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, THURSDAY, JUNE 27, 2002 No. 88 House of Representatives The House met at 10 a.m. The Sergeant at Arms will notify ab- Johnson (IL) Miller, Jeff Serrano The Reverend Frederick J. Huscher, sent Members. Johnson, Sam Mink Sessions Jones (NC) Mollohan Shadegg Chaplain, Riverside County Sheriff’s The vote was taken by electronic de- Jones (OH) Moran (KS) Shaw Department, Riverside, California, of- vice, and there were—yeas 348, nays 59, Kanjorski Moran (VA) Shays fered the following prayer: answered ‘‘present’’ 1, not voting 26, as Kaptur Morella Sherman O gracious and loving Lord, quiet our follows: Keller Murtha Sherwood restless mind so that our hearts may Kelly Myrick Shimkus [Roll No. 267] Kennedy (RI) Nadler speak honestly in prayer and our spir- Shows YEAS—348 Kerns Napolitano Shuster its may listen carefully to Your coun- Kildee Neal Simmons sel and instruction. As sovereign Lord, Abercrombie Clement Gekas Kilpatrick Nethercutt Simpson You have placed into our simple hands Ackerman Coble Gephardt Kind (WI) Ney Skeen Akin Collins Gibbons King (NY) Norwood Skelton the overwhelming responsibility to Andrews Combest Gilchrest Kingston Ortiz Smith (MI) mold the course of this great Nation. Armey Cooksey Gillmor Kirk Osborne Smith (NJ) Lest pride cause us to forget that we Baca Cox Gilman Kleczka Ose Bachus Cramer Gonzalez Smith (TX) Knollenberg Otter are but Your appointed servants, cause Baker Crenshaw Goode Snyder Kolbe Pallone us to strive shoulder to shoulder to Baldacci Crowley Goodlatte Solis LaHood Pascrell Ballenger Cubin Gordon Souder maintain the noble heritage that we Lampson Paul are a free Nation under God by Your di- Barcia Culberson Goss Spratt Barr Cummings Graham Langevin Payne Stearns vine will and grace. May Your Spirit Barrett Cunningham Granger Lantos Pelosi Stenholm direct our hearts and mind to seek only Bartlett Davis (CA) Graves Larson (CT) Pence Stump what is right and pure for the people of Barton Davis (FL) Green (WI) Latham Peterson (PA) Sullivan LaTourette Petri this land, to make decisions which pro- Bass Davis, Jo Ann Greenwood Sununu Becerra Davis, Tom Grucci Leach Phelps tect our freedoms and promote the Sweeney Bentsen Deal Gutierrez Lee Pickering Tanner well-being of Your people. O God, we Bereuter DeGette Gutknecht Levin Pitts Tauscher honor You as the Lord of this Nation. Berkley Delahunt Hall (OH) Lewis (CA) Platts Taylor (NC) Berman DeLauro Hall (TX) Lewis (GA) Pombo Terry May our ministry glorify Your name Biggert DeLay Hansen Lewis (KY) Pomeroy Thomas and be a blessing to this land. Amen. Bilirakis DeMint Harman Linder Portman Thornberry Bishop Deutsch Hart Lipinski Pryce (OH) f Thune Blagojevich Diaz-Balart Hastings (WA) Lofgren Putnam Thurman THE JOURNAL Blumenauer Dingell Hayes Lowey Quinn Tiahrt Blunt Doggett Hayworth Lucas (KY) Radanovich The SPEAKER. The Chair has exam- Tiberi Boehlert Dooley Herger Lucas (OK) Rahall Tierney ined the Journal of the last day’s pro- Boehner Doolittle Hill Luther Rangel Toomey ceedings and announces to the House Bonilla Doyle Hilleary Lynch Regula Turner Bonior Dreier Hinojosa Maloney (NY) Rehberg his approval thereof. Bono Duncan Hobson Upton Manzullo Reyes Pursuant to clause 1, rule I, the Jour- Boozman Dunn Hoeffel Markey Reynolds Velazquez nal stands approved. Boswell Edwards Hoekstra Mascara Rivers Vitter Boucher Ehlers Holden Mr. WALDEN of Oregon. Mr. Speak- Matheson Rodriguez Walden Boyd Emerson Holt er, pursuant to clause 1, rule I, I de- Matsui Roemer Walsh Brady (TX) Engel Honda Rogers (KY) Wamp mand a vote on agreeing to the Speak- Brown (SC) Eshoo Hooley McCarthy (MO) McCarthy (NY) Rogers (MI) Watkins (OK) er’s approval of the Journal. Bryant Etheridge Horn Watson (CA) Burr Evans Hostettler McCollum Ros-Lehtinen The SPEAKER. The question is on Watt (NC) Burton Everett Houghton McCrery Ross the Speaker’s approval of the Journal. Watts (OK) Buyer Farr Hoyer McHugh Rothman The question was taken; and the Callahan Ferguson Hulshof McInnis Roybal-Allard Weiner Speaker announced that the ayes ap- Calvert Flake Hunter McIntyre Royce Weldon (FL) peared to have it. Camp Fletcher Hyde McKeon Rush Weldon (PA) Mr. WALDEN of Oregon. Mr. Speak- Cannon Foley Inslee McKinney Ryan (WI) Wexler Cantor Forbes Isakson Meehan Ryun (KS) Whitfield er, I object to the vote on the ground Capito Ford Issa Meeks (NY) Sanders Wicker that a quorum is not present and make Capps Fossella Istook Menendez Sawyer Wilson (NM) the point of order that a quorum is not Cardin Frank Jackson (IL) Mica Saxton Wilson (SC) present. Castle Frelinghuysen Jefferson Millender- Schiff Wolf Chabot Frost Jenkins McDonald Schrock Woolsey The SPEAKER. Evidently, a quorum Chambliss Gallegly John Miller, Dan Scott Young (FL) is not present. Clayton Ganske Johnson (CT) Miller, Gary Sensenbrenner

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

H4071

.

VerDate jun 06 2002 04:56 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.000 pfrm15 PsN: H27PT1 H4072 CONGRESSIONAL RECORD — HOUSE June 27, 2002 NAYS—59 minute on the guest chaplain by the [Roll No. 268] Aderholt Green (TX) Price (NC) gentleman from California (Mr. CAL- AYES—70 Allen Hastings (FL) Ramstad VERT). Baird Hefley Sabo Ackerman Honda Obey Baldwin Hilliard Sanchez f Allen Jefferson Olver Berry Jackson-Lee Sandlin Baird Johnson, E. B. Osborne Borski (TX) Schaffer INTRODUCTION OF CHAPLAIN Baldwin Jones (OH) Otter Brady (PA) Johnson, E. B. Schakowsky FRED HUSCHER Bentsen Kaptur Owens Brown (FL) Kennedy (MN) Slaughter Berry Kennedy (RI) Pelosi Brown (OH) Kucinich Strickland (Mr. CALVERT asked and was given Bishop Kolbe Pomeroy Capuano Larsen (WA) Stupak permission to address the House for 1 Bonior Lampson Rangel Brown (FL) Langevin Carson (IN) LoBiondo Taylor (MS) Sanders minute and to revise and extend his re- Brown (OH) Lantos Carson (OK) McDermott Thompson (CA) Sandlin marks.) Capito Larsen (WA) Clyburn McGovern Thompson (MS) Schiff Condit McNulty Udall (CO) Mr. CALVERT. Mr. Speaker, I am Carson (OK) Lewis (GA) Clyburn Lynch Slaughter Costello Miller, George Udall (NM) pleased and honored to welcome Chap- Solis Crane Moore Visclosky Conyers Markey Stark Davis (IL) Obey Waters lain Fred Huscher as our guest chap- Cubin McCarthy (NY) Stupak DeFazio Olver Weller lain in the House of Representatives DeFazio McDermott Thompson (CA) English Pastor Wu today. Chaplain Huscher serves as the Delahunt McGovern Filner Peterson (MN) Wynn Deutsch McNulty Tierney Riverside County Sheriff’s Department Dicks Meehan Towns ANSWERED ‘‘PRESENT’’—1 chaplain and is visiting Washington, Dingell Meeks (NY) Velazquez Tancredo D.C. as a member of the FBI Chaplains Doggett Miller, George Waters Steering Committee. Etheridge Mink Wexler NOT VOTING—26 Evans Moran (VA) Woolsey Chaplain Huscher served honorably Filner Neal Clay Maloney (CT) Roukema in the United States Air Force and Conyers Meek (FL) Smith (WA) NOES—332 Coyne Northup Stark then graduated with a degree of the- Dicks Nussle Tauzin ology from Concordia Seminary in Abercrombie Davis (FL) Holden Ehrlich Oberstar Towns Springfield, Illinois, in 1964. He moved Aderholt Davis (IL) Holt Fattah Owens Traficant Akin Davis, Jo Ann Horn on to work as pastor in Oregon and Andrews Hinchey Oxley Waxman Davis, Tom Hostettler Armey Deal Houghton Israel Riley Young (AK) Washington and obtained his Doctor of LaFalce Rohrabacher Ministry degree from Concordia Semi- Baca DeGette Hoyer Bachus DeLauro Hulshof b 1029 nary in Fort Wayne, Indiana. He set- Baker DeLay Inslee So the Journal was approved. tled in California in 1973. Baldacci DeMint Isakson After serving as vice president of the Ballenger Diaz-Balart Issa The result of the vote was announced Barr Dooley Istook as above recorded. Concordia University in Irvine, Cali- Barrett Doolittle Jackson (IL) fornia, Chaplain Huscher was hired in Bartlett Doyle Jackson-Lee f 1997 to be department chaplain and Barton Dreier (TX) PLEDGE OF ALLEGIANCE peer support coordinator for over 3,000 Bass Duncan Jenkins Becerra Dunn John The SPEAKER. Will the gentleman personnel of the Riverside County Bereuter Edwards Johnson (CT) from Oklahoma (Mr. WATTS) come for- Sheriff’s Department, located in my Berkley Ehlers Johnson (IL) congressional district. There he con- Berman Emerson Johnson, Sam ward and lead the House in the Pledge Biggert Engel Jones (NC) of Allegiance. tributed greatly to the well-being and Bilirakis English Kelly Mr. WATTS of Oklahoma led the overall morale of the sheriff’s depart- Blagojevich Eshoo Kennedy (MN) Pledge of Allegiance as follows: ment. Blumenauer Everett Kerns Some of his accomplishments include Blunt Farr Kildee I pledge allegiance to the Flag of the Boehlert Ferguson Kilpatrick United States of America, and to the Repub- acting as a state chaplain for the Peace Boehner Flake Kind (WI) lic for which it stands, one nation under God, Officers Research Association of Cali- Bonilla Foley King (NY) indivisible, with liberty and justice for all. fornia, serving on a panel for the Cali- Bono Forbes Kingston Boozman Ford Kirk f fornia Department of Justice Commis- Borski Fossella Kleczka sion on Peace Officer Standards and MESSAGE FROM THE SENATE Boswell Frank Knollenberg Training, and serving as the FBI chap- Boucher Frelinghuysen Kucinich A message from the Senate by Mr. lain for Los Angeles Field Office and Boyd Frost LaHood Monahan, one of its clerks, announced Brady (PA) Gallegly Larson (CT) the Riverside Resident Agency. Brady (TX) Ganske Latham that the Senate has passed with Chaplain Huscher’s life has been Brown (SC) Gekas LaTourette amendments in which the concurrence marked by continual service and dedi- Bryant Gibbons Leach of the House is requested a bill of the Burr Gilchrest Lee cation to the word of God, his commu- Burton Gillmor Levin House of the following title: nity, and his country. It is my distinct Buyer Gilman Lewis (CA) H.R. 2047. An act to authorize appropria- pleasure to welcome him to Wash- Callahan Gonzalez Lewis (KY) tions for the United States Patent and ington today and thank him on behalf Calvert Goode Linder Camp Goodlatte Lipinski Trademark Office for fiscal year 2002, and for of the United States House of Rep- other purposes. Cannon Gordon LoBiondo resentatives for our opening prayer. Cantor Goss Lofgren The message also announced that the Capps Graham Lowey Senate has passed bills of the following f Capuano Granger Lucas (KY) Cardin Graves Lucas (OK) titles in which the concurrence of the MOTION TO ADJOURN Carson (IN) Green (TX) Luther House is requested: Mr. MCNULTY. Mr. Speaker, I move Castle Green (WI) Maloney (CT) Chabot Greenwood Maloney (NY) S. 1041. An act to establish a program for that the House do now adjourn. an information clearinghouse to increase Chambliss Grucci Manzullo The SPEAKER pro tempore (Mr. Clayton Gutierrez Mascara public access to defibrillation in schools. LATOURETTE). The question is on the Clement Gutknecht Matheson S. 1646. An act to identify certain routes in Coble Hall (OH) Matsui the States of Texas, Oklahoma, Colorado, motion offered by the gentleman from Collins Hall (TX) McCarthy (MO) and New Mexico as part of the Ports-to- New York (Mr. MCNULTY). Combest Hansen McCollum Plains Corridor, a high priority corridor on The question was taken; and the Condit Harman McCrery the National Highway System. Speaker pro tempore announced that Cooksey Hart McHugh Costello Hastings (WA) McInnis S. 1754. An act to authorize appropriations the noes appeared to have it. for the United States Patent and Trademark Cox Hayes McIntyre RECORDED VOTE Coyne Hayworth McKeon Office for fiscal years 2003 through 2008, and Cramer Hefley McKinney for other purposes. Mr. MCNULTY. Mr. Speaker, I de- Crane Herger Menendez f mand a recorded vote. Crenshaw Hill Mica A recorded vote was ordered. Crowley Hilleary Millender- ANNOUNCEMENT BY THE SPEAKER The vote was taken by electronic de- Culberson Hilliard McDonald Cummings Hinojosa Miller, Dan The SPEAKER. There will be 10 1- vice, and there were—ayes 70, noes 332, Cunningham Hobson Miller, Gary minutes on each side after the 1- not voting 32, as follows: Davis (CA) Hoeffel Miller, Jeff

VerDate jun 06 2002 03:56 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.001 pfrm15 PsN: H27PT1 June 27, 2002 CONGRESSIONAL RECORD — HOUSE H4073 Mollohan Rogers (MI) Stump ington, Pennsylvania and New York, great democracy. In one short breath Moran (KS) Rohrabacher Sullivan our hearts and minds turned to God to these patriotic words in the Pledge of Morella Ros-Lehtinen Sununu Murtha Ross Sweeney ask for devine guidance as we struggled Allegiance from which they are proud- Myrick Rothman Tancredo with this difficult time. ly spoken have guided the American Nadler Roybal-Allard Tanner In my morning run this morning I experiment in democracy for genera- Napolitano Royce Tauscher visited the Jefferson, Lincoln and Roo- tions. Nethercutt Ryan (WI) Taylor (MS) Ney Ryun (KS) sevelt memorials to bear witness to the Taylor (NC) Yesterday, through a gross example Norwood Sabo Terry inscriptions of their most memorable of misguided judicial activism, two Nussle Sanchez Ortiz Sawyer Thomas speeches to this Nation, each citing Federal judges stripped these words Ose Saxton Thompson (MS) God’s divine guidance in creating the from the American vocabulary. It is bi- Oxley Schaffer Thornberry Nation. zarre decisions like this that have Thune Pallone Schakowsky Now, judges of the Ninth Circuit of given the Ninth Circuit the dubious Pascrell Schrock Thurman Pastor Scott Tiahrt the left coast of the United States have distinction of being the most over- Paul Sensenbrenner Tiberi decided that this Pledge of Allegiance turned court in the Nation. In one year Payne Serrano Toomey is unconstitutional. The ACLU may be alone, 26 of the Ninth Circuit’s 27 rul- Pence Sessions Turner applauding a ruling, but their victory ings were thrown out. Peterson (MN) Shadegg Udall (CO) Peterson (PA) Shaw Udall (NM) will be short-lived. One Nation under This decision further brings the light Petri Shays Upton God, indivisible, with liberty and jus- the desperate need for the other body Phelps Sherman Visclosky tice for all; behind me ‘‘In God We to quick blocking President Bush’s ju- Pickering Sherwood Walden Trust,’’ in a Nation God guides us in a dicial nominees and supply our courts Pitts Shimkus Walsh Pombo Shows Wamp country where free people worship. with qualified judges that will inter- Portman Shuster Watson (CA) I reject the court’s ruling. I urge pret, not rewrite, the Constitution. I Price (NC) Simmons Watt (NC) Congress to immediately undertake a Pryce (OH) Simpson hope the Senate is listening. Watts (OK) Putnam Skeen constitutional amendment, and I sa- Mr. Speaker, I do pledge allegiance Waxman Quinn Skelton lute every man and woman in uniform to the flag; and I am proud to say that, Weiner Radanovich Smith (MI) who serves this Nation being guided by despite the beliefs of the Ninth Circuit, Rahall Smith (NJ) Weldon (FL) Ramstad Smith (TX) Weldon (PA) God’s love and inspiration. this is still one Nation under God. Weller Regula Smith (WA) f f Rehberg Snyder Whitfield Reynolds Souder Wicker RETURN LUDWIG KOONS ANNOUNCEMENT BY THE SPEAKER Rivers Spratt Wilson (NM) PRO TEMPORE Rodriguez Stearns Wilson (SC) (Mr. LAMPSON asked and was given Roemer Stenholm Wolf permission to address the House for 1 The SPEAKER pro tempore (Mr. Rogers (KY) Strickland Young (FL) minute and to revise and extend his re- LATOURETTE). The Chair would remind NOT VOTING—32 marks.) all Members to not urge action by the Barcia Hyde Riley Mr. LAMPSON. Mr. Speaker, again I other body. Clay Israel rise to talk about international child Roukema f Ehrlich Kanjorski Rush abduction and the case of Ludwig Fattah Keller Tauzin Koons who is being kept illegally in b 1100 Fletcher LaFalce Traficant Rome, Italy. The injustice that is being Gephardt Meek (FL) Vitter INSURANCE PROTECTION ACT Hastings (FL) Moore Watkins (OK) done to this family is outrageous and Hinchey Northup Wu an example of what thousands of Amer- (Ms. JACKSON-LEE of Texas asked Hoekstra Oberstar Wynn and was given permission to address Hooley Platts ican parents and children face each Young (AK) Hunter Reyes day. the House for 1 minute and to revise Ludwig Koons was born in New York and extend her remarks.) b 1054 and was abducted from his family resi- Ms. JACKSON-LEE of Texas. Mr. Mr. HINOJOSA, Ms. MCCOLLUM and dence to Rome by his mother, Ilona Speaker, my silence today reflects the Mr. OXLEY changed their vote from Staller. Mr. Koons was awarded cus- fact that the Republicans gagged me by ‘‘aye’’ to ‘‘no’’. tody in the United States, but the presenting to this House an Insurance So the motion to adjourn was re- Italian courts have refused to accept Protection Act that takes away the jected. any American jurisdiction. The father rights of my mother and your mother The result of the vote was announced has been deemed the fit parent by the and your father to be able to have a as above recorded. courts and by U.S. and by Italian psy- real guaranteed prescription drug ben- PERSONAL EXPLANATION chologists who have stated that Lud- efit through Medicare that initially Mr. ISRAEL. Mr. Speaker, I was absent wig is in grave danger and must be re- was signed by the President of the from votes this morning so that I could be in turned to his father. Yet he remains United States, Lyndon Baines Johnson, New York to be with my children as they go captive in Italy, being held by the in 1965. I am gagged today, but I will away for the summer. I missed two votes. Italian government and by his mother not remain silent because I live in Were I here I would have voted as follows: who is a porn star who lives in a porno- America; and I will fight this fight to Rollcall Vote 267, on Approving the Journal: graphic compound. get a real Medicare drug benefit for the ‘‘yea’’; and Mr. Speaker, every day Members of American people. We will fight and we Rollcall Vote 268, that the House Adjourn: this body and this administration will win. ‘‘no.’’ speak about family values. Family val- f ues. I can think of no better way to f HONORING BAKER PRICE FALLS demonstrate our commitment to fam- SUPPORTING THE PLEDGE OF ily values than to return Ludwig Koons (Mrs. MYRICK asked and was given ALLEGIANCE to his father now. We must bring our permission to address the House for 1 (Mr. FOLEY asked and was given per- children home. minute and to revise and extend her re- mission to address the House for 1 f marks.) minute and to revise and extend his re- Mrs. MYRICK. Mr. Speaker, I want marks.) AMERICA IS ONE NATION UNDER to honor a truly amazing young man Mr. FOLEY. Mr. Speaker, in the dark GOD from my district in North Carolina. hours after September 11 there was one (Mr. REHBERG asked and was given Baker Price Falls spent his life serving thing that brought a Nation together, permission to address the House for 1 others and serving the Lord. He would young and old, rich and poor, black and minute and to revise and extend his re- have turned 26 today, but sadly he white, Hispanics, and that was the marks.) passed away this year from leukemia. Pledge of Allegiance to the flag of this Mr. REHBERG. Mr. Speaker, one Na- He spent his life doing missions work. great Nation. As men and women were tion under God. These four solemn Whether he was working in the inner toiling to rescue victims in Wash- words form the very backbone of our city of Philadelphia or D.C. or doing

VerDate jun 06 2002 03:56 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.003 pfrm15 PsN: H27PT1 H4074 CONGRESSIONAL RECORD — HOUSE June 27, 2002 missions work over in Mexico or Alas- the House and talk of the vacancies, Mr. Speaker, we open this House in ka, he desired to be a servant for the and there are five on the Ninth Circuit, prayer to God. The walls of this temple Lord. As a member of the Harley Da- specifically because of the inaction of of democracy bear His name, but it is vidson Owners group in Gastonia, he the Senate; and I would like to asso- unconstitutional for our children to spent that opportunity as well in serv- ciate myself with those who have name God as they acknowledge their ice to the Lord. Baker was attending called for the Senate to take appro- fealty to that very same Nation? the University of Nations in Kona, Ha- priate action. Sadly, Mr. Speaker, this decision is waii, where he was training for mis- But more importantly here today as part of a 35-year effort by radical sions work in Africa, and in order to a Californian, I want to make it very secularists who would twist the free- attend school he sold his most prized clear that when we are called the ‘‘left dom of religion into a freedom from re- possession, which was his Harley. coast,’’ they are only speaking about ligion. Unfortunately, before he left for Afri- our courts; they are only speaking We must reject this course of judici- ca, he was diagnosed with leukemia. about the insane actions that often ary decisions. I pledge myself to fight Even in sickness he was a light and an come from our judiciary. They are not every decision by the judiciary that inspiration to all who knew him and speaking about the people of California seeks to drive expressions of faith, the came around him during that time. He up and down the State who embrace Ten Commandants and voluntary pray- was always smiling and always faith- America’s core values, including one er from schools, out of every corner of ful, and he was a witness of God’s love Nation under God, indivisible. American life, so help me God. even in very difficult circumstances. A f f very special person, we will always re- MEDICARE WITHERING ON THE member him. ANNOUNCEMENT BY THE SPEAKER VINE f PRO TEMPORE (Mr. MCDERMOTT asked and was PROTECTING AIR QUALITY The SPEAKER pro tempore (Mr. LATOURETTE). The Chair would again given permission to address the House (Mr. PRICE of North Carolina asked remind all Members that it is not ap- for 1 minute and to revise and extend and was given permission to address propriate during debate to urge action his remarks.) the House for 1 minute and to revise by the other body. Mr. MCDERMOTT. Mr. Speaker, the and extend his remarks.) Republican candidate for President Mr. PRICE of North Carolina. Mr. f several years ago proudly voted against Speaker, I am proud to inform col- OUTRAGE OVER PRESCRIPTION Medicare. The former Speaker, Mr. leagues that North Carolina has be- DRUG RULE Gingrich, said that he hoped that Medi- come the first southern State to im- care would wither on the vine. Many of (Mr. GREEN of Texas asked and was pose tough new pollution standards on us wondered what he really meant. given permission to address the House aging coal-fired power plants. Today, in the Committee on Rules, This bipartisan legislation is an ini- for 1 minute and to revise and extend we found out the truth. A gentleman tiative of Governor Mike Easley, with his remarks.) from Georgia on the Committee on the collaboration of industry and of en- Mr. GREEN of Texas. Mr. Speaker, Rules said that there are two proposals vironmental and public health advo- we are one Nation under God, but God before us today, the Republican pro- cates. It requires plants to reduce their please help this House of Representa- posal and a Soviet-style program. sulfur dioxide and nitrogen oxide emis- tives. For the outrageous procedure When pressed, he said we all know sions by 74 and 78 percent, respectively. that the Committee on Rules did this Medicare is a Soviet-style program. These standards will improve the qual- morning, we need God’s blessing. For There is where we are. The Repub- ity of life for North Carolinians, and years and years seniors in our country lican plan is a plan to privatize Medi- they will save lives by reducing the in- have needed a prescription drug ben- care, first by doing the drug benefit cidence and severity of respiratory ill- efit, and yet early this morning Medi- and then extending it into the rest. It ness. care was styled as a Soviet-style health is a Trojan horse designed to get rid of Ironically, as North Carolina takes care plan in the Committee on Rules, Medicare, and everybody who votes for steps to improve air quality, the Bush Medicare that was passed and had pro- that bill today will be setting that in administration has proposed a major vided health care for seniors for over 35 motion. step backward, actually weakening the years called Soviet care. My mother, my colleagues’ mothers, Clean Air Act. The EPA’s proposed Well, the Soviet concern is what the their grandfathers, their fathers, they loosening of ‘‘new source review’’ regu- procedure is today in the House of Rep- do not want Medicare to wither on the lations would allow thousands of the resentatives, not allowing an option vine; but this House is prepared to pre- country’s biggest polluters to avoid in- except on the Republican prescription vent us from giving even an alternative stalling pollution-control equipment as drug bill that is so filled with holes, it to the American people. That is what they update and modernize their leaks so bad, no senior will be able to Soviets do. get any prescription drugs. They will plants. So even though North Carolina f will be doing its part to reduce pollu- not have these lifesaving pharma- RECOGNIZING GREATER MIAMI tion that causes ozone and acid rain, ceuticals. Now they are not turning on JEWISH FEDERATION AND MI- our State will continue to be stricken their electricity, they are taking half CHAEL-ANN RUSSEL JEWISH by pollution from other States. prescriptions, and yet the Republicans COMMUNITY CENTER North Carolina has taken a signifi- today are giving them a sieve to be cant step, Mr. Speaker. I am hopeful able to sift through. (Ms. ROS-LEHTINEN asked and was that this will stiffen EPA’s spine, to f given permission to address the House give all Americans the protection they for 1 minute and to revise and extend SHOCKED AND APPALLED BY need. her remarks.) NINTH CIRCUIT’S DECISION f Ms. ROS-LEHTINEN. Mr. Speaker, I (Mr. PENCE asked and was given per- am pleased to recognize the Greater THE CALIFORNIA JUDICIARY mission to address the House for 1 Miami Jewish Federation and the Mi- (Mr. ISSA asked and was given per- minute and to revise and extend his re- chael-Ann Russel Jewish Community mission to address the House for 1 marks.) Center to commend them for their ef- minute and to revise and extend his re- Mr. PENCE. Mr. Speaker, like most forts on the Interfaith Solidarity with marks.) Americans I believe in this country, I Israel rally which recently took place Mr. ISSA. Mr. Speaker, it is no sur- believe in God, and I believe in the in my home district of Miami. prise that yesterday the Ninth Circuit power and importance of allegiance to I want to especially thank Rachel ruled in complete and total disregard our flag. As such, like millions of Sapoznik, international division chair- for the wishes of the people of Cali- Americans, I was shocked and appalled woman from the Greater Miami Jewish fornia. I heard earlier speakers address by the Ninth Circuit’s pledge decision. Federation, Fanny Hanono and Avy

VerDate jun 06 2002 03:56 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.009 pfrm15 PsN: H27PT1 June 27, 2002 CONGRESSIONAL RECORD — HOUSE H4075 Weberman from the Michael-Ann Rus- titled ‘‘Squeaky Clean,’’ the magazine stitutional, the Presidential oath sell Jewish Community Center for The Economist referred to fuel cells as would be unconstitutional, and yes, their tireless efforts in making this the next big thing, and the most prom- this very Chamber, the House of Rep- rally a giant success. The event in- ising fuel cells operate on hydrogen, resentatives, would be unconstitu- cluded a variety of speakers from dif- which the magazine Physics Today re- tional. ferent religious denominations, paro- ferred to as the fuel of the future. To call the Pledge of Allegiance un- chial schools, youth groups and com- We know their potential. Zero emis- constitutional is the highest embar- munity organizations. sions. Water and heat are the only by- rassment for our judicial system, and The rally provided an opportunity for products, and when both heat and elec- this ruling undermines everything our folks to voice their support for the tricity are used, fuel cells can obtain Nation stands for, principles set back State of Israel and gave them specific more than 80 percent efficiency. in 1776, as well as the Declaration of information on the different ways that Researchers at our national science Independence, which by the way in- they can help both of our countries labs, corporations, universities and cludes the word God as well. fight the international war on ter- small businesses are working hard to Mr. Speaker, is the very document rorism. help us realize the potential of fuel that announced our Nation’s independ- I want to especially thank those or- cells. ence also unconstitutional? Next week ganizers of the Interfaith Solidarity America has the ingenuity and the we will be celebrating our Nation’s with Israel rally for uniting our com- expertise to meet our future energy de- independence, and I hope every Amer- munity in its support for this embat- mands, and fuel cells can help us to do ican will remember and celebrate our tled country. so in an environmentally responsible Nation’s traditions, including express- f way that sets a standard for the world. ing our unity as one Nation under God, f indivisible, with liberty and justice for AMERICA’S SENIORS WANT GUAR- all, and may God bless America. ANTEED ACCESS TO MEDICINES WOMEN AND PRESCRIPTION f (Mrs. CHRISTENSEN asked and was DRUGS given permission to address the House (Ms. SOLIS asked and was given per- REPUBLICANS DENYING OUR for 1 minute.) mission to address the House for 1 SENIORS RELIEF THEY NEED Mrs. CHRISTENSEN. Mr. Speaker, minute.) (Mr. DOGGETT asked and was given left to the Republican sham prescrip- Ms. SOLIS. Mr. Speaker, women in permission to address the House for 1 tion drug bill, our parents, including this country need a Medicare drug ben- minute.) individuals with disabilities, will find efit now. In the State of California, 56 Mr. DOGGETT. Mr. Speaker, today themselves at the mercy of private percent of Medicare recipients are Republicans refuse to permit consider- HMOs having to search for a plan. women. These elderly women have on ation of a prescription drug plan for America’s seniors want guaranteed ac- the average spent about 10 percent of our seniors on the very same day that cess to the medicines their doctors pre- the cost for prescription drugs there, one of their leaders condemns the basic scribe at prices they can afford, and but this year alone their costs went up Medicare program as a Soviet-style they depend on that guarantee for help about 20 percent; and for people from program. The Republicans have no pre- and for life. my district particularly, this is a very, scription drug plan, only a scheme to The only bill on the floor today guar- very extreme hardship. privatize Medicare and to protect pre- antees no prescription drug benefit. Most are on fixed incomes and cannot scription drug manufacturers. They The plan the Republicans are trying to afford those costs, and they believe the want to turn seniors over to HMOs force on this country does nothing to plan that is being proposed by the Re- with no guaranteed deductible, no curb soaring drug prices, not enough to publicans today will actually make guaranteed premium, and no guaran- restore provider payments and does ev- their lives worse. I know that because teed benefit. Some plan. erything to benefit private insurance their plan will help to benefit HMOs The House Republican leadership has companies. and insurance companies and it is a once again pledged its allegiance to the Our plan, the Dingell bill, honors our farce. They are saying that our current pharmaceutical manufacturers who are responsibilities to this Nation’s sen- drug benefit program is a Soviet-style the price gougers that forcing our sen- iors, gives them coverage for any drug form of government. That cannot be iors to pay the highest prices of any their doctor prescribes, and guarantees farther from the truth. people in the entire world. Little won- that beneficiaries always have cov- When I go into my senior citizen cen- der that these same manufacturers are erage, with lower monthly premiums ters, the first thing people ask me is, already on the airwaves across Amer- and a lower out-of-pocket maximum. HILDA SOLIS, you are my representa- ica paying millions for ads to defend Our plan beats theirs any day and in tive, why is there not a better benefit their Republican House partners who any way. That is why we are being de- program so I can pay for my treatment are trying today to deny our seniors nied a chance to offer it. that I need to control my diabetes, to the relief they so very desperately That is not fair to us, their col- get my insulin, to pay for the things need. leagues, and it disrespects those who that I need to survive? f sent us here; but it is most unfair to Let us do the right thing today. Let b 1115 the seniors and their families who need us vote for a Democratic substitute real help with medication now. that is fair for all people. LIBERAL COURTS ERR AGAIN f f (Mr. PITTS asked and was given per- mission to address the House for 1 ASTONISHMENT AND OUTRAGE AT ENERGY INDEPENDENCE THROUGH minute and to revise and extend his re- RULING OF NINTH CIRCUIT FUEL CELLS marks.) (Mrs. BIGGERT asked and was given COURT OF APPEALS Mr. PITTS. Mr. Speaker, our liberal permission to address the House for 1 (Mr. GIBBONS asked and was given friends in the Federal courts have erred minute and to revise and extend her re- permission to address the House for 1 again. The 14th amendment says that marks.) minute and to revise and extend his re- no State, and I quote, ‘‘shall deprive Mrs. BIGGERT. Mr. Speaker, I rise marks.) any person of life, liberty, or property this morning to highlight the promise Mr. GIBBONS. Mr. Speaker, today I without due process of law.’’ Yet late and the potential of fuel cells in hydro- rise to express my astonishment and last year the Supreme Court ruled that gen to help us gain greater energy outrage at the ruling of the Ninth Cir- this guaranteed doctors the right to independence in a way that is safe, cuit Court of Appeals, which declared impale partially-born babies in the clean and renewable. the Pledge of Allegiance to be uncon- skull with scissors and extract them Often called minipower plants, fuel stitutional. Mr. Speaker, what could dead from their mother’s birth canals. cells could hold the key to energy inde- this court be thinking? Under their The first amendment says America pendence for America. In an article en- reasoning, our money would be uncon- cannot have an official State church,

