well as the continuous ing father to two exceptional children, Con- daughters with mental retardation or other need for individually planned and coordi- stance and Michael, and a proud grandfather developmental disabilities who are living in nated services; to three talented grandchildren, Elizabeth, the community; and Whereas for the past two decades individ- Kathryn, and Matthew; and Whereas this workforce shortage is the uals with mental retardation or other devel- Whereas Orville L. Freeman led a life that most significant barrier to implementing the opmental disabilities and their families have was remarkable for its breadth of pursuits, Olmstead decision and undermines the ex- increasingly expressed their desire to live multitude of accomplishments, standards of pansion of community integration as called excellence, dedication to public service, and and work in their communities, joining the mainstream of American life; for by President Bush’s New Freedom Initia- important contributions to the improvement tive, placing the community support infra- of his country and the lives of his fellow citi- Whereas the Supreme Court, in its Olmstead decision, affirmed the right of indi- structure at risk: Now, therefore, be it zens: Now, therefore, be it Resolved by the Senate (the House of Rep- Resolved, That the United States Senate— viduals with mental retardation or other de- resentatives concurring), (1) pays tribute to the outstanding career velopmental disabilities to receive commu- and devoted work of the great Minnesota and nity-based services as an alternative to insti- SECTION 1. SHORT TITLE. national leader, Orville L. Freeman; tutional care; This resolution may be cited as the ‘‘Di- (2) expresses its deepest condolences to the Whereas the demand for community sup- rect Support Professional Recognition Reso- family of Orville L. Freeman on his death; ports and services is rapidly growing, as lution’’. and States comply with the Olmstead decision SEC. 2. SENSE OF CONGRESS REGARDING SERV- (3) directs the Secretary of the Senate to and continue to move more individuals from ICES OF DIRECT SUPPORT PROFES- transmit an enrolled copy of this resolution institutions into the community; SIONALS TO INDIVIDUALS WITH DE- to the family of Orville L. Freeman. Whereas the demand will also continue to VELOPMENTAL DISABILITIES. grow as family caregivers age, individuals It is the sense of the Congress that the f with mental retardation or other develop- Federal Government and the States should SENATE CONCURRENT RESOLU- mental disabilities live longer, waiting lists make it a priority to ensure a stable, quality TION 20—PERMITTING THE grow, and services expand; direct support workforce for individuals with CHAIRMAN OF THE COMMITTEE Whereas our Nation’s long-term care deliv- mental retardation or other developmental disabilities that advances our Nation’s com- ON RULES AND ADMINISTRATION ery system is dependent upon a disparate array of public and private funding sources, mitment to community integration for such OF THE SENATE TO DESIGNATE and is not a conventional industry, but rath- individuals and to personal security for them ANOTHER MEMBER OF THE COM- er is financed primarily through third-party and their families. MITTEE TO SERVE ON THE insurers; f JOINT COMMITTEE ON PRINTING Whereas Medicaid financing of supports IN PLACE OF THE CHAIRMAN and services to individuals with mental re- SENATE CONCURRENT RESOLU- tardation or other developmental disabilities Mr. LOTT (for himself and Mr. DODD) TION 22—EXPRESSING THE varies considerably from State to State, submitted the following concurrent SENSE OF THE CONGRESS RE- causing significant disparities across geo- GARDING HOUSING AFFORD- resolution; which was considered and graphic regions, among differing groups of agreed to: consumers, and between community and in- ABILITY AND URGING FAIR AND S. CON. RES. 20 stitutional supports; EXPEDITIOUS REVIEW BY INTER- Resolved by the Senate (the House of Rep- Whereas outside of families, private pro- NATIONAL TRADE TRIBUNALS resentatives concurring), That effective for the viders that employ direct support profes- TO ENSURE A COMPETITIVE One Hundred Eighth Congress, the Chairman sionals deliver the majority of supports and NORTH AMERICAN MARKET FOR of the Committee on Rules and Administra- services for individuals with mental retarda- SOFTWOOD LUMBER tion of the Senate may designate another tion or other developmental disabilities in member of the Committee to serve on the the community; Mr. NICKLES (for himself, Mr. BAYH, Joint Committee on Printing in place of the Whereas direct support professionals pro- Mr. BUNNING, Mr. FITZGERALD, Mr. Chairman. vide a wide range of supportive services to HAGEL, Mr. INHOFE, Mr. KYL, Mr. f individuals with mental retardation or other LUGAR, Mr. REED, and Mr. ROBERTS) developmental disabilities on a day-to-day submitted the following concurrent SENATE CONCURRENT RESOLU- basis, including habilitation, health needs, TION 21—EXPRESSING THE resolution; which was referred to the personal care and hygiene, employment, Committee on Finance. SENSE OF THE CONGRESS THAT transportation, recreation, and housekeeping COMMUNITY INCLUSION AND EN- and other home management-related sup- S. CON. RES. 22 HANCED LIVES FOR INDIVID- ports and services so that these individuals Whereas the United States and Canada UALS WITH MENTAL RETARDA- can live and work in their communities; have, since 1989, worked to eliminate tariff TION OR OTHER DEVELOP- Whereas direct support professionals gen- and nontariff barriers to trade; erally assist individuals with mental retar- Whereas free trade has greatly benefitted MENTAL DISABILITIES IS AT SE- dation or other developmental disabilities to the United States and Canadian economies; RIOUS RISK BECAUSE OF THE lead a self-directed family, community, and Whereas the U.S. International Trade Com- CRISIS IN RECRUITING AND RE- social life; mission only found the potential for a TAINING DIRECT SUPPORT PRO- Whereas private providers and the individ- Threat of Injury (as opposed to actual in- FESSIONALS, WHICH IMPEDES uals for whom they provide supports and jury) to domestic lumber producers but the THE AVAILABILITY OF A STA- services are in jeopardy as a result of the Department of Commerce imposed a 27 per- BLE, QUALITY DIRECT SUPPORT growing crisis in recruiting and retaining a cent duty on U.S. lumber consumers; WORKFORCE. direct support workforce; Whereas trade restrictions on Canadian Whereas providers of supports and services lumber exported to the U.S. market have Mr. BUNNING (for himself and Mrs. to individuals with mental retardation or been an exception to the general rule of bi- LINCOLN) submitted the following con- other developmental disabilities typically lateral free trade;

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3752 CONGRESSIONAL RECORD — SENATE March 13, 2003 Whereas the legitimate interests of con- mittee on Banking, Housing, and Witness list sumers are often overlooked in trade dis- Urban Affairs be authorized to meet Panel I: The Honorable Kay Bailey putes; during the session of the Senate on Whereas the availability of affordable Hutchison and The Honorable John housing is important to American home buy- March 13, 2003, at 10 a.m., to conduct a Cornyn. ers and the need for the availability of such hearing on ‘‘The Administration’s Pro- Panel II: Priscilla Richmond Owen to housing, particularly in metropolitan cities posed Fiscal Year 2004 Budget for the be United States Circuit Judge for the across America, is growing faster than it can Federal Transit Administration.’’ Fifth Circuit. be met; The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Whereas imposition of special duties on objection, it is so ordered. U.S. consumers of softwood lumber, essential objection, it is so ordered. COMMITTEE ON COMMERCE, SCIENCE, AND for construction of on-site and manufactured COMMITTEE ON VETERANS’ AFFAIRS TRANSPORTATION homes, jeopardizes housing affordability; Mr. MCCONNELL. Mr. President, I Whereas the United States has agreed to Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Com- abide by dispute settlement procedures in ask unanimous consent that the Com- the World Trade Organization and the North mittee on Commerce, Science, and mittee on Veterans’ Affairs be author- American Free Trade Agreement, providing Transportation be authorized to meet ized to meet during the session of the for international review of national remedy on Thursday, March 13, 2003, at 9:30 Senate on Thursday, March 13, 2003, for actions; and, a.m., in SR–253, for an executive ses- a joint hearing with the House of Rep- Whereas the World Trade Organization and resentatives’ Committee on Veterans’ North American Free Trade Agreement dis- sion. pute panels are reviewing findings by the The PRESIDING OFFICER. Without Affairs, to hear the legislative presen- ITC: Now, therefore, be it objection, it is so ordered. tations of the Retired Enlisted Associa- Resolved by the Senate (the House of Rep- tion, Gold Star Wives of America, the COMMITTEE ON ENERGY AND NATURAL resentatives concurring), that it is the sense of RESOURCES Fleet Reserve Association, and the Air the Congress that— Mr. MCCONNELL. Mr. President, I Force Sergeants Association. (1) The Department of Commerce and U.S. The hearing will take place in room Trade Representative should work to assure ask unanimous consent that the Com- that no delays occur in resolving the current mittee on Energy and Natural Re- 345 of the Cannon House Office Building disputes before the NAFTA and WTO panels, sources be authorized to meet during at 10 a.m. supporting a fair and expeditious review; the session of the Senate, on Thursday, The PRESIDING OFFICER. Without (2) U.S. anti-dumping and countervail law objection, it is so ordered. is a rules-based system that should proceed March 13 at 10 a.m., to receive testi- SELECT COMMITTEE ON INTELLIGENCE to conclusion in WTO and NAFTA trade pan- mony on gaining an understanding of els; the impacts of last year’s fires and Mr. MCCONNELL. Mr. President, I (3) The President should continue discus- then looking forward to the potential ask unanimous consent that the Select sions with the Government of Canada to pro- 2003 fire season. Committee on Intelligence be author- mote open trade between the United States The PRESIDING OFFICER. Without ized to meet during the session of the and Canada on softwood lumber free of trade objection, it is so ordered. Senate on Thursday, March 13, 2003, at restraints that harm consumers; (4) The President should consult with all COMMITTEE ON ENERGY AND NATURAL 2:30 p.m., to hold a closed hearing. stakeholders, including consumers of lumber RESOURCES The PRESIDING OFFICER. Without products in future discussions regarding any Mr. MCCONNELL. Mr. President, I objection, it is so ordered. terms of trade in softwood lumber between ask unanimous consent that the Com- SUBCOMMITTEE ON CLEAN AIR, CLIMATE the United States and Canada. mittee on Energy and Natural Re- CHANGE, AND NUCLEAR SAFETY f sources be authorized to meet during Mr. MCCONNELL. Mr. President, I NOTICES OF HEARINGS/MEETINGS the session of the Senate, on Thursday, ask unanimous consent that the Sub- March 13, at 2:30 p.m., is to conduct committee on Clean Air, Climate COMMITTEE ON RULES AND ADMINISTRATION oversight on the designation and man- Change, and Nuclear Safety be author- Mr. LOTT. Mr. President, I wish to agement of national heritage areas, in- ized to meet on Thursday, March 13, at announce that the Committee on Rules cluding criteria and procedures for des- 9:30 a.m. to conduct an oversight hear- and Administration will meet at 9:30 ignating heritage areas, the potential ing on the implementation of the a.m., Wednesday, March 19, 2003, in impact of heritage areas on private CMAQ and Conformity programs. This room SR 301, Russell Senate Office lands and communities, Federal and meeting will be held in SD 406. Building, to conduct an oversight hear- non-Federal costs of managing herit- The PRESIDING OFFICER. Without ing on the operations of the Secretary age areas, and methods of monitoring objection, it is so ordered. of the Senate and the Architect of the and measuring the success of heritage Capitol. SUBCOMMITTEE ON READINESS AND areas. MANAGEMENT For further information concerning The PRESIDING OFFICER. Without this meeting, please contact Susan Mr. MCCONNELL. Mr. President, I objection, it is so ordered. Wells at 202-224-6352. ask unanimous consent that the Sub- COMMITTEE ON FOREIGN RELATIONS committee on Readiness and Manage- f Mr. MCCONNELL. Mr. President, I ment Support of the Committee on AUTHORITY FOR COMMITTEES TO ask unanimous consent that the Com- Armed Services be authorized to meet MEET mittee on Foreign Relations be author- during the session on the Senate on COMMITTEE ON ARMED SERVICES ized to meet during the session of the Thursday, March 13, 2003, at 2 p.m., in Mr. MCCONNELL. Mr. President, I Senate on Thursday, March 13, 2003, at open session to receive testimony on ask unanimous consent that the Com- 2 p.m., to hold a members briefing on the impacts of environmental laws on mittee on Armed Services be author- Iraq’s political future. readiness and the related administra- ized to meet during the session of the Briefer: The Honorable William tion legislative proposal in review of Senate on Thursday, March 13, 2003, at Burns, Assistant Secretary for Middle the Defense Authorization Request for 9:30 a.m., in open and possibly closed East, Department of State, Wash- Fiscal Year 2004. session, to receive testimony from uni- ington, DC. The PRESIDING OFFICER. Without fied and regional commanders on their The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. military strategy and operational re- f quirements, in review of the Defense COMMITTEE ON THE JUDICIARY PRIVILEGE OF THE FLOOR Authorization Request for Fiscal Year Mr. MCCONNELL. Mr. President, I 2004 and the future years Defense pro- ask unanimous consent that the Com- Mr. MCCONNELL. Mr. President, I gram. mittee on the Judiciary be authorized ask unanimous consent that Bruce The PRESIDING OFFICER. Without to meet to conduct a hearing entitled Artim and Dr. Mark Carlson from Sen- objection, it is so ordered. ‘‘Setting the Record Straight: The ator HATCH’s staff be granted floor COMMITTEE ON BANKING, HOUSING, AND URBAN Nomination of Justice Priscilla Owen’’ privileges for the remainder of the ses- AFFAIRS on Thursday, March 13, 2003, at 10 a.m., sion. Mr. MCCONNELL. Mr. President, I in the Dirksen Senate Office Building, The PRESIDING OFFICER. Without ask unanimous consent that the Com- room 106. objection, it is so ordered.