E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, MONDAY, JUNE 24, 2002 No. 85 Senate The Senate met at 3 p.m. and was U.S. SENATE, when there is trouble in the country, called to order by the Honorable PRESIDENT PRO TEMPORE, the place one has to look is to the Gov- BLANCHE L. LINCOLN, a Senator from Washington, DC, June 24, 2002. ernment. After one has completed their the State of Arkansas. To the Senate: prayers and the spiritual things they Under the provisions of rule I, paragraph 3, do, the Government is next in line. PRAYER of the Standing Rules of the Senate, I hereby appoint the Honorable BLANCHE L. LINCOLN, If we think about the wildfires that The Chaplain, Dr. Lloyd John a Senator from the State of Arkansas, to sweep the West every summer, it is the Ogilvie, offered the following prayer: perform the duties of the Chair. Federal Government that steps in to Almighty God, Sovereign of this Na- ROBERT C. BYRD, help. Tens of thousands of Federal em- tion, we press on with the work of the President pro tempore. ployees fight those fires. They are pro- Senate in this final week before the Mrs. LINCOLN thereupon assumed fessional firefighters. They come in Independence Day recess. Be with us, the chair as Acting President pro tem- every summer. They do very dangerous Lord, so we can maximize the hours of pore. work. They place themselves in harm’s this day. Help us to think clearly with- f way to protect property and people’s out confusion, to speak honestly with- lives. We have these firefighters who out rancor, to debate without division, RESERVATION OF LEADER TIME jump out of airplanes and parachute, and to decide courageously without The ACTING PRESIDENT pro tem- heavily loaded with all kinds of equip- contention. May our rhetoric honor pore. Under the previous order, the ment, to fight these fires. We have fire- You and deal with issues and not per- leadership time is reserved. fighters who rappel off the back of heli- sonalities. Grant the Senators Your copters to fight these fires. grace to finish this week as patriots f So for all the bad that people hear who love You and count it a high privi- MORNING BUSINESS about Government, I think we should lege to serve as leaders of our beloved stop and think about the people who Nation. The ACTING PRESIDENT pro tem- pore. Under the previous order, there fight these fires that are consuming— Lord, we ask for Your protection for there is one fire now in Arizona that is the people in Colorado and Arizona who will now be a period for the transaction of morning business not to extend be- raging in an area about 10 times that of are victims of conflagration on the for- the District of Columbia. The fire line ests, now consuming homes and entire yond the hour of 4 p.m., with Senators permitted to speak therein for up to 10 is 50 miles long. Again, we have there towns. Bless the courageous fire- professional firefighters who are fighters as they seek to bring this fire minutes each, and with the time to be equally divided between the two lead- trained every summer. The Federal under control. We trust this and all our Government has programs for feeding need to You. You are our Lord and Sav- ers or their designees. The Senator from Nevada. them. iour. Amen. We have had fires, of course, in Ne- f f vada, and I have seen the tremendous PLEDGE OF ALLEGIANCE SCHEDULE logistical problems in feeding thou- sands of firefighters, for example, and The Honorable BLANCHE L. LINCOLN, Mr. REID. Madam President, when having a place for them to sleep. Gov- a Senator from the State of Arkansas, we complete morning business, we will ernment is there to help us, not to hurt led the Pledge of Allegiance as follows: proceed to the Defense authorization us. I pledge allegiance to the Flag of the bill, which the Senate worked on all f United States of America, and to the Repub- last week. Senator SMITH is going to lic for which it stands, one nation under God, offer an amendment regarding head- EDUCATION AMENDMENTS OF 1972, indivisible, with liberty and justice for all. gear, abaya. We expect a vote on that TITLE IX f about quarter to 6 today. Mr. REID. Madam President, this APPOINTMENT OF ACTING f week we celebrate the 30th anniversary PRESIDENT PRO TEMPORE of Title IX of the Education Amend- The PRESIDING OFFICER. The THE FEDERAL GOVERNMENT ments of 1972, the landmark legislation clerk will please read a communication Mr. REID. Madam President, I lis- that prohibits sex discrimination in to the Senate from the President pro tened closely, as I try to do every day, federally funded educational and ath- tempore (Mr. BYRD). to the Chaplain’s prayer. He mentioned letic programs. The legislative clerk read the fol- the terrible fires in the West, which I look back with great pride at the lowing letter: brings to my attention the fact that teams we have had in Nevada. One

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

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VerDate May 23 2002 02:52 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.000 pfrm17 PsN: S24PT1 S5920 CONGRESSIONAL RECORD — SENATE June 24, 2002 would automatically think of the have programs for girls. That is the velop a positive body image, less likely UNLV Running Rebels basketball way it was almost every place in Amer- to become pregnant, and are at less team, which was a national champion, ica. risk for developing women’s diseases and I do look back with great pride at My boys got their athletic ability such as osteoporosis and breast cancer. Jerry Tarkanian and those great ath- from my wife, more so than from me. In addition, sports provide a safe and letes. Six basketball players were Yet she did not have the chance when healthy alternative to drugs, alcohol, drafted in the first round that year, she was young to be competitive in and tobacco, and to antisocial behav- that is how good they were, but I also sports. ior. Students who participate in sports look back with great pride to the Title IX has helped dramatically to feel a greater connection to school and UNLV Rebel women’s softball teams. increase participation in sports among keep their grades open to maintain We had all-Americans there, too. Lori female students. Among high school their eligibility. Harrigan is an example. She pitched in girls, there has been an almost tenfold Mr. President, as I indicated, there two Olympics, won two gold medals. increase, from fewer than 300,000 play- are people who are trying to get rid of She is a Las Vegan. She went to UNLV. ing competitive sports 30 years ago, to Title IX, saying it is unfair that we It was during her years that we were now, almost 3 million. At the college have girls participating in high school ranked in the top two or three teams in level, the number of female athletes in- and college athletics because it hurts the country. creased from 30,000 to 150,000. Clearly, boys’ programs, and for other reasons. I love to go watch the Rebel women these statistics show if you build it, They say things such as girls are not as play. We now have a new stadium for they will come. Girls and young women competitive, they don’t need to do softball. I have told other people this, have a high level of interest in sports this—I am not making this up. You can maybe not so many all at once, but I and are eager to have equal opportuni- read the editorial in Newsweek Maga- would rather watch them play than the ties. zine. men’s baseball team. It is a much I have no doubt that my partici- Mr. President, before Title IX, there quicker game. They are tremendous pating in athletics and my sons’ par- were almost no athletic scholarships athletes. You are right on top of the ticipating in athletics helped build available for women. Now many women game in that little stadium, right there character. That is what athletics is all have been able to pursue a higher edu- with the players. about. cation as a result of participation in We should be happy with all of the Recently, I had the opportunity to sports, just like young men did and progress we have made providing girls have Billie Jean King come to my of- still do. and women with opportunities pre- fice. I had a great visit with her. Billie I am disappointed, if not surprised, viously denied them. We must continue Jean King is what Title IX is all about. that some critics would like to halt our efforts to promote gender equality She inspired a generation of women, this program. They are making mis- because the job is not complete. and some men, to participation in ath- leading and unfair criticisms of Title I can remember going to a rural com- letics when she beat a world-class ten- IX. munity in Nevada, White Pine County nis player. It was on national TV. Ev- Let’s set the record straight. Title IX High School, and I was going to speak eryone knew she would lose, but she does not require ‘‘quotas.’’ It is wrong to an assembly. They had me in a room trounced him. We reminisced about to scapegoat women as the supposed waiting for the kids to gather. Two that. The main reason she came to see cause of cuts in men’s athletic pro- girls were there, obviously doing home- me was to talk about the changing role grams. In fact, colleges have added work, studying. They had on letter in sports as it relates to women and hundreds of men’s teams and there are sweaters. It was kind of cold in the the importance of Title IX. tens of thousands more male athletes room. I made conversation with them. Billie Jean King has inspired succes- at universities since Title IX was en- We talked about how much they loved sive generations of women athletes acted. While it is true that some men’s their athletics. such as the world champion women’s teams—and some women’s teams—have I told them they were able to play soccer team, whose players like Julie been dropped during this time period, ball because of the law we passed in Foudy, Brandi Chastain, and Mia many factors, including a declining in- Congress, that they would not be play- Hamm have benefitted from Title IX. I terest in a particular sport, influence a ing otherwise. They said they did not had the opportunity recently to join school’s decision. Dropping a men’s understand that. When I left, one of the Julie Foudy at a soccer clinic she con- team has never been required by law or girls—her name was Cassandra—said, ducted for some girls in Las Vegas, the courts enforcing the law of Title ‘‘I would die if I did not have my ath- where she was playing in a professional IX. Rather, each school is given discre- letics.’’ soccer league match that night. It was tion to make decisions about how to I am sure she was exaggerating, but great to see hundreds and hundreds of comply with Title IX and provide equal she conveyed to me how much she en- people who came to see Julie Foudy, a opportunities and treatment for male joyed athletics. It was like when I was great professional athlete who got and female student-athletes. a young man in high school, that was there as a result of Title IX. So while we remain vigilant against the No. 1 thing for me. It was the No. Judy Foudy, Brandy Chastain, and attacks on Title IX, we must also push 1 thing for her. Mia Hamm now serve as role models, as for its continued implementation and We must be aware that Title IX pro- do the current tennis stars, Venus and enforcement. grams that have proven so effective in Serena Williams. We must continue to For most Americans, Title IX is syn- helping girls and women are under as- encourage participation in sports and onymous with our efforts to provide sault from critics who would like to give girls and women the same oppor- girls and women an equal opportunity turn the clock back. tunities that boys and men have tradi- to participate in sports, but Title IX A major column in Newsweek maga- tionally had. Athletic training and addresses a whole range of important zine was bashing Title IX about 3 competition have the same benefits for programs and issues related to edu- weeks ago, saying it is a bad program females as for males, teaching them cation. In fact, only a small fraction of and all it does is hurt boys. Millions of not only how to score goals but set Title IX complaints received by the De- people see each Newsweek magazine goals and work hard to achieve them partment of Education’s Office of Civil publication. through cooperation and teamwork, de- Rights are related to athletics. I cannot allow the challenges to pro- veloping leadership skills and instilling Title IX also has helped provide ceed. When my wife and I went to high self-confidence. women with equal access to higher edu- school, the only thing she could do ath- At a time where far too many Amer- cation. letically was be a cheerleader. That is ican kids lead sedentary lives where I remember when I practiced law. A what she did. It did not matter if she they do not move off the couch, and very fine, brilliant man I worked with could run as fast as Gail Devers, or many are obese, we must support pro- was talking about women being law- that she could jump high, or whatever grams that lead to improved fitness yers. There were not many lawyers in it might be in athletics today, she and health. Adolescent female athletes Las Vegas at the time that were fe- could not be involved. They did not are more apt than nonathletes to de- male—very few. My brilliant friend

VerDate May 23 2002 02:52 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.004 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5921 said there will never be a lot of women team. As I indicated, six of the players the newspaper. We have an expert, Pat- lawyers because they have to carry on that team in 1 year were drafted in rick Murphy, who basically worries these big briefcases and big files. Well, the first round. that we have eliminated the COPS pro- he was certainly wrong because a lot of I also reflect with pleasure on watch- gram because this administration does men practice law that don’t carry big ing Lori Harrigan throw a softball and not support it. It has put 100,000 police files and big briefcases. Now there are keep the UNLV Rebels softball team in on the beat. We need to do more. That a lot of women who practice law who the top 10. is having an impact. carry big briefcases and big files. It has I also reflect on how things have Also, we are seeing cuts in aid to been found that they are just as good changed since I started practicing law. States and localities in the criminal in court as men. They are just as good The legal profession is better now be- justice area. We are seeing these cuts at drawing wills and working in cor- cause of the women involved, just as because this administration just does porate America as men. So Title IX has the Senate is a better place because of not have that as a priority. They have helped provided equal access to edu- the women who are here. That is what as a priority cutting taxes for people cation for women. Title IX is all about. who earn over $1 million a year. That Years ago, many universities ex- The PRESIDING OFFICER. The Sen- is the truth. It costs money to put a cluded or severely restricted women ator from California. policeman on the beat, to protect a from admission to certain programs. Mrs. BOXER. Madam President, I neighborhood, a street, a school. If it is Now, however, the percentages of thank my colleague from Nevada for more important to give tax breaks to women enrolled in American law bringing up the issue of women in people who do not need it, that is the schools and medical schools are about sports. It has meant a great deal for price we are going to pay. It is begin- the same as for men. women and girls to have these opportu- ning to come home to roost. Unfortunately, according to reports nities. Another area where we are beginning recently issued by the National Wom- The Senator talked about when his to see decline is in the quality of life in en’s Law Center and the National Coa- wife was in school and all she could do the environment. We already know this lition for Women and Girls in Edu- was cheer for the team. I know Mrs. administration is cutting in half the cation, young women continue to be Reid. She and I are about the same age. Superfund sites that are going to be subject to persistent gender segrega- That was exactly my experience. I am cleaned up. I have a chart that shows tion and discriminatory counseling in very happy to say my daughter was the number of cleanups we did under high school vocational and technical able to play soccer. I see the young the Clinton administration, and the education programs at American high girls today reaching for the stars—and number of cleanups that are now being schools. There was a wonderful piece a attaining them. proposed by the Bush administration. week ago last Saturday about women I wonder what the order is at this In the red here, the average number on public radio about how girls are point in terms of the time division? for the last 4 years of the Clinton ad- treated in high school, about going The PRESIDING OFFICER. The time ministration was 86 sites cleaned up into programs that are vocational in until 4 o’clock is evenly divided for each and every year. That means 86 nature, mathematics in nature. School morning business. neighborhoods reclaiming an area that counselors talk them out of it every Mrs. BOXER. Our time runs out at was so toxic and polluted there could day. While we are speaking, counselors 3:30? be no economic development. Those are telling girls: why don’t you take up The PRESIDING OFFICER. Ten min- sites were cleaned up. something else? How about being a utes to each side. When the Bush administration came nurse or a school teacher? You don’t Mr. DORGAN. Reserving the right to in, they promised they would clean up want to go into vocational education object, is it evenly divided on both 75 sites. We were not happy about or work on cars. But they do and they sides or just 10 minutes per Senator? that—we saw that was a reduction of 10 do just as well as men working on cars. The PRESIDING OFFICER. Ten sites and that would mean 10 commu- So there is some real significant dis- minute grants, evenly divided to each nities in trouble, property values de- criminatory practice there. side, but no one side has control. clining, quality of life declining, chil- They are often steered toward pro- f dren’s health declining, and so on—but grams like cosmetology, health aide listen to what happened. After we ad- DECLINE IN QUALITY OF LIFE preparation, and child care training, justed to the fact that we were going to nursing, teaching all of which lead to Mrs. BOXER. Madam President, I see 11 sites fewer cleaned up, we now lower paying jobs most of the time; take to the floor today to call atten- see their proposal is to actually go to while male students congregate in pro- tion to an alarming trend that I see 47 sites. grams leading to higher paying careers happening in this country. It is a de- They are cutting in half the number in technology and the trades. This has cline in the quality of life for our peo- of Superfund sites to be cleaned. Why? significant negative implications for ple in this country. It is beginning. I Because it is not a priority. It is more women’s employment prospects and am concerned it will continue. important to them to give money to earning power. Clearly, I am not talking today about people who earn over $1 million. That We need to vigorously defend and en- the tragedy that hit on 9–11. Of course, is the bottom line. There is not enough force Title IX in all of the areas it cov- that had an impact across the board in money to put cops on the beat, not ers, so that we can sustain and expand terms of worrying about our children enough money to clean up these sites. upon the progress we have made. and concern for our communities. I am It is a very troubling trend. These com- Often we hear that girls and women setting that aside. What I really want munities were counting on these clean- are the beneficiaries of Title IX, but I to talk about is the business of this ups, and they are not going to happen. think it is more accurate to say that Government that is keeping our people These sites are not isolated. In my we all benefit from this important civil safe from a couple of things. One is own State of California, 40 percent of rights legislation—these affirmative crime in the streets. The other is the the people live within 4 miles of a action programs that are Title IX. Cer- quality of our air, our water, our Superfund site. So we are talking tainly, American society as a whole is neighborhoods in terms of this environ- about a real problem. But more than better when women—who, after all, ment that we so cherish. that, there are many other problems make up more than half of our popu- I am very concerned we are beginning that we see. lation—are provided a fair and equal to see fallout from policies that are oc- I urge people who may be listening to opportunity to develop their full poten- curring in this administration that has go to a Web site that we have set up, on tial. been in power now for 17 months. We our side, to detail the various rollbacks I go back to what I said when I start- first get the alarming news that after 9 that we are seeing in terms of the envi- ed this speech. I reflect on watching years of decline, there is a very large ronment. the Running Rebels basketball team change in the crime rate. We see in- Go to this Web site: demo- when they were the national cham- creases in the murder rate. We learn of crats.senate.gov/environment, and, you pions. There were great players on that increases across the board from reading can see what we are talking about. We

VerDate May 23 2002 02:52 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.007 pfrm17 PsN: S24PT1 S5922 CONGRESSIONAL RECORD — SENATE June 24, 2002 are going to show you the sites that business an issue that involves essen- good news. Two of the vaccines that have been abandoned, the rollbacks of tially every American today, and that are now in short supply will be avail- this administration because there are is an issue regarding the shortage of able later this summer, two more by so many I cannot fit them on one vaccines. Every day, thousands and the end of the year, and the last one in chart. thousands of parents take their chil- the fall, we believe—maybe a little bit I will show two charts that detail the dren to physicians’ offices all across later. various rollbacks and broken promises this great country, not because their That is welcome news. But the under- of this administration. You can see it children are sick or in response to an lying, fundamental problems that have is just impossible to take the time be- acute illness, but because they under- caused the current shortage—and past cause there are 100 rollbacks in clean stand the importance of preventing a shortages—if not addressed, will cause air, clean water, and safety and health potential illness. another shortage in the future. Vaccine for our people. It causes a lot of con- They want, and they rightfully ex- shortages will occur year after year, cern. pect, their children will be able to re- time after time, if we do not act. Now Senator JIM JEFFORDS, who is the ceive vaccines needed to prevent ill- is the time to address the fundamental chair of the Environment Committee nesses that range from tuberculosis to problems underlying these shortages. on which I serve, is highly upset about measles to mumps to rubella to chick- Today, there are only four manufac- the Superfund situation and highly en pox. Yet—and I tell this to my col- turers producing vaccines for Amer- upset at the fact that there are leagues and to people listening across ica’s children. Of those four, only two rollbacks now being proposed on the the country—the fact is that many of are American companies. New compa- Clean Air Act. nies that may want to produce vac- Madam President, you have two these parents are being turned away cines are confronted with this dual risk beautiful young children. You know with their children still vulnerable to of increasing liability and at the same when they breathe dirty air, the im- some of these very destructive and pact on their lungs is far greater than often deadly diseases. Five vaccines time questionable return on invest- when you and I breathe that same air. that prevent eight childhood diseases ment. When you put those two to- The bottom line is by rolling back the have been in short supply in the United gether, there are fewer and fewer man- Clean Air Act, as they plan to do, our States since last summer. ufacturers, and that is contributing to children are going to suffer. Thankfully, there have been no this shortage. We have a situation where the Presi- major outbreaks among American chil- The remaining vaccine manufactur- dent has now proposed a rollback of the dren. We thankfully have been vigilant ers are upgrading and expanding pro- Clean Air Act. Senator JEFFORDS is about vaccinations in this country in duction facilities. Again, that is good trying to learn on what they based this recent years, and our population on the news. Even if we have a flood in the decision. He has asked the EPA for in- whole has built up a strong immunity. supply of vaccines to take care of cur- formation similar to the information I But we have a short supply of vaccines rent shortages, it will be only a matter asked them for on the Superfund sites. today. The longer these vaccine short- of time when we have another drought I want to be able to tell you which of ages continue, the more vulnerable our for these lifesaving vaccines. We must your constituencies are not going to children become. address the underlying, fundamental have their Superfund sites cleaned up. If we do not take prudent steps today reasons for these recurring vaccines I want to be able to tell the same to in Congress to address these current shortages. We have to do that in a my Republican colleagues and Demo- and recurring vaccine shortages, it is thoughtful and comprehensive way cratic colleagues. I cannot get the in- almost certain—from a public health based on what we know are the reali- formation. Things have gotten so bad standpoint, from what we know ties in terms of production and usage. that we have had to ask, at the time, today—that American children will ex- It is the job of the Senate to set this the inspector general to help us get perience an outbreak of diseases that framework in place. this information on Superfund, and we have the tools, we have the ability, In March, I introduced the Improved Senator JEFFORDS is going to have to we have the medicines to prevent. Vaccine Affordability and Availability call together our committee and issue Is it possible to have these destruc- Act. This act does a number of things. a subpoena to get information in terms tive diseases appear in this day and In essence, it requires the Federal Gov- of the rollback of the Clean Air Act. time? The answer is yes, and these vac- ernment to build and maintain a 6- Let me sum up this way: I am con- cines that are in short supply today in month supply of prioritized vaccines cerned the priorities of this adminis- our country are necessary to prevent that we and our public health and our tration are leaving our people vulner- such outbreaks that have occurred in medical communities agree are nec- able, vulnerable to high crime rates, other industrialized nations. essary to prevent these preventable vulnerable to dirty air and dirty water. If we look at Japan, for example, vac- diseases. I think the chickens are coming home cination rates for whooping cough This would stabilize the supplies over to roost. Maybe it is all theoretical, ex- dropped from the 80-percent rate in time and help us to be better prepared cept when you find out it is not some- 1974, to 10 percent in 1976—from 80 per- in those years in which vaccine produc- body else’s Superfund site that is not cent to 10 percent over a 2-year period. tion cannot meet the demand at that being cleaned up but it is yours. This caused a dramatic rise in the inci- point in time. It would also expand the Let me show you the sites across the dence of the disease from 400 cases and funding available for State and local country. Every single State except no deaths, to 13,000 cases and 41 deaths efforts to boost immunization rates. North Dakota has a Superfund site, and within 5 years. You can have the vaccine and know the purple reflects the Superfund sites. The vaccine for pertussis, which is that the vaccine prevents disease, but These are the most toxic, most dan- whooping cough, diphtheria and tet- unless you actually apply that vaccine gerous sites. anus is one of the five vaccines in short to our children it is not going to do I am here today as the chair of our supply. The others are for tetanus, environmental team. I am proud Sen- much good. This increased vaccination measles, mumps, rubella, chicken pox effort will focus on adults and children ator DASCHLE has appointed me. I have a very good team of Democratic Sen- and pneumococcal disease, which can who are underserved or who are at high ators with whom I am working, and I lead to pneumonia, bacteremia—that is risk of contracting vaccine-preventable will come to the floor again to bring bacteria floating in your blood that diseases. you up to date on this issue. can give you fever and make you ill— Perhaps the most important provi- I yield the floor. and meningitis, which is inflammation sions in this bill are modifications to The PRESIDING OFFICER. The Sen- of the structures that surround the help restore balance to a program ator from Tennessee. brain. called the Vaccine Injury Compensa- These vaccines for our children are in tion Program. This program was cre- f short supply. The Centers for Disease ated about 20 years ago, in the mid- VACCINES Control and Prevention, the CDC, re- 1980s, to rapidly compensate those who Mr. FRIST. Madam President, I rise ports that new supplies of these vac- suffer serious side effects from vaccines for a few minutes to discuss in morning cines will be available soon. That is that we recommend, from a public

VerDate May 23 2002 02:52 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.011 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5923 health perspective, our children re- What we are looking for is a plat- bill with which we feel comfortable. I ceive. It has been very successful. This form—a comprehensive approach for think a large amount of the credit goes program also reduces the burden of liti- all vaccine development. to President Bush for stepping forward gation for doctors and nurses who ad- The Improved Vaccine Affordability and providing leadership in calling for minister the vaccines, as well as for and Availability Act will help us to ex- a strong budget. manufacturers. pand the vaccine market. It will sta- I thought I would just share a few re- Until a few years ago, the program bilize our vaccine supply, and it will marks about my view of where we are, seemed to work very well. But now fac- improve access to vaccines. what we are spending, what we have tors threaten it from working so well When parents take their children to been spending in the past, and where and will cause an impediment to the the doctor, they will not be turned we need to go in the future. supply of vaccines over time. Let me away because of a shortage of supply of Many people may not know that 10 briefly explain. these vaccines. years ago, under the last budget of We have had a rush of new law suits, Earlier this month the Improved former President Bush, the appro- which are threatening our vaccine sup- Vaccine Affordability and Availability priated amount for defense was $327 bil- plies. The Vaccine Injury Compensa- Act gained additional momentum when lion. We started, since that time, a tion Program is literally being over- the Advisory Commission for Child- continuous downgrade movement in whelmed today with new cases. Many hood Vaccines—the group that advises spending for the defense of this coun- of those are broadly without merit. As the Secretary of Health and Human try, which has really put us in a bad a result of the program’s 240-day deci- Services on improving the Vaccine In- position. sion deadline, State and Federal courts jury Compensation Program—voted on Several years ago, one of our key are increasingly becoming the forum June 6 in favor of most of the provi- witnesses said we are facing a bow for expensive litigation. And many of sions in our bill, S. 2053. wave of unmet needs. We know that the meritorious claims and justified I thank the members of the Advisory since the late 1980s personnel has claims are not being decided in a time- Commission for Childhood Vaccines, or dropped 40 percent in our services. ly way. ACCV, for acting so quickly on a mat- They are better trained and better equipped than before. They are doing a One pending lawsuit is for $30 billion ter of such importance, and also for terrific job, but we are down about 40 in damages—$30 billion. If you look at lending their expertise to this debate. percent from the height of our per- the whole value today of the global Further, I thank them and express my sonnel at that time. vaccine market, the total value is only appreciation for their suggestions in So what is it that has really hap- $5 billion. This one lawsuit is six times how we can modify some of the provi- pened? We have had inflation. In many the global market for vaccines. sions in the bill. I urge my colleagues to look at this ways, we have had increased demands This climate of legal uncertainty has particular bill and I look forward to on us around the world. We have a de- contributed to an exodus of manufac- working with my colleagues as we mand that we have all agreed to in this turers from being in the business at all move forward in considering the ACCV body of which I think everybody is on and also from being in the business recommendations. board; and that is, we need to trans- here in the U.S. We have seen a subse- The need to act is urgent. We simply form our defense. We need to reach our quent rise in the price of vaccines. cannot afford to wait until tragedy objective force. We have set an objec- Since the 1980s, the number of vaccine strikes, or to surrender the gains we tive as to what we want our military to manufacturers has dwindled from 12 have made over the last 50 years in re- look like and be. We want it lighter. down to 4. In some cases, only a single ducing and preventing childhood dis- We want it more mobile. We want it manufacturer is producing some of our eases through vaccination. I urge my more lethal, more scientific, and tech- most critical vaccines. The Improved colleagues to join Senator HUTCHISON nologically based. That has been our Vaccine Affordability and Availability and Senator BUNNING in cosponsoring goal, and we have been moving in that Act—S. 2053—restores balance to the S. 2053, and to work with us to pass direction, but it costs money. Vaccine Injury Compensation Program. this critical legislation this year. But despite those demands, we have It would help compensate those with The ACTING PRESIDENT pro tem- not done very well, until recent years, serious health side affects from vac- pore. The Senator from Alabama. frankly, in our spending. In 1993, our cines while at the same time ensuring Mr. SESSIONS. Thank you, Madam defense budget was $327 billion. That is that unwarranted litigation does not President. what we appropriated, $327 billion. In further destabilize our vaccine supply. f 1994, it dropped significantly in one The development and widespread use year to $304 billion. In 1995, it dropped of vaccines indeed has been one of the THE DEPARTMENT OF DEFENSE again to $299 billion, falling below $300 most successful public health initia- AUTHORIZATION BILL billion. In 1996, it dropped again to $295 tives in our history. We have reduced Mr. SESSIONS. Madam President, I billion. In 1997, it dropped again to $289 the incidence of diseases, such as mea- would like to share a few remarks billion. In 1998, it hit the bottom, $287 sles, mumps, and polio, and we have about the Defense bill that we will be billion. even eradicated smallpox—which over back on in a few minutes. During this time, we had inflation, a period of time has killed somewhere Mr. DORGAN. Madam President, will we had other demands, and we had sal- between 300 million to 500 million peo- the Senator yield for a unanimous con- ary increases for our people in uniform, ple in the 20th century alone. Smallpox sent request? but the defense amount was going as a disease does not exist. I ask unanimous consent that this down steadily. The decision before us is whether or Senator be recognized for 10 minutes In 1999, we had the first increase in not to build on the successes that we following the Senator’s remarks. the defense budget from $287 billion in have achieved in vaccines in the 21st The ACTING PRESIDENT pro tem- 1998 to $292 billion in 1999—not enough, century. I speak not only of vaccines pore. Without objection, it is so or- really, to meet the cost of inflation, that already exist—the vaccines for our dered. but in real dollars, actual dollars, it children that are in short supply—but Mr. SESSIONS. Madam President, we was the first increase in many years. also as we look at the role of future have had a good process in the Armed In 2000, we had another minor in- vaccines needed to address bioter- Services Committee, of which I am a crease to $296 billion. In 2001, we got rorism—when we know we don’t have member. Senator LEVIN is a marvelous over $300 billion again, for the first the vaccine for the Ebola virus today. chairman, and leads in a very skilled time in many years, and appropriated We have inadequate vaccines for three and wise way. Our ranking member, $309 billion. of the seven agents that are classified Senator JOHN WARNER, former Sec- That is not a very good record. It em- by our intelligence agencies as critical retary of the Navy and a patriot, in phasizes how we began to lose sight and for which we are at risk. Some day many ways lends his wisdom to the de- and take for granted the forces that de- we will have a vaccine, I believe, that bate. We have come out, except I sup- fend us around the world. It rep- will hopefully cure Alzheimer’s disease. pose on national missile defense, with a resented a dramatic reduction in real

VerDate May 23 2002 02:52 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.013 pfrm17 PsN: S24PT1 S5924 CONGRESSIONAL RECORD — SENATE June 24, 2002 dollars, adjusted for inflation, which is for smart munitions, the kind of preci- I thank the Chair. even larger than the amount that ap- sion-guided munitions that proved ex- The ACTING PRESIDENT pro tem- pears on paper because, as you know, ceedingly valuable in Afghanistan. pore. The Senator from North Dakota. the dollars were becoming always a lit- Sixty, almost 70 percent of the muni- Mr. DORGAN. Madam President, my tle bit less valuable each year. tions we expended in Afghanistan were colleague just mentioned national mis- So when President Bush campaigned precision-guided munitions. sile defense. I think we will have a ro- on strengthening the military, he took We can drop a 2,000-pound JDAM bust, aggressive debate on that subject action to do that. So in 2002, we hit, from an airplane, and it can hit—preci- in the Senate. We all agree that we under his leadership and his direction— sion guided with global positioning sys- need a defense of some sort against and I think he deserves great credit for tems—within 10 meters of a target. rogue nations or terrorists aiming a this—we raised the budget to $329 bil- That is a precision weapon of extraor- missile at our country. lion, exceeding, for the first time in dinary capability. We need to have But we need to look at the broad many years, the 1993 budget of $327 bil- plenty of those. We have an increase in range of threats that this country lion. what we have expended for that. faces. We have 5.7 million containers Then, in the course of that, we have Frankly, I am not sure we have quite come into our ports every year on con- had the war effort that we have been enough yet there. We dog gone sure tainer ships; 100,000 of them are in- carrying on now against terrorism, and don’t want to be in a war and not be spected; the other 5.6 million are not. there has been a supplemental defense able to call down sufficient numbers of Almost anyone will tell you it is far budget of around $40 billion for defense those kinds of weapons that are so ef- more likely that a weapon of mass de- this past year to help us meet those fective today. So we have done that. struction is going to come in on a con- crisis needs. We made a tough call—the Defense tainer ship, coming to a dock at 2 miles In this year’s budget, President Bush Secretary did—on the Crusader artil- an hour to threaten an American city has proposed—and we are pretty much lery piece. It is an $11 billion item. It or to be put on an 18-wheel truck and on track to meet his request—$376 bil- was not considered part of the objec- moved out to the middle part of the lion for defense. I think that is a step tive force but an interim weapon sys- country. Almost anyone will tell that in the right direction. tem before we could get that. It was you the low-tech approach to threat- I am saying these things because a going to drain us of $11 billion. For ex- ening America with a weapon of mass lot of people think we cannot afford ample, it would not have been deployed destruction is much more likely than a anything, that defense is taking up all by the Army in Korea. It would have terrorist having access to an inter- the money in the budget. But as a per- been kept in this country in the coun- continental ballistic missile and put- centage of the total gross domestic terattack force. ting a nuclear tip on that ICBM. product of America, what America pro- The Secretary of Defense and the I have supported billions and billions duces—all the goods and services we President concluded we could not af- of dollars on research and development produce—our budget today, for the ford that new weapon and that we need of missile defense. But that is not the year 2003, is much less than the per- to leap forward to a new type of artil- only threat we face. We face so many centage of the gross domestic product lery piece that had precision-guided ca- other threats that are largely ignored. we had in 1993 when we had an only pability. We have those, really, right I just mention the one with respect to slightly smaller defense budget in now. If we work and develop them, we port security: 5.7 million big containers terms of inflation-adjusted dollars, as could bring those in, and they would be come in every single year, and 5.6 mil- well as in terms of the actual drain on part of that new combat system we are lion are uninspected. the economy. looking forward to having. In the Middle East, a terrorist put So what we need to do is ask our- So the President and Secretary himself in one of these containers. He selves where we are going. This budget Rumsfeld had to make that tough call. had fresh water, a heater, a GPS, a does not call for an increase in per- A lot of people wanted that system. computer, a bed, and he was shipping sonnel. It calls for, again, some pay in- They had invested a lot of years in it himself to Canada in a container. creases, a cost for more training, bo- and developing it. They testified in It is likely that terrorists will nuses for people in high-specialty areas favor of it, and they voted in favor of threaten this country not with a high- whom we have to have in a military it. But I think the President did the tech weapon but by putting a weapon which operates with as much techno- right thing. I supported him on that. It of mass destruction in a container on a logical sophistication as we operate in will free up $11 billion for increased in- ship coming up to a port at 1 or 2 miles today. That does not produce anything. vestment in smarter munitions that an hour, not an ICBM. We have risen to the challenge and will help us better in the future. So we need to have a debate in terms have met the needs of our veterans for So the other big conflict I guess we of how we use our resources. Do we put health care coverage for life, which have had—and I believe it is very sig- them all in one pot, or do we evaluate they were promised and were not re- nificant, and I hope the American peo- what is the most likely threat? How do ceiving. We have done that. We will do ple will be engaged on it—is the ques- we respond to that threat? some other things in that regard. tion of national missile defense. f Military housing has fallen behind in We know, from unclassified testi- its needs. Military health care has not mony by professionals from the Direc- AMTRAK been what it has needed to be. We have tor of the CIA, George Tenet, and from Mr. DORGAN. Madam President, I fallen off there. the Director of the Defense Intel- rise to talk about Amtrak. As we did So all of these things, I guess I am ligence Agency, who studies these last week, this morning we hear on the saying, are unmet needs that we have things exceedingly closely, that Korea news that there is a proposal to shut had to fund out of the increases that will have an intercontinental ballistic down our Amtrak rail passenger serv- we have had. And it has left us not as missile from which they can deliver ice in the middle of this week. Why? good as we would like to be in recapi- weapons of mass destruction to Alaska Because Amtrak needs the resources to talizing our military. It is not as good and Hawaii and the United States prop- continue and lacks them. You know, as where we would need to be to step er very soon. you often hear that it is so-and-so’s job forward to reach that objective we The ACTING PRESIDENT pro tem- to keep the trains running on time. have for a future combat system that pore. The Senator has used 10 minutes. Well, it has to be somebody’s job to allows us to be agile, mobile, and hos- Mr. SESSIONS. I see my friend in the keep the trains running, period. It tile, as Eddie Robinson said, to make Chamber, Senator DORGAN. makes no sense for us to be here on a our military able to project its power I will just finish up, if I can, and say Monday wondering whether Amtrak wherever the legitimate interests of that we are making progress. We will will shut down on a Wednesday. the United States are threatened have a debate on national missile de- In North Dakota, we have Amtrak around the globe. fense. If we can get the money back for service; 82,000 North Dakotans boarded So I think we do have some good in- that, I believe we will have a defense Amtrak last year as the trains came creases. We are going to have increases budget of which we can all be proud. through and stopped at many points. I

VerDate May 23 2002 02:52 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.016 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5925 happen to think Amtrak is critically trade deficits we have that these trade administrations and every administra- important as a part of our transpor- agreements simply aren’t working. tion going back 20, 30 years. They have tation system. Who pays these deficits? The Amer- embraced policies that have us in a sit- Every other form of transportation is ican people have to pay for these defi- uation where we have long-term, re- subsidized. We have people saying: cits at some point. You can make the lentless deficits with the Japanese, $60 Let’s not subsidize Amtrak. Why not? case with respect to budget deficits billion, $70 billion a year every single Every other country in the world pro- that it is money we owe to ourselves. year with Japan. And 14 years after we vides a subsidy for their rail passenger You can’t make that case with the had a beef agreement with Japan, there service. I think our country is justified trade deficit. The trade deficit we owe is a 38.5 percent tariff on every pound in doing so to keep that rail passenger to others, to people living in other of beef going into Japan. service working. countries. We will pay trade deficits I mentioned the Japanese beef agree- The Secretary of Transportation has with a lower standard of living. That is ment, which was described as a big suc- a plan that would virtually destroy why it is so dangerous. cess by those who negotiated. Yet, 12 Amtrak as we know it. He says: Let’s Today, as I speak, the financial mar- and 14 years later, we have this huge take the Northeast corridor out, Bos- kets are very unsettled. Day after day tariff on every pound of American beef ton to Washington, DC, and separate it after day, we see a further collapse of going into Japan. Nobody says much from the rest. That is a sure-fire way the stock market, the financial mar- about it. We have a large trade deficit to kill the rest of Amtrak service for kets. with Japan. the country. It is a huge step back- Why is that the case? Because there We have 630,000 cars coming here wards; that is not progress. is a sense that our fundamentals don’t from Korea every year. We are able to We must ask the Secretary and the work. We are deep in red ink, drowning ship them only 2,800. When you raise administration not only to announce in trade deficits, and nobody here that issue, and point out that they are Wednesday that there is financing to seems to give a darn at all. It is dan- shipping us 630,000 Korean cars into the have Amtrak continue, but also to gerous for our country. American marketplace and allowing work with those of us in Congress who Our negotiators go overseas and ne- only 2,800 American cars into Korea, want to ensure the long-term future of gotiate a trade deal, and in an instant they say: yes, but your exports used to rail passenger service. they lose. I have said it 100 times, but be 1,300 cars and now they have dou- f it is worth saying again, in the words bled. So if you hear trade negotiators of Will Rogers: the United States of TRADE DEFICITS talk and they say ‘‘we doubled the America has never lost a war and never amount of American cars we shipped to Mr. DORGAN. Madam President, last won a conference. He must surely have Korea’’—well, yes, from 1,300 to 2,800. Wednesday the Commerce Department been thinking about our trade nego- But the Koreans send us 630,000 in a reported that the monthly trade deficit tiators. year. for April 2002 was $35.5 billion. That We have bad agreements in 100 dif- Our trade policies are failing badly. deficit is for both goods and services. ferent ways: Bad agreements with Nobody seems to care much about it. The deficit in goods alone was $39.9 bil- China, with Japan, South Korea, Eu- There is not a whisper about this huge lion. rope, and others. With Europe we have trade deficit on the floor of the Sen- Every single day, 7 days a week, we a dispute over market access for U.S. ate—just following the Senate agreeing import $1 billion more in goods than we beef. The EU does not let in our beef to extend fast track trade authority to export, and we charge the difference. when the cattle have been fed hor- the President. What does that mean on an annual mones, even though there is no evi- Because the time is limited, and we basis? Deficits on the order of $400 bil- dence to support this ban. So we take are going to the defense authorization lion dollars, and climbing. the EU to the WTO, and we argue that bill, I will defer a longer speech on As you can see in this chart, the we are entitled to sell our beef in Eu- international trade to a later time. But trade deficit is totally out of control. rope. The WTO agrees, and tells the EU Mr. President, it is fascinating to me In fact, when we try to put in the 2002 to let our beef into their market. And that last Thursday we heard the an- numbers, we will be somewhere off the the EU just thumbs its nose, and says nouncement of the largest trade deficit chart, around $480 billion. forget it. in history, and you could not hear a These trade deficits are to a large ex- So we say: All right, we are going to voice in this town raise a point that tent the result of bad trade agree- get tough, and retaliate against you. this is a serious problem for this coun- ments, particularly those entered into And how does the United States get try’s economy. It is long past the time under fast-track authority. This Sen- tough? We say: We will slap you with to have a real debate about our coun- ate, without my vote, just embraced penalties on truffles, goose liver, and try’s trade policies and about these fast-track trade authority so that the Roquefort cheese. That is enough to growing, relentless trade deficits that President can negotiate another trade put the fear of God into almost any cause great danger to the American agreement. I didn’t believe President country. economy. Clinton should have that trade author- Well, when Europe wants to retaliate I yield the floor. ity, and I don’t believe this President against our country over a trade dis- should either. pute, as they did in the case of U.S. f This next chart shows the increases tariffs against European steel, Europe CONCLUSION OF MORNING in trade deficits as we entered into one goes after hundreds of millions of dol- BUSINESS bad trade agreement after another. lars of U.S. steel, textiles, and citrus The PRESIDING OFFICER (Mr. NEL- You see what has happened since 1976. products. We, on the other hand, are SON of Nebraska). Morning business is The deficit line goes up, up, up, and retaliating by saying: We will nail you closed. up—the highest trade deficits in human on truffles, goose liver, and Roquefort f history. cheese. Nobody seems to think much of it. I am sorry, but where is our back- NATIONAL DEFENSE AUTHORIZA- You didn’t hear one whisper last bone? Does this country have any guts TION ACT FOR FISCAL YEAR 2003 Wednesday when it was announced we to stand up for its producers and its The PRESIDING OFFICER. Under had the largest monthly trade deficit workers? the previous order, the Senate will now in the history of this country. So last month, we had the largest resume consideration of S. 2514, which Where are all the exports that we monthly trade deficit in human his- the clerk will report. were promised as a result of fast-track tory. Does anybody here care? I think The assistant legislative clerk read trade agreements? Do you know what eventually we will have to reconcile for as follows: our number one export item has be- this failure in policy. It is not just a A bill (S. 2514) to authorize appropriations come? American jobs. That is the big- failure with this administration—al- for fiscal year 2003 for military activities of gest export as a result of the trade though this administration certainly the Department of Defense, for military con- agreements. You can see from the has played a part—it is a failure of past struction, and for defense activities of the