VerDate jun 06 2002 03:56 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.015 pfrm15 PsN: H27PT1 H4076 CONGRESSIONAL RECORD — HOUSE June 27, 2002 like England has, and I quote, ‘‘Con- 50th anniversary of Mancor Carolina, The Clerk read the resolution, as fol- gress shall make no law respecting an located in Lugoff, in Kershaw County, lows: establishment of religion.’’ Yet a Fed- South Carolina. H. RES. 461 eral judge in my district has recently In 1987, Mancor opened a manufac- Resolved, That at any time after the adop- ruled that the Ten Commandments turing business with 45 employees, tion of this resolution the Speaker may, pur- have to be taken down from the county serving customers such as Dana Cor- suant to clause 2(b) of rule XVIII, declare the courthouse wall where they have stood poration and Mack Trucks. House resolved into the Committee of the for 82 years. In 1998, Dilip Teppara became Vice Whole House on the state of the Union for The first amendment says, ‘‘Congress President and General Manager of consideration of the bill (H.R. 5010) making Mancor Carolina. During the last 4 appropriations for the Department of De- shall make no law prohibiting the free fense for the fiscal year ending September 30, exercise of religion.’’ Yet, despite this, years, under Mr. Teppara’s leadership, 2003, and for other purposes. The first read- the 9th Circuit court ruled yesterday Mancor has more than doubled its ing of the bill shall be dispensed with. All that in school children are not allowed sales; and the company has grown to points of order against consideration of the to recite the Pledge of Allegiance any nearly 175 employees. bill are waived. General debate shall be con- more, even though they have been Mancor Carolina is now a major sup- fined to the bill and shall not exceed one doing it since 1892. plier to companies such as Dana in hour equally divided and controlled by the Mr. Speaker, the judicial branch of Lugoff, Freightliner in Gaffney, John chairman and ranking minority member of government is out of control. They are Deere in Augusta, Komatsu in the Committee on Appropriations. After gen- eral debate the bill shall be considered for making a mockery of our Constitution. Newberry, Caterpillar, and Mack amendment under the five-minute rule. The Congress and the President must Trucks in Winnsboro. Mancor is one of Points of order against provisions in the bill stand up to the radical activist judges the largest private employers in for failure to comply with clause 2 of rule and make things right again. Kershaw County, and the company is XXI are waived. During consideration of the f undergoing a multimillion dollar ex- bill for amendment, the Chairman of the pansion which will create new jobs for Committee of the Whole may accord priority HOUSE DIVIDED ON PRESCRIPTION the community. in recognition on the basis of whether the DRUG PLAN I want to commend Mr. Poul Hansen, Member offering an amendment has caused (Mr. CROWLEY asked and was given Mr. Preben Ostberg, and Mr. Art it to be printed in the portion of the Con- gressional Record designated for that pur- permission to address the House for 1 Church for their vision in making pose in clause 8 of rule XVIII. Amendments minute and to revise and extend his re- Mancor Carolina a world-class manu- so printed shall be considered as read. At the marks.) facturing company. Most importantly, conclusion of consideration of the bill for Mr. CROWLEY. Mr. Speaker, 9 though, the success of Mancor Carolina amendment the Committee shall rise and re- months ago I stood on this floor and is due to its employees and their fami- port the bill to the House with such amend- talked about the attack upon my great lies. Mancor would not be where it is ments as may have been adopted. The pre- city, the City of New York. Never be- today without their commitment, sac- vious question shall be considered as ordered fore in my 4 years in this Congress had rifice, and dedication. on the bill and amendments thereto to final I felt this House and this country more passage without intervening motion except f one motion to recommit with or without in- united than at that moment. KEEP MEDICARE PUBLIC structions. The pundits began to speak, and they SEC. 2. That upon the adoption of this reso- began to ask questions like, how long (Mr. BROWN of Ohio asked and was lution it shall be in order, any rule of the would it last; how long would this given permission to address the House House to the contrary notwithstanding, to House stay united; and would it be the for 1 minute and to revise and extend consider concurrent resolutions providing for Democrats or the Republicans who his remarks.) adjournment of the House and Senate during would blink first? Unfortunately, it has Mr. BROWN of Ohio. Mr. Speaker, 37 the month of July. been the Republicans. years ago, the majority Republicans The SPEAKER pro tempore (Mr. Today, they offer a prescription drug voted against the creation of Medicare, LATOURETTE). The gentlewoman from plan without giving the opportunity which has turned out to be probably North Carolina (Mrs. MYRICK) is recog- for this side of the aisle to present our the single best program the U.S. gov- nized for 1 hour. plan, without having a fair vote up and ernment has ever sponsored. Mrs. MYRICK. Mr. Speaker, for pur- down on both. They know the Demo- Republican leader Newt Gingrich said poses of debate only, I yield the cus- cratic side would win. This bill, our that Medicare should wither on the tomary 30 minutes to the gentleman bill, would win the day. vine. The Republicans, in the late from Texas (Mr. FROST); pending which It appears in the middle of the night 1990s, proceeded to cut $250 billion from I yield myself such time as I may con- that there was an election held, that Medicare. Today, our Republican lead- sume. During consideration of the reso- there are now 436 Members of Congress. er in the Committee on Rules labeled lution, all time yielded is for purposes Robert Ingram, I do not know which Medicare a Soviet-style program. In of debate only. State he is from, but he has already my 10 years in Congress, the only peo- Yesterday, the Committee on Rules proven himself to be a great fund-raiser ple I have found that are hostile to met and granted an open rule for H.R. for the Republican side of the aisle. He Medicare, that do not like the Medi- 5010, the fiscal year 2003 Department of has raised $250,000 from care program, are my Republican Defense Appropriations Act. The rule GlaxoSmithKline, apparently his friends on that side of the aisle. provides for 1 hour of general debate former company; from Pfizer, $150,000; Today, we have a choice. We have a equally divided between the chairman from Merck, $150,000. The money is choice between a Medicare prescription and ranking minority member of the where this bill follows, and the Amer- drug plan written for America’s seniors Committee on Appropriations. ican people are going to know about it. or a private insurance plan written, the This is a fair and open rule for a very This House has been brought asunder Republican’s private insurance plan, important bill. It cannot get any better not by the Democrats but by the Re- written by and for the drug companies, than that. The rule allows any Member publicans today, by their actions. It is which will privatize Medicare. to offer any amendment to the bill, as intolerable, and the American people Let us keep Medicare public, let us long as their amendment complies with should know about it and know fully pass a prescription drug benefit that the normal rules of the House. what happens today. works for seniors, not for the drug The defense appropriations bill pro- vides the tools and the resources for f companies. our military to wage an aggressive war f PRAISING MANCOR CAROLINA against terrorism while defending our (Mr. JOE WILSON of South Carolina DEPARTMENT OF DEFENSE Nation against an ever-changing mili- asked and was given permission to ad- APPROPRIATIONS ACT, 2003 tary threat. In our global campaign dress the House for 1 minute and to re- Mrs. MYRICK. Mr. Speaker, by direc- against global terror, our military vise and extend his remarks.) tion of the Committee on Rules, I call must have every resource, every tool, Mr. WILSON of South Carolina. Mr. up House Resolution 461 and ask for its every weapon and every advantage Speaker, I rise to commemorate the immediate consideration. they need for the missions to come.

VerDate jun 06 2002 04:14 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.017 pfrm15 PsN: H27PT1 June 27, 2002 CONGRESSIONAL RECORD — HOUSE H4077 I agree with President Bush when he I would like to commend the chair- b 1130 says that there is no silver bullet, no man of the Committee on Appropria- They are trying to use the wartime single event or single action that is tions, the gentleman from Florida (Mr. spending bill to hide the fact that they going to suddenly make the threat of YOUNG); the ranking Democrat, the have increased America’s national debt terrorism disappear. This broad-based gentleman from Wisconsin (Mr. OBEY); and are raiding Social Security. and sustained effort will continue until the subcommittee chairman, the gen- Make no mistake, America’s debt is terrorism is routed out. The situation tleman from California (Mr. LEWIS); increasing because of the fiscally irre- is similar to the Cold War, when con- and the subcommittee ranking mem- sponsible tax plan Republicans passed tinuous pressure from many nations ber, the gentleman from Pennsylvania last year. But House Republican lead- caused communism to collapse from (Mr. MURTHA), for the tremendous job ers are desperate to disguise that fact within. We will press the fight as long they have done to support America’s from the American people, so they are as it takes, and we will prevail. troops and to protect Americans here holding hostage the wartime emer- I am very pleased that this bill at home. The bill represents the bipar- gency spending supplemental bill. makes significant improvements in the tisan support this Congress has for our Mr. Speaker, House Democrats have quality of life of the men and women troops and the war on terrorism. repeatedly tried to work with Repub- who serve in the Armed Forces. These Overall, it provides nearly $34 billion licans to ensure the United States does improvements include a 4.1 percent more for national defense than we not default on its debt. We have offered military personnel pay raise and tar- spent last year. It reflects the home- to help pass a bipartisan, short-term geted pay raises to mid-grade non-com- land security priorities for which increase in the debt limit. All we ask is missioned officers; generous housing Democrats have fought so hard, includ- that Republicans join us in an honest, allowances that will significantly de- ing $385 million for the chemical and comprehensive budget summit so we crease service personnel’s out-of-pock- biological defense program, and it can stop the fiscal irresponsibility that et housing expenses; and access to funds substantial quality of life im- is rating the Social Security trust quality health care. provements for America’s men and fund. We can never pay our men and women in uniform and their families. Unfortunately, Republican leaders women in uniform on a scale that In particular, this bill includes a 4.1 are afraid to take responsibility for matches the magnitude of their sac- percent military pay raise and even their actions. They are afraid that a rifice, but this bill reflects our respect larger increases for the mid-grade non- straight up-or-down vote to raise the for their selfless service. commissioned officers whom the armed debt ceiling will highlight the rising Today, more than ever, we also owe services must retain. To improve mili- tide of red ink Republicans have cre- those in uniform the resources they tary health care, it significantly in- ated. need to maintain a very high state of creases funding for the Defense Health That sort of budgetary dishonesty is readiness. Our enemies rely upon sur- Program, some $141 million above the bad enough, but holding up the emer- prise and deception. They used to rely President’s request. gency supplemental spending bill that I also am pleased that this bill con- upon the fact that they thought we our troops need is beyond the pale. tinues to fund the wide range of weap- were soft, but I do not think they think Simply put, it is a particularly shame- ons programs that will ensure Amer- that way anymore. ful form of war profiteering. ica’s military superiority throughout Mr. Speaker, it does not have to be Our forces must be ready to deploy to the world. For instance, it includes $4.1 that way. Historically, Democrats and any point on the globe on short notice. billion to procure 23 F–22 Raptor air- Republicans in Congress have worked This bill increases operation and main- craft, the next-generation air domi- together to support America’s national tenance by over $9.7 billion. Our Nation nance fighter for the Air Force. It also defense. On the floor today, we are must have, and will have, ready forces provides $882 million for research and doing just that with the spending bill that can bring victory to our country development for this aircraft. for the next fiscal year. and safety to our people. Additionally, the bill provides $3.5 I urge the Republican leadership to The world’s best soldiers, sailors, air- billion for continued development of stop holding hostage the emergency men and Marines also deserve the the Joint Strike Fighter, the high- wartime supplemental spending bill. world’s best weaponry. To ensure that, technology multi-role fighter of the fu- Have the courage to increase the debt our Nation must invest in procure- ture for the Air Force, the Navy and separately and free the supplemental. ment. This defense bill contains about the Marines; and it includes $1 billion How, Mr. Speaker, can the Repub- $70.3 billion for procurement. The Na- for 11 V–22 aircraft. lican leadership let this body adjourn tion must give our military the weap- In sum, Mr. Speaker, this bill does a for the Fourth of July recess, our most ons it needs to meet the threats of our good job of providing needed resources patriotic celebration, without tending future. If the war against terror means to our troops for the fiscal year that to the needs of the men and women we must find terror wherever it exists, begins on October 1, but I would be re- who are defending our flag and our pull it out by its roots, and bring peo- miss if I did not call attention to the country in every corner of this globe? ple to justice, our military must have more pressing problem facing Amer- To me, it is an abdication of the re- the means to achieve the objective. ica’s military right now. Specifically, sponsibilities we, the elected Members To that end, Mr. Speaker, I urge my U.S. troops are fighting the war on ter- of the House of Representatives, have colleagues to support this rule and to rorism around the world at this very to our constituents and to our country. support the underlying bill. Because moment. They are winning, but they If the Republican majority wants to now, more than ever, we must improve desperately need additional resources govern, now is the time to show the our national security. now for the remainder of this fiscal country that they are capable of doing Mr. Speaker, I reserve the balance of year. so. Pass a separate debt limit and bring my time. Mr. Speaker, it is no secret that the up the supplemental that is so des- Mr. FROST. Mr. Speaker, I yield my- Armed Forces will have to take drastic perately needed right now by every self such time as I may consume. steps if they do not get help soon. The branch of the armed services. Over the past several months, Mr. Army could have to cancel training ex- If the Republican leadership will do Speaker, the world has seen the skill, ercises, for instance; and the Air Force that, then we can pass the supple- courage and professionalism of the could have to severely cut flight hours. mental with an overwhelmingly bipar- United States military. America’s men That is why both the House and the tisan majority and get the troops the and women in uniform have done ev- Senate passed the emergency supple- assistance that they need today. We erything this country has asked of mental appropriations bill with sub- are providing the assistance in this leg- them, and they have done it well. So I stantial bipartisan support. Unfortu- islation that is before us that they am pleased to report that the defense nately, that bill is still stuck in a con- need starting October 1, and that is appropriations bill on the floor today ference committee. Why? Because Re- good and we all support that. But what provides them with the resources they publican leaders are playing a high- about the months of July, August, and need to continue to ensure our national stakes game of political chicken with September? Let us move on and pro- security. our troops. vide that help also.

VerDate jun 06 2002 04:14 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.019 pfrm15 PsN: H27PT1 H4078 CONGRESSIONAL RECORD — HOUSE June 27, 2002 Mr. Speaker, I reserve the balance of day when the elected leadership of this from last year and continues to reverse my time. House, who more than any other have a the decline of military readiness by Mrs. MYRICK. Mr. Speaker, I reserve responsibility to defend democratic funding key operations, maintenance, the balance of my time. values, decide instead that the only and training accounts. This financial Mr. FROST. Mr. Speaker, I yield 4 way they can win is by crushing those support devoted to our national secu- minutes to the gentleman from Wis- same democratic values. rity is long in coming. We must ade- consin (Mr. OBEY), the ranking member Make no mistake about it, the pre- quately provide the men and women on the Committee on Appropriations. scription drug bill which is coming at from Fort Bragg and Pope Air Force Mr. OBEY. Mr. Speaker, this is a bi- us today is not designed to solve a Base and all of our military personnel partisan bill. It is a bipartisan rule. problem. It is designed to prevent who are currently prosecuting the war Both ought to be supported. The bill Members of this House from producing on terrorism adequate and necessary itself will pass overwhelmingly after a comprehensive alternative that will resources to do their job. the House is finished disposing of it. I solve the problem. It says to America’s I would like to specifically mention want to congratulate all of those who seniors, you are going to have to ac- that this bill provides some funding for had anything to do with putting it to- cept the fact that we have decided in some key capabilities for our U.S. Spe- gether, most especially the gentleman our infinite wisdom that the only solu- cial Forces, whose anniversary we cele- from California (Mr. LEWIS) and the tion we will provide for the problem is brated last week. While they, alongside gentleman from Pennsylvania (Mr. a subsidizing of insurance companies. members from all our Armed Forces, MURTHA). Mr. Speaker, that is not what the av- serve in Afghanistan and all over the Having said that, I cannot help but erage senior expects. It is not what our world today, we show our support by noting how ironic it is that on the constituents, regardless of age, elected providing the funding necessary to ef- same day that the House will be debat- us to come here to do. Before this day fectively and safely do their job. The ing the bill that provides the resources is over, it will be a shameful day in the $354.7 billion we are voting on today to enable our military to defend this history of democracy in this House. will help do that. It is targeted at two country and to take the battle to ter- Mrs. MYRICK. Mr. Speaker, I yield 3 of the most critical areas crucial to rorists around the world, how ironic it minutes to the gentleman from North maintaining a quality of life and readi- is that this House on another bill com- Carolina (Mr. HAYES). ness. Furthermore, this bill funds the ing up later today will not stand up for (Mr. HAYES asked and was given development and testing of an effective the very values that we are today but- permission to revise and extend his re- ballistic missile defense system. tressing by the funding that we are marks.) Mr. Speaker, it is gross injustice and providing in this bill. Mr. HAYES. Mr. Speaker, I thank misfortune that it took the tragedy in What will happen today, in my view, the gentlewoman for yielding me this September to focus the public eye on on the rule on prescription drugs will time. the need for a more robust defense demonstrate that the biggest threat to The irony today that we stand before budget; but I feel the legislation in this democracy and the biggest threat this body and ask for the needed re- front of us takes that step, and the rule to the average citizen just trying to sources and assets that our men in uni- provides for its consideration. I urge get through the day and pay their bills, form need to protect our freedom and Members to vote strongly in favor of the biggest threat to them is not from our liberty and our heritage, we stand the bill. any foreign power. The biggest threat here under the very appropriate words Mr. FROST. Mr. Speaker, I yield 3 is from some of their own representa- ‘‘In God We Trust,’’ but yet a judge in minutes to the gentleman from Ohio tives who will refuse to practice de- California, with the stroke of a pen, (Mr. KUCINICH). mocracy here at home. would undo these things that we fight Mr. KUCINICH. Mr. Speaker, at a We are shortly going to be consid- for. I hope that irony is not lost on us time when this country is prepared to ering a prescription drug bill which is today. spend up to $400 billion for the military of, by, and for the pharmaceutical in- Mr. Speaker, I rise in support of the and an extra $50 billion for defense, $37 dustry. It is designed not to solve the rule that will allow for consideration of billion for homeland security, I think problem of seniors who face mounting H.R. 5010, the defense appropriations it is appropriate to ask how we can cre- drug costs. It is designed to block us bill for fiscal year 2003. The tragic ate peace around the world. from being able to provide any com- events of September 11, 2001, have Last summer, I introduced H.R. 2459, prehensive, meaningful relief by pro- thrust our Nation’s military into the legislation to create a Cabinet-level viding a guaranteed benefit under spotlight and called to duty the brave Department of Peace which embodies a Medicare. men and women of the U.S. Armed broad-based approach to peaceful, non- It is apparent to me that those who Forces. Once again, U.S. citizens are violent conflict resolution at domestic run this House have determined that rallying behind them in strong support and international levels. The mission the only way they can win with their of the harrowing mission they have of the Department is to make non- proposal is to avoid giving the elected been called upon to do; and today the violence an organizing principle in our representatives of every senior in United States Congress has a duty to society and to help create conditions America an opportunity to choose how pass this important legislation that for a more peaceful world where some- we can most effectively solve the prob- will help provide the necessary re- day we can make war itself archaic. lem of runaway prescription drug sources for these brave men and women Over 43 Members of Congress support prices. to do their job. this bill. It seems to me that a Congress which This legislation first and foremost The Department would be headed by can produce legislation such as we have takes care of our most vital asset in a Secretary of Peace appointed by the before us this morning is a Congress the military, our people. It provides President with the advice and consent that ought not to be afraid to provide every servicemember with a 4.1 percent of the Senate. Domestically, the De- choice in the way we deal with the pay raise. It approves housing allow- partment would be responsible for de- problems of our senior citizens. We ances for the buy-down of service per- veloping policies which address issues, hear the Republican leadership of this sonnel’s out-of-pocket housing ex- including domestic violence, child Congress prattle on to an almost nau- penses from 11.3 to 7.5 percent in 2003. abuse, mistreatment of the elderly. seating degree about the need for us to For the soldiers and airmen in my dis- Internationally, the Department would provide choice programs in schools; but trict at Fort Bragg and Pope Air Force analyze foreign policy and make rec- they are apparently afraid to give us Base, the ability to adequately care for ommendations to the President on the opportunity to choose among alter- their families and train for the mission matters pertaining to national secu- natives when it comes to dealing with for which they are called are the two rity, including the protection of human what is probably the biggest financial issues which are second to none. I be- rights and the prevention and de-esca- crisis that our senior citizens have lieve this legislation makes significant lation on armed and unarmed inter- today. progress in these areas. national conflict. I am going to support this rule, and I The defense appropriations bill for I have received thousands of letters will support this bill; but it is a sad fiscal year 2003 builds upon our work of support and e-mails from all over

VerDate jun 06 2002 04:14 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.021 pfrm15 PsN: H27PT1 June 27, 2002 CONGRESSIONAL RECORD — HOUSE H4079 the United States and all over the a difference. The Department of Peace consideration of the bill (H.R. 5010) world in support of a Department of is a path toward just that. making appropriations for the Depart- Peace. People are demanding an end to ment of Defense for the fiscal year end- b 1145 violence. They are demanding an end ing September 30, 2003, and for other to war, and the Department of Peace Mr. FROST. Mr. Speaker, I urge purposes, with Mr. CAMP in the chair. can be instrumental in realizing this adoption of the rule. The Clerk read the title of the bill. goal. Mr. Speaker, I yield back the balance The CHAIRMAN. Pursuant to the of my time. We are in a new millennium, and the rule, the bill is considered as having Mrs. MYRICK. Mr. Speaker, I yield been read the first time. time has come to review age-old chal- back the balance of my time, and I lenges with new thinking, wherein we Under the rule, the gentleman from move the previous question on the res- California (Mr. LEWIS) and the gen- can conceive of peace as simply not olution. tleman from Pennsylvania (Mr. MUR- being the absence of violence, but the The previous question was ordered. THA) each will control 30 minutes. active presence and the capacity for a The resolution was agreed to. The Chair recognizes the gentleman higher evolution of human awareness, A motion to reconsider was laid on from California (Mr. LEWIS). of respect, trust and integrity; wherein the table. Mr. LEWIS of California. Mr. Chair- we all may tap the infinite capabilities The SPEAKER pro tempore (Mr. man, I yield myself such time as I may of humanity to transform conscious- LATOURETTE). Pursuant to House Reso- consume. ness and conditions which impel or lution 461 and rule XVIII, the Chair de- It is my privilege to rise today and compel violence at a personal, group, clares the House in the Committee of join the gentleman from Pennsylvania or national level toward developing a the Whole House on the State of the (Mr. MURTHA) to take up the defense new understanding of, and a commit- Union for the consideration of the bill, appropriations bill for the year 2003. ment to, compassion and love. H.R. 5010. We have been allocated adequate time We have above the Speaker the words on both sides. This bill involves an ex- b 1145 ‘‘In God We Trust.’’ Let us place our penditure of some $354.7 billion on be- faith in our capacity to go beyond IN THE COMMITTEE OF THE WHOLE half of our national defense, and at this weapons as instruments of resolving Accordingly, the House resolved point, I would like to insert for the international conflict and believe in itself into the Committee of the Whole RECORD a summary of this bill, by ap- our own ability to evolve and to make House on the State of the Union for the propriations account.

VerDate jun 06 2002 04:58 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.023 pfrm15 PsN: H27PT1 H4080 CONGRESSIONAL RECORD — HOUSE June 27, 2002

VerDate jun 06 2002 04:58 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.026 pfrm15 PsN: H27PT1 Insert offset folio 102/1 here EH27JN02.001 June 27, 2002 CONGRESSIONAL RECORD — HOUSE H4081

VerDate jun 06 2002 04:58 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.026 pfrm15 PsN: H27PT1 Insert offset folio 102/2 here EH27JN02.002 H4082 CONGRESSIONAL RECORD — HOUSE June 27, 2002

VerDate jun 06 2002 04:58 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.026 pfrm15 PsN: H27PT1 Insert offset folio 102/3 here EH27JN02.003 June 27, 2002 CONGRESSIONAL RECORD — HOUSE H4083

VerDate jun 06 2002 04:58 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.026 pfrm15 PsN: H27PT1 Insert offset folio 102/4 here EH27JN02.004 H4084 CONGRESSIONAL RECORD — HOUSE June 27, 2002

VerDate jun 06 2002 04:58 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.026 pfrm15 PsN: H27PT1 Insert offset folio 102/5 here EH27JN02.005 June 27, 2002 CONGRESSIONAL RECORD — HOUSE H4085 Mr. Chairman, I reserve the balance get enough suits for training. While DOD is ahead and the need for our continued support of my time. scheduled to procure 2.8 million more JSLIST for a strong national defense. I encourage my Mr. MURTHA. Mr. Chairman, I yield garments for approximately $100 each, GAO colleagues to join me in supporting our military myself such time as I may consume. found some had been auctioned on the Inter- and our President by voting for this bill and We did the best we could do with the net for less than $3 each. ensuring that the men and women in uniform amount of money we had available. This form of waste directly affects readi- who serve our nation valiantly everyday to This is a good bill. ness. When the chemical alarms again sound protect and defend our freedom have the re- Mr. SCOTT. Mr. Chairman, I am pleased to in the desert, U.S. forces will need those suits. sources which they need to do their job and rise in support of this legislation to provide for Transformation of DOD’s last-century financial win the war on terrorism. the FY 2003 Department of Defense appro- management systems into a 21st Century en- Mr. PASTOR. Mr. Chairman, it has come to priations. I extend my appreciation to both terprise architecture is a critical element of my attention that the application of precisely Subcommittee Chairman LEWIS and Ranking their ability to survive, and prevail, against to- controlled heat has shown excellent results in Member MURTHA for this bipartisan legislation. morrow’s threats. the treatment of benign and malignant skin I have the pleasure of representing portions DOD has been bogged down by scores of disease. I am aware of the great potential of of the Hampton Roads area—home to New- outdated data information systems that do not the ThermoMed Instrument in this regard and port News Shipyard and the world’s largest allow commanders and managers to make ef- the published results of physicians using it. naval base, Norfolk Naval base. The recently fective management decisions. The Secretary Impressive benefits including high cure rates, released 2000 census figures show that the of Defense has stated, ‘‘One of my highest pri- non-invasive and safe treatment, rapid healing Hampton Roads area is the military capital of orities is to have reliable, accurate and timely and excellent cosmetic results, confirm the ap- the United States. We have 91,615 men and financial management information upon which plicability of this new technology for the cura- women in uniform that live in the Hampton to make the most effective business deci- tive treatment of diseased tissue. Accordingly, Roads metropolitan area, more than anywhere sions,’’ and has tasked the Under Secretary of I encourage the Department of Defense to else in the country. For these men and Defense (Comptroller) to achieve this goal. conduct clinical evaluation of the ThermoMed women, I am especially pleased that the ap- The use of chemical and biological weapons Instrument and its applications for treating propriations bill funds a 4.1 percent pay in- is a very real threat. The Comptroller must armed forces deployed around the world. crease and increases the basic housing allow- have the tools to assure military inventory, Mr. BENTSEN. Mr. Chairman, today I rise in ance for our hardworking military personnel. such as the JSLST and other protective equip- support of H.R. 5010, important legislation that Now more than ever, it is important that we ment, and medical supplies, is readily avail- provides $354.7 billion appropriations to the show our appreciation for our men and women able when needed. Except for system Department of Defense (DoD), supporting the in uniform. changes that are the results of statutory direc- honorable men and women, at home and I would also like to compliment the Com- tives, the Department and its components abroad, who are in service to the nation at this mittee for appropriating $250 million for the should not allocate any funding to modify any critical time. As our nation continues to face new carrier, CVN–77. Since 9–11, we have system that is part of DOD’s current financial the most pressing military and defense prior- overextended the use of our current carriers. management environment without the ap- ities in its history, we must continue to provide Given the new threats we face, it is appro- proval of the Comptroller. In granting this ap- adequate and secure funding for the con- priate that we proceed with the construction of proval, the Under Secretary of Defense should tinuing war on terrorism, and the DoD remains the new carrier. This is also an item for which assure that a valid business case has been at the forefront of these vigilant efforts. the entire Virginia Delegation worked very made and that the systems modifications or Mr. Chairman, I do have concerns about hard to secure appropriations. enhancements comply with the new enterprise placing this measure first in our annual drive In addition to the funding for the new carrier, architecture DOD is attempting to implement. to pass appropriations bills, as we run the risk funding to allow for the construction of the Mr. CHAMBLISS. Mr. Chairman, I strongly of drying up the well of funds available for the fourth Virginia class submarine is vitally impor- support the FY03 National Defense Appropria- other funding measures. However, I am tant. tions Act, which provides critical resources for pleased that the Appropriations Committee Finally, I would like to thank the Sub- our military to ensure that they have the ade- has approved appropriate, responsible in- committee for funding that would go to science quate training, modern equipment, and suffi- creases in funding for military personnel and programs at historically black colleges and cient resources to do their job in protection our operations and management over the Fiscal universities and for institutions serving His- nation. I am proud of the work this Congress Year 2002 budget, as the DoD infrastructure panic students. has done in crafting a bill that will support our must be capable of handling continuing and Mr. SHAYS. Mr. Chairman, last year, as it troops and their families. unanticipated demands in the global fight has since 1990, the General Accounting Office This bill is important for our nation. Our against terrorism. (GAO) declared that Department of Defense’s troops deserve a pay raise-and we provide More importantly, I am pleased that H.R. financial management systems pose a high that to them. We provide our troops and their 5010 provides $11 million in federal funds for risk of fraud, waste and mismanagement. families quality health care and benefits, which the Texas Training and Technology for Trau- To get a better understanding of how the they are entitled to in return for their service ma and Terrorism (T5) program, $9.5 million acquisition and procurement processes should and sacrifice for our nation. We provide signifi- for the Biology, Education, Screening, operate, the House Government Reform Com- cant funds for the development of tech- Chemoprevention, and Treatment (BESCT) mittee, National Security, Veterans Affairs and nologies that are needed for our missile de- lung cancer program at University of Texas International Relations Subcommittee asked fense systems so that we are better prepared (U.T.) M.D. Anderson Cancer Center, and GAO to follow a defense inventory item from to meet the future threats this country faces. $500,000 to the 147th Fighter Squadron of the the initial idea through procurement and oper- We increase the resources available to com- U.S. Air Force’s Texas Air National Guard to ation. They reviewed the procurement, ac- bat terrorism, which now is an immediate obtain chiropractic health care services. As the counting, control and payment processes for threat to the people of the United States. We Texas delegation’s lead sponsor of these the Joint Lightweight Integrated Suit Tech- increase key readiness accounts so that we projects, I have worked with the Memorial Her- nology (JSLIST), a chemical and biological continue to increase our capabilities to support mann Hospital, Texas Heart Institute, and protection garment for use by military per- our warfighters who are actively engaged in M.D. Anderson Cancer Center in my district, sonnel. protecting American interests around the and the House Appropriations Committee, to The General Accounting Office found DOD’s globe. secure funding as part of H.R. 5010. nonintegrated data systems and processes Let me say that this bill is also important to Mr. Chairman, the T5 program is a collabo- are wasting money and degrading readiness. Georgia. We fully funded the president’s budg- rative effort with Memorial Hermann Hospital, Despite pledges to the Subcommittee 2 years et requests for vital modern aircraft for our Air the Texas Heart Institute, and M.D. Anderson ago to fix scattered inventory controls, DOD Force, include the F–22 advanced tactical Cancer Center, that focuses on improving still cannot provide a real-time accounting of fighter, the C–17, the C–130 and JSTARS and emergency care. The goal of the program is to the location and condition of critical protective I oppose attempts to decrease funding for identify the best ways of protecting Houston, equipment. these critical weapons systems that our troops and any other cities, from the mortality and As a result, as DOD procures hundreds of need to successfully fight and win a war. cost of terrorism and other disasters. The T5 thousands of new JSLIST garments annually, Mr. Chairman, terrorism and our national se- program is the successor program to the ac- some military units have formally declared curity are not temporary problems, but per- claimed University of Texas-Army collabora- JSLIST garment surpluses while others cannot petual reminders of the uncertainty of the days tion known as DREAMS (Disaster Relief and