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3753 GILA RIVER INDIAN COMMUNITY to the Community with respect to the claims crued interest, shall be distributed in the JUDGMENT FUND DISTRIBUTION made in Docket No. 236–D; form of per capita payments (in amounts as ACT OF 2003 (5) with the approval of the Community equal as practicable) to all eligible enrolled under Community Resolution GR–98–98, the members of the Community. Mr. BENNETT. Mr. President, I ask Community entered into a settlement with (b) PREPARATION OF PAYMENT ROLL.— unanimous consent that the Senate the United States on April 27, 1999, for (1) IN GENERAL.—The Community shall pre- proceed to the immediate consider- claims made under Dockets Nos. 236–C and pare a payment roll of eligible, enrolled ation of Calendar Item No. 30, S. 162. 236–D for an aggregate total of $7,000,000; members of the Community that are eligible The PRESIDING OFFICER. The (6) on May 3, 1999, the United States Court to receive payments under this section in ac- clerk will report the bill by title. of Federal Claims ordered that a final judg- cordance with the criteria described in para- ment be entered in consolidated Dockets The legislative clerk read as follows: graph (2). Nos. 236–C and 236–D for $7,000,000 in favor of (2) CRITERIA.— A bill (S. 162) to provide for the use and the Community and against the United (A) INDIVIDUALS ELIGIBLE TO RECEIVE PAY- distribution of certain funds awarded to the States; MENTS.—Subject to subparagraph (B), the Gila River Pima-Maricopa Indian Commu- (7)(A) on October 6, 1999, the Department of following individuals shall be eligible to be nity, and for other purposes. the Treasury certified the payment of listed on the payment roll and eligible to re- There being no objection, the Senate $7,000,000, less attorney fees, to be deposited ceive a per capita payment under subsection proceeded to consider the bill. in a trust account on behalf of the Commu- (a): Mr. BENNETT. Mr. President, I ask nity; and (i) All enrolled Community members who (B) that payment was deposited in a trust unanimous consent that the bill be are eligible to be listed on the per capita account managed by the Office of Trust payment roll that was approved by the Sec- read a third time and passed, the mo- Funds Management of the Department of the retary for the distribution of the funds tion to reconsider be laid upon the Interior; and awarded to the Community in Docket No. table, and that any statements relating (8) in accordance with the Indian Tribal 236–N (including any individual who was in- to this bill be printed in the RECORD. Judgment Funds Use or Distribution Act (25 advertently omitted from that roll). The PRESIDING OFFICER. Without U.S.C. 1401 et seq.), the Secretary is required (ii) All enrolled Community members who objection, it is so ordered. to submit an Indian judgment fund use or are living on the date of enactment of this The bill (S. 162) was read the third distribution plan to Congress for approval. Act. time and passed, as follows: SEC. 3. DEFINITIONS. (iii) All enrolled Community members who In this Act: died— S. 162 (1) ADULT.—The term ‘‘adult’’ means an in- (I) after the effective date of the payment Be it enacted by the Senate and House of Rep- dividual who— plan for Docket No. 236–N; but resentatives of the United States of America in (A) is 18 years of age or older as of the date (II) on or before the date of enactment of Congress assembled, on which the payment roll is approved by the this Act. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Community; or (B) INDIVIDUALS INELIGIBLE TO RECEIVE PAY- (a) SHORT TITLE.—This Act may be cited as (B) will reach 18 years of age not later than MENTS.—The following individuals shall be the ‘‘Gila River Indian Community Judg- 30 days after the date on which the payment ineligible to be listed on the payment roll ment Fund Distribution Act of 2003’’. roll is approved by the Community. and ineligible to receive a per capita pay- (b) TABLE OF CONTENTS.—The table of con- (2) COMMUNITY.—The term ‘‘Community’’ ment under subsection (a): tents of this Act is as follows: means the Gila River Indian Community. (i) Any individual who, before the date on (3) COMMUNITY-OWNED FUNDS.—The term Sec. 1. Short title; table of contents. which the Community approves the payment ‘‘Community-owned funds’’ means— Sec. 2. Findings. roll, relinquished membership in the Com- (A) funds held in trust by the Secretary as Sec. 3. Definitions. munity. of the date of enactment of this Act that (ii) Any minor who relinquishes member- TITLE I—GILA RIVER JUDGMENT FUND may be made available to make payments ship in the Community, or whose parent or DISTRIBUTION under section 101; or legal guardian relinquishes membership on Sec. 101. Distribution of judgment funds. (B) revenues held by the Community that— behalf of the minor, before the date on which Sec. 102. Responsibility of Secretary; appli- (i) are derived from trust resources; and the minor reaches 18 years of age. cable law. (ii) qualify for an exemption under section (iii) Any individual who is disenrolled by TITLE II—CONDITIONS RELATING TO 7 or 8 of the Indian Tribal Judgment Funds the Community for just cause (such as dual COMMUNITY JUDGMENT FUND PLANS Use or Distribution Act (25 U.S.C. 1407, 1408). enrollment or failure to meet the eligibility (4) IIM ACCOUNT.—The term ‘‘IIM account’’ Sec. 201. Plan for use and distribution of requirements for enrollment). means an individual Indian money account. judgment funds awarded in (iv) Any individual who is determined or (5) JUDGMENT FUNDS.—The term ‘‘judgment Docket No. 228. certified by the Secretary to be eligible to funds’’ means the aggregate amount awarded Sec. 202. Plan for use and distribution of receive a per capita payment of funds relat- to the Community by the Court of Federal judgment funds awarded in ing to a judgment— Claims in Dockets Nos. 236–C and 236–D. Docket No. 236–N. (I) awarded to another community, Indian (6) LEGALLY INCOMPETENT INDIVIDUAL.—The tribe, or tribal entity; and TITLE III—EXPERT ASSISTANCE LOANS term ‘‘legally incompetent individual’’ (II) appropriated on or before the date of Sec. 301. Waiver of repayment of expert as- means an individual who has been deter- enactment of this Act. sistance loans to Gila River In- mined to be incapable of managing his or her (v) Any individual who is not enrolled as a dian Community. own affairs by a court of competent jurisdic- member of the Community on or before the SEC. 2. FINDINGS. tion. date that is 90 days after the date of enact- Congress finds that— (7) MINOR.—The term ‘‘minor’’ means an ment of this Act. (1) on August 8, 1951, the Gila River Indian individual who is not an adult. (c) NOTICE TO SECRETARY.—On approval by Community filed a complaint before the In- (8) PAYMENT ROLL.—The term ‘‘payment the Community of the payment roll, the dian Claims Commission in Gila River Pima- roll’’ means the list of eligible, enrolled Community shall submit to the Secretary a Maricopa Indian Community v. United members of the Community who are eligible notice that indicates the total number of in- States, Docket No. 236, for the failure of the to receive a payment under section 101(a), as dividuals eligible to share in the per capita United States to carry out its obligation to prepared by the Community under section distribution under subsection (a), as ex- protect the use by the Community of water 101(b). pressed in subdivisions that reflect— from the Gila River and the Salt River in the (9) SECRETARY.—The term ‘‘Secretary’’ (1) the number of shares that are attrib- State of Arizona; means the Secretary of the Interior. utable to eligible living adult Community (2) except for Docket Nos. 236–C and 236–D, TITLE I—GILA RIVER JUDGMENT FUND members; and which remain undistributed, all 14 original DISTRIBUTION (2) the number of shares that are attrib- dockets under Docket No. 236 have been re- SEC. 101. DISTRIBUTION OF JUDGMENT FUNDS. utable to deceased individuals, legally in- solved and distributed; (a) PER CAPITA PAYMENTS.—Notwith- competent individuals, and minors. (3) in Gila River Pima-Maricopa Indian standing the Indian Tribal Judgment Funds (d) INFORMATION PROVIDED TO SECRETARY.— Community v. United States, 29 Ind. Cl. Use or Distribution Act (25 U.S.C. 1401 et The Community shall provide to the Sec- Comm. 144 (1972), the Indian Claims Commis- seq.) or any other provision of law (including retary enrollment information necessary to sion held that the United States, as trustee, any regulation promulgated or plan devel- allow the Secretary to establish— was liable to the Community with respect to oped under such a law), the amounts paid in (1) estate accounts for deceased individuals the claims made in Docket No. 236–C; satisfaction of an award granted to the Gila described in subsection (c)(2); and (4) in Gila River Pima-Maricopa Indian River Indian Community in Dockets Nos. (2) IIM accounts for legally incompetent Community v. United States, 684 F.2d 852 236–C and 236–D before the United States individuals and minors described in sub- (1982), the United States Claims Court held Court of Federal Claims, less attorney fees section (c)(2). that the United States, as trustee, was liable and litigation expenses and including all ac- (e) DISBURSEMENT OF FUNDS.—

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(1) IN GENERAL.—Not later than 30 days petent individual, or a deceased individual, any per capita share of a minor that is held, after the date on which the payment roll is the Secretary— as of the date of enactment of this Act, by approved by the Community and the Com- (A) is authorized to accept and deposit the Secretary. munity has reconciled the number of shares funds from the payment in an IIM account or (2) SHARE OF MINORS IN TRUST.—The Sec- that belong in each payment subdivision de- estate account established for the minor, le- retary shall hold a per capita share of a scribed in subsection (c), the Secretary shall gally incompetent individual, or deceased in- minor described in paragraph (1) in trust disburse to the Community the funds nec- dividual; and until such date as the minor reaches 18 years essary to make the per capita distribution (B) shall invest those funds in accordance of age. under subsection (a) to eligible living adult with applicable law. (3) DISBURSAL OF FUNDS FOR MINORS.—No members of the Community described in sub- (j) USE OF RESIDUAL FUNDS.—On request by judgment funds, nor any interest earned on section (c)(1). the governing body of the Community to the judgment funds, shall be disbursed from the (2) ADMINISTRATION AND DISTRIBUTION.—On Secretary, and after passage by the gov- account of a minor described in paragraph (1) disbursement of the funds under paragraph erning body of the Community of a tribal until such date as the minor reaches 18 years (1), the Community shall bear sole responsi- council resolution affirming the intention of of age. bility for administration and distribution of the governing body to have judgment funds (4) USE OF REMAINING JUDGMENT FUNDS.—On the funds. disbursed to, and deposited in the general request by the governing body of the Com- (f) SHARES OF DECEASED INDIVIDUALS.— fund of, the Community, any judgment funds munity, as manifested by the appropriate (1) IN GENERAL.—The Secretary, in accord- remaining after the date on which the Com- tribal council resolution, any judgment ance with regulations promulgated by the munity completes the per capita distribution funds remaining after the date of completion Secretary and in effect as of the date of en- under subsection (a) and makes any appro- of the per capita distribution under section actment of this Act, shall distribute to the priate payments under subsection (i) shall be 101(a) shall be disbursed to, and deposited in appropriate heirs and legatees of deceased disbursed to, and deposited in the general the general fund of, the Community. individuals described in subsection (c)(2) the fund of, the Community. SEC. 202. PLAN FOR USE AND DISTRIBUTION OF per capita shares of those deceased individ- (k) REVERSION OF PER-CAPITA SHARES TO uals. JUDGMENT FUNDS AWARDED IN TRIBAL OWNERSHIP.— DOCKET NO. 236–N. (2) ABSENCE OF HEIRS AND LEGATEES.—If the (1) IN GENERAL.—In accordance with the Secretary and the Community make a final first section of Public Law 87–283 (25 U.S.C. (a) DEFINITION OF PLAN.—In this section, determination that a deceased individual de- 164), the share for an individual eligible to the term ‘‘plan’’ means the plan for the use scribed in subsection (c)(2) has no heirs or receive a per-capita share under subsection and distribution of judgment funds awarded legatees, the per capita share of the deceased (a) that is held in trust by the Secretary, and to the Community in Docket No. 236–N of the individual and the interest earned on that any interest earned on that share, shall be United States Court of Federal Claims (59 share shall— restored to Community ownership if, for any Fed. Reg. 31092 (June 16, 1994)). (A) revert to the Community; and reason— (b) CONDITIONS.— (B) be deposited into the general fund of (A) subject to subsection (i), the share can- (1) PER CAPITA ASPECT.—Notwithstanding the Community. not be paid to the individual entitled to re- any other provision of law, the Community (g) SHARES OF LEGALLY INCOMPETENT INDI- ceive the share; and shall modify the last sentence of the para- VIDUALS.— (B) the share remains unclaimed for the 6- graph under the heading ‘‘Per Capita As- (1) IN GENERAL.—The Secretary shall de- year period beginning on the date on which pect’’ in the plan to read as follows: ‘‘Upon posit the shares of legally incompetent indi- the individual became eligible to receive the request from the Community, any residual viduals described in subsection (c)(2) in su- share. principal and interest funds remaining after pervised IIM accounts. (2) REQUEST BY COMMUNITY.—In accordance the Community has declared the per capita (2) ADMINISTRATION.—The IIM accounts de- with subsection (j), the Community may re- distribution complete shall be disbursed to, scribed in paragraph (1) shall be adminis- quest that unclaimed funds described in and deposited in the general fund of, the tered in accordance with regulations and paragraph (1)(B) be disbursed to, and depos- Community.’’. procedures established by the Secretary and ited in the general fund of, the Community. (2) GENERAL PROVISIONS.—Notwithstanding in effect as of the date of enactment of this any other provision of law, the Community Act. SEC. 102. RESPONSIBILITY OF SECRETARY; AP- PLICABLE LAW. shall— (h) SHARES OF MINORS.— (A) modify the third sentence of the first (1) IN GENERAL.