VerDate May 23 2002 02:52 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.019 pfrm17 PsN: S24PT1 S5926 CONGRESSIONAL RECORD — SENATE June 24, 2002 Department of Energy, to prescribe per- individuals are at work at any one and controlled in the usual form, with sonnel strengths for such fiscal year for the time either in the building or the envi- respect to the Smith amendment, with Armed Forces, and for other purposes. rons. He knew every square foot of that no second-degree amendment in order The PRESIDING OFFICER. The Sen- building. He knew it well. prior to a vote in relation to the ator from Michigan. I remember one time, I made a very amendment, but at 5:45 p.m., without Mr. LEVIN. Mr. President, we made foolish decision—perhaps I made sev- intervening action or debate, the Sen- some very good progress on the na- eral when I was Secretary of the ate vote in relation to the amendment. tional Defense authorization bill last Navy—when I decided to visit the office The PRESIDING OFFICER. Without week, and I am optimistic, with the which every sailor and marine occu- objection, it is so ordered. continuing good help that is always pied. It took me 1 year to cover the AMENDMENT NO. 3969 available from our leadership and the building. I was forewarned that I had Mr. SMITH of New Hampshire. Mr. cooperation of Senators, that we can made an ill-advised decision. It was in- President, I send an amendment to the complete action on this bill in a timely teresting. Doc Cooke helped me plot desk and ask for its consideration. manner this week. that, as he did many other projects. The PRESIDING OFFICER. The We debated the bill for over 18 hours He was behind the restoring of the clerk will report. last week, and we disposed of 29 amend- building the day the tragic accident be- The assistant legislative clerk read ments. We still have some amendments fell the men and women who worked in as follows: that will require debate and rollcall certain spaces on 9–11. He spearheaded The Senator from New Hampshire [Mr. votes, and we will be working with the that effort, together with the Sec- SMITH], for himself, Ms. CANTWELL, Mr. sponsors of those amendments to try to retary of Defense, such that all the GRASSLEY, Mr. DAYTON, Mr. REED, Mr. CRAIG, get them before the Senate as prompt- schedules for completion are being Ms. LANDRIEU, Mr. HARKIN, and Mrs. BOXER, ly as possible. met. That is the type of man he was. proposes an amendment numbered 3969. We were able to clear a number of He was very humble and very soft spo- Mr. SMITH of New Hampshire. I ask amendments last week. We have a ken. unanimous consent reading of the package of cleared amendments. I am He had an unfortunate accident on amendment be dispensed with. looking at my good friend from Vir- the way to give a speech in Charlottes- The PRESIDING OFFICER. Without ginia. He is nodding his head, so we be- ville. He did not recover from his inju- objection, it is so ordered. lieve we can act on a number of cleared ries. His car simply went off the road, The amendment is as follows: amendments later today. which indicates possibly he was af- (Purpose: To impose certain prohibitions and We expect to move shortly to an flicted by some illness and lost control. requirements relating to the wearing of amendment from the Senator from No one else was injured. We are thank- abayas by members of the Armed Forces in New Hampshire and the Senator from ful for that. Saudi Arabia) Minnesota prohibiting the chain of I thank my good friend and colleague On page 125, between lines 13 and 14, insert command from requiring female because those of us who were privileged the following: servicemembers to wear an abaya in SEC. 554. WEAR OF ABAYAS BY FEMALE MEM- to serve in that building, as I did for BERS OF THE ARMED FORCES IN Saudi Arabia. We are going to vote on over 5 years, remember well Doc SAUDI ARABIA. that amendment. It is currently Cooke. (a) PROHIBITIONS RELATING TO WEAR OF planned at approximately 5:45 p.m. Mr. President, turning to the bill, I ABAYAS.—No member of the Armed Forces Following the disposition of that thank the chairman for his estimate. I having authority over a member of the amendment, it is our hope that we can join him in saying we made progress Armed Forces and no officer or employee of have another amendment offered for last week. Our leadership not only the United States having authority over a debate and schedule a vote for some- member of the Armed Forces may— challenged us but I think has given us (1) require or encourage that member to time tomorrow morning. a set of orders to finish this week. wear the abaya garment or any part of the Finally, I note that the Defense De- There is every reason we can do that, abaya garment while the member is in the partment and the Nation lost a great and do it in a way to allow Senators to Kingdom of Saudi Arabia pursuant to a per- public servant this weekend. Doc bring forth their amendments to the manent change of station or orders for tem- Cooke, whose official title was Director bill and to have a reasonable period for porary duty; or of Administration and Management, debate. (2) take any adverse action, whether for- but who was more widely and affection- Fortunately, we have in place an un- mal or informal, against the member for ately known as the mayor of the Pen- choosing not to wear the abaya garment or derstanding with the leadership that any part of the abaya garment while the tagon, passed away on Saturday fol- the chairman and I will make the de- member is in the Kingdom of Saudi Arabia lowing an automobile accident several termination as to relevancy of amend- pursuant to a permanent change of station weeks ago. ments. Primarily the rule that governs or orders for temporary duty. There was no one more dedicated to the Parliamentarian as to whether or (b) INSTRUCTION.—The Secretary of Defense the people of the Department of De- not a bill is referred to a committee is shall provide each female member of the fense than Doc Cooke. He will be great- the guidepost we will follow, but we Armed Forces ordered to a permanent change of station or temporary duty in the ly missed. Our thoughts and our pray- will consult together on these issues. ers are with his family. Kingdom of Saudi Arabia with instructions We are now awaiting the distin- regarding the prohibitions in subsection (a) I know my good friend and colleague guished Senator from New Hampshire. immediately upon the arrival of the member from Virginia also knew Doc Cooke a I am told he is on his way. at a United States military installation lot better than I did, and I am sure he I suggest the absence of a quorum. within the Kingdom of Saudi Arabia. The in- will want to add a few words. The PRESIDING OFFICER. The structions shall be presented orally and in Mr. WARNER. Mr. President, I thank clerk will call the roll. writing. The written instruction shall in- my good friend. I remember him with The assistant legislative clerk pro- clude the full text of this section. the warmest regard and respect. I will ceeded to call the roll. (2) In carrying out paragraph (1), the Sec- get for the record the number of Secre- retary shall act through the Commander in Mr. REID. I ask unanimous consent Chief, United States Central Command and taries of Defense under whom he was that the order for the quorum call be Joint Task Force Southwest Asia, and the privileged to serve, but it is somewhere rescinded. commanders of the Army, Navy, Air Force, in the seven to eight number. He was The PRESIDING OFFICER. Without and Marine Corps components of the United affectionately known as the mayor of objection, it is so ordered. States Central Command and Joint Task the Department of Defense. Mr. REID. Has Senator SMITH offered Force Southwest Asia. Mind you now, this is a building that his amendment? (c) PROHIBITION ON USE OF FUNDS FOR PRO- was built in the late thirties and early The PRESIDING OFFICER. Not yet. CUREMENT OF ABAYAS.—Funds appropriated forties, the thought being it might be Mr. REID. Mr. President, I ask unan- or otherwise made available to the Depart- ment of Defense may not be used to procure used as a hospital for heavy casualties imous consent that following Senator abayas for regular or routine issuance to if we ever incurred them. Then it was SMITH’s offering of his amendment, members of the Armed Forces serving in the quickly transformed into the Depart- which will be momentarily, the time Kingdom of Saudi Arabia or for any per- ment of Defense. It is vast. Some 25,000 until 5:45 p.m. today be equally divided sonnel of contractors accompanying the

VerDate May 23 2002 02:52 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.021 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5927 Armed Forces in the Kingdom of Saudi Ara- that began to crop up in the papers and are doing this to our women. After we bia in the performance of contracts entered in the magazines, showing women cheered the liberation of Afghan into with such contractors by the United peeking out through these burqas and women, after the fall of the Taliban, we States. finally beginning to have the freedom are now doing this to our women in Mr. SMITH of New Hampshire. Mr. of expression they so deserved. It was a Saudi Arabia. President, I offer this amendment very warm moment to see that, and a With all due respect, if you cannot today, an amendment to the Defense very touching moment. defend a policy, you probably ought to bill, along with Senators CANTWELL, U.S. reporters began to question, change it. This really doesn’t require a GRASSLEY, DAYTON, REED, CRAIG, now, the Department of Defense, about lot of thought. If you can’t defend it, it LANDRIEU, HARKIN, and BOXER, to rec- how we could justify celebrating the probably should be changed. The Sec- tify a DOD policy that is, frankly, un- victory over the repressive Taliban retary of Defense, I am very pleased to fair, inequitable, inexplicable, and which the burqa symbolized, yet at the say, did eventually repeal the abaya which violates our basic values and be- same time require our own American mandate. liefs as a nation that believes in free- women in uniform to wear the Saudi However, that is the good news. Re- dom of expression and freedom of reli- equivalent of the burqa, which is the grettably, that repeal, which I believe gion. abaya. We just liberated the women in was meant in good faith, was then cir- We are seeking to eliminate the Afghanistan so they could remove the cumvented at lower levels. In other abaya policy still being imposed upon burqa if they so wished. Now, by the words, the Secretary said let’s repeal our female soldiers in Saudi Arabia. same token, at the same time, we are it, but when it went down to the com- For those who do not know what this implementing—holding onto a policy mand level, nothing happened, and is, the abaya outfit covers, from head which forces American women officers, women were still being forced to wear to toe, the person wearing it, and this officers of the U.S. military, to cover the abaya. So basically the decision to abaya covers the entire military uni- their uniform while on official duty. repeal it was ignored. I can’t think of a form of female officers who serve in I must say, when I first heard this, I nicer way to say it. Female soldiers in Saudi Arabia. This policy is unfair, and did not believe it. I was told this by an Saudi Arabia are now essentially co- it is inexplicable. individual I will talk about later, and I erced into wearing Muslim garb by More than a year ago, I wrote to Sec- said I didn’t believe it. I said: I will being warned they will endanger their retary Rumsfeld, along with four of my have to check into this because I don’t fellow comrades if they do not wear it. colleagues: Senators HELMS, CRAIG, believe this is happening. But I found They are now strongly encouraged to NICKLES, and COLLINS, and I asked for out it was true. wear this Muslim robe. an explanation from the Department of The Department had a hard time an- That is the exact language that is Defense regarding the abaya mandate swering this glaring contradiction, and upon females stationed in Saudi Ara- used in the command directive: Women in fact they did not offer any reason- are ‘‘strongly encouraged’’ to wear this bia. We received interim responses to able explanation. the letter but never a substantive Muslim robe. White House counselor Karen Hughes To a young soldier—those of you who reply. Finally, the letter was bucked was presented with an Afghan burqa down to General Shelton and then to have been in the military, as I have, when Bush administration aides came understand this—when you are strong- General Franks. I wrote a second letter back from the trip to Afghanistan. Ap- to Deputy Secretary Paul Wolfowitz ly encouraged to do something by your parently—I wasn’t there, but based on superiors, and you are in uniform, you many weeks after our first letter went reports—she put it on. Everyone was unanswered. do it. It is no different from a direct amused when Karen put the burqa on order. It is essentially the same thing. Eventually, we discovered the reason and began to ask about it, wondering we never received a reply. Frankly, it So the mandate is gone, but women are how the Secret Service would react if still being forced to wear abayas. was too hard for anyone to defend the she walked into the Oval Office with It is incredible to think that a policy. Everyone was so surprised when one on. But Karen Hughes is one of the woman in a military uniform has to they got the letter. They could not un- administration representatives in favor cover that uniform up with an abaya, derstand where this policy came from, of the rights of Afghan women. The and that is a directive at the command why it would be implemented to the ef- First Lady herself spoke out against level of the U.S. military. It really is fect that a military officer, on duty, this appalling mistreatment of women incredible to me that we have to be would be forced to cover her uniform, by the Taliban. So undoubtedly Karen here on the Senate floor to correct this the uniform of the United States of Hughes’s burqa episode may have into law because, frankly, it is a stupid America, when on official duty. seemed somewhat amusing. But it cer- rule. It ought to be eliminated. It How in the world could anyone jus- tainly was not a laughing matter to should not have to be done here on the tify that, as if they were ashamed of Karen Hughes, who spoke out very Senate floor. the uniform and had to cover it up? So strongly in favor of the rights of Af- I tried every way for months not to we could not get an answer. That is the ghan women. be here on the Senate floor to do this. bottom line. It is not a laughing matter that hun- I tried, but I could not get it done be- I received a letter from a man who dreds of United States female soldiers cause it is still there. I have yet to lived in Saudi Arabia for 19 years who are subjected to wearing the Saudi var- meet a man or a woman who has served agreed with my position regarding the iant of the burqa, the abaya. abaya. So I asked Paul Wolfowitz es- In a State Department publication, in Saudi Arabia in the military who sentially what this man asked me: Can ‘‘The Taliban’s War Against Women,’’ agrees with this policy. I have yet to we not instruct our officers in avoiding there is this quotation about the meet anybody who agrees with the pol- harassment and help preserve our hard- burqa. Here is the quote about the icy, whether they served or not. So re- fought freedoms and not make them burqa: peal of the mandate may have helped subject to police state tactics? Isn’t the Department of Defense in terms of The fate of women in Afghanistan is infa- public relations, and legally because of that possible? mous and intolerable. The burqa that impris- On September 11, as we all know, the ons them is a cloth prison, but it is above all the lawsuit brought—reluctantly, I United States was attacked. Shortly a moral prison. The torture imposed upon might add—by Air Force COL Martha thereafter, our Armed Forces began little girls who dared to show their ankles or McSally, who fought for 6 years within their operations in Afghanistan. After their polished nails is appalling. It is unac- the system to overturn this policy and the Taliban and al-Qaida forces were in ceptable and unsupportable. first publicized the injustice of this retreat, Afghan women joyfully—you That is the State Department. That policy last year. can remember the press reports—began is not my quote, that is a quote issued Here is an exemplary officer who shedding their burqas, the head-to-toe by the State Department. fought for 6 years quietly to try to re- gowns women were made to wear by In the quotation from King Mohamed move this, to say it was wrong. The es- the brutal Taliban regime. I think we VI of Morocco, just substitute the word sence of her message is this: I am a can all remember those vivid pictures ‘‘burqa’’ for ‘‘abaya’’ and consider we Christian. I don’t want to wear an

VerDate May 23 2002 02:52 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.001 pfrm17 PsN: S24PT1 S5928 CONGRESSIONAL RECORD — SENATE June 24, 2002 abaya. I want to wear my uniform. I that have to be put in there for you to I have heard some justify this prac- want to do what everybody else does, get promoted. If they are not there, tice as, well, when you are in Rome, do on duty and off. If I want to wear my you get the message. Those of us in the as the Romans do. They are mistaking uniform, I wear it. If I want to wear ci- military know all of that. minor cultural norms, such as not vilian clothes, I wear civilian clothes. I If her career is ruined, it would be a showing the bottoms of one’s feet, or don’t want to wear an abaya. stain on the U.S. Air Force that will removing your shoes at the door, for Yet she was forced to do it. She tried never go away. If Colonel McSally is example, which is customary in Japan for several years to get it corrected, somehow getting any type of retribu- before entering a home, with some- but to no avail. She was basically ig- tion—implied, indirect, or direct of not thing entirely different and far more nored. getting a promotion, or not getting a important. This is the U.S. military of- Whoever brings this type of issue up, command—if that happens—I am not ficer’s uniform. the so-called whistleblower, right away saying it is going to happen. I am not It is not about harmless customs. people say there must be something accusing anybody of it happening. But Rather, it is about our fundamental wrong with her; she is not a good offi- I am saying, if it does, I would say to values—religious freedom based on the cer; she has some agenda; she is a wom- the Air Force, it is a stain on the Air first amendment. And it is about gen- en’s rights advocate, or whatever— Force that is going to take a long, long der discrimination. That is what this things like that are spread around. Let time to clean. is. It is gender discrimination. And it is me tell you about her. Women in Saudi Arabia have to have a violation of the first amendment. It She is an Air Force Academy grad- male escorts. American women wearing goes against every rule we have in the uate. She was selected twice before her abayas are in the company of American military about showing off our uni- time to get an increase in rank. She males. Typically, they are military forms and being proud to wear them. was an A–10 pilot with 100 hours in the males with crewcuts and collared no-fly zone over Iraq and a devout shirts. If an officer junior to McSally— The Saudis certainly don’t believe in Christian. She said in her interview she a male—is walking down the streets of ‘‘When in Rome, do as the Romans do.’’ believes strongly that wearing the Saudi Arabia in a crewcut with an Let me give you an example. abaya violates her faith. Since when open-collared shirt and a pair of kha- The Dallas Morning News reported are we in the business of telling a mili- kis, the officer who is superior to the that Crown Prince Abdullah asked tary officer that she has to wear some- man has to cover her entire uniform women to be barred from air traffic thing that violates her faith and covers with an abaya, and can’t wear civvies control duties when he traveled to up her own uniform? at that. Texas to meet with President Bush. So McSally’s research on the issue I am going to tell you, that is not much for reciprocal ‘‘host nation sen- showed that the policy was originally right. You do not have to be very smart sitivities.’’ justified—here is the justification for to figure out that it isn’t right. Can you imagine that? Crown Prince the policy: ‘‘Host nation sensitivities.’’ American men are prohibited from Abdullah asked that women in our air Worries about offending the Saudis—of- wearing Muslim garb. These women in traffic control towers be barred from fending the Saudis whom we saved abayas are Americans. It is obvious those towers when he traveled to Texas from Saddam Hussein. They would all they are Americans. Why would a guy to meet the President of the United be buying oil from Saddam, while they in a crewcut, who is obviously a ma- States. sat in England someplace unless we rine, or an Air Force officer, be walk- Don’t tell me about reciprocal ‘‘host had defended them. Now we are worried ing down the street with a woman in an nation sensitivities.’’ about their sensitivities, telling a mili- abaya? There is no secret here. That tary officer of the U.S. Army or Air doesn’t constitute ‘‘force protection.’’ I have also heard some say the burqa Force or whatever that they can’t wear The whole argument is ridiculous. It is just plain clothing; it just represents their uniform proudly and show it off. is certainly not going to fool any ter- culture; that it is like the Indian sari. They have to cover it up. That just rorist, if that is the rationale. That is not true. doesn’t cut it. Remember this: People do not want A Washington Times article on Saudi The issue showed that the policy was to wear these. They are willing to take authorities seizing women’s robes originally justified as ‘‘host nation sen- any risk, if there is such risk, not to points out this fallacy. The Wash- sitivities.’’ Then it was later changed have to wear the abaya. ington Times’ story said the Saudi to ‘‘force protection’’ after the Khobar Let me consider for a moment what Ministry of Commerce confiscated Towers were bombed. Neither action ‘‘host sensitivity’’ means. It was the 82,000 gowns from stores and factories makes sense. original justification for the abaya pol- after inspection showed they were not Let me say that again. icy. Does it mean we are going to sub- in conformance with Islamic law. I re- First, it was ‘‘host nation sensitivi- ject our women to the same conditions peat, in conformance with Islamic law. ties.’’ When that didn’t work, it be- that the Saudis set for theirs? Will we The abayas were not plain and opaque, came obvious that there was no jus- eventually be making any American fe- but rather were determined to be ‘‘pro- tification for that. After the Khobar male servicemember who deploys to vocatively clinging,’’ or too highly Towers were attacked, then we Afghanistan wear a burqa? decorated, or too revealing. changed it to ‘‘force protection.’’ I visited Afghanistan. We landed in a In other words, we have to protect snowstorm and reviewed the American Are our DOD officials going to be our troops. And because McSally, or military who were there. Men and asking the Saudi Ministry of Com- anybody else, may not wear the abaya women were standing in a snowstorm merce to determine whether our issued and show off her uniform, it would in- waiting for our plane to land. Senator abayas are in conformance with Is- furiate some Saudi citizen. And, there- DASCHLE was there. Several of my col- lamic law? Do we consult with the fore, because our military are walking leagues were there. They were wearing Saudi Committee for Preservation of around in Saudi Arabia somewhere on their uniforms. Frankly, they looked Morality and Prevention of Vice—the duty or off duty, some Saudi citizen pretty doggone good in them. morality police—on the appropriate- might be offended and take some ac- Not one of those women had to wear ness of our abaya purchases for our fe- tion to harm other military people as a burqa or an abaya because they hap- male soldiers? We are paying for them. well. pened to be in Afghanistan. It is so ri- We are buying these abayas with U.S. McSally eloquently and courageously diculous it is not even worth the taxpayer dollars. exposed the absurdity of the justifica- breath it takes to talk about it. Let me provide a short history of this tions of this abaya edict. In doing so, Yet we have to talk about it right mandate. It surfaced somewhere in she may—the word ‘‘may’’ is the action here on the floor of the Senate because 1992, 1994, or 1995. There was never an word here—have harmed her stellar some bullheaded person down there in abaya mandate during Desert Storm— military career. the command wouldn’t change it. That never an abaya mandate during Desert In these fitness reports of officers, is the reason we are here. It is the only Storm when we had 500,000 troops in there are certain little action phrases reason we are here. the gulf. General Schwarzkopf never

VerDate May 23 2002 02:52 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.030 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5929 ordered our women to wear abayas dur- They knew she was an officer so they living under Saddam right now. Our ing the gulf crisis, nor were they or- harassed her. They knew she was a sol- military personnel—our men and dered not to drive cars, which is an- dier, because she was walking with women—should not have to put up with other order given to American military some guy wearing Bermuda shorts who this kind of stupidity. women. had a crewcut. They knew he was an of- Again, I am here on the Senate floor, Let us consider the contradictions. ficer in the military, and they knew taking my colleagues’ time, to offer Women in the military in Saudi Arabia she was, too. So they chose to harass this amendment because we could not are forced to wear the abaya by a local her. get the local commander to pull back U.S. command decision. State Depart- DOD women are instructed to carry from this rule, this order. ment women are not under any abaya the veil. Imagine, this is DOD women These are the same people, these self- mandate. If you are working for the instructed to carry the veil, and told to anointed religious police, whom we State Department, or if you are the put it on immediately if they are con- seek to accommodate under the ration- wife of an Ambassador, whatever, there fronted by a ‘‘local.’’ This, again, ale of ‘‘host nation sensitivities.’’ I will is no abaya mandate for you. Wives of makes my case that women are subject not use profanity on the Senate floor, military attaches, there is no abaya to harassment for wearing an abaya but ‘‘host nation sensitivities’’ can go mandate. Even the Saudi Government and more likely to be left alone if they straight to that place way down below never mandated the wearing of an are dressed in other garb, tourist cloth- as far as I am concerned. Maybe we abaya for non-Muslim women. I can’t ing, or their uniform. need to have some sensitivity training find it anywhere. If somebody can find Tourists are not required to wear for the host nation. Maybe that is the it, show me, because I can’t find it. No abayas. The Saudis only encourage idea. Maybe that is what we should do. such mandate. tourists to wear conservative western I do not need to repeat that this Na- We are choosing to say that Amer- dress. Forcing a female soldier to wear tion is a superpower. We ought to act ican military officers—outstanding an abaya actually identifies her as an like one. Our military is the envy of U.S. military officers—have to wear an American. If she were wearing conserv- the world. Our men and women in uni- abaya to cover the uniform that they ative attire, she would blend in with form are proud of those uniforms, as I wear with pride. You and I—or anyone other tourists, and there would be said before, and proud of what those who knows anything about the mili- nothing said about it. uniforms stand for. We should not treat tary—know that the two things mili- One other story about the mutawa. any of them—men or women—as sec- tary officers like to show off are their My colleagues should be aware of this ond-class citizens, regardless of the fitness, because they work hard at story. The mutawa are the religious sensitivities of the host nation. being in shape, and their uniforms. Yet police in Saudi Arabia. They recently They do not want to be treated that they are forced to cover up. caused the death of 15 school girls in way. They are willing to take any risk Colonel McSally explained that this Saudi Arabia. These were Saudi girls. of somebody harassing them, or what- is an indignity and an outrage we have These school girls—here is what they ever it is, to wear their uniform. And perpetrated upon ourselves. We did did wrong—they were trying to flee they have that right. They should this. The Saudis did not do this. The their burning school. They were trying never be asked to cover their uniform U.S. command did this. We are eventu- to flee their burning school, but be- in some disgraceful attempt to hide the ally making our women more vulner- cause they were not suitably attired— military uniform of the U.S. Air Force able to harassment by making them they did not have their full abaya garb or any other branch of our military. wear an abaya. on—they were forced back into the We deployed a half million troops in Imagine the ridicule and the jokes flames by the religious police. Do you the gulf against Iraq only a little over that must occur back on the base and know what? Not one major news orga- a decade ago and suffered nearly 300 the insults these women have to take nization in our country carried the casualties to defend the sovereignty of from colleagues over this. When a story front page, that I know of. I will Kuwait and to protect the Saudi King- woman puts one on, she immediately stand corrected if somebody can dom, which was directly threatened by places herself under the jurisdiction of produce one. It is a shocking incident. the invasion of Kuwait by Iraqi forces. the dreaded mutawa. You know who They forced the deaths of 15 girls be- And because the mutawa wants these they are. In Saudi Arabia, they are the cause they were trying to run out of a women to wear burqas or abayas, we religious police. burning building, their school, and did are going to kowtow to that? And we The U.S. Embassy in Saudi Arabia not have their abayas on. That is the can’t get this repealed without coming points this out when it states that with mutawa. Those are the people who are to the Senate floor? Give me a break. regard to ‘‘force protection,’’ that harassing our military personnel when Our deployment in the gulf was pret- ‘‘even with the abaya and scarf, harass- they are forced to wear these abayas. ty important. I supported going to the ment still occurs.’’ Yet consider the fact that our policy gulf. But it was not more important The Embassy’s policy is sound and in Saudi Arabia towards our female than the esprit de corps and the unity reasonable compared to DOD’s. It says, soldiers seems to be done in deference of our servicepeople in the region, nor ‘‘The Embassy will support a women in to these religious zealots, not the ordi- more important than abiding by the whatever personal choice she makes on nary Saudi or the Saudi Government. principles fundamental to the creation the issue of not wearing an abaya or They are the same ones who recently of the United States of America: Reli- head scarf.’’ caused the senseless deaths of these 15 gious freedom of expression, and to That is the Embassy policy. young women in their own country for wear proudly the uniform of the United The State Department, unlike DOD, lack of a head scarf. Think about that. States of America, which millions have trusts women to make these decisions And we are going to kowtow? We are done. of their own accord and judgment. So going to tell a U.S. Air Force officer— How can you ask a military officer— the State Department says: You make who is a decorated officer and has been an exemplary military officer—to the choice. If you want to wear an promoted ahead of schedule twice, an cover up her uniform, to be ashamed of abaya, wear it. But the DOD says you Air Force Academy graduate, who flies her uniform? have to wear it. over Iraq in the no-fly zone—we are In 1981, an Air Force officer sued the Let me tell you a little bit about the going to say to her, you have to cover Air Force because he wanted to wear a mutawa. One press report I found was up your U.S. uniform because you yarmulke, a symbol of the Jewish of a female soldier harassed in Saudi might be harassed by somebody who faith. The case went to the Supreme Arabia because she was wearing an did something such as this, allowing 15 Court, and the officer lost. The Air abaya. The religious police ordered her school children to die because they did Force’s argument then—and I jux- to cover her head, rapping a cane not have a head scarf on when trying to tapose it now to show the contradic- against the wall beside her head. This, run out of a burning building? tory rationale for the abaya today—is again, proves the point that an abaya They ought to be thankful, the the importance of the military uniform puts you at risk of harassment from Saudis, that they are still a country. If and uniformity itself in terms of dis- the mutawa. it had not been for us, they would be cipline and hierarchical unity.

VerDate May 23 2002 02:52 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.032 pfrm17 PsN: S24PT1 S5930 CONGRESSIONAL RECORD — SENATE June 24, 2002 The Air Force’s argument in the This is intolerable, humiliating, de- To repeat the four points this amend- yarmulke case can be summed up thus: plorable, and it is unjustifiable. I would ment addresses, it says: You cannot re- The considered professional judgment be happy to provide for the record the quire or encourage an abaya to be of the Air Force is that the traditional numbers of letters and phone calls I worn; No. 2, no adverse action against outfitting of personnel in standardized have made in the last year or so, to try women who choose not to wear it; No. uniforms encourages the subordination to avoid coming here on the Senate 3, no money to procure abayas for reg- of personal preferences and identities floor to have this put into the legisla- ular or routine issuance; and No. 4, in favor of the overall group mission. tive process—to no avail. I see it pri- that the Secretary of Defense provide That is exactly right. That is the marily as a first amendment issue in instructions to this effect immediately point. that we should not be conforming by upon arrival in Saudi Arabia. That is Uniforms encourage a sense of hierarchical dress to a foreign state religion. It is it. That is the amendment. That is unity by tending to eliminate outward indi- also an issue of gender discrimination. what it does. vidual distinctions except for those of rank. Support for lifting this mandate I urge my colleagues to support my The Air Force considers them as vital during comes from all directions—the left and peacetime as during war because its per- amendment, and I yield the floor and sonnel must be ready to provide an effective the right of the political spectrum, thank my colleagues for their atten- defense on a moment’s notice; the necessary from the Rutherford Institute, which tion. habits of discipline and unity must be devel- sued the Air Force over this policy and The PRESIDING OFFICER. The Sen- oped in advance of trouble. on behalf of Lt. Col. McSally, to the ator from Michigan. Let me use, for a moment, an anec- National Council of Women’s Organiza- Mr. LEVIN. Does the Senator from dote, a fictitious anecdote, but one tions, an umbrella organization. Massachusetts wish to speak on this that likely happened. The PRESIDING OFFICER (Mr. amendment? A person like Colonel McSally de- WYDEN). The time of the Senator from Mr. KENNEDY. Just for a moment, if cides to drive off base on duty, in a New Hampshire has expired. I have the opportunity to speak on an- jeep, with three other officers. First of Mr. SMITH of New Hampshire. I other amendment as well. I will follow all, according to this rule, she has to didn’t realize I was under a time con- whatever procedure the chairman wish- sit in the back because she is not al- straint. I ask unanimous consent for 2 es. lowed to drive the car. And the other more minutes. Mr. LEVIN. Does the Senator from The PRESIDING OFFICER. Without three officers, in this fictitious exam- Vermont wish to speak on this amend- objection, it is so ordered. ple, which probably happened, are jun- ment? Mr. SMITH of New Hampshire. Sup- ior to her. She is the senior officer. She Mr. JEFFORDS. I wish to follow the port for lifting this mandate comes is forced to sit in the back. On top of Senator from Massachusetts on this from both the left and right—the Ruth- that, she has to wear an abaya to cover amendment, yes. erford Institute, which sued the Air herself up from head to foot so nobody Mr. LEVIN. On the pending amend- Force on behalf of Lt. Col. McSally, to knows she has the uniform on. ment? the National Council of Women’s Orga- How humiliating is that? Give me Mr. SMITH of New Hampshire. I re- nizations, an umbrella organization one good reason anybody would sup- serve the right to object. which now includes such well-known port a policy like that? There is not a Mr. LEVIN. I wonder if I could ask members as the League of Women Vot- person in that jeep who would ever say the Chair, is there a time agreement on ers, the National Organization of that she should have to do that. They this amendment? Women, Women in Government, the would be willing to take any risk that The PRESIDING OFFICER. The time YWCA, Hadassah, and the Feminist might come their way, if there were was evenly divided until 5:45. The Sen- Majority Foundation. The House has some, so that she would not have to do ator from Michigan does control all of already spoken, approving a similar bi- it. And she tried to change this for the remaining time. partisan amendment by Representa- years, to no avail. Mr. LEVIN. Mr. President, I yield tives LANGEVIN, HOSTETTLER, and WIL- How far we have come. Martha myself 4 minutes on this amendment. SON to repeal the mandate and stop the McSally is not asking to wear publicly Then if no one else wishes to speak on DOD from purchasing abayas. We pur- a cross as the symbol of her faith. She the amendment, it will be up to the au- chase them on top of everything else. is asking not to wear a religious gar- thor of the amendment if he wishes to The taxpayers are paying for the ment not of her faith. speak further. I would suggest that the She is arguing the Air Force’s case abaya. time that remains between now and when it argued against the yarmulke. The majority leader in a front page 5:45 then be used for other purposes, if She is arguing not to be wearing a Washington Times story on June 17 there is nobody who wishes to speak badge of religious and ethnic identity. commented about the U.S. relationship further on this amendment. I yield my- That is all she is asking. with the Saudi Government: self 4 minutes on the amendment. Interestingly, the Senate disagreed We need to be more aggressive. We need to Mr. SMITH of New Hampshire. If the with the decision by the Supreme be even confrontational with the leadership Court that disallowed the wearing of a of the Saudi government in those occasions Senator will yield for a moment, I did yarmulke. The Senate voted 55–42 for a when they’re not doing enough, and when have a couple of requests from Sen- Lautenberg amendment that would they are sponsoring this propaganda of the ators who may be here to speak. That have allowed first amendment expres- ilk we’ve . . . seen. is all. I didn’t want to ignore that re- sion by permitting ‘‘neat and conserv- He was talking about fighting ter- quest. I have no objection to the Sen- ative’’ religious attire, but letting the rorism. The same advice should apply ator speaking to another matter. If the DOD decide when wearing such apparel to the Saudis when it comes to making Senators do come down and wish to interfered with members’ duties. our female troops wear Muslim cloth- speak, I would like them to have that Many Senators still serving today ing. We need to stand up to the Saudis, opportunity. voted in favor of that Lautenberg stand up for women in the military. We The PRESIDING OFFICER. The Sen- amendment. also need to stand up for ourselves as a ator from Michigan. The Reagan administration sup- nation, stand up for our values and our Mr. LEVIN. With that understanding, ported the Air Force, and the Senate beliefs. I will proceed and yield myself 4 min- amendment was never enacted into I also note that the chairman of our utes. law. Armed Services Committee made a Mr. President, I strongly support the The Senate vote was a defense of reli- pointed comment when the abaya issue amendment of the Senator from New gious expression. Fifteen years later, surfaced about disrespect for female Hampshire to prohibit the requirement we are facing a grievous situation servicepeople in Saudi Arabia, and or the encouragement that our female where our servicewomen in Saudi Ara- maybe we should reconsider our bases service members serving in Saudi Ara- bia are coerced into wearing religious there in light of this disrespect. bia wear an abaya when they leave garb in conflict with their faith and I totally agree with the distinguished their military bases. which subverts the discipline and uni- Senator from Michigan. I urge my col- From 1991 until January 2002, U.S. formity of the U.S. military uniform. leagues to support this amendment. military authorities required female

VerDate May 23 2002 02:52 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.035 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5931 service members leaving military bases serving in Saudi Arabia. It would also abaya while serving in an official ca- in Saudi Arabia to wear the abaya, a prohibit taking adverse action against pacity for the United States Govern- traditional religious garment for Saudi servicemembers for choosing not to ment. women. The rationale for this policy wear an abaya while assigned or on We should be setting a positive exam- was force protection, respect for host temporary duty in Saudi Arabia. Fur- ple of respect for women, especially the nation customs, and preventing con- ther, it would prohibit the use of De- very women who are helping to defend flicts with the Saudi religious police. partment of Defense funds to procure Saudi Arabia from would-be aggressors. This issue came to a head in Decem- abayas for military personnel serving In order to try to alleviate the ber 2001, when Lt. Col. Martha in Saudi Arabia and would require the mounting criticism of the abaya pol- McSally, an Air Force pilot stationed military to inform female icy, the Central Command revised its at Prince Bandar air base, initiated a servicemembers of these prohibitions policy in January to state that the lawsuit against DoD seeking a court when they are ordered to duty in Saudi wearing of the abaya is ‘‘not manda- order declaring the policy unconstitu- Arabia. tory but is strongly encouraged’’. tional. In January 2002, the military Mr. President, this is simply the This distinction does not go nearly announced a change in the uniform pol- right thing to do for our far enough and may mean little in icy, making wearing of the abaya ‘‘not servicemembers who so loyally serve practice. mandatory, but strongly encouraged.’’ our country wherever we ask them to Let me be clear, the abaya policy is Lt. Col. McSally claimed this was in- serve. not simply a bad idea and completely sufficient and did little to change de I congratulate Senator SMITH for his unnecessary, it is blatantly discrimina- facto pressure on military service initiative in this matter. I think it is a tory. women to conform to the old policy. very significant statement about what All attempts to justify this policy Mr. President, Lt. Col. McSally is the we are all about and what our military have fallen flat and it has become pain- highest ranking female Air Force jet is all about. I hope the Senate will fully obvious that this policy must be pilot. She is an Air Force Academy adopt this amendment. abolished entirely. graduate with a Masters degree, a The PRESIDING OFFICER. The Sen- Our amendment would prohibit the Desert Storm veteran, and has over 100 ator from Virginia is recognized. Department of Defense from requiring hours as a rescue pilot. When she re- Mr. WARNER. Mr. President, I join American servicewomen in Saudi Ara- fused to wear the abaya, Lt. Col. strongly in recommending that our col- bia to wear the abaya and forbid DOD McSally was criticized for her leagues support Senator SMITH’s initia- to spend taxpayer money to purchase unprofessionalism and lack of leader- tive. And I associate myself with the the garment. ship. When she told her commanding remarks of our distinguished chairman. It also protects our female service officer ‘‘I cannot, will not put that This is something that has to be cor- members from any kind of retaliation thing on,’’ she risked her career for the rected right now. We have extraor- for not wearing the abaya garment. rights of America’s female service dinary women performing in almost At a time when Afghan women are members and, I suggest, for the rights every capacity of our military today. celebrating their new found liberties, it of all of us. This is one of those situations where is frankly embarrassing to have a pol- Lt. Col. McSally is an officer who has maybe there were the best of inten- icy in place that subjects our own serv- patrolled the no-fly zone in Iraq and tions at the time, but it is out of hand icewomen to a demeaning practice. led search-and-rescue missions in Af- now. It is time to correct it with final- It is time for this policy to go and I ghanistan. She is asked every day to be ity and clarity. We are doing that with would urge my colleagues to support ready to save the lives of her fellow the Smith amendment. this amendment. service members. Yet we deny her and I yield the floor. Ms. LANDRIEU. Madam President, I all female service members serving our Mr. GRASSLEY. Mr. President, I’m am pleased to join my colleagues, Sen- Nation in Saudi Arabia the same rights pleased to join Senators SMITH and ator CANTWELL of Washington, Senator as their male counterparts as soon as CANTWELL, along with several other SMITH of New Hampshire, and Senator they leave the base. Senators, in proposing an amendment GRASSLEY of Iowa, as a co-sponsor of The Department’s decision to change to end, once and for all, an ill-con- this critical amendment to provide jus- the requirement for female service ceived and discriminatory policy in the tice, dignity, and equal rights to our members stationed in Saudi to wear U.S. Military. service women stationed in Saudi Ara- the abaya off-base to a ‘‘strong encour- Several years ago, the United States bia. agement’’ is, at best, a superficial Central Command instituted a policy The Kingdom of Saudi Arabia re- change. A ‘‘strong encouragement’’ is that requires our female service mem- quires its women to wear garment practically the same as an order in bers in Saudi Arabia to wear an abaya called the abaya, it is a covering which military terms. while off base. extends from head to toe on a woman. The State Department doesn’t re- The abaya is a traditional religious It is part of the Muslim faith and their quire female foreign service officers to garment worn by Saudi women not un- customs and traditions. wear an abeya in Saudi Arabia. Forcing like the Afghan burqa. The Saudi Arabian government does service members to conform to a reli- Saudi women can face beatings by re- not require American women living or gious code not of their own violates ligious police if they are not wearing visiting in Saudi Arabia to wear the their religious freedoms. Requiring, or this garment and the U.S. Central abaya. Rather, both men and women ‘‘strongly encouraging,’’ female service Command has justified this policy as a are encouraged to wear modest Amer- members to wear the abaya is oppres- force protection measure. ican clothing. sive, and it is demeaning to people who However, the Saudi Government does When visitors come to my home, I do not believe in the same religion as not require non-Muslim women to wear anticipate they will abide by the rules those presumably putting pressure on an abaya. I have established in my home. There- the U.S. to require wearing an abaya. Westerners are merely expected to fore, I respect the wishes of the Saudi At the same time we are asking our fe- wear conservative clothing, such as government, that when westerns enter male service members to risk their slacks and collared shirts for men and Saudi Arabia, westerns should wear lives to fight for the liberties we cher- long skirts and long sleeved blouses for modest clothing. I would not want to ish, we are denying them the very free- women. violate the customs of a host country. dom they are defending, simply be- While it’s sensible to make reason- What I cannot understand is why the cause they are stationed in a country able accommodations for a host cul- Department of Defense has determined with different cultural norms. This is ture, we must not forget that Amer- that American service-women must not acceptable. ican personnel abroad are representa- wear the abaya when they leave the The amendment before us would cor- tives of our free society. confines of the military bases in Saudi rect this policy by prohibiting, requir- In fact, the U.S. State Department Arabia. The host government does not ing, or encouraging our female explicitly forbids its female employees mandate that service women wear the servicemembers to wear an abaya when in Saudi Arabia from wearing the abaya. More importantly to me, the