VerDate jun 06 2002 04:14 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 E:\CR\FM\K27JN7.027 pfrm15 PsN: H27PT1 H4086 CONGRESSIONAL RECORD — HOUSE June 27, 2002 Emergency Medical Services). This program state of Connecticut. This legislation provides allocates resources to continue our military’s will develop cutting-edge digital technology to the resources needed to fight the war on ter- transformation to meet the challenges of to- link ambulances, hospitals, and LifeFlight heli- rorism and build our nation’s military infra- morrow and it responds to the realities of the copters to ensure faster diagnosis and treat- structure and readiness. war on terrorism and sets us on course to ment for patients; it establishes a Center for This legislation continues our efforts at meet the new challenges that unquestionably Disaster Preparedness that will focus on de- transforming our military for the threats of the lie ahead. veloping training programs for public health future. The bill contains $4.1 billion for 23, F– When I came to Congress I pledged to do workers, emergency medical technicians, phy- 22 fighter aircraft, each of which are powered more to help Connecticut’s defense industries sicians, nurses, and public health programs in by two F135 engines assembled by Pratt and and the men and women who work so hard 24 bioterrorism and disaster preparedness; and Whitney in Middletown, Connecticut. The F–22 hours a day, seven days a week, to defend T5 establishes a new Army Training Center at will ensure that the U.S. maintains air domi- our nation. Looking at this legislation, I am the University of Texas Research Park where nance in any conflict in the years ahead. pleased with what has been provided thus far Army personnel undergo training in chemical The bill also continues our efforts at having and I look forward to building on these suc- and biological defenses and trauma surgery. the Pentagon buy smarter and more efficiently cesses. The $11 million approved for this program rep- through continued research and development Mr. Chairman, this bill is a well-crafted bill to resents the first federal support for the project. of the Joint Strike Fighter, now designated the meet many of the needs of our military. I urge In the past, I helped secure $38 million for F–35 and powered by the Pratt and Whitney my colleagues to support the bill. DREAMS, the previous program that T5 is award-winning F–135 engine system. Variants Mr. WATTS of Oklahoma. Mr. Chairman, I modeled after. Memorial Hermann Hospital, of one aircraft, the F–35, will eventually re- rise to explain why the United States Army needed to develop the Crusader Advanced Texas Heart Institute and M.D. Anderson Can- place four aircraft, the F–16, the A–10, and Field Artillery System, and still very much cer Center are to be commended for their the AV–8B and F–18 C/D, bringing important needs the Crusader technologies for near fu- leadership in developing the medical tech- cost savings not only in production but in the ture cannon artillery protection for our combat nologies and treatments of the 21st Century. maintenance and operation over the life of In addition to that funding, the $9.5 million each aircraft. soldiers. I stand here as the Congressman rep- approved in H.R. 5010 for the BESCT lung Building on our transformation to a more resenting the U.S. Army Field Artillery Center cancer program at the U.T. M.D. Anderson mobile force the bill approves $3.7 billion to at Fort Sill, Oklahoma. For decades, Fort Sill Center is the fourth installment in a five-year procure 12, C–17 Globemaster III transport has been recognized as the Center for Excel- plan to provide comprehensive services for aircraft; each of which are powered by four lence in field artillery for the United States, for lung cancer patients, including smoking ces- Pratt and Whitney F117 engines. The C–17 is NATO, in fact, for the world over. I champion the workhorse of getting our military to the sation, early diagnosis, inhibition of cancer de- Crusader because it is a superior weapon sys- velopment in active and former smokers, and fight and will be for years to come. For our Army, this bill contains funds for 4 tem that will equip our combat soldiers with improved treatment and survival for patients the best field artillery system in the world—not additional Black Hawk helicopters, built by Si- with active lung cancer. In the past, I helped the 9th best, behind China, Iran, North Korea korsky in Connecticut, for a total of 31 aircraft. secure $18 million for this program as part of and Russia. Crusader’s leap-ahead mobility, Our ground troops greatly benefit from the the Appropriations process. Mr. Speaker, lung lethality, and responsiveness is what our mod- speed, reliability, and safety of this first-class cancer is the leading cause of cancer death in ern battlefield requirements dictate. the United States today, killing more than helicopter. Countless news articles, speeches, testi- For our Navy, this bill allocates $1.49 billion 160,000 individuals a year. Research for this mony and letters emphasize that the U.S. disease has not received adequate funding in for one new Virginia Class attack submarine Army has needed an advanced field artillery proportion to the number of lung cancer pa- and over $1.03 billion for Trident Class sub- system for over a decade. The need for great- tients who are suffering from this disease. I marine conversion. The Virginia Class and Tri- er mobility in our self-propelled cannon how- am pleased that U.T. M.D. Anderson’s ambi- dent conversion programs assure America’s itzer became embarrassingly apparent during tious and vital program will have the funds continual dominance of the seas well into the Desert Storm when our existing howitzers necessary to help save lives and reduce 21st century. Electric Boat, located in my dis- could not keep pace with the maneuver force. health care costs. trict, has been manufacturing submarines for Poor performance in Desert Storm acceler- H.R. 5010 also provides $750,000 for the over a century. It manufactures the Virginia ated the Army’s planning for a major new artil- 147th Fighter Squadron of the U.S. Air Force’s Class and designs much of the Trident con- lery system that began in 1985. By mid-1993, Texas Air National Guard, which will enhance version. the requirements for the advanced field artil- chiropractic health care services on the cam- For these systems, the bill includes an addi- lery system and armored resupply vehicle pus of Texas Chiropractic College in Pasa- tional $7 million for research and development were approved, and development com- dena, Texas. This funding will allow the of new payloads and sensors for submarines, menced. In 1996, a major design change from Moody Clinic at the Texas Chiropractic Col- much of which will be done at Electric Boat, in a liquid propellant to a solid propellant for this lege and the 147th Fighter Squadron to pro- Groton, Connecticut. system altered the development and deploy- vide the men and women of the Texas Air Na- As every regional military commander will ment schedule. tional Guards with the resources to help pro- attest, our Navy is stretched thin, especially Then came Governor George Bush’s 1999 vide new diagnostic imaging assets and other our submarine force. These investments will Citadel speech asserting that our heavy forces tools that will enhance chiropractic, pain man- add significant capability to the commanders must be lighter. Shortly thereafter, Army Chief agement, and related health care services. At in the field at low cost and low risk to the tax- of Staff General Eric Shinseki directed that the a time when many of our military are facing in- payer. We must do continue to invest more in Crusader howitzer become deployable as a creased stress in service to our nation, I be- our submarine force. system on a single C–17 sortie. That trans- lieve that this is a much needed first step in Finally, this bill again addresses the needs formational forward-thinking General called it both relieving some of their pain and advanc- of our best asset in our military: our troops. right. The Crusader team put the howitzer on ing chiropractic medicine. The bill funds a 4.1 percent military pay raise a diet. Mr. Chairman, as H.R. 5010 provides critical and selected targeted pay raises to mid-grade Lighter weight, more mobility was the upside funding for these and other important and and non-commissioned officers. It approves of the trade off. The down side was a delay timely programs, I urge my colleagues to join housing allowances to bring down military per- in deployment from FY2005 to FY2008. me in supporting this measure, to support our sonnel’s out-of-pocket housing expenses from Next, then Governor Bush debated Senator Armed Forces in their efforts to fight terrorism 11.3 percent to 7.5 percent. For years much of JOHN MCCAIN in New Hampshire and uttered at home and abroad, and to provide homeland the nation has taken the men and women in the word ‘‘Crusader’’ when asked for an exam- defense and protection to keep America the military for granted. This brings needed re- ple of a weapon system a President Bush strong and freedom alive. lief to these gallant personnel. might terminate. But Governor Bush was talk- Mr. SIMMONS. Mr. Chairman, I rise in sup- This is just a partial list of the support this ing about a 60-ton howitzer. By 2001, the port of H.R. 5010, the Department of Defense legislation gives our men and women in uni- Army requirements already incorporated the Appropriations Act for Fiscal Year 2003 and I form. When we pass this bill we will be pro- weight reduction to 40 tons. ask my colleagues to support this important viding for the financial and housing needs of Maybe President Bush and his staff zeroed legislation. our servicemen and women, who stand ready in to kill a platform they thought was still too This year’s annual defense appropriations to go into harm’s way anywhere in the world heavy at 60 tons. Maybe that is why the De- bill is good for both America and for my home to defend our nation and our interests. It also fense Acquisition Executive, Undersecretary

VerDate jun 06 2002 04:14 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 9920 E:\CR\FM\A27JN7.012 pfrm15 PsN: H27PT1 June 27, 2002 CONGRESSIONAL RECORD — HOUSE H4087 Pete Aldridge, penned a memo to Secretary of Congress the power ‘‘to raise and support ar- ported Crusader in articles and letters, which Defense Rumsfeld urging a Crusader briefing mies.’’ And, I am proud to say that the Con- I circulated earlier and place in the CONGRES- for the President, actually calling it ‘‘Crusader gress, in its wisdom, has taken a different, and SIONAL RECORD today. Many of these state- II’’ as if to emphasize its transformation. more studied approach to its decision-making ments express grave concerns about the ab- Aldridge’s memo stated: on the Crusader. rupt decision to cancel Crusader without first ‘‘In response to the President’s continued For example, the House Armed Services consulting with the Army leadership. In fact, concern over Crusader, I have prepared the Committee recommended, and the full House the House Appropriations Committee Report attached that could be used as a memo- approved, full funding for FY 2003 for the Cru- expresses the same concern. randum for the President or a talking paper for sader Advanced Field Artillery System. This To a man, these Generals believe that the a personal discussion. As we have said before action included funding to complete the As- Army has waited too long already for robust the current Crusader II is not the 60-ton Cru- sessment of Alternatives (AOA) study by advanced field artillery with Crusader’s capa- sader of the past. . . . The paper is written to which the Army normally determines how its bilities. These Army generals know best the return to basics: Why we need artillery; what new weapons system stacks up against pred- battlefield requirements in any scenarios be- are the artillery characteristics desired; and, ecessor and alternative systems. cause they have fought and taken fire in many what is the best artillery option (Paladin or The Senate just voted 93–3 to permit the of them. Many of these Generals have person- Crusader II). A side-by-side comparison of Assessment of Alternatives study to proceed ally witnessed the Crusader prototype, which Paladin and Crusader II clearly shows the as well. has successfully fired over 6,500 rounds in comparative advantage of Crusader II.’’ Today the House will vote on the rec- Yuma, Arizona. I urge all of you to review In the proposed memorandum to the Presi- ommendation of the House Appropriations these Generals’ compelling statements. dent, the bottom line ‘‘Recommendation’’ stat- Committee to take the logical next step. Ac- Crusader’s performance has earned support ed: knowledging the last eight years of work, for full funding in the House-passed DOD Au- ‘‘Proceed with the development of Crusader Costing roughly $2 billion to develop the Cru- thorization bill, and FY2003 Appropriations for II. It has the firefighting features, to include sader system, the House Appropriations Com- its next iteration deployable by FY2008. lethality, deployability and mobility, we need. mittee report emphasizes that the major tech- I urge my colleagues to support the House The alternative is to surrender the techno- nological advances achieved by the Crusader authorization position and continued develop- logical gains made in this program and defer program must be retained. The report lists as ment of this technology on this critical artillery the qualitative edge we require relative to po- examples of Crusader’s technological ad- system. tential adversaries well into the next decade. vances: a liquid cooled cannon; ammunition Mr. GREEN of Texas. Mr. Chairman, I want Crusader II is a success story well worth sus- auto loader mechanism; digital fire control and to express my disappointment that the Appro- taining.’’ targeting computers; and a glass cockpit. priations Committee included $94 million to All the way through February, March and The Committee report recommends that fund the Department of the Navy’s Military April, reports, testimony, and other statements Crusader’s technical team and facilities be re- Sealift Command purchase of T–5 Tankers. from the Department of Defense, the Depart- tained to further develop an organic indirect As I have stated to the Chairman and the ment of the Army, the General Accounting Of- fire cannon artillery system. Accordingly, the Ranking Member of the Defense Appropria- fice, etc. reflected support for Crusader. House Appropriations Committee has rec- tions Subcommittee, I believe the Military Sea- Out of the blue, by early May, the Defense ommended a total of $368.5 million to provide lift Command has not determined the actual Department decided to voice opposition to the for integrating cannon technologies with a suit- cost of exercising their buyout option—particu- Crusader. Surprising many in Government, able platform, and munitions, and to insure larly by underestimating the purchase costs of media and even in our military, Pentagon offi- that such a system can be delivered not later the ships and by not taking into account lease cials undertook a unilateral campaign to re- than Fiscal Year 2008. Under the cir- and other termination costs. verse years of Army testimony in support for cumstances, the House Appropriations Com- There is no cost penalty for waiting until fu- a weapons system which I believe is vital to mittee has taken a good approach. ture fiscal years to purchase these vessels, our combat soldiers in fighting and winning Remember, however, our combat soldiers when the T–5 Tankers will be older and will wars. continue to be at risk. We cannot afford any have a lower residual value. The Crusader meets the needs of the 21st more delay in delivering them an advanced ar- However, Mr. Chairman, I note that the Century and the mission of transformation of tillery system like Crusader. Therefore, as final Committee acknowledged the excellent oper- U.S. Army weaponry. As Secretary Aldridge’s action, the Congress must ensure that we pro- ating history of the T–5 Tankers by condi- memo noted, Crusader is deployable as a sys- vide the army with sufficient funding to deliver tioning any changes in operating contracts re- tem anywhere in the world on a single C–17. an indirect fire cannon and platform no later sulting from this new acquisition strategy on a It is reliable and versatile, prepared to perform than FY 2008. certification to the Committee that the readi- in many different climates with many different Before I close, I want to quote from a letter ness and efficiency attained in the current op- scenarios. Crusader’s characteristics of surviv- written by the former Commanding General of eration of these tankers be maintained. ability and lethality make it a weapon to be the Field Artillery Center at Fort Sill, Major Knowing how the Committee operates, it feared by enemies of freedom—a word dear General Leo J. Baxter (RET). General Baxter would be my understanding that such certifi- to president Bush. wrote: cation to the Committee is not pro forma, but I will never know what exactly caused the ‘‘I have watched the development and matu- substantive, supported by facts and timely about-face, change of heart at the Pentagon rity of many Army programs, none of which submitted before agreements are executed af- over Crusader. Earlier this month, some of my has matched the performance and capabilities fecting T–5 Tanker operators or operating per- colleagues and I sent a letter to Defense Sec- of Crusader. Crusader is the answer for fire sonnel responsible for meeting the Defense retary Donald Rumsfeld requesting docu- support in the future. It provides the close fire Energy Support center’s military fuel resupply mentation on, among other issues, an Assess- support necessary for our troops to maneuver needs. ment of Alternatives that would justify the ab- on the battlefield. It also can provide the long- The current T–5 Tankers operator with this rupt decision to cancel the Crusader system. range precision fires enabled by Excalibur. excellent record, Ocean Shipholdings, Inc—a I never received a written response to my re- Unlike air power, which certainly is important, Texas-based company—has long expressed quest. Nor did I ever receive the documents I Crusader will be available 24/7 and in all its hope that the Navy will extend the existing requested, even in a personal meeting I had weather. The Defense Department has yet to leases when they expire. At the time Ocean with the Deputy Secretary of Defense. Per- specifically explain what new system will pro- Shipholdings is willing to renegotiate its oper- haps those documents, which should exist, do vide this support and then they will be ready. ating contract in a fashion which secures not. Perhaps I will never know. They simply are winging it and putting fighting these ships under operating rates beneficial to What I do know, however, is that our ground men at risk.’’ the Navy. forces need a balance in weaponry. They In voting on the DOD Appropriations bill, in- The Congress has been struggling to find need fire support that includes missiles, rock- cluding the provision on Crusader, you can additional funding to procure advanced com- ets, helicopters, aircraft, gunfire and cannons. rely on my words, or those of General Baxter. batant vessels and auxiliary craft for the Navy No matter how modern the warfare, battles Or you can take your lead from the strong en- mission; using current procurement funds to cannot be fought, nor won, using only com- dorsements of over two dozen retired 4-Star purchase aging vessel already under lease is puters. Generals who bring to bear some 1,000 years not the best use of those funds. It will reduce With great prescience, our forefathers draft- of first-hand experience in the art of warfare. the funds available to the Navy for new vessel ed the United States Constitution giving the Many of the 4-Star Generals listed have sup- construction.

VerDate jun 06 2002 05:47 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 9920 E:\CR\FM\A27JN7.014 pfrm15 PsN: H27PT1 H4088 CONGRESSIONAL RECORD — HOUSE June 27, 2002 Ocean Shipholdings designed and built on budget to give us a fast, accurate, world- The Administration has said they’ll have al- these five unique and environmentally compli- class artillery system to support and protect ternatives in production by 2008. If that does ant double-hulled ocean going oil tankers. American soldiers in combat—by 2008. not happen, the delay will put thousands of These U.S. flag T–5 Tankers were completed Mr. Chairman, let me stress that date— soldiers at undue risk. in 1985 and 1986, at which time they were 2008. In military procurement terms, that is Given the administration’s commitment to purchased and then leased back by private practically tomorrow. It puzzles me that we are cancel Crusader, I think the subcommittee sector leasing companies. at this point. leadership did its best to preserve funding for The T–5 Tankers were then Time Chartered Clearly, we must maintain a robust heavy alternatives. to the Military Sealift Command for a term of artillery development program. Therefore, I In conclusion, I believe the Pentagon think 20 years to transport petroleum fuels globally have pressed hard to ensure that this bill tank gurus have prematurely canceled Cru- to meet the requirements of the Defense En- gives very clear direction to the Army regard- sader. Canceling Crusader with nothing ready ergy Support Center under the Defense Logis- ing our intent for the follow-on artillery pro- to take its place is putting the cart before the tics Agency. gram. horse. However, I will work with them to get Ocean Shipholdings was awarded the prime For this challenging task, we give the Army an effective alternative on line. contract to manage, operate and maintain the a strict deadline and strong guidance to lever- I hope those who killed the Crusader now T–5 Tankers for the term of the 20-year Time age the best elements of the Crusader pro- feel an enormous responsibility to field a new Charters. This included crew, maintenance, in- gram, the breakthrough technologies and the artillery system by 2008. Delay in doing so surance, drydocking and logistics support on a intellectual property, including the technical could, God forbid, be measured in soldiers’ turnkey basis. workforce, as they develop and field the next- lives lost in combat after 2008. Under the operation of Ocean Shipholdings, generation heavy artillery system. Mr. Chairman, I would finally like to include the T–5 Tanker fleet has reliably moved clean To underscore this point, I want to read in the RECORD a statement by Congressman petroleum products worldwide for the Navy from the bill: NORM DICKS and myself. over the last sixteen years in some of the Immediately upon termination of the Cru- ADDITIONAL VIEWS OF HON. NORMAN D. DICKS sader Artillery System program, the Sec- most hostile ocean environments, including AND HON. CHET EDWARDS Antarctica and Arctic seaports. retary of the Army shall enter into a con- Ocean Shipholdings has a perfect safety tract to leverage technologies developed THE GAMBLE ON CRUSADER and environmental record in the operation of with funds invested in fiscal year 2002 and The Administration’s recent decision to the T–5 fleet, has maintained all five ships in prior years under the Crusader Artillery Sys- terminate the Crusador artillery system is a decision fraught with risk. Risk that we full operating status and continuous deploy- tem program . . . and other Army develop- ment programs in order to develop and field, hope will not end up costing soldier’s lives. ment for sixteen years, and has established by 2008, a Non-Line of Sight (NLOS) Objec- The Crusader self-propelled howitzer has comprehensive in-house protocols and con- tive Force artillery system and Resupply Ve- been under development for the last eight tractual arrangements for oil pollution re- hicle variants of the Future Combat System. years. This program is running under budget sponse. I think I speak for many when I say that we and on schedule with fielding of the first new During Operation Desert Storm, this Texas- howitzer set for 2008. The Crusader has been will be watching their progress closely. considered by the Army to be its highest pri- based tanker operator ran the T–5s in the war Mr. EDWARDS. Mr. Chairman, I rise today zone effectively and continuously with U.S. cit- ority acquisition program, because it would in support of the overall bill, which does a lot rectify the one glaring operational weakness izen officers and crew. of good things for our service men and women that endangers the Army’s battlefield suc- Instead of using scarce resources for the and for our nation’s defense. cess—heavy artillery support. purchase of these T–5 Tankers in this time of I appreciate the good work of the Sub- Currently, our Army is outgunned in heavy increasing burdens on U.S. military global op- committee Chairman, Mr. LEWIS and the Rank- artillery by at least 12 different countries erations, maintaining the current leases will ing Member, Mr. MURTHA in drafting this bill. (including all 3 countries in the so-called ensure the continued efficient operation of However, I have serious concerns over the ‘‘Axis of Evil’’)—a situation the Crusader these T–5 Tankers by Ocean Shipholdings— Pentagon’s cancellation of the Crusader artil- would rectify. It is estimated that as many as 40 countries could soon have artillery sys- while meeting the Defense Energy Support lery system—a decision that this bill ratifies. Center’s requirements for global movement of tems that out-range the Army’s current how- We are blessed as a nation with soldiers itzer—the Paladin—and that 28 countries are defense fuels. who are willing to serve and sacrifice to de- developing artillery-delivered high precision Extending the ship leases and Ocean fend our freedom. Our Army is the envy of the munitions to complement these systems. Shipholdings operating contract—at rates fa- world. Our artillery, however, is not. Clearly, most other countries around the vorable to the Navy and taxpayers—are the The Paladin artillery system, fielded today, world plan on making high performance most stable and prudent courses of action to is outgunned by at least 12 different countries, heavy artillery a mainstay of their military meet the Navy’s defense fuels needs over the including all three countries in the Axis of Evil. force for some time to come. next decade. Remember, any war with Iran, Iraq or North Last month, the Administration took the As this bill moves through conference com- Korea is going to be completely unlike Afghan- highly unusual step of deciding to cancel the Crusador program in the middle of the budg- mittee, I hope my colleagues will insist that the istan. In each of these hypothetical conflicts, Navy maintain the same level of readiness et cycle. This action was taken without con- we will need heavy ground forces, just like the sultation with the Army’s military leader- and efficiency already experienced in the op- Gulf War, but we will face artillery systems su- ship, and over their strong substantive objec- eration of these tankers by retaining their rela- perior to our own. tion. This decision will fundamentally alter tionship with Ocean Shipholdings. One of the Army’s top priorities over the last the role that U.S. heavy artillery will play in Mr. SABO. Mr. Chairman, I rise in support decade has been to give our soldiers artillery future battles, yet we have seen very little of this bill, and want to thank Mr. LEWIS and support that is second to none, the Crusader, evidence of any serious analytical effort to Mr. MURTHA for their fine work, particularly on a program that has been on time and under support this radical departure from the the provisions related to the Army Crusader budget. Army’s accepted doctrine. artillery program. On February 27, Deputy Secretary of De- The Administration has essentially made a The gentlemen have been fair and respon- giant strategic bet on behalf of our land fense Paul Wolfowitz said: forces that the combination of future ad- sive to my concerns that the Administration I’m not one of those people who think that vances in precision cannon and rocket muni- acted hastily in recommending cancellation of I can bet the farm on not needing artillery 10 tions (as distinguished from precision bombs the Crusader program. years from now. And I think this [the Cru- and missiles) combined with hoped for per- I am also grateful for the hard work of the sader] is the best artillery system available. fection of real time target identification and staff—especially Greg Dahlberg, Bill Gnacek, On February 28, the Army Chief of Staff, selection technology (based on ubiquitous Kevin Roper, Paul Juola and Letitia White— General Eric Shinseki, said: ‘‘24/7’’ all weather surveillance capabilities) who helped the Subcommittee sort through Crusader’s ability to keep up with ground will supplant the need to replace the Army’s these complex issues and produce a good bill. maneuver forces, its longer range, its high outdated Paladin howitzer with a system Mr. Chairman, over the past two months, I rate of fire, its precision, would be a signifi- that shoots farther and faster. have become increasingly convinced that the cant increase to the potential shortage of This decision depends upon unproven tech- fire we have today. nology and unproven tactics—betting that administration is wrong in asking Congress to more traditional lethality and combat over- terminate Crusader. I believe there is too Suddenly, in direct conflict with the Presi- match capabilities can be replaced by preci- much risk. dent’s Budget, the Pentagon reversed its un- sion and speed. It is a decision that—as the No one can argue that U.S. Army artillery is wavering support for Crusader and announced Army’s vaunted ‘‘Crusader talking points’’ seriously outdated. Crusader was on-track and its cancellation. said—‘‘could put soldier’s lives at risk’’ if

VerDate jun 06 2002 04:14 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.018 pfrm15 PsN: H27PT1 June 27, 2002 CONGRESSIONAL RECORD — HOUSE H4089 the Department’s hypothetical assumptions The Administration explains that the risk with the philosophy of ‘‘combat overmatch’’ about how and where future wars will be of keeping the Paladin is acceptable because through superior technology. Unlike the Air fought turn out to be wrong. the greater precision and range of Excalibur Force and the Navy, we have a small Army What is somewhat puzzling to us in that rounds and the projected availability of fire compared to other countries. Currently, the Army’s artillery upgrade plan that the support systems such as Guided MLRS and eight other armies in the world outnumber Secretary of Defense has now rejected calls air-delivered precision munitions can cover our Army. We make up for this with superior for improvements in both areas—lethality the existing indirect fire support shortfall. people, superior leadership, and superior and precision. The Army’s Crusader plan Aside from the issues of bad weather, respon- technology, but numbers still matter if we that was devised in the last Administration siveness, and ability to support the close let our technological edge slip. and endorsed in the first two Bush Adminis- fight, this new plan discounts many of the It is disturbing that the Defense Depart- tration budgets called for fielding the new traditional roles of artillery that depend ment seems willing to rest on the laurels of world-class Crusader howitzer by 2008 giving upon volume of fire over accuracy—such as past administrations and go back to a philos- the U.S. Army an artillery system that is fire to suppress enemy attacks, and cover ophy of ‘‘just enough,’’ The Crusader would operationally and technologically superior fire to protect friendly troop movements or provide US military personnel with the best to any artillery system in the world. The to protect sectors of a battlefield. Rate of technology in the world that meets a know second part of the Army’s plan was to per- fire is completely discounted as a priority deficiency of a military service that Amer- fect and field the GPS-guided Excalibur pro- under the new plan. ican industry has shown it can deliver on jectile to shoot from the Crusader within 3 It does not overstate the case to say that time and on budget. The Crusader system is to 5 years after the Crusader was in the Army military leaders do not support this a state-of-the-art heavy artillery system force. The combination of Crusader and Ex- plan—they see too much risk. While the Ad- that has already produced 7 new patents ministration points to skirmishes in Afghan- calibur would give the Army a truly dev- from its new technology. Over 6,000 test istan to support its bet on precision, many of astating capability to support its soldiers— rounds have already been fired and the sys- our military leaders worry about the poten- combining unprecedented accuracy with tem is meeting or exceeding range, rate-of- tial major battles that could erupt in Korea vastly superior rate of fire and range. fire, and reliability requirements by all ac- The Army had a prudent and affordable or other theaters where mechanized forces will determine the outcome. A high level De- counts. plan that recognized the possibility that de- It is simply hard to understand why a sys- veloping precision-guided cannon projectiles fense Department official echoed these exact concerns just 3 months ago when discussing tem that meets the biggest Army and rocket systems is a difficult task that warfighting deficiency is being scrapped. may end up falling short of expectations. the Crusader: If the President persists in demanding the Contrary to popular wisdom, precision-guid- ‘‘Unless we want to have no new artillery termination of the Crusader, the weaknesses ed cannon and rocket systems are not per- facing North Korea’s artillery, we need of the outdated Paladin (with or without the fected yet. Shooting sensitive high-tech pre- something. We have to remember, it’s not just a matter of fighting on horseback with Excalibur projectile) make it imperative cision guidance systems out of cannons ex- satellites and B–52s as we did in Afghanistan. that we expedite the development and field- erts several hundred times the G-forces ex- We still face Kim Jung-II in North Korea. We ing of the Objective Force next generation erted on air-delivered precision-guided still face Saddam Hussein in Iraq. We face artillery system. American soldiers do not bombs and missiles such as JDAM or Toma- others who use conventional weapons and deserve to continue to endure the risks of hawk, and the cost that contractors propose the question then becomes do you want to substandard artillery support. This defi- charging to overcome these factors is very modernize those or do you not.—Dov ciency must be eliminated as quickly as pos- high at the current time. For instance, the Zakheim, Comptroller, Department of De- sible. Army’s published plans call for paying fense. Comments on The News House With $222,000 per round for the first 9,417 Excalibur We therefore support the Committee posi- Jim Lehrer March 18, 2002.’’ tion of adding $173 million to the $195 million projectiles when and if they are perfected. The Crusader decision also signals a trou- This is 7 times greater than the Secretary of budget request for development of the Objec- bling change of direction about how we will tive Force artillery system in order to field Defense’ target price of $33,000 per round, and equip and fight our future force. Over the many experts question whether this target a new system by 2008. This would accelerate last several decades there has been a con- the Army’s old schedule by four to six years. price will ever be achieved. It seems the sensus that we should take maximum advan- Army had a very prudent plan—both from a This acceleration is possible only if the tage of America’s Scientific and techno- Army uses the existing Crusader engineering warfighting perspective and from a develop- logical strength to field military systems ment and cost risk perspective—that the team and leverages the technology advances and devise military strategy and tactics to garnered with the Army’s $2 billion invest- Secretary of Defense summarily and unilat- achieve decisive ‘‘combat overmatch’’ capa- erally rejected. ment that has already been spent on Cru- bilities against any potential opponent. Gen- sader development. So what is the Army left with under the eral Michael E. Ryan, former Air Force Chief Following are some of the detailed answers Administration’s new plan? In essence, the of Staff, succinctly summed up the combat received from DOD to our specific questions Army will be left with the outdated Paladin overmatch philosophy as follows: ‘‘I’m not on the Crusader that have been raised in the howitzer that sits on a 40-year-old chassis interested in fair fights. What I’m interested course of this debate. design that has already been upgraded six in is a 100 to nothing score, not 51–49.’’ different times. The Paladin of the future This philosophy has proven its worth—not 1. How does the Crusader compare to other will continue to shoot standard 155mm am- only does it save American lives on the bat- top foreign systems? Why don’t we simply munition at low rates of fire and at sub- tlefield, but it is an effective way to win the buy one of those systems? standard ranges as well as the new Excalibur peace. Our vastly superior military capabili- A comparison of the most advanced artil- precision projectile if it can be perfected, if ties cause potential adversaries to think lery systems in the global marketplace the Paladin chassis can be shown to with- twice before confronting us or our allies available to our allies shows why the Army stand the additional forces generated by fir- militarily, which contributes significantly believes the Crusader is a superior artillery ing this new round. to world peace and stability. This was not al- system. The Crusader delivers more fire- Whether Excalibur works or not, the Ad- ways the case, and we must continue to work power, is more mobile, protects its crew bet- ministration now plans on keeping the Pal- at keeping this edge. ter, weighs less, uses fewer crewmembers, adin in the force until 2032 when the Future Of all the military services, it is perhaps and is the only system that can be fully Combat System will finally phase it out. most important for the Army to continue networked on the battlefield. COMPARISON OF MODERN SELF-PROPELLED HOWITZERS

Crusader (U.S.)* Paladin (U.S.) G6 (S. Africa) AS90 (U.K.) PzH2000 (Germany) Max Range (km)* ...... 40 ...... 30 ...... 30 ...... 37.4 ...... 37.4 Max Rate of Fire* ...... 10 to 12/Minute. Indefi- 4/minute for 3 ...... 3/minute ...... 6/minute for 3 ...... 6-8 minute for 3 nitely. Crew Size (howitzer + resupply veh)...... 3 + 3 ...... 4 + 4 ...... 6+resupply crew ...... 5+resupply crew ...... 5+resupply crew Curb Wt. (ton) ...... 40 ...... 27 ...... 52 ...... 46.3 ...... 54+ Combat Wt. (ton) ...... 50 ...... 32 ...... 55.6 ...... 50.7 ...... 60.3 Horsepower ...... 1500 ...... 440 ...... 520 ...... 660 ...... 991 Projectile Qty...... 48 ...... 39 ...... 45 ...... 58 ...... 60 Accuracy ...... 96m @ 30km ...... 232m@30km ...... Unknown ...... 246m@30km ...... 200m@km Simultaneous rounds on target (MRSI Capability) ...... 4–10 rounds ...... N/A ...... Unknown ...... Unknown ...... 2–6 rounds Highway speed (km/hr)* ...... 67 ...... 60 ...... 85 ...... 52 ...... 62.5 X-Country Speed (km/hr)* ...... 48 ...... 27 ...... 30 ...... 25 ...... 45 NBC Macro Protection ...... Yes ...... No ...... No ...... No ...... No Resupply Vehicle ...... Yes/Automated ...... Yes/Manual ...... No ...... No ...... No U.S. Command & Control ...... Yes ...... Yes/Not All ...... No ...... No ...... No Notes: 1 G6 is a South African howitzer, AS90 is from the United Kingdom, and PzH2000 is German. 2 * indicates a key performance parameter (KPP). An additional KPP is the ability to automatically transfer 48 rounds from the resupply vehicle to the howitzer within 10.4 minutes, including maneuver time to link the vehicles—no other system can meet this requirement. 3 CEP is circular error probability. 4 MRSI is multiple round simultaneous impact capability. 5 NBC is nuclear (radiological) biological 1 warfare, and chemical warfare crew protection. Maximum Rate of Fire is at all deflections and quadrants using all projectile and fuse combinations.