—The Secretary shall de- (a) RESPONSIBILITY FOR FUNDS.—After the paragraph under the heading ‘‘General Provi- posit the shares of minors described in sub- date on which funds are disbursed to the sions’’ of the plan to strike the word ‘‘mi- section (c)(2) in supervised IIM accounts. Community under section 101(e)(1), the nors’’; and (2) ADMINISTRATION.— United States and the Secretary shall have (B) insert between the first and second (A) IN GENERAL.—The Secretary shall hold no trust responsibility for the investment, paragraphs under that heading the following: the per capita share of a minor described in supervision, administration, or expenditure subsection (c)(2) in trust until such date as of the funds disbursed. ‘‘Section 3(b)(3) of the Indian Tribal Judg- the minor reaches 18 years of age. (b) DECEASED AND LEGALLY INCOMPETENT ment Funds Use or Distribution Act (25 INDIVIDUALS.—Funds subject to subsections (B) NONAPPLICABLE LAW.—Section 3(b)(3) of U.S.C. 1403(b)(3)) shall not apply to any per the Indian Tribal Judgment Funds Use or (f) and (g) of section 101 shall continue to be capita share of a minor that is held, as of the Distribution Act (25 U.S.C. 1403(b)(3)) shall held in trust by the Secretary until the date date of enactment of the Gila River Indian not apply to any per capita share of a minor on which those funds are disbursed under Community Judgment Fund Distribution that is held by the Secretary under this Act. this Act. Act of 2003, by the Secretary. The Secretary (c) APPLICABILITY OF OTHER LAW.—Except (C) DISBURSEMENT.—No judgment funds, shall hold a per capita share of a minor in nor any interest earned on judgment funds, as otherwise provided in this Act, all funds trust until such date as the minor reaches 18 shall be disbursed from the account of a distributed under this Act shall be subject to years of age. No judgment funds, or any in- minor described in subsection (c)(2) until sections 7 and 8 of the Indian Tribal Judg- terest earned on judgment funds, shall be such date as the minor reaches 18 years of ment Funds Use or Distribution Act (25 disbursed from the account of a minor until age. U.S.C. 1407, 1408). such date as the minor reaches 18 years of (i) PAYMENT OF ELIGIBLE INDIVIDUALS NOT TITLE II—CONDITIONS RELATING TO age.’’. LISTED ON PAYMENT ROLL.— COMMUNITY JUDGMENT FUND PLANS TITLE III—EXPERT ASSISTANCE LOANS (1) IN GENERAL.—An individual who is not SEC. 201. PLAN FOR USE AND DISTRIBUTION OF listed on the payment roll, but is eligible to JUDGMENT FUNDS AWARDED IN SEC. 301. WAIVER OF REPAYMENT OF EXPERT AS- receive a payment under this Act, as deter- DOCKET NO. 228. SISTANCE LOANS TO GILA RIVER IN- DIAN COMMUNITY. mined by the Community, may be paid from (a) DEFINITION OF PLAN.—In this section, any remaining judgment funds after the date the term ‘‘plan’’ means the plan for the use Notwithstanding any other provision of on which— and distribution of judgment funds awarded law— (A) the Community makes the per capita to the Community in Docket No. 228 of the (1) the balance of all outstanding expert as- distribution under subsection (a); and United States Claims Court (52 Fed. Reg. 6887 sistance loans made to the Community under (B) all appropriate IIM accounts are estab- (March 5, 1987)), as modified in accordance Public Law 88–168 (77 Stat. 301) and relating lished under subsections (g) and (h). with Public Law 99–493 (100 Stat. 1241). to Gila River Indian Community v. United (2) INSUFFICIENT FUNDS.—If insufficient (b) CONDITIONS.—Notwithstanding any States (United States Court of Federal judgment funds remain to cover the cost of a other provision of law, the Community shall Claims Docket Nos. 228 and 236 and associ- payment described in paragraph (1), the modify the plan to include the following con- ated subdockets) are canceled; and Community may use Community-owned ditions with respect to funds distributed (2) the Secretary shall take such action as funds to make the payment. under the plan: is necessary— (3) MINORS, LEGALLY INCOMPETENT INDIVID- (1) APPLICABILITY OF OTHER LAW RELATING (A) to document the cancellation of loans UALS, AND DECEASED INDIVIDUALS.—In a case TO MINORS.—Section 3(b)(3) of the Indian under paragraph (1); and in which a payment described in paragraph Tribal Judgment Funds Use or Distribution (B) to release the Community from any li- (2) is to be made to a minor, a legally incom- Act (25 U.S.C. 1403(b)(3)) shall not apply to ability associated with those loans.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3755 ZUNI INDIAN TRIBE WATER into a Settlement Agreement to resolve all (5) RESERVATION; ZUNI HEAVEN RESERVA- RIGHTS SETTLEMENT ACT OF 2003 of the Zuni Indian Tribe’s water rights TION.—The term ‘‘Reservation’’ or ‘‘Zuni claims and to assist the Tribe in acquiring Heaven Reservation’’, also referred to as Mr. BENNETT. Mr. President, I ask surface water rights, to provide for the ‘‘Kolhu:wala:wa’’, means the following prop- unanimous consent that the Senate Tribe’s use of groundwater, and to provide erty in Apache County, Arizona: Sections 26, now proceed to the immediate consid- for the wetland restoration of the Tribe’s 27, 28, 33, 34, and 35, Township 15 North, eration of Calendar Item No. 31, S. 222. lands in Arizona. Range 26 East, Gila and Salt River Base and The PRESIDING OFFICER. The (7) To facilitate the wetland restoration Meridian; and Sections 2, 3, 4, 9, 10, 11, 13, 14, clerk will report the bill by title. project contemplated under the Settlement 15, 16, 23, 26, and 27, Township 14 North, The legislative clerk read as follows: Agreement, the Zuni Indian Tribe acquired Range 26 East, Gila and Salt River Base and certain lands along the Little Colorado River Meridian. A bill (S. 222) to approve the settlement of near or adjacent to its Reservation that are (6) SECRETARY.—The term ‘‘Secretary’’ water rights claims of the Zuni Indian Tribe important for the success of the project and means the Secretary of the Interior. in Apache County, Arizona, and for other will likely acquire a small amount of simi- (7) SETTLEMENT AGREEMENT.—The term purposes. larly situated additional lands. The parties ‘‘Settlement Agreement’’ means that agree- There being no objection, the Senate have agreed not to object to the United ment dated June 7, 2002, together with all ex- proceeded to consider the bill. States taking title to certain of these lands hibits thereto. The parties to the Settlement Mr. BENNETT. Mr. President, I ask into trust status; other lands shall remain in Agreement include the Zuni Indian Tribe and unanimous consent that the bill be tribal fee status. The parties have worked its members, the United States on behalf of the Tribe and its members, the State of Ari- read a third time and passed, the mo- extensively to resolve various governmental concerns regarding use of and control over zona, the Arizona Game and Fish Commis- tion to reconsider be laid upon the those lands, and to provide a successful sion, the Arizona State Land Department, table, and that any statements relating model for these types of situations, the the Arizona State Parks Board, the St. to the bill be printed in the RECORD. State, local, and tribal governments intend Johns Irrigation and Ditch Co., the Lyman The PRESIDING OFFICER. Without to enter into an Intergovernmental Agree- Water Co., the Round Valley Water Users’ objection, it is so ordered. ment that addresses the parties’ govern- Association, the Salt River Project Agricul- The bill (S. 222) was read the third mental concerns. tural Improvement and Power District, the time and passed, as follows: (8) Pursuant to the Settlement Agreement, Tucson Electric Power Company, the City of the neighboring non-Indian entities will as- St. Johns, the Town of Eagar, and the Town S. 222 sist in the Tribe’s acquisition of surface of Springerville. Be it enacted by the Senate and House of Rep- water rights and development of ground- (8) SRP.—The term ‘‘SRP’’ means the Salt resentatives of the United States of America in water, store surface water supplies for the River Project Agricultural Improvement and Congress assembled, Zuni Indian Tribe, and make substantial ad- Power District, a political subdivision of the SECTION 1. SHORT TITLE. ditional contributions to carry out the Set- State of Arizona. This Act may be cited as the ‘‘Zuni Indian tlement Agreement’s provisions. (9) TEP.—The term ‘‘TEP’’ means Tucson Tribe Water Rights Settlement Act of 2003’’. (9) To advance the goals of Federal Indian Electric Power Company. SEC. 2. FINDINGS AND PURPOSES. policy and consistent with the trust respon- (10) TRIBE, ZUNI TRIBE, OR ZUNI INDIAN TRIBE.—The terms ‘‘Tribe’’, ‘‘Zuni Tribe’’, or (a) FINDINGS.—Congress makes the fol- sibility of the United States to the Tribe, it lowing findings: is appropriate that the United States partici- ‘‘Zuni Indian Tribe’’ means the body politic (1) It is the policy of the United States, in pate in the implementation of the Settle- and federally recognized Indian nation, and keeping with its trust responsibility to In- ment Agreement and contribute funds for its members. dian tribes, to promote Indian self-deter- the rehabilitation of religious riparian areas (11) ZUNI LANDS.—The term ‘‘Zuni Lands’’ mination, religious freedom, political and and other purposes to enable the Tribe to use means all the following lands, in the State of cultural integrity, and economic self-suffi- its water entitlement in developing its Res- Arizona, that, on the effective date described ciency, and to settle, wherever possible, the ervation. in section 9(a), are— water rights claims of Indian tribes without (b) PURPOSES.—The purposes of this Act (A) within the Zuni Heaven Reservation; lengthy and costly litigation. are— (B) held in trust by the United States for (2) Quantification of rights to water and (1) to approve, ratify, and confirm the Set- the benefit of the Tribe or its members; or development of facilities needed to use tribal tlement Agreement entered into by the Tribe (C) held in fee within the Little Colorado water supplies effectively is essential to the and neighboring non-Indians; River basin by or for the Tribe. development of viable Indian reservation (2) to authorize and direct the Secretary of SEC. 4. AUTHORIZATION, RATIFICATIONS, AND communities, particularly in arid western the Interior to execute and perform the Set- CONFIRMATIONS. (a) SETTLEMENT AGREEMENT.—To the ex- States. tlement Agreement and related waivers; tent the Settlement Agreement does not (3) On August 28, 1984, and by actions sub- (3) to authorize and direct the United conflict with the provisions of this Act, such sequent thereto, the United States estab- States to take legal title and hold such title Settlement Agreement is hereby approved, lished a reservation for the Zuni Indian to certain lands in trust for the benefit of ratified, confirmed, and declared to be valid. Tribe in Apache County, Arizona upstream the Zuni Indian Tribe; and (4) to authorize the actions, agreements, The Secretary is authorized and directed to from the confluence of the Little Colorado execute the Settlement Agreement and any and Zuni Rivers for long-standing religious and appropriations as provided for in the Settlement Agreement and this Act. amendments approved by the parties nec- and sustenance activities. essary to make the Settlement Agreement (4) The water rights of all water users in SEC. 3. DEFINITIONS. consistent with this Act. The Secretary is the Little Colorado River basin in Arizona In this Act: further authorized to perform any actions re- have been in litigation since 1979, in the Su- (1) EASTERN LCR BASIN.—The term ‘‘East- quired by the Settlement Agreement and any perior Court of the State of Arizona in and ern LCR basin’’ means the portion of the Lit- amendments to the Settlement Agreement for the County of Apache in Civil No. 6417, In tle Colorado River basin in Arizona upstream that may be mutually agreed upon by the re The General Adjudication of All Rights to of the confluence of Silver Creek and the parties to the Settlement Agreement. Use Water in the Little Colorado River Sys- Little Colorado River, as identified on Ex- (b) AUTHORIZATION OF APPROPRIATIONS.— tem and Source. hibit 2.10 of the Settlement Agreement. There is authorized to be appropriated to the (5) Recognizing that the final resolution of (2) FUND.—The term ‘‘Fund’’ means the Zuni Indian Tribe Water Rights Development the Zuni Indian Tribe’s water claims through Zuni Indian Tribe Water Rights Development Fund established in section 6(a), $19,250,000, litigation will take many years and entail Fund established by section 6(a). to be allocated by the Secretary as follows: great expense to all parties, continue to (3) INTERGOVERNMENTAL AGREEMENT.—The (1) $3,500,000 for fiscal year 2004, to be used limit the Tribe’s access to water with eco- term ‘‘Intergovernmental Agreement’’ for the acquisition of water rights and asso- nomic, social, and cultural consequences to means the intergovernmental agreement be- ciated lands, and other activities carried out, the Tribe, prolong uncertainty as to the tween the Zuni Indian Tribe, Apache County, by the Zuni Tribe to facilitate the enforce- availability of water supplies, and seriously Arizona and the State of Arizona described ability of the Settlement Agreement, includ- impair the long-term economic planning and in article 6 of the Settlement Agreement. ing the acquisition of at least 2,350 acre-feet development of all parties, the Tribe and (4) PUMPING PROTECTION AGREEMENT.—The per year of water rights before the deadline neighboring non-Indians have sought to set- term ‘‘Pumping Protection Agreement’’ described in section 9(b). tle their disputes to water and reduce the means an agreement, described in article 5 of (2) $15,750,000, of which $5,250,000 shall be burdens of litigation. the Settlement Agreement, between the Zuni made available for each of fiscal years 2004, (6) After more than 4 years of negotiations, Tribe, the United States on behalf of the 2005, and 2006, to take actions necessary to which included participation by representa- Tribe, and a local landowner under which the restore, rehabilitate, and maintain the Zuni tives of the United States, the Zuni Indian landowner agrees to limit pumping of Heaven Reservation, including the Sacred Tribe, the State of Arizona, and neighboring groundwater on his lands in exchange for a Lake, wetlands, and riparian areas as pro- non-Indian communities in the Little Colo- waiver of certain claims by the Zuni Tribe vided for in the Settlement Agreement and rado River basin, the parties have entered and the United States on behalf of the Tribe. under this Act.