VerDate May 23 2002 02:52 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.038 pfrm17 PsN: S24PT1 S5932 CONGRESSIONAL RECORD — SENATE June 24, 2002 Saudi government does not require our Without objection, it is so ordered. vilian employees to private contrac- service women to dress differently Mr. KENNEDY. Mr. President, I also tors. Between 1993 and 2001, the number from our service men. However, our ask unanimous consent that imme- of civilian employees at the Depart- very own Department of Defense re- diately upon the reporting of my ment of Defense declined by more than quires our service-women to dress dif- amendment, it be laid aside, and the one-third. That represents the loss of ferently from our service men. This is Senate resume the consideration of the 300,000 public jobs. The work has gone unjust and outrageous. Smith amendment. instead to private contractors. During Our service women are equals to The PRESIDING OFFICER. Without a period of only 3 years, the contractor their male counterparts in the Armed objection, it is so ordered. workforce expanded by almost 400 per- Services. Women have died and bled in AMENDMENT NO. 3918 cent. The number of private contract defense of this country. They can fly Mr. KENNEDY. Mr. President, I send jobs grew astoundingly, from 197,000 to fighters, pilot helicopters, and drive an amendment to the desk. 734,000 jobs—substantially surpassing ships. Those rights did not come easily. The clerk will report. the DOD’s civilian workforce of public Roadblocks were put in the way, and I The assistant legislative clerk read workers. thought they has been overcome. But as follows: These are the same contractors who now, the Department of Defense wants The Senator from Massachusetts [Mr. KEN- overcharge the Defense Department to make our first-rate women soldiers NEDY], for himself, Mr. REED, Mr. AKAKA, Mr. and taxpayers for simple tools and even second class citizens in the United FEINGOLD, and Mr. DURBIN, proposes an toilet seats. The GAO study found that States military. amendment numbered 3918. the cost of nearly 3,000 spare parts pur- I hope the Senate will approve this Mr. KENNEDY. Mr. President, I ask chased by the military from private amendment and stand with the House unanimous consent that further read- contractors increased by a 1,000 percent of Representatives, which passed simi- ing of the amendment be dispensed or more in just 1 year. One spare part lar legislation, to send a strong mes- with. estimated to cost less than $3 was sold sage to the Department of Defense that The PRESIDING OFFICER. Without to the Government by contractors for women in uniform are not second class objection, it is so ordered. $14,529. citizens. (The amendment is printed in the I have a list here from the GAO: A In closing, I want to salute the RECORD of Thursday, June 20, 2002, machine bolt, estimated at $40, actual women who brought this issue to under ‘‘Text of Amendments.’’) price: $1,887; a hub body, estimate $35, America’s attention. Lieutenant Colo- Mr. KENNEDY. Mr. President, I have actual price: $14,529; a self-locking nut, nel Martha McSally has always been a 12 minutes. I see my friend from Ha- initial estimate $2.69, actual price: warrior. She fought the Pentagon’s bu- waii. He wanted to speak on my $2,185; a radio transformer, initial esti- reaucracy to become one of the first fe- amendment. If the Chair reminds me mate $683, actual price: $11,000. The list male fighter pilots. And, now she has when 9 minutes is up, if there is no ob- goes on and on and on and on. to fight the Pentagon, once gain, in a jection, I will let the Senator from Ha- Surely, the DOD found that the cost court of law to overturn the Penta- waii speak for 3 minutes, if that is all of spare parts increased more than gon’s abaya policy. Colonel McSally right, following me. twice as fast between 1993 to 2000 when you serve as an inspiration to young Mr. KENNEDY. I will yield myself 9 there was no competition. Do we un- women across the United States who minutes. derstand that the cost of these spare want to serve their country. Today, I Mr. President, as I understand it, for parts increased dramatically over the hope the Senate can come to Colonel the benefit of the Members, we are period of time when there was no com- McSally’s defense, and all women serv- going to vote at 5:45. I bring to the at- petition. Surely, we can do better. ing in Saudi Arabia, to lift this irra- tention of the floor leaders that we can The critical work by DOD is not sub- tional Pentagon rule. have a vote on this at a time agreeable ject to open, full competition. In many Mr. SMITH. Mr. President, I ask sometime in the middle of the morning cases, the private contractors face no unanimous consent that Senator MI- tomorrow. We will have additional competition at all. In fact, the Associ- KULSKI be added as an original cospon- time to discuss this. ated Press reported last year that the sor. I offer this amendment to promote Government bought more than half of Mr. LEVIN. Mr. President, I will public-private competition for Depart- its products without bidding or other yield some of the time to Senator ment of Defense work. Today, there is practices to take advantage of the mar- SMITH to control. Apparently, I control far too little real competition for con- ketplace. As a result, current defense the time. Why don’t I yield 5 minutes tracts to provide goods and services to contractors are being unfairly shielded to Senator SMITH under his control, Federal agencies. We should be getting from competition. It is the taxpayers and then yield to Senator KENNEDY for the most out of every taxpayer dollar. who are paying the price in higher 12 minutes, and then yield to Senator So if a Federal agency could do the job costs. JEFFORDS for 10 minutes. That is just better and cheaper than a defense con- In any other area of American busi- about right. tractor, the Federal worker should get ness, these noncompetitive practices Mr. WARNER. May I inquire as to the job. would be unacceptable. In fact, no pri- the subject of the Senator from Today, less than 1 percent of Depart- vate company would reasonably Vermont? ment of Defense service contracts are outsource jobs without a hard-headed Mr. JEFFORDS. It is about home- subject to public-private competition. analysis showing cost savings. Even land security. Only a tiny fraction of the more than 2 the Department of Defense recognized Mr. WARNER. We are very anxious million DOD contracts face real com- that real competition has been sorely to get to the Kennedy matter. petition. As a result, we are depriving lacking. The PRESIDING OFFICER. The Sen- loyal and dedicated public workers of When the inspector general looked at ator from Massachusetts is recognized. the chance even to compete for their the Department of Defense service con- Mr. KENNEDY. Mr. President, first own jobs. At the same time, we are de- tract process in the year 2000, he con- of all, I congratulate my colleague priving the American people of the effi- cluded that 60 percent of service con- from New Hampshire for an excellent ciencies they deserve, especially as we tracts suffered from ‘‘inadequate com- presentation. I look forward to sup- take on today’s great challenges in de- petition.’’ porting it for reasons that he has out- fending the security of our Nation. Despite these huge markups by pri- lined. He made a very compelling case My amendment would lower costs for vate contractors, it doesn’t mean their here this afternoon. taxpayers and enhance our Nation’s workers are being paid even a living Mr. President, I ask unanimous con- readiness by promoting expanded pub- wage. In fact, according to a study by sent that the Smith amendment be lic-private competition. the Economic Policy Institute, more temporarily laid aside so that I may Over the last decade, there has been than 1 in 10 Federal contract workers call up amendment No. 3918. a massive shift in who does the work is earning poverty-level wages, and The PRESIDING OFFICER. Is there for the Department of Defense. This most of the firms paying these wages objection? work has shifted dramatically from ci- are defense contractors. Workers are

VerDate May 23 2002 02:52 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.006 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5933 losing out and taxpayers are losing out quirements. But when we have the re- committee, I will continue to work to from this lack of competition. Clearly, sults, as I mentioned, the fact we have ensure DOD procurement policies are more private-public competition is bolts and self-locking nuts, radio trans- conducted in a manner that achieves needed to ensure that the taxpayers, as formers, routine matters—I have a list the best return on the dollar. This well as public workers, are getting a of over 30 items right here in my amendment takes important steps to- fair shake. hand—cable assembly; linear micro- ward this goal. The record shows when there is real circuit; aircraft stiffener, $125, sold for I yield back my time, Mr. President. competition, public workers will show $3,400; insulation, $1, sold for $3,390. The PRESIDING OFFICER. Who their strength. In fact, when Govern- Why do we tolerate it, Mr. President? yields time? ment agencies have competed for con- How can the Defense Department not AMENDMENT NO. 3969 tracts, they have won the bids 60 per- be willing to accept this? Mr. LEVIN. Mr. President, I believe cent of the time fair and square. I believe I have about 3 minutes. I the Senator from Washington needs 5 The public-private competitions that yield those remaining 3 minutes to my minutes, and Senator JEFFORDS has have taken place have saved an average friend and colleague from Hawaii. agreed to withhold his comments until of over 30 percent for an estimated $660 The PRESIDING OFFICER. The Sen- after the vote, which is very helpful. million in savings to taxpayers. That ator from Hawaii. Senator SMITH has 5 minutes, and I be- means the taxpayers save money and Mr. AKAKA. Mr. President, I thank lieve Senator THOMAS wants 8 minutes. good workers keep their jobs. Senator KENNEDY for the time. Mr. SMITH of New Hampshire. Mr. The amendment I am offering this Mr. President. I rise in support of an President, I do not need 5 minutes. I evening requires an analysis of the amendment to the DOD authorization yield my 5 minutes to the Senator from costs of maintaining work in the public bill that takes important steps to en- Washington. sector and contracting work out to the hance cost-effectiveness and account- Mr. LEVIN. Is the Senator from Iowa private sector. It lays out flexible prin- ability in Government. I am pleased to here to speak on this amendment? ciples to guide the public-private com- have worked with Senator KENNEDY to Mr. GRASSLEY. No. petition process and allows DOD broad offer this amendment to improve finan- Mr. LEVIN. Senator REID is not in flexibility in establishing a competi- cial transparency and cost savings in the Chamber. The agreement is we will tion consistent with these principles. procurement policies. vote at 5:45 p.m. If we provide time for The amendment also offers wide dis- This amendment will promote sen- those two Senators, it will be 5:40 p.m. cretion to DOD by creating a number sible procurement policies by requiring Do we know whether there is any ob- of exemptions from the public-private cost savings before decisions are made jection to voting at 5:50 p.m. instead of competition. When national security so to outsource Government functions. 5:45 p.m.? None. demands, DOD is given the power to The requirement that the government I ask unanimous consent that Sen- waive public-private competition. show a 10-percent cost savings prior to ator CANTWELL speak for 5 minutes, The PRESIDING OFFICER. The outsourcing has been a part of the com- then Senator THOMAS speak for 7 min- Chair informs the Senator from Massa- mercial activities analysis for many utes, and then we will vote at 5:50 p.m. chusetts he has used 7 minutes of his years and is considered standard prac- instead of 5:45 p.m. time. tice. I tried to codify the 10-percent The PRESIDING OFFICER. Without Mr. KENNEDY. I thank the Chair. cost-saving provision last year in the objection, it is so ordered. Mr. President, the amendment also National Defense Authorization Act for The Senator from Washington. exempts many categories of work for Fiscal Year 2002. I was met, however, Ms. CANTWELL. Mr. President, I public-private competition, including with opposition because the Commer- rise today in support of the Smith- high-tech work. cial Activities Panel had not yet com- Cantwell-Grassley amendment to pro- The amendment also provides a waiv- pleted its review. I am happy to report hibit the Department of Defense from er to DOD for functions that must be that the Commercial Activities panel ordering female military personnel to performed urgently. completed its review last month and I wear the Saudi abaya garment. Before Finally, it remains in the discretion am renewing my efforts, with my col- I begin my statement, I would like to of DOD to determine which jobs may be leagues, to codify the 10-percent cost- thank Senator BOB SMITH for his tre- open to public-private competition. savings provision. It is important to mendous work on the issue. The principles underlying this legis- note that the amendment includes a For most of the last 8 years, officer lation have broad support. In fact, the provision which allows the Secretary of and enlisted women who are stationed administration is on record for ex- Defense to waive the cost-savings re- with the Joint Task Force Southwest panded public-private competition. I quirement if national security inter- Asia in Saudi Arabia have been re- want to show statements that were ests are compelling. quired to wear the abaya when going made this past spring. This amendment would promote pub- off base, either for official duties over This is Angela Styles of the Office of lic-private competition by ensuring their uniforms or in their off duty Management and Budget: that federal employees have the oppor- hours. The abaya is the traditional re- tunity to compete for existing and new ligious garment for Saudi women, simi- No one in this administration cares who wins a public-private competition. But we DOD work. It strengthens fairness in lar to the Afghan burqa. very much care that government service is public-private competitions by ensur- On Tuesday, May 14, the House provided by those best able to do so. Every ing that DOD competes an equitable passed, by unanimous voice vote, its study on public-private competition I have number of contractor and civilian jobs. prohibition against the Department of seen concludes that these competitions gen- It also improves government trans- Defense requiring or compelling U.S. erate significant cost savings. parency by establishing measures to female service members in Saudi Ara- GAO recommendations: track the true cost and size of the DOD bia to wear the abaya garment, either Competitions, including private competi- contractor workforce. on or off duty. Like the House legisla- tions, have been shown to produce signifi- The amendment offers wide discre- tion, the amendment we are discussing cant cost savings for the government, re- tion to the Department by creating a today prohibits the Department of De- gardless of whether a public or private entity number of exemptions from the re- fense from forcing or encouraging is selected. quirements of public-private competi- American servicewomen in Saudi Ara- Mr. President, why not have competi- tion. The amendment gives the Depart- bia to wear the abaya garment, re- tion? That is what this amendment is ment the authority to waive public-pri- stricts the Department of Defense from all about. When we have not had the vate competition requirements when spending taxpayer money to purchase competition, we have seen these explo- national security requires such action. the garment, and protects service- sions of cost. We are just saying let the The passage of this amendment women from retaliation should they Department of Defense set up the cri- would lead to smarter and more effi- choose not to wear the garment off teria. They can exclude the matters cient procurement policy for the Fed- base. which are of national security impor- eral Government. As chairman of the As a democracy, we should be at the tance, urgent, or have some other re- Senate Armed Services Readiness Sub- forefront of embracing equality for all

VerDate May 23 2002 02:52 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.042 pfrm17 PsN: S24PT1 S5934 CONGRESSIONAL RECORD — SENATE June 24, 2002 of our citizens, and by our actions show and the state department to the Saudi when they are stationed in Saudi Ara- that we practice what we preach. The government. Although women have bia.’’ military has gone to great lengths to been harassed, both while wearing the Another veteran from Olympia, WA, communicate to the troops that they abaya and when not wearing the abaya, who writes that he is ‘‘appalled at the are respected regardless of race, reli- I have no information that any protest treatment of a true American hero . . . gion or gender. But encouraging our about the Mutawa’s actions has ever [while] the Pentagon demeans her with military women in Saudi Arabia to been initiated either by the State de- an embarrassing dress code while in wear the abaya communicates just the partment or the Department of De- Saudi Arabia.’’ opposite viewpoint . . . it reinforces fense. Another constituent from Seattle, gender stereotypes and sends the mes- I understand that the norms for pub- WA, was a military police officer in the sage to our soldiers that women are lic behavior in Saudi Arabia are ex- U.S. Army, and wrote that she was ‘‘in- not equally valued. tremely conservative. According to our censed to learn that our military The Department of Defense policy re- own State Department travel advisory women in Saudi Arabia are being sub- quiring military women to wear an regarding proper attire and behavior jected to’’ wearing the abaya and asked abaya whenever they went off base, and when visiting Saudi Arabia, visitors, that we immediately rescind these reg- other measures directed exclusively to- both male and female, should wear ulations. wards women, started shortly after the very conservative clothing, and behave We are not advocating that military Gulf War. It is important to note that so as not to draw attention to them- women be able to wear tank tops and during the war, General Schwarzkopf selves. shorts when off base in Saudi Arabia worked closely with the U.S. embassy For women, skirts should be ankle . . . but we do believe that wearing the and the consulate in Dhahran on the length, sleeves wrist length, and neck- recommended conservative clothing Gulf coast to set up liaison procedures lines above the collarbone. Pants and maintains a woman’s dignity and sta- with the Saudis that would nip prob- pantsuits may attract unwanted atten- tus among our U.S. troops stationed lems in the bud. As a result, while tion. The Mutawa are charged with en- there. We need to balance host nation women were encouraged to wear the forcing these standards. Although the sensitivities with our nation’s goal to abaya when off base, they were not re- climate in Saudi Arabia is very hot, promote American values of democracy quired to. Nor were they required to sit and lightweight clothing is rec- and equality abroad. in the back seat of motor vehicles. Nor ommended for travelers, the abaya con- The fact of the matter is that what it were they forbidden from driving, since sists of a black material that, along comes down to, when you value people, that rule impeded the military’s mis- with the headscarf, covers the wearer you give them freedom, including the sion. from head to foot. However, I think it freedom of self-determination. That is Why these policies changed in the is really important to note that the who we are and what our country rep- early 1990s is still unclear. At first, the Saudi government does not require resents across the world. reason was ‘‘host nation sensitivities.’’ non-Muslim women to wear the abaya. As U.S. Senators, we should strive to As you may recall, although there were While U.S. military women have been ensure that our military men and many restrictions on the troops during required to wear the abaya even when women are treated fairly wherever we Operation Desert Storm, the relative on duty, official State department pol- send them to accomplish our country’s freedom our military women enjoyed icy is that its female personnel on offi- work. I understand that Americans vis-a` -vis the local women, prompted a cial business are expressly forbidden serving overseas are there by agree- demonstration by defiant Saudi women from wearing the abaya because they ment of the host nation, and that the who drove their cars around Riyadh, are representing the United States host nation can withdraw that agree- saying, in effect, that what U.S. mili- Government. These women may wear ment when they see fit. I also under- tary women could do, Saudi women the abaya when off-duty if they choose, stand and believe that Americans should be allowed to do, too. This situ- and many state department female em- should respect and abide by a host na- ation, and the fact that Riyadh is one ployees do choose to wear the garment tion’s laws. of the most conservative areas of the when not on official business, in def- Yet, every military member is a rep- country, may have been the reason the erence to the Saudi culture. resentative of our country and a sol- Joint Task Force Southwest Asia com- The Department of Defense now says dier-statesman whether a private or a mander acquiesced to these new poli- that it will change its policy from ex- general. When they represent us, they cies. The consequence of this, however, plicitly ordering that women wear the represent our democratic ideals. Sol- is a policy that sets up a double stand- abaya while on duty but off base, to a diers, both men and women, are fight- ard and denigrates female personnel in policy that ‘‘strongly encourages’’ ing for our democratic principles. We the U.S. military. wearing an abaya. Women in my state want our military personnel to abide After the Khobar Towers bombing in who have been stationed with the mili- by the rules of the country in which 1996, the primary reason for the restric- tary in Saudi Arabia tell me that the they are stationed, but we should not tive policies towards women changed words ‘‘strongly encourage’’ are tanta- impose stricter rules on only one group to ‘‘force protection.’’ The Department mount to an order. There is no choice. of our soldiers, especially when it is of Defense states that this policy is for Many other men and women from my not required by the host nation. the protection of the military women home state of Washington have written The Department of Defense has had . . . that if they do not wear this gar- me supporting changing the Depart- ample opportunity to rescind this pol- ment they would be subject to beatings ment of Defense policy in Saudi Arabia icy, but they have only made token at- and other harassment by the Mutawa, that strongly encourages women to tempts to change its policy in a man- the Saudi religious police. The Depart- wear the abaya garment over their ner that effectively leaves its original ment of Defense states that if women clothes when they leave the base. policy in place. There is no doubt that do not wear the abaya, they will not One of my constituents, a veteran the Department of Defense needs the blend in, thus making military per- from Kent, WA, wrote to say ‘‘women flexibility to ensure the force is pro- sonnel in Saudi Arabia targets for ter- that have served this country honor- tected and our country’s military read- rorist attack. Finally, the Department ably and distinguished themselves in iness is not impeded. However, this of Defense states that if women do not battle deserve our respect and sup- must not be done at the expense of our wear the abaya, male military per- port.’’ He applauded the willingness to female soldiers’ civil and religious free- sonnel would be subject to harassment women, especially Lieutenant Colonel doms. There are approximately 1,000 and arrest. Martha McSally, the Air Force Colonel women stationed in Saudi Arabia. It Frankly, any action taken against who first brought this attention to na- inconceivable that while we entrust U.S. military personnel—male or fe- tional attention, for ‘‘her willingness these women and ask them to put their male—by the Saudi religious police— to stand up and fight the repressive lives on the line, at the same time we the Mutawa—for purported infractions and unreasonable orders for females in are asking them to succumb to out- of their strict behavioral codes should the services to wear an abaya and be dated ideas about what individuals can be strongly protested by the military subject to other demeaning practices or cannot do because of gender.

VerDate May 23 2002 02:52 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.045 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5935 Last month, the House, by voice This is very strong opposition from Mr. SMITH of New Hampshire. Mr. vote, unanimously approved similar the Secretary of Defense. President, I ask for the yeas and nays. legislation. We are here today to com- This next letter comes from the Ex- The PRESIDING OFFICER. Is there a plete the circle and show our support ecutive Office of the President, Office sufficient second? for our women in uniform who not only of Management and Budget Director There appears to be a sufficient sec- have to fight our enemies, but also ap- Mitchell Daniels. He says: ond. parently have to fight for their rights I am writing to express deep concern over The question is on agreeing to within our own military. the possible Kennedy amendment. . . . While amendment No. 3969. While there are sometimes conflicts agencies are embracing competition, focus- The clerk will now call the roll. in what the military wants, and what ing on core mission, and eliminating barriers The legislative clerk called the roll. the civilian leadership wants, we must to entering the marketplace, this amend- Mr. REID. I announce that the Sen- remember that the military answers to ment does the opposite. It would require the ator from Illinois (Mr. DURBIN), the government to consider reforming noncore Senator from Maryland (Ms. MIKUL- its civilian leadership. If Congress activities that it doesn’t have the skills to SKI), and the Senator from New Jersey didn’t use its authority to require the do when entrepreneurs and their employees military to change its policies, our are ready, willing and able to perform. (Mr. TORRICELLI) are necessarily ab- sent. service academies would still be all Finally, let me share one more letter, men, our fighter pilots would still be I further announce that, if present from Assistant Secretary of Defense and voting, the Senator from Illinois all men, and our ships would still be all Powell Moore. He says: (Mr. DURBIN) and the Senator from men. And our military would be a shell The Department of Defense strongly op- of what it is today, because without Maryland (Ms. MIKULSKI) would each poses an amendment to be offered by Senator vote ‘‘aye.’’ women, the military could not function Kennedy that would restrict the Depart- as a professional, all-volunteer force. ment’s ability to contract with the private Mr. NICKLES. I announce that the Mr. President, I want to take a mo- sector. The following information sheet out- Senator from North Carolina (Mr. ment to acknowledge the hard work of lines the Department of Defense’ views on HELMS), the Senator from Arkansas Darlene Iskra, a legislative fellow in the proposed Kennedy amendment. (Mr. HUTCHINSON), the Senator from my office. Darlene is a retired Navy Very briefly—and this is from the De- Alaska (Mr. MURKOWSKI), and the Sen- Commander; in fact, she is the first partment of Defense—the amendment ator from Pennsylvania (Mr. woman ever to command a U.S. Navy would increase costs to the Depart- SANTORUM) are necessarily absent. ship. Her work in my office, and espe- ment by over $200 million a year. By The PRESIDING OFFICER (Mr. cially on this issue, has been invalu- requiring 10-percent cost savings with AKAKA). Are there any other Senators able. no limitation, DOD will not be able to in the Chamber desiring to vote? I thank the Chair, and I yield the take advantage of savings greater than The result was announced—yeas 93, floor. $10 million but less than 10 percent. nays 0, as follows: The PRESIDING OFFICER. Who Mr. WARNER. Will the Senator yield [Rollcall Vote No. 161 Leg.] seeks time? for a question on that cost point? YEAS—93 The Senator from Wyoming. Mr. THOMAS. Yes. Akaka Dodd Lincoln Mr. THOMAS. Mr. President, I rise to Mr. WARNER. That derives from the Allard Domenici Lott speak in opposition to the Kennedy 10-percent differential, does it not? Allen Dorgan Lugar amendment. Baucus Edwards McCain Mr. THOMAS. Yes, sir. Bayh Ensign McConnell In 1998, this body passed unanimously Mr. WARNER. It does not include the Bennett Enzi Miller the Federal Activities Inventory Re- costs of the hiring and the training and Biden Feingold Murray form Act of 1998. I was one of the prin- incalculable number of new Federal Bingaman Feinstein Nelson (FL) Bond Fitzgerald Nelson (NE) cipal sponsors. The FAIR Act was employees; am I not correct? Boxer Frist Nickles passed unanimously, as I said. It was a Mr. THOMAS. The Senator from Vir- Breaux Graham Reed carefully crafted compromise at that ginia is correct. Indeed, the Secretary Brownback Gramm Reid time between the private sector and says the added costs to which the Sen- Bunning Grassley Roberts Burns Gregg Rockefeller the unions, the first time a process was ator refers are likely to exceed $100 Byrd Hagel Sarbanes codified to help assure proper imple- million per year in addition. Campbell Harkin Schumer mentation of a 47-year-old Federal pol- Mr. WARNER. In addition. I thank Cantwell Hatch Sessions the Senator. Carnahan Hollings Shelby icy that states the Government shall Carper Hutchison Smith (NH) not be involved in commercial activi- Mr. THOMAS. He says further: Chafee Inhofe Smith (OR) ties, a policy that has been in place for Less efficiency: The amendment would ad- Cleland Inouye Snowe a very long time, and a very clear pol- versely impact mission efficiencies and effec- Clinton Jeffords Specter tiveness. Cochran Johnson Stabenow icy, I believe, that we ought to go to Collins Kennedy Stevens the private sector for those things that I just got through saying we unani- Conrad Kerry Thomas can be done in the private sector that mously adopted the outsourcing bill, Corzine Kohl Thompson are not inherently governmental. We the FAIR bill. This amendment, ac- Craig Kyl Thurmond cording to the Department of Defense, Crapo Landrieu Voinovich passed that unanimously. It is now in Daschle Leahy Warner the process of being implemented. would foster insourcing which would Dayton Levin Wellstone The sponsor of this amendment spent exacerbate the Federal human capital DeWine Lieberman Wyden most of his time talking about the De- crisis we are now in, in this war on ter- NOT VOTING—7 fense Department support of this prop- rorism. Durbin Mikulski Torricelli osition. I want to share a letter or two Finally, he indicates it preempts the Helms Murkowski that I received. This one happens to be congressional intent. This amendment Hutchinson Santorum from the Secretary of Defense, Donald would preempt implementation of the The amendment (No. 3969) was agreed Rumsfeld: recommendations of the congression- to. Dear Mr. Chairman: I am writing to ex- ally mandated, GAO-chaired, commer- Mr. LEVIN. I move to reconsider the press my strong opposition to the draft cial activities panel. vote. amendment proposed by Senator Edward I intend to spend a good deal more Mr. WARNER. I move to lay that mo- Kennedy. . . . As you know, we have made a time talking about this as we have tion on the table. top priority of finding efficiencies and sav- more time after the vote. There are a The motion to lay on the table was ings within the Defense Department to en- number of others who wish to speak as agreed to. able us to improve our tooth-to-tail ratio. well, and I will say I will object to any The PRESIDING OFFICER. The Sen- . . . The draft Kennedy amendment would in- certain time before noon tomorrow for ator from Virginia. crease Department cost by requiring public- private competitions for new functions and a vote on the Kennedy amendment. Mr. WARNER. Mr. President, is it for previously contracted work already sub- I yield the floor. clear that the matter has been recon- jected to competition. It would also ad- VOTE ON AMENDMENT NO. 3969 sidered and laid on the table? versely impact mission effectiveness by de- The PRESIDING OFFICER. All time The PRESIDING OFFICER. It has laying contract awards for needed services. has now been yielded back. been so ordered.

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.046 pfrm17 PsN: S24PT1 S5936 CONGRESSIONAL RECORD — SENATE June 24, 2002 Mr. WARNER. I thank the Chair. Mr. WARNER. Mr. President, with my own alternative that implements The PRESIDING OFFICER. The Sen- all due respect to my good friend and the recent recommendations of the ator from New Mexico is recognized. valued member of the Armed Services GAO Commercial Activities Panel to Mr. DOMENICI. Mr. President, I just Committee, Senator KENNEDY, his fix the A–76 process. I hope that will came down and voted, and I am not amendment, in my judgment, would do not be necessary because we should go aware of the parliamentary situation. very serious damage to the Department through a series of hearings by the ap- But I wonder if it would be appropriate of Defense, particularly to the ability propriate oversight committees. to get 5 minutes on a very urgent sub- of the Department to contract quickly I believe Senator THOMAS, likewise, ject. for essential services—the operative has several other alternatives, and Mr. REID. Will the Senator yield? word being quickly. What now takes there may be other Members with Mr. DOMENICI. Surely. the Department weeks to contract for amendments on our side. I hope we can Mr. REID. We see a number of people would take up to years if this amend- find a way at this point in time to re- on the floor. We see the Senator from ment is adopted. As DOD wages a glob- spectfully decline to accept the amend- Kansas is here, the Senator from New al war against terrorism, I and many ment of the Senator from Massachu- Mexico, the Senator from Arizona. And others find it very hard to believe that setts. I know the two managers have some the Senate would even consider approv- The amendment before us would arbi- work to do on the bill. I am wondering ing such legislation. trarily require the government to com- how long the Senator from Kansas I understand the frustrations with pete with the private sector, under the wishes to speak. the current A–76 process, which gov- time consuming and expensive A–76 Mr. BROWNBACK. About 5 minutes. erns public-private competition of ex- process, for the performance of com- Mr. REID. Is that on the pending isting Federal work. That is why 2 mercial services—regardless of whether amendment or some unrelated matter? years ago, as part of the fiscal year 2001 there are any Federal workers to per- Mr. BROWNBACK. On the pending Defense Authorization Act the Con- form the work. In so doing, this amend- amendment. gress established the Commercial Ac- ment would cripple government per- Mr. REID. On the pending amend- tivities Panel, under the auspices of formance, undermine competition, ex- ment. the GAO, to review and recommend acerbate the federal human capital Mr. WARNER. And Senator DOMENICI ways to fix the A–76 process. This panel problem, and devastate small busi- wants to speak. recently issued its recommendations. nesses. This amendment overturns over Mr. REID. Senator DOMENICI wants to Those recommendations should include 50 years of bipartisan policy mandates speak on an unrelated matter. replacing A–76—and the Presiding Offi- that the government should not com- Mr. WARNER. And I believe my col- cer spent a lot of time on this issue and pete with the private sector for ‘‘non- leagues from Wyoming and Arizona was very much involved in the debates inherently governmental’’ functions. want to speak on the pending amend- last year—with a process that relies on Under this amendment, almost every ment. an existing Federal acquisition frame- new contract, contract modification, Mr. DOMENICI. However you would work that emphasizes quality, best task order, renewal, or re-competition like it. You would rather I speak on value, fairness, and transparency. would have to undergo a lengthy pub- the pending amendment? Let’s give this initiative time to lic-private ‘‘competition’’ under the Mr. REID. The Senator from New work. The legislation before us, how- OMB Circular A–76—whether or not the Mexico may speak on whatever he ever, would go directly counter to the government even has the right skills wishes. recommendations of this panel—a and personnel to perform the work. Mr. DOMENICI. I was just kidding. panel comprised of members of the ad- The private sector and many in the Mr. REID. I just want to make sure ministration, industry, labor, and the Federal workforce, believe the process we have a lot of conversation on this Comptroller General of the United is too expensive, too complex, and un- amendment. I am sure we would allow States, who spent almost 2 years ana- fair to all parties. Yet this amendment the Senator from New Mexico to speak lyzing the complexity of this subject. would require a vast increase in A–76. as in morning business. Is that what And now, if we, the Senate, were to DOD estimates this expansion would the Senator wishes to do? adopt this amendment, and indeed it cost over $200 million a year, at a min- Mr. DOMENICI. I ask for 5 minutes— would go to conference and somehow imum. not on this—as in morning business. become law—which I seriously doubt— By mandating A–76 competitions, And I thank the Senator. were we to go on record at this time this amendment would cause long Mr. REID. Mr. President, I ask unan- and adopt this amendment, we would delays in the performance of defense imous consent that the Senator from be sort of ignoring the good work tak- services. Compared to most modern New Mexico be recognized to speak as ing over 2 years by a panel, which was competitive procurements, which are in morning business for 5 minutes, and established by this body. completed in weeks or months, A–76 that following his statement we turn The Senate needs more time to re- competitions take a minimum of 18 to the pending amendment, the Ken- view the issue of public-private sector months and often as long as three nedy amendment, and that Senators competitions, in light of the rec- years or more to complete. Under the then speak to their hearts’ content on ommendations of this panel. We have amendment, DOD would lose its crit- that matter. not yet held hearings on the rec- ical ability to swiftly procure innova- Mr. WARNER. Mr. President, reserv- ommendations which were released tive defense and homeland security ing the right to object, I wonder if I only last month by the Commercial Ac- services and products necessary to pre- might, as a manager, be recognized tivities Panel. The Governmental Af- vail in the war against terrorism. first in the order of those to be recog- fairs Committee and the Armed Serv- The advocates for this legislation say nized following the Senator from New ices Committee should seriously review they have given DOD a waiver from the Mexico. the commission’s recommendations requirements of the bill. With over $60 Mr. REID. That sounds entirely ap- and hear from other parties. Indeed, we billion in services contracts a year propriate. I ask unanimous consent could consider Senator KENNEDY’s leg- there are just too many contracts for that the comanager of the bill, the islation as part of that review, as well DOD to process waivers at the Sec- Senator from Virginia, Mr. WARNER, be as any other legislation that other retary of Defense or Assistant Sec- recognized following the statement by Members of this body may have. To retary level. DOD’s procurement proc- the Senator from New Mexico. consider this issue at this time would ess is already too cumbersome. We do The PRESIDING OFFICER. Without be to preempt the work that should be not need another step in the process. objection, it is so ordered. and will be done by the committee. As the top federal acquisition official, (The remarks of Mr. DOMENICI are At the appropriate time, I regret to Angela Styles recently stated: printed in today’s RECORD under say, I will offer a motion to table the The proposed legislation would put at risk ‘‘Morning Business.’’) amendment of our distinguished Sen- the Federal Government’s ability to acquire The PRESIDING OFFICER. The Sen- ator from Massachusetts, Mr. KEN- needed support services in both the short and ator from Virginia is recognized. NEDY. If that motion fails, I will offer long term.

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.051 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5937 The amendment would undermine of hearings on the topic of public-pri- them to compete in the business proc- the robust competition for government vate competition. I wish to talk briefly ess. It goes against longstanding goals service work that currently exists. The about this legislation and the back- of both Democratic and Republican ad- fact is that almost all of the work that ground of it and why I don’t think it is ministrations. would be affected by this amendment is a good idea to move forward on it at The Kennedy amendment ignores the already routinely competed in a robust this time. progress made under the Clinton ad- and aggressive marketplace. According In 1998, Congress passed the Federal ministration’s policy in its reinventing to the Federal Procurement Data Sys- Activities Inventory Reform Act, the Government initiative of streamlining tem, in FY00 72 percent of all service FAIR Act. I was a strong supporter of the Government procurement process. contract actions—and more than 90 this legislation, and it passed the Sen- The Kennedy amendment also is percent of all information technology ate unanimously in 1998. counter to the efforts by the Bush ad- contract actions—were subject to com- This piece of legislation was a com- ministration aimed at performance- petition. Of the remainder, over 50 per- promise between the private sector and based contracting and increasing Gov- cent involved services—e.g., electricity unions that, for the first time, codified ernment efficiencies. or water—for which there was only one a process to help assure proper imple- The Bush administration opposes available provider. By contrast, less mentation of the 47-year-old Federal this amendment. Secretary Rumsfeld than two percent of all service work policy that states: said: performed by Federal employees is sub- The government should not be involved in The Kennedy amendment would increase ject to the competition of any kind. commercial activities. Department cost by requiring public-private When Federal employees are subjected That was a simple Government pol- competitions for new functions and for pre- viously contracted work already subjected to to competition the savings have—ac- icy for 47 years, and the FACT Act codified and fleshed out that simple market competition. It would also adversely cording to DOD—consistently averaged impact mission effectiveness by delaying 34 percent. statement, a statement with which ev- erybody agreed. contract awards for needed services. The pro- The amendment would devastate posed amendment would increase Depart- small businesses. Small businesses ac- The goal of the FAIR Act was to ment costs and dull our warfighting edge. count for 35 percent of Federal con- eliminate the Government’s direct competition with the private sector— This matter is not a union versus tract dollars. Yet the amendment nonunion or labor-management issue. would exclude most small businesses— again, unanimously passed by this body—while at the same time pro- Several groups have come out already particularly woman-, minority-, and against the Kennedy amendment, in- veteran-owned companies—from par- viding a better utilization of taxpayers’ dollars. The FAIR Act created a more cluding the U.S. Chamber of Com- ticipating in service contracting, be- merce, Laborers’ International Union cause of the added costs and time asso- cost-effective and streamlined Federal Government and people agreed with of North America, International Broth- ciated with the A–76 process, when that. Much of the FAIR Act was pushed erhood of Boilermakers, Iron Ship compared to traditional procurements. forward by the Clinton administration. Builders, Blacksmiths, Forgers and Small businesses just don’t have the The Kennedy amendment applies Helpers. capital to wait several years to begin only to the Department of Defense. It A similar amendment offered by Rep- work. They would, in effect, be ex- directly impacts the FAIR Act. This resentatives ALLEN and ANDREWS was cluded from new Federal contracts amendment would create a two-tier defeated by the House when it was con- under this amendment. contracting system setting up different sidered during its version of the De- In general, the cumulative effect of standards for DOD versus civilian agen- fense authorization bill for 2003. the provisions of the Kennedy amend- cies. That is the first problem. As we face the challenges of home- ment would add significant costs to De- Next, this amendment would revise land security and national defense, partment of Defense operations. These the steps that were made with enact- keeping our borders, economy, and so- costs would result from: (1) The vastly ment of the FAIR Act. That is the next ciety safe and free, we need to create increased use of the burdensome A–76 problem with the amendment. This is a more efficient and effective partner- process for contracting-out or con- policy that was unanimously agreed to ships between the public and private tracting-in decisions; (2) the delay of by this body. The Kennedy amendment, sectors. Now is not the time to restrict up to 3 years in providing essential for the first time, would mandate the the Department of Defense’s competi- operational support services because of Federal Government compete with the tive sourcing policies with this amend- the expanded A–76 requirements; and private sector for work not currently ment. (3) a massive diversion of DOD adminis- being performed by Federal employees. I think this is an ill-advised proce- trative resources from mission critical The Kennedy amendment would in- dure for us to enter into at this time. support to administer a several fold in- crease the size and the cost of the Fed- It goes against the longstanding bipar- crease in burdensome, labor-intensive eral Government. tisan effort to not have the Federal A–76 studies. The amendment would adversely im- Government competing with the pri- I hope my colleagues will reach the pact DOD’s mission, efficiencies, and vate sector. There is no reason for us conclusion that this amendment does effectiveness because all service con- to go into this at this time. It really not succeed in resolving the underlying tracts would be significantly delayed. will be harmful to our overall oper- problem the amendment is trying to If enacted, DOD would lose the flexi- ation. For those reasons, I oppose the address—that is, how to structure pub- bility it needs to purchase innovative Kennedy amendment. lic-private competitions that are fair, solutions to improve our military’s I yield the floor. transparent, and protect the rights of performance and national security. The PRESIDING OFFICER (Mr. CAR- Federal workers while ensuring that This amendment would increase the PER). The Senator from Kansas yields DOD receives quality solutions at the cost to the Department of Defense by the floor. best value to the taxpayer to meet its over $200 million, not an insignificant The Senator from Wyoming. missions and responsibilities in our sum at a time when we are looking at Mr. LEVIN. Will the Senator yield? fight against global terrorism. deficit spending and trying to figure Mr. THOMAS. Certainly. I urge my colleagues to defeat this out ways to curtail deficit spending Mr. LEVIN. Mr. President, if I may amendment. and get back into surpluses. have a colloquy with Senator WARNER The PRESIDING OFFICER. The Sen- Furthermore, this amendment would for a moment. ator from Kansas is recognized. complicate DOD’s procurement proc- Mr. President, I wonder if Senator Mr. BROWNBACK. Mr. President, I ess, cost the taxpayers more money, WARNER and I can agree on the fol- rise to speak on the Kennedy amend- and increase dramatically the number lowing order: That after Senator THOM- ment to the DOD authorization bill. of DOD employees. This is not nec- AS has finished, then Senator KYL be When I first came into the Senate, I essarily the direction in which most recognized perhaps at about 7 o’clock, chaired a subcommittee within the people desire to go. and after Senator KYL has finished, we Governmental Affairs Committee that The amendment would hurt small go into a period for morning business dealt with this issue. We held a number businesses by making it harder for with Senators to be recognized for not