VerDate jun 06 2002 05:09 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.027 pfrm15 PsN: H27PT1 H4090 CONGRESSIONAL RECORD — HOUSE June 27, 2002 2. How Much Does Crusader Cost? paid for. There are no Excalibur projectiles hanced. Cannons have the capability to shift A two-vehicle Crusader system (howitzer or Guided MLRS rockets in the current in- from target to target quickly—a matter of and resupply vehicle) could be procured for ventory. seconds in many cases. While launches do about $10.01 million (recurring production 4. The Army has the best tank, the best in- well in providing massed fires, there can costs, FY 01 constant dollars) which is about fantry fighting vehicle, and the best attack often experience unacceptable gaps for re- 70% of the cost of one Army Blackhawk heli- helicopter in the world. Why has the Army loading operation in sustaining fires. copter. In budget terms, the total procure- operated so long with an inferior heavy artil- Employment in Proximity to Friendly ment cost of $7 billion for 480 systems (an- lery system? Forces. Providing fires in close proximity to other $4 billion is for development) is sub- During the late 1970’s and 1980’s the Army friendly forces is an essential fire support stantial in and of itself, but in terms of the introduced new families of fighting systems task in the close fight. The minimum safe total Defense budget the Army’s planned av- that included the Abrams tank, Bradley distance as measured by bursting radius is erage appropriation level of about $1 billion fighting vehicle, air defense systems and hel- considerably smaller for cannons compared per year represents about one percent of the icopters such as Apache and Blackhawk. Due to existing rocket/missile systems. Final Army’s annual budget, and about 3 tenths of to fiscal constraints and diverging priorities protective fires and ‘‘danger close’’ missions one percent of the annual Defense Depart- in the mid 80’s, the field artillery was forced end up placing fires extremely close to ment budget. The total cost of the entire to skip a generation of cannon moderniza- friendly forces. The smaller bursting radius Crusader procurement is less than one year’s tion. of cannon munitions enables the worth of research for the missile defense pro- During that time period, the Army devel- ‘‘echelonment of fires’’ whereby the infantry gram. oped the Multiple Launch Rocket System uses a succession of cannon and mortar sys- 3. How much are the new Excalibur and (MLRS) to satisfy its deficiency in deep at- tems interchangeably to maximize the cov- guided MLRS munitions expected to cost, tack and Paladin was developed as an in- erage of fires until they must be shifted or and how does that compare to standard terim solution for its cannon deficiencies. lifted. Close fires require accuracy, respon- 155mm ammunition? Consequently, Paladin was a simple product siveness, timely delivery, and ‘‘controlled’’ Excalibur. The latest February 12, 2002 improvement to the old M 109 that lacked (or limited) effects (burst radius), to reduce Army estimate pegged the future Excalibur mobility, lethality, and survivability. Be- risk to supported forces. Cannon artillery program acquisition cost for the first 9,417 cause if the limitations of the chassis, Pal- can be employed much closer to our forces unitary projectiles at $222,000 per round, or a adin lacks the potential or significant prod- and is an absolute necessity in the close sup- total cost of $2.1 billion. The Army could uct improvement. port role since it can be employed in all purchase nearly half of the entire Crusader 5. Can indirect cannon fire support mis- weather, in all terrain, day or night. Weath- fleet (209 out of 480 systems) for the cost of sions be accomplished by greater investment er can severely hamper close air support. For the first 10,000 rounds of Excalibur ammuni- in other systems—aircraft, missiles, and instance, during the Kosovo air campaign, tion. The Administration’s target unit cost rockets? 56% of sorties were aborted due to weather. for Excalibur unitary is $33,000 per round for U.S. ground forces have traditionally re- Of those sorties executed, 33% were ad- 200,000 rounds, a seven-fold decrease com- quired a mix of rocket, missile and cannon versely affected by weather, resulting in less pared to the current price, for a total cost of systems to meet their fire support require- than half of the targets being effectively en- $6.6 billion. In addition, the Administration ments. Cannons have historically provided gaged. plans on buying an additional 40,264 Excal- close support to the maneuver arms on a 24- Sustainability. According to the Army, the ibur senior-fused (infra-red sensing skeet hour all weather basis. Although the unique logistical footprint for cannons is generally bomblets) projectiles at $96,000 per round, for characteristics that made cannon systems smaller than for rocket/missile launchers a total cost of $3.9 billion. The past Army ideal for this mission are becoming less dis- based on ammunition weight and cube size. track record in precision/smart munitions tinct as the capabilities of precision and Cost of Munitions. Cannon munitions have programs (SADARM, MSTAR, BAT, WAM, smart munitions are improved, several dis- historically been less expensive than rockets Copperhead) does not support this cost re- tinct characteristics are likely to remain. or missiles on a per-unit cost basis, and they duction assumption. But assuming the Army Flexibility and responsiveness. Flexibility provide a larger family of munitions to se- can attain these ‘‘best cost’’ estimates the and responsiveness are probably the cannon’s lect from to deal with battlefield dynamics. cost of the first 200,000 rounds of Excalibur hallmark. The close combat environment de- Compared to the expected range of cost for unitary and 40,000 rounds of Excalibur sen- mands the ability to rapidly accommodate new precision guided cannon and rocket mu- sor-fused projectiles would cost $10.5 billion, change. Cannon systems are more responsive nitions, the cost per round of non-precision more than one and half times the total cost to rapidly changing battle conditions be- 15mm cannon projectiles is cheaper on the of the Crusader procurement ($7 billion). If cause they carry a readily available quantity order of 140–925 to one (see #3 above). the $33,000 ‘‘best cost’’ estimate for Excal- and variety of munitions and can rapidly 6. Will there be a void in indirect fire sup- ibur unitary cannot be reached and the price change from one type of munition to another port without Crusader? can be reduced by only 50% to say, $100,000 as required. Cannons reload by individual Possibly. According to the requirement per round, the total cost for Excalibur uni- rounds vice pods for rockets/missiles. Rock- that was developed by the Army and ap- tary projectiles sky-rockets to over $20 bil- et/missile pods can only accommodate one proved by the Joint Requirements Council of lion in order to attain the Army’s initial type of munition at a time. Often, the type the Joint Chiefs of Staff, the Paladin was 200,000-unit inventory objective. In any case, of rocket/missile pod loaded may not be the judged to be not mobile enough to keep up it would require annual appropriations of optimum munition required for the specific with our mechanized force in a maneuver- well over $1 billion per year in order to fi- target. Fires and effects coordinators then dominated fight. The Army is also concerned nance the Excalibur production rate effi- face what can be a dilemma. They must ei- that the Paladin’s range and rate-of-fire lim- ciencies used as the basis for the target cost ther search for launchers loaded with the itations prevent it from providing the re- estimate—something that is unprecedented correct munition, fire the launcher loaded quired counter-fire ‘‘umbrella’’ for our for one type of round of Army ammunition. with the less than optimum munition, or di- forces. In addition to the significant increase It is also expected that the Army Excalibur rect reload. Launcher reload operations can in mobility, range, and rate-of-fire, Crusader inventory objective over time would increase take approximately 7–20 minutes, making provides the responsive, continuous fires and well above 200,000 units. them less than ideal in a time critical situa- mobility required for fast moving close com- Guided MLRS. The latest Army estimates tion. Aircraft carry limited amounts and bat operations. Its automated ammunition peg the expected cost of Guided MLRS uni- types of munitions and must land to recon- handling and resupply system combined with tary rockets at $65,000 per unit. Assuming figure or replenish their load. Aircraft reload an actively cooled cannon provide accurate that the Army would fire a minimum of two cycles are generally much longer than mis- sustained fires where needed in the required rockets per target, the cheapest ‘‘kill’’ cost sile and rocket systems. Army data indi- volume. Crusader interoperability with Joint for a truck or a tank using guided MLRS cated that a Crusader battalion could pro- and all Army command and control net- would be $130,000. Each salvo of 12 MLRS vide 130 tons of munitions in one hour, and works assures that effects are delivered when rockets would cost $780,000 for unitary war- 900 rounds in close support before the first needed; providing direct link capability to heads (equivalent to the cost of 3,250 155mm aircraft sorties arrives on station. any platform on the battlefield. projectiles). Continuous Fires. Cannon systems are 7. How old is Paladin and how much longer Non-precision 155mm HE ammunition. The more capable of providing continuous fires would it need to be in the force if Crusader Army’s most recent purchase of M107 HE (fires without gaps over a period of time) is canceled? Can Paladin be upgraded to 155mm projectiles was $240 per round for than are rocket/missile launchers and air- meet many of the Crusader requirements? 155,000 rounds. M795 HE rounds are estimated craft. With an actively cooled cannon, and The M109 series howitzer design began in to cost between $500 and $770 per round. fully automated rearm and resupply provided the mid-1950s and entered service in 1961. Inventory. The Army has an inventory of by Crusader resupply vehicles, the capability Paladin is the sixth modification to the M109 over 4.2 million 155mm HE rounds already to provide continuous fires is greatly en- design—no Paladins are new howitzers.

VerDate jun 06 2002 05:47 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.031 pfrm15 PsN: H27PT1 June 27, 2002 CONGRESSIONAL RECORD — HOUSE H4091 While maintaining virtually the same chas- talions were also reduced to 3 batteries of 6 The bill contains no emergency-designated sis, engine, transmission, and basic suspen- launchers each (down from 8 or 9 launchers new budget authority, but does include $1.9 sion, the Paladin’s weight has grown by one each), at the same time, Army tactics were billion worth of BA savings including $945 mil- third from 24 tons to 32 tons. The armament changed to take full advantage of the speed system has grown from a 24 caliber cannon of its tanks, Bradley fighting vehicles the lion in Working Capital Revolving Fund reduc- with a range of 14 kilometers to a 39 caliber Crusader, and other situation awareness ca- tions, $615 million in foreign currency savings cannon with a range of 30 kilometers. pabilities, increasing the planned battle and $195 million worth of rescissions of pre- The Crusader was planned to remain in the space for Army forces by over 200 percent. viously enacted BA. force beyond 2032. If Crusader is not avail- Termination of the Crusader will necessitate Accordingly, the bill complies with section able and the M109 series howitzer must be a reexamination of Army force structure, 302(f) of the Budget Act, which prohibits con- continued in its place, it is probable that it tactics, techniques, and procedures. sideration of bills in excess of an appropria- too would be in the field in 2032. This would 10. What are remaining development and tions subcommittee’s 302(b) allocation of mean that the M109 series howitzer would be cost risks of the Crusader? in the field 70 years after it initially entered The Army has testified that it rates the budget authority and outlays established in the service. The soldiers in 2030 could be fighting Crusader program a moderate to low risk for budget resolution. with the same howitzer used by their great technical performance, cost, and schedule. This bill represents the House’s unwavering grandfathers. The software build for Crusader is on sched- commitment to win the war against terrorism. The Army evaluated the prospect of im- ule and within cost estimates. The range and But in addition to combating terrorism, H.R. proving Paladin during the Cost and Oper- rate-of-fire key performance parameters are 5010 follows the blueprint set forth in the reso- ational Effectiveness Analysis completed for being demonstrated with the first prototype lution to give every service member a 4.1-per- Crusader’s Milestone 1 decision and the Con- vehicle at Yuma Proving Grounds and the re- cent pay raise, increased housing allowances, gressional report delivered in December 2000. supply and mobility are on schedule for dem- The analysis shows that to attain Crusader’s onstration in 2002. Over 6,000 test firings and incentive pay. rate-of-fire (10–12 RPM), cross country mobil- have shown the Crusader to be 142% more ac- Finally, section 201 of the budget resolution ity (39–48 KPH) and firing range (40–50 KM), curate to date than Paladin. Accuracy im- provided for a $10-billion reserve fund to con- Paladin would require an automated ammu- provements come from: A new projectile tinue military operations in fiscal year 2003. nition handling system, increased horse- tracking system that removes meteorolog- The Appropriations Committee has advised power, improved suspension, and a cooled 56 ical errors; Precision pointing with electric that it will deal with the war reserve fund when caliber cannon. Paladin lacks sufficient drives; thermal management; Muzzle veloc- the Pentagon provides more budgetary detail growth capacity in the chassis to allow these ity management; On-board projectile improvements. To strengthen the chassis to about how it plans to spend the $10 billion. weighting; and Inertial reference unit cou- In conclusion, I express my support for H.R. withstand these stresses would require re- pled to GPS to null out position errors. placing or significant design changes in the The program has been focusing significant 5010 and yield back the balance of my time. hull structure, hydraulics, engine, trans- effort on building the reliability of the sys- Mr. BEREUTER. Mr. Chairman, this Mem- mission and suspension sub-systems. tem in order to remove soldiers from the ber rises in strong support for H.R. 5010, the 8. Is Crusader rate of fire oversold because technical and manual operational aspect of Defense appropriations bill for FY 2003. This it can’t be resupplied at high enough rates? fighting a weapon system. Member would like to offer particular thanks to What is the logistical plan to resupply Cru- 11. How much does the Crusader weigh and the Chairman of the Subcommittee on Depart- sader during maximum rates of fire? what can carry it? ment of Defense Appropriations, the distin- Ammunition resupply has been an issue The Crusader howitzer was redesigned sev- that has plagued artilerymen for years. Be- eral years ago to reduce its weight from 60 guished gentleman from California (Mr. LEWIS) cause Crusader has a fully automated resup- tons to 40 tons. Under the Army’s current and the Ranking Minority Member on the Sub- ply system, it allows a 300% improvement in plan, Crusader artillery would be either committee on Department of Defense Appro- resupply operations. The key to successfully prepositioned or moved by sea as part of a priations, the distinguished gentleman from achieving this new resupply requirement will counterattack corps. If needed, Crusader sys- Pennsylvania (Mr. MURTHA) for their work on be the fielding of fully automated resupply tems could be airlifted on C–17 or C–5B air- this important bill. vehicles (RSVs) that can rearm a Crusader craft. Deployments by airlift would most This Member sincerely thanks the Com- howitzer with 48 rounds and refuel it in 10 likely entail a battery of 3 Crusader systems mittee on Appropriations for including $2.75 minutes—a 50% improvement. One technique to meet special contingencies. Crusader air- employs two resupply vehicles (RSV’s) per lift ranges would be: million in fiscal year 2003 for the Air National howitzer battery in the vicinity of the firing Nautical Miles Guard’s Project ALERT. Currently, Project area to conduct rearming and refueling, two C–17: ALERT serves as an on-line training tool de- RSVs in hide areas with full loads of ammu- 2 howitzers (84 tons) ...... 2,276 veloped and used by the Nebraska National nition, and two RSVs uploading at the Logis- 1 howitzer and 1 resupply vehicle Guard in collaboration with the Department of tics Resupply Point. Other methods may be (w) (73 tons) ...... 2,782 Defense, the National Guard Bureau, the Uni- C–5B: employed, depending on the individual tac- versity of Nebraska, and Nebraska Edu- tical situation, and considerations of dis- 2 howitzers (84 tons) ...... 3,200 tances that have to be traveled between the 1 howitzer and 1 resupply vehicle cational Television. The $2.75 million appro- locations. The introduction of the wheeled (w) (73 tons) ...... 3,500 priated in H.R. 5010 will assist with the devel- RSV gives the commander enhanced flexi- Mr. NUSSLE. Mr. Chairman, I rise today in opment of the new courses and the modifica- bility to conduct resupply operations de- support of H.R. 5010, the Defense Appropria- tion of existing courses. pending on the threat. For example, when tions Act for Fiscal Year 2003. This piece of Indeed, the implications of Project ALERT facing a high counter fire threat, the com- legislation is perhaps the most important com- extend nationwide and to components of both mander could deploy the tracked resupply ponent of our wartime budget for America. It the active and reserve military forces. Allowing vehicles forward providing maximum protec- is the first bill we are considering pursuant to military forces to complete some training tion for the crew while using the wheeled ve- hicles to upload and transport ammunition the 302(b) allocations filed by the Appropria- courses on their own time, as Project ALERT in the less vulnerable rear positions and tions Committee on June 24. I am happy to does, provides an opportunity to cut on-site transfer the ammunition to the tracked car- report that it is consistent with the levels es- training costs and time and to maximize exer- riers. In a law counter fire threat, the com- tablished in H. Con. Res. 353, the House con- cise time. For the U.S. military to meet the mander could also deploy the wheeled vehi- current resolution on the budget for fiscal year challenges it will face during the current war cles forward maximizing through put of am- 2003, which we subsequently deemed as hav- on terrorism and throughout the 21st Century, munition. The automatic resupply and can- ing the effect of a conference report on the it is crucial that Congress invest in innovative non autoloader capability is a major techno- resolution. The budget resolution provided and flexible training tools such as Project logical leap forward for the Army, which has never had this capability before. $393.8 billion in budget authority for national ALERT. 9. What force structure was sacrificed in defense, including $10 billion for a war reserve Furthermore, this Member is very appre- anticipation of fielding Crusader? Will struc- fund. This bill funds the bulk of that commit- ciative that the Committee has approved the ture be added back if Crusader is termi- ment. The rest is funded in separate military appropriation of $4 million for a bioprocessing nated? What will that cost? construction and energy and water appropria- facility at the University of Nebraska-Lincoln, In anticipation of the increased firepower tions bills. giving (UNL). and productivity of the Crusader system, the H.R. 5010 provides $354.446 billion in new These funds will be used for the third phase Army reduced force structure in both ma- neuver and fire support units by 25 percent discretionary budget authority, which is $1 mil- of the project to establish and validate a cur- in the mid-1990s. The Army reduced Paladin lion less than the 302(b) allocation to the rent Good Manufacturing Practices (cGMP) and all other cannon battalions from three House Appropriations Subcommittee on De- processing facility with the capability to make batteries of eight howitzers (3x8) to three fense. Outlays of $345.328 billion are $782 vaccines as therapeutic countermeasures batteries of six howitzers (3x6). MLRS bat- million below the subcommittee’s allocation. against biological warfare agents. Two cGMP

VerDate jun 06 2002 05:47 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 9920 E:\CR\FM\A27JN7.034 pfrm15 PsN: H27PT1 H4092 CONGRESSIONAL RECORD — HOUSE June 27, 2002 pilot plants, one dedicated to yeast/bacterial all. That’s a twenty-five percent increase for I especially appreciate the emerging rec- culture and the other dedicated to mammalian this important program. So again, I thank the ognition by the Subcommittee of the impor- cell culture will be built within the new Chem- gentleman from California for bringing a bill to tance of addressing the problem of ical Engineering building on the UNL campus. the floor that fully funds the President’s re- unexploded ordnance (UXO), the bombs and The funds will be used to build and equip the quest for Tuition Assistance and allows our shells that did not go off as intended and sub- laboratories. service members the full measure of their edu- sequently litter the landscape. I am pleased to This will be a commercial-grade facility, giv- cational benefits. be working with the Subcommittee leadership ing UNL the capability, if required by the De- Mr. STARK. Mr. Chairman, I rise in opposi- on this issue. We have made a step in the partment of Defense (DoD), to make vaccines tion to the Defense Appropriation Act for FY right direction toward getting the federal gov- against biological warfare agents and products 2003. This bill is full of all the usual pork. ernment to clean up after itself and be a good that can be used as therapeutic counter- On September 11, we were tragically shown steward of the land. As we continue to con- measures to treat people who have been ex- how easy it is to defeat conventional defenses sider defense appropriations funding as the posed to biological agents. UNL is currently and deliver a weapon of mass destruction year progresses, I hope that we will be able to doing this on a smaller level and is well suited anywhere in the United States. This bill calls address the critical needs for UXO research & to pursue this expansion. These facilities cer- for spending billions on programs that don’t di- development and cleanup. tainly will enhance our nation’s ability to re- rectly respond to this basic security concern. Mr. MURTHA. Mr. Chairman, I yield spond to biological warfare. In fact, most of this money will do nothing to back the balance of my time. In closing, Mr. Chairman, this Member urges help defend our country from terrorism or stop Mr. LEWIS of California. Mr. Chair- his colleagues to support H.R. 5010. terrorist elements overseas. man, I yield back the balance of my Mr. CALVERT. Mr. Chairman, I rise today in We have now wasted over $100 billion on time. strong support of the Defense Appropriations several different versions of a national missile The CHAIRMAN. All time for general Act for Fiscal Year 2003. This bill provides our defense system. If we continue to spend at debate has expired. armed forces with the resources to fight ter- this level for the next ten years, we will spend Pursuant to the rule, the bill shall be rorism and strengthens military quality of life, more than $200 billion. Why would anyone considered for amendment under the 5- readiness, infrastructure and modernization spend billions developing ICBMs when it minute rule. During consideration of programs. I would like to commend Chairman would be far more cost effective and techno- the bill for amendment, the Chair may LEWIS, Ranking Member MURTHA and their logically feasible to put it on a boat, a plane, accord priority in recognition to a staffs for their bipartisan work in putting this or in a cargo container? Member offering an amendment that bill together. We also are going to spend $7.6 billion on he has printed in the designated place The bill also includes funding for 12 new C– two advanced strike fighters designed to com- in the CONGRESSIONAL RECORD. Those 17 airlifters along with other acquisitions and bat advanced tactical aircraft and penetrate amendments will be considered read. improvements for our cargo and tanker fleet. enemy countries with integrated air defense The Clerk will read. Combat forces cannot fight, peacekeepers systems. Yet, we are more threatened by The Clerk read as follows: cannot keep the peace and humanitarian aid those with the capability of building bombs in H.R. 5010 cannot be distributed without an effective, their basements than our most sophisticated Be it enacted by the Senate and House of Rep- rapid global mobility force. Continuing to build adversaries, all of whom don’t even possess resentatives of the United States of America in up our cargo and tanker fleet will help ensure these specialized air defenses. Will these Congress assembled, That the following sums that the United States military can continue to multi-million dollar fighter planes help us? No. are appropriated, out of any money in the effectively deliver both guns and butter any- Treasury not otherwise appropriated, for the But, we are going to throw billions of dollars time, anyplace. fiscal year ending September 30, 2003, for Mr. GARY G. MILLER of California. Mr. after these defense contractors anyway. military functions administered by the De- Chairman, I wish to thank the distinguished Finally, when the Administration decided to partment of Defense, and for other purposes, Chairman of the Defense Appropriations Sub- cancel the $11 billion Crusader mobile how- namely: itzer, the Republican Leadership refused to committee, Congressman LEWIS, and Full TITLE I consider my amendment supporting the Ad- Committee Chairman YOUNG for the incredible MILITARY PERSONNEL amount of work they and their Committees ministration’s decision. Later when they saw Mr. LEWIS of California (during the have put into this bill. The American people the wisdom of cutting this program to put to- reading). Mr. Chairman, I ask unani- deserve a bill that provides for the defense of ward current homeland security needs, they mous consent that the remainder of our nation and this bill puts us well on the way still left a few hundred million in an account to the bill through page 115, line 16, be to a fully restored and invigorated military. continue to fund an identical artillery system. considered as read, printed in the Earlier this year it came to my attention that Why? To give more pork to our poor defense RECORD, and open to amendment at across the Armed Services, Tuition Assistance contractors. any point. funds had been exhausted for Fiscal Year It is time this Congress realizes: more The CHAIRMAN. Is there objection 2002. As many Members know, the Tuition money for unneeded and outdated programs to the request of the gentleman from Assistance Program, commonly referred to as will not improve our national security. We California? TA, provides soldiers, sailors, airmen, and ma- need to be wise in our defense spending. That Mr. KUCINICH. Mr. Chairman, I re- rines the opportunity to construct an edu- is why I oppose this bill and urge my col- serve the right to object. Mr. Chair- cational plan and have up to 75 percent of leagues to vote against it. man, if I can have an inquiry of the their tuition paid by their branch of service for Mr. BLUMENAUER. Mr. Chairman, I intend gentleman from Pennsylvania. amounts up to $3,500 per year. It’s an ex- to support this bill before us today, but I have Mr. MURTHA. This just opens the tremely popular program and a great oppor- grave reservations about several of its provi- bill up. tunity for our men and women in uniform to sions. Mr. KUCINICH. A number of Mem- pursue a degree while serving their country. This bill spends $354.7 billion, $33.7 billion bers have amendments that might be Unfortunately, instead of having this edu- more than the current level. $7.4 billion of that relevant earlier in the bill. I just won- cational benefit available to them, our service is for the misguided missile defense system, dered, Will this open the process up to members are confronted with a budget short- which costs too much and is not in the best amendments at any point? fall for 2002. interest of the country. At this critical time in Mr. MURTHA. That is right. These men and women have put their lives our nation’s struggle against terrorism, we Mr. KUCINICH. So all of our amend- on hold to serve their country; our nation must spend our resources wisely on America’s ments, then, would have a chance to be should never put their educational plans on most immediate defense needs. Missile de- brought forward. I thank the gen- hold because of the exhaustion of TA dollars. fense is not among them. tleman. That’s why I am especially thankful to Chair- There are a few broader dimensions in this Mr. Chairman, I withdraw my res- man YOUNG, Chairman LEWIS, and their staffs bill that are encouraging to me. The bill pro- ervation of objection. for taking a close look at this program, which vides no funds for the outmoded Crusader The CHAIRMAN. Is there objection seeks to give our men and women in uniform mobile howitzer, a weapons system designed to the request of the gentleman from greater access to higher education and even- for a war from an age long past. I was California? tually the dream of obtaining a college degree. pleased to see that the bill fully funds the There was no objection. This bill includes a substantial increase in President’s request for the Defense Environ- The text of the remainder of the bill Tuition Assistance dollars—over $90 million in mental Restoration Account. through page 115, line 16, is as follows:

VerDate jun 06 2002 05:47 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.038 pfrm15 PsN: H27PT1 June 27, 2002 CONGRESSIONAL RECORD — HOUSE H4093