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(c) OTHER AGREEMENTS.—Except as pro- (B) Section 30: S 1/2 NE 1/4, W 1/2 NW 1/4 NE (3) REMOVAL.— vided in section 9, the following 3 separate 1/4; and (A) IN GENERAL.—Except as provided in agreements, together with all amendments (C) Section 32: N 1/2 NW 1/4 NE 1/4, SW 1/4 subparagraph (B), if a judicial action is com- thereto, are approved, ratified, confirmed, NE 1/4, S 1/2 SE 1/4 NE 1/4, NW 1/4, SW 1/4, N menced during a dispute over any intergov- and declared to be valid: 1/2 SE 1/4, SW 1/4 SE 1/4, N 1/2 SE 1/4 SE 1/4, ernmental agreement entered into under this (1) The agreement between SRP, the Zuni SW 1/4 SE 1/4 SE 1/4. section, and the United States is allowed to Tribe, and the United States on behalf of the (c) NEW RESERVATION LANDS.—Upon satis- intervene in such action, the United States Tribe, dated June 7, 2002. faction of the conditions in paragraph 6.2 of shall not remove such action to the Federal (2) The agreement between TEP, the Zuni the Settlement Agreement, after the re- courts. Tribe, and the United States on behalf of the quirements of section 9(a) have been met, (B) EXCEPTION.—The United States may Tribe, dated June 7, 2002. and upon acquisition by the Zuni Tribe, the seek removal if— (3) The agreement between the Arizona Secretary shall take the legal title of the (i) the action concerns the Secretary’s de- State Land Department, the Zuni Tribe, and following lands in Arizona into trust for the cision regarding the issuance of rights-of- the United States on behalf of the Tribe, benefit of the Zuni Tribe and make such way under section 8(c); dated June 7, 2002. lands part of the Zuni Indian Tribe Reserva- (ii) the action concerns the authority of a SEC. 5. TRUST LANDS. tion in Arizona: Section 34, T. 14 N., R. 26 E., Federal agency to administer programs or (a) NEW TRUST LANDS.—Upon satisfaction Gila and Salt River Base and Meridian. the issuance of a permit under— of the conditions in paragraph 6.2 of the Set- (d) LIMITATION ON SECRETARIAL DISCRE- (I) the Federal Water Pollution Control tlement Agreement, and after the require- TION.—The Secretary shall have no discre- Act (33 U.S.C. 1251 et seq.); ments of section 9(a) have been met, the Sec- tion regarding the acquisitions described in (II) the Safe Drinking Water Act (42 U.S.C. retary shall take the legal title of the fol- subsections (a), (b), and (c). 300f et seq.); (e) LANDS REMAINING IN FEE STATUS.—The lowing lands into trust for the benefit of the (III) the Clean Air Act (42 U.S.C. 7401 et Zuni Tribe may seek to have the legal title Zuni Tribe: seq.); or to additional lands in Arizona, other than (1) In T. 14 N., R. 27 E., Gila and Salt River (IV) any other Federal law specifically ad- the lands described in subsection (a), (b), or Base and Meridian: dressed in intergovernmental agreements; or (c), taken into trust by the United States for (A) Section 13: SW 1/4, S 1/2 NE 1/4 SE 1/4, (iii) the intergovernmental agreement is the benefit of the Zuni Indian Tribe pursuant W 1/2 SE 1/4, SE 1/4 SE 1/4; inconsistent with a Federal law for the pro- only to an Act of Congress enacted after the (B) Section 23: N 1/2, N 1/2 SW 1/4, N 1/2 SE tection of civil rights, public health, or wel- date of enactment of this Act specifically au- 1/4, SE 1/4 SE 1/4, N 1/2 SW 1/4 SE 1/4, SE 1/4 fare. thorizing the transfer for the benefit of the SW 1/4 SE 1/4; (m) RULE OF CONSTRUCTION.—Nothing in Zuni Tribe. (C) Section 24: NW 1/4, SW 1/4, S 1/2 NE 1/ this Act shall be construed to affect the ap- (f) FINAL AGENCY ACTION.—Any written 4, N 1/2 SE 1/4; and plication of the Act of May 25, 1918 (25 U.S.C. certification by the Secretary under sub- (D) Section 25: N 1/2 NE 1/4, SE 1/4 NE 1/4, 211) within the State of Arizona. paragraph 6.2.B of the Settlement Agreement NE 1/4 SE 1/4. (n) DISCLAIMER.—Nothing in this section constitutes final agency action under the (2) In T. 14 N., R. 28 E., Gila and Salt River repeals, modifies, amends, changes, or other- Administrative Procedure Act and is review- Base and Meridian: wise affects the Secretary’s obligations to able as provided for under chapter 7 of title (A) Section 19: W 1/2 E 1/2 NW 1/4, W 1/2 NW the Zuni Tribe pursuant to the Act entitled 5, United States Code. 1/4, W 1/2 NE 1/4 SW 1/4, NW 1/4 SW 1/4, S 1/ ‘‘An Act to convey certain lands to the Zuni (g) NO FEDERAL WATER RIGHTS.—Lands 2 SW 1/4; Indian Tribe for religious purposes’’ ap- taken into trust pursuant to subsection (a), proved August 28, 1984 (Public Law 98–408; 98 (B) Section 29: SW 1/4 SW 1/4 NW 1/4, NW 1/ (b), or (c) shall not have Federal reserved 4 NW 1/4 SW 1/4, S 1/2 N 1/2 SW 1/4, S 1/2 SW Stat. 1533) (and as amended by the Zuni Land rights to surface water or groundwater. Conservation Act of 1990 (Public Law 101–486; 1/4, S 1/2 NW 1/4 SE 1/4, SW 1/4 SE 1/4; (h) STATE WATER RIGHTS.—The water 104 Stat. 1174)). (C) Section 30: W 1/2 , SE 1/4; and rights and uses for the lands taken into trust (D) Section 31: N 1/2 NE 1/4, N 1/2 S 1/2 NE pursuant to subsection (a) or (c) must be de- SEC. 6. DEVELOPMENT FUND. 1/4, S 1/2 SE 1/4 NE 1/4, NW 1/4, E 1/2 SW 1/4, termined under subparagraph 4.1.A and arti- (a) ESTABLISHMENT OF THE FUND.— N 1/2 NW 1/4 SW 1/4, SE 1/4 NW 1/4 SW 1/4, E cle 5 of the Settlement Agreement. With re- (1) IN GENERAL.—There is established in the 1/2 SW 1/4 SW 1/4, SW 1/4 SW 1/4 SW 1/4. spect to the lands taken into trust pursuant Treasury of the United States a fund to be (b) FUTURE TRUST LANDS.—Upon satisfac- to subsection (b), the Zuni Tribe retains any known as the ‘‘Zuni Indian Tribe Water tion of the conditions in paragraph 6.2 of the rights or claims to water associated with Rights Development Fund’’, to be managed Settlement Agreement, after the require- these lands under State law, subject to the and invested by the Secretary, consisting ments of section 9(a) have been met, and terms of the Settlement Agreement. of— upon acquisition by the Zuni Tribe, the Sec- (i) FORFEITURE AND ABANDONMENT.—Water (A) the amounts authorized to be appro- retary shall take the legal title of the fol- rights that are appurtenant to lands taken priated in section 4(b); and lowing lands into trust for the benefit of the into trust pursuant to subsection (a), (b), or (B) the appropriation to be contributed by Zuni Tribe: (c) shall not be subject to forfeiture and the State of Arizona pursuant to paragraph (1) In T. 14 N., R. 26E., Gila and Salt River abandonment. 7.6 of the Settlement Agreement. Base and Meridian: Section 25: N 1/2 NE 1/4, (j) AD VALOREM TAXES.—With respect to (2) ADDITIONAL DEPOSITS.—The Secretary N 1/2 S 1/2 NE 1/4, NW 1/4, N 1/2 NE 1/4 SW 1/ lands that are taken into trust pursuant to shall deposit in the Fund any other monies 4, NE 1/4 NW 1/4 SW 1/4. subsection (a) or (b), the Zuni Tribe shall paid to the Secretary on behalf of the Zuni (2) In T. 14 N., R. 27 E., Gila and Salt River make payments in lieu of all current and fu- Tribe pursuant to the Settlement Agree- Base and Meridian: ture State, county, and local ad valorem ment. (A) Section 14: SE 1/4 SW 1/4, SE 1/4; property taxes that would otherwise be ap- (b) MANAGEMENT OF THE FUND.—The Sec- (B) Section 16: S 1/2 SW 1/4 SE 1/4; plicable to those lands if they were not in retary shall manage the Fund, make invest- (C) Section 19: S 1/2 SE 1/4 SE 1/4; trust. ments from the Fund, and make monies (D) Section 20: S 1/2 SW 1/4 SW 1/4, E 1/2 SE (k) AUTHORITY OF TRIBE.—For purposes of available from the Fund for distribution to 1/4 SE 1/4; complying with this section and article 6 of the Zuni Tribe consistent with the American (E) Section 21: N 1/2 NE 1/4, E 1/2 NE 1/4 NW the Settlement Agreement, the Tribe is au- Indian Trust Fund Management Reform Act 1/4, SE 1/4 NW 1/4, W 1/2 SW 1/4 NE 1/4, N 1/2 thorized to enter into— of 1994 (25 U.S.C. 4001 et seq.) (referred to in NE 1/4 SW 1/4, SW 1/4 NE 1/4 SW 1/4, E 1/2 NW (1) the Intergovernmental Agreement be- this section as the ‘‘Trust Fund Reform 1/4 SW 1/4, SW 1/4 NW 1/4 SW 1/4, W 1/2 SW 1/ tween the Zuni Tribe, Apache County, Ari- Act’’), this Act, and the Settlement Agree- 4 SW 1/4; zona, and the State of Arizona; and ment. (F) Section 22: SW 1/4 NE 1/4 NE 1/4, NW 1/ (2) any intergovernmental agreement re- (c) INVESTMENT OF THE FUND.—The Sec- 4 NE 1/4, S 1/2 NE 1/4, N 1/2 NW 1/4, SE 1/4 quired to be entered into by the Tribe under retary shall invest amounts in the Fund in NW1/4, N 1/2 SW 1/4 NW 1/4, SE 1/4 SW 1/4 NW the terms of the Intergovernmental Agree- accordance with— 1/4, N 1/2 N 1/2 SE 1/4, N 1/2 NE 1/4 SW 1/4; ment. (1) the Act of April 1, 1880 (21 Stat. 70, ch. (G) Section 24: N 1/2 NE 1/4, S 1/2 SE 1/4; (l) FEDERAL ACKNOWLEDGEMENT OF INTER- 41, 25 U.S.C. 161); (H) Section 29: N 1/2 N 1/2; GOVERNMENTAL AGREEMENTS.— (2) the first section of the Act of June 24, (I) Section 30: N 1/2 N 1/2, N 1/2 S 1/2 NW 1/ (1) IN GENERAL.—The Secretary shall ac- 1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and 4, N 1/2 SW 1/4 NE 1/4; and knowledge the terms of any intergovern- (3) subsection (b). (J) Section 36: SE 1/4 SE 1/4 NE 1/4, NE 1/4 mental agreement entered into by the Tribe (d) AVAILABILITY OF AMOUNTS FROM THE NE 1/4 SE 1/4. under this section. FUND.—The funds authorized to be appro- (3) In T. 14 N., R. 28 E., Gila and Salt River (2) NO ABROGATION.—The Secretary shall priated pursuant to section 3104(b)(2) and Base and Meridian: not seek to abrogate, in any administrative funds contributed by the State of Arizona (A) Section 18: S 1/2 NE 1/4, NE 1/4 SW 1/4, or judicial action, the terms of any intergov- pursuant to paragraph 7.6 of the Settlement NE 1/4 NW 1/4 SW 1/4, S 1/2 NW 1/4 SW 1/4, S ernmental agreement that are consistent Agreement shall be available for expenditure 1/2 SW 1/4, N 1/2 SE 1/4, N 1/2 SW 1/4 SE 1/4, with subparagraph 6.2.A of the Settlement or withdrawal only after the requirements of SE 1/4 SE 1/4; Agreement and this Act. section 9(a) have been met.