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.004 pfrm17 PsN: S24PT1 S5938 CONGRESSIONAL RECORD — SENATE June 24, 2002 more than 10 minutes each; that as that—and to use the competition Time is important in the defense in- soon as Senator KYL is recognized, that among the private sector to get the dustry. We are in a time when we need will be it for the day. We will do our most efficient task done for us that we to make changes quickly. cleared amendments in the morning possibly can. Because contractors must commit rather than trying to do them tonight. Of course, as has been mentioned, more resources to pursue public-pri- We will try to proceed in the morning this has been the policy of the Federal vate competitions due to longer lead after we have had an opportunity to re- Government for a very long time. times and more involved process, there view the amendment that Senator Frankly, it has not worked very well. would be fewer competitors on such WARNER has shared with me now rel- We have not been able to find a way to competitions, thus limiting DOD’s ac- ative to missile defense. identify those issues, those activities cess. So it would result in the opposite Mr. WARNER. Mr. President, I am that are nongovernmental, or at least of what we say we have been for, for a basically in concurrence, and then we not inherently governmental, that very long time, and that is more will be clear on the understanding that could be contracted out. We have not insourcing. at the conclusion of the debate by gone through the system. So we fi- The amendment would foster those Senators designated, we will con- nally, in 1998, passed another bill that insourcing, which would exacerbate the clude all work on the authorization bill provided for the identification of var- Federal human capital crises. We talk and go into morning business, subject, ious activities. Unfortunately, there a lot about the military and what we of course, to whatever the leaders wish was not much done with it. The admin- are going to do and how we fulfill the to take place. istrations were not very interested in numbers that are necessary. Here is an I have provided the distinguished doing that. opportunity to make that even more chairman with the proposal on missile As has been mentioned, we now have difficult and require that we do that. defense that I have. It is my hope we some principles that have been put in DOD does not have idle capacity can debate that tomorrow, establish a place that will provide for a more effi- available to compete for either new time agreement giving all a reasonable cient way of moving toward the con- work or work currently being per- amount of time for debate, spend some cept with which I think most of us formed by contractors. If DOD were to time in the morning, some time in the would agree, and that is we ought to do win new work or already contracted afternoon, and have a vote tomorrow in the private sector, in the competi- work, hiring would have to increase afternoon, so we can then move into tive sector, all those activities that are significantly at a time when we are al- Wednesday in the expectation we can appropriate. If that is our view, then ready faced with difficulties. conclude this bill on Wednesday. this amendment is inconsistent with The Government personnel system is Mr. LEVIN. It is surely our hope we that view and, indeed, makes it much not nimble enough to hire or move conclude the bill as early as possible more difficult for us to accomplish large numbers of personnel on short this week, but I will reserve judgment that. notice. This is the assessment of the on the amendment relative to missile For example, these are some of the Department of Defense of themselves. defense that Senator WARNER shared things that were set forth by the De- Having DOD personnel perform new with me until after we have had a fense Department that they believe are work or work previously contracted chance to read it and study it. difficult and that should cause us not out is not the best use of limited de- I thank Senator WARNER always for to pass this amendment that is before fense resources. Further, they say it his courtesy. He is wonderful to work us. First, it would have more require- preempts congressional intent. Well, with. We will try to get back with him ments. The amendment would signifi- we are the ones, of course, who ought either tonight by phone or first thing cantly increase the numbers of public- to know that. in the morning relative to a possible private competition by requiring each It has been indicated that this is sup- procedure tomorrow. competition for new work and work al- ported by the U.S. Chamber of Com- As he stated, after Senator THOMAS ready under contract without any ben- merce. But here is one that is kind of and Senator KYL have completed their efit to the taxpayer or war fight. Pri- interesting. It is also supported by a remarks tonight relative to the Ken- vate sector competition already pro- letter from the Laborers International nedy amendment—I ask unanimous vides savings and efficiencies in the Union of North America. This is a consent that after these two Senators work that is covered by this amend- labor union that is opposed to this have finished their remarks relative to ment. Certainly, costs ought to be amendment and has two pages of mate- the Kennedy amendment, there be a pe- something that we are always aware of, rials as to why they are opposed. riod for morning business, with Sen- but as we get into this business of ter- Then, of course, I suppose not unex- ators permitted to speak for up to 10 rorism and all this spending that we pectedly, there is a letter from the minutes each. must have, then increased costs seem Contract Services Association of Amer- The PRESIDING OFFICER. Without to me to be even more important. ica. These are the people who are in- objection, it is so ordered. The amendment would increase costs volved. These are the people whom we The PRESIDING OFFICER. The Sen- to the Department. This is information have been seeking to give more oppor- ator from Wyoming, Mr. THOMAS, is brought forth by the Defense Depart- tunities, to make this work, than they recognized. ment. It would increase costs to the have had in the past. Mr. THOMAS. I thank the Chair, and Department by over $200 million a It is interesting how no more real at- I thank the floor managers of the bill year. Cost for additional competitions tention has been paid to this than the for arranging this time and setting it is likely to exceed $100 million or $4,000 number of people and organizations up for this evening. per position. By requiring 10-percent that have come out in opposition to Mr. President, I wish to comment a cost savings, with no limitation, DOD the amendment. This says: Attention, little more on this bill. It is one that I will not be able to take advantage of Members of the U.S. Senate—and it believe is very important. It is very im- savings greater than $10 million but lists national security officials and ex- portant because it changes what we less than 10 percent. Added costs would perts, about 15 of them: Secretary of have done in the past. It changes the likely exceed $100 million a year in ad- Defense Donald Rumsfeld, OMB Direc- concepts and the principles that we dition to what is already there. tor Mitchell Daniels, the Under Sec- have had for a very long time. Less efficiency: The amendment retary of Defense, a number of admi- I suppose there are always different would adversely impact mission effec- rals, a whole list of people who say this ideas about where we ought to be going tiveness and efficiencies. Awarding is not a good thing for us to do; orga- in Government. I am one who believes contracts for services will be signifi- nized labor, the Laborers International that those activities that are not in- cantly delayed under the contract. The Union of North America, AFL–CIO; herently governmental certainly ought average time to conduct a public-pri- Seafarers International Union, AFL– to be available for the private sector vate competition is 25 months, whereas CIO; Industrial Technical Professional and that, indeed, we ought to try to the average time to award a competi- Employees Union, International Union contain the size of the public sector—I tive contract with private firms is less of Operating Engineers, International think all of us would say we want to do than half of that. Brotherhood of Boilermakers, Iron

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.055 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5939 Ship Builders, Blacksmiths, Forgers, Two years ago, the Congress called The PRESIDING OFFICER. Without and Helpers, and others, as well as upon the General Accounting Office to objection, it is so ordered. small minority- and women-owned evaluate the A–76 process because of Mr. REID. We talk a lot about the businesses. It is quite a large list. concerns about its effectiveness. A national defense of this country, and So it is interesting, and I think very GAO panel unanimously agreed to 10 rightfully so. There is something hap- important, to recognize the number of principles. In particular, the panel pening today in America that neces- groups that have indeed expressed their agreed unanimously that public-pri- sitates our attention. It deals also with opposition to the amendment we are vate competition should not be man- the national security; that is, what are seeking to deal with now. dated, particularly for already con- we going to do about passenger rail This time, of course, will be very im- tracted or new work. However, that is service in this country? That is part of portant. We have some others who exactly what the Kennedy amendment the security of this country. We are want to speak who will be coming out proposes. The amendment goes against dismal failures if we let this country a little later to speak, as well as to- the recommendations of the GAO have no passenger rail service. If there morrow. Again, there are many reasons panel. In fact, Senator KENNEDY’s were ever an opportunity to talk about that have been set forth as to why the amendment would derail the GAO pan- how it is important we have a good Kennedy amendment should be el’s recommendations and therefore passenger rail service, it is now, during stopped. The amendment would arbi- would cause us a great deal of slowness this time of terrorism. trarily require the Federal Government and indeed potentially losing the idea What has happened since September to compete with the private sector for of the reconsideration and the chang- 11? Passengers have boarded the Am- performance of noninherently govern- ing of A–76. trak trains 47 percent more than they ment services, whether or not there is The goals of the FAIR Act were very did before September 11. Why? Because an incumbent Federal workforce per- clear. They were to create more cost they feel more secure in a train than in a plane. forming the act. It is totally beyond efficiency and streamline the Federal Government, to eliminate the Govern- Every place in the world where they what we sought to do unanimously in have train service it is subsidized by the Senate, and we are very interested ment’s direct competition with the pri- vate sector. This amendment would in the Government. It is interesting to in seeking to keep that from hap- note when Amtrak came into being in pening. fact do very serious damage to the FAIR Act. The amendment, for the 1970 it was done so because the private Over 50 years of bipartisan policy has sector could not make any money haul- mandated the Government should not first time, would mandate the Federal Government compete with the private ing people. compete with the private sector for I come from Las Vegas, NV—the sector. The Kennedy amendment would noninherently governmental functions. tourist destination, some say, of the drastically grow Government workers. Nevertheless, this amendment would world. Las Vegas is separated by 250 require every new contract modifica- Page 12 of the amendment allows for miles from Los Angeles. The two air- tion, task order, or renewal undergo a unrestricted growth. I can hardly un- ports—Los Angeles International and lengthy public-private competition derstand why anyone would offer such McCarran Field, Las Vegas—have more under OMB Circular A–76, whether or an amendment in this wartime situa- people coming into them than any air- not the Government even has the req- tion where the numbers are very dif- port in the country—more than O’Hare. uisite skills or the personnel required ficult in the military. We are the sixth busiest airport as far Furthermore, as we have mentioned, to perform the work. as takeoffs and landings in America. As Today, less than 2 percent of all Gov- the amendment would increase costs to far as people coming into the airport ernment services contracted are con- the Department by over $200 million, each day, the only airport with more ducted under A–76 because only that which would complicate the process. So people is Los Angeles International. small portion of Government has been it is basically a step backwards in The airports in Las Vegas and Los involved in the incumbent Federal terms of what we have been seeking to Angeles are jammed. The freeway be- workforce. So this changes things dra- accomplish over a period of time. I tween Los Angeles and Las Vegas is matically and not for the better. The think the goals that have been out jammed, I–15. We need a passenger rail amendment would cripple Government there have been shared by both Demo- service. performance. The amendment would crat and Republican administrations. What are we talking about doing? undermine robust competition for op- The movement was forward in the last Going out of business, instead of in- portunities that already exist. So there administration, slowed at the end, but creasing travel between Los Angeles are a lot of things that are involved. now we have more movement in this and Las Vegas, the two busiest air- One of them has been that the A–76 administration than in the past to ports. Rather than relieve congestion, process has been one that has needed move toward private-sector activities. we are talking about going out of busi- help, and continues to. The administration is opposed to this ness. That is disgraceful. For those who do not know, the Of- amendment, and a similar amendment Mrs. BOXER. Will the Senator yield fice of Management and Budget’s Cir- was offered in the House of Representa- for a question? cular A–76 is the Government’s policy tives and was defeated in the same au- Mr. REID. I am happy to yield to the that is used to determine who can best thorization bill. Senator. I hope we can take a long look at Mrs. BOXER. I am very pleased my provide products and services it needs. what this means in terms of the prin- friend has raised this issue of Amtrak The circular defines Federal policy for ciples we have established in the past rail passenger service in this country, a determining whether commercial ac- and are seeking to continue to estab- system owned by the American people. tivity should be outsourced to commer- lish. I am glad to see one of our leaders on cial sources or kept within the Federal I yield the floor. this issue on the floor, Senator CAR- Government. The PRESIDING OFFICER (Ms. PER. He and Senator BIDEN have been OMB Circular A–76 was first issued in STABENOW). The Senator from Nevada. extraordinary on this issue. 1966 and has been revised numerous Mr. REID. Madam President, this is a I am here to join because a lot of peo- times since. The A–76 process is very very important bill, the Defense au- ple think it is just a Northeast issue. If formal and intricate, often a lengthy thorization. you look at California—and we are process for conducting public-private I ask if there is an order in effect as highly impacted—in the year 2001 we competitions. In order to win an A–76 to how debate will be handled for the had 8 million passenger trips in Cali- competition, an outside proposal must rest of the evening. fornia related to Amtrak. be at least 10 percent less than the The PRESIDING OFFICER. Senator My friend is right on the issue of na- Government proposal. The average A– KYL is to be recognized, and following tional security. But it is not only na- 76 study requires approximately 30 his speech there will be a period of tional security, which is huge; it is also months to be completed. For years, in- morning business. economic security for our people. dividuals within the Government and Mr. REID. Senator KYL is not here, Mr. REID. And I respond to my the private sector have criticized the so I ask unanimous consent to speak friend, economic security is national A–76 process. on the bill. security.

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.062 pfrm17 PsN: S24PT1 S5940 CONGRESSIONAL RECORD — SENATE June 24, 2002 Mrs. BOXER. Absolutely. Right now, the taxpayers helped to provide that is The PRESIDING OFFICER. Without I am very concerned about a good for our country. Amtrak is good objection, it is so ordered. doubledipper recession. I am very con- for our country. f cerned we may have real problems in How can we have a country, which we AMTRAK this country with unemployment. We all love so much, the only superpower see what is happening in the last 17 left in the world, and not have a pas- Mr. CARPER. Madam President, I do months since this administration took senger rail service? We should be em- not believe any of the Senators who are over, and what is happening to the barrassed about the passenger rail on the floor at this time were serving crime rate. It is going up. One of the service we have today. It is pretty bad. in the House or the Senate when Am- reasons it is going up, experts say, is But we love it. We want to make it bet- trak was created. It was created in 1970 that the economy is bad. We know we ter. and it was created after an extended are not spending money to put cops on I say to the administration, if they debate which found none of the private the beat. That hurts. are listening: Fine, if you want to bail railroads in this country wanted to We have a quality-of-life situation us out with a few million dollars to continue to provide passenger rail serv- and it is spiraling out of control. keep us going, that is fine, but that ice. They wanted out of the business I say to my friend, on all fronts, this will not do the trick. We need a long- and they got out. They convinced the is a national security issue, whether or term plan for Amtrak, a plan that Congress and then the President, Rich- not we say we want to have a rail sys- spends money in improving the tracks. ard Nixon, that they should be able to tem as does every other great nation in I am in favor of high-speed rail be- buy stock in this entity called Amtrak, the world. We are playing around with tween California and Nevada, between they should turn over a lot of their this issue and it has to stop. It is bad Los Angeles and Las Vegas. It would rolling stock—their locomotives and management on the part of this admin- increase productivity, it would allevi- their passenger cars or dining cars, the istration to be taking us to the 11th ate the burden at our airports and on whole Northeast corridor from Wash- hour on this deal. We could have thou- our highways, and make a more pro- ington to Boston, repair shops, train sands of people unemployed, thousands ductive society. stations—to this new entity, Amtrak, of people stranded, who cannot get to I appreciate the statements of the to see if they could make it go as a work, shutting down a system that Senator from California. I see my quasi-governmental entity whereas for could be a backup to our air system, friend from Delaware in the Chamber. years the private sector had not been especially at a time of terrorist He has been a leader in this field. able to make a go of it. I appreciate their interest and sup- Lo and behold, 32 years later Amtrak threats. port for this program that people are My question to my friend is this: Is it has not been able to figure out how to trying to let die. I feel so bad about true this Congress voted to give $15 bil- make money, how to make a profit that. lion to the airlines, $5 billion of that in doing what the private railroads could Mrs. BOXER. I say to my friend and a direct check, and then loan guaran- not make a profit doing in the 1970s or my colleagues who may be listening, 1960s or the years before that; that is, tees for the rest because we believe it during wartime I remember a bumper carrying people. is very important to our economy, to sticker that said ‘‘Imagine Peace.’’ It Last Thursday here on the floor I our national security, to keep travel was a pretty simple thing, but you talked a bit about all those other coun- going? Is it not ironic that when the really have to think what something tries around the world that offer ter- people’s own train system needs $200 could be. rific passenger train service, whether it million to keep it going, we cannot get We could really imagine this country is Britain or France or Spain or Italy, a direct answer from this administra- connected by a rail system that serves Scandinavia or Germany—or over the tion, and they are taking it to this 11th all our people. What an improvement other side of the world, Asian countries hour? in the quality of life; what an improve- such as Japan, where people can go in Mr. REID. I respond to the distin- ment in the economy; what an im- trains that run at 200 miles an hour guished Senator from California, the provement in air quality; what a better and can actually write on the trains neighbor of the State of Nevada, yes, way for us to go when we are com- and people can read your writing— we did give money to the airlines. I am peting for economic dollars. This is an something no one is able to do with glad we did. We provided money to help efficiency plan. mine when I ride the rails with Am- them stay in business. We still have a So whether it is the economy or na- trak. They can put a cup of coffee on large pot of money to which airlines tional security, we do need some bold the table and the coffee is still like it can apply. leadership. I am glad my friend raised would be on this table before me. I say to my friend from California, this issue. We certainly have it from The reason why they have such good we help airlines every day, airports my friend from Delaware. I am glad he train service in those countries is be- every day. Highways are Federal con- is on the floor tonight. I am going to cause they make it a national priority. struction. Ninety percent of the con- do everything I can. Our State of Cali- They believe it is in their national in- struction that takes place in Nevada fornia puts a lot of money into our rail terest to have good passenger rail serv- and California is Federal money; 8 mil- system. We step to the plate and match ice. lion passenger rides in California last these dollars. We don’t want to see Am- Some of those countries are more year with Amtrak. If the system were trak go away. It would be a disaster for densely populated than our own, but as better, it would be triple. There could many areas of my great State. time goes by we are becoming more be 24 million passengers in that largest I thank my friend for yielding. densely populated, too. I said last week State in the Union. Mr. REID. Madam President, not- that some 75 percent of Americans We have such an antiquated system withstanding the order that is now in today live within 50 miles of one of our in most places we cannot run high- effect that Senator KYL would be rec- coasts. As time goes by, we are going speed rail. I do not apologize for my ognized and we would then go into a to become more densely populated. support for Amtrak. Nevada does not period of morning business, I ask unan- Those dense populations provide for a get a lot of benefit. I hope we get more imous consent the Senator from Dela- number of problems: congestion on our in the year to come. If it closes down, ware be allowed to speak on the De- highways, congestion in our airports, we certainly will not. fense bill which is now before us. the fouling of our air. As we all climb I have heard people ask: What benefit The PRESIDING OFFICER. Is there into our cars, trucks, and vans to go do I get out of Amtrak? The State of objection? from one place to the other and then California and the State of Nevada Mr. THOMAS. I object to that. fill them up with gas, we import a lot have the Hoover Dam which was built The PRESIDING OFFICER. Objec- of the oil we refine into gasoline and in the 1930s with Federal dollars. Those tion is heard. we end up with a huge trade deficit, Federal dollars do not help much of the Mr. REID. Madam President, I ask about a third of which is attributable rest of the country. They help Cali- unanimous consent the Senator from to imported oil. fornia, Arizona, and Nevada prin- Delaware be recognized to speak as in Part of the reason so many of those cipally. But it is a great program that morning business. other countries put so much of their

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.064 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5941 money, so much of their resources into this, that carries us to the next fiscal using Amtrak or Amtrak-related facili- their passenger rail system is not be- year. We need to determine as a coun- ties that move in and out of Penn Sta- cause of nostalgia. They do not pine for try, with a healthy debate with the ad- tion and the New York metropolitan the days when people rode the trains ministration fully engaged, what we region. There are 82,000 daily com- from coast to coast. They do it because are going to do for passenger rail serv- muters in New Jersey traffic. it is in their naked self-interest to have ice in America. What will taxpayers These folks are involved in the finan- good passenger rail service. support? What will Congress and the cial affairs of this Nation. We are going It is in our naked self-interest to administration support? That debate is to create havoc in operations in our have good passenger rail service as one in which I look forward to partici- metropolitan regions of New York City well. As a former Governor, I served on pating. if we have a shutdown of this highway the Amtrak Board appointed by the I think passenger rail going forward transportation. I think it is absolutely President, confirmed by the Senate, will depend, in no small part, on our essential that we get long-term Am- and I served there as a member of the willingness, and that of the adminis- trak reform. board of directors for 4 years. There tration, to find a dedicated source of What I want to speak about tonight were a number of times during the capital funding. Since Amtrak’s cre- is that we need not create a crisis with time I served on the board—and a num- ation 32 years ago, there has never a short-term shutdown, which is going ber of times since—that Amtrak has been adequate capital support for the to impact an enormous number of inno- run short of cash. They negotiated with railroad. There has never been capital cent bystanders, to get to long-term re- a consortium of private lenders and got support. form. The President, the Transpor- enough money to carry them through We all know that railroading is cap- tation Department, and the Congress their tough patch and when the next ital intensive. There needs to be a dedi- need to sit down and put together a Federal appropriation comes through cated source of capital funding. My col- long-term plan with regard to how we or the ridership peaks in one of the leagues will hear me say that more in are going to reform Amtrak. I don’t think it should be done at the peak ridership periods for the summer the months to come. In my judgment, expense of a part of our country that is or Thanksgiving or Christmas or the that is the key. If we support passenger already suffering. It would spread other holidays, they pay off the loans. rail service, we have to provide the across the country and undermine the Amtrak is endeavoring to arrange a capital to support it. confidence of our already shaken eco- bridge loan from a consortium of pri- I thank the Chair. I yield the floor. nomic expansion. We have seen enor- vate banks to carry them through to The PRESIDING OFFICER. The Sen- mous erosion in a whole series of dif- the end of this fiscal year. Their ability ator from Arizona is recognized. ferent levels—the stock market being to negotiate that loan fell apart with Mr. KYL. Thank you, Madam Presi- the most obvious reminder, but at lev- the announcement of the administra- dent. tion’s restructuring plan for Amtrak, If the Senator from New Jersey wish- els that are approaching where we were which is not so much a restructuring es to speak for any period of time, I right after September 11. It strikes me plan for Amtrak but it is, frankly, the will go ahead and take my right. But if that we don’t need to throw another end, the demise of Amtrak as we know he wants only to ask for a unanimous log on the fire and undermine the eco- it. consent, I would be happy to provide nomic security of our Nation. That is why I think we need to have With that having been done and the that opportunity. a short-term solution with loan guar- inability to negotiate with the private Mr. CORZINE. May I ask the Senator antees, with the administration and lending consortium, I think in large from Arizona how long he intends to Congress working together to imple- part because of the announcement of speak? ment a solution to keep this railroad the restructuring plan for Amtrak by Mr. KYL. I intend to take about 20 or running. We don’t need a train ride. the administration, the administration 25 minutes. What we need to do is make sure we has some responsibility to step to the Mr. CORZINE. If the Senator from are supportive of our economy. plate and to provide—as they can under Arizona would consider it, I would talk I am very fearful that if we don’t law; they have the discretion under the no more than 5 minutes, and probably move forward with this short-run solu- law—a loan guarantee so Amtrak can a few minutes less. tion, we may never get to the long-run go ahead with this negotiation with Mr. KYL. Madam President, in ac- reform of Amtrak, which will be dete- the private bankers. They ought to do commodation of my colleague from riorating substantially in the interim that. New Jersey, if he will keep his remarks while it is shut down. When we get past this very difficult to 4 minutes, shall we say, I would be Let me give you two facts. It costs time—and I want to tell you if Amtrak happy to provide him the opportunity, $50 million to shut this entity down does shut down, it is not because every- and then I will begin after he is fin- and $200 million to keep it running for body rides Amtrak but because Amtrak ished speaking. the remainder of the year. It would is very involved in commuter oper- The PRESIDING OFFICER. Without cost almost $1 billion to bring Amtrak ations. Amtrak runs the entire North- objection, it is so ordered. back and operating if it were shut east corridor. Electricity is sold to the The Senator from New Jersey is rec- down. That is on a nationwide basis. commuter trains. The commuter trains ognized for 4 minutes. I think that is too much of an invest- use Penn Station. Amtrak is involved Mr. CORZINE. Madam President, my ment to make in a risky proposition of in the Midwest—we have a colleague colleague from Arizona is very kind to getting to reform without the kind of here from Chicago—in helping run the offer this opportunity. debate we have had. I hope we can do commuter operations there, and Cali- f that on a thoughtful, measured basis in fornia. It is not just the Northeast cor- AMTRAK the days and weeks ahead in this 107th ridor. It is throughout the country. A Congress. I don’t think it should be for- shutdown, especially a hasty shutdown, Mr. CORZINE. Madam President, I mulated on the basis of a crisis brought will create havoc, not necessarily be- rise to reinforce some of the dialog we about by a temporary shutdown. cause of the people who run Amtrak have had on the floor with regard to I want to make sure that I am reg- trains but all the people who depend on Amtrak. This is a major economic istered very strongly for the people of Amtrak and maybe don’t know it. issue for our Nation—not just the New Jersey, for the people of the met- They depend on Amtrak to get to work Northeast corridor. ropolitan New York region, and for the every day and to get home. We have enormous numbers of inter- Nation in support of our economy by Let me close with this thought, if I connected elements of our economy making sure that Amtrak continues to could. When we get through this dif- which are dependent on the functioning run until we have a thoughtful, long- ficult time—and we need to, and I hope of inner-city rail transportation, and term solution. the administration steps up to the certainly in the Northeast corridor I thank my colleague from Arizona. I plate and says we have some responsi- where I come from, the most densely appreciate it. I hope I stayed under 4 bility and acts to discharge those re- populated State in the Nation. There minutes. I will come back on another sponsibilities—when we get through are almost 300,000 commuters a day day.

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.067 pfrm17 PsN: S24PT1 S5942 CONGRESSIONAL RECORD — SENATE June 24, 2002 The PRESIDING OFFICER. Under erate its effort to build a defense Of course, China continues to add to the previous order, the Senator from against such weapons. But the bill be- its arsenal of short-range missiles Arizona is recognized. fore us today would seriously hamper which already number in the several f our ability to do exactly that. This is hundreds and are deployed opposite not something that the American peo- Taiwan. MISSILE DEFENSE ple will stand for. According to the intelligence com- Mr. KYL. Madam President, by way This is why I believe that tomorrow munity—and I am quoting now— of introduction, my remarks will pri- it is incumbent upon the Members of China’s leaders calculate that convention- marily be in support of an amendment this body to listen to their constitu- ally armed ballistic missiles add a potent that will be offered by the distin- ents, to listen to the President of the new dimension to Chinese military capabili- guished ranking member of the Armed United States, to look at the events ties, and they are committed to continue Services Committee, the Senator from around the world, and to reconnect our fielding them at a rapid pace. Beijing’s grow- ing short-range ballistic missile force pro- Virginia, tomorrow to restore missile policy here in the Senate to the reali- defense funding that was cut in the vides China with a military capability that ties of the world around us. avoids the political and practical constraints Armed Services Committee. This bill makes very deep and dam- I wanted to note that this afternoon associated with the use of nuclear-armed aging cuts to the President’s proposed missiles. The latest Chinese short-range bal- the President advised both Senator budget for missile defense. Unless rem- listic missiles provide a survivable and effec- MCCAIN and I that he would be trav- edied, those cuts will seriously limit tive conventional strike force and expand eling to our home State of Arizona to- our ability to end our current—and let conventional ballistic missile coverage. morrow—specifically to the town of me say our unacceptable— Even the terrorists are getting into Show Low which is under threat of this vulnerabilities to ballistic missile at- the act. According to a variety of news raging wildfire we have all seen and tack. sources, some of which have quoted read about—and he graciously offered As I noted, the threat from ballistic U.S. and Israeli officials, Iran and to allow us to accompany him on that missiles continues to grow. Syria have supplied Lebanon’s trip. But, obviously, the importance of In addition to the two examples I Hezbollah terrorist organization with this Defense authorization bill—spe- mentioned, consider this: Today, there Fajr-5 missiles, which, at 40 to 50 miles, cifically, the votes we will have tomor- are nearly three dozen countries that can reach deeper into Israel than any row, including an effort to restore either have or are developing ballistic rockets Hezbollah has fired so far. One funding for the missile defense portion missiles of increasing range and sophis- press account stated further that of the bill—requires that we remain. tication. That includes Iran’s fellow Hezbollah is assembling chemical war- I am going to speak to the issue that ‘‘axis of evil’’ partners—or members, I heads for these missiles. will involve his visit to Arizona tomor- should say—Iraq and North Korea, as These developments, among others, row, why these raging wildfires don’t well as the terrorist regimes of Syria led to the following conclusions in the need to continue to devastate our and Libya. December 2001 National Intelligence country, what we can do about it, and Let us take a look at some of these Estimate: what we need to do about it as a coun- developments, which, unless indicated One, short- and medium-range bal- try at the conclusion of my remarks on otherwise, are taken straight from the listic missiles, particularly if armed the Defense bill. I will address my com- December 2001 National Intelligence with weapons of mass destruction, al- ments first to this bill which is before ready pose a significant threat over- the Senate, and which we will be con- Estimate on Foreign Ballistic Missiles. sidering this week. That is the estimate of our intelligence seas to U.S. interests, military forces, It seems to me that there is a strange community about this threat. and allies. disconnect between recent develop- North Korea, despite the moratorium Two, proliferation of ballistic-mis- ments in the world and some of the on flight testing that it is supposedly sile-related technologies, materials, contents of the bill that we are consid- adhering to, continues its development and expertise—especially by Russian, ering. of long-range missiles. According to Chinese, and North Korean entities— For example, in early May, Iran— press accounts and administration offi- has enabled emerging missile states to newly dubbed by the State Department cials, North Korea has recently con- accelerate development timelines for as the No. 1 terrorist nation in the ducted rocket motor tests of these mis- their missile programs. world—conducted a successful test of siles. In other words, this is making the its 800-plus-mile-range Shahab III mis- In fact, North Korea’s Taepo Dong 2 point that instead of having to always sile. There are some reports that Iran missile, which is capable of reaching indigenously develop a missile capa- is now set to begin domestic produc- the United States with a nuclear-weap- bility, a country can now buy these lit- tion of the Shahab III which will be on-sized payload, may now be ready for erally readymade missiles from coun- able to reach Israel, as well as U.S. flight testing. tries such as China, North Korea, and troops deployed in the Middle East and As to Iraq, despite U.N. sanctions, Russia. South Asia. Baghdad has been able to maintain the Three, most intelligence community On May 7, the Associated Press, cit- infrastructure and expertise necessary agencies project that, before 2015, the ing an administration official, reported to develop longer range missiles. United States most likely will face that Iran is continuing the develop- Its Al-Samoud missile, with a 60 to ICBM threats from North Korea and ment of a longer range missile, the 90-mile range, probably will be de- Iran, and possibly from Iraq, as well as Shahab IV, with an estimated range of ployed soon. from the existing ICBM forces of China 1,200 to 1,800 miles. The Shahab IV will And Iraq retains a covert force of and, of course, Russia. be able to reach deep into Europe. scud-variant missiles, launchers, and Four, the probability that a missile That means that the fanatical conventional, chemical, and biological with a weapon of mass destruction will mullahs in Tehran will be able to put a warheads. be used against U.S. forces or interests multitude of U.S. allies and our troops Not to forget about China, the intel- is higher today than during most of the within striking distance of their mis- ligence community assesses that it cold war, and will continue to grow as siles and weapons of mass destruction. could begin deploying its 5,000-mile- the capabilities of potential adver- We have also just witnessed one of range DF–31 missile during the first saries mature. the scariest standoffs in recent decades half of this decade. That means essen- After September 11, we dare not will- with India and Pakistan angrily point- tially any time now. China’s even fully remain vulnerable to these ing their nuclear-tipped missiles at longer range mobile missile, the DF–41, threats. But that is essentially the im- each other. could be deployed in the latter half of pact of the partisan cuts that were These developments represent a dra- the decade. made to this bill when it was before the matic increase in the worldwide mis- China also maintains a robust force Armed Services Committee. sile threat. of medium-range CSS–5 missiles which Of course, there are those who sug- You might think that the United can reach our troops in Japan and gest that the September 11 attacks States would therefore want to accel- Korea. demonstrated that the major threat to

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.070 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5943 this country comes from relatively also reduce the incentives for prolifera- boost phase, as the offending missile is low-tech attacks: suitcase bombs and tion by devaluing offensive missiles. If going up, which can try to attack it in the like. But what September 11 really a rogue actor views missiles as likely midcourse, and, as a last resort, as it is demonstrated is that our enemies have to be effective because of our lack of barreling down on us at something like the will and the ruthlessness to exploit defenses, they will be developed. If, on 17,000 miles an hour. our weaknesses in any way they can. In the other hand, we have defenses, then But if you only rely on that last sys- other words, if we are weak in a given they will obviously be less inclined to tem, you are not going to get multiple area, that will be an area attempted to spend as much time or money trying to shots. You are going to get one shot. be exploited. Therefore, if we have no acquire it. And it may not always do the trick. In missile defense, is there any question Finally, and perhaps most important that case, you have lost. that a potential adversary would see of all, in the worst case scenario, we Third, the ability to deploy defenses the ability to strike us with ballistic will save American lives with missile rapidly in the event of an emergency is missiles as a potential area for their defense. one of the critical components of the policy? So we should not be fooled by the President’s plan. To accommodate The new types of threats we face fact that the bill still authorizes sev- these goals and others, the administra- from terrorists and the rogue regimes eral billion dollars for something tion reformed the Missile Defense that support them cannot be dealt with called missile defense. Make no mis- Agency and gave it wide latitude to solely through traditional deterrence. take that the cuts in this bill are very pursue innovative approaches rather President Bush was right when he re- carefully designed to gut the adminis- than the former approach which was to cently remarked at West Point: tration’s plans to protect the American have a long-term project of design and Deterrence—the promise of massive retal- people from missiles. research and then development and iation against nations—means nothing If one had wanted to leave intact a then deployment. against shadowy terrorist networks with no program that looked very much like The problem is that the bill on the nation or citizens to defend. missile defense, but very surgically floor today takes dead aim at each of In addition, I make this point. I do gutted the key components of it, one these worthy efforts. The system’s in- not think the majority of the Iranian could not have done better than the tegration and command and control ac- or Iraqi people or Syrian people detest language and the money that comes counts, the brains of the whole system, the United States or wish to attack us out of the Armed Services Committee if you will, are reduced in funding by with nuclear weapons. bill. two-thirds. That is gutting the pro- If tyrants like Saddam Hussein, who Allow me to describe some of the fea- gram. To cut the funding by two- dictatorially rule some of those coun- tures of the President’s new approach. thirds, literally, imagine the human tries, were to use a weapon of mass de- We are very much aware that the body. It looks just like it did after the struction against our ally Israel, or President has decided that we need to operation except for one thing: You even against U.S. troops abroad, I am transform our military. And the Presi- have taken out the brain. It is not not sure the President of the United dent has proposed an aggressive over- going to work very well. That is the States, in those circumstances, would haul of not only the missile defense first damage that was done to the want to retaliate with a nuclear weap- program but other programs from the President’s program as a result of on in the middle of Baghdad, let’s say, previous administration. Armed Services Committee action. or some other Iraqi city. Let me describe some of the features Programs to intercept missiles in the Clearly, we would rain massive retal- of this transformational approach: boost phase, particularly those employ- iation upon Saddam Hussein, but we First, a single, integrated architecture ing new basing modes and technologies, would have to think very carefully to command and control all of the var- are virtually wiped out. Funding for 10 about a nuclear deterrent in a situa- ious components of a missile defense THAAD test missiles, which would be tion such as that. system. What this does is to move us deployed in an emergency, is elimi- So traditional deterrence may or from the old concept of several un- nated, and the Missile Defense Agency may not be an appropriate response to linked systems to one overarching sys- staff is cut by two-thirds. Essentially a terrorist attack. The bottom line is, tem composed of several integrated what the bill leaves us is the old piece- we are not always dealing with ration- components or elements, as they are meal approach, with many of the most al actors. To depend on nuclear deter- now called. This system removes the promising technologies starved of fund- rence alone with a dictator like Sad- need for each element to do everything ing and a variety of impediments cre- dam Hussein, who, remember, used and, instead, distributes the basic ated to early deployment of the Presi- chemical weapons against his own peo- tasks—such as launch detection, track- dent’s proposed system. ple, or a terrorist like Osama bin ing, and battle management—across It is quite interesting that just as Laden would be to place American the entire system. these cuts were being made, cuts that lives in the hands of madmen. That, So instead of having three or four will wreck the Bush administration’s itself, is mad when we have the ability specific components that do every- approach to protecting the American to defend against such an attack. thing, you have several ways of attack- people from missiles, the ABM Treaty That alternative, of course, is to de- ing the problem, all linked together; lapsed into history on June 13. The bill velop and deploy missile defenses. They therefore, they are much more effec- is an attempt to revive the spirit of will add to our options in terms of a tive in their overall ability to detect, that treaty by those who have never crisis. Defenses against missiles will track, and destroy an enemy missile. accepted President Bush’s decision to help the United States avoid being fro- Secondly, multilayered defenses ca- opt out of it. If this is the case, they zen into inaction by the threat of a pable of intercepting missiles in all are in dwindling company. missile attack. phases of flight, including the boost, A year ago, the anti-missile defense, This is the threat of blackmail: A midcourse, and terminal phases is an pro-ABM Treaty crowd created much country that acquires a nuclear weap- element of the President’s trans- hubbub over how any decision to re- on and the ballistic missile capability formation plan. The obvious benefits of nounce the ABM Treaty would sup- to deliver it will be in a much stronger this feature is that it will give us sev- posedly alienate our allies, cause a position to dictate what it wants eral shots, if necessary, to knock down major rift with Russia, and spark an around the world—or to prevent the a missile after it has been launched. arms race. It was going to be a dis- United States from acting—than one The point is, we do not have very aster. Well, as it turns out, none of that does not. It reduces our options much time, when a missile has been those dire predictions came true. Let’s significantly. launched against us, to make a deci- have a look. Just imagine the impact on our deci- sion to launch a counterattack. By the Have we alienated our allies? As of sion to go to war against Saddam Hus- time we do that, the missile could well last count, 12 of our 19 NATO allies sein in 1991 had he been able to threat- be coming down on top of us. We need have contributed troops to our cam- en the United States or our allies with the ability to have multilayered de- paign in Afghanistan, 7 countries have nuclear missiles. Missile defense will fenses which can be effective in the sent their troops into combat alongside

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.073 pfrm17 PsN: S24PT1 S5944 CONGRESSIONAL RECORD — SENATE June 24, 2002 our own, and dozens of countries are liest possible date. Indeed, this body imposed discipline on the aggressive expan- contributing to our war on terrorism. overwhelmingly voted to make such a sionism of the Soviets and made for a kind of Did it cause a rift with Russia? No. plan U.S. policy in the 1999 Missile De- stability. There were, in fact, well-under- Russia has just entered into a new fense Act. stood limits on the extent to which either side would directly challenge the other’s in- partnership with NATO, and President We have to fund the plan, and we terests. The exceptions—like the Cuban Mis- Bush just signed a communique with can’t allow those who oppose missile sile Crisis of 1962—only proved the rule. President Putin of Russia in May, com- defense to go in and surgically remove The nuclear deterrent did not prevent all mitting both sides to cooperation on a the key components of the President’s war; the conflicts in South East Asia show host of issues, including, of all things, program in order to effectively defeat that. But the West’s possession of a credible missile defense. missile defense while at the same time nuclear deterrent prevented nuclear war. It How about a new arms race? No, arguing that they have left the pro- also prevented conventional war in the Alli- again. President Bush also signed a gram intact. It does no good to spend ance’s most vulnerable sector—Europe. The treaty with Russia under which both $5 or $6 billion on a program without a calculation behind the deterrent was not sides intend to reduce strategic nuclear completely fail-safe. But the rules were brain, on a program that can’t commu- clear, the psychology understood and each warheads to between 1,700 and 2,200. So nicate among its independent parts, side’s sticking points known. the doomsayers were wrong. It is true and on a program that does not begin One cannot say the same with India and that Russia and many European coun- the transformational policy the Presi- Pakistan. The conflicting claims on Kashmir tries might have preferred that Presi- dent has outlined. are compounded by lack of experience in cop- dent Bush not renounce the ABM Trea- I am hopeful that when we vote on ing with the temptations offered by their ty, but it seems these countries were the amendment of the Senator from own nuclear capabilities. President Clinton’s not quite as wedded to this outmoded Virginia tomorrow, which restores the attempt four years ago to persuade the hos- document as some of its Americans funding that was proposed by the tile neighbors to relinquish their nuclear supporters. President, the Senate will overwhelm- status was doomed to failure. The task of The ABM Treaty, as the cold war President Bush and his envoys now is both ingly stand with the President and more complex and more realistic: to remind that gave birth to it, is gone. Russia with the American people, with com- New Delhi and Islamabad that war, even a and the United States, despite a num- mon sense, to be able to defend the victorious conventional war, would in the ber of disagreements and interests that American people against ballistic mis- long run damage their nations’ interests don’t always intersect, have moved be- sile attack. The issue is literally that more than a messy and unsatisfactory peace. yond enmity toward a new, more coop- stark. The dangers of a nuclear escalation only erative relationship, and at the same If we support the committee action, make that more true. time we have entered into a new area while people can claim that they still But this crisis also holds wider lessons for in international relations in which the support missile defense, the reality us. The proliferation of weapons of mass de- threats to this Nation are increasingly will be that that program cannot go struction has fundamentally changed the complex and difficult to predict. world in which we and our children will live. forward because it has effectively been India’s and Pakistan’s nuclear arsenals have So the President expended a great denuded by the cuts that have been given them the power to inflict huge destruc- deal of energy and capital in working made. We have to support the amend- tion. But neither is a rogue state. India is a with our allies and Russia to terminate ment of the Senator from Virginia. democracy. Pakistan is not, but it has a the cold war and its documentation in I wanted to talk about that tonight ruler who has demonstrated his willingness the form of the ABM Treaty, to enter because I am not sure that tomorrow I to side with democracies against terror. into new agreements with Russia, to will be able to engage in the debate Both are basically friendly to the West. demonstrate we are friends, not en- prior to the vote. As I said, it is a vote Proliferation of WMD offers far more men- emies. In order to be able to pivot and which we must be here to cast, not- acing risks when those weapons are in the address the new threats that face us, hands of the West’s sworn enemies. We have withstanding a devastating tragedy oc- to assume that if those who hate us are con- the threats from these Third World curring in my home State. fident that they can threaten us or our allies rogue powers, he proposes a national Since I believe it is the desire of the by this means they will do so. The threat missile defense. majority to terminate my remarks on alone could transform the West’s ability to Having gone to all of that trouble— the Defense authorization bill and the intervene in order to protect its interests or and I shouldn’t characterize it as trou- Warner amendment so that we can go to undertake humanitarian missions. In ble so much as devoting a great deal of into morning business for a little bit some cases we must expect the rogue states America’s prestige and commitment to and I can discuss that subject sepa- to try to go beyond mere threat. this effort—we now have opponents in rately, I ask unanimous consent that a It is still true that any such action would the Senate who would go right back to Wall Street Journal editorial of June be irrational. There can be no doubt that re- a missile defense of the kind that sponse to the use of WMD against us would 17, 2002, be printed in the RECORD on be massive—probably nuclear. Yet even this would be authorized by the ABM Trea- the Defense authorization bill. awesome prospect might not deter a fanatic ty, which is to say virtually none at There being no objection, the edi- who cared nothing for his own country or all. That is wrong, very wrong. torial was ordered to be printed in the safety. We already see such a mentality at The traditional cold-war-style deter- RECORD, as follows: work in the suicide bombers. At the rate at rence is not going to deal with the [From the Wall Street Journal, June 17, 2002] which nuclear, chemical and biological weap- threats we face today. It is time for onry and missile technology have been pro- DON’T GO WOBBLY ABM Treaty supporters who have stood liferating we must expect that at some point (By Margaret Thatcher) in the way of missile defense for nearly these weapons will be used. 30 years to recognize this new reality. The crisis in the Indian subcontinent is The is quite simply the greatest challenge currently engaging the diplomatic activity of our times. We must rise to it. This reality was brought home with of all the great powers. Rightly so. The ca- horrible abruptness on September 11. The right strategy has been clearly enun- lamity a nuclear exchange could bring is ciated by President Bush. America must Just imagine if that day were to repeat truly dreadful to contemplate. speedily build a ballistic missile defense sys- itself but this time with a ballistic We can expect that this somber fact alone tem which will afford protection against missile armed with a nuclear or chem- will exercise an effective restraint on both missiles launched from anywhere in the ical or biological warhead. The only re- sides. But we cannot assume that the nu- globe. The president has made progress in sponsible course of action to deal with clear deterrent effect is the same in the Cold winning the argument for this policy. He de- that possibility is to proceed with the War and post-Cold War worlds. This reflec- serves the fullest cooperation from all who tion has implications far beyond the sub- stand to gain from it, including Britain. most robust program of missile defense continent. It goes to the heart of our prior- We also have to isolate rogue states that development we can muster. That is ities since the events of Sept. 11. are seeking to develop (or have developed) what the President proposed. UNTOLD DAMAGE The Pentagon’s approach to missile WMD, and eliminate the threat they pose. During most of my political lifetime the Sometimes this will be possible by a mixture defense is exactly that. It is an aggres- two superpowers, the U.S. and the Soviet of diplomatic sticks and carrots. Iran for ex- sive, forward-looking plan to provide Union, had massive nuclear arsenals, even a ample, was quite rightly classed by the presi- the American people with protection small proportion of which would have in- dent as part of the ‘‘axis of evil.’’ It has a against ballistic missiles at the ear- flicted untold damage. But this knowledge missile program which poses a threat to