MILITARY PERSONNEL, ARMY training, or while performing drills or equiv- Secretary of the Army, and payments may For pay, allowances, individual clothing, alent duty, and for members of the Reserve be made on his certificate of necessity for subsistence, interest on deposits, gratuities, Officers’ Training Corps, and expenses au- confidential military purposes, permanent change of station travel (includ- thorized by section 16131 of title 10, United $23,942,768,000: Provided, That of the funds ap- ing all expenses thereof for organizational States Code; and for payments to the Depart- propriated in this paragraph, not less than movements), and expenses of temporary duty ment of Defense Military Retirement Fund, $355,000,000 shall be made available only for travel between permanent duty stations, for $1,897,352,000. conventional ammunition care and mainte- members of the Army on active duty (except RESERVE PERSONNEL, MARINE CORPS nance. members of reserve components provided for For pay, allowances, clothing, subsistence, OPERATION AND MAINTENANCE, NAVY elsewhere), cadets, and aviation cadets; and gratuities, travel, and related expenses for For expenses, not otherwise provided for, for payments pursuant to section 156 of Pub- personnel of the Marine Corps Reserve on ac- necessary for the operation and maintenance lic Law 97–377, as amended (42 U.S.C. 402 tive duty under section 10211 of title 10, of the Navy and the Marine Corps, as author- note), and to the Department of Defense United States Code, or while serving on ac- ized by law; and not to exceed $4,415,000 can Military Retirement Fund, $26,832,217,000. tive duty under section 12301(d) of title 10, be used for emergencies and extraordinary MILITARY PERSONNEL, NAVY United States Code, in connection with per- expenses, to be expended on the approval or For pay, allowances, individual clothing, forming duty specified in section 12310(a) of authority of the Secretary of the Navy, and subsistence, interest on deposits, gratuities, title 10, United States Code, or while under- payments may be made on his certificate of permanent change of station travel (includ- going reserve training, or while performing necessity for confidential military purposes, ing all expenses thereof for organizational drills or equivalent duty, and for members of $29,121,836,000. the Marine Corps platoon leaders class, and movements), and expenses of temporary duty OPERATION AND MAINTENANCE, MARINE CORPS travel between permanent duty stations, for expenses authorized by section 16131 of title 10, United States Code; and for payments to For expenses, not otherwise provided for, members of the Navy on active duty (except necessary for the operation and maintenance members of the Reserve provided for else- the Department of Defense Military Retire- ment Fund, $553,983,000. of the Marine Corps, as authorized by law, where), midshipmen, and aviation cadets; $3,579,359,000. and for payments pursuant to section 156 of RESERVE PERSONNEL, AIR FORCE OPERATION AND MAINTENANCE, AIR FORCE Public Law 97–377, as amended (42 U.S.C. 402 For pay, allowances, clothing, subsistence, note), and to the Department of Defense gratuities, travel, and related expenses for For expenses, not otherwise provided for, Military Retirement Fund, $21,874,395,000. personnel of the Air Force Reserve on active necessary for the operation and maintenance MILITARY PERSONNEL, MARINE CORPS duty under sections 10211, 10305, and 8038 of of the Air Force, as authorized by law; and not to exceed $7,902,000 can be used for emer- For pay, allowances, individual clothing, title 10, United States Code, or while serving gencies and extraordinary expenses, to be ex- subsistence, interest on deposits, gratuities, on active duty under section 12301(d) of title pended on the approval or authority of the permanent change of station travel (includ- 10, United States Code, in connection with Secretary of the Air Force, and payments ing all expenses thereof for organizational performing duty specified in section 12310(a) may be made on his certificate of necessity movements), and expenses of temporary duty of title 10, United States Code, or while un- for confidential military purposes, travel between permanent duty stations, for dergoing reserve training, or while per- $27,587,959,000: Provided, That notwith- members of the Marine Corps on active duty forming drills or equivalent duty or other standing any other provision of law, that of (except members of the Reserve provided for duty, and for members of the Air Reserve Of- the funds available under this heading, elsewhere); and for payments pursuant to ficers’ Training Corps, and expenses author- $750,000 shall only be available to the Sec- section 156 of Public Law 97–377, as amended ized by section 16131 of title 10, United States retary of the Air Force for a grant to Florida (42 U.S.C. 402 note), and to the Department of Code; and for payments to the Department of Memorial College for the purpose of funding Defense Military Retirement Fund, Defense Military Retirement Fund, minority aviation training: Provided further, $8,504,172,000. $1,236,904,000. That of the amount provided under this NATIONAL GUARD PERSONNEL, ARMY MILITARY PERSONNEL, AIR FORCE heading, not less than $2,000,000 shall be obli- For pay, allowances, individual clothing, For pay, allowances, clothing, subsistence, gated for the deployment of Air Force active subsistence, interest on deposits, gratuities, gratuities, travel, and related expenses for and Reserve aircrews that perform combat permanent change of station travel (includ- personnel of the Army National Guard while search and rescue operations to operate and ing all expenses thereof for organizational on duty under section 10211, 10302, or 12402 of evaluate the United Kingdom’s Royal Air movements), and expenses of temporary duty title 10 or section 708 of title 32, United Force EH–101 helicopter, to receive training travel between permanent duty stations, for States Code, or while serving on duty under using that helicopter, and to exchange oper- members of the Air Force on active duty (ex- section 12301(d) of title 10 or section 502(f) of ational techniques and procedures regarding cept members of reserve components pro- title 32, United States Code, in connection that helicopter. with performing duty specified in section vided for elsewhere), cadets, and aviation ca- OPERATION AND MAINTENANCE, DEFENSE-WIDE dets; and for payments pursuant to section 12310(a) of title 10, United States Code, or 156 of Public Law 97–377, as amended (42 while undergoing training, or while per- (INCLUDING TRANSFER OF FUNDS) U.S.C. 402 note), and to the Department of forming drills or equivalent duty or other For expenses, not otherwise provided for, Defense Military Retirement Fund, duty, and expenses authorized by section necessary for the operation and maintenance $21,957,757,000. 16131 of title 10, United States Code; and for of activities and agencies of the Department payments to the Department of Defense Mili- RESERVE PERSONNEL, ARMY of Defense (other than the military depart- tary Retirement Fund, $5,070,188,000. ments), as authorized by law, $14,850,377,000, For pay, allowances, clothing, subsistence, NATIONAL GUARD PERSONNEL, AIR FORCE of which not to exceed $25,000,000 may be gratuities, travel, and related expenses for available for the CINC initiative fund ac- personnel of the Army Reserve on active For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for count; and of which not to exceed $34,500,000 duty under sections 10211, 10302, and 3038 of can be used for emergencies and extraor- title 10, United States Code, or while serving personnel of the Air National Guard on duty under section 10211, 10305, or 12402 of title 10 dinary expenses, to be expended on the ap- on active duty under section 12301(d) of title proval or authority of the Secretary of De- 10, United States Code, in connection with or section 708 of title 32, United States Code, or while serving on duty under section fense, and payments may be made on his cer- performing duty specified in section 12310(a) tificate of necessity for confidential military of title 10, United States Code, or while un- 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with per- purposes: Provided, That notwithstanding dergoing reserve training, or while per- any other provision of law, of the funds pro- forming drills or equivalent duty or other forming duty specified in section 12310(a) of title 10, United States Code, or while under- vided in this Act for Civil Military programs duty, and for members of the Reserve Offi- under this heading, $750,000 shall be available cers’ Training Corps, and expenses author- going training, or while performing drills or equivalent duty or other duty, and expenses for a grant for Outdoor Odyssey, Roaring ized by section 16131 of title 10, United States Run, Pennsylvania, to support the Youth De- Code; and for payments to the Department of authorized by section 16131 of title 10, United States Code; and for payments to the Depart- velopment and Leadership program and De- Defense Military Retirement Fund, partment of Defense STARBASE program: $3,373,455,000. ment of Defense Military Retirement Fund, $2,124,411,000. Provided further, That none of the funds ap- RESERVE PERSONNEL, NAVY TITLE II propriated or otherwise made available by For pay, allowances, clothing, subsistence, this Act may be used to plan or implement gratuities, travel, and related expenses for OPERATION AND MAINTENANCE the consolidation of a budget or appropria- personnel of the Navy Reserve on active duty OPERATION AND MAINTENANCE, ARMY tions liaison office of the Office of the Sec- under section 10211 of title 10, United States For expenses, not otherwise provided for, retary of Defense, the office of the Secretary Code, or while serving on active duty under necessary for the operation and maintenance of a military department, or the service section 12301(d) of title 10, United States of the Army, as authorized by law; and not headquarters of one of the Armed Forces Code, in connection with performing duty to exceed $10,818,000 can be used for emer- into a legislative affairs or legislative liaison specified in section 12310(a) of title 10, United gencies and extraordinary expenses, to be ex- office: Provided further, That $4,675,000, to re- States Code, or while undergoing reserve pended on the approval or authority of the main available until expended, is available

VerDate jun 06 2002 04:38 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.010 pfrm15 PsN: H27PT1 H4094 CONGRESSIONAL RECORD — HOUSE June 27, 2002 only for expenses relating to certain classi- pital treatment and related expenses in non- funds made available by this appropriation fied activities, and may be transferred as Federal hospitals; maintenance, operation, to other appropriations made available to necessary by the Secretary to operation and repair, and other necessary expenses of fa- the Department of the Air Force, to be maintenance appropriations or research, de- cilities for the training and administration merged with and to be available for the same velopment, test and evaluation appropria- of the Air National Guard, including repair purposes and for the same time period as the tions, to be merged with and to be available of facilities, maintenance, operation, and appropriations to which transferred: Provided for the same time period as the appropria- modification of aircraft; transportation of further, That upon a determination that all tions to which transferred: Provided further, things, hire of passenger motor vehicles; sup- or part of the funds transferred from this ap- That any ceiling on the investment item plies, materials, and equipment, as author- propriation are not necessary for the pur- unit cost of items that may be purchased ized by law for the Air National Guard; and poses provided herein, such amounts may be with operation and maintenance funds shall expenses incident to the maintenance and transferred back to this appropriation. not apply to the funds described in the pre- use of supplies, materials, and equipment, in- ENVIRONMENTAL RESTORATION, DEFENSE-WIDE ceding proviso: Provided further, That the cluding such as may be furnished from (INCLUDING TRANSFER OF FUNDS) transfer authority provided under this head- stocks under the control of agencies of the For the Department of Defense, $23,498,000, ing is in addition to any other transfer au- Department of Defense; travel expenses to remain available until transferred: Pro- thority provided elsewhere in this Act. (other than mileage) on the same basis as au- vided, That the Secretary of Defense shall, OPERATION AND MAINTENANCE, ARMY thorized by law for Air National Guard per- upon determining that such funds are re- RESERVE sonnel on active Federal duty, for Air Na- quired for environmental restoration, reduc- For expenses, not otherwise provided for, tional Guard commanders while inspecting tion and recycling of hazardous waste, re- necessary for the operation and mainte- units in compliance with National Guard Bu- moval of unsafe buildings and debris of the nance, including training, organization, and reau regulations when specifically author- Department of Defense, or for similar pur- administration, of the Army Reserve; repair ized by the Chief, National Guard Bureau, poses, transfer the funds made available by of facilities and equipment; hire of passenger $4,113,010,000. this appropriation to other appropriations motor vehicles; travel and transportation; UNITED STATES COURT OF APPEALS FOR THE made available to the Department of De- fense, to be merged with and to be available care of the dead; recruiting; procurement of ARMED FORCES for the same purposes and for the same time services, supplies, and equipment; and com- For salaries and expenses necessary for the period as the appropriations to which trans- munications, $1,976,710,000. United States Court of Appeals for the ferred: Provided further, That upon a deter- OPERATION AND MAINTENANCE, NAVY RESERVE Armed Forces, $9,614,000, of which not to ex- mination that all or part of the funds trans- For expenses, not otherwise provided for, ceed $2,500 can be used for official represen- ferred from this appropriation are not nec- necessary for the operation and mainte- tation purposes. essary for the purposes provided herein, such nance, including training, organization, and ENVIRONMENTAL RESTORATION, ARMY amounts may be transferred back to this ap- administration, of the Navy Reserve; repair (INCLUDING TRANSFER OF FUNDS) propriation. of facilities and equipment; hire of passenger For the Department of the Army, ENVIRONMENTAL RESTORATION, FORMERLY motor vehicles; travel and transportation; $395,900,000, to remain available until trans- USED DEFENSE SITES care of the dead; recruiting; procurement of ferred: Provided, That the Secretary of the (INCLUDING TRANSFER OF FUNDS) services, supplies, and equipment; and com- Army shall, upon determining that such For the Department of the Army, munications, $1,239,309,000. funds are required for environmental res- $212,102,000, to remain available until trans- OPERATION AND MAINTENANCE, MARINE CORPS toration, reduction and recycling of haz- ferred: Provided, That the Secretary of the RESERVE ardous waste, removal of unsafe buildings Army shall, upon determining that such For expenses, not otherwise provided for, and debris of the Department of the Army, funds are required for environmental res- necessary for the operation and mainte- or for similar purposes, transfer the funds toration, reduction and recycling of haz- nance, including training, organization, and made available by this appropriation to ardous waste, removal of unsafe buildings administration, of the Marine Corps Reserve; other appropriations made available to the and debris at sites formerly used by the De- repair of facilities and equipment; hire of Department of the Army, to be merged with partment of Defense, transfer the funds made passenger motor vehicles; travel and trans- and to be available for the same purposes available by this appropriation to other ap- portation; care of the dead; recruiting; pro- and for the same time period as the appro- propriations made available to the Depart- curement of services, supplies, and equip- priations to which transferred: Provided fur- ment of the Army, to be merged with and to ment; and communications, $189,532,000. ther, That upon a determination that all or be available for the same purposes and for the same time period as the appropriations OPERATION AND MAINTENANCE, AIR FORCE part of the funds transferred from this appro- to which transferred: Provided further, That RESERVE priation are not necessary for the purposes provided herein, such amounts may be trans- upon a determination that all or part of the For expenses, not otherwise provided for, ferred back to this appropriation. funds transferred from this appropriation are necessary for the operation and mainte- not necessary for the purposes provided here- ENVIRONMENTAL RESTORATION, NAVY nance, including training, organization, and in, such amounts may be transferred back to administration, of the Air Force Reserve; re- (INCLUDING TRANSFER OF FUNDS) this appropriation. pair of facilities and equipment; hire of pas- For the Department of the Navy, OVERSEAS HUMANITARIAN, DISASTER, AND senger motor vehicles; travel and transpor- $256,948,000, to remain available until trans- CIVIC AID tation; care of the dead; recruiting; procure- ferred: Provided, That the Secretary of the For expenses relating to the Overseas Hu- ment of services, supplies, and equipment; Navy shall, upon determining that such manitarian, Disaster, and Civic Aid pro- and communications, $2,165,604,000. funds are required for environmental res- grams of the Department of Defense (con- OPERATION AND MAINTENANCE, ARMY toration, reduction and recycling of haz- sisting of the programs provided under sec- NATIONAL GUARD ardous waste, removal of unsafe buildings tions 401, 402, 404, 2547, and 2551 of title 10, For expenses of training, organizing, and and debris of the Department of the Navy, or United States Code), $58,400,000, to remain administering the Army National Guard, in- for similar purposes, transfer the funds made available until September 30, 2004. available by this appropriation to other ap- cluding medical and hospital treatment and FORMER SOVIET UNION THREAT REDUCTION propriations made available to the Depart- related expenses in non-Federal hospitals; For assistance to the republics of the ment of the Navy, to be merged with and to maintenance, operation, and repairs to former Soviet Union, including assistance be available for the same purposes and for structures and facilities; hire of passenger provided by contract or by grants, for facili- the same time period as the appropriations motor vehicles; personnel services in the Na- tating the elimination and the safe and se- to which transferred: Provided further, That tional Guard Bureau; travel expenses (other cure transportation and storage of nuclear, upon a determination that all or part of the than mileage), as authorized by law for chemical and other weapons; for establishing funds transferred from this appropriation are Army personnel on active duty, for Army programs to prevent the proliferation of not necessary for the purposes provided here- National Guard division, regimental, and weapons, weapons components, and weapon- in, such amounts may be transferred back to battalion commanders while inspecting units related technology and expertise; for pro- in compliance with National Guard Bureau this appropriation. grams relating to the training and support of regulations when specifically authorized by ENVIRONMENTAL RESTORATION, AIR FORCE defense and military personnel for demili- the Chief, National Guard Bureau; supplying (INCLUDING TRANSFER OF FUNDS) tarization and protection of weapons, weap- and equipping the Army National Guard as For the Department of the Air Force, ons components and weapons technology and authorized by law; and expenses of repair, $389,773,000, to remain available until trans- expertise, and for defense and military con- modification, maintenance, and issue of sup- ferred: Provided, That the Secretary of the tacts, $416,700,000, to remain available until plies and equipment (including aircraft), Air Force shall, upon determining that such September 30, 2005. $4,231,967,000. funds are required for environmental res- SUPPORT FOR INTERNATIONAL SPORTING OPERATION AND MAINTENANCE, AIR NATIONAL toration, reduction and recycling of haz- COMPETITIONS, DEFENSE GUARD ardous waste, removal of unsafe buildings For logistical and security support for For operation and maintenance of the Air and debris of the Department of the Air international sporting competitions (includ- National Guard, including medical and hos- Force, or for similar purposes, transfer the ing pay and non-travel related allowances

VerDate jun 06 2002 04:38 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.010 pfrm15 PsN: H27PT1 June 27, 2002 CONGRESSIONAL RECORD — HOUSE H4095

only for members of the Reserve Components PROCUREMENT OF AMMUNITION, ARMY PROCUREMENT OF AMMUNITION, NAVY AND of the Armed Forces of the United States For construction, procurement, produc- MARINE CORPS called or ordered to active duty in connec- tion, and modification of ammunition, and For construction, procurement, produc- tion with providing such support), $19,000,000, accessories therefor; specialized equipment tion, and modification of ammunition, and to remain available until expended. and training devices; expansion of public and accessories therefor; specialized equipment TITLE III private plants, including ammunition facili- and training devices; expansion of public and PROCUREMENT ties authorized by section 2854 of title 10, private plants, including ammunition facili- United States Code, and the land necessary ties authorized by section 2854 of title 10, AIRCRAFT PROCUREMENT, ARMY therefor, for the foregoing purposes, and United States Code, and the land necessary For construction, procurement, produc- such lands and interests therein, may be ac- therefor, for the foregoing purposes, and tion, modification, and modernization of air- quired, and construction prosecuted thereon such lands and interests therein, may be ac- craft, equipment, including ordnance, ground prior to approval of title; and procurement quired, and construction prosecuted thereon handling equipment, spare parts, and acces- and installation of equipment, appliances, prior to approval of title; and procurement sories therefor; specialized equipment and and machine tools in public and private and installation of equipment, appliances, training devices; expansion of public and pri- plants; reserve plant and Government and and machine tools in public and private vate plants, including the land necessary contractor-owned equipment layaway; and plants; reserve plant and Government and therefor, for the foregoing purposes, and other expenses necessary for the foregoing contractor-owned equipment layaway; and such lands and interests therein, may be ac- purposes, $1,207,560,000, to remain available other expenses necessary for the foregoing quired, and construction prosecuted thereon for obligation until September 30, 2005, of purposes, $1,167,130,000, to remain available prior to approval of title; and procurement which not less than $124,716,000 shall be for obligation until September 30, 2005, of and installation of equipment, appliances, available for the Army National Guard and which not less than $18,162,000 shall be for and machine tools in public and private Army Reserve. the Navy Reserve and Marine Corps Reserve. plants; reserve plant and Government and OTHER PROCUREMENT, ARMY SHIPBUILDING AND CONVERSION, NAVY contractor-owned equipment layaway; and other expenses necessary for the foregoing For construction, procurement, produc- For expenses necessary for the construc- purposes, $2,214,369,000, to remain available tion, and modification of vehicles, including tion, acquisition, or conversion of vessels as for obligation until September 30, 2005, of tactical, support, and non-tracked combat authorized by law, including armor and ar- which not less than $225,675,000 shall be vehicles; the purchase of not to exceed 40 mament thereof, plant equipment, appli- available for the Army National Guard and passenger motor vehicles for replacement ances, and machine tools and installation Army Reserve: Provided, That of the funds only; and the purchase of 6 vehicles required thereof in public and private plants; reserve made available under this heading, $45,000,000 for physical security of personnel, notwith- plant and Government and contractor-owned shall be available only to support a restruc- standing price limitations applicable to pas- equipment layaway; procurement of critical, tured CH–47F helicopter upgrade program senger vehicles but not to exceed $180,000 per long leadtime components and designs for that increases the production rate to 48 heli- vehicle; communications and electronic vessels to be constructed or converted in the copters per fiscal year by fiscal year 2005: equipment; other support equipment; spare future; and expansion of public and private Provided further, That funds in the imme- parts, ordnance, and accessories therefor; plants, including land necessary therefor, diately preceding proviso shall not be made specialized equipment and training devices; and such lands and interests therein, may be available until the Secretary of the Army expansion of public and private plants, in- acquired, and construction prosecuted there- has certified to the congressional defense cluding the land necessary therefor, for the on prior to approval of title, as follows: committees that the Army intends to budget foregoing purposes, and such lands and inter- Carrier Replacement Program (CY), for the upgrade of the entire CH–47 fleet that ests therein, may be acquired, and construc- $250,000,000; is planned to be part of the Objective Force. tion prosecuted thereon prior to approval of Carrier Replacement Program (AP–CY), title; and procurement and installation of $243,703,000; MISSILE PROCUREMENT, ARMY equipment, appliances, and machine tools in Virginia Class Submarine, $1,490,652,000; For construction, procurement, produc- public and private plants; reserve plant and Virginia Class Submarine (AP–CY), tion, modification, and modernization of Government and contractor-owned equip- $706,309,000; missiles, equipment, including ordnance, ment layaway; and other expenses necessary SSGN Conversion, $404,305,000; ground handling equipment, spare parts, and for the foregoing purposes, $6,017,380,000, to SSGN Conversion (AP–CY), $421,000,000; accessories therefor; specialized equipment remain available for obligation until Sep- CVN Refueling Overhauls (AP–CY), and training devices; expansion of public and tember 30, 2005, of which not less than $296,781,000; private plants, including the land necessary $1,129,578,000 shall be available for the Army Submarine Refueling Overhauls, therefor, for the foregoing purposes, and National Guard and Army Reserve. $231,292,000; such lands and interests therein, may be ac- Submarine Refueling Overhauls (AP–CY), AIRCRAFT PROCUREMENT, NAVY quired, and construction prosecuted thereon $88,257,000; prior to approval of title; and procurement For construction, procurement, produc- DDG–51, $2,273,002,000; and installation of equipment, appliances, tion, modification, and modernization of air- DDG–51 (AP–CY), $74,000,000; and machine tools in public and private craft, equipment, including ordnance, spare LPD–17, $596,492,000; plants; reserve plant and Government and parts, and accessories therefor; specialized LPD–17 (AP–CY), $8,000,000; contractor-owned equipment layaway; and equipment; expansion of public and private LCU (X), $9,756,000; other expenses necessary for the foregoing plants, including the land necessary there- Outfitting, $300,608,000; purposes, $1,112,772,000, to remain available for, and such lands and interests therein, LCAC SLEP, $81,638,000; for obligation until September 30, 2005, of may be acquired, and construction pros- Mine Hunter SWATH, $7,000,000; and which not less than $168,580,000 shall be ecuted thereon prior to approval of title; and Completion of Prior Year Shipbuilding available for the Army National Guard and procurement and installation of equipment, Programs, $644,899,000; Army Reserve. appliances, and machine tools in public and In all: $8,127,694,000, to remain available for PROCUREMENT OF WEAPONS AND TRACKED private plants; reserve plant and Govern- obligation until September 30, 2007: Provided, COMBAT VEHICLES, ARMY ment and contractor-owned equipment lay- That additional obligations may be incurred away, $8,682,655,000, to remain available for after September 30, 2007, for engineering For construction, procurement, produc- obligation until September 30, 2005, of which services, tests, evaluations, and other such tion, and modification of weapons and not less than $19,644,000 shall be available for budgeted work that must be performed in tracked combat vehicles, equipment, includ- the Navy Reserve and Marine Corps Reserve. the final stage of ship construction: Provided ing ordnance, spare parts, and accessories further, That none of the funds provided therefor; specialized equipment and training WEAPONS PROCUREMENT, NAVY under this heading for the construction or devices; expansion of public and private For construction, procurement, produc- conversion of any naval vessel to be con- plants, including the land necessary there- tion, modification, and modernization of structed in shipyards in the United States for, for the foregoing purposes, and such missiles, torpedoes, other weapons, and re- shall be expended in foreign facilities for the lands and interests therein, may be acquired, lated support equipment including spare construction of major components of such and construction prosecuted thereon prior to parts, and accessories therefor; expansion of vessel: Provided further, That none of the approval of title; and procurement and in- public and private plants, including the land funds provided under this heading shall be stallation of equipment, appliances, and ma- necessary therefor, and such lands and inter- used for the construction of any naval vessel chine tools in public and private plants; re- ests therein, may be acquired, and construc- in foreign shipyards. serve plant and Government and contractor- tion prosecuted thereon prior to approval of owned equipment layaway; and other ex- title; and procurement and installation of OTHER PROCUREMENT, NAVY penses necessary for the foregoing purposes, equipment, appliances, and machine tools in For procurement, production, and mod- $2,248,358,000, to remain available for obliga- public and private plants; reserve plant and ernization of support equipment and mate- tion until September 30, 2005, of which not Government and contractor-owned equip- rials not otherwise provided for, Navy ord- less than $40,849,000 shall be available for the ment layaway, $2,384,617,000, to remain avail- nance (except ordnance for new aircraft, new Army National Guard and Army Reserve. able for obligation until September 30, 2005. ships, and ships authorized for conversion);

VerDate jun 06 2002 04:38 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.010 pfrm15 PsN: H27PT1 H4096 CONGRESSIONAL RECORD — HOUSE June 27, 2002 the purchase of not to exceed 141 passenger and transportation of things, $3,185,439,000, to TITLE IV motor vehicles for replacement only, and the remain available for obligation until Sep- RESEARCH, DEVELOPMENT, TEST AND purchase of 3 vehicles required for physical tember 30, 2005. EVALUATION security of personnel, notwithstanding price PROCUREMENT OF AMMUNITION, AIR FORCE RESEARCH, DEVELOPMENT, TEST AND limitations applicable to passenger vehicles For construction, procurement, produc- EVALUATION, ARMY but not to exceed $240,000 per unit for one tion, and modification of ammunition, and For expenses necessary for basic and ap- unit and not to exceed $125,000 per unit for accessories therefor; specialized equipment plied scientific research, development, test the remaining two units; expansion of public and training devices; expansion of public and and evaluation, including maintenance, re- and private plants, including the land nec- private plants, including ammunition facili- habilitation, lease, and operation of facili- essary therefor, and such lands and interests ties authorized by section 2854 of title 10, ties and equipment, $7,447,160,000, to remain therein, may be acquired, and construction United States Code, and the land necessary prosecuted thereon prior to approval of title; therefor, for the foregoing purposes, and available for obligation until September 30, and procurement and installation of equip- such lands and interests therein, may be ac- 2004. ment, appliances, and machine tools in pub- quired, and construction prosecuted thereon RESEARCH, DEVELOPMENT, TEST AND lic and private plants; reserve plant and Gov- prior to approval of title; and procurement EVALUATION, NAVY ernment and contractor-owned equipment and installation of equipment, appliances, For expenses necessary for basic and ap- layaway, $4,631,299,000, to remain available and machine tools in public and private plied scientific research, development, test for obligation until September 30, 2005, of plants; reserve plant and Government and and evaluation, including maintenance, re- which not less than $19,869,000 shall be for contractor-owned equipment layaway; and habilitation, lease, and operation of facili- the Naval Reserve. other expenses necessary for the foregoing ties and equipment, $13,562,218,000, to remain PROCUREMENT, MARINE CORPS purposes, $1,290,764,000, to remain available available for obligation until September 30, For expenses necessary for the procure- for obligation until September 30, 2005, of 2004: Provided, That funds appropriated in ment, manufacture, and modification of mis- which not less than $120,200,000 shall be this paragraph which are available for the V– siles, armament, military equipment, spare available for the Air National Guard and Air 22 may be used to meet unique operational parts, and accessories therefor; plant equip- Force Reserve. requirements of the Special Operations ment, appliances, and machine tools, and in- OTHER PROCUREMENT, AIR FORCE Forces. stallation thereof in public and private For procurement and modification of RESEARCH, DEVELOPMENT, TEST AND plants; reserve plant and Government and equipment (including ground guidance and EVALUATION, AIR FORCE electronic control equipment, and ground contractor-owned equipment layaway; vehi- For expenses necessary for basic and ap- electronic and communication equipment), cles for the Marine Corps, including the pur- plied scientific research, development, test and supplies, materials, and spare parts chase of not to exceed 28 passenger motor ve- and evaluation, including maintenance, re- therefor, not otherwise provided for; the pur- hicles for replacement only; and expansion of habilitation, lease, and operation of facili- chase of not to exceed 263 passenger motor public and private plants, including land ties and equipment, $18,639,392,000, to remain vehicles for replacement only, and the pur- necessary therefor, and such lands and inter- available for obligation until September 30, chase of 2 vehicles required for physical se- ests therein, may be acquired, and construc- 2004. tion prosecuted thereon prior to approval of curity of personnel, notwithstanding price title, $1,369,383,000, to remain available for limitations applicable to passenger vehicles RESEARCH, DEVELOPMENT, TEST AND obligation until September 30, 2005, of which but not to exceed $232,000 per vehicle; lease EVALUATION, DEFENSE-WIDE not less than $253,724,000 shall be available of passenger motor vehicles; and expansion For expenses of activities and agencies of for the Marine Corps Reserve. of public and private plants, Government- the Department of Defense (other than the owned equipment and installation thereof in AIRCRAFT PROCUREMENT, AIR FORCE military departments), necessary for basic such plants, erection of structures, and ac- and applied scientific research, development, For construction, procurement, lease, and quisition of land, for the foregoing purposes, test and evaluation; advanced research modification of aircraft and equipment, in- and such lands and interests therein, may be projects as may be designated and deter- cluding armor and armament, specialized acquired, and construction prosecuted there- mined by the Secretary of Defense, pursuant ground handling equipment, and training de- on, prior to approval of title; reserve plant to law; maintenance, rehabilitation, lease, vices, spare parts, and accessories therefor; and Government and contractor-owned and operation of facilities and equipment, specialized equipment; expansion of public equipment layaway, $10,622,660,000, to remain $17,863,462,000, to remain available for obliga- and private plants, Government-owned available for obligation until September 30, tion until September 30, 2004. equipment and installation thereof in such 2005, of which not less than $167,600,000 shall OPERATIONAL TEST AND EVALUATION, plants, erection of structures, and acquisi- be available for the Air National Guard and DEFENSE tion of land, for the foregoing purposes, and Air Force Reserve. For expenses, not otherwise provided for, such lands and interests therein, may be ac- PROCUREMENT, DEFENSE-WIDE quired, and construction prosecuted thereon necessary for the independent activities of For expenses of activities and agencies of prior to approval of title; reserve plant and the Director, Operational Test and Evalua- the Department of Defense (other than the Government and contractor-owned equip- tion, in the direction and supervision of military departments) necessary for procure- ment layaway; and other expenses necessary operational test and evaluation, including ment, production, and modification of equip- initial operational test and evaluation which for the foregoing purposes including rents ment, supplies, materials, and spare parts is conducted prior to, and in support of, pro- and transportation of things, $12,492,730,000, therefor, not otherwise provided for; the pur- duction decisions; joint operational testing to remain available for obligation until Sep- chase of not to exceed 99 passenger motor ve- and evaluation; and administrative expenses tember 30, 2005, of which not less than hicles for replacement only; the purchase of in connection therewith, $242,054,000, to re- $312,700,000 shall be available for the Air Na- 4 vehicles required for physical security of main available for obligation until Sep- tional Guard and Air Force Reserve: Pro- personnel, notwithstanding price limitations vided, That of the amount provided under applicable to passenger vehicles but not to tember 30, 2004. this heading, not less than $207,000,000 shall exceed $250,000 per vehicle; expansion of pub- TITLE V be used only for the producability improve- lic and private plants, equipment, and instal- REVOLVING AND MANAGEMENT FUNDS ment program directly related to the F–22 lation thereof in such plants, erection of DEFENSE WORKING CAPITAL FUNDS aircraft program: Provided further, That structures, and acquisition of land for the amounts provided under this heading shall foregoing purposes, and such lands and inter- For the Defense Working Capital Funds, be used for the advance procurement of 15 C– ests therein, may be acquired, and construc- $1,832,956,000: Provided, That during fiscal 17 aircraft. tion prosecuted thereon prior to approval of year 2003, funds in the Defense Working Cap- MISSILE PROCUREMENT, AIR FORCE title; reserve plant and Government and con- ital Funds may be used for the purchase of not to exceed 315 passenger carrying motor For construction, procurement, and modi- tractor-owned equipment layaway, vehicles for replacement only for the Defense fication of missiles, spacecraft, rockets, and $3,457,405,000, to remain available for obliga- Security Service, and the purchase of not to related equipment, including spare parts and tion until September 30, 2005: Provided, That exceed 7 vehicles for replacement only for accessories therefor, ground handling equip- funds provided under this heading for Patriot the Defense Logistics Agency. ment, and training devices; expansion of pub- Advanced Capability-3 (PAC–3) missiles may lic and private plants, Government-owned be used for procurement of critical parts for NATIONAL DEFENSE SEALIFT FUND equipment and installation thereof in such PAC–3 missiles to support production of such For National Defense Sealift Fund pro- plants, erection of structures, and acquisi- missiles in future fiscal years. grams, projects, and activities, and for ex- tion of land, for the foregoing purposes, and DEFENSE PRODUCTION ACT PURCHASES penses of the National Defense Reserve such lands and interests therein, may be ac- For activities by the Department of De- Fleet, as established by section 11 of the quired, and construction prosecuted thereon fense pursuant to sections 108, 301, 302, and Merchant Ship Sales Act of 1946 (50 U.S.C. prior to approval of title; reserve plant and 303 of the Defense Production Act of 1950 (50 App. 1744), and for the necessary expenses to Government and contractor-owned equip- U.S.C. App. 2078, 2091, 2092, and 2093), maintain and preserve a U.S.-flag merchant ment layaway; and other expenses necessary $73,057,000 to remain available until ex- fleet to serve the national security needs of for the foregoing purposes including rents pended. the United States, $944,129,000, to remain