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(e) EXPENDITURES AND WITHDRAWAL.— shall constitute full and complete satisfac- memorial through the effective date de- (1) TRIBAL MANAGEMENT PLAN.— tion of all members’ claims for— scribed in section 9(a); (A) IN GENERAL.—The Zuni Tribe may with- (A) water rights under Federal, State, and (3) past, present, and future claims for draw all or part of the Fund on approval by other laws (including claims for water rights water rights and injuries to water rights (in- the Secretary of a tribal management plan in groundwater, surface water, and effluent) cluding water rights in groundwater, surface as described in the Trust Fund Reform Act. for Zuni Lands from time immemorial water, and effluent and any claims for dam- (B) REQUIREMENTS.—In addition to the re- through the effective date described in sec- ages for deprivation of water rights) from quirements under the Trust Fund Reform tion 9(a) and any time thereafter; and time immemorial through the effective date Act, the tribal management plan shall re- (B) injuries to water rights under Federal, described in section 9(a), and any time there- quire that the Zuni Tribe spend any funds in State, and other laws (including claims for after, for lands outside of Zuni Lands but lo- accordance with the purposes described in water rights in groundwater, surface water, cated within the Little Colorado River basin section 4(b). and effluent, claims for damages for depriva- in Arizona, based upon aboriginal occupancy (2) ENFORCEMENT.—The Secretary may tion of water rights, and claims for changes of lands by the Zuni Tribe or its prede- take judicial or administrative action to en- to underground water table levels) for Zuni cessors; force the provisions of any tribal manage- Lands from time immemorial through the ef- (4) past and present claims for failure to ment plan to ensure that any monies with- fective date described in section 9(a). protect, acquire, or develop water rights of, drawn from the Fund under the plan are used (2) NO RECOGNITION OR ESTABLISHMENT OF or failure to protect water quality for, the in accordance with this Act. INDIVIDUAL WATER RIGHT.—Nothing in this Zuni Tribe within the Little Colorado River (3) LIABILITY.—If the Zuni Tribe exercises Act recognizes or establishes any right of a basin in Arizona from time immemorial the right to withdraw monies from the Fund, member of the Tribe to water on the Res- through the effective date described in sec- neither the Secretary nor the Secretary of ervation. tion 9(a); and the Treasury shall retain any liability for (b) TRIBE AND UNITED STATES AUTHORIZA- (5) claims for breach of the trust responsi- the expenditure or investment of the monies TION AND WATER QUANTITY WAIVERS.—The bility of the United States to the Zuni Tribe withdrawn. Tribe, on behalf of itself and its members arising out of the negotiation of the Settle- (4) EXPENDITURE PLAN.— and the Secretary on behalf of the United ment Agreement or this Act. States in its capacity as trustee for the Zuni (A) IN GENERAL.—The Zuni Tribe shall sub- (d) TRIBAL WAIVER OF WATER QUALITY Tribe and its members, are authorized, as mit to the Secretary for approval an expend- CLAIMS AND INTERFERENCE WITH TRUST part of the performance of their obligations iture plan for any portion of the funds made CLAIMS.— under the Settlement Agreement, to execute available under this Act that the Zuni Tribe (1) CLAIMS AGAINST THE STATE AND OTH- does not withdraw under this subsection. a waiver and release, subject to paragraph 11.4 of the Settlement Agreement, for claims ERS.— (B) DESCRIPTION.—The expenditure plan (A) INTERFERENCE WITH TRUST RESPONSI- shall describe the manner in which, and the against the State of Arizona, or any agency or political subdivision thereof, or any other BILITY.—The Tribe, on behalf of itself and its purposes for which, funds of the Zuni Tribe members, is authorized, as part of the per- remaining in the Fund will be used. person, entity, corporation, or municipal corporation, under Federal, State, or other formance of its obligations under the Settle- (C) APPROVAL.—On receipt of an expendi- law for any and all— ment Agreement, to waive and release all ture plan under subparagraph (A), the Sec- (1) past, present, and future claims to claims against the State of Arizona, or any retary shall approve the plan if the Sec- water rights (including water rights in agency or political subdivision thereof, or retary determines that the plan is reason- groundwater, surface water, and effluent) for any other person, entity, corporation, or mu- able and consistent with this Act. Zuni Lands from time immemorial through nicipal corporation under Federal, State, or (5) ANNUAL REPORT.—The Zuni Tribe shall the effective date described in section 9(a) other law, for claims of interference with the submit to the Secretary an annual report and any time thereafter, except for claims trust responsibility of the United States to that describes all expenditures from the within the Zuni Protection Area as provided the Zuni Tribe arising out of the negotiation Fund during the year covered by the report. in article 5 of the Settlement Agreement; of the Settlement Agreement or this Act. (f) FUNDS FOR ACQUISITION OF WATER (2) past and present claims for injuries to (B) INJURY OR THREAT OF INJURY TO WATER RIGHTS.— water rights (including water rights in QUALITY.—The Tribe, on behalf of itself and (1) WATER RIGHTS ACQUISITIONS.—Notwith- groundwater, surface water, and effluent and its members, is authorized, as part of the standing subsection (e), the funds authorized including claims for damages for deprivation performance of its obligations under the Set- to be appropriated pursuant to section of water rights and any claims for changes to tlement Agreement, to waive and release, 4(b)(1)— underground water table levels) for Zuni subject to paragraphs 11.4, 11.6, and 11.7 of (A) shall be available upon appropriation Lands from time immemorial through the ef- the Settlement Agreement, all claims for use in accordance with section 4(b)(1); fective date described in section 9(a); and against the State of Arizona, or any agency and (3) past, present, and future claims for or political subdivision thereof, or any other (B) shall be distributed by the Secretary to water rights and injuries to water rights (in- person, entity, corporation, or municipal the Zuni Tribe on receipt by the Secretary cluding water rights in groundwater, surface corporation under Federal, State, or other from the Zuni Tribe of a written notice and water, and effluent and including any claims law, for— a tribal council resolution that describe the for damages for deprivation of water rights (i) any and all past and present claims, in- purposes for which the funds will be used. and any claims for changes to underground cluding natural resource damage claims (2) RIGHT TO SET OFF.—In the event the re- water table levels) from time immemorial under the Comprehensive Environmental Re- quirements of section 9(a) have not been met through the effective date described in sec- sponse, Compensation, and Liability Act of and the Settlement Agreement has become tion 9(a), and any time thereafter, for lands 1980 (42 U.S.C. 9601 et seq.), the Oil Pollution null and void under section 9(b), the United outside of Zuni Lands but located within the Act of 1990 (33 U.S.C. 2701 et seq.), or any States shall be entitled to set off any funds Little Colorado River basin in Arizona, based other applicable statute, for injury to water expended or withdrawn from the amount ap- upon aboriginal occupancy of lands by the quality accruing from time immemorial propriated pursuant to section 4(b)(1), to- Zuni Tribe or its predecessors. through the effective date described in sec- gether with any interest accrued, against (c) TRIBAL WAIVERS AGAINST THE UNITED tion 9(a), for lands within the Little Colo- any claims asserted by the Zuni Tribe STATES.—The Tribe is authorized, as part of rado River basin in the State of Arizona; and against the United States relating to water the performance of its obligations under the (ii) any and all future claims, including rights at the Zuni Heaven Reservation. Settlement Agreement, to execute a waiver natural resource damage claims under the (3) WATER RIGHTS.—Any water rights ac- and release, subject to paragraphs 11.4 and Comprehensive Environmental Response, quired with funds described in paragraph (1) 11.6 of the Settlement Agreement, for claims Compensation, and Liability Act of 1980 (42 shall be credited against any water rights se- against the United States (acting in its ca- U.S.C. 9601 et seq.), the Oil Pollution Act of cured by the Zuni Tribe, or the United pacity as trustee for the Zuni Tribe or its 1990 (33 U.S.C. 2701 et seq.), or any other ap- States on behalf of the Zuni Tribe, for the members, or otherwise acting on behalf of plicable statute, for injury or threat of in- Zuni Heaven Reservation in the Little Colo- the Zuni Tribe or its members), including jury to water quality, accruing after the ef- rado River General Stream Adjudication or any agencies, officials, or employees thereof, fective date described in section 9(a), for any in any future settlement of claims for those for any and all— lands within the Eastern LCR basin caused water rights. (1) past, present, and future claims to by— (g) NO PER CAPITA DISTRIBUTIONS.—No part water rights (including water rights in (I) the lawful diversion or use of surface of the Fund shall be distributed on a per cap- groundwater, surface water, and effluent) for water; ita basis to members of the Zuni Tribe. Zuni Lands, from time immemorial through (II) the lawful withdrawal or use of under- SEC. 7. CLAIMS EXTINGUISHMENT; WAIVERS AND the effective date described in section 9(a) ground water, except within the Zuni Protec- RELEASES. and any time thereafter; tion Area, as provided in article 5 of the Set- (a) FULL SATISFACTION OF MEMBERS’ (2) past and present claims for injuries to tlement Agreement; CLAIMS.— water rights (including water rights in (III) the Parties’ performance of any obli- (1) IN GENERAL.—The benefits realized by groundwater, surface water, and effluent and gations under the Settlement Agreement; the Tribe and its members under this Act, any claims for damages for deprivation of (IV) the discharge of oil associated with including retention of any claims and rights, water rights) for Zuni Lands from time im- routine physical or mechanical maintenance

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3758 CONGRESSIONAL RECORD — SENATE March 13, 2003 of wells or diversion structures not incon- from or relating to water quality in which Pumping Protection Agreement files a law- sistent with applicable law; the claim is based on injury to natural re- suit only relating directly to the interpreta- (V) the discharge of oil associated with sources or threat to natural resources in the tion or enforcement of this Act, the Settle- routine start-up and operation of well pumps Little Colorado River basin in Arizona, only ment Agreement, an agreement described in not inconsistent with applicable law; or for those cases in which the United States, paragraph (1), (2), or (3) of section 4(c), or a (VI) any combination of the causes de- through the Secretary or other designated Pumping Protection Agreement, naming the scribed in subclauses (I) through (V). Federal official, would act on behalf of the United States or the Tribe as a party, or if (2) CLAIMS OF THE UNITED STATES.—The Tribe as a natural resource trustee pursuant any other landowner or water user in the Tribe, on behalf of itself and its members, is to the National Contingency Plan, as set Little Colorado River basin in Arizona files a authorized to waive its right to request that forth, as of the date of enactment of this lawsuit only relating directly to the inter- the United States bring— Act, in section 300.600(b)(2) of title 40, Code of pretation or enforcement of Article 11, the (A) any claims for injuries to water quality Federal Regulations. rights of de minimis users in subparagraph under the natural resource damage provi- (2) FUTURE CLAIMS.—As part of the per- 4.2.D or the rights of underground water sions of the Comprehensive Environmental formance of its obligations under the Settle- users under Article 5 of the Settlement Response, Compensation, and Liability Act ment Agreement, the United States waives Agreement, naming the United States or the of 1980 (42 U.S.C. 9601 et seq.), the Oil Pollu- and releases, subject to the retentions in Tribe as a party— tion Act of 1990 (33 U.S.C. 2701 et seq.) or any paragraphs 11.4, 11.6 and 11.7 of the Settle- (1) the United States, the Tribe, or both other applicable statute, for lands within the ment Agreement, the State of Arizona, or may be added as a party to any such litiga- Little Colorado River Basin in the State of any agency or political subdivision thereof, tion, and any claim by the United States or Arizona, accruing from time immemorial or any other person, entity, corporation, or the Tribe to sovereign immunity from such through the effective date described in sec- municipal corporation for— suit is hereby waived, other than with re- tion 9(a); and (A) all future common law claims arising spect to claims for monetary awards except (B) any future claims for injuries or threat from or relating to water quality in which as specifically provided for in the Settlement of injury to water quality under the natural the injury or threat of injury asserted is to Agreement; and resource damage provisions of the Com- the Tribe’s interest in water, trust land, and (2) the Tribe may waive its sovereign im- prehensive Environmental Response, Com- natural resources in the Eastern LCR basin munity from suit in the Superior Court of pensation, and Liability Act of 1980 (42 in Arizona accruing after the effective date Apache County, Arizona for the limited pur- U.S.C. 9601 et seq.), the Oil Pollution Act of described in section 9(a) caused by— poses of enforcing the terms of the Intergov- 1990 (33 U.S.C. 2701 et seq.), or any other ap- (i) the lawful diversion or use of surface ernmental Agreement, and any intergovern- plicable statute, accruing after the effective water; mental agreement required to be entered date described in section 9(a), for any lands (ii) the lawful withdrawal or use of under- into by the Tribe under the terms of the within the Eastern LCR basin, caused by— ground water, except within the Zuni Protec- Intergovernmental Agreement, other than (i) the lawful diversion or use of surface tion Area, as provided in article 5 of the Set- with respect to claims for monetary awards water; tlement Agreement; except as specifically provided in the Inter- (ii) the lawful withdrawal or use of under- (iii) the Parties’ performance of any obli- governmental Agreement. ground water, except within the Zuni Protec- gations under the Settlement Agreement; (b) TRIBAL USE OF WATER.— tion Area, as provided in article 5 of the Set- (iv) the discharge of oil associated with (1) IN GENERAL.