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.075 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5945 Israel’s security—a threat that Iran’s sup- The Senate is in morning business. icy of fighting all of the fires, fire regu- port for terrorism against Israel only mag- f larly burned through our beautiful pon- nifies. But this is part of a more complex pic- derosa pine forests. We had, about ture. Iran is a theocracy which is edging to- FOREST FIRES IN ARIZONA ward democracy. At a certain point, the con- Mr. KYL. Madam President, I rise to every 7 years, a small fire that would tinuing growth of civil society in Iran may speak on the crisis pending before the burn the ‘‘fuel’’ on the ground and a require its rehabilitation. whole State of Arizona. few of the smaller trees, but it could North Korea, on the other hand, is beyond Arizona has never had a tragedy like not hurt the great big, beautiful reform. Diplomacy has little value. Indeed, trees—maybe 50, or 60, or 70, or 80 per North Korea has already been appeased too this Rodeo fire. It has now consumed much. It is in the grip of a psychotic Sta- an area 10 times the size of the District acre. Now we have 3,000 trees per acre, linist regime whose rule is sustained by ter- of Columbia. It has burned at least 200 or more, because we have suppressed ror and bankrolled by those who buy its mis- homes, probably more. We can’t go the fires and the grazing has resulted siles. It is one of the few states that could back into areas that have been burned not in more grass growing but all of launch an unprovoked nuclear strike. The re- because it is still too hot. It has de- these seedlings growing. gime must go, and I fear that it may not go stroyed a lot more buildings than that, peacefully. If you look at a lot of these forests in Between Iran on the one hand and North and animals, both domestic and a lot of Arizona today, instead of the big se- Korea on the other, the list of rogue states the animals that populate our beau- quoia trees, which is what the mature will be the subject of continuing revision and tiful forests. ponderosas look like, you see what is People who are not familiar with Ari- debate. And in each case there will be a mix called a ‘‘dog-haired thicket,’’ which is of policies appropriate to achieve our goal of zona might not understand how there removing the threat which these states pose. can be a forest fire in Arizona. But the a forest so thick with stunted, little— That is also true of Iraq. I have detected a world’s largest ponderosa pine forest frankly, ugly—trees and brush that certain amount of wobbling about the need they say a dog cannot even run to remove Saddam Hussein—though not from stretches from the Grand Canyon into New Mexico, across a rather wide through without losing half of his hair. President Bush. It is not surprising, given It is hard to walk through these for- the hostility of many allies to this venture, swath of Arizona at an elevation of that some in Washington may be having sec- about 7,000 feet. It is beautiful country, ests; they are so thick with this ‘‘fuel,’’ ond thoughts. It is, of course, right that with pine trees, aspen, fir, spruce, as the Forest Service people call it. those who have the duty to weigh up the lakes, rivers—not the kind of environ- What happens when there is a light- risks of particular courses of action should ment you would ordinarily associate ning strike or a man-caused fire, as in give their advice—though they would be bet- ter to direct their counsel to the president with Arizona. It is a place to which this case? Instead of burning around not the press. But in any case, as somebody many Arizonans repair during the sum- the ground, licking at the base of these once said, this is no time to go wobbly. mer when it is very warm ‘‘down in the big trees—and they shrug it off—it Saddam must go. His continued survival valley,’’ as we call it. It contains some roars throughout the underbrush and after comprehensively losing the Gulf War of the most interesting and unique climbs up the ladder of the smaller had done untold damage to the West’s stand- trees, up through the higher trees, and ing in a region where the only forgivable sin habitat in the United States—habitat, is weakness. His flouting of the terms on both flora and fauna, which is not pre- finally the superheated structure at which hostilities ceased has made a laugh- served by wildfire but is absolutely and top of the trees explodes into flame, ingstock of the international community. utterly destroyed. and the flames swirl, creating air cur- His appalling mistreatment of his own coun- You might be interested to know rents, and even affecting the weather. trymen continues unabated. It is clear to that an area not far from this—75,000 The fire then races across the top of anyone willing to face reality that the only acres—burned a couple years ago, and the forest, devastating everything in reason Saddam took the risk of refusing to it was the largest black bear habitat in submit his activities to U.N. inspectors was its path. The heat is so intense, the soil that he is exerting every muscle to build the whole United States. When you is sterilized and the waxes from the WMD. We do not know exactly what stage think of Arizona, think of habitat for needles that ordinarily don’t bother that has reached. But to allow this process an enormous variety of animals, in- the forest floor melt and literally cre- to continue because the risks of action to ar- cluding fish and birds, that has now ate a coating on the floor. The rains rest it seem too great would be foolish in the been destroyed by this fire. We have that may someday come—although we extreme. the Apache golden trout, which, at have not had any for a long time—will COERCIVE MEASURES great pains and at great cost, the wash the unprotected soil into the I do not claim to know the precise balance Apache Indian tribe and the U.S. Gov- of coercive measures required now to remove streams, creating huge erosion prob- ernment have tried for years to bring lems, and it will be a hundred years be- Saddam: only those with access to the best back to the area of the White Mountain intelligence can assess that. A major deploy- fore this forest once again looks like it ment of ground forces as well as sustained Apache Indian Reservation and sur- did a week ago. air strikes will probably be required. And it rounding areas. It has been dealt a will be essential that internal groups op- huge setback because of the fire that That is just the impact on the forest posed to Saddam be mobilized and assisted. has gone through the area which this itself. The other fauna—various vari- No one pretends that an equivalent of the Af- trout ordinarily populates. The erosion eties of animals, birds, fish, and in- ghan Northern Alliance is available. But I that will come from the devastation sects—are destroyed. That is not to suspect that once the aura of terror sur- caused by this fire will clog the mention the human tragedy. The elder- rounding the Iraqi regime is dispelled we streams, and it is unlikely, I have ly people who moved to these commu- may be astonished by the number of oppo- nities, because they are retirement and nents who come forward to help finish the heard today, that the Apache trout will job. be able to make a comeback in this recreation communities, don’t want to Finally, a warning: We should not try now area. leave their homes. A family I heard to predetermine the final outcome for a post- I am sure there are many other spe- about saw the pictures and saw that Saddam Iraq. One of the errors in 1991 was an cies—the gosant, just to mention one— their outbuildings had been burned, exaggerated fear of the possible breakup of that will be devastated as a result of and they had no idea whether their own Iraq if the measures required to topple Sad- this fire. dam were taken. The Kirds and Shiites have home was still standing. The town of Yet it is interesting that some of the Show Low, with 30,000-plus people, was since endured years of murderous repression radical environmentalists in our coun- as a result. In great strategic questions it is evacuated. Every one of the citizens possible to be too clever. We need to con- try are the very ones who are respon- was forced to leave town. The fire is centrate on what we can achieve with the in- sible for preventing the kind of man- within the town limits, and it has been struments at hand, and then press ahead agement of our forests that might have there for basically a day now, as the boldly with the task before us. That will be prevented this devastation. Their view firemen from our State and from other quite taxing enough. is that man should not touch the for- places in the country are battling to Mr. KYL. Madam President, that ter- est. As one of them was reported as keep it from totally destroying that minates my remarks on the bill. May I saying today: If the price for that is a town. inquire of the Chair, is it correct that 500,000-acre fire with an entire town at the conclusion of my remarks the like Show Low, AZ, devastated, then so Almost as bad, immediately to the Chair was prepared to put the Senate be it; that is the way it should be. That south of town there is basically a clear into a period of morning business? is a misreading of history and science. path of forest, tinderbox dry, all the The PRESIDING OFFICER. The Sen- A century ago, before we overgrazed way to New Mexico that would lit- ator is correct. the area, and before we employed a pol- erally devastate the entire Apache-

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.017 pfrm17 PsN: S24PT1 S5946 CONGRESSIONAL RECORD — SENATE June 24, 2002 Sitgreaves Forest, which I consider to ber operation left standing in this that provides this management on a be some of the most beautiful country country—and there is none in Arizona large-scale basis. The General Account- in the world. Our own summer cabin is to speak of anymore—but they are so ing Office said 3 years ago that we have in those mountains. I know the area. I afraid somebody might make a little to treat 35 million acres in a 15- to 20- have hiked it. I love it. bit of money cutting timber commer- year period or these forests will be lost It is a tragedy of unspeakable propor- cially that they will do anything to forever through disease and burning. tion that we have allowed a condition prevent anybody from getting into the Now it is down to about 30 million be- to endure that created this much dev- forest to cut trees; thus, our roadless cause about 4 million of those have astation. To give you an idea of the policy, and thus, 5,000 appeals to Forest burned. But we still have a job and less magnitude, a person not from Arizona Service actions seeking to go into our time within which to do it. We need to was asked to describe it, or try to char- forests and provide this kind of man- devote the resources that are nec- acterize it, provide an objective de- agement. Between 40 and 50 percent of essary, and that will mean spending scription. He thought for a long time the Forest Service budget is devoted to some money. and finally said: dealing with these legal challenges. Third, we will have to change some of I have seen one thing worse, Mount St. Think about that for a moment. Talk the laws to provide for more expedited Helens. about a litigious society. Between 40 procedures to get these plans approved Now, could this have been prevented? and 50 percent of the Forest Service and to make it more difficult for frivo- The answer is, probably so—at least to budget is devoted to these administra- lous objections to prevail or to slow up the order of magnitude of this devasta- tive and legal challenges to moving the process. If these plans are done in tion. We have known for a long time forward with this management. Part of accordance with commonly accepted that it is possible to manage our for- the fault is Congress. We have written good management practices, then the ests by going into these densely popu- laws that are so open-ended and un- burden should be on those opposing the lated forests, mechanically thinning clear that it is very easy for radical en- sale to prove why the sale should not them—that is to say, removing all the vironmentalists to find something go forward. little trees I spoke of in the brush, the wrong and challenge one of these pro- When I use the term ‘‘sale,’’ I want to downed trees, and so on, mechanically posed management programs. be very specific. We do not have enough moving most of it; and then during Oc- Bureaucrats make mistakes. It is al- money in this country to treat these tober and November, when it is cool ways easy to stop a project. It is very forests without commercial enterprise. and wet, you burn what is left during a difficult to move these projects for- I have gotten a little bit of money each prescribed burn, which is very safe, so ward, as a result of which a lot of For- year to support Northern Arizona Uni- that the following spring grasses crop est Service people have essentially versity and the research people in Den- up. And what we have found by re- given up. I have asked them and they ver who hire AmeriCorps volunteers search done out of the Northern Ari- and grad students at the university to zona University—primarily by Wally say: Why should we propose any more? go out during the summer and do some Covington and his group—is that the We will get stopped, and we don’t have number of species of butterflies and enough personnel to fight this in court of the work by hand. They can treat a birds and animals of all kinds, by or- or in the administrative process. few hundred acres doing that, but they ders of magnitude, return to the area There is plenty of blame to go cannot do a large area treatment that and the protein content of the grass is around. We tried to get more funding the GAO said is necessary. That is why great. The antelope, deer, and elk want in the Congress, and, frankly, my col- we are going to need commercial enter- to get there to graze. Also, the pitch leagues have not been all that sup- prises to clear the forest of the debris, content of the trees is improved so the portive. We tried to get support from the fuel about which we are talking. bark beetles cannot get in and cause this administration and the past ad- Somebody might make a little bit of the trees to die. It looks so much bet- ministration. Again, we could have had money doing that, but it is not going ter. Instead of this tangled mass of lit- a whole lot more help than we have re- to be by taking out the big trees that tle trees and brush, which I talked ceived. all of us want to preserve. It will be by about before, you have beautiful, big To its credit, this administration having enough wood for fiber board, trees that, as I say, look like the se- only had one budget, and I am hopeful plywood, and a few poles for cabinet quoias in California, and which are that as a result of this—the Secretary construction, for example. There may much healthier as a result of the fact of the Interior I know is strongly com- be a little bit of lumber but not very that they are not competing with so mitted to this kind of management, as much. many little trees for the nutrients in is the head of the Forest Service. I am Those are the actions we are going to the water and the soil. hopeful that as unfortunate as the have to undertake in the next few days It can be done by thinning and tak- Rodeo fire is—and, by the way, the to begin to deal with this situation. ing out that dead brush and then, in Chediski fire—might stimulate both The one way we can begin to repair appropriate cases, doing a prescribed the administration and my colleagues what has occurred and to keep faith burn as well. After that, nature can in the Congress to support more mean- with the people who have lost their take its course. When you have a light- ingful management practices. homes and their livelihood, their live- ning strike 5, 6, 7 years later, what hap- I spoke with friends on the other side stock, and, frankly, the people of this pens? It burns along the ground. It will of the aisle who are anxious to help in great Nation who have now lost a tre- burn the grass and some of the stumps this regard because all the Western mendous resource of almost half a mil- that are left, but it will not crown to States have the same environment. lion acres in Arizona, one way we can the top of these trees, creating the dev- The ponderosa forest is a little dif- help to make this right is to see it does astating fires we have seen. ferent than other forests. They have not happen again. We can do that by Why haven’t we been able to do that? their own nuances but generally the implementing sound management that I am sorry to say it is a combination of concept is pretty much the same. begins to restore our forests to the way a lot of factors, but most of it goes We need to do three things. We need God created them and the way they back to one central problem: There are to, first, provide whatever supple- can be preserved if we will but treat radical environmentalists who don’t mental funding is necessary to deal them as we would treat anything that agree with this. Most mainstream envi- with the crisis that is here today. The belongs to us in our own yard or in our ronmentalists understand that this so- Forest Service long ago spent all the own garden. called ecological restoration is exactly money we gave it to fight fires. We are We would never hope to have a suc- what our forests need, and they are just entering the fire season. We have cessful garden without ever weeding it, willing to support it. Yes, there are to replenish those accounts and get and there has been a parallel made of quibbles about, do you cut 16-inch or more money into the Departments of our forests to our gardens. To keep it 24-inch diameter trees, but the concept Agriculture and Interior. healthy, one has to weed it every now is agreed to. Second, we have to in next year’s and then. That is not unnatural. In Some of the radicals are so afraid budget provide adequate funding for fact, it is a very natural way of dealing that there will be any commercial tim- the implementation of a forest plan with our forests.

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.079 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5947 Madam President, I join all who have plan to return forests to their ‘‘natural’’ American decision about the mainte- expressed sympathies and best wishes state. The Clintonites cut back timber har- nance of our forests. for the people who have suffered as a vesting by 80% and used laws and lawsuits to I believe we have made decisions in a result of this fire. I appreciate all the put swathes of land off-limits to commercial haphazard way because of litigation use. and certain people in our country who comments that have been made to me, We now see the results. Millions of acres expressions of concern and support. I are choked with dead wood, infected trees think they know best about forest am absolutely delighted President and underbrush. Many areas have more than management. These same people have Bush is going to be flying to Arizona 400 tons of dry fuel per acre—10 times man- prevailed in the courts over our profes- tomorrow to this little town of Show ageable level. This is tinder that turns small sional managers. It leaves us won- Low whose Fourth of July parade I do fires into infernos, outrunning fire control dering tonight how many more hun- not think I have missed now in about and killing every fuzzy endangered animal in dreds of thousands of acres will burn? 15 years. It is a beautiful little town. I sight. In 2000 alone fires destroyed 8.4 million And we don’t know. But what many of acres, the worst fire year since the 1950s. us think is that our forests are not know the people of Show Low and of Some 800 structures were destroyed—many northeast Arizona will appreciate the as a fire swept across Los Alamos, New Mex- being managed and maintained. They President’s visit, and I know it will be ico—and control and recovery costs neared $3 do not have the maximum opportunity on behalf of all of us that he visits billion. The Forest Service’s entire budget is to stand, but rather are likely to burn there and expresses our sympathies and $4.9 billion. down. concerns and hope for the future as a That number, too, is important. Before the Our forests are so clogged with un- result of our ability to join together Clinton Administration limited timber sales, derbrush that you cannot even walk in and engage in sound management prac- U.S. forests helped pay for their own upkeep. some of them—but they sure will burn. Selective logging cleaned up grounds and I submit that we have taken for grant- tice. paid for staff, forestry stations, cleanup and I support what he is doing. I regret I roads. Today, with green groups blocking ed too long that forest management is cannot join him. I know he would ask timber sales at every turn, the GAO says going all right. Now, the courts are de- us to do the work here in response to taxpayers will have to spend $12 billion to termining lawsuits, which, in turn, de- this important Defense authorization cart off dead wood. termine forest management policies. It bill. It’s no accident that two of the main Clin- seems to this Senator that it is all fi- I ask unanimous consent to print in ton culprits—former director of Fish & Wild- nally catching up. the RECORD a Wall Street Journal edi- life Jamie Rappaport Clark and former For- When drought and heat are combined torial of Friday, June 21. est Service boss Michael Dombeck—have with forests clogged with fuel, the in- There being no objection, the edi- both landed at the National Wildlife Federa- cendiary nature is so severe. We sit tion, which broadcasts across its Internet torial was ordered to be printed in the homepage, ‘‘Fires Are Good.’’ here every year wondering what we can RECORD, as follows: Fixing all of this won’t be easy. After 30 do in our committees. We continue to [From The Wall Street Journal, June 21, years of environmental regulation, the For- call the land managers and they tell us 2002] est Service now spends 40% of its time in they are making headway. It is hard to REVIEW AND OUTLOOK ‘‘planning and assessment.’’ Even the small- see sometimes, but pretty soon we THE FIRE THIS TIME est project takes years. Mr. Bosworth has must get this done. identified the problems, but fixing them will In December 1995, a storm hit the Six Riv- I believe this year—even though we require White House leadership and Congres- ers National Forest in northern California, cannot finish it—we ought to start sional cooperation. tossing dead trees across 35,000 acres and cre- with the appropriate committee and One solution would be to follow the lead of ating dangerous fire conditions. For three private timber companies, whose forests get prepared to undertake a major sen- years local U.S. Forest Service officials la- don’t tend to suffer such catastrophic fires. atorial investigation of the forests of bored to clean it up, but they were blocked Their trees are an investment; they can’t af- the United States, including those that by environmental groups and federal policy. ford to let them burn. Americans should feel are part of the Agriculture Department In 1999 the time bomb blew: A fire roared the same way about theirs. over the untreated land and 90,000 more and those that are BLM. We should acres. f make some determinations sooner Bear this anecdote in mind as you watch rather than later, as to whether we MANAGEMENT OF OUR FORESTS the 135,000-acre Hayman fire now roasting have been maintaining the forests in a close to Denver. And bear it in mind the rest Mr. DOMENICI. Madam President, I manner that is most apt to cause them of this summer, in what could be the biggest know a number of Senators who are in to be burned down, and that either is or marshmallow-toasting season in half a cen- the Chamber who could probably speak is not good for our country. tury. Because despite the Sierra Club spin, to this subject better than I. Certainly Some think what I just described is catastrophic fires like the Hayman are not inevitable, or good. They stem from bad for- the Senator from Wyoming and the good. I don’t think it is. But I think we est management—which found a happy home Senator from Colorado know plenty owe it to our people to get the experts in the Clinton Administration. about the subject matter. But I of our country and make a big, major In a briefing to Congress last week, U.S. thought I might give my own assess- American decision: Are we to maintain Forest chief Dale Bosworth finally sorted the ment, very cursory in nature but, our forests so they are filled with un- forest from the tree-huggers. He said that if nonetheless, somewhat relevant. derbrush that will burn down, or are we proper forest-management had been imple- We here in Washington, DC, are only to maintain it another way? Which mented 10 years ago, and if the agency getting to view the State of Arizona, as weren’t in the grip of ‘‘analysis paralysis’’ way are we maintaining it? Is it in an from environmental regulation and lawsuits, it burns, on our television sets. We orderly manner, or is it being deter- the Hayman fire wouldn’t be raging like an have seen, in the last few days, large mined by court cases pushed and pur- inferno. forests in Colorado burn. They are not sued by endangered species laws and Mr. Bosworth also presented Congress with under control yet. We can only imagine others that have caused our forests to a sobering report on our national forests. Of the additional fires that are likely to be so mismanaged that they are just the 192 million acres the Forest Service come in the State of New Mexico. New ready to burn and burn? This isn’t the administraters, 73 million are at risk from Mexico has already had a number this last one today. We are not even in the severe fire. Tens of millions of acres are dying from insects and diseases. Thousands year. We also had a series last year and middle of the summer. Imagine. We see of miles of roads, critical to fighting fires, the year before. forests out there loaded with under- are unusable. Those facts back up a General Senators remember when we came to brush, with the hot, boiling sun, no Accounting Office report, which estimates the floor about Los Alamos, NM. rain or clouds in the sky, but no trees that one in three forest acres is dead or There, the forest burned right around on the ground either. dying. So much for the green mantra of the city of Los Alamos. We lost almost Just in passing, it is amazing be- ‘‘healthy ecosystems.’’ 400 houses. We have not lost that many cause, even when the trees are all How did one of America’s great resources this year, but the way the fire season burned we cannot cut them down. We come to such a pass? Look no further than the greens who trouped into power with the looks, there will be plenty of damage. have to leave them there to rot because last Administration. Senior officials adopted I just want to say to the Senate and there are some who win in the courts of an untested philosophy known as ‘‘eco- to those listening, it is this Senator’s law and say that is a better way to system management,’’ a bourgeois bohemian opinion that we have not made an manage. So there they stand as relics

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.081 pfrm17 PsN: S24PT1 S5948 CONGRESSIONAL RECORD — SENATE June 24, 2002 to a management plan that, to this launch infrastructure and industrial E-MAIL SECURITY Senator, seems to say that our forests base necessary to assure access to Mr. HATCH. Madam President, I rise are not managed, but mismanaged. space. The key to this effort is the today to address the Senate on an in- I yield the floor. maintenance of two financially stable creasingly important topic: the secu- Madam President, I suggest the ab- launch service providers that will keep rity of the Internet, and specifically, sence of a quorum. U.S. launch providers competitive in the security of the e-mail we send The PRESIDING OFFICER. The the global market and provide backup across the Internet. clerk will call the roll. for any technical or operational prob- During my service on the Judiciary The legislative clerk proceeded to lems that may be encountered. Such a Committee I have held and attended a call the roll. program will not fundamentally alter Mr. REID. Madam President, I ask number of hearings on Internet over- the projected cost savings associated sight, and on the development of re- unanimous consent that the order for with the EELV program, a 25–50 per- the quorum call be rescinded. lated legislation. Despite a thinning in cent reduction over today’s systems. the ranks of Internet focused compa- The PRESIDING OFFICER. Without The Air Force is currently negotiating objection, it is so ordered. nies, the Internet of course continues with the two EELV contractors to de- to become a more and more important f velop an appropriate cost and risk part of our economic and personal AMENDMENT NO. 3954 TO S. 2514 sharing strategy for assured success. lives. The amendment calls on the Air Mr. ALLARD. Madam President, on In the wake of the September 11th Force to evaluate all the options for Friday, amendment No. 3954 to S. 2514 and anthrax attacks, much of our at- sustaining the space launch industry was approved by the Senate and I tention has been focused on national base, develop an integrated, long- would like to make a few remarks re- security issues. The interruptions in range, and adequately funded plan for garding this important provision. traditional communications systems I am proud to have sponsored this assuring U.S. access to space, and for like the phone and traditional mail amendment with my good friend from the Air Force to submit a report to systems underscore the wisdom of the Congress at the earliest possible time. Florida, Senator NELSON. We both have founders of the Internet, which began a strong interest in space, for personal Again, I want to thank Senator NEL- as a Defense Department project to de- and constituent reasons, and believe SON for working with me on this simple velop a communications system that this amendment, while only a Sense of but important sense of the Senate. I would be flexible and decentralized the Senate, is important to show that look forward to working with him on enough to withstand attacks that the Senate is on record supporting as- this and other space issues in the fu- might cripple other systems. Internet sured access to space. ture. technology is continually changing, United States national security and and we need to be aware of its capabili- economic vitality depend on our abil- f ties as well as any signs of vulner- ity to launch a variety of satellites ability that can be exploited by those into earth orbit. Access to and utiliza- MILITARY CHIEF NURSES bent on using Internet access to attack tion of space provides an advantage to the integrity of communications or the United States that must be main- Mr. INOUYE. Madam President, vital data. In particular, since the an- tained. Unfortunately, significant con- today I wish to address a timely and thrax attacks the nation has come to tractions in the commercial space important amendment to increase the rely even more heavily on e-mail. launch marketplace have eroded the grade for the Chief Nurses of the Army, There is no doubt that trust and con- overall viability of the United States the Navy, and the Air Force to that of fidence in e-mail, especially between space launch industrial base and could two stars. The existing law limits the businesses and consumers, is critical to jeopardize the ability of the Depart- position of Chief Nurse of the three the vital role such mail has played dur- ment of Defense to provide assured ac- branches of the military to that of ing recent months in keeping the chan- cess to space in the future. Brigadier General in the Army and Air nels of commerce and communication The Evolved Expendable Launch Ve- Force, and Rear Admiral, lower half, in open despite blows to telephone service hicle, EELV, program is the Air the Navy. and traditional mail. Force’s solution for assured access. Chief Nurses have a tremendous re- Yet, the Internet is vulnerable in its EELV is designed to be more respon- sponsibility, their scope of duties in- own ways. The Internet itself can be sive and affordable than current launch clude peacetime and wartime health used by terrorists as well as by those of vehicles. With EELV, the Air Force has care delivery, plus establishing stand- good intentions. While e-mail cannot adopted a commercial launch services ards and policy for all nursing per- be used by criminals and terrorists to approach. The DOD also shared with sonnel within their respective spread harmful biological or chemical the contractors the investment to de- branches. They are responsible for agents, there are risks in the way most velop next generation launch vehi- thousands of Army, Navy, and Air e-mail is generated and transmitted. cles—the Atlas V and Delta IV. In 1997, Force officer and enlisted nursing per- We have all been familiar with the var- at a time when worldwide projections sonnel in the active, reserve, and guard ious viruses that have been sent via e- envisioned 70 launches per year, the components of the military. The mili- mail and affected many computer sys- Air Force decided to retain both EELV tary medical mission could not be car- tems. Among some of the risks are loss contractors rather than down selecting ried out without nursing personnel. of privacy through unauthorized access to a single provider. The commercial They are crucial to the mission in war to e-mail in transit and through inva- satellite marketplace, it appeared, and peace time, at home and abroad. sions of e-mail host databases. Another would provide adequate sustainment Organizations are best served when technique is ‘‘spoofing,’’ in which mes- for the U.S. space launch industrial the leadership is composed of a mix of sages are sent purporting to be from a base, thereby justifying the large con- specialties, of equal rank, who bring trusted sender in order to deceive the tractor investments in EELV, and pro- their unique perspectives to the table recipient, especially individual con- viding the DOD a more robust assured when policies are established and deci- sumers and other citizens. We are in- access capability for a relatively mod- sions are made. This increased rank creasingly threatened by viruses and est government investment. Since 1997, would guarantee that the nursing per- other malicious code that can be car- however, such launch projections have spective is represented on critical ried on e-mails and unwittingly acti- deteriorated by 65 percent. The 2002 issues that affect the military medical vated by the recipient. projection envisions approximately 25 mission, patient care, and nursing We need to review industry’s ongoing launches per year. practice. I believe it is time to ensure efforts to answer these challenges, and As the EELV program transitions that the military health care system assess what individual consumers and from development to recurring oper- fully recognize and utilize the leader- policy makers can do. Some of these ations, the Air Force is evaluating a ship ability of these outstanding pa- threats are familiar, others are just range of options for sustaining the tient care professionals. emerging. For example, by sending

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.049 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5949 messages with spoofed false send iden- cle, the Army has a 44-percent shortfall There being no objection, the article tities and misleading subject identi- in translators and interpreters in five was ordered to be printed in the fiers, hackers and unethical marketers critical languages, including Arabic, RECORD. can overcome the reluctance of even Korean, Persian-Farsi, Mandarin-Chi- [From the Government Executive Magazine, experienced e-mail recipients to open nese, and Russian; the Department of May 1, 2002] mail from unknown sources. As users State lacks 26 percent of its calculated LOST IN TRANSLATION are hurt or inconvenienced by falsified need in authorized translator and in- (By Katherine McIntire Peters) messages, their trust and confidence in terpreter positions, and the FBI has a When then-CIA field agent Robert Baer the medium is damaged, and the use- 13-percent deficiency in the staffing of served in Tajikistan in the early 1990s, he fulness of e-mail for all legitimate similar positions. saw a golden opportunity to collect informa- senders declines. We addressed some of With such a startling lack of workers tion that might prove vital to U.S. interests. these concerns in the PATRIOT Act with proficient foreign language skills Thousands of refugees were pouring into last year, as we included a number of throughout the Federal Government, Tajikistan from Afghanistan, where civil war reforms to our computer fraud and enacting S. 1799 and S. 1800 is essential was raging. The refugees represented a gold mine of intelligence from a nation at the abuse laws. It will be easier to inves- for our national security. The 107th crossroads of American interests in the re- tigate and prosecute unauthorized ac- Congress must act now to alleviate gion. But Baer, who spoke Arabic and Rus- cess to computer systems and to pre- these grave deficiencies to recruit per- sian, didn’t speak Dari or Pashto, the lan- vent cyberattack with these changes. sonnel possessing vital skills. To do guage predominant among the refugees. So America has deep strategic interests this, we must promote the pursuit of he contacted CIA headquarters and asked the in advancing the Internet, and espe- language skills at all levels of edu- agency to send Dari and Pashto speakers to cially its most frequently used service: cation. debrief the refugees. The CIA couldn’t—there weren’t any, according to Baer. The refugees e-mail. I am hopeful that, and have S. 1799 strengthens national security read about, new technologies and prac- continued to come, and the United States by assisting in the expansion and the missed an opportunity to get a life-saving tices that can help improve sender ac- improvement of primary through grad- glimpse into the brewing threat of radical countability for e-mail, empower re- uate-level foreign language programs. Islam in Afghanistan. cipients to screen e-mail by assuring This bill gives a boost to the foreign Baer related his experiences in See No Evil them of its real sender, and deliver on language programs taught in our Na- (Crown Publishers, 2002), his memoir of a 21- the promise of greater privacy for per- tion’s schools by promoting con- year career in the CIA. During his two dec- sonally identifiable data. centrated and effective language study ades of service, the agency grew increasingly It is important that we continue our reliant on satellite technology and elec- and by providing intensive professional tronic intelligence-gathering at the expense efforts to keep our laws updated with development for teachers. Language new technologies and threats that of maintaining the language skills and re- study from a very early age will open gional expertise of its field officers. When could be posed using such new tech- students’ minds to the opportunities Baer was transferred out of Tajikistan in nologies. We should also take actions and benefits of learning foreign lan- 1992, his replacement spoke neither Tajik nor to motivate industry and the public guages. These benefits, combined with Russian, essentially crippling the agency’s where more needs to be done. Over the an across-the-board strengthening in human intelligence-gathering efforts there, years, the public has come to value e- science and engineering programs, will an assessment confirmed by another U.S. government official who served in Tajikistan mail’s convenience and speed, and to ensure an educated and competitive trust it as an alternative to the tradi- at the time. citizenry while providing a qualified Baer’s experience is hardly unique. Across tional postal envelope. applicant pool for national security po- government, countless opportunities are f sitions. squandered every day for want of personnel PROMOTING FOREIGN LANGUAGE S. 1800 provides incentives for accom- who speak and understand foreign languages. PROFICIENCY IN THE FEDERAL plished university students to enter While Baer was lamenting the CIA’s lack of governmental service. The bill provides people with language skills in Central Asia, WORKFORCE the FBI was sitting on its own gold mine of Mr. AKAKA. Madam President, I rise an enhanced loan repayment program information back in New York—if only the today to urge the passage of two bills for students with degrees in areas of agency had had the eyes and ears to recog- vital to our Nation’s ability to combat critical importance and also provides nize it. Only after terrorists bombed the terrorism, S. 1799, the Homeland Secu- fellowships to graduate students with World Trade Center in February 1993, did agents go back and translate previously rity Education Act, and S. 1800, the expertise in similarly sensitive areas. These incentives will result in the re- taped phone conversations and confiscated Homeland Security Federal Workforce documents, all in Arabic, that offered vital Act. These bills are designed to assist cruitment of the highly-trained, dy- namic young individuals our Nation clues to the bombings. But the FBI missed our nation’s national security agencies those clues because it didn’t have enough in recruiting individuals fluent in cru- needs to assist in the war against ter- translators to get through the material when cial foreign languages and skilled in rorism. it might have been useful in preventing an other areas of critical concern. I fear Our security organizations will ben- attack, instead of understanding the attack that the lack of foreign language- efit tremendously from an influx of after the fact. proficient foreign language speakers. More than 70 federal agencies require em- speaking employees has contributed to ployees with foreign language skills, which one of the worst security lapses in the In addition to increasing the number of security personnel entering the Federal are vital to national defense, law enforce- history of our great Nation. ment and economic security. In March, The information that has surfaced in service with language proficiency, the Susan Westin, managing director of inter- recent weeks about our intelligence legislation encourages current employ- national affairs and trade issues for the Gen- agencies’ inability to articulate a com- ees to improve their language ability eral Accounting Office, told the Senate Gov- plete intelligence picture in the weeks and to hone other skills. We must pro- ernmental Affairs Subcommittee on Inter- and months preceding September 11 un- vide training to improve foreign lan- national Security, Proliferation and Federal derscores the need for language-pro- guage skills of our present Federal Service that shortages of language-qualified personnel have hindered operations in a ficient professionals throughout Fed- workers and invest in the next genera- tion of employees to ensure a dedicated range of areas: eral agencies to decipher and interpret The Army doesn’t have enough linguists to information from foreign sources, as and capable workforce that will con- support its current war plans or meet intel- well as interact with foreign nationals. tribute to our national security. The ligence-gathering requirements. In the article by Katherine McIntire legislation I and the other sponsors Intelligence agencies lack the staff to Peters from the May 1, 2002, Govern- have proposed would accomplish this. translate and interpret thousands of tech- ment Executive Magazine, entitled I urge my colleagues to support S. nical papers that detail foreign research and ‘‘Lost in Translation,’’ she dem- 1799 and S. 1800. development in scientific and technical areas. onstrates explicitly how a critical I ask unanimous consent that the Without more timely translation of Span- shortage of Federal employees with Government Executive Magazine arti- ish conversations, the assistant U.S. attor- foreign language skills is hurting na- cle to which I referred be printed in the ney in Miami in charge of health care fraud tional security. According to the arti- RECORD. investigations soon will have to turn away

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.009 pfrm17 PsN: S24PT1 S5950 CONGRESSIONAL RECORD — SENATE June 24, 2002 cases. The implications are significant: develop connections with informants. How- Last year, 2,083 students graduated from Medicare and Medicaid losses in the region ever, the FBI does not set staffing goals for basic language training in 20 languages. De- top $3 billion. special agents with foreign language skills, pending on the difficulty of the language, The FBI holds thousands of hours of audio- making it impossible to determine short- training lasts from 25 weeks to 63. In 2001, tapes and pages of written material that falls. more than half of DLI students were enrolled never have been reviewed or translated be- In many cases, the problems agencies have in four of the toughest languages for Ameri- cause the agency lacks qualified linguists. with hiring and keeping personnel with lan- cans to learn: Arabic, Chinese-Mandarin, Ko- FBI officials told GAO the situation has hin- guage skills stem from deeper management rean and Persian-Farsi. (Several hundred dered criminal prosecutions and limited the challenges. For example, budget cuts at the more students completed intermediate and agency’s ability to arrest and convict violent State Department throughout the 1990s left advanced training as well.) gang members. the Foreign Service with about 1,000 vacan- Neil Granoien, a former Russian instructor Lack of proficiency in foreign languages cies by the time Secretary of State Colin and former dean of the DLI’s Korean school, among State Department personnel has hin- Powell took office in January 2001. ‘‘These now oversees a special task force to provide dered diplomatic readiness, resulting in inef- are positions that existed that we had no support to Operation Enduring Freedom in fective representation and advocacy of U.S. bodies to fill,’’ says John Naland, president Afghanistan. The DLI recently has added interests abroad, lost exports and foreign in- of the American Foreign Service Associa- new courses in Pashto, Dari and Uzbek, and vestments, and lost opportunities combating tion. ‘‘The people we did have had to be plans to add courses in Basha Indonesian, international terrorism and drug trafficking. rushed to post. In a lot of cases language Urdu and Turkic languages. training had to be shortened or not provided There are considerable challenges in cre- POOR PLANNING at all. That’s a huge problem and a legacy of ating language courses for some of the more It is impossible to know the full extent to the lack of hiring in the 1990s.’’ One of the obscure languages now needed, says which a lack of language expertise hurts first things Powell did was request an in- Granoien. In many cases, instructors must American interests. The Office of Personnel crease in resources, in both staffing and op- first develop grammar where none exists. Management doesn’t maintain comprehen- erating funds, to fill the personnel deficit ‘‘People have been writing Spanish grammar sive records of the number of federal employ- and hire enough extra Foreign Service offi- for a couple hundred years, French even ees with foreign language skills, or the num- cers over the next three years to maintain a longer. If you take a language like Uzbek, ber of positions that require such skills. ‘‘training float’’—a reserve of employees as- there’s much work to be done, or [Pashto], OPM’s records indicate that the government sumed to be in training at any given time. If for example, where there’s very little work employs fewer than 1,000 translators and in- Congress continues to fund the plan, ‘‘We’ll that’s been done, and most of that was done terpreters—a specially designated job series be able to put someone in two years of Ara- in Victoria’s reign.’’ That’s Queen Victoria, in the federal workforce. But tens of thou- bic training or Chinese training and there who ruled Britain from 1837 to 1901, when the sands of additional positions across govern- won’t be a vacancy in Cairo or Beijing while British controlled much of the area that is ment require language skills. they’re in training,’’ Naland says. But even now Afghanistan. In January, GAO reported in ‘‘Foreign if State and other agencies were fully ‘‘We’ve got considerable expertise in the Languages: Human Capital Approach Needed staffed, they wouldn’t necessarily have applied linguistics area so we’re able to [de- to Correct Staffing and Proficiency Short- enough people with the right skills to meet velop the grammar], but it’s not something falls’’ that the lack of competence in foreign their language requirements. Advances in that happens overnight and it’s not some- languages has hindered U.S. commercial in- technology and wider access to foreign lan- thing you pull off a shelf,’’ Granoien says. terests, military operations, diplomacy, law guage publications have tremendously in- Finding enough qualified instructors is an- enforcement, intelligence operations and creased the need for employees who can read other major challenge. ‘‘The faculty we need counter-terrorism efforts (GAO–02–375). To and understand non-English materials. to find are not being produced for us by U.S. assess the situation broadly, GAO auditors Of the four agencies that GAO focused on, colleges and universities,’’ says Clifford. reviewed operations at four agencies where only the FBI has a staffing plan that links Ideally, instructors will be qualified teachers language skills are critical: the State De- its foreign language program to its strategic as well as native speakers able to function partment, the FBI, the Army, and the For- objectives and program goals. GAO found linguistically at a professional level. Typi- eign Commercial Service, which is part of that the FBI plan identified strategies, per- cally, the Defense Language Institute re- the Commerce Department. formance measures, responsible parties and cruits foreign students doing graduate work The Army, State Department and FBI all resources the bureau needs to fill its lan- in the United States in the field of teaching reported significant shortages in translators guage deficit. None of the other agencies had English as a second language, but the insti- and interpreters, positions that tend to re- a comprehensive strategy for resolving tute can’t find instructors for some of the quire the highest levels of skills. The Army shortages. more obscure languages for which the school reported, on average, a 44 percent shortfall NO EASY SOLUTIONS is now recruiting. Granoien recently found in translators and interpreters in five crit- Military deployments in recent years have four Turkmen instructors through a friend ical languages—Arabic, Korean, Mandarin- revealed shortages of personnel skilled in who was traveling in Turkmenistan. The DLI Chinese, Persian-Farsi and Russian. The languages few Defense planners anticipated has found a few other instructors through State Department had a 26 percent shortfall needing. When U.S. troops were deployed to contacts with South Asian relief agencies. in authorized translator and interpreter po- Somalia in 1992, for instance, the Defense De- Once faculty are recruited and trained— sitions, and the FBI had a 13 percent short- partment found itself desperately seeking the DLI has a one-month intensive training fall. (The Foreign Commercial Service does hundreds of Somali interpreters. Many had program for native speakers with little or no not have designated translator and inter- to be recruited from the ranks of new immi- teaching experience—building a curriculum preter positions, but hires locally for those grants found driving taxi cabs in New York and developing testing programs is another jobs.) and Washington. The current deployment to challenge. The language programs are based All four agencies reported shortages in Afghanistan is presenting similar challenges. on real-world instruction, making it difficult other positions requiring language skills: The languages of Afghanistan include to teach languages that are rarely published The Army has about 15,000 positions re- Pashto, Dari, Azgari, Uzbek, Turkmen, in newspapers, magazines and the like. quiring proficiency in 62 languages. Last Berberi, Aimaq and Baluchi—languages few The DLI is accredited, and students com- year the service had 142 unfilled positions for Americans even recognize, let alone speak. pleting the intensive basic program in any cryptologic linguists in Korean and Man- The war on terrorism virtually ensures that language receive 45 semester hours of college darin Chinese, and 108 unfilled positions for U.S. troops will be operating in regions credit. To successfully complete the pro- human intelligence collectors in Arabic, where language skills will be in short supply. gram, students must pass a battery of tests Russian, Spanish, Korean and Mandarin Chi- It’s a problem that’s become familiar to that measure their proficiency in speaking, nese. the faculty at the Defense Language Insti- reading and listening. Proficiency levels The State Department has 2,581 positions tute in Monterey, Calif., the largest lan- range from Level 1 (elementary), in which an requiring some foreign language proficiency guage school in the world and the source of individual can speak well enough to get his spanning 64 languages. State has acknowl- 85 percent of language training for govern- or her basic needs met and demonstrate com- edged its lack of Foreign Service officers ment personnel, primarily Defense. Since the mon courtesy, to Level 5 (functionally na- who meet language requirements, but it fall of the Berlin Wall and the end of the tive), in which an individual has the pro- doesn’t have reliable data to show the extent Cold War, U.S. military language require- ficiency of an articulate, well-educated na- of the problem—two different agency reports ments have expanded dramatically, and the tive speaker. put shortfalls at 50 percent and 16 percent. DLI has responded. Unlike colleges and uni- The institute’s basic training program is The Foreign Commercial Service had sig- versities the DLI produces students with the designed to get students to Level 2 (limited nificant shortfalls, 55 percent overall, in skills the Defense Department and military working ability), in which they can handle staff with the required proficiency in Man- services demand. routine social demands and deal with con- darin-Chinese, Russian, Japanese, Indo- ‘‘We don’t put out a class list and then crete topics in the past, present and future nesian, Korean and Turkish. hope people will enroll,’’ says DLI Chancellor tenses. ‘‘It doesn’t enable them to go on to The FBI had 1,792 special agents with skills Ray Clifford. ‘‘The enrollments take place hypothetical areas or be able to read be- in 40 languages, adding tremendously to the first. As enrollments shift, we adjust our fac- tween the lines,’’ Granoien says. To achieve agency’s ability to interview suspects and ulty and teaching strength.’’ proficiency at Levels 3 and 4, the general and