VerDate jun 06 2002 04:38 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.010 pfrm15 PsN: H27PT1 June 27, 2002 CONGRESSIONAL RECORD — HOUSE H4097 available until expended: Provided, That $859,907,000: Provided, That the funds appro- licity or propaganda purposes not authorized none of the funds provided in this paragraph priated under this heading shall be available by the Congress. shall be used to award a new contract that for obligation for the same time period and SEC. 8002. During the current fiscal year, provides for the acquisition of any of the fol- for the same purpose as the appropriation to provisions of law prohibiting the payment of lowing major components unless such com- which transferred: Provided further, That compensation to, or employment of, any per- ponents are manufactured in the United upon a determination that all or part of the son not a citizen of the United States shall States: auxiliary equipment, including funds transferred from this appropriation are not apply to personnel of the Department of pumps, for all shipboard services; propulsion not necessary for the purposes provided here- Defense: Provided, That salary increases system components (that is; engines, reduc- in, such amounts may be transferred back to granted to direct and indirect hire foreign tion gears, and propellers); shipboard cranes; this appropriation: Provided further, That the national employees of the Department of De- and spreaders for shipboard cranes: Provided transfer authority provided under this head- fense funded by this Act shall not be at a further, That the exercise of an option in a ing is in addition to any other transfer au- rate in excess of the percentage increase au- contract awarded through the obligation of thority contained elsewhere in this Act. thorized by law for civilian employees of the previously appropriated funds shall not be OFFICE OF THE INSPECTOR GENERAL Department of Defense whose pay is com- considered to be the award of a new contract: For expenses and activities of the Office of puted under the provisions of section 5332 of Provided further, That the Secretary of the the Inspector General in carrying out the title 5, United States Code, or at a rate in ex- military department responsible for such provisions of the Inspector General Act of cess of the percentage increase provided by procurement may waive the restrictions in 1978, as amended, $157,165,000, of which the appropriate host nation to its own em- the first proviso on a case-by-case basis by $155,165,000 shall be for Operation and main- ployees, whichever is higher: Provided fur- certifying in writing to the Committees on tenance, of which not to exceed $700,000 is ther, That this section shall not apply to De- Appropriations of the House of Representa- available for emergencies and extraordinary partment of Defense foreign service national tives and the Senate that adequate domestic expenses to be expended on the approval or employees serving at United States diplo- supplies are not available to meet Depart- authority of the Inspector General, and pay- matic missions whose pay is set by the De- ment of Defense requirements on a timely ments may be made on the Inspector Gen- partment of State under the Foreign Service basis and that such an acquisition must be eral’s certificate of necessity for confidential Act of 1980: Provided further, That the limita- made in order to acquire capability for na- military purposes; and of which $2,000,000 to tions of this provision shall not apply to for- tional security purposes: Provided further, remain available until September 30, 2005, eign national employees of the Department That, notwithstanding any other provision shall be for Procurement. of Defense in the Republic of Turkey. of law, $10,000,000 of the funds available TITLE VII SEC. 8003. No part of any appropriation contained in this Act shall remain available under this heading shall be available in addi- RELATED AGENCIES tion to other amounts otherwise available, for obligation beyond the current fiscal year, CENTRAL INTELLIGENCE AGENCY RETIREMENT only to finance the cost of constructing addi- unless expressly so provided herein. AND DISABILITY SYSTEM FUND tional sealift capacity. SEC. 8004. No more than 20 percent of the For payment to the Central Intelligence appropriations in this Act which are limited TITLE VI Agency Retirement and Disability System for obligation during the current fiscal year OTHER DEPARTMENT OF DEFENSE Fund, to maintain the proper funding level shall be obligated during the last 2 months of PROGRAMS for continuing the operation of the Central the fiscal year: Provided, That this section DEFENSE HEALTH PROGRAM Intelligence Agency Retirement and Dis- shall not apply to obligations for support of For expenses, not otherwise provided for, ability System, $212,000,000. active duty training of reserve components for medical and health care programs of the INTELLIGENCE COMMUNITY MANAGEMENT or summer camp training of the Reserve Of- Department of Defense, as authorized by law, ACCOUNT ficers’ Training Corps. $14,600,748,000, of which $13,916,791,000 shall be (INCLUDING TRANSFER OF FUNDS) (TRANSFER OF FUNDS) for Operation and maintenance, of which not For necessary expenses of the Intelligence SEC. 8005. Upon determination by the Sec- to exceed 2 percent shall remain available Community Management Account, retary of Defense that such action is nec- until September 30, 2004; of which $162,254,000, of which $24,252,000 for the Ad- essary in the national interest, he may, with $283,743,000, to remain available for obliga- vanced Research and Development Com- the approval of the Office of Management tion until September 30, 2005, shall be for mittee shall remain available until Sep- and Budget, transfer not to exceed Procurement; of which $400,214,000, to remain tember 30, 2004: Provided, That of the funds $2,500,000,000 of working capital funds of the available for obligation until September 30, appropriated under this heading, $34,100,000 Department of Defense or funds made avail- 2004, shall be for Research, development, test shall be transferred to the Department of able in this Act to the Department of De- and evaluation, and of which not less than Justice for the National Drug Intelligence fense for military functions (except military $10,000,000 shall be available for HIV preven- Center to support the Department of De- construction) between such appropriations tion educational activities undertaken in fense’s counter-drug intelligence responsibil- or funds or any subdivision thereof, to be connection with U.S. military training, exer- ities, and of the said amount, $1,500,000 for merged with and to be available for the same cises, and humanitarian assistance activities Procurement shall remain available until purposes, and for the same time period, as conducted primarily in African nations. September 30, 2005 and $1,000,000 for Re- the appropriation or fund to which trans- CHEMICAL AGENTS AND MUNITIONS search, development, test and evaluation ferred: Provided, That such authority to DESTRUCTION, ARMY shall remain available until September 30, transfer may not be used unless for higher 2004: Provided further, That the National priority items, based on unforeseen military For expenses, not otherwise provided for, Drug Intelligence Center shall maintain the requirements, than those for which origi- necessary for the destruction of the United personnel and technical resources to provide nally appropriated and in no case where the States stockpile of lethal chemical agents timely support to law enforcement authori- item for which funds are requested has been and munitions in accordance with the provi- ties and the intelligence community by con- denied by the Congress: Provided further, sions of section 1412 of the Department of ducting document and computer exploitation That the Secretary of Defense shall notify Defense Authorization Act, 1986 (50 U.S.C. of materials collected in Federal, State, and the Congress promptly of all transfers made 1521), and for the destruction of other chem- local law enforcement activity associated pursuant to this authority or any other au- ical warfare materials that are not in the with counter-drug, counter-terrorism, and thority in this Act: Provided further, That no chemical weapon stockpile, $1,490,199,000, of national security investigations and oper- part of the funds in this Act shall be avail- which $974,238,000 shall be for Operation and ations. able to prepare or present a request to the maintenance to remain available until Sep- Committees on Appropriations for re- tember 30, 2004, $213,278,000 shall be for Pro- PAYMENT TO KAHO’OLAWE programming of funds, unless for higher pri- curement to remain available until Sep- ISLAND CONVEYANCE, REMEDIATION, AND ority items, based on unforeseen military re- tember 30, 2005, and $302,683,000 shall be for ENVIRONMENTAL RESTORATION FUND quirements, than those for which originally Research, development, test and evaluation For payment to Kaho’olawe Island Convey- appropriated and in no case where the item to remain available until September 30, 2004. ance, Remediation, and Environmental Res- for which reprogramming is requested has toration Fund, as authorized by law, DRUG INTERDICTION AND COUNTER-DRUG been denied by the Congress: Provided fur- $25,000,000, to remain available until ex- ACTIVITIES, DEFENSE ther, That a request for multiple pended. (INCLUDING TRANSFER OF FUNDS) reprogrammings of funds using authority NATIONAL SECURITY EDUCATION TRUST FUND For drug interdiction and counter-drug ac- provided in this section must be made prior For the purposes of title VIII of Public tivities of the Department of Defense, for to May 1, 2003. Law 102–183, $8,000,000, to be derived from the transfer to appropriations available to the (TRANSFER OF FUNDS) National Security Education Trust Fund, to Department of Defense for military per- SEC. 8006. During the current fiscal year, remain available until expended. sonnel of the reserve components serving cash balances in working capital funds of the under the provisions of title 10 and title 32, TITLE VIII Department of Defense established pursuant United States Code; for Operation and main- GENERAL PROVISIONS to section 2208 of title 10, United States tenance; for Procurement; and for Research, SEC. 8001. No part of any appropriation Code, may be maintained in only such development, test and evaluation, contained in this Act shall be used for pub- amounts as are necessary at any time for

VerDate jun 06 2002 04:38 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.010 pfrm15 PsN: H27PT1 H4098 CONGRESSIONAL RECORD — HOUSE June 27, 2002 cash disbursements to be made from such facilities located in Hawaii, the Secretary of United States Code, or a Native Hawaiian or- funds: Provided, That transfers may be made the Army may authorize the provision of ganization, as defined in section 637(a)(15) of between such funds: Provided further, That medical services at such facilities and trans- title 15, United States Code. transfers may be made between working cap- portation to such facilities, on a non- (TRANSFER OF FUNDS) ital funds and the ‘‘Foreign Currency Fluc- reimbursable basis, for civilian patients from SEC. 8015. Funds appropriated in title III of tuations, Defense’’ appropriation and the American Samoa, the Commonwealth of the this Act for the Department of Defense Pilot ‘‘Operation and Maintenance’’ appropriation Northern Mariana Islands, the Marshall Is- Mentor-Protege Program may be transferred accounts in such amounts as may be deter- lands, the Federated States of Micronesia, to any other appropriation contained in this mined by the Secretary of Defense, with the Palau, and Guam. Act solely for the purpose of implementing a approval of the Office of Management and SEC. 8010. (a) During fiscal year 2003, the ci- Mentor-Protege Program developmental as- Budget, except that such transfers may not vilian personnel of the Department of De- sistance agreement pursuant to section 831 be made unless the Secretary of Defense has fense may not be managed on the basis of of the National Defense Authorization Act notified the Congress of the proposed trans- any end-strength, and the management of for Fiscal Year 1991 (Public Law 101–510; 10 fer. Except in amounts equal to the amounts such personnel during that fiscal year shall U.S.C. 2301 note), as amended, under the au- appropriated to working capital funds in this not be subject to any constraint or limita- thority of this provision or any other trans- Act, no obligations may be made against a tion (known as an end-strength) on the num- fer authority contained in this Act. working capital fund to procure or increase ber of such personnel who may be employed SEC. 8016. None of the funds in this Act the value of war reserve material inventory, on the last day of such fiscal year. may be available for the purchase by the De- unless the Secretary of Defense has notified (b) The fiscal year 2004 budget request for partment of Defense (and its departments the Congress prior to any such obligation. the Department of Defense as well as all jus- and agencies) of welded shipboard anchor and SEC. 8007. Funds appropriated by this Act tification material and other documentation mooring chain 4 inches in diameter and may not be used to initiate a special access supporting the fiscal year 2004 Department of under unless the anchor and mooring chain program without prior notification 30 cal- Defense budget request shall be prepared and are manufactured in the United States from endar days in session in advance to the con- submitted to the Congress as if subsections components which are substantially manu- gressional defense committees. (a) and (b) of this provision were effective factured in the United States: Provided, That SEC. 8008. None of the funds provided in with regard to fiscal year 2004. for the purpose of this section manufactured this Act shall be available to initiate: (1) a (c) Nothing in this section shall be con- will include cutting, heat treating, quality multiyear contract that employs economic strued to apply to military (civilian) techni- control, testing of chain and welding (includ- order quantity procurement in excess of cians. ing the forging and shot blasting process): $20,000,000 in any 1 year of the contract or SEC. 8011. Notwithstanding any other pro- Provided further, That for the purpose of this that includes an unfunded contingent liabil- vision of law, none of the funds made avail- section substantially all of the components ity in excess of $20,000,000; or (2) a contract able by this Act shall be used by the Depart- of anchor and mooring chain shall be consid- for advance procurement leading to a ment of Defense to exceed, outside the 50 ered to be produced or manufactured in the multiyear contract that employs economic United States, its territories, and the Dis- United States if the aggregate cost of the order quantity procurement in excess of trict of Columbia, 125,000 civilian workyears: components produced or manufactured in the $20,000,000 in any 1 year, unless the congres- Provided, That workyears shall be applied as United States exceeds the aggregate cost of sional defense committees have been notified defined in the Federal Personnel Manual: the components produced or manufactured at least 30 days in advance of the proposed Provided further, That workyears expended in outside the United States: Provided further, contract award: Provided, That no part of dependent student hiring programs for dis- That when adequate domestic supplies are any appropriation contained in this Act shall advantaged youths shall not be included in not available to meet Department of Defense be available to initiate a multiyear contract this workyear limitation. requirements on a timely basis, the Sec- for which the economic order quantity ad- SEC. 8012. None of the funds made available retary of the service responsible for the pro- vance procurement is not funded at least to by this Act shall be used in any way, directly curement may waive this restriction on a the limits of the Government’s liability: Pro- or indirectly, to influence congressional ac- case-by-case basis by certifying in writing to vided further, That no part of any appropria- tion on any legislation or appropriation mat- the Committees on Appropriations that such tion contained in this Act shall be available ters pending before the Congress. an acquisition must be made in order to ac- to initiate multiyear procurement contracts SEC. 8013. None of the funds appropriated quire capability for national security pur- for any systems or component thereof if the by this Act shall be available for the basic poses. value of the multiyear contract would ex- pay and allowances of any member of the SEC. 8017. None of the funds appropriated ceed $500,000,000 unless specifically provided Army participating as a full-time student by this Act available for the Civilian Health in this Act: Provided further, That no and receiving benefits paid by the Secretary and Medical Program of the Uniformed Serv- multiyear procurement contract can be ter- of Veterans Affairs from the Department of ices (CHAMPUS) or TRICARE shall be avail- minated without 10-day prior notification to Defense Education Benefits Fund when time able for the reimbursement of any health the congressional defense committees: Pro- spent as a full-time student is credited to- care provider for inpatient mental health vided further, That the execution of ward completion of a service commitment: service for care received when a patient is multiyear authority shall require the use of Provided, That this subsection shall not referred to a provider of inpatient mental a present value analysis to determine lowest apply to those members who have reenlisted health care or residential treatment care by cost compared to an annual procurement. with this option prior to October 1, 1987: Pro- a medical or health care professional having Funds appropriated in title III of this Act vided further, That this subsection applies an economic interest in the facility to which may be used for multiyear procurement con- only to active components of the Army. the patient is referred: Provided, That this tracts as follows: SEC. 8014. None of the funds appropriated limitation does not apply in the case of inpa- C–130 aircraft; and by this Act shall be available to convert to tient mental health services provided under F/A–18E and F engine. contractor performance an activity or func- the program for persons with disabilities SEC. 8009. Within the funds appropriated tion of the Department of Defense that, on under subsection (d) of section 1079 of title for the operation and maintenance of the or after the date of the enactment of this 10, United States Code, provided as partial Armed Forces, funds are hereby appropriated Act, is performed by more than 10 Depart- hospital care, or provided pursuant to a pursuant to section 401 of title 10, United ment of Defense civilian employees until a waiver authorized by the Secretary of De- States Code, for humanitarian and civic as- most efficient and cost-effective organiza- fense because of medical or psychological sistance costs under chapter 20 of title 10, tion analysis is completed on such activity circumstances of the patient that are con- United States Code. Such funds may also be or function and certification of the analysis firmed by a health professional who is not a obligated for humanitarian and civic assist- is made to the Committees on Appropria- Federal employee after a review, pursuant to ance costs incidental to authorized oper- tions of the House of Representatives and rules prescribed by the Secretary, which ations and pursuant to authority granted in the Senate: Provided, That this section and takes into account the appropriate level of section 401 of chapter 20 of title 10, United subsections (a), (b), and (c) of 10 U.S.C. 2461 care for the patient, the intensity of services States Code, and these obligations shall be shall not apply to a commercial or industrial required by the patient, and the availability reported to the Congress as of September 30 type function of the Department of Defense of that care. of each year: Provided, That funds available that: (1) is included on the procurement list SEC. 8018. Notwithstanding any other pro- for operation and maintenance shall be established pursuant to section 2 of the Act vision of law, during the current fiscal year, available for providing humanitarian and of June 25, 1938 (41 U.S.C. 47), popularly re- the Secretary of Defense may, by executive similar assistance by using Civic Action ferred to as the Javits-Wagner-O’Day Act; (2) agreement, establish with host nation gov- Teams in the Trust Territories of the Pacific is planned to be converted to performance by ernments in NATO member states a separate Islands and freely associated states of Micro- a qualified nonprofit agency for the blind or account into which such residual value nesia, pursuant to the Compact of Free Asso- by a qualified nonprofit agency for other se- amounts negotiated in the return of United ciation as authorized by Public Law 99–239: verely handicapped individuals in accordance States military installations in NATO mem- Provided further, That upon a determination with that Act; or (3) is planned to be con- ber states may be deposited, in the currency by the Secretary of the Army that such ac- verted to performance by a qualified firm of the host nation, in lieu of direct monetary tion is beneficial for graduate medical edu- under 51 percent ownership by an Indian transfers to the United States Treasury: Pro- cation programs conducted at Army medical tribe, as defined in section 450b(e) of title 25, vided, That such credits may be utilized only

VerDate jun 06 2002 04:38 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.010 pfrm15 PsN: H27PT1 June 27, 2002 CONGRESSIONAL RECORD — HOUSE H4099 for the construction of facilities to support (c) For the purpose of this section, the (e) The Secretary of Defense shall, with the United States military forces in that host phrase ‘‘qualified nonprofit agency for the submission of the department’s fiscal year nation, or such real property maintenance blind or other severely handicapped’’ means 2004 budget request, submit a report pre- and base operating costs that are currently a nonprofit agency for the blind or other se- senting the specific amounts of staff years of executed through monetary transfers to such verely handicapped that has been approved technical effort to be allocated for each de- host nations: Provided further, That the De- by the Committee for the Purchase from the fense FFRDC during that fiscal year. partment of Defense’s budget submission for Blind and Other Severely Handicapped under SEC. 8030. None of the funds appropriated fiscal year 2004 shall identify such sums an- the Javits-Wagner-O’Day Act (41 U.S.C. 46– or made available in this Act shall be used to ticipated in residual value settlements, and 48). procure carbon, alloy or armor steel plate for identify such construction, real property SEC. 8026. During the current fiscal year, use in any Government-owned facility or maintenance or base operating costs that net receipts pursuant to collections from property under the control of the Depart- shall be funded by the host nation through third party payers pursuant to section 1095 of ment of Defense which were not melted and such credits: Provided further, That all mili- title 10, United States Code, shall be made rolled in the United States or Canada: Pro- tary construction projects to be executed available to the local facility of the uni- vided, That these procurement restrictions from such accounts must be previously ap- formed services responsible for the collec- shall apply to any and all Federal Supply proved in a prior Act of Congress: Provided tions and shall be over and above the facili- Class 9515, American Society of Testing and further, That each such executive agreement ty’s direct budget amount. Materials (ASTM) or American Iron and with a NATO member host nation shall be SEC. 8027. During the current fiscal year, Steel Institute (AISI) specifications of car- reported to the congressional defense com- and from any funds available to the Depart- bon, alloy or armor steel plate: Provided fur- mittees, the Committee on International Re- ment of Defense, the Department is author- ther, That the Secretary of the military de- lations of the House of Representatives and ized to incur obligations of not to exceed partment responsible for the procurement the Committee on Foreign Relations of the $350,000,000 for purposes specified in section may waive this restriction on a case-by-case Senate 30 days prior to the conclusion and 2350j(c) of title 10, United States Code, in an- basis by certifying in writing to the Commit- endorsement of any such agreement estab- ticipation of receipt of contributions, only tees on Appropriations of the House of Rep- lished under this provision. from the Government of Kuwait, under that resentatives and the Senate that adequate SEC. 8019. None of the funds available to section: Provided, That upon receipt, such domestic supplies are not available to meet the Department of Defense may be used to contributions from the Government of Ku- Department of Defense requirements on a demilitarize or dispose of M–1 Carbines, M–1 wait shall be credited to the appropriations timely basis and that such an acquisition Garand rifles, M–14 rifles, .22 caliber rifles, or fund which incurred such obligations. must be made in order to acquire capability .30 caliber rifles, or M–1911 pistols. SEC. 8028. Of the funds made available in for national security purposes: Provided fur- SEC. 8020. No more than $500,000 of the this Act, not less than $23,003,000 shall be ther, That these restrictions shall not apply funds appropriated or made available in this available for the Civil Air Patrol Corpora- to contracts which are in being as of the date Act shall be used during a single fiscal year tion, of which $21,503,000 shall be available of the enactment of this Act. for any single relocation of an organization, for Civil Air Patrol Corporation operation SEC. 8031. For the purposes of this Act, the unit, activity or function of the Department and maintenance to support readiness activi- term ‘‘congressional defense committees’’ of Defense into or within the National Cap- ties which includes $1,500,000 for the Civil Air means the Armed Services Committee of the ital Region: Provided, That the Secretary of Patrol counterdrug program: Provided, That House of Representatives, the Armed Serv- Defense may waive this restriction on a case- funds identified for ‘‘Civil Air Patrol’’ under ices Committee of the Senate, the Sub- by-case basis by certifying in writing to the this section are intended for and shall be for committee on Defense of the Committee on congressional defense committees that such the exclusive use of the Civil Air Patrol Cor- Appropriations of the Senate, and the Sub- a relocation is required in the best interest poration and not for the Air Force or any committee on Defense of the Committee on of the Government. unit thereof. Appropriations of the House of Representa- SEC. 8021. In addition to the funds provided SEC. 8029. (a) None of the funds appro- tives. elsewhere in this Act, $8,000,000 is appro- priated in this Act are available to establish SEC. 8032. During the current fiscal year, priated only for incentive payments author- a new Department of Defense (department) the Department of Defense may acquire the ized by section 504 of the Indian Financing federally funded research and development modification, depot maintenance and repair Act of 1974 (25 U.S.C. 1544): Provided, That a center (FFRDC), either as a new entity, or as of aircraft, vehicles and vessels as well as the subcontractor at any tier shall be considered a separate entity administrated by an orga- production of components and other Defense- a contractor for the purposes of being al- nization managing another FFRDC, or as a related articles, through competition be- lowed additional compensation under section nonprofit membership corporation con- tween Department of Defense depot mainte- 504 of the Indian Financing Act of 1974 (25 sisting of a consortium of other FFRDCs and nance activities and private firms: Provided, U.S.C. 1544). other non-profit entities. That the Senior Acquisition Executive of the SEC. 8022. None of the funds appropriated (b) No member of a Board of Directors, by this Act shall be available to perform any military department or defense agency con- Trustees, Overseers, Advisory Group, Special cost study pursuant to the provisions of OMB cerned, with power of delegation, shall cer- Issues Panel, Visiting Committee, or any Circular A–76 if the study being performed tify that successful bids include comparable similar entity of a defense FFRDC, and no exceeds a period of 24 months after initiation estimates of all direct and indirect costs for paid consultant to any defense FFRDC, ex- of such study with respect to a single func- both public and private bids: Provided further, cept when acting in a technical advisory ca- tion activity or 48 months after initiation of That Office of Management and Budget Cir- pacity, may be compensated for his or her such study for a multi-function activity. cular A–76 shall not apply to competitions SEC. 8023. Funds appropriated by this Act services as a member of such entity, or as a conducted under this section. for the American Forces Information Service paid consultant by more than one FFRDC in SEC. 8033. (a)(1) If the Secretary of Defense, shall not be used for any national or inter- a fiscal year: Provided, That a member of any after consultation with the United States national political or psychological activities. such entity referred to previously in this Trade Representative, determines that a for- SEC. 8024. Notwithstanding any other pro- subsection shall be allowed travel expenses eign country which is party to an agreement vision of law or regulation, the Secretary of and per diem as authorized under the Federal described in paragraph (2) has violated the Defense may adjust wage rates for civilian Joint Travel Regulations, when engaged in terms of the agreement by discriminating employees hired for certain health care occu- the performance of membership duties. against certain types of products produced in pations as authorized for the Secretary of (c) Notwithstanding any other provision of the United States that are covered by the Veterans Affairs by section 7455 of title 38, law, none of the funds available to the de- agreement, the Secretary of Defense shall re- United States Code. partment from any source during fiscal year scind the Secretary’s blanket waiver of the SEC. 8025. (a) Of the funds for the procure- 2003 may be used by a defense FFRDC, Buy American Act with respect to such ment of supplies or services appropriated by through a fee or other payment mechanism, types of products produced in that foreign this Act, qualified nonprofit agencies for the for construction of new buildings, for pay- country. blind or other severely handicapped shall be ment of cost sharing for projects funded by (2) An agreement referred to in paragraph afforded the maximum practicable oppor- Government grants, for absorption of con- (1) is any reciprocal defense procurement tunity to participate as subcontractors and tract overruns, or for certain charitable con- memorandum of understanding, between the suppliers in the performance of contracts let tributions, not to include employee partici- United States and a foreign country pursu- by the Department of Defense. pation in community service and/or develop- ant to which the Secretary of Defense has (b) During the current fiscal year, a busi- ment. prospectively waived the Buy American Act ness concern which has negotiated with a (d) Notwithstanding any other provision of for certain products in that country. military service or defense agency a subcon- law, of the funds available to the department (b) The Secretary of Defense shall submit tracting plan for the participation by small during fiscal year 2003, not more than 6,277 to the Congress a report on the amount of business concerns pursuant to section 8(d) of staff years of technical effort (staff years) Department of Defense purchases from for- the Small Business Act (15 U.S.C. 637(d)) may be funded for defense FFRDCs: Provided, eign entities in fiscal year 2002. Such report shall be given credit toward meeting that That of the specific amount referred to pre- shall separately indicate the dollar value of subcontracting goal for any purchases made viously in this subsection, not more than items for which the Buy American Act was from qualified nonprofit agencies for the 1,029 staff years may be funded for the de- waived pursuant to any agreement described blind or other severely handicapped. fense studies and analysis FFRDCs. in subsection (a)(2), the Trade Agreement

VerDate jun 06 2002 04:38 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.010 pfrm15 PsN: H27PT1 H4100 CONGRESSIONAL RECORD — HOUSE June 27, 2002 Act of 1979 (19 U.S.C. 2501 et seq.), or any list published by the Secretary of the Inte- ited to the special account established under international agreement to which the United rior under section 104 of the Federally Rec- subsection 1459(g)(2) of that Act are appro- States is a party. ognized Indian Tribe Act of 1994 (Public Law priated and shall be available until expended (c) For purposes of this section, the term 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1). for the operation and maintenance of the ‘‘Buy American Act’’ means title III of the SEC. 8040. During the current fiscal year, Center as provided for in subsection Act entitled ‘‘An Act making appropriations appropriations which are available to the De- 1459(g)(2). for the Treasury and Post Office Depart- partment of Defense for operation and main- SEC. 8046. (a) None of the funds appro- ments for the fiscal year ending June 30, tenance may be used to purchase items hav- priated in this Act may be expended by an 1934, and for other purposes’’, approved ing an investment item unit cost of not more entity of the Department of Defense unless March 3, 1933 (41 U.S.C. 10a et seq.). than $100,000. the entity, in expending the funds, complies SEC. 8034. Appropriations contained in this SEC. 8041. (a) During the current fiscal with the Buy American Act. For purposes of Act that remain available at the end of the year, none of the appropriations or funds this subsection, the term ‘‘Buy American current fiscal year as a result of energy cost available to the Department of Defense Act’’ means title III of the Act entitled ‘‘An savings realized by the Department of De- Working Capital Funds shall be used for the Act making appropriations for the Treasury fense shall remain available for obligation purchase of an investment item for the pur- and Post Office Departments for the fiscal for the next fiscal year to the extent, and for pose of acquiring a new inventory item for year ending June 30, 1934, and for other pur- the purposes, provided in section 2865 of title sale or anticipated sale during the current poses’’, approved March 3, 1933 (41 U.S.C. 10a 10, United States Code. fiscal year or a subsequent fiscal year to cus- et seq.). (INCLUDING TRANSFER OF FUNDS) tomers of the Department of Defense Work- (b) If the Secretary of Defense determines ing Capital Funds if such an item would not SEC. 8035. Amounts deposited during the that a person has been convicted of inten- have been chargeable to the Department of current fiscal year to the special account es- tionally affixing a label bearing a ‘‘Made in Defense Business Operations Fund during fis- tablished under 40 U.S.C. 485(h)(2) and to the America’’ inscription to any product sold in cal year 1994 and if the purchase of such an special account established under 10 U.S.C. or shipped to the United States that is not investment item would be chargeable during 2667(d)(1) are appropriated and shall be avail- made in America, the Secretary shall deter- the current fiscal year to appropriations able until transferred by the Secretary of mine, in accordance with section 2410f of made to the Department of Defense for pro- Defense to current applicable appropriations title 10, United States Code, whether the per- curement. or funds of the Department of Defense under son should be debarred from contracting (b) The fiscal year 2004 budget request for with the Department of Defense. the terms and conditions specified by 40 the Department of Defense as well as all jus- (c) In the case of any equipment or prod- U.S.C. 485(h)(2)(A) and (B) and 10 U.S.C. tification material and other documentation ucts purchased with appropriations provided 2667(d)(1)(B), to be merged with and to be supporting the fiscal year 2004 Department of under this Act, it is the sense of the Congress available for the same time period and the Defense budget shall be prepared and sub- that any entity of the Department of De- same purposes as the appropriation to which mitted to the Congress on the basis that any fense, in expending the appropriation, pur- transferred. equipment which was classified as an end SEC. 8036. The President shall include with chase only American-made equipment and item and funded in a procurement appropria- each budget for a fiscal year submitted to products, provided that American-made tion contained in this Act shall be budgeted the Congress under section 1105 of title 31, equipment and products are cost-competi- for in a proposed fiscal year 2004 procure- United States Code, materials that shall tive, quality-competitive, and available in a ment appropriation and not in the supply identify clearly and separately the amounts timely fashion. management business area or any other area requested in the budget for appropriation for SEC. 8047. None of the funds appropriated or category of the Department of Defense that fiscal year for salaries and expenses re- by this Act shall be available for a contract Working Capital Funds. for studies, analysis, or consulting services lated to administrative activities of the De- SEC. 8042. None of the funds appropriated partment of Defense, the military depart- by this Act for programs of the Central In- entered into without competition on the ments, and the defense agencies. telligence Agency shall remain available for basis of an unsolicited proposal unless the SEC. 8037. Notwithstanding any other pro- obligation beyond the current fiscal year, ex- head of the activity responsible for the pro- vision of law, funds available for ‘‘Drug cept for funds appropriated for the Reserve curement determines— Interdiction and Counter-Drug Activities, for Contingencies, which shall remain avail- (1) as a result of thorough technical eval- Defense’’ may be obligated for the Young able until September 30, 2004: Provided, That uation, only one source is found fully quali- Marines program. funds appropriated, transferred, or otherwise fied to perform the proposed work; (INCLUDING TRANSFER OF FUNDS) credited to the Central Intelligence Agency (2) the purpose of the contract is to explore an unsolicited proposal which offers signifi- SEC. 8038. During the current fiscal year, Central Services Working Capital Fund dur- amounts contained in the Department of De- ing this or any prior or subsequent fiscal cant scientific or technological promise, rep- fense Overseas Military Facility Investment year shall remain available until expended: resents the product of original thinking, and Recovery Account established by section Provided further, That any funds appropriated was submitted in confidence by one source; 2921(c)(1) of the National Defense Authoriza- or transferred to the Central Intelligence or tion Act of 1991 (Public Law 101–510; 10 U.S.C. Agency for agent operations and for covert (3) the purpose of the contract is to take 2687 note) shall be available until expended action programs authorized by the President advantage of unique and significant indus- for the payments specified by section under section 503 of the National Security trial accomplishment by a specific concern, 2921(c)(2) of that Act. Act of 1947, as amended, shall remain avail- or to insure that a new product or idea of a SEC. 8039. (a) IN GENERAL.—Notwith- able until September 30, 2004. specific concern is given financial support: standing any other provision of law, the Sec- SEC. 8043. Notwithstanding any other pro- Provided, That this limitation shall not retary of the Air Force may convey at no vision of law, funds made available in this apply to contracts in an amount of less than cost to the Air Force, without consideration, Act for the Defense Intelligence Agency may $25,000, contracts related to improvements of to Indian tribes located in the States of be used for the design, development, and de- equipment that is in development or produc- North Dakota, South Dakota, Montana, and ployment of General Defense Intelligence tion, or contracts as to which a civilian offi- Minnesota relocatable military housing Program intelligence communications and cial of the Department of Defense, who has units located at Grand Forks Air Force Base intelligence information systems for the been confirmed by the Senate, determines and Minot Air Force Base that are excess to Services, the Unified and Specified Com- that the award of such contract is in the in- the needs of the Air Force. mands, and the component commands. terest of the national defense. (b) PROCESSING OF REQUESTS.—The Sec- SEC. 8044. Of the funds appropriated to the SEC. 8048. (a) Except as provided in sub- retary of the Air Force shall convey, at no Department of Defense under the heading sections (b) and (c), none of the funds made cost to the Air Force, military housing units ‘‘Operation and Maintenance, Defense- available by this Act may be used— under subsection (a) in accordance with the Wide’’, not less than $10,000,000 shall be made (1) to establish a field operating agency; or request for such units that are submitted to available only for the mitigation of environ- (2) to pay the basic pay of a member of the the Secretary by the Operation Walking mental impacts, including training and tech- Armed Forces or civilian employee of the de- Shield Program on behalf of Indian tribes lo- nical assistance to tribes, related adminis- partment who is transferred or reassigned cated in the States of North Dakota, South trative support, the gathering of informa- from a headquarters activity if the member Dakota, Montana, and Minnesota. tion, documenting of environmental damage, or employee’s place of duty remains at the (c) RESOLUTION OF HOUSING UNIT CON- and developing a system for prioritization of location of that headquarters. FLICTS.—The Operation Walking Shield pro- mitigation and cost to complete estimates (b) The Secretary of Defense or Secretary gram shall resolve any conflicts among re- for mitigation, on Indian lands resulting of a military department may waive the lim- quests of Indian tribes for housing units from Department of Defense activities. itations in subsection (a), on a case-by-case under subsection (a) before submitting re- SEC. 8045. Amounts collected for the use of basis, if the Secretary determines, and cer- quests to the Secretary of the Air Force the facilities of the National Science Center tifies to the Committees on Appropriations under subsection (b). for Communications and Electronics during of the House of Representatives and Senate (d) INDIAN TRIBE DEFINED.—In this section, the current fiscal year and hereafter pursu- that the granting of the waiver will reduce the term ‘‘Indian tribe’’ means any recog- ant to section 1459(g) of the Department of the personnel requirements or the financial nized Indian tribe included on the current Defense Authorization Act, 1986, and depos- requirements of the department.