—With respect to water tlement Agreement; routine physical or mechanical maintenance rights made available under the Settlement (iii) the Parties’ performance of any obli- of wells or diversion structures not incon- Agreement and used on the Zuni Heaven Res- gations under the Settlement Agreement; sistent with applicable law; ervation— (iv) the discharge of oil associated with (v) the discharge of oil associated with rou- (A) such water rights shall be held in trust routine physical or mechanical maintenance tine start-up and operation of well pumps by the United States in perpetuity, and shall of wells or diversion structures not incon- not inconsistent with applicable law; or not be subject to forfeiture or abandonment; sistent with applicable law; (vi) any combination of the causes de- (B) State law shall not apply to water uses (v) the discharge of oil associated with rou- scribed in clauses (i) through (v); and on the Reservation; tine start-up and operation of well pumps (B) all future natural resource damage (C) the State of Arizona may not regulate not inconsistent with applicable law; or claims accruing after the effective date de- or tax such water rights or uses (except that (vi) any combination of the causes described in section 9(a) arising from or relat- the court with jurisdiction over the decree scribed in clauses (i) through (v). ing to water quality in which the claim is entered pursuant to the Settlement Agree- (3) LIMITATIONS.—Notwithstanding the au- based on injury to natural resources or ment or the Norviel Decree Court may assess thorization for the Tribe’s waiver of future threat to natural resources in the Eastern administrative fees for delivery of this water quality claims in paragraph (1)(B)(ii) LCR basin in Arizona, only for those cases in water); and the waiver in paragraph (2)(B), the Tribe, which the United States, through the Sec- (D) subject to paragraph 7.7 of the Settle- on behalf of itself and its members, retains retary or other designated Federal official, ment Agreement, the Zuni Tribe shall use any statutory claims for injury or threat of would act on behalf of the Tribe as a natural water made available to the Zuni Tribe injury to water quality under the Com- resource trustee pursuant to the National under the Settlement Agreement on the Zuni prehensive Environmental Response, Com- Contingency Plan, as set forth, as of the date Heaven Reservation for any use it deems ad- pensation, and Liability Act of 1980 (42 of enactment of this Act, in section visable; U.S.C. 9601 et seq.) and the Oil Pollution Act 300.600(b)(2) of title 40, Code of Federal Regu- (E) water use by the Zuni Tribe or the of 1990 (33 U.S.C. 2701 et seq.), as described in lations, caused by— United States on behalf of the Zuni Tribe for subparagraph 11.4(D)(3) and (4) of the Settle- (i) the lawful diversion or use of surface wildlife or instream flow use, or for irriga- ment Agreement, that accrue at least 30 water; tion to establish or maintain wetland on the years after the effective date described in (ii) the lawful withdrawal or use of under- Reservation, shall be considered to be con- section 9(a). ground water, except within the Zuni Protec- sistent with the purposes of the Reservation; (e) WAIVER OF UNITED STATES WATER QUAL- tion Area as provided in article 5 of the Set- and ITY CLAIMS RELATED TO SETTLEMENT LAND tlement Agreement; (F)(i) not later than 3 years after the dead- AND WATER.— (iii) the Parties’ performance of their obli- line described in section 9(b), the Zuni Tribe (1) PAST AND PRESENT CLAIMS.—As part of gations under this Settlement Agreement; shall adopt a water code to be approved by the performance of its obligations under the (iv) the discharge of oil associated with the Secretary for regulation of water use on Settlement Agreement, the United States routine physical or mechanical maintenance the lands identified in subsections (a) and (b) waives and releases, subject to the reten- of wells or diversion structures not incon- of section 5 that is reasonably equivalent to tions in paragraphs 11.4, 11.6 and 11.7 of the sistent with applicable law; State water law (including statutes relating Settlement Agreement, all claims against (v) the discharge of oil associated with rou- to dam safety and groundwater manage- the State of Arizona, or any agency or polit- tine start-up and operation of well pumps ment); and ical subdivision thereof, or any other person, not inconsistent with applicable law; or (ii) until such date as the Zuni Tribe entity, corporation, or municipal corpora- (vi) any combination of the causes de- adopts a water code described in clause (i), tion for— scribed in clauses (i) through (v). the Secretary, in consultation with the (A) all past and present common law (f) EFFECT.—Subject to subsections (b) and State of Arizona, shall administer water use claims accruing from time immemorial (e), nothing in this Act or the Settlement and water regulation on lands described in through the effective date described in sec- Agreement affects any right of the United that clause in a manner that is reasonably tion 9(a) arising from or relating to water States, or the State of Arizona, to take any equivalent to State law (including statutes quality in which the injury asserted is to the actions, including enforcement actions, relating to dam safety and groundwater Tribe’s interest in water, trust land, and nat- under any laws (including regulations) relat- management). ural resources in the Little Colorado River ing to human health, safety and the environ- (2) LIMITATION.— basin in the State of Arizona; and ment. (A) IN GENERAL.—Except as provided in (B) all past and present natural resource SEC. 8. MISCELLANEOUS PROVISIONS. subparagraph (B), the Zuni Tribe or the damage claims accruing through the effec- (a) WAIVER OF SOVEREIGN IMMUNITY.—If United States shall not sell, lease, transfer, tive date described in section 9(a) arising any party to the Settlement Agreement or a or transport water made available for use on

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3759 the Zuni Heaven Reservation to any other (B) the Endangered Species Act of 1973 (16 graph 7.6 of the Settlement Agreement shall place. U.S.C. 1531 et seq.); and revert to the State of Arizona. (B) EXCEPTION.—Water made available to (C) all other applicable environmental laws f the Zuni Tribe or the United States for use (including regulations). on the Zuni Heaven Reservation may be sev- SEC. 9. EFFECTIVE DATE FOR WAIVER AND RE- DESIGNATING SERVICE IN THE ered and transferred from the Reservation to LEASE AUTHORIZATIONS. JOINT COMMITTEE ON PRINTING other Zuni Lands if the severance and trans- (a) IN GENERAL.—The waiver and release Mr. BENNETT. Mr. President, I ask fer is accomplished in accordance with State authorizations contained in subsections (b) unanimous consent that the Senate law (and once transferred to any lands held and (c) of section 7 shall become effective as in fee, such water shall be subject to State proceed to the immediate consider- of the date the Secretary causes to be pub- ation of S. Con. Res. 20, which was sub- law). lished in the Federal Register a statement of (c) RIGHTS-OF-WAY.— all the following findings: mitted earlier today by Senators LOTT (1) NEW AND FUTURE TRUST LAND.—The land (1) This Act has been enacted in a form ap- and DODD. taken into trust under subsections (a) and proved by the parties in paragraph 3.1.A of The PRESIDING OFFICER. The (b) of section 5 shall be subject to existing the Settlement Agreement. clerk will report the concurrent resolu- easements and rights-of-way. (2) The funds authorized by section 4(b) tion by title. (2) ADDITIONAL RIGHTS-OF-WAY.— have been appropriated and deposited into The legislative clerk read as follows: (A) IN GENERAL.—Notwithstanding any the Fund. A concurrent resolution (S. Con. Res. 20) other provision of law, the Secretary, in con- (3) The State of Arizona has appropriated permitting the Chairman of the Committee sultation with the Tribe, shall grant addi- and deposited into the Fund the amount re- on Rules and Administration of the Senate tional rights-of-way or expansions of exist- quired by paragraph 7.6 of the Settlement to designate another member of the Com- ing rights-of-way for roads, utilities, and Agreement. mittee to serve on the Joint Committee on other accommodations to adjoining land- (4) The Zuni Indian Tribe has either pur- Printing in place of the Chairman. owners if— chased or acquired the right to purchase at There being no objection, the Senate (i) the proposed right-of-way is necessary least 2,350 acre-feet per annum of surface to the needs of the applicant; water rights, or waived this condition as pro- proceeded to consider the concurrent (ii) the proposed right-of-way will not vided in paragraph 3.2 of the Settlement resolution. cause significant and substantial harm to Agreement. Mr. BENNETT. Mr. President, I ask the Tribe’s wetland restoration project or re- (5) Pursuant to subparagraph 3.1.D of the unanimous consent that the concur- ligious practices; and Settlement Agreement, the severance and rent resolution be agreed to, and the (iii) the proposed right-of-way acquisition transfer of surface water rights that the motion to reconsider be laid upon the will comply with the procedures in part 169 Tribe owns or has the right to purchase have of title 25, Code of Federal Regulations, not table. been conditionally approved, or the Tribe The PRESIDING OFFICER. Without inconsistent with this subsection and other has waived this condition as provided in generally applicable Federal laws unrelated objection, it is so ordered. paragraph 3.2 of the Settlement Agreement. The concurrent resolution (S. Con. to the acquisition of interests across trust (6) Pursuant to subparagraph 3.1.E of the lands. Settlement Agreement, the Tribe and Lyman Res. 20) was agreed to, as follows: (B) ALTERNATIVES.—If the criteria de- Water Company have executed an agreement S. CON. RES. 20 scribed in clauses (i) through (iii) of subpara- relating to the process of the severance and Resolved by the Senate (the House of Rep- graph (A) are not met, the Secretary may transfer of surface water rights acquired by resentatives concurring), That effective for the propose an alternative right-of-way, or other the Zuni Tribe or the United States, the One Hundred Eighth Congress, the Chairman accommodation that complies with the cri- pass-through, use, or storage of the Tribe’s of the Committee on Rules and Administra- teria. surface water rights in Lyman Lake, and the tion of the Senate may designate another (d) CERTAIN CLAIMS PROHIBITED.—The operation of Lyman Dam. member of the Committee to serve on the United States shall make no claims for reim- (7) Pursuant to subparagraph 3.1.F of the Joint Committee on Printing in place of the bursement of costs arising out of the imple- Settlement Agreement, all the parties to the Chairman. mentation of this Act or the Settlement Settlement Agreement have agreed and stip- Agreement against any Indian-owned land f ulated to certain Arizona Game and Fish ab- within the Tribe’s Reservation, and no as- stracts of water uses. PROVIDING FOR MEMBERS OF THE sessment shall be made in regard to such (8) Pursuant to subparagraph 3.1.G of the JOINT COMMITTEE ON PRINTING costs against such lands. Settlement Agreement, all parties to the AND THE JOINT COMMITTEE OF (e) VESTED RIGHTS.—Except as described in paragraph 5.3 of the Settlement Agreement Settlement Agreement have agreed to the lo- CONGRESS ON THE LIBRARY (recognizing the Zuni Tribe’s use of 1,500 cation of an observation well and that well Mr. BENNETT. Mr. President, I ask acre-feet per annum of groundwater) this Act has been installed. (9) Pursuant to subparagraph 3.1.H of the unanimous consent that the Senate and the Settlement Agreement do not create now proceed to the immediate consid- any vested right to groundwater under Fed- Settlement Agreement, the Zuni Tribe, eral or State law, or any priority to the use Apache County, Arizona and the State of Ar- eration of S. Res. 84, which was sub- of groundwater that would be superior to any izona have executed an Intergovernmental mitted earlier today by Senators Lott other right or use of groundwater under Fed- Agreement that satisfies all of the condi- and Dodd. eral or State law, whether through this Act, tions in paragraph 6.2 of the Settlement The PRESIDING OFFICER. The the Settlement Agreement, or by incorpora- Agreement. clerk will report the resolution by tion of any abstract, agreement, or stipula- (10) The Zuni Tribe has acquired title to title. tion prepared under the Settlement Agree- the section of land adjacent to the Zuni The legislative clerk read as follows: ment. Notwithstanding the preceding sen- Heaven Reservation described as Section 34, Township 14 North, Range 26 East, Gila and A resolution (S. Res. 84) providing for tence, the rights of parties to the agree- members on the part of the Senate of the ments referred to in paragraph (1), (2), or (3) Salt River Base and Meridian. (11) The Settlement Agreement has been Joint Committee on Printing and the Joint of section 4(c) and paragraph 5.8 of the Set- Committee of Congress on the Library. tlement Agreement, as among themselves, modified if and to the extent it is in conflict shall be as stated in those agreements. with this Act and such modification has been There being no objection, the Senate (f) OTHER CLAIMS.—Nothing in the Settle- agreed to by all the parties to the Settle- proceeded to consider the resolution. ment Agreement or this Act quantifies or ment Agreement. Mr. BENNETT. Mr. President, I ask otherwise affects the water rights, claims, or (12) A court of competent jurisdiction has unanimous consent that the resolution entitlements to water of any Indian tribe, approved the Settlement Agreement by a be agreed to, and the motion to recon- band, or community, other than the Zuni In- final judgment and decree. sider be laid upon the table. dian Tribe. (b) DEADLINE FOR EFFECTIVE DATE.—If the The PRESIDING OFFICER. Without (g) NO MAJOR FEDERAL ACTION.— publication in the Federal Register required objection, it is so ordered. (1) IN GENERAL.—Execution of the Settle- under subsection (a) has not occurred by De- ment Agreement by the Secretary as pro- cember 31, 2006, sections 4 and 5, and any The resolution (S. Res. 84) was agreed vided for in section 4(a) shall not constitute agreements entered into pursuant to sec- to, as follows: major Federal action under the National En- tions 4 and 5 (including the Settlement S. RES. 84 vironmental Policy Act (42 U.S.C. 4321 et Agreement and the Intergovernmental Resolved, That the following named Mem- seq.). Agreement) shall not thereafter be effective bers be, and they are hereby, elected mem- (2) SETTLEMENT AGREEMENT.—In imple- and shall be null and void. Any funds and the bers of the following joint committees of menting the Settlement Agreement, the Sec- interest accrued thereon appropriated pursu- Congress: retary shall comply with all aspects of— ant to section 4(b)(2) shall revert to the JOINT COMMITTEE ON PRINTING: Mr. Cham- (A) the National Environmental Policy Act Treasury, and any funds and the interest ac- bliss, Mr. Cochran, Mr. Smith, Mr. Inouye, of 1969 (42 U.S.C. 4321 et seq.); crued thereon appropriated pursuant to para- and Mr. Dayton.