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.012 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5951 advanced professional levels, students gen- guage teachers and programs. But enthu- Series, the Nebraska Cornhuskers base- erally need practical experience, he says. siasm was short-lived. The 1979 Presidential ball team is on its way to establishing The school also maintains an extensive Commission on Foreign Language and Inter- field program, and develops programs to a tradition of excellence just as strong national Studies found that ‘‘Americans’ in- as their counterparts on the gridiron. meet the specific needs of military personnel competence in foreign languages is nothing in the field. Last year, the DLI provided short of scandalous, and it is becoming While I am certain that my dis- 20,000 hours of instruction in far-flung loca- worse.’’ appointment at the Huskers early exit tions, broadcast from the Monterey campus. In many ways, the problems of federal from the tournament this year is LONG-STANDING PROBLEMS agencies with recruiting and training lan- shared by many of my fellow Nebras- Most of the attention on language skills guage-competent employees reflect the fail- kans, we should remember that this shortfalls has centered on Arabic and lan- ure of our public education system. Accord- team has given us many things of guages used in and around Afghanistan, but ing to data compiled by the Center for Ap- which to be proud. just as worrisome for Defense officials is the plied Linguistics, the vast majority of ele- First, it seems as though the Huskers mentary schools don’t teach foreign lan- shortage of personnel with language and re- have set a record for record setting this gional expertise in Asia. guages, and while 86 percent of high schools In a recent study of the Defense Depart- offer foreign languages, few high schools year. Second baseman Will Bolt set or ment’s preparedness for dealing with emerg- offer instruction in languages beyond Span- tied 7 career school records. Outfielder ing security issues in Asia, researchers at ish or French. According to 1998 survey data Daniel Bruce set a dubious record by DFI International, a Washington research from the Modern Language Association, a being hit by a pitch 26 times this sea- and consulting firm, found that language New York-based professional group, about 8 son and the team set a record with 95 training outside the intelligence field was a percent of college students are enrolled in Husker hitters plunked this season. low priority in the military services, mainly foreign language classes. And as anyone who Catcher Jed Morris set or tied 3 school because of limited resources. Compounding has studied a language in high school or col- the problem is the absence of a Defense lege knows, taking classes does not nec- records and became only the second strategy for identifying critical language re- essarily result in proficiency. Husker to be named the Big 12 Player quirements and providing top-down guidance ‘‘To build the kind of expertise the govern- of the Year. to the services on meeting those needs. In- ment needs in intelligence and defense and Seven players also received recogni- stead, each service independently defines its economics, we have to recognize that lan- tion for their academic accomplish- language requirements and determines its guage learning is long-term, serious, and dif- ments, applying the dedication they policy for rewarding language skills with ficult,’’ David Edwards, executive director learned on the field to the classroom. bonus pay. The payments generally are not for the Joint National Committee for Lan- Record numbers of fans came out to guages, said at a January briefing on lan- high enough to provide troops with sufficient support the Huskers this year and sea- incentive for the difficult task of maintain- guage and national security sponsored by the ing language skills. Also, most services don’t National Foreign Language Center and the son ticket sales soared 400 percent as differentiate between critical languages in National Security Education Program. the new Hawks Field at Haymarket which the services are experiencing short- ‘‘As most other nations of the world al- Park in Lincoln opened. ages, and those more commonly spoken, such ready know, we have to begin the process in However, all of these achievements as Spanish and French. the elementary schools and continue it the would not be possible without team- Only the Army has embraced the concept whole way through graduate school if we’re work. The diverse Husker team, with of training regional specialists. Through its to do it well,’’ Edwards said. players from 15 different states, worked career-track Foreign Area Officer Program, ‘‘We cannot address the government’s lan- officers develop regional expertise and lan- guage needs without addressing the nation’s together to produce an impressive 47–21 guage skills. DFI noted that the Air Force language needs,’’ Edwards added. season. and Navy FAO programs are underdeveloped f These accomplishments give us rea- son to be proud of our Huskers. And and ineffective, which is of particular con- LOCAL LAW ENFORCEMENT ACT cern in Asia, where those services predomi- while the College World Series may not OF 2001 nate. have turned out how we had wished, we In its final report Sept. 30, ‘‘Focusing the Mr. SMITH of Oregon. Madam Presi- can all look forward to next year and Department of Defense on Asia,’’ DFI also dent, I rise today to speak about hate hope the Husker baseball team con- noted that only a small percentage of re- crimes legislation I introduced with gional policy positions at the U.S. Pacific tinues its winning ways.∑ Senator KENNEDY in March of last Command were filled with qualified per- f sonnel. Navy and Air Force regional head- year. The Local Law Enforcement Act quarters offices each have five ‘‘country of 2001 would add new categories to 35TH ANNIVERSARY OF THE desk’’ billets in their policy and planning di- current hate crimes legislation sending METROPOLITAN CHORUS rectorates, but ‘‘only one of the five incum- a signal that violence of any kind is ∑ Mr. ALLEN. Madam President, I bent officers in these billets has any regional unacceptable in our society. want to recognize the Metropolitan experience or expertise.’’ The Marine Corps I would like to describe a terrible Chorus of Arlington County, VA. To- had only a single desk officer for the entire crime that occurred June 11, 2000 in night the Metropolitan Chorus will Asia-Pacific area. ‘‘As security challenges in New York, NY. Four Hasidic Jewish the Asia-Pacific theater rise, so do intel- complete its 35th anniversary season ligence requirements. However, a shortfall of men were stabbed on the Coney Island with a performance at Lubber Run Am- properly trained analysts and Asian linguists boardwalk after a confrontation with a phitheater in Arlington, VA. is creating backlogs in the analysis of gath- group of Latino men. Police said that The 90-voice chorus offers residents ered [intelligence],’’ according to the DFI re- anti-Semitic slurs were used during the the opportunity to perform and hear port. ‘‘China poses a particular problem: Of- attack, and were investigating the in- the great choral works. Concerts fea- ficials at the Joint Intelligence Center Pa- cident as a possible bias crime. ture music of great variety and scope cific noted that, even if they dedicated all of I believe that government’s first duty that spans the period from the Renais- their all-source intelligence analysts to is to defend its citizens, to defend them China, they would still not have enough ana- sance to the 21st century with a strong lysts to handle China intel/analytical re- against the harms that come out of emphasis on American composers. quirements alone.’’ hate. The Local Law Enforcement En- The chorus has performed through- The shortage of language-qualified per- hancement Act of 2001 is now a symbol out the Washington, DC, metropolitan sonnel in government and its harmful effects that can become substance. I believe area, including the Kennedy Center, on national security are not new—nor is con- that by passing this legislation and Constitution Hall, The National Build- cern about language deficits. DLI’s Clifford changing current law, we can change ing Museum, the Smithsonian Institu- says the United States has a long history of hearts and minds as well. ambivalence about the value of foreign lan- tion, and the Rachel M. Schlesinger guages: In 1923, the U.S. Supreme Court had f Concert Hall. In addition to the formal to overturn laws restricting the teaching of ADDITIONAL STATEMENTS concert season, the chorus presents foreign languages in 22 states. In 1940, a na- several informal free concerts each sea- tional report on high schools determined son as a special service to the commu- that ‘‘overly academic’’ programs were caus- IN RECOGNITION OF THE ACHIEVE- nity. The chorus has also performed ing too many students to fail. The report MENTS OF UNL BASEBALL internationally, traveling to Italy; recommended eliminating foreign language ∑ Mr. NELSON of Nebraska. Madam instruction. By the late 1950s, however, con- Sydney; Australia; New Zealand; Aus- cern about being outpaced by the Soviet President, Nebraska is a state that has tria; Finland; Russia and Brazil to Union resulted in the 1958 National Defense long been known for its great college compete. Education Act, which, among other things, football teams. However, with a second I congratulate the Metropolitan Cho- was designed to produce more foreign lan- consecutive trip to the College World rus on its 35th anniversary and wish

VerDate May 23 2002 04:24 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.014 pfrm17 PsN: S24PT1 S5952 CONGRESSIONAL RECORD — SENATE June 24, 2002 them continued success for many more instrumental in getting the Americans he begins his service as President of years.∑ with Disabilities Act signed into law in the Louisiana State Bar Association.∑ f 1990. To ensure its passage, Justin lit- erally visited all fifty states to educate f IN MEMORY OF MASTER SGT. Americans about the barriers people PETER TYCZ with disabilities face every day in their HONORING CARL WICKLUND ∑ Mrs. CLINTON. Madam President, it lives, and he spent countless days on ∑ Mr. BUNNING. Madam President, I is with deep sadness that I stand before Capitol Hill to make the ADA a re- stand among my colleagues today to you today to honor the life and service ality. honor and congratulate Carl Wicklund of Master Sgt. Peter Tycz, who made In 1998, to honor his lifelong public or Kenton County, KY on being named the ultimate sacrifice for his country. I service, President Clinton awarded Jus- the 2002 recipient of the Warren H. want to express my deepest sympathies tin Dart our Nation’s highest civilian Proudfoot Award for Outstanding to his wife and their five children for honor, the Medal of Freedom, and told School Board Member. their heart-wrenching loss. Master Sgt. those who gathered to honor him that The Proudfoot Award is named after Tycz was killed June 12 when his plane Justin had ‘‘literally opened the doors the late Dr. Warren H. Proudfoot, a caught fire and crashed after taking off of opportunities to millions of our citi- longtime member of the Rowan County from an airstrip in Afghanistan. Our zens by securing one of the Nation’s Board of Education and past president entire nation is saddened by this im- landmark civil rights laws.’’ Such tre- of the Kentucky School Board Associa- measurable loss and I rise in recogni- mendous desire to help secure the tion. Created in 1992, the award recog- tion of his profound contribution to rights of others defined the life of Jus- nizes a past or present member of a America. tin Dart. America is a better place be- school board for distinguished leader- A native of Tonawanda, New York, cause of his great work. ship and community service. Master Sgt. Tycz was a Green Beret I know that I speak for all Americans Mr. Wicklund received this year’s and the father of five girls, ages 1 to 9: when I say that we will miss you, Jus- award due primarily to his work in es- Elizabeth, Samantha, Faith, Tiffany tin, but a day will never go by without tablishing a special class in conjunc- and Felicia. He joined the Army out of us seeing the doors you opened for so tion with the Northern Kentucky ∑ high school and was committed to the many with disabilities. Chamber of Commerce to allow stu- fight for freedom wherever it took him. f dents considering a career in manufac- He welcomed the opportunity to defend LARRY FELDMAN, JR. turing a first-hand look at the industry America in Afghanistan. Master Sgt. ∑ by visiting area businesses and observ- Tycz wrote in an email to his mother, Ms. LANDRIEU. Madam President, today I rise to honor and congratulate ing their day-to-day operational proce- Terry Harnden, this past fall, which dures. Mr. Wicklund’s hard work and read: ‘‘[I] will have to make great sac- Mr. Larry Feldman, Jr., who will be sworn in as President of the Louisiana selfless acts deserve our recognition. rifices to make sure our lifestyle is not In order for Kentucky to improve threatened and I’m prepared to do State Bar Association on June 28, 2002. His assumption of the role of President upon itself socially, economically and that.’’ His daughters will grow up technologically, education must be a knowing that their father was a true is the culmination of a lifelong com- mitment to service in the Bar Associa- top priority for kids, parents and board American hero who represents the very members. Only when all three of these best of our great Nation. tion. Larry received his J.D. degree in 1974 from the LSU Paul M. Hebert Law groups are working together can we en- Master Sgt. Tycz’s sacrifice for his sure that our youth are receiving the country reminds us of the enormous Center and was admitted that year to practice in the State of Louisiana. proper educational attention. Carl debt of gratitude we owe all of our men Wicklund has personally gone above and women in uniform—those who risk Since this time he has been actively in- volved in the Bar Association. Larry and beyond the call of duty to create their lives and, in particular, those more and better opportunities for Ken- who have been lost in the defense of has also demonstrated a commitment to excellence in programming on the tucky’s youth. I applaud him for his our country. Their courage and stead- hard work and dedication and con- fast determination keeps America safe Continuing Legal Education Program Committee and served as Chairman of gratulate him on receiving this pres- and our freedom strong. tigious award.∑ We are grateful to Master Sgt. Tycz the Committee from 1986–1987. He was and the many American service men one of the pioneers of the Sandestin f and women like him who are deter- Summer School for Lawyers. He served mined to defend and protect our great on the Board of Governors from 1994– IN MEMORY OF GUNNERY country. In that same email to his 1997. He was Secretary of the Associa- SERGEANT JOHN BASILONE mother, Master Sgt. Tycz wrote, ‘‘Do tion from 1997–1999, a position in which not ever be sad for me because you will he served as Editor of the Louisiana ∑ Mr. SANTORUM. Madam President, defeat my reason for being.’’ I hope State Bar Journal. In 1996, he received today I stand before you to recognize that we will always remember his the LSBA’s President’s Award, which is the outstanding service exemplified by words and that they will bring us all, the highest award given by the Lou- United States Marine Sergeant John most especially his family, comfort isiana State Bar Association to a mem- Basilone. Sergeant Basilone was killed and strength.∑ ber for their service to the organiza- in action fighting at Iwo Jima on Feb- tion. Through all of his effort, Larry f ruary 19, 1942. He remains distin- Feldman has clearly demonstrated his guished as the only enlisted Marine to PASSING OF JUSTIN DART, JR. dedication to the Association. How- receive three of the military’s highest ∑ Mr. MCCAIN. Madam President, our ever, Larry has not only been dedica- honors: The Medal of Honor, the Purple Nation lost a true champion on June tion to the Association, but also to his Heart, and the Navy Cross. 22, when Justin Dart, Jr. passed away family. As the father of three daugh- Sergeant Basilone enlisted in the in his sleep at the age of 71. Afflicted ters, he has shown that giving children Army at eighteen years of age and be- with polio at a young age, Justin Dart a strong sense of self and independence came known as ‘‘Manila John’’ during didn’t let his wheelchair get in the way is a great gift. As a devoted son, he has his service in the Philippine Islands. of fighting for the rights of the dis- displayed that love, warmth, and sup- After receiving an honorable discharge abled for more than five decades. port are excellent gifts to parents as from the Army, young Basilone re- Today, millions of disabled Americans they age. And as a husband, he has turned home. It was not long, however, have more opportunities and better ac- proven that love is best when it is be- before the soldier rejoined the armed cess to public facilities because of the tween equals. Larry is known for his services as a Marine In time for the tireless work and dedication of Justin cooking, his quick wit, and his love of Second World War. He was a member of Dart. a good time. He is much sought after as the First Battalion under the First Ma- From 1988 to 1990, he served as Chair- a lawyer and, more importantly, as a rine Division during the Solomon Is- man of the Congressional Task Force friend. I congratulate Larry for all he land campaign. After a courageous vic- on the Rights and Empowerment of has done, both in and out of the court- tory there, he was awarded the Con- Americans with Disabilities and was room, and wish him the best of luck as gressional Medal of Honor. He humbly

VerDate May 23 2002 04:24 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.001 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5953 received this honor and declined the tribute to the ‘‘New Hampshire Star of TRIBUTE TO CAPTAIN HUMBERT opportunity to remain stateside, re- Life.’’ Rebecca Coltey has been chosen ‘‘ROCKY’’ VERSACE turning instead to the Fifth Division of by her peers as someone deserving of ∑ Mr. SMITH of New Hampshire. the Marines. On the Nineteenth of Feb- the New Hampshire’s Star of Life Madam President, I rise today to honor ruary, 1942, Sergeant John Basilone award. Captain Humbert Roque ‘‘Rocky’’ completed his final mission at Iwo It is the thankless service of emer- Versace, U.S. Army. On Monday, 8 July Jima. gency medical personnel like Rebecca 2002, Captain Rocky Versace will be Born in Buffalo, NY, to Salvatore and that save so many lives in a normal awarded posthumously the Congres- Dora Basilone, John was one of ten day of work. sional Medal of Honor for service in the children. From his early days as a Rebecca Coltey, of Rockingham Re- Viet Nam war. boxer to his final stand as a gunnery gional Ambulance, is recognized by her On 29 October 1963, Captain Versace, sergeant, it was evident that he pos- colleagues for her outstanding work along with First Lieutenant Nicholas sessed a unique spirit of strength, dedi- ethic and professionalism towards ev- Rowe, was captured in South Vietnam. cation, and determination. His heroism eryone. Rebecca’s future looks even Taken prisoner by the Viet Cong, he was recognized nationally with the brighter as she begins planning her demonstrated exceptional leadership, highest military honors, and he post- wedding, set for September. resolute adherence to the Code of Con- humously received the Navy Cross, Rebecca deserves great praise for the duct and unflagging faith in his coun- three bronze stars, a Purple Heart, as work she does. The selfless dedication try. Captain Versace ultimately sac- well as the World War II Victory she gives to her career in serving the rificed his life rather than betray his Medal. As a fellow American sharing needs of others in their most vulner- country and the Viet Cong executed Basilone’s Italian heritage, it is my able time is a great asset to her char- him in September 1965 as he set an ex- honor to celebrate the legacy of a man acter. New Hampshire applauds this ample of an American officer that the so committed to defending the cher- fine individual for a job well done. Viet Cong could not tolerate. Captain ished ideals of this Nation. Commemo- It is an honor and privilege serving Versace died upholding the military ∑ rating our Nation’s heroes and vet- Rebecca in the U.S. Senate. creed of Duty, Honor, Country. I want to recognize Captain Versace erans remains vital to keeping this f country’s tradition of freedom intact.∑ through the words of his fellow captive, Nick Rowe, who escaped from captivity f TRIBUTE TO GEORGE CROMBIE to freedom on 31 December 1968. Nick ∑ IN HONOR OF THE 75TH BIRTHDAY Mr. SMITH of New Hampshire. Rowe remained in the Army, rose to OF KOOL-AID Madam President, I rise today to pay the rank of Colonel, and continued to tribute to Mr. George Crombie, Public ∑ Mr. NELSON of Nebraska. Madam serve in Special Forces until April 1989, Works Director for the City of Nashua. President, few childhood experiences when he was assassinated by the com- span the generation gap as successfully Named one of the Top Ten Public munist New People’s Army in Manila, as Kool-Aid. Many of today’s business Works Leaders of the Year by the Philippine Islands. His captivity mem- leaders started down the road to finan- American Public Works Association, oir, ‘‘Five Years to Freedom’’ was pub- cial success by standing at a folding George has played a prominent role in lished in 1971 and contains this tribute. table in their front yard selling one- the betterment of his community. The tribute follows: cent cups of refreshing Kool-Aid. As Director of Public Works for the NICK ROWE’S TRIBUTE TO ROCKY VERSACE City of Nashua, George manages a full- While the business of Kool-Aid now He stood as others dream to stand; spans front yards around the globe, I service public works division including He spoke as others dared not even think; am pleased to say that the very first engineering, traffic and parking, From soul deep faith, he drew his courage, Kool-Aid entrepreneur was a Nebras- streets, wastewater, solid waste, and his granite spirit, his ironclad will. kan. parks and recreation. His primary The Alien force, applied with hate, Edward Perkins had a curious young focus has been on instituting com- could not break him, failed to bend him; mind and at age 11 he began experi- prehensive public works management Though solitary imprisonment gave him no menting; transforming the back of his systems including the development of a friends, father’s mercantile store in Hendley, senior management team, finance and he drew upon his inner self to create a force NE, into a flavor factory. The early ex- budgeting principles, employee edu- so strong perience he gained would come in cation and safety, time line manage- that those who sought to destroy his will, met an army handy 27 years later in Hastings, NE, ment and capital development. his to command. when Perkins created Kool-Aid. The Many of George’s projects have fo- delicious drink was a hit and quickly Phrases of his I shall not forget, cused on the environment. He recently spoken sincerely, filled with truth: became a household name. led the City through the Multi-Site All I wish is to return to family, home and The story of Kool-Aid is the perfect Landfill Closure and Park Renovation those I love; illustration of the value of persever- Project which provides state-of-the-art For I am young and life is dear, ance. Perkins was dedicated to his closure and post-closure refuse to five but to bargain for this life of mine when the business and worked hard as an inno- former City landfills, as well as con- price you ask vator for many years before finally cre- struction of one of New Hampshire’s requires of me to verify a lie ating the drink that would make him few publicly owned and operated lined and sell my honor short, makes clear the choice between the two; famous, and Hastings, famous. landfills. George is also credited with Hastings celebrates Kool-Aid days a life with honor, a life without; contributing to the APWA Reporter by with the world’s largest Kool-Aid stand With me, you see, life without honor is no writing an article commending the every August. They also show their Ne- life at all, New York City Sanitation Depart- So I will not comply with what you require braskan hospitality by serving Kool- ment’s cleanup of the World Trade Cen- and choose to suffer Aid at rest stops throughout Nebraska. whatever may come. There are currently 22 flavors of Kool- ter. This is my answer at this time, Aid and it is no wonder that the cur- I applaud the dedicated efforts in public service that George Crombie has this is my answer in times to come; rent best seller, Tropical Punch, has a I only pray that I shall not weaken, for I am Husker red color glow to it. demonstrated throughout his distin- guished career. George is a positive ex- right For all these reasons and many more and with God’s help, I will have the strength I am proud that Kool-Aid is the official ample in leadership for all to follow. to resist whatever means you use State soft drink of Nebraska and wish The City of Nashua is privileged to while attempting to fulfill your evil scheme. it a very happy 75th birthday.∑ have such a dedicated public servant Thus his fate was surely sealed, working for the community. I wish him f for such a man, standing firm continued success in the coming years, defeated them on their own ground HONORING REBECCA COLTEY and thank him for his contributions to and for him to live and tell of this ∑ Mr. SMITH of New Hampshire, New Hampshire. It is an honor to rep- was a thing that could not be. Madam President, I rise today to pay resent you in the U.S. Senate.∑ I saw him not the day he died,

VerDate May 23 2002 04:24 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.018 pfrm17 PsN: S24PT1 S5954 CONGRESSIONAL RECORD — SENATE June 24, 2002 for, I imagine, as he lived alone; prestigious award from the American nology and Logistics, transmitting, pursuant so they arranged for him to die alone; Chemical Society. Fisher has influ- to law, a report entitled ‘‘Report on Activi- But in my mind there is no doubt, ties and Programs for Countering Prolifera- enced and shaped every aspect of our ″ as he stood while he was alive, modern life and will continue to pros- tion and NBC Terrorism ; to the Committee Duty bound, Honor bound, Unswerving in al- on Armed Services. legiance, per and serve the people of New Hamp- EC–7537. A communication from the Direc- so he stood the day he died . . . a Rock.— shire with its precise and steady tor of the Office of Management and Budget, JAMES NICHOLAS ROWE, growth. It is an honor and privilege to Executive Office of the President, transmit- ‘‘Five Years to Freedom,’’ pp. 205–206.∑ represent you in the U.S. Senate.∑ ting, pursuant to law, a cumulative report on rescissions and deferrals dated June 1, f f 2002; transmitted jointly, pursuant to the HONORING DENNIS MECHEM HONORING JENNIFER SHEA order of January 30, 1975, as modified by the ∑ Mr. SMITH of New Hampshire. order of April 11, 1986; to the Committees on ∑ Mr. SMITH of New Hampshire. Appropriations; the Budget; and Foreign Re- Madam President, I rise today to pay Madam President, I rise today to pay lations. tribute to the ‘‘New Hampshire Star of tribute to the ‘‘New Hampshire Star of EC–7538. A communication from the Direc- Life.’’ Dennis Mechem has been chosen Life.’’ Jennifer Shea has been chosen tor, Foreign Terrorist Tracking, Department by his peers as someone deserving of by her peers as someone deserving of of Justice, transmitting, pursuant to law, the report of a rule entitled ‘‘Screening of the New Hampshire’s Star of Life the New Hampshire’s Star of Life award. Aliens and Other Designated Individuals award. Seeking Flight Training’’ (RIN1105–AA80) re- It is the thankless service of emer- It is the thankless service of emer- gency medical personnel like Dennis ceived on June 12, 2002; to the Committee on gency medical personnel like Jennifer the Judiciary. that save so many lives in a normal that save so many lives in a normal EC–7539. A communication from the Regu- day of work. day of work. lations Officer, Federal Highway Adminis- Dennis Mechem, of Rockingham Re- Jennifer Shea, of American Medical tration, Department of Transportation, gional Ambulance, is known for his transmitting, pursuant to law, the report of positive work ethic as well as his pro- Response, was awarded New Hamp- a rule entitled ‘‘Administration of Engineer- fessionalism and demeanor toward his shire’s Star of Life because of her ex- ing and Design Related Services Contract’’ patients, co-workers, and other ample of commitment and dedication (RIN2125–AE45) received on June 18, 2002; to healthcare professionals. Mechem’s to American Medical Response. Her the Committee on Environment and Public Works. service doesn’t stop there, he is also a serving attitude is a great source of motivation for other employees. Being EC–7540. A communication from the Direc- registered Maine guide and a licensed tor, Office of Surface Mining, Department of wilderness EMT. a self motivator has consistently the Interior, transmitting, pursuant to law, Dennis deserves great praise for the helped her move quickly to the top. It the report of a rule entitled ‘‘Montana Aban- work he does. The selfless dedication is Jennifer’s hope to continue in her doned Mine Land Reclamation Plan’’ (MT– he gives to his career in serving the education to further assist in emer- 021–FOR) received on June 17, 2002; to the needs of others in their most vulner- gency medicine. Committee on Energy and Natural Re- able time is a great asset to his char- Jennifer deserves great praise for the sources. work she does. The selfless dedication EC–7541. A communication from the Sec- acter. New Hampshire applauds this retary of the Interior, transmitting, pursu- fine individual for a job well done. she gives to her career in serving the ant to law, the Semiannual Report of the Of- It is an honor and privilege serving needs of others in their most vulner- fice of the Inspector General for the period of Dennis Mechem in the U.S. Senate.∑ able time is a great asset to her char- October 1, 2001 through March 31, 2002; to the f acter. New Hampshire applauds this Committee on Governmental Affairs. fine individual for a job well done. EC–7542. A communication from the Direc- TRIBUTE TO FISHER SCIENTIFIC It is an honor and privilege serving tor, Office of General Counsel and Legal Pol- INTERNATIONAL ∑ icy, Office of Government Ethics, transmit- Jennifer Shea in the U.S. Senate. ting, pursuant to law, the report of a rule en- ∑ Mr. SMITH of New Hampshire. f titled ‘‘Technical Amendments to Qualified Madam President, I rise today to pay Trust Model Certificates Privacy and Paper- tribute to Fisher Scientific Inter- MESSAGE FROM THE HOUSE work Notices’’ (RIN3209–AA00) received on national of Hampton, NH. Marking a At 3:03 p.m., a message from the June 11, 2002; to the Committee on Govern- century of success, the company cele- House of Representatives, delivered by mental Affairs. brated its anniversary on May 6, by Ms. Niland, one of its reading clerks, EC–7543. A communication from the Presi- ringing the bell at the close of trading dent, Federal Financing Bank, transmitting, announced that the House has passed pursuant to law, the Federal Financing Bank at the New York Stock Exchange. the following bill, in which it requests Management Report for Fiscal Year 2001; to I commend Fisher Scientific for sell- the concurrence of the Senate: the Committee on Governmental Affairs. ing more than 600,000 products in 145 H.R. 4931. An act to provide that the pen- EC–7544. A communication from the Acting countries. Staying true to its mission, sion and individual retirement arrangement Director, Financial Management and Assur- ‘‘In the Growth of Science,’’ Fisher or provisions of the Economic Growth and Tax ance, General Accounting Office, transmit- one of its subsidiaries has produced Relief Reconciliation Act of 2001 shall be per- ting, pursuant to law, a financial audit of products, instruments, and supplies for manent. the Congressional Award Foundation’s Fis- cal Years 2001 and 2000 Financial State- Thomas Edison’s inventions, defense f from Nazi chemical weapons in WWII, ments; to the Committee on Governmental MEASURES READ THE FIRST TIME Affairs. development of polio vaccine, the Man- EC–7545. A communication from the Execu- hattan Project, the space shuttle, and The following bill was read the first tive Director, Neighborhood Reinvestment the human genome project. I applaud time: Corporation, transmitting, pursuant to law, your contribution to the growth in H.R. 4931. An act to provide that the pen- the Corporation’s Annual Program Perform- medicine and science. sion and individual retirement arrangement ance Report for Fiscal Year 2001; to the Com- Fisher has acquired more than 30 provisions of the Economic Growth and Tax mittee on Governmental Affairs. EC–7546. A communication from the Ad- companies, allowing it to expand and Relief Reconciliation Act of 2001 shall be per- ministrator, Livestock and Seed Program, manent. add to its growing list of products. I Agricultural Marketing Service, Department am pleased with your vision of a global f of Agriculture, transmitting, pursuant to company and foresight to move for- EXECUTIVE AND OTHER law, the report of a rule entitled ‘‘Lamb Pro- ward in the next 100 years in a similar motion, Research, and Information Program: course. I commend you for supplying COMMUNICATIONS Rules and Regulations’’ (Doc. No. LS–02–05) safety equipment in the wake of the The following communications were received on June 17, 2002; to the Committee September 11th attack on the World laid before the Senate, together with on Agriculture, Nutrition, and Forestry. accompanying papers, reports, and doc- EC–7547. A communication from the Ad- Trade Center and encourage your focus ministrator, Agricultural Marketing Serv- on safety and other medical products. uments, which were referred as indi- ice, Fruit and Vegetable Programs, Depart- Your contributions are invaluable. cated: ment of Agriculture, transmitting, pursuant Fisher continues to demonstrate why EC–7536. A communication from the Under to law, the report of a rule entitled ‘‘Or- it won the Pittsburgh Award in 1947, a Secretary of Defense, Acquisition, Tech- anges, Grapefruit, Tangerines, and Tangelos

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.025 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5955 Grown in Florida; Modifying Procedures and the Arms Export Control Act, the report of a received on June 18, 2002; to the Committee Establishing Regulations to Limit the Vol- certification of a proposed license for the ex- on Commerce, Science, and Transportation. ume of Small Red Seedless Grapefruit’’ (Doc. port of defense articles to India; to the Com- EC–7569. A communication from the Pro- No. FV01–905–1 FIR; FV01–905–2 FIR) received mittee on Foreign Relations. gram Analyst of the Federal Aviation Ad- on June 17, 2002; to the Committee on Agri- EC–7560. A communication from the Pro- ministration, Department of Transportation, culture, Nutrition, and Forestry. gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of EC–7548. A communication from the Ad- ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: ministrator, Agricultural Marketing Serv- transmitting, pursuant to law, the report of Eurocopter France Model AS350B, AS350BA, ice, Fruit and Vegetable Programs, Depart- a rule entitled ‘‘Revocation of Class E Sur- AS350B1, AS350B3, AS350C, AS350D, AS350D1, ment of Agriculture, transmitting, pursuant face Area at Lampoc, CA; docket no. 01– AS355E, AS355F, AS355F1, AS355F2, AS355N, to law, the report of a rule entitled ‘‘Irish AWP–23 Direct Final Rule; Request for Com- and EC130 B4 Helicopters’’ ((RIN2120–AA64) Potatoes Grown in Colorado; Increase in the ments’’ ((RIN2120–AA66) (2002–0093)) received (2002–0283)) received on June 18, 2002; to the Minimum Size Requirement for Area No. 2’’ on June 18, 2002; to the Committee on Com- Committee on Commerce, Science, and (Doc. No. FV02–948–1 FR) received on June 17, merce, Science, and Transportation. Transportation. 2002; to the Committee on Agriculture, Nu- EC–7561. A communication from the Pro- EC–7570. A communication from the Pro- gram Analyst of the Federal Aviation Ad- trition, and Forestry. gram Analyst of the Federal Aviation Ad- EC–7549. A communication from the Chief ministration, Department of Transportation, ministration, Department of Transportation, transmitting, pursuant to law, the report of of the Regulations Unit, Internal Revenue transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Service, Department of the Treasury, trans- a rule entitled ‘‘Standard Instrument Ap- Honeywell International Inc., LTS101 Series mitting, pursuant to law, the report of a rule proach Procedures; Miscellaneous Amend- Turboshaft and LTP101 Series Turboprop En- entitled ‘‘Explanation of Involuntary Method ments (35); Amdt No. 2099’’ ((RIN2120–AA65) gines’’ ((RIN2120–AA64) (2002–0284)) received (2002–0035)) received on June 18, 2002; to the Change Guidance’’ (Announcement 2002–37) on June 18, 2002; to the Committee on Com- Committee on Commerce, Science, and received on June 6, 2002; to the Committee merce, Science, and Transportation. on Finance. Transportation. EC–7571. A communication from the Pro- EC–7550. A communication from the Chief EC–7562. A communication from the Pro- gram Analyst of the Federal Aviation Ad- of the Regulations Unit, Internal Revenue gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, Service, Department of the Treasury, trans- ministration, Department of Transportation, transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: entitled ‘‘Modification of Tax Shelter Rules a rule entitled ‘‘Standard Instrument Ap- McDonnell Douglas Model DC–9–80 Series III’’ (RIN1545–BA62; TD9000) received on June proach Procedures; Miscellaneous Amend- Airplanes and Model MD–88 Airplanes; COR- 17, 2002; to the Committee on Finance. ments (31); Amdt No. 3000’’ ((RIN2120–AA65) RECTION’’ ((RIN2120–AA64) (2002–0259)) re- EC–7551. A communication from the Chief (2002–0036)) received on June 18, 2002; to the ceived on June 18, 2002; to the Committee on of the Regulations Unit, Internal Revenue Committee on Commerce, Science, and Commerce, Science, and Transportation. Service, Department of the Treasury, trans- Transportation. EC–7572. A communication from the Pro- mitting, pursuant to law, the report of a rule EC–7563. A communication from the Pro- gram Analyst of the Federal Aviation Ad- entitled ‘‘Request for Comments on Phased gram Analyst of the Federal Aviation Ad- ministration, Department of Transportation, Retirement and Defined Benefit Plans’’ (No- ministration, Department of Transportation, transmitting, pursuant to law, the report of tice 2002–43) received on June 17, 2002; to the transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Committee on Finance. a rule entitled ‘‘Airworthiness Directives: Rolls Royce plc Models Tay 650–15 and 651–54 EC–7552. A communication from the Chair- Fokker Model F.28 Mark 0100 Series Air- Turbofan Engines’’ ((RIN2120–AA64) (2002– man of the United States International planes’’ ((RIN2120–AA64) (2002–0277)) received 0258)) received on June 18, 2002; to the Com- Trade Commission, transmitting, pursuant on June 18, 2002; to the Committee on Com- mittee on Commerce, Science, and Transpor- to law, a report entitled ‘‘The Year in Trade merce, Science, and Transportation. tation. 2001’’; to the Committee on Finance. EC–7564. A communication from the Pro- EC–7573. A communication from the Pro- EC–7553. A communication from the Chair- gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- man of the United States International ministration, Department of Transportation, ministration, Department of Transportation, Trade Commission, transmitting, pursuant transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of to law, a report on Investigation Number a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: TA–204–6, Certain Steel Wire Rod; to the Pratt and Whitney PW4000 Series Turbofan Boeing Model 737–600, 700, 700C and 800 Series Committee on Finance. Engines’’ ((RIN2120–AA64) (2002–0278)) re- Airplanes’’ ((RIN2120–AA64) (2002–0257)) re- EC–7554. A communication from the Assist- ceived on June 18, 2002; to the Committee on ceived on June 18, 2002; to the Committee on ant Secretary for Legislative Affairs, De- Commerce, Science, and Transportation. Commerce, Science, and Transportation. partment of State, transmitting, pursuant to EC–7565. A communication from the Pro- EC–7574. A communication from the Pro- law, a report concerning U.S. representation gram Analyst of the Federal Aviation Ad- gram Analyst of the Federal Aviation Ad- in United Nations Agencies and efforts made ministration, Department of Transportation, ministration, Department of Transportation, to employ U.S. citizens during 2001; to the transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of Committee on Foreign Relations. a rule entitled ‘‘Airworthiness Directives: a rule entitled ‘‘Airworthiness Directives: EC–7555. A communication from the Dep- McDonnell Douglas Model DC 9 81, 82, 83, and Boeing Model 747–400, 400F, 757–200, 200CB, uty Secretary of State, transmitting, a re- 87 Series Airplanes; Model MD–8 Airplanes, 200PF, 767–200, 300, and 300F Series Air- planes’’ ((RIN2120–AA64) (2002–0262)) received port relative to financial assistance for vic- and Model MD 90 30 Series Airplanes’’ on June 18, 2002; to the Committee on Com- tims of terrorism; to the Committee on For- ((RIN2120–AA64) (2002–0279)) received on June merce, Science, and Transportation. eign Relations. 18, 2002; to the Committee on Commerce, EC–7575. A communication from the Pro- EC–7556. A communication from the Assist- Science, and Transportation. gram Analyst of the Federal Aviation Ad- EC–7566. A communication from the Pro- ant Secretary for Legislative Affairs, De- ministration, Department of Transportation, partment of State, transmitting, pursuant to gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of law, the report of a rule entitled ‘‘Bureau of ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: Political-Military Affairs: Amendment to transmitting, pursuant to law, the report of Boeing Model 737, 747, and 777 Series Air- the List of Proscribed Destinations’’ (22 CFR a rule entitled ‘‘Airworthiness Directives: planes’’ ((RIN2120–AA64) (2002–0261)) received Part 126) received on June 13, 2002; to the Pratt and Whitney JT8D Series Turbofan En- on June 18, 2002; to the Committee on Com- Committee on Foreign Relations. gines’’ ((RIN2120–AA64) (2002–0280)) received merce, Science, and Transportation. EC–7557. A communication from the Assist- on June 18, 2002; to the Committee on Com- EC–7576. A communication from the Pro- ant Secretary of Legislative Affairs, Depart- merce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- ment of State, transmitting, pursuant to EC–7567. A communication from the Pro- ministration, Department of Transportation, law, the report of a rule entitled ‘‘Visas: Re- gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of moval of Visa and Passport Waiver for Cer- ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: tain Permanent Residents of Canada and transmitting, pursuant to law, the report of Boeing Model 747 Series Airplanes’’ Bermuda’’ (22 CFR Part 21) received on June a rule entitled ‘‘Airworthiness Directives: ((RIN2120–AA64) (2002–0260)) received on June 13, 2002; to the Committee on Foreign Rela- Airbus Model A330 and A340 Series Air- 18, 2002; to the Committee on Commerce, tions. planes’’ ((RIN2120–AA64) (2002–0281)) received Science, and Transportation. EC–7558. A communication from the Assist- on June 18, 2002; to the Committee on Com- EC–7577. A communication from the Pro- ant Secretary for Legislative Affairs, De- merce, Science, and Transportation. gram Analyst of the Federal Aviation Ad- partment of State, transmitting, pursuant to EC–7568. A communication from the Pro- ministration, Department of Transportation, law, a report relative to Nonproliferation gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of and Disarmament Fund (NDF) activities ; to ministration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: the Committee on Foreign Relations. transmitting, pursuant to law, the report of Boeing Model 737, 700, 700C and 800 Series EC–7559. A communication from the Assist- a rule entitled ‘‘Airworthiness Directives: Airplanes’’ ((RIN2120–AA64) (2002–0264)) re- ant Secretary for Legislative Affairs, De- Cirrus Design Corporation Models SR20 and ceived on June 18, 2002; to the Committee on partment of State, transmitting, pursuant to SR22 Airplanes’’ ((RIN2120–AA64) (2002–0282)) Commerce, Science, and Transportation.