VerDate jun 06 2002 04:38 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.011 pfrm15 PsN: H27PT1 June 27, 2002 CONGRESSIONAL RECORD — HOUSE H4101 (c) This section does not apply to field op- (NFIP), the Joint Military Intelligence Pro- year for drug interdiction or counter-drug erating agencies funded within the National gram (JMIP), and the Tactical Intelligence activities may be transferred to any other Foreign Intelligence Program. and Related Activities (TIARA) aggregate: department or agency of the United States SEC. 8049. Notwithstanding section 303 of Provided, That nothing in this section au- except as specifically provided in an appro- Public Law 96–487 or any other provision of thorizes deviation from established Reserve priations law. law, the Secretary of the Navy is authorized and National Guard personnel and training (b) None of the funds available to the Cen- to lease real and personal property at Naval procedures. tral Intelligence Agency for any fiscal year Air Facility, Adak, Alaska, pursuant to 10 SEC. 8055. During the current fiscal year, for drug interdiction and counter-drug ac- U.S.C. 2667(f), for commercial, industrial or none of the funds appropriated in this Act tivities may be transferred to any other de- other purposes: Provided, That notwith- may be used to reduce the civilian medical partment or agency of the United States ex- standing any other provision of law, the Sec- and medical support personnel assigned to cept as specifically provided in an appropria- retary of the Navy may remove hazardous military treatment facilities below the Sep- tions law. materials from facilities, buildings, and tember 30, 2002 level: Provided, That the (TRANSFER OF FUNDS) structures at Adak, Alaska, and may demol- Service Surgeons General may waive this SEC. 8059. Appropriations available in this section by certifying to the congressional de- ish or otherwise dispose of such facilities, Act under the heading ‘‘Operation and Main- fense committees that the beneficiary popu- buildings, and structures. tenance, Defense-Wide’’ for increasing en- lation is declining in some catchment areas (RESCISSIONS) ergy and water efficiency in Federal build- and civilian strength reductions may be con- SEC. 8050. Of the funds provided in Depart- ings may, during their period of availability, sistent with responsible resource steward- ment of Defense Appropriations Acts, the be transferred to other appropriations or ship and capitation-based budgeting. following funds are hereby rescinded from funds of the Department of Defense for SEC. 8056. (a) LIMITATION ON PENTAGON REN- the following accounts and programs in the projects related to increasing energy and OVATION COSTS.—Not later than the date specified amounts: each year on which the President submits to water efficiency, to be merged with and to be ‘‘Aircraft Procurement, Army, 2002/2004’’, Congress the budget under section 1105 of available for the same general purposes, and $3,000,000; title 31, United States Code, the Secretary of for the same time period, as the appropria- ‘‘Missile Procurement, Army, 2002/2004’’, Defense shall submit to Congress a certifi- tion or fund to which transferred. SEC. 8060. None of the funds appropriated $28,350,000; cation that the total cost for the planning, by this Act may be used for the procurement ‘‘Procurement of Weapons and Tracked design, construction, and installation of of ball and roller bearings other than those Combat Vehicles, Army, 2002/2004’’, $9,500,000; equipment for the renovation of wedges 2 produced by a domestic source and of domes- ‘‘Procurement of Ammunition, Army, 2002/ through 5 of the Pentagon Reservation, cu- tic origin: Provided, That the Secretary of 2004’’, $25,500,000; mulatively, will not exceed four times the the military department responsible for such ‘‘Procurement, Marine Corps, 2002/2004’’, total cost for the planning, design, construc- procurement may waive this restriction on a $4,682,000; tion, and installation of equipment for the case-by-case basis by certifying in writing to ‘‘Aircraft Procurement, Air Force, 2002/ renovation of wedge 1. 2004’’, $23,500,000; (b) ANNUAL ADJUSTMENT.—For purposes of the Committees on Appropriations of the ‘‘Missile Procurement, Air Force, 2002/ applying the limitation in subsection (a), the House of Representatives and the Senate, 2004’’, $26,900,000; Secretary shall adjust the cost for the ren- that adequate domestic supplies are not ‘‘Research, Development, Test and Evalua- ovation of wedge 1 by any increase or de- available to meet Department of Defense re- tion, Army, 2002/2003’’, $2,500,000; crease in costs attributable to economic in- quirements on a timely basis and that such ‘‘Research, Development, Test and Evalua- flation, based on the most recent economic an acquisition must be made in order to ac- tion, Navy, 2002/2003’’, $2,000,000; and assumptions issued by the Office of Manage- quire capability for national security pur- ‘‘Research, Development, Test and Evalua- ment and Budget for use in preparation of poses: Provided further, That this restriction tion, Air Force, 2002/2003’’, $67,000,000. the budget of the United States under sec- shall not apply to the purchase of ‘‘commer- SEC. 8051. None of the funds available in tion 1104 of title 31, United States Code. cial items’’, as defined by section 4(12) of the this Act may be used to reduce the author- (c) EXCLUSION OF CERTAIN COSTS.—For pur- Office of Federal Procurement Policy Act, ized positions for military (civilian) techni- poses of calculating the limitation in sub- except that the restriction shall apply to cians of the Army National Guard, the Air section (a), the total cost for wedges 2 ball or roller bearings purchased as end National Guard, Army Reserve and Air Force through 5 shall not include— items. Reserve for the purpose of applying any ad- (1) any repair or reconstruction cost in- SEC. 8061. Notwithstanding any other pro- ministratively imposed civilian personnel curred as a result of the terrorist attack on vision of law, funds available to the Depart- ceiling, freeze, or reduction on military (ci- the Pentagon that occurred on September 11, ment of Defense shall be made available to vilian) technicians, unless such reductions 2001; provide transportation of medical supplies are a direct result of a reduction in military (2) any increase in costs for wedges 2 and equipment, on a nonreimbursable basis, force structure. through 5 attributable to compliance with to American Samoa, and funds available to SEC. 8052. None of the funds appropriated new requirements of Federal, State, or local the Department of Defense shall be made or otherwise made available in this Act may laws; and available to provide transportation of med- be obligated or expended for assistance to (3) any increase in costs attributable to ad- ical supplies and equipment, on a non- the Democratic People’s Republic of North ditional security requirements that the Sec- reimbursable basis, to the Indian Health Korea unless specifically appropriated for retary of Defense considers essential to pro- Service when it is in conjunction with a that purpose. vide a safe and secure working environment. civil-military project. SEC. 8053. During the current fiscal year, (d) CERTIFICATION COST REPORTS.—As part SEC. 8062. None of the funds in this Act funds appropriated in this Act are available of the annual certification under subsection may be used to purchase any supercomputer to compensate members of the National (a), the Secretary shall report the projected which is not manufactured in the United Guard for duty performed pursuant to a plan cost (as of the time of the certification) for— States, unless the Secretary of Defense cer- submitted by a Governor of a State and ap- (1) the renovation of each wedge, including tifies to the congressional defense commit- proved by the Secretary of Defense under the amount adjusted or otherwise excluded tees that such an acquisition must be made section 112 of title 32, United States Code: for such wedge under the authority of para- in order to acquire capability for national se- Provided, That during the performance of graphs (2) and (3) of subsection (c) for the pe- curity purposes that is not available from such duty, the members of the National riod covered by the certification; and United States manufacturers. Guard shall be under State command and (2) the repair and reconstruction of wedges SEC. 8063. Notwithstanding any other pro- control: Provided further, That such duty 1 and 2 in response to the terrorist attack on vision of law, the Naval shipyards of the shall be treated as full-time National Guard the Pentagon that occurred on September 11, United States shall be eligible to participate duty for purposes of sections 12602(a)(2) and 2001. in any manufacturing extension program fi- (b)(2) of title 10, United States Code. (e) DURATION OF CERTIFICATION REQUIRE- nanced by funds appropriated in this or any SEC. 8054. Funds appropriated in this Act MENT.—The requirement to make an annual other Act. for operation and maintenance of the Mili- certification under subsection (a) shall apply SEC. 8064. Notwithstanding any other pro- tary Departments, Combatant Commands until the Secretary certifies to Congress that vision of law, each contract awarded by the and Defense Agencies shall be available for the renovation of the Pentagon Reservation Department of Defense during the current reimbursement of pay, allowances and other is completed. fiscal year for construction or service per- expenses which would otherwise be incurred SEC. 8057. Notwithstanding any other pro- formed in whole or in part in a State (as de- against appropriations for the National vision of law, that not more than 35 percent fined in section 381(d) of title 10, United Guard and Reserve when members of the Na- of funds provided in this Act for environ- States Code) which is not contiguous with tional Guard and Reserve provide intel- mental remediation may be obligated under another State and has an unemployment ligence or counterintelligence support to indefinite delivery/indefinite quantity con- rate in excess of the national average rate of Combatant Commands, Defense Agencies and tracts with a total contract value of unemployment as determined by the Sec- Joint Intelligence Activities, including the $130,000,000 or higher. retary of Labor, shall include a provision re- activities and programs included within the SEC. 8058. (a) None of the funds available to quiring the contractor to employ, for the National Foreign Intelligence Program the Department of Defense for any fiscal purpose of performing that portion of the

VerDate jun 06 2002 04:38 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.011 pfrm15 PsN: H27PT1 H4102 CONGRESSIONAL RECORD — HOUSE June 27, 2002

contract in such State that is not contiguous program: Provided further, That amounts SEC. 8072. Funds appropriated in title II of with another State, individuals who are resi- charged for administrative fees and depos- this Act and for the Defense Health Program dents of such State and who, in the case of ited to the special account provided for in title VI of this Act for supervision and ad- any craft or trade, possess or would be able under section 2540c(d) of title 10, shall be ministration costs for facilities maintenance to acquire promptly the necessary skills: available for paying the costs of administra- and repair, minor construction, or design Provided, That the Secretary of Defense may tive expenses of the Department of Defense projects may be obligated at the time the re- waive the requirements of this section, on a that are attributable to the loan guarantee imbursable order is accepted by the per- case-by-case basis, in the interest of national program under subchapter VI of chapter 148 forming activity: Provided, That for the pur- security. of title 10, United States Code. pose of this section, supervision and adminis- SEC. 8065. None of the funds made available SEC. 8068. None of the funds available to tration costs includes all in-house Govern- in this or any other Act may be used to pay the Department of Defense under this Act ment cost. the salary of any officer or employee of the shall be obligated or expended to pay a con- SEC. 8073. During the current fiscal year, Department of Defense who approves or im- tractor under a contract with the Depart- the Secretary of Defense may waive reim- plements the transfer of administrative re- ment of Defense for costs of any amount paid bursement of the cost of conferences, semi- sponsibilities or budgetary resources of any by the contractor to an employee when— nars, courses of instruction, or similar edu- program, project, or activity financed by (1) such costs are for a bonus or otherwise cational activities of the Asia-Pacific Center this Act to the jurisdiction of another Fed- in excess of the normal salary paid by the for Security Studies for military officers and eral agency not financed by this Act without contractor to the employee; and civilian officials of foreign nations if the the express authorization of Congress: Pro- (2) such bonus is part of restructuring costs Secretary determines that attendance by vided, That this limitation shall not apply to associated with a business combination. such personnel, without reimbursement, is in transfers of funds expressly provided for in SEC. 8069. (a) None of the funds appro- the national security interest of the United Defense Appropriations Acts, or provisions of priated or otherwise made available in this States: Provided, That costs for which reim- Acts providing supplemental appropriations Act may be used to transport or provide for bursement is waived pursuant to this section for the Department of Defense. the transportation of chemical munitions or shall be paid from appropriations available SEC. 8066. (a) LIMITATION ON TRANSFER OF agents to the Johnston Atoll for the purpose for the Asia-Pacific Center. DEFENSE ARTICLES AND SERVICES.—Notwith- of storing or demilitarizing such munitions SEC. 8074. (a) Notwithstanding any other standing any other provision of law, none of or agents. provision of law, the Chief of the National the funds available to the Department of De- (b) The prohibition in subsection (a) shall Guard Bureau may permit the use of equip- fense for the current fiscal year may be obli- not apply to any obsolete World War II ment of the National Guard Distance Learn- gated or expended to transfer to another na- chemical munition or agent of the United ing Project by any person or entity on a tion or an international organization any de- States found in the World War II Pacific space-available, reimbursable basis. The fense articles or services (other than intel- Theater of Operations. Chief of the National Guard Bureau shall es- ligence services) for use in the activities de- (c) The President may suspend the applica- tablish the amount of reimbursement for scribed in subsection (b) unless the congres- tion of subsection (a) during a period of war such use on a case-by-case basis. sional defense committees, the Committee in which the United States is a party. (b) Amounts collected under subsection (a) on International Relations of the House of shall be credited to funds available for the (INCLUDING TRANSFER OF FUNDS) Representatives, and the Committee on For- National Guard Distance Learning Project eign Relations of the Senate are notified 15 SEC. 8070. During the current fiscal year, and be available to defray the costs associ- days in advance of such transfer. no more than $30,000,000 of appropriations ated with the use of equipment of the project (b) COVERED ACTIVITIES.—This section ap- made in this Act under the heading ‘‘Oper- under that subsection. Such funds shall be plies to— ation and Maintenance, Defense-Wide’’ may available for such purposes without fiscal (1) any international peacekeeping or be transferred to appropriations available for year limitation. peace-enforcement operation under the au- the pay of military personnel, to be merged SEC. 8075. Using funds available by this Act thority of chapter VI or chapter VII of the with, and to be available for the same time or any other Act, the Secretary of the Air United Nations Charter under the authority period as the appropriations to which trans- Force, pursuant to a determination under of a United Nations Security Council resolu- ferred, to be used in support of such per- section 2690 of title 10, United States Code, tion; and sonnel in connection with support and serv- may implement cost-effective agreements (2) any other international peacekeeping, ices for eligible organizations and activities for required heating facility modernization peace-enforcement, or humanitarian assist- outside the Department of Defense pursuant in the Kaiserslautern Military Community ance operation. to section 2012 of title 10, United States in the Federal Republic of Germany: Pro- (c) REQUIRED NOTICE.—A notice under sub- Code. vided, That in the City of Kaiserslautern section (a) shall include the following: SEC. 8071. During the current fiscal year, in such agreements will include the use of (1) A description of the equipment, sup- the case of an appropriation account of the United States anthracite as the base load en- plies, or services to be transferred. Department of Defense for which the period ergy for municipal district heat to the (2) A statement of the value of the equip- of availability for obligation has expired or United States Defense installations: Provided ment, supplies, or services to be transferred. which has closed under the provisions of sec- further, That at Landstuhl Army Regional (3) In the case of a proposed transfer of tion 1552 of title 31, United States Code, and Medical Center and Ramstein Air Base, fur- equipment or supplies— which has a negative unliquidated or unex- nished heat may be obtained from private, (A) a statement of whether the inventory pended balance, an obligation or an adjust- regional or municipal services, if provisions requirements of all elements of the Armed ment of an obligation may be charged to any are included for the consideration of United Forces (including the reserve components) current appropriation account for the same States coal as an energy source. for the type of equipment or supplies to be purpose as the expired or closed account if— SEC. 8076. None of the funds appropriated in transferred have been met; and (1) the obligation would have been properly title IV of this Act may be used to procure (B) a statement of whether the items pro- chargeable (except as to amount) to the ex- end-items for delivery to military forces for posed to be transferred will have to be re- pired or closed account before the end of the operational training, operational use or in- placed and, if so, how the President proposes period of availability or closing of that ac- ventory requirements: Provided, That this re- to provide funds for such replacement. count; striction does not apply to end-items used in SEC. 8067. To the extent authorized by sub- (2) the obligation is not otherwise properly development, prototyping, and test activi- chapter VI of chapter 148 of title 10, United chargeable to any current appropriation ac- ties preceding and leading to acceptance for States Code, the Secretary of Defense may count of the Department of Defense; and operational use: Provided further, That this issue loan guarantees in support of United (3) in the case of an expired account, the restriction does not apply to programs fund- States defense exports not otherwise pro- obligation is not chargeable to a current ap- ed within the National Foreign Intelligence vided for: Provided, That the total contingent propriation of the Department of Defense Program: Provided further, That the Sec- liability of the United States for guarantees under the provisions of section 1405(b)(8) of retary of Defense may waive this restriction issued under the authority of this section the National Defense Authorization Act for on a case-by-case basis by certifying in writ- may not exceed $15,000,000,000: Provided fur- Fiscal Year 1991, Public Law 101–510, as ing to the Committees on Appropriations of ther, That the exposure fees charged and col- amended (31 U.S.C. 1551 note): Provided, That the House of Representatives and the Senate lected by the Secretary for each guarantee in the case of an expired account, if subse- that it is in the national security interest to shall be paid by the country involved and quent review or investigation discloses that do so. shall not be financed as part of a loan guar- there was not in fact a negative unliquidated SEC. 8077. None of the funds made available anteed by the United States: Provided fur- or unexpended balance in the account, any in this Act may be used to approve or license ther, That the Secretary shall provide quar- charge to a current account under the au- the sale of the F–22 advanced tactical fighter terly reports to the Committees on Appro- thority of this section shall be reversed and to any foreign government. priations, Armed Services, and Foreign Rela- recorded against the expired account: Pro- SEC. 8078. (a) The Secretary of Defense tions of the Senate and the Committees on vided further, That the total amount charged may, on a case-by-case basis, waive with re- Appropriations, Armed Services, and Inter- to a current appropriation under this section spect to a foreign country each limitation on national Relations in the House of Rep- may not exceed an amount equal to 1 percent the procurement of defense items from for- resentatives on the implementation of this of the total appropriation for that account. eign sources provided in law if the Secretary

VerDate jun 06 2002 04:38 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.011 pfrm15 PsN: H27PT1 June 27, 2002 CONGRESSIONAL RECORD — HOUSE H4103

determines that the application of the limi- SEC. 8082. The total amount appropriated SEC. 8087. During the current fiscal year, tation with respect to that country would in- in this Act is hereby reduced by $615,000,000 refunds attributable to the use of the Gov- validate cooperative programs entered into to reflect savings from favorable foreign cur- ernment travel card, refunds attributable to between the Department of Defense and the rency fluctuations, to be derived as follows: the use of the Government Purchase Card foreign country, or would invalidate recip- ‘‘Military Personnel, Army’’, $154,000,000; and refunds attributable to official Govern- rocal trade agreements for the procurement ‘‘Military Personnel, Navy’’, $11,000,000; ment travel arranged by Government Con- of defense items entered into under section ‘‘Military Personnel, Marine Corps’’, tracted Travel Management Centers may be 2531 of title 10, United States Code, and the $21,000,000; credited to operation and maintenance ac- country does not discriminate against the ‘‘Military Personnel, Air Force’’, counts of the Department of Defense which same or similar defense items produced in $49,000,000; are current when the refunds are received. the United States for that country. ‘‘Operation and Maintenance, Army’’, SEC. 8088. (a) REGISTERING FINANCIAL MAN- (b) Subsection (a) applies with respect to— $189,000,000; AGEMENT INFORMATION TECHNOLOGY SYSTEMS (1) contracts and subcontracts entered into ‘‘Operation and Maintenance, Navy’’, WITH DOD CHIEF INFORMATION OFFICER.— on or after the date of the enactment of this $40,000,000; None of the funds appropriated in this Act Act; and ‘‘Operation and Maintenance, Marine may be used for a mission critical or mission (2) options for the procurement of items Corps’’, $3,000,000; essential financial management information that are exercised after such date under con- ‘‘Operation and Maintenance, Air Force’’, technology system (including a system fund- tracts that are entered into before such date $80,000,000; and ed by the defense working capital fund) that if the option prices are adjusted for any rea- ‘‘Operation and Maintenance, Defense- is not registered with the Chief Information son other than the application of a waiver Wide’’, $68,000,000. Officer of the Department of Defense. A sys- granted under subsection (a). SEC. 8083. None of the funds appropriated tem shall be considered to be registered with (c) Subsection (a) does not apply to a limi- or made available in this Act to the Depart- that officer upon the furnishing to that offi- tation regarding construction of public ves- ment of the Navy shall be used to develop, cer of notice of the system, together with sels, ball and roller bearings, food, and cloth- lease or procure the T–AKE class of ships un- such information concerning the system as ing or textile materials as defined by section less the main propulsion diesel engines and the Secretary of Defense may prescribe. A fi- 11 (chapters 50–65) of the Harmonized Tariff propulsors are manufactured in the United nancial management information technology Schedule and products classified under head- States by a domestically operated entity: system shall be considered a mission critical ings 4010, 4202, 4203, 6401 through 6406, 6505, Provided, That the Secretary of Defense may or mission essential information technology 7019, 7218 through 7229, 7304.41 through waive this restriction on a case-by-case basis system as defined by the Under Secretary of 7304.49, 7306.40, 7502 through 7508, 8105, 8108, by certifying in writing to the Committees Defense (Comptroller). 8109, 8211, 8215, and 9404. on Appropriations of the House of Represent- (b) CERTIFICATIONS AS TO COMPLIANCE WITH SEC. 8079. Funds made available to the atives and the Senate that adequate domes- FINANCIAL MANAGEMENT MODERNIZATION Civil Air Patrol in this Act under the head- tic supplies are not available to meet De- PLAN.—(1) During the current fiscal year, a ing ‘‘Drug Interdiction and Counter-Drug Ac- partment of Defense requirements on a time- financial management major automated in- tivities, Defense’’ may be used for the Civil ly basis and that such an acquisition must be formation system may not receive Milestone Air Patrol Corporation’s counterdrug pro- made in order to acquire capability for na- A approval, Milestone B approval, or full gram, including its demand reduction pro- tional security purposes or there exists a sig- rate production, or their equivalent, within gram involving youth programs, as well as nificant cost or quality difference. the Department of Defense until the Under operational and training drug reconnais- SEC. 8084. None of the funds appropriated Secretary of Defense (Comptroller) certifies, sance missions for Federal, State, and local or otherwise made available by this or other with respect to that milestone, that the sys- government agencies; and for equipment Department of Defense Appropriations Acts tem is being developed and managed in ac- needed for mission support or performance: may be obligated or expended for the purpose cordance with the Department’s Financial of performing repairs or maintenance to Provided, That the Department of the Air Management Modernization Plan. The Under military family housing units of the Depart- Force should waive reimbursement from the Secretary of Defense (Comptroller) may re- ment of Defense, including areas in such Federal, State, and local government agen- quire additional certifications, as appro- military family housing units that may be cies for the use of these funds. priate, with respect to any such system. used for the purpose of conducting official SEC. 8080. (a) PROHIBITION.—None of the (2) The Chief Information Officer shall pro- funds made available by this Act may be Department of Defense business. vide the congressional defense committees used to support any training program involv- SEC. 8085. Notwithstanding any other pro- timely notification of certifications under ing a unit of the security forces of a foreign vision of law, funds appropriated in this Act paragraph (1). country if the Secretary of Defense has re- under the heading ‘‘Research, Development, (c) CERTIFICATIONS AS TO COMPLIANCE WITH ceived credible information from the Depart- Test and Evaluation, Defense-Wide’’ for any advanced concept technology demonstration CLINGER-COHEN ACT.—(1) During the current ment of State that the unit has committed a fiscal year, a major automated information gross violation of human rights, unless all project may only be obligated 30 days after a report, including a description of the project system may not receive Milestone A ap- necessary corrective steps have been taken. proval, Milestone B approval, or full rate (b) MONITORING.—The Secretary of Defense, and its estimated annual and total cost, has production approval, or their equivalent, in consultation with the Secretary of State, been provided in writing to the congressional within the Department of Defense until the shall ensure that prior to a decision to con- defense committees: Provided, That the Sec- duct any training program referred to in sub- retary of Defense may waive this restriction Chief Information Officer certifies, with re- section (a), full consideration is given to all on a case-by-case basis by certifying to the spect to that milestone, that the system is credible information available to the Depart- congressional defense committees that it is being developed in accordance with the ment of State relating to human rights vio- in the national interest to do so. Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et lations by foreign security forces. SEC. 8086. Notwithstanding any other pro- seq.). The Chief Information Officer may re- (c) WAIVER.—The Secretary of Defense, vision of law, for the purpose of establishing quire additional certifications, as appro- after consultation with the Secretary of all Department of Defense policies governing priate, with respect to any such system. State, may waive the prohibition in sub- the provision of care provided by and fi- (2) The Chief Information Officer shall pro- section (a) if he determines that such waiver nanced under the military health care sys- vide the congressional defense committees is required by extraordinary circumstances. tem’s case management program under 10 timely notification of certifications under (d) REPORT.—Not more than 15 days after U.S.C. 1079(a)(17), the term ‘‘custodial care’’ paragraph (1). Each such notification shall the exercise of any waiver under subsection shall be defined as care designed essentially include, at a minimum, the funding baseline (c), the Secretary of Defense shall submit a to assist an individual in meeting the activi- and milestone schedule for each system cov- report to the congressional defense commit- ties of daily living and which does not re- ered by such a certification and confirma- tees describing the extraordinary cir- quire the supervision of trained medical, tion that the following steps have been cumstances, the purpose and duration of the nursing, paramedical or other specially taken with respect to the system: training program, the United States forces trained individuals: Provided, That the case (A) Business process reengineering. and the foreign security forces involved in management program shall provide that (B) An analysis of alternatives. the training program, and the information members and retired members of the mili- (C) An economic analysis that includes a relating to human rights violations that ne- tary services, and their dependents and sur- calculation of the return on investment. cessitates the waiver. vivors, have access to all medically nec- (D) Performance measures. SEC. 8081. The Secretary of Defense, in co- essary health care through the health care (E) An information assurance strategy con- ordination with the Secretary of Health and delivery system of the military services re- sistent with the Department’s Global Infor- Human Services, may carry out a program to gardless of the health care status of the per- mation Grid. distribute surplus dental equipment of the son seeking the health care: Provided further, (d) DEFINITIONS.—For purposes of this sec- Department of Defense, at no cost to the De- That the case management program shall be tion: partment of Defense, to Indian health service the primary obligor for payment of medi- (1) The term ‘‘Chief Information Officer’’ facilities and to federally-qualified health cally necessary services and shall not be con- means the senior official of the Department centers (within the meaning of section sidered as secondarily liable to title XIX of of Defense designated by the Secretary of 1905(l)(2)(B) of the Social Security Act (42 the Social Security Act, other welfare pro- Defense pursuant to section 3506 of title 44, U.S.C. 1396d(l)(2)(B))). grams or charity based care. United States Code.

VerDate jun 06 2002 04:38 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.011 pfrm15 PsN: H27PT1 H4104 CONGRESSIONAL RECORD — HOUSE June 27, 2002 (2) The term ‘‘information technology sys- of Columbia shall be procured from the most tion, Inc., only for the construction and fur- tem’’ has the meaning given the term ‘‘infor- competitive source, price and other factors nishing of additional Fisher Houses to meet mation technology’’ in section 5002 of the considered. the needs of military family members when Clinger-Cohen Act of 1996 (40 U.S.C. 1401). SEC. 8093. During the current fiscal year, confronted with the illness or hospitalization (3) The term ‘‘major automated informa- under regulations prescribed by the Sec- of an eligible military beneficiary. tion system’’ has the meaning given that retary of Defense, the Center of Excellence SEC. 8100. The total amount appropriated term in Department of Defense Directive for Disaster Management and Humanitarian in Title II of this Act is hereby reduced by 5000.1. Assistance may also pay, or authorize pay- $51,000,000, to reflect savings attributable to SEC. 8089. During the current fiscal year, ment for, the expenses of providing or facili- improvements in the management of advi- none of the funds available to the Depart- tating education and training for appro- sory and assistance services contracted by ment of Defense may be used to provide sup- priate military and civilian personnel of for- the military departments, to be derived as port to another department or agency of the eign countries in disaster management, follows: United States if such department or agency peace operations, and humanitarian assist- ‘‘Operation and Maintenance, Army’’, is more than 90 days in arrears in making ance. $11,000,000; payment to the Department of Defense for SEC. 8094. (a) The Department of Defense is ‘‘Operation and Maintenance, Navy’’, goods or services previously provided to such authorized to enter into agreements with the $10,000,000; and department or agency on a reimbursable Veterans Administration and federally-fund- ‘‘Operation and Maintenance, Air Force’’, basis: Provided, That this restriction shall ed health agencies providing services to Na- $30,000,000. not apply if the department is authorized by tive Hawaiians for the purpose of estab- (INCLUDING TRANSFER OF FUNDS) law to provide support to such department or lishing a partnership similar to the Alaska agency on a nonreimbursable basis, and is Federal Health Care Partnership, in order to SEC. 8101. Of the amounts appropriated in providing the requested support pursuant to maximize Federal resources in the provision this Act under the heading ‘‘Shipbuilding such authority: Provided further, That the of health care services by federally-funded and Conversion, Navy,’’ $644,899,000 shall be Secretary of Defense may waive this restric- health agencies, applying telemedicine tech- available until September 30, 2003, to fund tion on a case-by-case basis by certifying in nologies. For the purpose of this partnership, prior year shipbuilding cost increases: Pro- writing to the Committees on Appropria- Native Hawaiians shall have the same status vided, That upon enactment of this Act, the tions of the House of Representatives and as other Native Americans who are eligible Secretary of Defense shall transfer such the Senate that it is in the national security for the health care services provided by the funds to the following appropriations in the interest to do so. Indian Health Service. amount specified: Provided further, That the SEC. 8090. None of the funds provided in (b) The Department of Defense is author- amounts transferred shall be merged with this Act may be used to transfer to any non- ized to develop a consultation policy, con- and shall be available for the same purposes governmental entity ammunition held by sistent with Executive Order No. 13084 as the appropriations to which transferred: the Department of Defense that has a center- (issued May 14, 1998), with Native Hawaiians To: fire cartridge and a United States military for the purpose of assuring maximum Native Under the heading, ‘‘Shipbuilding and Con- nomenclature designation of ‘‘armor pene- Hawaiian participation in the direction and version, Navy, 1996/2003’’: trator’’, ‘‘armor piercing (AP)’’, ‘‘armor administration of governmental services so LPD–17 Amphibious Transport Dock Ship piercing incendiary (API)’’, or ‘‘armor-pierc- as to render those services more responsive Program, $232,681,000; ing incendiary-tracer (API–T)’’, except to an to the needs of the Native Hawaiian commu- Under the heading, ‘‘Shipbuilding and Con- entity performing demilitarization services nity. version, Navy, 1998/2003’’: for the Department of Defense under a con- (c) For purposes of this section, the term DDG–51 Destroyer Program, $47,400,000; tract that requires the entity to dem- ‘‘Native Hawaiian’’ means any individual New SSN, $156,682,000; onstrate to the satisfaction of the Depart- who is a descendant of the aboriginal people Under the heading, ‘‘Shipbuilding and Con- ment of Defense that armor piercing projec- who, prior to 1778, occupied and exercised version, Navy, 1999/2003’’: tiles are either: (1) rendered incapable of sovereignty in the area that now comprises LPD–17 Amphibious Transport Dock Ship reuse by the demilitarization process; or (2) the State of Hawaii. Program, $10,000,000; used to manufacture ammunition pursuant SEC. 8095. Of the amounts appropriated in DDG–51 Destroyer Program, $56,736,000; to a contract with the Department of De- this Act for the Arrow missile defense pro- New SSN, $120,000,000; fense or the manufacture of ammunition for gram under the heading ‘‘Research, Develop- Under the heading, ‘‘Shipbuilding and Con- export pursuant to a License for Permanent ment, Test and Evaluation, Defense-Wide’’, version, Navy, 2000/2003’’: Export of Unclassified Military Articles $131,700,000 shall be made available for the DDG–51 Destroyer Program, $21,200,000; issued by the Department of State. purpose of continuing the Arrow System Im- Under the heading, ‘‘Shipbuilding and Con- SEC. 8091. Notwithstanding any other pro- provement Program (ASIP), continuing bal- version, Navy, 2001/2008’’: vision of law, the Chief of the National listic missile defense interoperability with DDG–51 Destroyer Program, $200,000. Guard Bureau, or his designee, may waive Israel, and continuing development of an payment of all or part of the consideration SEC. 8102. The Secretary of the Navy may Arrow production capability in the United that otherwise would be required under 10 settle, or compromise, and pay any and all States. U.S.C. 2667, in the case of a lease of personal admiralty claims under 10 U.S.C. 7622 arising SEC. 8096. Funds available to the Depart- property for a period not in excess of 1 year out of the collision involving the U.S.S. ment of Defense for the Global Positioning to any organization specified in 32 U.S.C. GREENEVILLE and the EHIME MARU, in System during the current fiscal year may 508(d), or any other youth, social, or fra- any amount and without regard to the mone- be used to fund civil requirements associated ternal non-profit organization as may be ap- tary limitations in subsections (a) and (b) of with the satellite and ground control seg- proved by the Chief of the National Guard that section: Provided, That such payments ments of such system’s modernization pro- Bureau, or his designee, on a case-by-case shall be made from funds available to the gram. basis. Department of the Navy for operation and SEC. 8092. None of the funds appropriated (INCLUDING TRANSFER OF FUNDS) maintenance. by this Act shall be used for the support of SEC. 8097. Of the amounts appropriated in SEC. 8103. The total amount appropriated any nonappropriated funds activity of the this Act under the heading, ‘‘Operation and in Title II of this Act is hereby reduced by Department of Defense that procures malt Maintenance, Defense-Wide’’, $68,000,000 shall $97,000,000, to reflect savings attributable to beverages and wine with nonappropriated remain available until expended: Provided, improved supervision in determining appro- funds for resale (including such alcoholic That notwithstanding any other provision of priate purchases to be made using the Gov- beverages sold by the drink) on a military law, the Secretary of Defense is authorized ernment purchase card, to be derived as fol- installation located in the United States un- to transfer such funds to other activities of lows: less such malt beverages and wine are pro- the Federal Government. ‘‘Operation and Maintenance, Army’’, cured within that State, or in the case of the SEC. 8098. Section 8106 of the Department $24,000,000; District of Columbia, within the District of of Defense Appropriations Act, 1997 (titles I ‘‘Operation and Maintenance, Navy’’, Columbia, in which the military installation through VIII of the matter under subsection $29,000,000; is located: Provided, That in a case in which 101(b) of Public Law 104–208; 110 Stat. 3009– ‘‘Operation and Maintenance, Marine the military installation is located in more 111; 10 U.S.C. 113 note) shall continue in ef- Corps’’, $3,000,000; than one State, purchases may be made in fect to apply to disbursements that are made ‘‘Operation and Maintenance, Air Force’’, any State in which the installation is lo- by the Department of Defense in fiscal year $27,000,000; and cated: Provided further, That such local pro- 2003. ‘‘Operation and Maintenance, Defense- curement requirements for malt beverages SEC. 8099. In addition to amounts provided Wide’’, $14,000,000. and wine shall apply to all alcoholic bev- in this Act, $2,000,000 is hereby appropriated SEC. 8104. Funds provided for the current erages only for military installations in for ‘‘Defense Health Program’’, to remain fiscal year or hereafter for Operation and States which are not contiguous with an- available for obligation until expended: Pro- Maintenance for the Armed Forces may be other State: Provided further, That alcoholic vided, That notwithstanding any other provi- used, notwithstanding any other provision of beverages other than wine and malt bev- sion of law, these funds shall be available law, for the purchase of ultralightweight erages, in contiguous States and the District only for a grant to the Fisher House Founda- camouflage net systems as unit spares.