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3760 CONGRESSIONAL RECORD — SENATE March 13, 2003 JOINT COMMITTEE OF CONGRESS ON THE LI- good illustration of how far we’ve proofing material, and the flames BRARY: Mr. Stevens, Mr. Lott, Mr. Cochran, come—and how far we have to go—in spread through the nightclub with Mr. Dodd, and Mr. Schumer. improving our emergency management shocking speed. By most estimates, it f capabilities. Local first responders took only 2 minutes—2 minutes—from were on the scene within minutes to the moment that soundproofing caught IMPROVED FIRE SAFETY IN help rescue victims, treat the injured, fire, until the building was engulfed in NONRESIDENTIAL BUILDINGS and fight the tremendous blaze that flames and filled with superheated, Mr. BENNETT. Mr. President, I ask consumed the Station nightclub. As toxic, black smoke. unanimous consent that the Senate casualties continued to mount, the As this disaster unfolded, heroic proceed to the immediate consider- Rhode Island Emergency Management emergency personnel rushed to the res- ation of H. Con. Res. 85, which is at the Agency coordinated the massive rescue cue, placing their own lives in jeop- desk. and recovery efforts by state and local ardy. Eyewitness accounts described The PRESIDING OFFICER. The agencies from Rhode Island, Massachu- amazing acts of bravery at the scene. clerk will report the concurrent resolu- setts, and Connecticut. Several hos- Firefighters saved dozens of men and tion by title. pitals in Rhode Island and Massachu- women, whom they pulled from the The legislative clerk read as follows: setts received scores of victims suf- doorways and windows of the burning A concurrent resolution (H. Con. Res. 85) fering from severe burns and smoke in- building. Meanwhile, EMTs did their expressing the sense of the Congress with re- halation, many of whom remain in best to stabilize those who were grave- gard to the need for improved fire safety in critical condition today. ly injured and worked with the police nonresidential buildings in the aftermath of There is no question that the re- to help bring order to the prevailing the tragic fire on February 20, 2003, at a sponse to the West Warwick fire was nightclub in West Warwick, Rhode Island. chaos. better than it would have been before Rhode Island is blessed with a net- There being no objection, the Senate September 11, 2001, thanks to our work of fine hospitals, several of which proceeded to consider the concurrent state’s efforts over the past 18 months have received national recognition for resolution. to strengthen emergency preparedness. the quality of their care. On that Mr. REED. Mr. President, yesterday Federal assistance in this regard has night, medical teams provided the best the House passed H. Con. Res.85, a reso- helped, including equipment and train- treatment for the injured, many of lution paying respect to the victims of ing grants from the Department of Jus- whom have a long recovery ahead. At the tragic nightclub fire on February tice’s Office of Domestic Preparedness, Rhode Island Hospital—which received 20, 2003 in West Warwick, RI, and ex- FIRE Grants from the Federal Emer- 65 fire victims, nearly all at once—an pressing the sense of Congress regard- gency Management Agency, and bio- entire floor was converted into a burn ing the need for improved fire safety in terror preparedness grants from the unit overnight. Surgeons, nurses, tech- buildings used by the public. I thank Department of Health and Human nicians and other support staff must my colleagues for expediting consider- Services, which included funding to have been overwhelmed by the trauma, ation of this important resolution in create regional hospital plans to re- but they persevered. the Senate today. spond to terrorism. Rhode Island’s new Governor, Don The West Warwick fire is a dev- But we can do better. As tragic as the Carcieri has been brilliant in managing astating loss that has affected the lives West Warwick fire was, it was a local- the State’s response to this crisis. Less of thousands of Rhode Islanders. Mr. ized event involving deaths and inju- than 2 months after taking office, Gov- President, 99 people have died, and ries in the hundreds rather than thou- ernor Carcieri has demonstrated re- nearly 190 people were injured, many of sands, yet it overwhelmed our state’s markable leadership abilities in the whom are still in hospitals in critical emergency response systems and hos- aftermath of the fire. His efforts came condition. pital emergency room capacity. Assist- at a critical time and helped ensure In the first minutes and hours of this ance from surrounding states and Fed- that every public official delivered a tragedy, our firefighters, police, and eral agencies was required to manage consistent, productive message. emergency medical personnel per- the immense tasks of emergency re- Whether speaking to all Rhode Is- formed heroically under horrific cir- sponse, medical care, and identifying landers at a televised press conference cumstances, as did many of the patrons scores of bodies. or visiting quietly with grieving fami- who were at the scene and helped to Rhode Island and other states, with lies, Governor Carcieri has emerged as save others. the support of the Federal Govern- a strong, reassuring presence during a I want to express my heartfelt condo- ment, will continue our efforts to very difficult time for Rhode Island. He lences to the many families of those strengthen the security of our home- has expressed our anger at what when who perished in the West Warwick fire, land, and we will apply the hard les- wrong, and our compassion for the vic- and to let them know that our sons learned in West Warwick about tims and their loved ones. thoughts and prayers are with them safety in public buildings. Federal agencies also responded im- and with the survivors who will strug- Mr. President, I thank my colleagues mediately to this enormous tragedy. I gle with the physical and mental toll of for supporting this important resolu- am grateful for all of the assistance this horrible event for the rest of their tion to urge state and local officials that Rhode Island has received thus lives. and owners of entertainment facilities far: from the Bureau of Alcohol, To- This was a catastrophe brought on by to examine their safety practices, fire bacco, and Firearms, the Department a series of bad decisions. Fault will be codes, and enforcement capabilities to of Health and Human Services, and the sorted out in time, but there are al- ensure that such a tragedy never be- Small Business Administration. ready lessons learned. falls any community again. My family and I extend our heartfelt State and local officials across the Mr. CHAFEE. Mr. President, 3 weeks sympathy to the families at this time country are, and should be, reexam- ago—on a cold winter evening—several of great sadness. I hope they will take ining their fire and building codes and hundred people gathered at the Station some comfort in knowing that even stepping up enforcement of safety prac- nightclub, a popular venue for live with a population of more than 1 mil- tices in public buildings to make sure bands in West Warwick, RI. They had lion people, Rhode Island is small that a tragedy like this does not hap- come to spend time with friends and to enough that its citizens consider one pen again. Congress should do every- listen to music. Too quickly, this fes- another as neighbors. That sense of thing it can to support this effort and tive occasion turned to horror. closeness—developed over decades of to encourage both state and local gov- A local television cameraman—who shared experiences, both joyful and sor- ernments and federal agencies to adopt ironically was there to shoot footage rowful—binds us together and is part of and strictly enforce the most current for a news story on nightclub safety— what makes Rhode Island unique fire and building consensus codes. captured the scene in an extraordinary among the States. In addition, as our nation continues piece of video that will haunt Rhode Is- Those connections are especially to fight the war on terror, the response landers for many years. A pyrotechnic strongly felt in small towns and vil- to the West Warwick fire provides a display on stage ignited nearby sound- lages, such as Potowomut, where my

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 2003 CONGRESSIONAL RECORD — SENATE S3761 family has made its home for many AUTHORIZING TESTIMONY AND The PRESIDING OFFICER. The years. Potowomut is a close-knit com- LEGAL REPRESENTATION clerk will report the resolution by munity, somewhat isolated from the Mr. BENNETT. Mr. President, I ask title. rest of the city of Warwick and Rhode unanimous consent that the Senate The legislative clerk read as follows: Island—on a peninsula that juts out now proceed to the immediate consid- A resolution (S. Res. 87) commemorating into Narragansett Bay. Sadly, a fellow eration of S. Res. 86, which was sub- the Centennial Anniversary of the National Wildlife Refuge System. Potowomut resident, Tracy King, was mitted earlier today. among those who perished in the fire. The PRESIDING OFFICER. The There being no objection, the Senate Tracy was working at the Station clerk will report the resolution by proceeded to consider the resolution. Mr. GRAHAM of Florida. 100 years nightclub on the night of the fire, and title. ago tomorrow, President Theodore as least initially, managed to escape The legislative clerk read as follows: Roosevelt ordered that a small island the blaze. Once outside, however, he A resolution (S. Res. 86) to authorize testi- in Florida’s Indian River be forever rushed back into the building to help mony and legal representation in W. Curtis protected as a ‘‘preserve and breeding others scramble to safety. Tracy was a Shain v. G. Hunter Bates, et al. ground for native birds.’’ With this tall, powerful man—always bursting There being no objection, the Senate simple promise of wildlife protection, with energy—and I am certain that he proceeded to consider the resolution. the National Wildlife Refuge System helped save some lives. I share in the Mr. BENNETT. Mr. President, I ask was born. A century later, the refuge heartbreak that all of Tracy’s friends unanimous consent that the resolution be agreed to, the preamble be agreed system has grown to include more that feel, knowing that he did not make it 530 refuges on more than 94 million back out in time. to, the motion to reconsider be laid upon the table, and that any state- acres with locations in every state. In recent years, Tracy had achieved a Florida’s National Wildlife Refuges ments relating to this matter be print- measure of fame in Rhode Island, as he have been fulfilling the promise of pro- had an unusual talent for balancing ed in the RECORD. The PRESIDING OFFICER. Without tecting wildlife for a full century. Peli- large, heavy objects on his chin— can Island, the first refuge, is being re- Christmas trees, ladders, desks—even a objection, it is so ordered. The resolution (S. Res. 86) was agreed stored to its original size so that birds refrigerator—all balanced perfectly on to. may be able to find refuge there for the his chin. The preamble was agreed to. next hundred years. Archie Carr Na- In 1993, he appeared on ‘‘The Late The resolution, with its preamble, tional Wildlife Refuge in Titusville Show with David Letterman,’’ and bal- reads as follows: protects endangered sea turtles so they anced a 17-foot canoe. Imagine that—a S. RES. 86 have an undisturbed place to lay their 17-foot canoe, straight up in the air! Whereas, in the case of W. Curtis Shain v. eggs. And, Florida Panther National Tracy was a wonderful entertainer, and G. Hunter Bates, et al., No. 03–CI–00153, pend- Wildlife Refuge in Naples is protecting he especially enjoyed performing for ing in Division II of the Oldham Circuit our state animal, the Florida Panther, groups of children. He generously Court, Twelfth Judicial Circuit, Common- which is on the brink of extinction. shared his talent at local festivals, wealth of Kentucky, an affidavit has been re- The National Wildlife Refuges in schools, and hospitals—everyone de- quested from Senator Mitch McConnell; Florida have been protecting more lighted in seeing him in action. Whereas, pursuant to sections 703(a) and than just animals. As part of the great- 704(a)(2) of the Ethics in Government Act of Tracy King leaves behind his wife, er Everglades ecosystem, Ten Thou- 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the sand Islands National Wildlife Refuge Evelyn, and three sons—Joshua, Jacob, Senate may direct its counsel to represent and Jordan. I ask my colleagues to re- Members of the Senate with respect to any and the Arthur R. Marshall member the King family in their pray- subpoena, order, or request for testimony re- Loxahatchee National Wildlife Refuge are protecting both the wildlife and ers. lating to their official responsibilities; Whereas, by the privileges of the Senate of habitats that make up part of Amer- We also remember that there are the United States and Rule XI of the Stand- ica’s Everglades. many other families in Rhode Island, ing Rules of the Senate, no evidence under Florida is a destination for sports- and across the State line in Massachu- the control or in the possession of the Senate men and nature lovers throughout the setts, that are still coping with this may, by the judicial or administrative proc- world. Be they avid hunters or fisher- sudden, traumatic loss. In the days fol- ess, be taken from such control or possession men or tourists traveling to visit our lowing the fire, survivors and family but by permission of the Senate; Whereas, by Rule VI of the Standing Rules unsurpassed beaches or the pristine members of those who had died or been of the Senate, no Senator shall absent him- beauty of Florida’s interior, the Na- injured gathered together to mourn, to self from the service of the Senate without tional Wildlife Refuge System is part ask questions, and to share their sto- leave; and of the allure, with facilities and loca- ries. May they continue to draw Whereas, when it appears that evidence tions to cater to any person who wants strength from one another, and be sus- under the control or in the possession of the to visit nature. tained by the enduring support of their Senate may promote the administration of Nationwide, more than 35 million community. justice, the Senate will take such action as people visit national wildlife refuges to will promote the ends of justice consistent The Senate is considering this con- with the privileges of the Senate: Now, see some of the world’s most amazing current resolution recently approved in therefore, be it wildlife spectacles, or to fish, hunt, the House, cosponsored by my col- Resolved, That Senator McConnell is au- photograph nature, and learn about our leagues in the Rhode Island delegation, thorized to provide testimony in the case of natural and cultural history. expressing the importance of improved W. Curtis Shain v. G. Hunter Bates, et al., ex- The centennial anniversary of the fire safety in nonresidential buildings cept concerning matters for which a privi- National Wildlife Refuge System is a in the aftermath of this tragic fire. I lege should be asserted and when his attend- time to celebrate these natural treas- ance at the Senate is necessary for the per- urge adoption of the resolution. ures and recognize their value to our formance of his legislative duties. society. Today there is a celebration of Mr. BENNETT. Mr. President, I ask SEC. 2. The Senate Legal Counsel is author- unanimous consent that the concur- ized to represent Senator McConnell in con- Pelican Island to commemorate this rent resolution and preamble be agreed nection with any testimony authorized in historic day. Throughout the year, to en bloc, that the motion to recon- section one of this resolution. there will be other celebrations in honor of 100 years of successful preser- sider be laid upon the table, with no in- f vation. Because National Wildlife Ref- tervening action or debate, and that CENTENNIAL ANNIVERSARY OF uges have been such an important part any statements relating to this meas- NATIONAL WILDLIFE REFUGE of the ecological preservation of our ure be printed in the RECORD. SYSTEM nation, I joined with my colleague The PRESIDING OFFICER. Without Mr. BENNETT. Mr. President, I ask from Florida, Senator NELSON, in spon- objection, it is so ordered. unanimous consent that the Senate soring a resolution that would reaffirm The concurrent resolution (H. Con. now proceed to the immediate consid- the strong support that the National Res. 85) was agreed to. eration of S. Res. 87, introduced earlier Wildlife Refuge System enjoys in this The preamble was agreed to. today by Senator NELSON of Florida. body.