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.020 pfrm17 PsN: S24PT1 S5956 CONGRESSIONAL RECORD — SENATE June 24, 2002 EC–7578. A communication from the Pro- tation, transmitting, pursuant to law, the re- By Mr. EDWARDS (for himself, Mr. gram Analyst of the Federal Aviation Ad- port of a rule entitled ‘‘Head Impact Protec- DEWINE, Mr. KENNEDY, Mr. DODD, Ms. ministration, Department of Transportation, tion; Interim Final Rule’’ (RIN2127–AI86) re- COLLINS, and Mrs. CLINTON): transmitting, pursuant to law, the report of ceived on June 18, 2002; to the Committee on S. 2671. A bill to amend the Child Care and a rule entitled ‘‘Airworthiness Directives: Commerce, Science, and Transportation. Development Block Grant Act of 1990 to pro- Boeing Model 737, 757, and 767 Series Air- EC–7588. A communication from the Trial vide for child care quality improvements for planes’’ ((RIN2120–AA64) (2002–0263)) received Attorney, Federal Railroad Administration, children with disabilities or other special on June 18, 2002; to the Committee on Com- Department of Transportation, transmitting, needs, and for other purposes; to the Com- merce, Science, and Transportation. pursuant to law, the report of a rule entitled mittee on Health, Education, Labor, and EC–7579. A communication from the Pro- ‘‘Passenger Equipment Safety Standards’’ Pensions. gram Analyst of the Federal Aviation Ad- (RIN2130–AB48) received on June 18, 2002; to By Mr. BINGAMAN (for himself and ministration, Department of Transportation, the Committee on Commerce, Science, and Mr. CRAIG): transmitting, pursuant to law, the report of Transportation. S. 2672. A bill to provide opportunities for a rule entitled ‘‘Airworthiness Directives: collaborative restoration projects on Na- f General Electric Company CF34–3A1 and –3B1 tional Forest System and other public do- Series Turbofan Engines’’ ((RIN2120–AA64) REPORTS OF COMMITTEES main lands, and for other purposes; to the (2002–0266)) received on June 18, 2002; to the Committee on Energy and Natural Re- Committee on Commerce, Science, and The following reports of committees sources. Transportation. were submitted: EC–7580. A communication from the Pro- By Mr. INOUYE, from the Committee on f gram Analyst of the Federal Aviation Ad- Indian Affairs, without amendment: ministration, Department of Transportation, S. 214: A bill to elevate the position of Di- SUBMISSION OF CONCURRENT AND transmitting, pursuant to law, the report of rector of the Indian Health Service within SENATE RESOLUTIONS a rule entitled ‘‘Airworthiness Directives: the Department of Health and Human Serv- The following concurrent resolutions General Electric Company CF 6–6, CF6–45, ices to Assistant Secretary for Indian and Senate resolutions were read, and and CF6–50 Series Turbofan Engines’’ Health, and for other purposes. (Rept. No. ((RIN2120–AA64) (2002–0265)) received on June 107–170). referred (or acted upon), as indicated: 18, 2002; to the Committee on Commerce, By Mr. BINGAMAN, from the Committee By Ms. LANDRIEU (for herself and Mr. Science, and Transportation. on Energy and Natural Resources, with an BREAUX): EC–7581. A communication from the Pro- amendment in the nature of a substitute: S. Res. 289. A resolution expressing the gram Analyst of the Federal Aviation Ad- S. 1768: A bill to authorize the Secretary of sense of the Senate that a commemorative ministration, Department of Transportation, the Interior to implement the Calfed Bay- postage stamp should be issued to celebrate transmitting, pursuant to law, the report of Delta Program. (Rept. No. 107–171). the Bicentennial of the Louisiana Purchase; a rule entitled ‘‘Airworthiness Directives: By Mr. BINGAMAN, from the Committee to the Committee on Governmental Affairs. Eurocopter France Model AS350BA and B2 on Energy and Natural Resources, without By Mr. SMITH of New Hampshire: Helicopters’’ ((RIN2120–AA64) (2002–0269)) re- amendment: S. Res. 290. A resolution expressing the ceived on June 18, 2002; to the Committee on H.R. 308: A bill to establish the Guam War sense of the Senate regarding the designa- Commerce, Science, and Transportation. Claims Review Commission. (Rept. No. 107– tion of June 24, 2002 through July 24, 2002 as EC–7582. A communication from the Pro- 172). French Heritage (Le Mois De L’Heritage gram Analyst of the Federal Aviation Ad- H.R. 309: A bill to provide for the deter- Francais); considered and agreed to. ministration, Department of Transportation, mination of withholding tax rates under the transmitting, pursuant to law, the report of Guam income tax. (Rept. No. 107–173). f a rule entitled ‘‘Airworthiness Directives: By Mr. LIEBERMAN, from the Committee General Electric Company GE90 Series Tur- on Governmental Affairs, with an amend- ADDITIONAL COSPONSORS bofan Engines’’ ((RIN2120–AA64) (2002–0268)) ment in the nature of a substitute and an S. 603 received on June 18, 2002; to the Committee amendment to the title: on Commerce, Science, and Transportation. At the request of Mr. LIEBERMAN, the S. 803: A bill to enhance the management name of the Senator from Iowa (Mr. EC–7583. A communication from the Pro- and promotion of electronic Government gram Analyst of the Federal Aviation Ad- services and processes by establishing a Fed- HARKIN) was added as a cosponsor of S. ministration, Department of Transportation, eral Chief Information Officer within the Of- 603, a bill to provide for full voting rep- transmitting, pursuant to law, the report of fice of Management and Budget, and by es- resentation in the Congress for the a rule entitled ‘‘Airworthiness Directives: Si- tablishing a broad framework of measures citizens of the District of Columbia to korsky Aircraft Corporation Model S–76A that require using Internet-based informa- amend the Internal Revenue Code of Helicopters’’ ((RIN2120–AA64) (2002–0276)) re- tion technology to enhance citizen access to ceived on June 18, 2002; to the Committee on 1986 to provide that individuals who are Government information and services, and residents of the District of Columbia Commerce, Science, and Transportation. for other purposes. (Rept. No . 107–174). EC–7584. A communication from the Pro- shall be exempt from Federal income By Mr. LIEBERMAN, from the Committee gram Analyst of the Federal Aviation Ad- on Governmental Affairs, with amendments: taxation until such full voting rep- ministration, Department of Transportation, S. 2452: A bill to establish the Department resentation takes effect , and for other transmitting, pursuant to law, the report of of National Homeland Security and the Na- purposes. a rule entitled ‘‘Airworthiness Directives: tional Office for Combating Terrorism. S. 611 MD Helicopter, Inc., Model 600N Helicopters’’ (Rept. No. 107–175). ((RIN2120–AA64) (2002–0270)) received on June At the request of Ms. MIKULSKI, the 18, 2002; to the Committee on Commerce, f names of the Senator from Nebraska Science, and Transportation. (Mr. NELSON) and the Senator from EC–7585. A communication from the Regu- INTRODUCTION OF BILLS AND JOINT RESOLUTIONS North Dakota (Mr. CONRAD) were added lations Officer, Federal Motor Carrier Safety as cosponsors of S. 611, a bill to amend Administration, Department of Transpor- The following bills and joint resolu- title II of the Social Security Act to tation, transmitting, pursuant to law, the re- tions were introduced, read the first provide that the reduction in social se- port of a rule entitled ‘‘Certification of Safe- and second times by unanimous con- ty Auditors, Safety Investigators, and Safety curity benefits which are required in Inspectors; Delay of Effective Date’’ sent, and referred as indicated: the case of spouses and surviving ((RIN2126–AA64) (2002–003)) received on June By Mr. CORZINE: spouses who are also receiving certain 18, 2002; to the Committee on Commerce, S. 2669. A bill to amend part A of title IV Government pensions shall be equal to Science, and Transportation. of the Social Security Act to toll the 5-year the amount by which two-thirds of the EC–7586. A communication from the Attor- limit for assistance under the temporary as- total amount of the combined monthly ney, Research and Special Programs Admin- sistance to needy families program for re- istration, Department of Transportation, cipients who live in a State that is experi- benefit (before reduction) and monthly transmitting, pursuant to law, the report of encing significant increases in unemploy- pension exceeds $1,200, adjusted for in- a rule entitled ‘‘Hazardous Materials: Re- ment; to the Committee on Finance. flation. vised and Clarified Hazardous Material Safe- By Mr. KYL (for himself, Mr. DOMENICI, S. 1152 ty Rulemaking and Program Procedures’’ Mr. BINGAMAN, Mr. ALLARD, and Mr. At the request of Mr. DURBIN, the (RIN2137–AD20) received on June 18, 2002; to CAMPBELL): name of the Senator from Rhode Island the Committee on Commerce, Science, and S. 2670. A bill to establish Institutes to Transportation. conduct research on the prevention of, and (Mr. REED) was added as a cosponsor of EC–7587. A communication from the Attor- restoration from, wildfires in forest and S. 1152, a bill to ensure that the busi- ney-Advisor, National Highway Traffic Safe- woodland ecosystems; to the Committee on ness of the Federal Government is con- ty Administration, Department of Transpor- Energy and Natural Resources. ducted in the public interest and in a

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.021 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5957 manner that provides for public ac- rials used by blind or other persons Mexico (Mr. DOMENICI) and the Senator countability, efficient delivery of serv- with print disabilities in elementary from Kentucky (Mr. BUNNING) were ices, reasonable cost savings, and pre- and secondary schools, and for other added as cosponsors of S. 2648, a bill to vention of unwarranted Government purposes. reauthorize and improve the program expenses, and for other purposes. S. 2480 of block grants to States for temporary S. 1339 At the request of Mr. LEAHY, the assistance for needy families, improve At the request of Mr. CAMPBELL, the name of the Senator from North Caro- access to quality child care, and for names of the Senator from Louisiana lina (Mr. EDWARDS) was added as a co- other purposes. (Ms. LANDRIEU), the Senator from sponsor of S. 2480, a bill to amend title S. 2649 Vermont (Mr. LEAHY), the Senator 18, United States Code, to exempt At the request of Mr. KENNEDY, the from West Virginia (Mr. ROCKEFELLER), qualified current and former law en- name of the Senator from New Mexico forcement officers from state laws pro- and the Senator from North Carolina (Mr. BINGAMAN) was added as a cospon- hibiting the carrying of concealed (Mr. EDWARDS) were added as cospon- sor of S. 2649, a bill to provide assist- sors of S. 1339, a bill to amend the handguns. ance to combat the HIV/AIDS pan- Bring Them Home Alive Act of 2000 to S. 2490 demic in developing foreign countries. At the request of Mr. TORRICELLI, the provide an asylum program with regard S. RES. 242 names of the Senator from New Jersey to American Persian Gulf War POW/ At the request of Mr. SANTORUM, his MIAs, and for other purposes. (Mr. CORZINE) and the Senator from Ar- kansas (Mr. HUTCHINSON) were added as name was added as a cosponsor of S. S. 1877 cosponsors of S. 2490, a bill to amend Res. 242, a resolution designating Au- At the request of Mr. HARKIN, the title XVIII of the Social Security Act gust 16, 2002, as ‘‘National Airborne name of the Senator from New Hamp- to ensure the quality of, and access to, Day.’’ shire (Mr. SMITH) was added as a co- skilled nursing facility services under S. RES. 270 sponsor of S. 1877, a bill to clarify and the medicare program. At the request of Mr. CAMPBELL, the reaffirm a cause of action and Federal S. 2513 names of the Senator from Oklahoma court jurisdiction for certain claims At the request of Mr. BIDEN, the (Mr. INHOFE) and the Senator from against the Government of Iran. name of the Senator from New York South Carolina (Mr. HOLLINGS) were S. 2010 (Mr. SCHUMER) was added as a cospon- added as cosponsors of S. Res. 270, a At the request of Mr. LEAHY, the sor of S. 2513, a bill to asses the extent resolution designating the week of Oc- name of the Senator from California of the backlog in DNA analysis of rape tober 13, 2002, through October 19, 2002, (Mrs. BOXER) was added as a cosponsor kit samples, and to improve investiga- as ‘‘National Cystic Fibrosis Awareness of S. 2010, a bill to provide for criminal tion and prosecution of sexual assault Week.’’ prosecution of persons who alter or de- cases with DNA evidence. S. RES. 281 stroy evidence in certain Federal in- S. 2522 At the request of Mr. LEVIN, the vestigations or defraud investors of At the request of Mr. BINGAMAN, the name of the Senator from Alabama publicly traded securities, to disallow name of the Senator from California (Mr. SESSIONS) was added as a cospon- debts incurred in violation of securities (Mrs. BOXER) was added as a cosponsor sor of S. Res. 281, a resolution desig- fraud laws from being discharged in of S. 2522, a bill to establish the South- nating the week beginning August 25, bankruptcy, to protect whistleblowers west Regional Border Authority. 2002, as ‘‘National Fraud Against Sen- against retaliation by their employers, S. 2570 ior Citizens Awareness Week.’’ and for other purposes. At the request of Ms. COLLINS, the AMENDMENT NO. 3936 name of the Senator from Texas (Mrs. S. 2194 At the request of Mr. NELSON of Flor- At the request of Mr. MCCONNELL, HUTCHISON) was added as a cosponsor of ida, the name of the Senator from S. 2570, a bill to temporarily increase the name of the Senator from Montana South Dakota (Mr. DASCHLE) was added the Federal medical assistance per- (Mr. BAUCUS) was added as a cosponsor as a cosponsor of amendment No. 3936 centage for the medicaid program, and of S. 2194, a bill to hold accountable the intended to be proposed to S. 2514, an for other purposes. Palestine Liberation Organization and original bill to authorize appropria- the Palestinian Authority, and for S. 2583 tions for fiscal year 2003 for military other purposes. At the request of Mr. CORZINE, the activities of the Department of De- name of the Senator from New Jersey S. 2215 fense, for military construction, and (Mr. TORRICELLI) was added as a co- At the request of Mrs. BOXER, the for defense activities of the Depart- sponsor of S. 2583, a bill to amend title name of the Senator from Montana ment of Energy, to prescribe personnel 38, United States Code, to require the (Mr. BAUCUS) was added as a cosponsor strengths for such fiscal year for the Secretary of Veterans Affairs in the of S. 2215, a bill to halt Syrian support Armed Forces, and for other purposes. management of health care services for for terrorism, end its occupation of veterans to place certain low-income AMENDMENT NO. 3952 Lebanon, stop its development of weap- veterans in a higher health-care pri- At the request of Mr. NELSON of Flor- ons of mass destruction, cease its ille- ority category. ida, the name of the Senator from gal importation of Iraqi oil, and by so S. 2608 South Dakota (Mr. DASCHLE) was added doing hold Syria accountable for its At the request of Mr. HOLLINGS, the as a cosponsor of amendment No. 3952 role in the Middle East, and for other name of the Senator from Connecticut intended to be proposed to S. 2514, an purposes. (Mr. DODD) was added as a cosponsor of original bill to authorize appropria- S. 2221 S. 2608, a bill to amend the Coastal tions for fiscal year 2003 for military At the request of Mr. ROCKEFELLER, Zone Management Act of 1972 to au- activities of the Department of De- the name of the Senator from Mary- thorize the acquisition of coastal areas fense, for military construction, and land (Mr. SARBANES) was added as a co- in order better to ensure their protec- for defense activities of the Depart- sponsor of S. 2221, a bill to temporarily tion from conversion or development. ment of Energy, to prescribe personnel increase the Federal medical assist- S. 2611 strengths for such fiscal year for the ance percentage for the medicaid pro- At the request of Mr. REED, the Armed Forces, and for other purposes. gram. names of the Senator from New Jersey f S. 2246 (Mr. TORRICELLI) and the Senator from At the request of Mr. DODD, the New Jersey (Mr. CORZINE) were added STATEMENTS ON INTRODUCED names of the Senator from New Mexico as cosponsors of S. 2611, a bill to reau- BILLS AND JOINT RESOLUTIONS (Mr. BINGAMAN), the Senator from Ala- thorize the Museum and Library Serv- By Mr. CORZINE: bama (Mr. SESSIONS), and the Senator ices Act, and for other purposes. S. 2669. A bill to amend part A of from Utah (Mr. BENNETT) were added as S. 2648 title IV of the Social Security Act to cosponsors of S. 2246, a bill to improve At the request of Mr. HUTCHINSON, toll the 5-year limit for assistance access to printed instructional mate- the names of the Senator from New under the temporary assistance to

VerDate May 23 2002 04:24 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.022 pfrm17 PsN: S24PT1 S5958 CONGRESSIONAL RECORD — SENATE June 24, 2002 needy families program for recipients who are trying to transition from wel- S. 2671. A bill to amend the Child who live in a State that is experiencing fare to work just because the economy Care and Development Block Grant Act significant increases in unemployment; is bad. We need to continue to help of 1990 to provide for child care quality to the Committee on Finance. these families build their skills and improvements for children with dis- Mr. CORZINE. Madam President, I find employment when times are abilities or other special needs, and for rise today to introduce legislation, the tough. other purposes; to the Committee on Unemployment Protection for Low-In- As Congress acts to reauthorize the Health, Education, Labor, and Pen- come Families on TANF Act, or UP- TANF program I ask my colleagues to sions. LIFT Act, that will protect low-income support legislation that will protect Mr. EDWARDS. Madam President, I families who are transitioning from families transitioning from welfare to rise today to join with my colleague welfare to work from losing their wel- work from losing their benefits during and friend, Senator MIKE DEWINE, to fare benefits during periods of high un- a recession. announce the introduction of legisla- employment. Madam President, I ask unanimous tion that will meaningfully improve Forcing families off welfare during a consent that the text of the legislation the lives and well-being of children recession because they cannot find a be printed in the RECORD. with disabilities and other special job lacks commonsense. In fact, during There being no objection, the bill was needs, their parents, and the child care a weak economy, low-skilled workers ordered to be printed in the RECORD, as providers who care for them. and recently employed workers are follows: In recent years our commitment to more likely to lose their jobs, and un- S. 2669 helping working families afford child fortunately, only 30 to 40 percent of Be it enacted by the Senate and House of Rep- care has grown significantly through former welfare recipients who become resentatives of the United States of America in discretionary and nondiscretionary al- unemployed qualify for Unemployment Congress assembled, locations under the Child Care and De- SECTION 1. SHORT TITLE. velopment Fund, CCDF, and the Tem- Insurance. This Act may be cited as the ‘‘Unemploy- A single parent receiving welfare as- ment Protection for Low-Income Families porary Assistance for Needy Families, sistance while working 30 hours a week Through TANF Act of 2002’’ or the ‘‘UPLIFT TANF, program. From a total Federal who loses her job during a recession Act of 2002’’. outlay of $2.5 billion in 1997, spending should not be penalized. For families SEC. 2. DISREGARD OF MONTHS OF ASSISTANCE on child care through CCDF and TANF like this, welfare is the only unemploy- RECEIVED DURING PERIODS OF grew to $6.5 billion in 2000. When added ment insurance they have. But, under HIGH UNEMPLOYMENT. to state spending, total Federal and (a) IN GENERAL.—Section 408(a)(7) of the State investments in child care assist- current law, Federal welfare time lim- Social Security Act (42 U.S.C. 608(a)(7)) is its and work requirements continue to amended by adding at the end the following: ance reached $9.0 billion in 2000. This apply during periods of high-unemploy- ‘‘(H) DISREGARD OF ASSISTANCE RECEIVED figure represents a historic commit- ment. DURING PERIODS OF HIGH UNEMPLOYMENT.— ment to affordable, high quality child The Unemployment Protection for ‘‘(i) IN GENERAL.—In determining the num- care in America, and I applaud all of Low-Income Families through TANF ber of months for which an adult has re- my colleagues, on both sides of the Act, or UPLIFT Act, would require ceived assistance under a State or tribal pro- aisle, whose support made the current States to disregard Federal TANF as- gram funded under this part, the State or levels of child care assistance possible. sistance for all recipients when the na- tribe shall disregard any month in which the But the past, as they say, is behind us, State is determined to be a high unemploy- tional unemployment rate reaches or ment State for that month. reauthorization for CCDF and TANF is exceeds 6.5 percent or when a State un- ‘‘(ii) DEFINITION OF HIGH UNEMPLOYMENT looming. It is vitally important for us employment rate rises by 1.5 percent- STATE.—For purposes of clause (i), a State to understand what our federal and age points over a three-month period. shall be considered to be a high unemploy- state investments have bought us as we Every percentage point increase in ment State for a month if it satisfies either undertake the difficult job of renewing unemployment results in a welfare of the following criteria: this legislation. caseload increase of 5 percent. In addi- ‘‘(I) STATE RATE OF UNEMPLOYMENT.—The Sadly, despite our historic Federal tion to enacting a strong contingency average— investments in world-class child care, ‘‘(aa) rate of total unemployment (season- fund for States experiencing high un- ally adjusted) in the State for the period the services available for too many employment and increased caseloads, consisting of the most recent 3 months for hard-working families are neither af- Congress must act to ensure that wel- which data are available has increased by fordable nor of very high quality. fare recipients are not time-limited off the lesser of 1.5 percentage points or by 50 Though 1.8 million children received of welfare when the economy is weak percent over the corresponding 3-month pe- assistance in 1999, the Department of and jobs are in short supply. In addi- riod in either of the 2 most recent preceding Health and Human Services estimated tion to promoting self-sufficiency, fiscal years; or that 14.75 million children were eligi- TANF programs should be a safety net ‘‘(bb) insured unemployment rate (season- ble. ally adjusted) in the State for the most re- Let me repeat that, in 1999, a little for low-income families who are unable cent 3 months for which data are available to find work or meet their needs. has increased by 1 percentage point over the under 13 million children were living in My legislation will help parents who corresponding 3-month period in either of working families poor enough to qual- are trying to transition from welfare to the 2 most recent preceding fiscal years. ify for assistance under CCDF but got work, but are unable to find work dur- ‘‘(II) NATIONAL RATE OF UNEMPLOYMENT.— no help because no funds were avail- ing a weak economy, to provide for The average rate of total unemployment able. Put another way, only 12 percent their families without the fear of los- (seasonally adjusted) for all States for the of eligible children received assistance. ing cash assistance. The TANF pro- period consisting of the most recent 3 And that 12 percent figure reflects 1999 gram is not only about moving people months for which data for all States are pub- data at the height of a historic eco- lished equals or exceeds 6.5 percent. nomic expansion that is now long past. from welfare to work, it is also about ‘‘(iii) DURATION.—A State that is consid- reducing poverty and helping families ered to be a high unemployment State under The numbers of eligible families have in need. clause (ii) for a month shall continue to be undoubtedly grown, our commitments While welfare reform has succeeded considered such a State until the rate that have not. We need to put the full effect at moving thousands of people into was used to meet the definition as a high un- of what we’re talking about in context. work, its success has come in strong employment State under that clause for the The average cost of child care in Amer- economic times. As people reach their most recently concluded 3-month period for ica exceeds $4,000 per year. That’s often 5-year time limits, we can only hope which data are available, falls below the more than the cost of tuition at many level attained in the 3-month period in which they will be able to find jobs in what is the State first qualified as a high unemploy- of our state colleges. $4,000 per year. now a more difficult economy. The re- ment State under that clause.’’. For the working families with kids who ality is that many states are experi- are eligible, whose family income falls encing high unemployment right now, By Mr. EDWARDS for (himself, somewhere under 85 percent of the making it extremely difficult for wel- Mr. DEWINE, Mr. KENNEDY, Mr. state median income level, but who fare recipients to find good paying full- DODD, Ms. COLLINS, and Mrs. never receive assistance, how in the time jobs. We shouldn’t penalize people CLINTON): world do we expect them to cope? For

VerDate May 23 2002 04:24 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.027 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5959 most of my constituents, $4,000 is a lot illness. Low-income children also tend come families to have a significant dis- of money. When I talk to parents in to live in poorer neighborhoods, ability, nearly twice as likely to have North Carolina about the challenges compounding their lack of resources serious mental or physical disabilities, they face, I can assure you, affordable with the lack of readily available child and 1.3 times as likely to have learning child care is an issue parents worry a care for special needs populations. As disabilities. lot about. the GAO reported in 2001, ‘‘low-income Parents and the disability commu- Finally, what does ‘‘affordable’’ child neighborhoods tend to have less overall nity continually report significant care look like? By that, I mean the child care supply as well as less supply shortages in affordable, high quality child care that working parents can ac- for [special needs kids] than do higher- specialized childcare for children with tually afford. The data on child care income neighborhoods.’’ disabilities and other unique needs. quality is daunting—85 percent of child Finally, many child care providers Specialized childcare is costly to de- care in America is rated as poor to me- require additional training and other liver and often requires additional diocre. I invite my colleagues to think resources necessary to deliver appro- training for caregivers. Furthermore, about a single young child, someone priate care, or to understand or comply many childcare centers simply cannot under 5, say, who they know person- with the Americans with Disabilities afford to create a setting that is acces- ally. Perhaps someone in their family. Act, ADA, or other applicable state or sible for disabled children or equipped Would anyone in this body willingly Federal standards. to meet the physical or emotional permit a child to spend even one The Nurturing Special Kids Act of challenges of these children. minute in a care setting described as 2002 would: set aside additional CCDF Our legislation would help remedy ‘‘poor to mediocre’’? Think about what funding, after the Quality Set-Aside is this by providing technical assistance that means for a healthy, growing in- funded, to expand access to affordable, to help families locate specialized care. fant or toddler. Young brains are devel- high-quality child care for children Additionally, the bill sets aside a por- oping, synaptic connections forming. with disabilities or other special needs; tion of the Childcare and Development The child’s verbal and motor skills are support child care programs that ac- Block Grant funds specifically for spe- actively expanding, growing, testing cept children with disabilities or other cial needs care. This funding could be limits. Scientists tell us that there is a special needs; provide higher reim- used to increase a special needs child fairly direct and crucial relationship bursement rates to child care providers voucher, or enable states to provide between the time and quality of inter- that reflect the additional cost of spe- specialized training to better under- action with adult caregivers and the cialized care in the State; fund con- stand a child’s disability, provide prop- healthy social and psychological devel- sultations by providers with licensed er care, or set up centers designed to opment of a young child. Enriched professionals to improve identification provide specialized care to children early learning is not a luxury. A child of children with disabilities or other with particular conditions, like au- who spends its critical early years in special needs, and strengthen pro- tism, Down Syndrome, or Cerebral ‘‘poor to mediocre’’ care is like a run- viders’ ability to care for children with Palsy. Additionally, our bill help dis- ner who starts the race 20 yards behind disabilities or other special needs; pro- abled children, but it also would help the block. For the rest of his or her vide a comprehensive system of train- all children with special needs by pro- life, that child will be trying to catch ing and technical assistance to enable viding technical assistance to help up. And that’s not fair. Now imagine if child care providers to better care for families locate specialized care. that same child had a disability. If he children with disabilities or other spe- No one can replace a parent, but par- or she had cerebral palsy, or a sight cial needs, including compliance with ents who work outside the home need impairment, or a learning disorder, or ADA and other regulatory require- to feel confident that the people caring autism. A healthy child might be able ments; provide grants for recruitment for their children are giving them the to overcome a poor to mediocre start and retention of qualified staff; and same type of love and support that in life, but some of our most vulnerable provide grant funding for public agen- they would provide. In the case of a children may not. cies and private non-profits for projects disabled child, parents also want to As you might expect, it is more cost- that increase the availability of inclu- make sure that the caretakers of their ly for child care providers to serve chil- sive child care programs, up to 50 per- children are trained to deal with spe- dren with disabilities or other special cent special needs kids. cial needs. needs. But often, states are under pres- Most of us were elected to the Senate This bill is necessary to ensure that sure to serve the record numbers of for one purpose: to stand for the vul- when parents work, they have access to families who need child care assist- nerable and for the defenseless when we quality care. I urge my colleagues to ance, and additional resources for chil- make decisions that shape our soci- join us in support. dren with disabilities or other special ety’s future. To ensure that, whatever needs are not available. In many in- we do, we secure for all Americans, no By Mr. BINGAMAN (for himself stances, providers simply are not able matter their physical or mental dis- and Mr. CRAIG): or willing to take on the unique chal- ability or other impairment, the capac- S. 2672. A bill to provide opportuni- lenges of caring for a disabled child. ity to grow and succeed to the limits of ties for collaborative restoration Children’s advocates and parents of their potential. projects on National Forest System children with disabilities have reported I join with my friend, Senator and other public domain lands, and for significant shortages of affordable, DEWINE, in introducing the Nurturing other purposes; to the Committee on high quality child care for children Special Kids Act of 2002, and I invite Energy and Natural Resources. with disabilities and other special my colleagues to share this responsi- Mr. BINGAMAN. Madam President, needs. These findings have been af- bility in support of affordable, high today I am introducing legislation to firmed by the General Accounting Of- quality child care for children with dis- authorize a coordinated, consistent, fice, the Institute of Medicine, and the abilities or other special needs. community-based program to restore National Research Council. Mr. DEWINE. Madam President, I and maintain the ecological integrity Low-income children are particularly rise today with my colleague and of degraded National Forest System at risk. Children in low-income fami- friend from North Carolina, Senator and public lands watersheds. I am lies are more likely to be disabled than EDWARDS, to introduce the Nurturing pleased to be introducing this legisla- children in higher income families. Special Kids Act of 2002. Our bill would tion with Senator CRAIG. He has been a Children who are poor are twice as expand access to affordable, high qual- true champion for rural, natural re- likely to have a significant disability ity childcare for children with disabil- source-dependent communities. than their middle and upper income ities or other special needs. Two years ago, residents of Los Ala- counterparts. A 2000 report based on We need this bill, because the reality mos were evacuated to escape the interviews with California welfare re- is that children from low-income fami- Cerro Grande fire. Many ultimately cipients in 1992 and 1996 found that al- lies are more likely to have disabilities lost their homes. While the devastation most 20 percent of the families had at or other special needs. They are twice that resulted from the fire will not least one child who has a disability or as likely as children from higher-in- soon be forgotten, this event also was

VerDate May 23 2002 04:24 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.042 pfrm17 PsN: S24PT1 S5960 CONGRESSIONAL RECORD — SENATE June 24, 2002 significant because it finally focused Partners for a Sustainable Methow are S. 2672 our attention on a problem that has seeking ways to increase the steward- Be it enacted by the Senate and House of Rep- been brewing for a long time, increas- ship role of local communities in the resentatives of the United States of America in ing fire risk due to the degraded condi- maintenance and restoration of eco- Congress assembled, tion of our national forests and public system integrity and biodiversity. In SECION 1. SHORT TITLE. lands. Unfortunately, the problem con- California, the Watershed Research & This Act may be cited as the ‘‘Community- Based Forest an Public Lands Restoration tinues as this year’s fires continue to Training Center is striving tirelessly to Act’’. threaten numerous communities. include communities in the Forest SEC. 2. PURPOSES. Increasing threats to people and Service’s planning, restoration The purposes of this Act are— homes as a result of forest fires is only projects, and follow up monitoring of (1) to create a coordinated, consistent, one symptom of the current condition restoration. At the national level, community-based program to restore and of our national forests and public American Forests and the National maintain the ecological integrity of de- lands. Water quality, water flows, ani- Network for Forest Practitioners are graded National Forest System and public mal and plant habitats are all ad- lands watersheds; important partners that are seeking (2) to ensure that restoration of degraded versely affected. Moreover, the health changes in policy to ensure that com- National Forest System and public lands rec- of adjacent communities is at risk munity benefits are an integral compo- ognizes variation in forest type and fire re- when our national forests and public nent of national forests and public land gimes, incorporates principles of community lands are in a degraded condition. Res- management. forestry, local and traditional knowledge, toration is desperately needed. The legislation that Senator CRAIG and conservation biology; and, where pos- Three years ago, I introduced the and I are introducing today is meant to sible, uses the least intrusive methods prac- Community Forest Restoration Act, a help facilitate these types of ap- ticable; bill to establish a cooperative forest (3) to enable the Secretaries to assist proaches nationwide. Communities small, rural communities to increase their restoration program in New Mexico to cannot create collaboratively restore capacity to restore and maintain the eco- begin addressing this problem in a col- our national forests and public lands logical integrity of surrounding National laborative way. Ultimately, the legis- alone. The Federal government is an Forest System and public lands, and to use lation was enacted into law. Implemen- important partner in this effort and the by-products of such restoration in val- tation has been very successful to date. this legislation will provide much ued-added processing; Through my work on the Community needed new authority and programs to (4) to require the Secretaries to monitor ecological, social, and economic conditions Forest Restoration Act and other simi- assist communities. lar efforts, it has become clear to me based on explicit mechanisms for account- A few years ago, representatives from ability; that new and creative approaches to the Forest Service’s Forest Product (5) to authorize the Secretaries to expand the management of our forests is crit- Laboratory visited my State to make partnerships and to contract with non-profit ical to ensure a meaningful future for recommendations on how to find new organizations, conservation groups, small both our federal lands and the commu- markets for products created from and micro-businesses, cooperatives, non-Fed- nities that depend on these lands. A small trees that need to be removed to eral conservation corps, and other parties to major, multi-year investment in res- reduce fire threat. They noted that a encourage them to provide services or prod- toration work on our national forests ucts that facilitate the restoration of dam- lack of entrepreneurs and micro-busi- aged lands; and and Federal lands is a critical compo- nesses was a barrier to increasing the (6) to improve communication and joint nent of achieving our desired result. number of natural resource-based eco- problem solving, consistent with Federal and Senator CRAIG and I, as well as other nomic opportunities in rural commu- State environmental laws, among individ- Members, have worked to secure in- nities. New Mexico needs these stimuli uals and groups who are interested in restor- creased funding for such an invest- in the private sector, as do commu- ing the diversity and productivity of water- ment. The additional funding that Con- nities across the West, and this legisla- sheds. gress has approved for the last few tion will help create rural economies SEC. 3. DEFINITIONS. years for hazardous fuels reduction As used in this Act: that depend on maintaining the eco- (1) The term ‘‘public lands’’ has the mean- near communities is one example of logical resiliency of the National For- ing given such term in section 103(e) of the our success. est System and public lands. Federal Land Policy and Management Act However, an investment alone is not Finally, I want to emphasize that, (43 U.S.C. 1702(e)). enough. An investment in our natural because what we are talking about is (2) The term ‘‘National Forest System’’ resources must occur in a way that new and in many ways untested, we all has the meaning given such term in section benefits the rural communities located will need to closely monitor implemen- 11(a) of the Forest and Rangeland Renewable within and adjacent to our national tation. Everyone now agrees that past Resources Planning Act (16 U.S.C. § 1609(a)). (3) The term ‘‘Secretaries’’ means the Sec- forests and public lands. I grew up in policies, such as systematically sup- retary of Agriculture acting through the Silver City, New Mexico, a forested pressing all wildfires, were misguided Chief of the Forest Service and the Secretary community adjacent to the Gila Na- and contributed to the problems we of the Interior acting through the Director tional Forest. I learned firsthand that face today. But how do we avoid re- of the Bureau of Land Management. if the forest is in good shape, the com- peating similar mistakes? Meaningful (4) The term ‘‘restore’’ means to incor- munity is in good shape. and open monitoring processes using porate historic, current, and new scientific The Federal land managers need to ecological and social indicators will information as it becomes available, to re- respect local and traditional knowl- introduce, maintain, or enhance the charac- help to ensure that the right policies teristics, functions, and ecological processes edge by including it in project plan- are in place for both the land and the of healthy, properly functioning watersheds. ning. Community forestry represents a communities. (5) The term ‘‘local’’ means within the way to integrate local knowledge and I would like to thank all of the indi- same region where an associated restoration science in order to make the best deci- viduals and groups who provided data, project, or projects, are conducted. sions about how to take care of the input, and comments on earlier drafts (6) The term ‘‘micro-enterprise’’ means a non-subsidiary business or cooperative em- land. of this bill. Senator CRAIG and I sought Communities are coming together to ploying 5 or fewer people. to ensure that this bill was a com- (7) The term ‘‘small enterprise’’ means a restore the ecological integrity and re- prehensive approach to the issue and non-subsidiary business or cooperative em- siliency of our public lands. In New we received a lot of assistance from ploying between 6 and 150 people. Mexico, groups such as Las Humanas many communities across the country (8) The term ‘‘value-added processing’’ Cooperative, the Truchas Land Grant, in this endeavor. means additional processing of a product to the Catron County Citizens Group, and I ask unanimous consent that the increase its economic value and to create ad- the Rocky Mountain Youth Corps are text of the bill, as well as letters of ditional jobs and benefits where the proc- working to restore watersheds and essing is done. support we have received for the bill, (9) The term ‘‘low-impact equipment’’ build a high-skill, high-wage workforce be printed in the RECORD. means the use of equipment for restorative, in rural communities. In the Pacific There being no objection, the mate- maintenance, or extraction purposes that Northwest, groups such as Sustainable rial was ordered to be printed in the minimizes or eliminates impacts to soils and Northwest, Wallowa Resources, and RECORD, as follows. other resources.

VerDate May 23 2002 04:24 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.058 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5961 (10) The terms ‘‘rural’’ and ‘‘rural area’’ (2) workforce training for value-added et seq.), and the Competition in Contracting mean any area other than a city or town manufacturing and restoration, Act, on an annual basis, the Secretaries shall that has a population of greater than 50,000 (3) marketing and business support for con- limit competition for special salvage timber inhabitants. servation-based small and micro-enterprises, sales, timber sale contracts, service con- SEC. 4. ESTABLISHMENT OF PROGRAM. (4) accessing urban markets for small and tracts, construction contracts, supply con- (a) REQUIREMENTS.—The Secretaries shall micro-enterprises located in rural commu- tracts, emergency equipment rental agree- jointly establish a National Forest System nities, ments, architectural and engineering con- and public lands collaborative community- (5) developing technology for restoration tracts, challenge cost-share agreements, co- based restoration program. The purposes of and the use of products resulting from res- operative agreements, and participating the program shall be: toration, agreements to ensure that the percentage of (1) to identify projects that will restore de- (6) accessing funding from government and the total dollar value identified in paragraph graded National Forest System and public non-government sources, and (2), but not to exceed 50 percent in any year, (7) development of economic infrastructure lands; and is awarded to— including collaborative planning, proposal (2) implement such projects in a collabo- (A) natural-resource related small of development, and grant writing where appro- rative way and in a way that builds rural micro-enterprises; priate. (B) Youth Conservation Corps crews or re- community capacity to restore and maintain (d) LOCATIONS.—The Secretaries shall en- lated partnerships with State, local and in perpetuity the health of the National For- sure that at least one Restoration and other non-Federal conservation corps; est System and other public lands. Value-Added Center is located within Idaho (C) any entity that will hire and train local (b) COOPERATION.—The Secretaries may New Mexico, Montana, northern California, people to complete the service or timber sale enter into cooperative agreements with will- and eastern Oregon and that every Restora- contract; ing tribal governments, State and local gov- tion and Value-Added Center is easily acces- (D) any entity that will re-train non-local ernments, private and nonprofit entities and sible to rural communities that are adjacent traditional forest workers to complete the landowners for protection, restoration, and to or surrounded by National Forest System service or timber sale contract; or enhancement of fish and wildlife habitat, or other public lands throughout the region. (E) a local entity that meets the criteria to forests, and other resources on the National (1) The Secretaries may enter into partner- qualify for the Historically Underutilized Forest System and public lands. ships and cooperative agreements with other Business Zone Program under section 32 of (c)(1) MONITORING.—The Secretaries shall Federal agencies or other organizations, in- the Small Business Act (15 U.S.C. 657a). establish a multiparty monitoring, evalua- cluding local non-profit organizations, con- (2) In the first year beginning after the tion, and accountability process in order to servation groups, or community colleges in date of enactment of this Act, the Secre- assess the cumulative accomplishments or creating and maintaining the Restoration taries shall ensure that 10 percent of the adverse impacts of projects implemented and Value-Added Centers. total dollar value of contracts and agree- under this Act. The Secretaries shall include (2) The appropriate Regional Forester and ments are awarded pursuant to paragraph any interested individual or organization in State Bureau of Land Management Director (1). In the second year after the date of en- the monitoring and evaluation process. will issue a request for proposals to create a actment of this Act, the Secretaries shall en- (2) Not later than 5 years after the date of Restoration and Value-Added Center. The sure that 20 percent of the total dollar value enactment of this Act, the Secretaries shall Regional Forester and State Bureau of Land of contracts and agreements are awarded submit a report to the Committee on Energy Management Director will select a proposal pursuant to paragraph (1). In subsequent and Natural Resources of the United States with input from existing Resource and Tech- years, the percentage shall increase by 10 Senate and the Committee on Resources of nical Advisory Committees where appro- percent each year. the United States House of Representatives priate. (b) NOTICE OF NATIONAL FOREST SYSTEM detailing the information gathered as a re- (3) The Secretary of Agriculture shall pro- PLAN.—At the beginning of each fiscal year, sult of the multiparty monitoring and eval- vide cost-share grants, cooperative agree- each unit of the National Forest System uation. The report shall include an assess- ments, or both equaling 75 percent of each shall make its advanced acquisition plan ment on whether, and to what extent, the Restoration and Value-Added Center’s oper- publicly available, including publishing it in projects funded pursuant to this Act are ating costs, including business planning, not a local newspaper for a minimum of 15 work- meeting the purposes of the Act. to exceed $1 million annually per center. ing days. (3) The Secretaries shall ensure that moni- (4) Within 30 days of approving a grant or (c) BEST VALUE CONTRACTING.—In order to toring data is collected and compiled in a cooperative agreement to establish a Res- implement projects, the Secretaries may se- way that the general public can easily ac- toration and Value-Added Center, the Sec- lect a source for performance of a contract cess. The Secretaries may collect the data retary shall notify the Committee on Energy or agreement on a best value basis with con- using cooperative agreements, grants, or and Natural Resources of the United States sideration of one or more of the following: (1) Understanding of the technical demands contracts with small or micro-enterprises, or Senate and the Committee on Resources of Youth Conservation Corps work crews or re- and complexity of the work to be done. the United States House of Representatives (2) Ability of the offeror to meet desired lated partnerships with State, local, and and identify the recipient of the grant award other non-Federal conservation corps. ecological objectives of the project and the or cooperative agreement. sensitivity of the resources being treated. (d) The Secretaries shall hire additional (5) After a Restoration and Value-Added outreach specialists, grants and agreements (3) The potential for benefit to local small Center has operated for five years, the Sec- and micro-enterprises. specialists, and contract specialists in order retary of Agriculture shall assess the cen- to implement this Act. (4) The past performance and qualification ter’s performance and begin to reduce, by 25 by the contractor with the type of work SEC. 5. FOREST RESTORATION AND VALUE- percent annually, the level of Federal fund- being done, the application of low-impact ADDED CENTERS. ing for the center’s operating costs. equipment, and the ability of the contractor (a) ESTABLISHMENT.—Subject to subsection (e) REPORT.—No later than five years after or purchaser to meet desired ecological con- (d), the Secretaries shall provide cost-share the date of enactment of this Act, the Secre- ditions. grants, cooperative agreements, or both to taries shall submit a report to the Com- (5) The commitment of the contractor to establish Restoration and Value-Added Cen- mittee on Energy and Natural Resources of training workers for high wage and high ters in order to improve the implementation the United States Senate and the Committee skill jobs. of collaborative, community-based restora- on Resources of the United States House of (6) The commitment of the contractor to tion projects on National Forest System or Representatives, assessing the Restoration hiring highly qualified workers and local public lands. and Value-Added Centers created pursuant residents. (b) REQUIREMENTS.—The Restoration and to this section. The report shall include— (d) LIMITATION.—The Secretaries shall en- Value-Added Centers shall provide technical (1) descriptions of the organizations receiv- sure that the Forest Service and Bureau of assistance to non-profit organizations, exist- ing assistance from the centers, including Land Management Memorandum of Under- ing small or micro-enterprises or individuals their geographic and demographic distribu- standing on the Small Business Set-Aside interested in creating a natural-resource re- tion, Programs shall not be reduced below the lated small or micro-enterprise in the fol- (2) a summary of the projects the technical Small Business Administration shares pre- lowing areas— assistance recipients implemented, and scribed in the Small Business Set-Aside Pro- (1) restoration, and (3) an estimate of the number of non-profit gram as a result of this Act. (2) processing techniques for the byprod- organizations, small enterprises, micro-en- SEC. 7. NATIONAL FOREST SYSTEM RESEARCH ucts of restoration and value-added manufac- terprises, or individuals assisted by the Res- AND TRAINING. turing. toration and Value-Added Centers. (a) ESTABLISHMENT OF PROGRAM.—The Sec- (c) ADDITIONAL REQUIREMENTS.—The Res- SEC. 6. COMMUNITY-BASED NATIONAL FOREST retary of Agriculture shall establish a pro- toration and Value-Added Centers shall pro- SYSTEM AND PUBLIC LANDS RES- gram of applied research using the resources vide technical assistance in— TORATION. of Forest Service Research Station and the (1) using the latest, independent peer re- (a) ESTABLISHMENT.—(1) Subject to para- Forest Product Laboratory. The purposes of viewed, scientific information and method- graph (2) and notwithstanding federal pro- the program shall be to— ology to accomplish restoration and eco- curement laws, the Federal Grant and Coop- (i) identify restoration methods and treat- system health objectives, erative Agreements Act of 1977 (31 U.S.C. 6301 ments that minimize impacts to the land,