VerDate Mar 15 2010 21:22 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\2003SENATE\S13MR3.REC S13MR3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3762 CONGRESSIONAL RECORD — SENATE March 13, 2003 National Wildlife Refuges are a key pertise to making the National Wildlife Mr. BENNETT. Mr. President, I ask component of our nation’s conserva- Refuge experience a memorable one for unanimous consent that the resolution tion network. Because of the establish- all of us. be agreed to, the preamble be agreed ment of the Refuge System, wildlife of Congratulations to all involved in to, the motion to reconsider be laid all types have a safe place to live and the National Wildlife Refuge System. upon the table, and that any state- human beings have a place to interact Mr. BENNETT. Mr. President, I ask ments relating to this matter be print- with the wildlife and nature in an eco- unanimous consent that the resolution ed in the RECORD. logically responsible way. The National and preamble be agreed to en bloc, the The PRESIDING OFFICER. Without Wildlife Refuge System has had a suc- motion to reconsider be laid upon the objection, it is so ordered. cessful 100 years and I hope we can con- table, with no intervening action or de- The resolution (S. Res. 88) was agreed tinue to support the system so it pros- bate, and that any statements relating to. pers for the next 100 years. to this measure be printed in the The preamble was agreed to. Mr. JEFFORDS. Mr. President, I join RECORD. The resolution, with its preamble, my colleagues from Florida in com- The PRESIDING OFFICER. Without reads as follows: memorating the 100th anniversary of objection, it is so ordered. S. RES. 88 the founding of the National Wildlife The resolution (S. Res. 87) was agreed Whereas James Buckley served in the Refuge System. One hundred years ago, to. United States Senate with great dedication, President Teddy Roosevelt established The preamble was agreed to. integrity, and professionalism as a trusted the first wildlife refuge, Florida’s 3- The resolution, with its preamble, colleague from the State of New York; acre Pelican Island. This small begin- reads as follows: Whereas James Buckley served with dis- ning has given rise to more than 500 S. RES. 87 tinction for more than a decade as a Circuit Judge on the United States Court of Appeals Whereas March 14, 2003, will mark the Cen- National Wildlife Refuges throughout for the District of Columbia Circuit; tennial Anniversary of the National Wildlife our country, demonstrating that Amer- Whereas James Buckley’s long and distin- Refuge System; icans want unique places for wildlife to guished career in public service also included Whereas the United States Senate conserving in the U.S. Navy during World War flourish and allow for recreation. tinues to fully support the mission of the Na- II, as Undersecretary of State for Security While Florida is home to the first ref- tional Wildlife Refuge System, and shares Assistance, and as President of Radio Free uge, my state of Vermont home to two President Theodore Roosevelt’s view that: Europe; refuges, the Missisquoi National Wild- ‘‘Wild beasts and birds are by right not the Whereas James Buckley celebrated his 80th life Refuge and the Silvio O. Conte Na- property merely of the people who are alive birthday earlier this week: Now, therefore, today, but the property of unknown genera- tional Wildlife Refuge. be it tions, whose belongings we have no right to The Missisquoi Refuge, founded in Resolved, That the Senate— squander’’; 1943, was established to provide a rest- (1) acknowledges and honors the tremen- Whereas President Theodore Roosevelt’s ing feeding area for migratory water- dous contributions made by James Buckley vision in 1903 to conserve wildlife started fowl, and as a general wildlife refuge. It during his distinguished career to the execu- with the plants and animals on the tiny Peli- tive, legislative, and judicial branches of the spans 6,592 acres on the eastern shore can Island on Florida’s East Coast, and has United States; and of Lake Champlain. It is a mix of hard- flourished across the United States and its (2) congratulates and expresses best wishes wood forests and open fields and home territories, allowing for the preservation of a to James Buckley on the celebration of his to the largest heron rookery in vast array of species; and 80th birthday. Vermont. More than 200,000 ducks con- Whereas the National Wildlife Refuge Sys- verge on the refuge each fall and most tem of 540 refuges, that now hosts 35,000,000 f of Vermont’s black terns nest on the visitors annually, with the help of 30,000 vol- HONORING FORMER GOVERNOR refuge. Osprey nest on the refuge and unteers, is home to wildlife of almost every ORVILLE L. FREEMAN variety in every state of the union within an Missisquoi River and the shoreline of hour’s drive of almost every major city: Mr. BENNETT. Mr. President, I ask Lake Champlain provide outstanding Now, therefore, be it unanimous consent that the Senate fishing opportunities. Resolved, That the Senate— proceed to the immediate consider- Our Silvio O. Conte Refuge, founded (1) congratulates the National Wildlife Ref- ation of S. Res. 89, which was intro- in 1997, is shared with New Hampshire uge System on its Centennial Anniversary; duced earlier today by Senators Day- and Massachusetts. It was established (2) expresses strong support for the Na- tional Wildlife Refuge System’s continued ton and Coleman. to protect the abundance and diversity The PRESIDING OFFICER. The of native species throughout the 7.2 success in the next 100 years and beyond; (3) encourages the National Wildlife Refuge clerk will report the resolution by million-acre Connecticut River water- System in its continued efforts to broaden title. shed. In addition to protecting rare understanding and appreciation for the Ref- The legislative clerk read as follows: species, native plants and animals and uge System, to increase partnerships on be- A resolution (S. Res. 89) honoring the life their habitat, managers of this refuge half of the National Wildlife Refuge System of former Governor of Minnesota Orville L. are working with partners throughout to better manage and monitor wildlife, and Freeman, and expressing the deepest condo- New England to help control invasive to continue its support of outdoor rec- lences of the Senate to his family on his species. reational activities; and death. The wildlife and recreation opportu- (4) reaffirms its commitment to continued support for the National Wildlife Refuge Sys- There being no objection, the Senate nities provided by our refugees are tem, and the conservation of our Nation’s proceeded to consider the resolution. made possible by the dedication of the rich natural heritage. Mr. BENNETT. Mr. President, I ask Fish and Wildlife Service employees, f unanimous consent that the resolution who I could like to congratulate today. and preamble be agreed to en bloc, the Without their expertise and dedication HONORING THE 80TH BIRTHDAY OF motion to reconsider be laid upon the to providing visitors with hunting, JAMES L. BUCKLEY table, with no intervening action or de- fishing, wildlife observation, photog- Mr. BENNETT. Mr. President, I ask bate, and that any statements relating raphy, interpretation and environ- unanimous consent that the Senate to this measure be printed in the mental education opportunities, our proceed to the immediate consider- RECORD. refuge system would not be enjoying ation of S. Res. 88 which was submitted The PRESIDING OFFICER. Without the success we are celebrating today. earlier today by Senator HATCH. objection, it is so ordered. They provided this public service to The PRESIDING OFFICER. The The resolution (S. Res. 89) was agreed more than 55,000 annual visitors at our clerk will report the resolution by to. 2 refugees and I hope that these class- title. The preamble was agreed to. rooms of natural continue to provide The legislative clerk read as follows: The resolution, with its preamble, children and adult alike a unique edu- A resolution (S. Res. 88) honoring the 80th reads as follows: cational experience. birthday of James L. Buckley, former United S. RES. 89 In addition, I would like to acknowl- States Senator for the State of New York. Whereas the Senate has learned with sad- edge the thousands of volunteers na- There being no objection, the Senate ness of the death of former Governor of Min- tionwide who give their time and ex- proceeded to consider the resolution. nesota Orville L. Freeman;

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Kappa honors student, graduated magna cum Budget Committee have from 11 a.m. laude from the University of Minnesota; until noon on March 14 to report legis- CALENDAR NO. 4 Whereas Orville L. Freeman, a Major in lative matters. Resolved, (two-thirds of the Senators present the Marine Corps, served the United States concurring therein), That the Senate advise with honor and distinction during World War f and consent to the ratification of the Second Additional Protocol That Modifies the Con- II, and was awarded a Purple Heart for EXECUTIVE SESSION wounds associated with his heroism; vention Between the Government of the Whereas the organizational leadership of United States of America and the Govern- Orville L. Freeman helped build the Min- ment of the United Mexican States for the nesota Democratic-Farmer-Labor Party into TREATIES Avoidance of Double Taxation and the Pre- a successful political party; Mr. BENNETT. Mr. President, I ask vention of Fiscal Evasion with Respect to Whereas, in 1954, Orville L. Freeman be- Taxes on Income, signed at Mexico City on unanimous consent that the Senate November 26, 2002 (Treaty Doc. 108–3). came the first Democratic-Farmer-Labor proceed to executive session to con- candidate to be elected Governor of Min- sider the following treaties on today’s f nesota; ORDERS FOR MONDAY, MARCH 17, Whereas Orville L. Freeman, elected to 3 Executive Calendar: Nos. 2, 3, and 4. consecutive terms as Governor, advanced the I further ask unanimous consent that 2003 concept of governance now known as ‘‘the the treaties be considered as having Mr. BENNETT. Mr. President, I ask Minnesota Consensus,’’ which views govern- passed through their various par- unanimous consent that when the Sen- ment as a positive force in the lives of citi- liamentary stages up to and including ate completes its business today, it zens, and government programs as invest- the presentation of the resolutions of stand in adjournment until 1 p.m., ments in Minnesota’s future; ratification; that any statements be in- Monday, March 17. I further ask that Whereas, during his service as Governor of serted in the RECORD as if read; and following the prayer and the pledge, Minnesota, Orville L. Freeman increased State funding for education, improved health that the Senate take one vote on the the morning hour be deemed to have and rehabilitation programs, expanded con- resolutions of ratification to be consid- expired and the Journal of proceedings servation efforts, and achieved many other ered as separate votes; further, that be approved to date, the time for the successes that improved his State and the when the resolutions of ratification are two leaders be reserved for their use lives of its citizens; voted upon, the motion to reconsider later in the day, and the Senate then Whereas Orville L. Freeman served as the be laid upon the table, the President be begin a period of morning business Secretary of Agriculture in the administra- notified of the Senate’s action, and until the hour of 2 p.m., with the time tions of President John F. Kennedy and that following the disposition of the equally divided between the two lead- President Lyndon B. Johnson, during which ers or their designee. service he initiated global food assistance treaties the Senate return to legislative session. The PRESIDING OFFICER. Without programs and developed the domestic food objection, it is so ordered. stamp and school breakfast programs; The PRESIDING OFFICER. Without Whereas, in addition to his outstanding objection, it is so ordered. The treaties f public service, Orville L. Freeman was also a will be considered to have passed PROGRAM successful international lawyer and business through their various parliamentary Mr. BENNETT. Mr. President, for the executive; stages up to and including the presen- information of all Senators, on Monday Whereas Orville L. Freeman was a devoted tation of the resolutions of ratifica- husband to his wife, Jane, for 62 years, a lov- the Senate will be in a period of morn- tion. ing father to two exceptional children, Con- ing business until 2 p.m. Under a pre- stance and Michael, and a proud grandfather Mr. BENNETT. Mr. President, I ask vious agreement, at 2 p.m. the Senate to three talented grandchildren, Elizabeth, for a division vote on the resolutions of will begin consideration of the budget Kathryn, and Matthew; and ratification. resolution. I remind my colleagues Whereas Orville L. Freeman led a life that The PRESIDING OFFICER. A divi- that under the budget procedures, was remarkable for its breadth of pursuits, sion has been requested. multitude of accomplishments, standards of there will be up to 50 hours for debate Senators in favor of the ratification on the resolution. Members, therefore, excellence, dedication to public service, and of these treaties, please rise. (After a important contributions to the improvement should anticipate late sessions and nu- of his country and the lives of his fellow citi- pause.) Those opposed will rise and merous rollcall votes next week. zens: Now, therefore, be it stand until counted. As a reminder, another cloture mo- With two-thirds of the Senators Resolved, That the United States Senate— tion was filed on the Estrada nomina- (1) pays tribute to the outstanding career present having voted in the affirmation today. That cloture vote will and devoted work of the great Minnesota and tive, the resolutions of ratification are occur on Tuesday morning. As an- national leader, Orville L. Freeman; agreed to. nounced earlier, there will be no roll- (2) expresses its deepest condolences to the The resolutions of ratification are as call votes on Monday. The next rollcall family of Orville L. Freeman on his death; follows: vote will occur on Tuesday morning, and CALENDER NO. 2 and Senators will be notified of the (3) directs the Secretary of the Senate to Resolved, (two-thirds of the Senators present time when that vote will occur. transmit an enrolled copy of this resolution concurring therein), That the Senate advise to the family of Orville L. Freeman. f and consent to the ratification of the Con- vention between the Government of the ADJOURNMENT UNTIL 1 P.M., f United States of America and the Govern- MONDAY, MARCH 17, 2003 ment of the United Kingdom of Great Britain The PRESIDING OFFICER. Mr. PRINTING OF TRIBUTES TO DR. and Northern Ireland for the Avoidance of President, if there is no further busi- LLOYD OGILVIE Double Taxation and the Prevention of Fis- ness to come before the Senate, I ask cal Evasion with Respect to Taxes on Income unanimous consent that the Senate and on Capital Gains, signed at London on Mr. BENNETT. Mr. President, I ask stand in adjournment under the pre- unanimous consent that the tributes to July 24, 2001, together with an Exchange of Notes, as amended by the Protocol signed at vious order. Dr. Lloyd Ogilvie, the retiring Senate Washington on July 19, 2002 (Treaty Doc. 107– There being no objection, the Senate, Chaplain, be printed as a Senate docu- 19). at 7:20 p.m., adjourned until Monday, ment, with the understanding that March 17, 2003, at 1 p.m. Members have until 12 noon, Friday, CALENDAR NO. 3 f March 21, to submit these tributes. Resolved, (two-thirds of the Senators present NOMINATIONS concurring therein), That the Senate advise The PRESIDING OFFICER. Without and consent to the ratification of the Pro- Executive nominations received by objection, it is so ordered. tocol Amending the Convention Between the the Senate March 13, 2003:

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DEPARTMENT OF JUSTICE To be major general COLONEL OSCAR S. DEPRIEST IV, 0000 COLONEL MARI K. EDER, 0000 R. HEWITT PATE, OF VIRGINIA, TO BE AN ASSISTANT BRIGADIER GENERAL JEFFERY L. ARNOLD, 0000 COLONEL DENNIS P. GEOGHAN, 0000 ATTORNEY GENERAL, VICE CHARLES A. JAMES, JR. BRIGADIER GENERAL ROBERT M. CARROTHERS, 0000 COLONEL ALAN E. GRICE, 0000 THE JUDICIARY BRIGADIER GENERAL MICHAEL G. CORRIGAN, 0000 COLONEL PAUL F. HAMM, 0000 BRIGADIER GENERAL GEORGE R. FAY, 0000 COLONEL PHILIP L. HANRAHAN, 0000 DAVID G. CAMPBELL, OF ARIZONA, TO BE UNITED BRIGADIER GENERAL JOHN R. HAWKINS III, 0000 COLONEL CHRISTOPHER A. INGRAM, 0000 BRIGADIER GENERAL MICHAEL K. JELINSKY, 0000 STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- COLONEL JANIS L. KARPINSKI, 0000 ZONA, VICE A NEW POSITION CREATED BY PUBLIC LAW BRIGADIER GENERAL TERRILL K. MOFFETT, 0000 COLONEL JOHN F. MCNEILL, 0000 107–273, APPROVED NOVEMBER 5, 2002. BRIGADIER GENERAL PAUL D. PATRICK, 0000 BRIGADIER GENERAL HARRY J. PHILIPS JR., 0000 COLONEL WILLIAM MONK III, 0000 DEPARTMENT OF STATE BRIGADIER GENERAL JERRY W. RESHETAR, 0000 COLONEL GARY M. PROFIT, 0000 COLONEL DOUGLAS G. RICHARDSON, 0000 HELEN R. MEAGHER LA LIME, OF FLORIDA, A CAREER BRIGADIER GENERAL STEPHEN B. THOMPSON, 0000 COLONEL MICHAEL J. SCHWEIGER, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF BRIGADIER GENERAL STEPHEN D. TOM, 0000 COLONEL RICHARD J. SHERLOCK JR., 0000 COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND BRIGADIER GENERAL GEORGE W. WELLS JR., 0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA BRIGADIER GENERAL ROBERT J. WILLIAMSON, 0000 COLONEL CHARLES B. SKAGGS, 0000 TO THE REPUBLIC OF MOZAMBIQUE. COLONEL RICHARD M. TABOR, 0000 To be brigadier general COLONEL PHILLIP J. THORPE, 0000 IN THE ARMY COLONEL CHARLES J. BARR, 0000 COLONEL ENNIS C. WHITEHEAD III, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL DAVID N. BLACKLEDGE, 0000 IN THE RESERVE OF THE ARMY TO THE GRADES INDI- COLONEL BRIAN J. BOWERS, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL EDWIN S. CASTLE, 0000

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