VerDate May 23 2002 04:38 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.029 pfrm17 PsN: S24PT1 S5962 CONGRESSIONAL RECORD — SENATE June 24, 2002 such as through the use of low-impact tech- ployment rates, high poverty levels, decreas- cial assistance, opportunities for partner- niques and equipment; and ing school enrollment, changing demo- ships, innovative contracting mechanisms, (2) test and develop value-added products graphics as traditional employment opportu- program of applied research, and monitoring created from the by-products of restoration. nities dwindle. We are fortunate here in activities in your bill are critical to achiev- (b) DISSEMINATION OF RESEARCH TO COMMU- Wallowa County to have had the foresight to ing the restoration and maintenance of our NITIES.—The Secretary of Agriculture shall begin collaborative processes in the early public lands ecosystems and to sustaining disseminate the applied research to rural 1990’s with the creation of the Wallowa Coun- the rural economies dependent upon them. communities, including the Restoration and ty/Nez Perce Tribe Salmon Recovery Plain. We stand ready to help provide informa- Value-Added Centers, adjacent to or sur- I am proud to tell you that the remaining tion and education regarding your bold and rounded by National Forest System or public citizens of Wallowa County are resilient and exciting effort. lands. The Secretary of Agriculture shall an- have begun to embark on a restoration-based Sincerely, nually conduct training workshops and economy. We long for the day that many LYNN JUNGWIRTH, classes in such communities to ensure that contractors will be active in the forest per- Executive Director. residents of such communities have access to forming a myriad of restoration activities, the information. valued-added processing centers will be buzz- AMERICAN FORESTS, PEOPLE CARING (c) COOPERATION.—In establishing the pro- ing with activity, and entrepreneurs will be FOR TREES & FORESTS SINCE 1875, gram required pursuant to this section, the financially rewarded for innovation with Washington, DC, June 20, 2002. Secretary of Agriculture may partner with small diameter wood. We must retain the Hon. JEFF BINGAMAN, nonprofit organizations or community col- skilled workforce and their families and we Hon. LARRY CRAIG, leges. must ensure that they have the opportunity U.S. Senate, Washington, DC. (d) MONITORING.—In designing the to benefit economically for the work that DEAR SENATORS BINGAMAN AND CRAIG: I am multiparty monitoring and evaluation proc- they do. writing to express our support for the bill ess to assess the cumulative accomplish- Introduction of the Community Based For- you are introducing today, the Community ments or adverse impacts of projects imple- est and Public Lands Restoration Act is a Based Forest and Public Lands Restoration mented under this Act pursuant to section 4, step toward reinvigorating rural commu- Act. There is a great need for stronger and the Secretaries shall use the expertise of nities and restoring health to the ecosystems more consistent annual investment in pro- Forest Service Research Stations. in which they live. On behalf of my commu- grams that protect, restore, and maintain nity and many, many others across the na- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. public lands and resources. We applaud your tion, thank you for recognizing our needs There are authorized to be appropriated bipartisan effort to develop community- and working to address them. based programs to meet these objectives. We such sums as may be necessary to carry out I urge you to forward this legislation as ex- this Act. are especially pleased with the focus on im- peditiously as you can and escort it through plementing projects in a way that promotes the appropriations process. Adequate funding collaboration, builds community capacity, WALLOWA RESOURCES, for this legislation is critical to its success. Enterprise, OR, June 20, 2002. and establishes multi-party monitoring. If I can be of service in this endeavor, please These emphases are consistent with the prin- Hon. JEFF BINGAMAN, feel free to call upon me. ciples of community-based forestry that we Hon. LARRY CRAIG, Sincerely, U.S. Senate, and our community partners have developed MIKE HAYWARD, Washington, DC. over recent years. Chair. American Forests is the oldest national DEAR SENATORS BINGAMAN AND CRAIG: The nonprofit organization in the U.S. Since 1875, Community Based Forest and Public Lands THE WATERSHED RESEARCH AND we have worked with scientists, resource Restoration Act that you are introducing on TRAINING CENTER, managers, policymakers, and citizens to pro- Monday is yet another indication of your Hayford, CA, June 20, 2002. mote policies and programs that help people true commitment to the health of rural com- Hon. JEFF BINGAMAN, improve the environment with trees and for- munities and the ecosystems in which they Hon. LARRY CRAIG, ests. We partner with public and private or- reside. I applaud your foresight into the U.S. Senate, ganizations in communities around the coun- issues that forested communities are facing, Washington, DC. try providing technical information and re- not only in the West, but also in the Nation DEAR SENATORS BINGAMAN AND CRAIG: I am sources to leverage local actions. as a whole. writing to express our support for the bill We believe your bill is an excellent vehicle Wallowa Resources is a non-profit, commu- you are introducing today, the Community for addressing some of the most challenging nity based organization that is focused on Based Forest and Public Lands Restoration concerns of facing resource managers and re- blending the needs of the land and commu- Act. There is a great need for stronger and source-dependent communities in the United nity in an area where public land issues have more consistent annual investment in pro- States. Hazardous fuels build-up, insect in- had an incredibly negative impact on the grams that protect, restore, and maintain festation, and the degradation of fish and livelihoods of people and the health of the re- public lands and resources. We applaud your wildlife habitat are among key concerns on sources. Our experience with collaboration, bipartisan effort to develop community- the land. Collaborative projects involving the need to build community capacity, and based programs to meet these objectives. We communities present promising means to ad- the benefit of performing adaptive manage- are especially pleased with the focus on im- dress these problems while building commu- ment driven by monitoring have highlighted plementing projects in a way that promotes nity capacity. The American public depends the importance of legislation that is focused collaboration, builds community capacity, on public and private organizations and the on restoration of our public lands. It is im- and establishes multi-party monitoring. workers in resource-dependent communities perative that restoration be performed with These emphases are consistent with the prin- to do ever-more-critical restoration work on the economic and social well being of com- ciples of community-based forestry that we our federal lands. The technical and finan- munities in mind. This legislation is a vehi- and our community partners have developed cial assistance, opportunities for partner- cle to address many of the most challenging over recent years. ships, innovative contracting mechanisms, concerns we face. The Watershed Center has been working program of applied research, and monitoring Thank you again for your interest and with USFS/BLM partners for over 10 years to activities in your bill are critical to achiev- commitment to resource health and the well try to build the local workforce for restora- ing the restoration and maintenance of our being of rural communities. If I can be of as- tion on public lands. We are ecstatic that public lands ecosystems and to sustaining sistance or provide additional information, you are providing congressional leadership the rural economies dependent upon them. please feel free to contact me. I am eager to for building a new vision for community We appreciate your leadership in calling help in any way possible. stewardship and a new reality for forest res- attention to the need to increase support for Sincerely, toration. collaborative, community-based restoration DIANE SNYDER, We believe your bill is an excellent vehicle projects. If we can be of any assistance with Executive Director. for addressing some of the most challenging respect to your new bill, we stand ready to concerns facing resource managers and re- help. WALLOWA COUNTY source-dependent communities in the United Sincerely, BOARD OF COMMISSIONERS, States. Hazardous fuels build-up, insect-in- DEBORAH GANGLOFF, State of Oregon, June 21, 2002. festation, and the degradation of fish and Executive Director. Hon. JEFF BINGAMAN, wildlife habitat are among key concerns on Hon. LARRY CRAIG, the land. Collaborative projects involving Mr. CRAIG. Madam President, today U.S. Senate, communities present promising means to ad- I am introducing legislation to author- Washington, DC. dress these problems while building commu- ize a community-based forestry pro- DEAR SENATORS BINGAMAN AND CRAIG: As nity capacity. The American public depends an elected official in Wallowa County, I on public and private organizations and the gram aimed at ensuring small busi- struggle every day with the economic reali- workers in resource-dependent communities nesses in small rural communities have ties for public land communities in the to do ever-more-critical restoration work on the ability to participate in all land Northwest. We continue to see high unem- our federal lands. The technical and finan- management programs that the Forest

VerDate May 23 2002 04:38 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.032 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5963 Service and the Bureau of Land Man- We understood that we needed to ator BINGAMAN and myself as we devel- agement undertake through contract construct more opportunities for our oped this proposal. We held lengthy services. I am pleased to be introducing Federal land managers to work coop- hearings to which many in the coali- this legislation with Senator BINGA- eratively with the people living in tion traveled long distances to partici- MAN. His persistence in working on this these rural communities. We under- pate. They have been inspirational in legislation is a testament to his inter- stood that we needed to change dynam- their willingness to think outside the est in sound forest management that is ics so the knowledge, logic and wisdom box and to work with our staff to refine good for the environment, as well as harbored within the citizen of these this proposal. good for thousands of small rural com- small rural communities could be munities. tapped to improve our public lands. f Senator BINGAMAN and I both under- The legislation that we are intro- stand that we have fundamental prob- ducing today will authorize the estab- lems with the management of many of lishment of Restoration and Value- SUBMITTED RESOLUTIONS our public lands. We both have seen the Added Centers designed to help small devastation that catastrophic fires are communities and business be better imposing on our Western forests. Two prepared to help our Federal land man- SENATE RESOLUTION 289—EX- years ago as a result of the Cerro agers complete the forest management PRESSING THE SENSE OF THE Grande Fire that consumed portions of work that our forests so desperately SENATE THAT A COMMEMORA- Los Alamos, New Mexico, many Ameri- need. TIVE POSTAGE STAMP SHOULD cans had to face up to the deplorable When Congress directed the Forest BE ISSUED TO CELEBRATE THE forest health conditions and the dev- Service, BLM and other land manage- BICENTENNIAL OF THE LOU- ment agencies to develop the National astating impacts of these catastrophic ISIANA PURCHASE fires. The recent fires in Colorado, New Fire Management Plan, and then in- Mexico and now Eastern Arizona are creased funding for fire prevention, Ms. LANDRIEU (for herself and Mr. re-enforcing the message that we sim- suppression, and restoration activities, BREAUX) submitted the following reso- ply cannot stand back and ignore the many of the proponents expected much lution; which was referred to the Com- deplorable health conditions in our of the work would be funneled to small- mittee on Governmental Affairs: public forests. er communities to take advantage of S. RES. 289 While many in the West, including the expertise that exists in these com- Resolved, Senator BINGAMAN and myself, have munities, as well as to help stabilize long understood the challenge of poor the economies of these areas. Sadly SECTION 1. SENSE OF THE SENATE THAT A COM- MEMORATIVE POSTAGE STAMP forest health followed by these con- most of the Federal agency’s funding SHOULD BE ISSUED TO CELEBRATE flagrations, nothing focuses your at- and efforts have been consumed with THE BICENTENNIAL OF THE LOU- tention like a community in your fire fighting and by the looks of this ISIANA PURCHASE. State consumed in a raging forest fire. fire season that is not going to improve (a) FINDINGS.—The Senate finds the fol- As a result of this watershed event, any time soon. Very little restoration lowing: Congress put together the funding for work to reduce the risk of intense fires (1) The Bicentennial of the Louisiana Pur- chase occurs in 2003, 200 years after the the National Fire Plan. before they occur has been undertaken. United States, under the Presidency of Having grown up near Cascade, ID, I Thus, we have not seen sufficient ef- Thomas Jefferson and after approval by Con- know that large forest fires are not forts made to take advantage of the gress, paid $15,000,000 to acquire the 800,000 new to our community. But when in human resource located in these small square mile territory stretching from Can- the space of three years a third of two rural communities. ada to the Gulf of Mexico and from the Mis- national forests were consumed in I believe the legislation Senator sissippi River to the Rocky Mountains. (2) The Louisiana Purchase doubled the large intense fires, such as those that BINGAMAN and I are introducing today size of the United States and still remains occurred on the Boise and Payette Na- will help the Federal land managers the largest peaceful land transaction in his- tional Forest in 1994 and 1996, you are take advantage of the local and tradi- tory. forced to conclude something has gone tional knowledge as well as take ad- (3) The Louisiana Purchase, following ex- haywire with our public land’s manage- vantage of the under utilized woods ploration by Meriwether Lewis and William ment. workforces that have been put out of Clark, allowed an unprecedented age of set- For a number of years I watched the work over the last decade. This legisla- tlement and achievement by the people of implementation of the Pacific North- tion will help small community and the United States in the Nation’s heartland. west Forest Plan. I watched to see if consensus-based groups who are eager (4) The land acquired in the Louisiana Pur- chase comprised all or part of the States of the community assistance funding to undertake work designed to improve Arkansas, Colorado, Iowa, Kansas, Lou- would trickle down to the small com- our public lands. It will help our fed- isiana, Minnesota, Missouri, Montana, Ne- munities and to the workers that were eral land managers reestablish a close braska, New Mexico, North Dakota, Okla- displaced as a result of the plan. Sadly, working relationship with these com- homa, South Dakota, Texas, and Wyoming. the evidence is that in the smaller munities and it will be very good for (5) Commemoration of the Louisiana Pur- more rural communities many of the the public land. chase and the subsequent opening of the displaced workers did not benefit from Like any new experimental program American heartland through the issuance of a United States postage stamp would— those programs. we have included a number of provi- (A) heighten public awareness of the im- In 2000, with the help of Senator sions that first are designed to phase pact of the Louisiana Purchase on the Amer- BINGAMAN, Senator WYDEN and I intro- into these new relationships and sec- ican society through the expansion and de- duced and passed the Secure Rural ondly, designed to ensure that the Res- velopment of the West; and Schools and Community Self-Deter- toration and Value-Added Centers will (B) benefit the American public by pro- mination Act. This legislation includes not become a long term financial bur- viding a lesson for continued democratic provisions to empower rural commu- den to the American public. We have governance in the United States. nities to work with the federal land included provisions to shift away from (b) SENSE OF THE SENATE.—It is the sense managers to undertake consensus- federal financing and toward private of the Senate that the Citizens’ Stamp Advi- sory Committee should recommend to the based projects designed to help meet funding sources five years after the Postmaster General that a commemorative the resource needs of the agency and to opening of the centers. Additionally, postage stamp be issued in 2003 to celebrate develop projects that will generate the we have included monitoring provi- the Bicentennial of the Louisiana Purchase. economic activity so desperately need- sions so we can track these new pro- SEC. 2. TRANSMITTAL TO CITIZENS’ STAMP ADVI- ed in many of our small rural commu- grams and make corrections as needed. SORY COMMITTEE. nities. In spite of our success Senator Finally, I would be remiss if I did not The Secretary of the Senate shall transmit BINGAMAN and I knew that more had to recognize the coalition who helped to a copy of this resolution to the chairperson be done. form and clarify the thinking of Sen- of the Citizens’ Stamp Advisory Committee.

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G24JN6.059 pfrm17 PsN: S24PT1 S5964 CONGRESSIONAL RECORD — SENATE June 24, 2002 SENATE RESOLUTION 290—EX- bill S. 2514, supra; which was ordered to lie SA 3968. Mr. SANTORUM submitted PRESSING THE SENSE OF THE on the table. an amendment intended to be proposed SENATE REGARDING THE DES- SA 3971. Mr. BOND submitted an amend- by him to the bill S. 2514, to authorize IGNATION OF JUNE 24, 2002 ment intended to be proposed by him to the appropriations for fiscal year 2003 for bill S. 2514, supra; which was ordered to lie THROUGH JULY 24, 2002 AS on the table. military activities of the Department FRENCH HERITAGE MONTH (LE SA 3972. Mr. LOTT submitted an amend- of Defense, for military construction, MOIS DE L’HERITAGE FRANCAIS) ment intended to be proposed by him to the and for defense activities of the De- Mr. SMITH of New Hampshire sub- bill S. 2514, supra; which was ordered to lie partment of Energy, to prescribe per- mitted the following resolution; which on the table. sonnel strengths for such fiscal year was considered and agreed to: f for the Armed Forces, and for other purposes; which was ordered to lie on S. RES. 290 TEXT OF AMENDMENTS the table; as follows: Whereas millions of Americans trace their SA 3966. Mr. INOUYE submitted an On page 23, line 24, increase the amount by ancestry to France, Quebec, Acadia, or other amendment intended to be proposed by French speaking parts of the world; $1,000,000. On page 13, line 15, reduce the amount by Whereas the United States shares a com- him to the bill S. 2514, to authorize ap- $1,000,000. mon border with Canada, a country with propriations for fiscal year 2003 for military activities of the Department which we have also shared a long history of SA 3969. Mr. SMITH of New Hamp- cordial relations and prosperous trade; of Defense, for military construction, shire (for himself, Ms. CANTWELL, Mr. Whereas brave French settlers helped es- and for defense activities of the De- GRASSLEY, Mr. DAYTON, Mr. REED, Mr. tablish New France in the 16th century; partment of Energy, to prescribe per- CRAIG, Ms. LANDRIEU, Mr. HARKIN, Mrs. Whereas King Louis XVI, the Marquis De sonnel strengths for such fiscal year BOXER, and Ms. MIKULSKI) proposed an LaFayette, and other brave Frenchmen made for the Armed Forces, and for other immeasurable contributions in our War for amendment to the bill S. 2514, to au- Independence; purposes; which was ordered to lie on thorize appropriations for fiscal year Whereas Alexis de Tocqueville’s classic the table; as follows: 2003 for military activities of the De- book ‘‘Democracy in America’’ has taught On page 100, between lines 3 and 4, insert partment of Defense, for military con- and inspired generations of American stu- the following: struction, and for defense activities of dents; SEC. 503. INCREASED GRADE FOR HEADS OF the Department of Energy, to prescribe Whereas French Major Charles Pierre NURSE CORPS. personnel strengths for such fiscal year L’Enfant helped design the city plan of the (a) ARMY.—Section 3069(b) of title 10, capital of this Nation; United States Code, is amended by striking for the Armed Forces, and for other Whereas the people of the United States ‘‘brigadier general’’ in the second sentence purposes; as follows: share with the French people a common love and inserting ‘‘major general’’. On page 125, between lines 13 and 14, insert for liberty; (b) NAVY.—The first sentence of section the following: Whereas the Statue of Liberty was pre- 5150(c) of such title is amended— SEC. 554. WEAR OF ABAYAS BY FEMALE MEM- sented as a gift from France to the people of (1) by inserting ‘‘rear admiral (upper half) BERS OF THE ARMED FORCES IN New York, and was created by sculptor Fred- in the case of an officer in the Nurse Corps SAUDI ARABIA. eric-Auguste Bartholdi; or’’ after ‘‘for promotion to the grade of’’; (a) PROHIBITIONS RELATING TO WEAR OF Whereas the United States and France and ABAYAS.—No member of the Armed Forces have fought together against Nazism, Fas- (2) by inserting ‘‘in the case of an officer in having authority over a member of the cism, Communism, and Imperialism; the Medical Service Corps’’ after ‘‘rear admi- Armed Forces and no officer or employee of Whereas the pride and work ethic of the ral (lower half)’’. the United States having authority over a Franco-American community has contrib- (c) AIR FORCE.—Section 8069(b) of such title member of the Armed Forces may— uted greatly to the prosperity and culture of is amended by striking ‘‘brigadier general’’ (1) require or encourage that member to this Nation: Now, therefore, be it in the second sentence and inserting ‘‘major wear the abaya garment or any part of the Resolved, that it is the sense of the Senate general’’. abaya garment while the member is in the that— Kingdom of Saudi Arabia pursuant to a per- (1) June 24, 2002 through July 24, 2002, en- SA 3967. Mrs. CLINTON submitted an manent change of station or orders for tem- compassing the celebration of La Fete St. amendment intended to be proposed by porary duty; or Jean Baptiste and the commemoration of her to the bill S. 2514, to authorize ap- (2) take any adverse action, whether for- Bastille Day, be designated as French Herit- mal or informal, against the member for propriations for fiscal year 2003 for choosing not to wear the abaya garment or age Month (Le Mois De L’Heritage Francais); military activities of the Department and any part of the abaya garment while the (2) appropriate observances should be held of Defense, for military construction, member is in the Kingdom of Saudi Arabia during this period throughout the country by and for defense activities of the De- pursuant to a permanent change of station public and private groups and institutions. partment of Energy, to prescribe per- or orders for temporary duty. (b) INSTRUCTION.—(1) The Secretary of De- f sonnel strengths for such fiscal year for the Armed Forces, and for other fense shall provide each female member of the Armed Forces ordered to a permanent AMENDMENTS SUBMITTED AND purposes; which was ordered to lie on PROPOSED change of station or temporary duty in the the table; as follows: Kingdom of Saudi Arabia with instructions SA 3966. Mr. INOUYE submitted an amend- At the end of subtitle E of title X, add the regarding the prohibitions in subsection (a) ment intended to be proposed by him to the following: immediately upon the arrival of the member bill S. 2514, to authorize appropriations for SEC. 1065. AUTHORITY TO MAKE PAYMENT TO at a United States military installation fiscal year 2003 for military activities of the HARRIET TUBMAN HOME, AUBURN, within the Kingdom of Saudi Arabia. The in- Department of Defense, for military con- NEW YORK. structions shall be presented orally and in struction, and for defense activities of the (a) AUTHORITY.—(1) The Secretary of De- writing. The written instruction shall in- Department of Energy, to prescribe per- fense may, out of any amounts available for clude the full text of this section. sonnel strengths for such fiscal year for the obligation, make a payment to the Harriet (2) In carrying out paragraph (1), the Sec- Armed Forces, and for other purposes; which Tubman Home in Auburn, New York, in the retary shall act through the Commander in was ordered to lie on the table. amount of $11,750. Chief, United States Central Command and SA 3967. Mrs. CLINTON submitted an (2) The amount specified in paragraph (1) is amendment intended to be proposed by her Joint Task Force Southwest Asia, and the the amount of widow’s pension that Harriet to the bill S. 2514, supra; which was ordered commanders of the Army, Navy, Air Force, Tubman should have received from January to lie on the table. and Marine Corps components of the United SA 3968. Mr. SANTORUM submitted an 1899 to March 1913 under various laws author- States Central Command and Joint Task amendment intended to be proposed by him izing pension for the death of her husband, Force Southwest Asia. to the bill S. 2514, supra; which was ordered Nelson Davis, a deceased veteran of the Civil (c) PROHIBITION ON USE OF FUNDS FOR PRO- to lie on the table. War, but did not receive, adjusted for infla- CUREMENT OF ABAYAS.—Funds appropriated SA 3969. Mr. SMITH, of New Hampshire tion since March 1913. or otherwise made available to the Depart- (for himself, Ms. CANTWELL, Mr. GRASSLEY, (b) USE OF AMOUNTS.—The Harriet Tubman ment of Defense may not be used to procure Mr. DAYTON, Mr. REED, Mr. CRAIG, Ms. Home shall use any amounts received paid abayas for regular or routine issuance to LANDRIEU, Mr. HARKIN, Mrs. BOXER, and Ms. under subsection (a) for purposes of— members of the Armed Forces serving in the MIKULSKI) proposed an amendment to the (1) preserving and maintaining the Harriet Kingdom of Saudi Arabia or for any per- bill S. 2514, supra. Tubman Home; and sonnel of contractors accompanying the SA 3970. Mr. DURBIN submitted an amend- (2) honoring the memory of Harriet Tub- Armed Forces in the Kingdom of Saudi Ara- ment intended to be proposed by him to the man. bia in the performance of contracts entered

VerDate May 23 2002 03:31 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.034 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5965 into with such contractors by the United (9) since the terrorist attacks of September (3) the cost of equipment needed to allow a States. 11, 2001, the need for fully equipped and task force to operate in an environment con- trained task forces is obvious; taminated by weapons of mass of destruc- SA 3970. Mr. DURBIN submitted an (10) by noon of September 12, 2001, eight tion, including chemical, biological, and nu- amendment intended to be proposed by task forces were working valiantly with the clear/radioactive contaminants; him to the bill S. 2514, to authorize ap- courageous New York firefighters to address (4) the cost of training, including training propriations for fiscal year 2003 for the aftermath of the terrorist attacks on the for operating in an environment contami- military activities of the Department World Trade Center, four task forces re- nated by weapons of mass destruction, in- cluding chemical, biological, and nuclear/ra- of Defense, for military construction, sponded to the attacks on the Pentagon, and 25 of 28 task forces were deployed over a dioactive weapons; and for defense activities of the De- three-week period; (5) the cost of transportation; partment of Energy, to prescribe per- (11) each task force is currently in need of (6) the cost of task force expansion; and sonnel strengths for such fiscal year additional training and support equipment (7) the cost of Incident Support Teams, in- for the Armed Forces, and for other with each task force being deployed with cluding the cost to conduct appropriate task purposes; which was ordered to lie on some 80,000 lbs. of search, rescue and support force readiness evaluations. (b) COST OF OPERATIONS.—The Director the table; as follows: equipment valued at some $1,800,000; (12) each task force is supported by some shall provide not less than $1,500,000 for oper- [The amendment was not available $150,000 per year in operating costs with with ational costs to each urban search and res- for printing. It will appear in a future needs of approximately $1,500,000 to maintain cue task force in each fiscal year. edition of the RECORD.] optimum operational efficiency; (c) PRIORITY FOR FUNDING.—The Director (13) many task forces have inadequate shall prioritize all funding under this section SA 3971. Mr. BOND submitted an transportation to ensure a timely response to ensure that all urban search and rescue amendment intended to be proposed by to disasters, including acts of terrorism; task forces have the capacity, including all him to the bill S. 2514, to authorize ap- (14) the cost of maintaining FEMA’s Inci- needed equipment and training, to deploy dent Support Teams as part of the search two separate task forces simultaneously propriations for fiscal year 2003 for from each sponsoring agency. military activities of the Department and rescue task forces is $5,000,000 per year; SEC. 3305. GRANT REQUIREMENTS. of Defense, for military construction, (15) the Federal Government needs to en- sure that each task force is adequately The Director shall establish such require- and for defense activities of the De- trained and equipped to perform urban ments as necessary to award grants under partment of Energy, to prescribe per- search and rescue functions in all environ- this Act. sonnel strengths for such fiscal year ments, including the aftermath from acts of SEC. 3306. TECHNICAL ASSISTANCE FOR COORDI- for the Armed Forces, and for other terrorism involving weapons of mass de- NATION. purposes; which was ordered to lie on struction; The Director may award no more than four the table; as follows: (16) the Federal Government needs to en- percent of the funds appropriated for any fis- sure that each task force has adequate equip- cal year under section 3309 for technical as- At the end of the bill add the following new sistance to allow urban search and rescue Title (and renumber accordingly): ment to meet all operational needs and staff support. task forces to coordinate with other agencies TITLE XXXIII—NATIONAL URBAN (17) the Federal Government needs to en- and organizations, including career and vol- SEARCH AND RESCUE TASK FORCE AU- sure that each task force has the capability unteer fire departments, to meet state and THORIZATION to put two full teams in the field to meet local disasters, including those resulting SEC. 3301. SHORT TITLE. any disaster or act of terrorism; from acts of terrorism involving the use of a This title may be cited as the ‘‘National (18) the Federal Government needs to en- weapon of mass destruction including chem- Urban Search and Rescue Task Force Assist- sure that designated task forces have the ca- ical, biological, and nuclear/radioactive ance Act of 2002’’. pability to deploy internationally to provide weapons. ‘‘SEC. 3302. FINDINGS AND PURPOSE. search and rescue functions vital to our in- SEC. 3307. ADDITIONAL TASK FORCES. (a) FINDINGS.—The Congress finds that— terests and those of our allies; and The Director is authorized to establish ad- (1) the Federal Emergency Management (19) while these task forces were originally ditional urban search and rescue teams pur- Agency (FEMA) established the National created for earthquake response, these high- suant to a finding of need. No additional Urban Search and Rescue Response System ly capable task forces have an expanding and urban search and rescue teams may be des- in 1989 pursuant to requirement in the Earth- vital role in responding to acts of terrorism, ignated or funded until the first 28 teams are quakes Hazards Reduction Act of 1977 which including those involving weapons of mass fully funded and able to deploy simulta- directed FEMA to provide adequate search destruction. neously two task forces from each spon- and rescue capacity in the event of an earth- (b) PURPOSE.—The purpose of this act is to soring agency with all necessary equipment, quake. provide the needed funds, equipment and training and transportation. (2) once the President has issued a major training to ensure that all urban search and SEC. 3308. PERFORMANCE OF SERVICES. disaster declaration following a request by a rescue task forces have the full capability to For purpose of ensuring the effectiveness governor, FEMA may activate up to three respond to all emergency search and rescue of the urban search and rescue task forces task forces that are closest to the disaster needs arising from any disaster, including assisted under this Act, the Director may and additional task forces may be activated acts of terrorism involving a weapon of mass use the authority under section 306 of the as necessary; destruction. Robert T. Stafford Disaster Relief and Emer- (3) each task force must be able to deploy SEC. 3303. DEFINITIONS. gency Assistance Act of 1988, as amended (42 all personnel and equipment within six hours For purposes of this title, the following U.S.C. 5149), to incur any additional obliga- of activation and are expected to be able to definitions apply: tions as determined necessary by the Direc- sustain themselves for the first 72 hours of (1) The term ‘‘Director’’ shall mean the Di- tor. operations; SEC. 3309. AUTHORIZATION OF APPROPRIATIONS. (4) each task force must be capable of de- rector of the Federal Emergency Manage- There is authorized to be appropriated ploying at least 62 fully trained individuals, ment Agency. (2) The term ‘‘urban search and rescue task $160,000,000 for fiscal year 2003 of which each with each position staffed three deep to en- force’’ shall be any of the 28 urban search task force is to receive not less than sure the availability of at least two alter- and rescue task forces currently designated $1,500,000 for operational costs (including the natives available in reserve for each position by FEMA. costs of basic search and rescue equipment), for a total of 186 members in each task force; and there is authorized to be appropriated (5) task forces are supported by Incident (3) The term ‘‘urban search and rescue such sums as necessary for all subsequent Support Teams which provide technical as- equipment’’ means any equipment, deter- fiscal years. sistance to state and local emergency man- mined by the Director, as necessary to re- spond to any emergency, designated as a dis- agers, coordinate the activities of multiple SA 3972. Mr. LOTT submitted an task forces and provide logistical support; aster by the President of the United States, (6) in fiscal year 2001, FEMA provided including any emergency for which the prox- amendment intended to be proposed by $7,200,000 to the task forces for training and imate cause is a terrorist act, including bio- him to the bill S. 2514, to authorize ap- equipment, allocated according to need; logical, nuclear/radioactive, or chemical ter- propriations for fiscal year 2003 for (7) in fiscal year 2001, FEMA provided some rorism. military activities of the Department $6,000,000 for upgrading the capability of six SEC. 3304. ASSISTANCE. of Defense, for military construction, task forces to respond to disaster resulting (a) ELIGIBLE ACTIVITIES.—The Director and for defense activities of the De- from the use of weapons of mass destruction, may provide one or more grants to each partment of Energy, to prescribe per- including the capacity to search and provide urban search and rescue task force for: assistance in an environment with chemical, (1) operational costs in excess of the funds sonnel strengths for such fiscal year biological, or radiological contamination; provided under subsection (b) of this section; for the Armed Forces, and for other (8) there currently are 28 task forces (2) the cost of all needed urban search and purposes; which was ordered to lie on throughout the United States; rescue equipment; the table; as follows:

VerDate May 23 2002 04:38 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.038 pfrm17 PsN: S24PT1 S5966 CONGRESSIONAL RECORD — SENATE June 24, 2002 At the end of subtitle B of title X, add the ine the impacts of drought on Reclama- MEASURE READ THE FIRST following: tion projects in New Mexico, particu- TIME—H.R. 4931 SEC. 1024. TRANSFERS OF NAVAL VESSELS TO larly the Rio Grande and Pecos River CERTAIN FOREIGN COUNTRIES. Mr. REID. Madam President, I under- basins. stand that H.R. 4931 is at the desk, and (a) TRANSFERS BY SALE.—The Secretary of The hearing will take place on Tues- the Navy is authorized to transfer vessels to I ask for its first reading. foreign countries on a sale basis under sec- day, July 2, at 2:00 p.m. at a location to The PRESIDING OFFICER. The tion 21 of the Arms Export Control Act (22 be announced. clerk will read the title of the bill the U.S.C. 2761) as follows: Those wishing to submit written first time. (1) TAIWAN.—To the Taipei Economic and statements on the subject matter of The legislative clerk read as follows: Cultural Representative Office in the United this hearing should address them to A bill (H.R. 4931) to provide that the pen- States (which is the Taiwan instrumentality the Committee on Energy and Natural sion and individual retirement arrangement designated pursuant to section 10(a) of the Resources, United States Senate, provisions of the Economic Growth and Tax Taiwan Relations Act), the KIDD class guid- Washington, DC 20510. Relief Reconciliation Act of 2001 shall be per- ed missile destroyers KIDD (DDG 993), For further information, please call manent. CALLAGHAN (DDG 994), SCOTT (DDG 995), Mike Connor at 202–224–5479. Mr. REID. I ask for its second read- and CHANDLER (DDG 996). ing and object to my own request. COMMITTEE ON INDIAN AFFAIRS (2) TURKEY.—To the Government of Tur- The PRESIDING OFFICER. Objec- key, the OLIVER HAZARD PERRY class Mr. INOUYE. Mr. President, I would tion having been heard, the bill will re- guided missile frigates ESTOCIN (FFG 15) like to announce that the Committee and SAMUEL ELIOT MORISON (FFG 13). ceive its second reading on the next on Indian Affairs will meet on Wednes- legislative day. (3) MEXICO.—To the Government of Mexico, day, June 26, 2002, at 10:00 a.m. in Room the NEWPORT class tank landing ship 628 of the Dirksen Senate Office Build- f FREDERICK (LST 1184). (b) CONSTRUCTION WITH OTHER TRANSFER ing to conduct an oversight hearing on FRENCH HERITAGE MONTH AUTHORITY.—The authority to transfer ves- the status of the dialogue between the Mr. REID. Madam President, I ask sels on a sale basis under paragraph (1) or (2) U.S. Department of the Interior and unanimous consent that the Senate of subsection (a) is in addition to the author- American Indian and Alaska Native proceed to the consideration of S. Res. ity to transfer the vessels referred to in the leaders on various alternatives for the 290, which was submitted earlier today such paragraph under section 1011(b) of the reorganization of the Department of by Senator SMITH of New Hampshire. National Defense Authorization Act for Fis- the Interior to improve the Depart- The PRESIDING OFFICER. The cal Year 2002 (Public Law 107–107; 115 Stat. ment’s management of tribal trust 1210). clerk will report the resolution by (c) REQUIREMENT FOR PROVISION IN AD- funds. title. VANCE IN AN APPROPRIATIONS ACT.—Author- Those wishing additional information The legislative clerk read as follows: ity to transfer vessels on a sale basis under may contact the Indian Affairs Com- A resolution (S. Res. 290) expressing the subsection (a) is effective only to the extent mittee at 224–2251. sense of the Senate regarding the designa- that authority to effectuate such transfers, COMMITTEE ON INDIAN AFFAIRS tion of June 24, 2002, through July 24, 2002, as together with appropriations to cover the as- Mr. INOUYE. Mr. President, I would French Heritage Month (Le Mois De L’Heritage Francais). sociated cost (as defined in section 502 of the like to announce that the Committee Congressional Budget of 1974 (2 U.S.C. 661(a)), There being no objection, the Senate on Indian Affairs will meet on Wednes- are provided in advance in an appropriations proceeded to consider the resolution. day, July 10, 2002, at 10:00 a.m. in Room Act. Mr. SMITH of New Hampshire. (d) NOTIFICATION OF CONGRESS.—Not later 485 of the Russell Senate Office Build- Madam President, today is June 24, St. than 30 days after the date of the enactment ing to conduct an oversight hearing on Jean Baptiste Day, or St. John the of this Act, the Secretary of the Navy shall Native American Elder Health Issues. Baptist Day, a day of recognition and submit to Congress, for each naval vessel Those wishing to additional informa- that is to be transferred under this section remembrance. tion may contact the Indian Affairs Today is also the first day of ‘‘French before January 1, 2003, the notifications re- Committee at 224–2251. quired under section 516 of the Foreign As- Heritage Month’’ in many States. This sistance Act of 1961 (22 U.S.C. 2331j) and sec- f month also encompasses Bastille Day. tion 525 of the Foreign Operations, Export PRIVILEGES OF THE FLOOR I believe that we should also recog- Financing, and Related Programs Appropria- nize the contributions of French Amer- tions Act, 1998 (Public Law 105–118; 111 Stat. Mr. DORGAN. Mr. President, on be- icans at the national level. This resolu- 2413). half of Senator CANTWELL, I ask unani- tion will do just that. (e) COSTS OF TRANSFERS.—Any expense in- mous consent that Darlene Iskra, a leg- Many of my constituents in New curred by the United States in connection islative fellow in her office be granted Hampshire are of French descent. New with a transfer authorized by this section floor privileges during the consider- shall be charged to the recipient. Hampshire also, along with many other ation of S. 2514. States, shares a common border with (f) REPAIR AND REFURBISHMENT IN UNITED The PRESIDING OFFICER. Without STATES SHIPYARDS.—To the maximum extent Quebec. Our French-Canadian partners practicable, the President shall require, as a objection, it is so ordered. have been great allies and partners in condition of the transfer of a vessel under Mr. LEVIN. Mr. President, I ask trade. Millions of Americans trace this section, that the country to which the unanimous consent that James their ancestry to France, Quebec, Aca- vessel is transferred have such repair or re- Clapsaddle of the Air Force, a legisla- dia or other French-speaking parts of furbishment of the vessel as is needed, before tive fellow in Senator CARNAHAN’s of- the world. the vessel joins the naval forces of that fice, be granted the privilege of the Many of my fellow Granite Staters country, performed at a shipyard located in floor for the duration of the debate on the United States, including a United States are proud of their French heritage, as S. 2514. well they should, because the French Navy shipyard. The PRESIDING OFFICER. Without (g) EXPIRATION OF AUTHORITY.—The au- heritage brings with it the virtues of thority to transfer a vessel under this sec- objection, it is so ordered. liberty and freedom; virtues that tion shall expire at the end of the two-year Mr. LEVIN. I ask unanimous consent helped us win our war for independ- period beginning on the date of the enact- that Pat Manners, a fellow in Senator ence. ment of this Act. JEFFORD’s office, be given the privilege King Louis XVI, the Marquis De La- f of the floor during the pendency of S. Fayette, and other brave Frenchmen 2514. NOTICES OF HEARINGS/MEETINGS made immeasurable contributions in The PRESIDING OFFICER. Without our war for independence. COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. After we won our independence, Alex- RESOURCES Mr. KENNEDY. Mr. President, I ask is De Toqueville fell in love with our Mr. BINGAMAN. Mr. President, unanimous consent that my military young country, and his writings on our would like to announce for the infor- fellow, Craig Faller, be afforded privi- fledgling democracy are still read by mation of the Senate and the public leges of the floor for the duration of S. American students today. that the Committee on Energy and 2514. French Maj. Charles Pierre L’Enfant Natural Resources has scheduled a field The PRESIDING OFFICER. Without helped design the city plan of our Na- hearing in Albuquerque, NM, to exam- objection, it is so ordered. tion’s Capital.

VerDate May 23 2002 04:38 Jun 25, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A24JN6.049 pfrm17 PsN: S24PT1 June 24, 2002 CONGRESSIONAL RECORD — SENATE S5967 The Statue of Liberty was presented Whereas the United States shares a com- ORDERS FOR TUESDAY, JUNE 25, as a gift from France to the people of mon border with Canada, a country with 2002 New York. which we have also shared a long history of Our shared virtues also helped us win cordial relations and prosperous trade; Mr. REID. Madam President, I ask two of the greatest wars against totali- Whereas brave French settlers helped es- unanimous consent that when the Sen- tarianism that this world has ever tablish New France in the 16th century; ate completes its business today, it ad- seen. Whereas King Louis XVI, the Marquis De journ until 10 a.m., on Tuesday, June Over the years, the Franco-American LaFayette, and other brave Frenchmen made 25; that following the prayer and people have given us many culinary de- immeasurable contributions in our War for pledge, the Journal of proceedings be lights, artistic pleasures, and a unique Independence; approved to date, the morning hour be Whereas Alexis de Tocqueville’s classic devotion to liberty and citizenship deemed expired, the time for the two without which our Nation would not be book ‘‘Democracy in America’’ has taught and inspired generations of American stu- leaders be reserved for their use later the same. dents; in the day, and that the Senate be in a Our Franco-American community Whereas French Major Charles Pierre period for morning business until 10:30 has enriched our common culture, and L’Enfant helped design the city plan of the a.m., with Senators permitted to speak many Franco-Americans are produc- capital of this Nation; for up to 10 minutes each, with the tive members of our society. Whereas the people of the United States time under the control of the majority Franco-Americans bring a unique share with the French people a common love leader or his designee; that at 10:30 perspective and contribute to the di- for liberty; a.m., the Senate resume consideration versity of our country, and they should Whereas the Statue of Liberty was pre- of the Department of Defense author- be recognized as such. sented as a gift from France to the people of ization bill; further, that the Senate I urge my colleagues to support this New York, and was created by sculptor Fred- recess from 12:30 to 2:15 p.m. for the legislation. eric-Auguste Bartholdi; weekly party conferences. Mr. REID. Madam President, I ask Whereas the United States and France unanimous consent that the resolution have fought together against Nazism, Fas- The PRESIDING OFFICER. Without and preamble be agreed to; that the cism, Communism, and Imperialism; objection, it is so ordered. motion to reconsider be laid upon the Whereas the pride and work ethic of the table; and that any statements regard- Franco-American community has contrib- f ing this matter be printed in the uted greatly to the prosperity and culture of ECORD. this Nation: Now, therefore, be it R ADJOURNMENT UNTIL 10 A.M. The PRESIDING OFFICER. Without Resolved, that it is the sense of the Senate TOMORROW objection, it is so ordered. that— The resolution (S. Res. 290) was (1) June 24, 2002 through July 24, 2002, en- Mr. REID. Madam President, if there agreed to. compassing the celebration of La Fete St. is no further business to come before The preamble was agreed to. Jean Baptiste and the commemoration of the Senate, I ask unanimous consent The resolution, with its preamble, Bastille Day, be designated as French Herit- reads as follows: that the Senate stand in adjournment age Month (Le Mois De L’Heritage Francais); under the previous order. S. RES. 290 and Whereas millions of Americans trace their (2) appropriate observances should be held There being no objection, the Senate, ancestry to France, Quebec, Acadia, or other during this period throughout the country by at 8:08 p.m., adjourned until Tuesday, French speaking parts of the world; public and private groups and institutions. June 25, 2002, at 10 a.m.

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