VerDate jun 06 2002 04:38 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.011 pfrm15 PsN: H27PT1 June 27, 2002 CONGRESSIONAL RECORD — HOUSE H4105

(INCLUDING TRANSFER OF FUNDS) merged with and to be available for the same ily members while participating in such pro- SEC. 8105. During the current fiscal year purposes and for the same time period as the grams, including participation at retreats and hereafter, notwithstanding any other appropriation or fund to which transferred: and conferences. provision of law, the Secretary of Defense Provided, That the Secretary shall provide SEC. 8117. (a) COMMISSION ON ADEQUACY OF may transfer not more than $20,000,000 of un- written notification to the congressional de- ARMED FORCES TRAINING FACILITIES.—The obligated balances remaining in a Research, fense committees 30 days prior to such trans- Secretary of Defense shall establish an advi- Development, Test and Evaluation, Army ap- fer: Provided further, That the Secretary of sory committee under section 173 of title 10, propriation account during the last fiscal Defense shall report to the Congress quar- United States Code, to assess the avail- year before the account closes under section terly all transfers made pursuant to this au- ability of adequate training facilities for the 1552 of title 31 United States Code, to a cur- thority: Provided further, That this transfer Armed Forces in the United States and over- rent Research, Development, Test and Eval- authority is in addition to any other transfer seas and the adverse impact of residential uation, Army appropriation account to be authority available to the Department of De- and industrial encroachment, requirements used only for the continuation of the Ven- fense. of environmental laws, and other factors on ture Capital Fund demonstration, as origi- SEC. 8110. Notwithstanding section 1116(c) military training and the coordination of nally approved in Section 8150 of Public Law of title 10, United States Code, payments military training among the United States 107–117, to pursue high payoff technology and into the Department of Defense Medicare-El- and its allies. innovations in science and technology: Pro- igible Retiree Health Care Fund for fiscal (b) MEMBERS.—The advisory committee vided, That any such transfer shall be made year 2003 under section 1116(a) of such title shall be composed of persons who are not ac- not later than July 31 of each year: Provided shall be made from funds available in this tive-duty members of the Armed Forces or further, That funds so transferred shall be Act for the pay of military personnel. officers or employees of the Department of merged with and shall be available for the SEC. 8111. None of the funds in this Act Defense. (c) REPORT.—Not later than July 31, 2003, same purposes and for the same time period may be used to initiate a new start program the advisory committee shall submit to the as the appropriation to which transferred: without prior notification to the Office of Secretary of Defense and the congressional Provided further, That the transfer authority Secretary of Defense and the congressional defense committees a report containing the provided in this section is in addition to any defense committees. results of the assessment and such rec- other transfer authority available to the De- SEC. 8112. The amount appropriated in title ommendations as the committee considers partment of Defense: Provided further, That, II of this Act is hereby reduced by $470,000,000 necessary. no funds for programs, projects, or activities to reflect Working Capital Fund cash bal- ance and rate stabilization adjustments, to (d) FUNDING.—Funds for the activities of designated as special congressional interest the advisory committee shall be provided items in DD Form 1414 shall be eligible for be derived as follows: ‘‘Operation and Maintenance, Navy’’, from amounts appropriated for operation and transfer under the authority of this section: maintenance for Defense-Wide activities for Provided further, That any unobligated bal- $440,000,000; and ‘‘Operation and Maintenance, Air Force’’, fiscal year 2003. ances transferred under this authority may SEC. 8118. (a) LIMITATION ON ADDITIONAL be restored to the original appropriation if $30,000,000. SEC. 8113. Notwithstanding any other pro- NMCI CONTRACT WORK STATIONS.—Notwith- required to cover unexpected upward adjust- vision in this Act, the total amount appro- standing section 814 of the Floyd D. Spence ments: Provided further, That the Secretary priated in this Act is hereby reduced by National Defense Authorization Act for Fis- of the Army shall provide an annual report $475,000,000, to reduce excess funded carry- cal Year 2001 (as enacted into law by Public to the House and Senate Appropriations over, to be derived as follows: Law 106–398; 114 Stat. 1654A–215) or any other Committees no later than 15 days prior to ‘‘Operation and Maintenance, Army’’, provision of law, the total number of work the annual transfer of funds under authority $48,000,000; stations provided under the Navy-Marine of this section describing the sources and ‘‘Operation and Maintenance, Navy’’, Corps Intranet contract (as defined in sub- amounts of funds proposed to be transfered, $285,000,000; section (i) of such section 814) may not ex- summarizing the projects funded under this ‘‘Operation and Maintenance, Marine ceed 160,000 work stations until the Under demonstration program (including the name Corps’’, $8,000,000; and Secretary of Defense for Acquisition, Tech- and location of project sponsors) to date, a ‘‘Operation and Maintenance, Air Force’’, nology, and Logistics and the Chief Informa- description of the major program accom- $134,000,000. tion Officer of the Department of Defense plishments to date, and an overall assess- SEC. 8114. Notwithstanding any other pro- certify to the congressional defense commit- ment of the benefits of this demonstration vision of law, none of the funds appropriated tees that all of the conditions specified in program compared to the goals expressed in or otherwise made available by this or any subsection (b) have been satisfied. the legislative history accompanying Sec- other appropriations Acts may be obligated (b) CONDITIONS.—The conditions referred to tion 8150 of Public Law 107–117. for the purpose of transferring the Medical in subsection (a) are the following: SEC. 8106. Notwithstanding any other pro- Free Electron Laser (MFEL) Program from (1) There is a full transition of not less vision of law or regulation, the Secretary of the Department of Defense to any other Gov- than 20,000 work stations to the Navy-Marine Defense may exercise the provisions of 38 ernment agency. Corps Intranet. U.S.C. 7403(g) for occupations listed in 38 SEC. 8115. (a) In addition to the amounts (2) Those work stations undergo oper- U.S.C. 7403(a)(2) as well as the following: provided elsewhere in this Act, the amount ational test and evaluation— Pharmacists, Audiologists, and Dental Hy- of $4,000,000 is hereby appropriated to the De- (A) to evaluate and demonstrate the abil- gienists. partment of Defense for ‘‘Operation and ity of the infrastructure and services of the (A) The requirements of 38 U.S.C. Maintenance, Army National Guard’’. Such Navy-Marine Corps Intranet to support De- 7403(g)(1)(A) shall apply. amount shall be made available to the Sec- partment of the Navy operational, office, and (B) The limitations of 38 U.S.C. retary of the Army only to make a grant in business functionality and processes; and 7403(g)(1)(B) shall not apply. the amount of $4,000,000 to the entity speci- (B) to evaluate the effectiveness and suit- SEC. 8107. Funds appropriated by this Act, fied in subsection (b) to facilitate access by ability of the Navy-Marine Corps Intranet to or made available by the transfer of funds in veterans to opportunities for skilled employ- support accomplishment of Navy and Marine this Act, for intelligence activities are ment in the construction industry. Corps missions. deemed to be specifically authorized by the (b) The entity referred to in subsection (a) (3) The Director of Operational Test and Congress for purposes of section 504 of the is the Center for Military Recruitment, As- Evaluation of the Department of Defense National Security Act of 1947 (50 U.S.C. 414) sessment and Veterans Employment, a non- completes an assessment of the operational during fiscal year 2003 until the enactment of profit labor-management co-operation com- test and evaluation and provides the results the Intelligence Authorization Act for fiscal mittee provided for by section 302(c)(9) of the of the assessment and recommendations to year 2003. Labor-Management Relations Act, 1947 (29 the Under Secretary of Defense for Acquisi- SEC. 8108. Section 1111(c) of title 10 is U.S.C. 186(c)(9)), for the purposes set forth in tion, Technology, and Logistics and the amended in the first sentence by striking section 6(b) of the Labor Management Co- Chief Information Officer of the Department ‘‘may’’ after the Secretary of Defense and in- operation Act of 1978 (29 U.S.C. 175a note). of Defense. serting ‘‘shall’’ after the Secretary of De- SEC. 8116. (a) During the current fiscal (4) The Under Secretary of Defense for Ac- fense. year, funds available to the Secretary of a quisition, Technology, and Logistics and the (INCLUDING TRANSFER OF FUNDS) military department for Operation and Chief Information Officer of the Department SEC. 8109. During the current fiscal year, Maintenance may be used for the purposes of Defense determine that the results of the amounts in or credited to the Defense Co- stated in subsection (b) to support chaplain- test and evaluation are acceptable. operation Account under 10 U.S.C. 2608(b) are led programs to assist members of the Armed SEC. 8119. None of the funds in this Act, ex- hereby appropriated and shall be available Forces and their immediate family members cluding funds provided for advance procure- for obligation and expenditure consistent in building and maintaining a strong family ment of fiscal year 2004 aircraft, may be obli- with the purposes for which such amounts structure. gated for acquisition of more than 16 F–22 were contributed and accepted for transfer (b) The purposes referred to in subsection aircraft until the Under Secretary of Defense by the Secretary of Defense to such appro- (a) are costs of transportation, food, lodging, for Acquisition, Technology, and Logistics priations or funds of the Department of De- supplies, fees, and training materials for has provided to the congressional defense fense as the Secretary shall determine, to be members of the Armed Forces and their fam- committees:

VerDate jun 06 2002 04:38 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.011 pfrm15 PsN: H27PT1 H4106 CONGRESSIONAL RECORD — HOUSE June 27, 2002 (a) A formal risk assessment which identi- program, the Composite Armored Vehicle administration that the testing regime fies and characterizes the potential cost, program, and other Army development pro- for this national missile defense is no- technical, schedule or other significant risks grams in order to develop and field, by 2008, where near adequate for us to have any resulting from increasing the F–22 procure- a Non-Line of Sight (NLOS) Objective Force level of confidence that it will be work- ment quantities prior to the conclusion of artillery system and Resupply Vehicle Dedicated Initial Operational Test and Eval- variants of the Future Combat System. able, particularly within the time uation (DIOT&E) of the aircraft: Provided, (2) Of the funds appropriated or otherwise frame that this administration has now That such risk assessment shall evaluate made available in this Act under the heading set forth, which they claim they are based on the best available current informa- ‘‘Research, Development, Test, and Evalua- going to have a system workable by tion (1) the range of potential additional pro- tion, Army’’, $368,500,000 is available only for 2004. Certainly moving forward and gram costs (compared to the program costs the Objective Force Indirect Fire Systems looking at their proposed space-based assumed in the President’s fiscal year 2003 for the Army to implement this subsection: matters, they are nowhere near that budget) that could result from retrofit modi- Provided, That none of the funds in this or date, or any date within a decade or fications to F–22 production aircraft that are any other Act shall be available for research, placed under contract or delivered to the development, test, or evaluation of any Ob- more beyond that, for deployment. government prior to the conclusion of jective Force or Future Combat System indi- However, within this budget they DIOT&E and (2) a cost-benefit analysis com- rect fire system until the Secretary of the have some $44.4 million for space-based paring, in terms of unit cost and total pro- Army has submitted a written certification boost interceptors or the so-called ki- gram cost, the cost advantages of increasing to the congressional defense committees netic interceptors and it makes no aircraft production at this time to the poten- that a contract has been awarded pursuant common sense at all to move forward tial cost of retrofitting production aircraft to subsection (c)(1) containing a program on this until there has been a formal- once DIOT&E has been completed; plan and schedule for production and fielding ized plan that lays out specifically how (b) Certification that any future retrofit a Future Combat System Non-Line of Sight costs to F–22 production aircraft, ordered or Objective Force artillery system and Resup- the system can demonstrate its effec- delivered prior to the conclusion of DIOT&E, ply Vehicle variants by 2008. tiveness and establish some reasonable that result from changes required from de- SEC. 8122. None of the funds made available time frame for accomplishing the goals velopmental or operational test and evalua- in this Act may be transferred to any depart- that the administration has in mind. tion will not increase the total F–22 program ment, agency, or instrumentality of the I simply put forth for this body’s de- cost as estimated in the President’s fiscal United States Government, except pursuant liberation and consideration the fact year 2003 budget; and to a transfer made by, or transfer authority that we are spending money here well (c) Certification that increasing the F–22 provided in, this Act or any other appropria- before it is appropriate to do so, that production quantity for fiscal year 2003 be- tions Act. the general practice had been in this yond 16 airplanes involves lower risk and AMENDMENT OFFERED BY MR. TIERNEY lower total program cost than staying at House and should be in this House that that quantity, or he submits a revised pro- Mr. TIERNEY. Mr. Chairman, I offer first we test and evaluate matters for duction plan, funding plan and test schedule. an amendment. their ability to work so that we can (INCLUDING TRANSFER OF FUNDS) The Clerk read as follows: have some confidence in their reli- SEC. 8120. Section 305(a) of the Emergency Amendment offered by Mr. TIERNEY: ability before we move forward. Supplemental Act, 2002 (division B of Public In the item relating to ‘‘RESEARCH, DEVEL- It has been the experience of pro- Law 107–117; 115 Stat. 2300), is amended by OPMENT, TEST AND EVALUATION, DEFENSE- grams in the past that when we fail to adding at the end the following new sen- WIDE’’, after the dollar amount, insert the test first before we deploy and con- tences: ‘‘From amounts transferred to the following: ‘‘(reduced by $44,393,000)’’. struct, we get burned. We end up spend- Pentagon Reservation Maintenance Revolv- Mr. LEWIS of California. Mr. Chair- ing a considerable amount of money ing Fund pursuant to the preceding sentence, man, I reserve a point of order on the and losing a lot of time going back to not to exceed $305,000,000 may be transferred amendment. We have not seen it. to the Defense Emergency Response Fund, the beginning to start construction The CHAIRMAN. The point of order over again in accordance with the tests but only in amounts necessary to reimburse is reserved. that fund (and the category of that fund des- and the evaluation. We have done that ignated as ‘Pentagon Repair/Upgrade’) for Mr. TIERNEY. Mr. Chairman, this time after time. In fact, that is why expenses charged to that fund (and that cat- defense appropriations bill allocates this House passed a law setting up the egory) between September 11, 2001, and Janu- some $44.4 million for space-based Department of Operational Testing and ary 10, 2002, for reconstruction costs of the boost interceptors, the so-called ki- Evaluation. Now we seem intent on ig- Pentagon Reservation. Funds transferred to netic interceptors. According to Philip noring the advice of that body and the the Defense Emergency Response Fund pur- Coyle, who was the Pentagon’s chief suant to this section shall be available only comments of its director and moving testing evaluator last year in testi- forward and funding things well before for reconstruction, recovery, force protec- mony before our Committee on Govern- tion, or security enhancements for the Pen- their time, well before they have been tagon Reservation.’’. ment Reform, he indicated that this adequately tested and well before, cer- SEC. 8121. (a) TERMINATION OF CRUSADER particular test program has been tainly, they have met the kind of eval- ARTILLERY SYSTEM.—Consistent with the pushed back indefinitely and that it is uation that would give us any reason- budget amendment to the fiscal year 2003 nowhere near ready to be moved for- able confidence that this would be a re- President’s Budget submitted to Congress on ward in terms of construction. It has liable system. May 29, 2002, for termination of the Crusader not been tested adequately. We have many other things, Mr. Artillery System, the Department of Defense Mr. LEWIS of California. Point of is authorized to terminate the Crusader pro- Chairman, that we could be spending gram. Such termination shall be carried out order, Mr. Chairman. Could the gen- money on within the defense budget. in a prudent and deliberate manner in order tleman provide me a copy of the Homeland security is only one of those to provide for the orderly termination of the amendment, please? I have not seen it. that certainly has a higher priority program. Mr. TIERNEY. We can. If we had had than space-based laser systems that so (b) ACCELERATION OF OTHER INDIRECT FIRE more time of when this was going to far have proved well beyond our grasp SYSTEMS.—Of the funds appropriated or oth- happen, we would have been happy to and have not been adequately tested. erwise made available in this Act, under the do it ahead of time. Somebody is going I ask that we have some consider- heading ‘‘Research, Development, Test, and to have to help you out on the floor Evaluation, Army’’, $305,109,000 shall be ation for that, that we strike this 44.4 available only to accelerate the develop- with that. million from the budget, find a better ment, demonstration, and fielding of indirect The CHAIRMAN. The gentleman may use for it next time around, and move fire platforms, precision munitions, and re- proceed. forward with reasonable testing and lated technology. Mr. TIERNEY. Again, I go to the reasonable assumptions that we are (c) ACCELERATION OF OBJECTIVE FORCE AR- point of Philip Coyle, who was the di- not going to build something with this TILLERY AND RESUPPLY SYSTEMS.—(1) Imme- rector of the operations and testing Congress’ assent until it has been diately upon termination of the Crusader Ar- evaluation program for the Pentagon, shown to have been adequately tested tillery System program, the Department of who came out clearly and has testified the Army shall enter into a contract to le- and shown to be able to work. verage technologies developed with funds in- before committees in this House and Mr. KUCINICH. Mr. Chairman, I vested in fiscal year 2002 and prior years has made it quite known publicly on move to strike the last word. under the Crusader Artillery System pro- the record both while he was in office Mr. Chairman, I rise in support of the gram, the Future Scout and Cavalry System and since his retirement from the last Tierney amendment. The bill before us

VerDate jun 06 2002 04:38 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.011 pfrm15 PsN: H27PT1 June 27, 2002 CONGRESSIONAL RECORD — HOUSE H4107 today provides $121.8 million for the Congress or the public expected to take fense policy—without the agreement of initial construction of an inadequately military contractors’ word or the Pen- many of our allies, and without truly tested mid-course missile defense sys- tagon’s word on the success of missile the consent of this Congress. This mis- tem based in Fort Greely, Alaska. The defense tests? And think of what it guided policy emphasizes nuclear mis- Tierney amendment would cut these means to the American people if we sile defense from space and abandons funds from Fort Greely construction. rely on this to protect us and the re- the Antiballistic Missile Treaty, which To start Fort Greely construction is sults of tests have been phonied up. Yet has played such an important role in premature, it is technologically infea- all this money is being spent, instead keeping nuclear Armageddon at bay. sible, and it is unrealistic. Fort Greely of putting money where it really ought The Administration has also aban- construction is the first step in what to be, developing technologies for doned the wisdom, extensive writing, would become a larger system whose peaceful resolution of our conflicts. and testimony of Dr. Steven Weinberg, final price tag would be $238 billion by The missile defense system is being a Nobel-Prize-winning physicist at the the year 2025. And no one knows if it built when the Defense Department University of Texas at Austin, who even can work. Do the taxpayers not does not have the tools to make it concludes that this system will ‘‘harm deserve some amount of confidence? Do work. Construction is being rushed our security,’’ not strengthen it. the taxpayers not deserve to know that ahead on false premises and false prom- There is no shortage of reasons why a a $238 billion initiative is being started ises. The Department of Defense has space-based ‘‘Star Wars’’ sequel is un- with the knowledge that it is at least failed to successfully test the main desirable. It targets too many of our possible? Because right now no one components of the missile defense pro- resources toward the least likely knows if it is possible or not. No prob- gram. Now, as more money is being threat. We all know and are reminded lem here. Just go right ahead and sought for this boondoggle, the Depart- each evening on the nightly news that spend the money, and we will figure ment of Defense refuses to show where terrorists have many other ways to de- out later on if it is possible. the money is going or how it is being liver destruction to our country and According to the Pentagon’s former used. The American taxpayers have a threaten the security of our families. chief investigator, Philip Coyle, test- right to demand how their hard-earned Perhaps the least likely way is some ing on a national missile defense pro- tax dollars are being spent on programs type of missile that would be clearly gram is unrealistic and it is behind in every place in government. And here identified as to its source and which schedule. At a recent congressional it becomes even more important when could be the target of a space-based briefing, Philip Coyle and missile de- the defense of our country is on the missile defense system. fense expert Dr. Lisbeth Gronlund of line. The Star Wars plan diverts billions of the Union of Concerned Scientists tes- b 1200 dollars that we need to meet the obli- tified that 15 of 17 critical components gation to our children, to our seniors, needed for interceptor deployment at If Congress appropriates these funds, it will be impossible to hold the De- to our families, and to address other Fort Greely will not be completed by more immediate homeland security the year 2004. Why? The technology partment of Defense accountable. Con- gress should not continue to throw needs. Of course, NMD also requires the simply is not at the required level. No technology to hit a bullet with a bul- problem here. Just spend the money, good money after bad. Vote ‘‘yes’’ on the Tierney amendment. let, to distinguish the bullet from the regardless. decoys, and to target bullets that come Up to the present time, missile tests The CHAIRMAN. Does the gentleman in a wobbly fashion and a nonwobbly have failed to distinguish the target from California (Mr. LEWIS) still re- fashion. Doing all of this requires what from a decoy except when the decoy serve his point of order? I suggest is truly a ‘‘faith-based initia- has been made unrealistically easy to Mr. LEWIS of California. Mr. Chair- tive,’’ because it takes immense faith detect and smash, kind of like putting man, I do not believe a point of order to believe that such a space-based sys- up a ‘‘hit me’’ sign electronically. applies to this amendment. So let me tem will even work. There is even reason to question the say, I was going to rise and suggest success of the decoy hits. A General that we oppose the amendment. But chief among the reasons to op- Accounting Office investigation found The gentleman who is speaking to pose this plan and to support the that defense contractors who con- the amendment, however, talked about Tierney amendment is that admonition ducted decoy tests found serious flaws a program that was going to spend X to our physicians: ‘‘First, do no harm.’’ in a 1997 test that the contractors had number of tens of millions of dollars, In working to build a world worthy of claimed was successful. I think Amer- and claiming we do not know if it will our children, the false security of ica is learning about corruption involv- work or not. But the amendment he is space-based missile defense is far out- ing corporations. speaking to essentially, Mr. Chairman, weighed by the warning of former de- The administration has promised to would eliminate research on that very fense Secretary William Perry, that have this site at least partially oper- program to determine its feasibility, ‘‘even a relatively small deployment of ational by 2004. However, the Defense and whether it will work. defensive weapons could trigger a con- Department has moved to put these ac- The CHAIRMAN. So the gentleman siderable nuclear arms race.’’ With all celerated plans under greater secrecy withdraws his point of order. of the recent loose talk in Washington from Congress and the public by ex- Is there anyone else who wishes to be about first strikes, about increased re- empting missile defense projects from heard on the amendment? liance on nuclear weapons and new planning and reporting requirements, Mr. DOGGETT. Mr. Chairman, I ways with new weapons, this is not ending reports to Congress with de- move to strike the requisite number of talk and this is not a system that adds tailed cost estimates and timetables words. to the security of our families; it jeop- and pulling the plug on disclosing the Mr. Chairman, this month, like thou- ardizes that security. results of missile defense tests to the sands of proud parents from around the Intercontinental ballistic missiles public. Can there be any greater exam- country, I attended the graduation are hardly America’s greatest threat. ple of why there is an urgent need to ceremonies for my two daughters, one The most serious nuclear threat we get a handle on this program? an educator, one a physician. As I have is that there are so many weapons The taxpayers are being asked to watched my oldest prepare to return to here and abroad that remain on hair- give this program a blank check, and our hometown with her physician hus- trigger alert and the risk that some no one even knows that it works. As a band, both of them to care for people nuclear device will be smuggled into matter of fact, we have got plenty of there, I was mindful of the guidance our country on a truck, in a boat, or by evidence that it does not work, and it given to doctors from as far back as we some other means that could expose us is all going to be hush-hush, a secret. can remember: ‘‘First, do no harm.’’ to danger. With evidence of testing flaws in the I think that the Administration and Now, the Administration and this bill past, it is a little bit too much to go supporters of this bill would do well to seek over $44 million for space-based along with the military contractors heed this cornerstone of medicine as boost interceptors. The sky is the who are saying, Just trust us. How is they continue to pursue an insular de- limit. This is part of a broader package

VerDate jun 06 2002 04:38 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K27JN7.032 pfrm15 PsN: H27PT1 H4108 CONGRESSIONAL RECORD — HOUSE June 27, 2002 where we spent billions of dollars al- Force, save the lives of American pilots, and the Crisis in Procurement. The committee’s ready and billions more are being re- ensure that the United States retains its domi- recommendation of $70,285,272,000 for de- quested over time. I think we need to nance over the skies. fense procurement is an increase of draw a line at the heavens. In addition to the best possible equipment, $9,420,324,000 over the amount approved for If wisdom’s price is suffering, we can- this legislation also ensures our support for fiscal year 2002, and it is an increase of not afford to belatedly learn that pro- the best possible training for our increasingly $3,065,238,000 over the President’s budget ceeding unilaterally with Star Wars is called-upon military reservists, such as funding request. However, despite the committee’s going to get the job done. It is not for flight training devices for the 94th Airlift best efforts, it has not changed the funda- enough to learn by and by if the sys- Wing at Dobbins Air Reserve Base in Marietta, mental fact that the Defense Department pro- tem works. It is not enough to let ‘‘by Georgia. curement budget is in crisis. and by’’ be the words to spend more As an individual who has served in U.S. Air Numerous reputable studies performed in and more taxpayer resources on a sys- Force myself, I am pleased to see this Admin- the last several years have affirmed this grow- tem that does not work. istration and this Congress realize the signifi- ing crisis. Even the most conservative analysis The modern version of the Hippo- cance of our military to freedom and democ- conducted by the Congressional Budget Office cratic oath states, ‘‘A prevention is racy. I have worked closely with my good has found that the procurement budget needs preferable to a cure.’’ Instead of spend- friend, Subcommittee Chairman JERRY LEWIS, to be increased to at least $94 billion in order ing billions to try to build a shield to to provide the best for our nation’s military, to sustain the military force structure that has blunt the sword, our focus should be on and I thank him not only for his leadership on now been ratified in the Quadrennial Defense the resources, on the diplomacy, to this legislation, but also for his commitment to Review. Other credible outside studies have keep that sword from ever being forged defending the citizens of this country. reached estimates of over $120 billion. DOD’s or drawn in the first place. This past January, President Bush stood be- own studies on procurement needs, performed Mr. Chairman, I urge support of the fore this House and announced his intention to by the individual Services and the Joint Chiefs Tierney amendment. I believe it will rebuild our military, to lead this nation against of Staff, show a requirement for $100–110 bil- add to the security of American fami- the scourge of international terrorism, and to lion. The Navy has testified to Congress that lies. root out those who seek to harm the citizens it faces a procurement shortfall of $10 billion The CHAIRMAN. The question is on of this country. He has delivered on his prom- a year, and CBO estimates that including the the amendment offered by the gen- ise, Mr. Chairman, and it is now time for us to Marine Corps this shortfall is $12 billion. The tleman from Massachusetts (Mr. deliver on ours. That is why I urge my col- Air Force has told Congress of a shortfall of TIERNEY). leagues to vote for this rule, vote for the un- $14 billion, and the Army has a shortfall esti- The question was taken; and the derlying legislation, and give our men and mated by CBO at $5 billion a year. Chairman announced that the noes ap- women in uniform the support, dedication, and The effects of this crisis are all too visible in peared to have it. commitment that they have given to us. the procurement programs and in the condi- Mr. TIERNEY. Mr. Chairman, I de- Mr. DICKS. Mr. Chairman, I move to tion of military equipment and service mainte- mand a recorded vote. strike the last word. nance budget. The cost and length of indi- The CHAIRMAN. Pursuant to clause (Mr. DICKS asked and was given per- vidual procurement programs have reached 6 of rule XVIII, further proceedings on mission to revise and extend his re- absurdity as buy quantities are reduced to the amendment offered by the gen- marks.) minimum levels driving up unit costs. Drawn tleman from Massachusetts (Mr. Mr. DICKS. Mr. Chairman, I rise in out procurement programs mean that average TIERNEY) will be postponed. strong support of this bill. equipment ages are increasing rapidly. The The CHAIRMAN. Are there further Mr. Chairman, I rise in strong support of the average age of Air Force aircraft has in- amendments? FY03 Defense Appropriations Act, and I want creased by 24 percent in the last decade. Mr. LINDER. Mr. Chairman, I move to thank Chairman LEWIS and Ranking Mem- Navy aircraft average age has increased 21 to strike the last word. ber MURTHA for putting together a great de- percent since 1990. The average age of Army (Mr. LINDER asked and was given fense bill. This bill will substantially improve helicopters has increased 12 percent since permission to revise and extend his re- the lives of the soldiers, sailors, and airmen of 1990. These increases have occurred even as marks.) the U.S. armed services as they carry on the force structure is reduced and the oldest Mr. LINDER. Mr. Chairman, I rise in nation’s defense. I particularly want to make equipment is retired. Furthermore, the current strong support of this legislation. note of the Committee’s work to fully fund the rate of procurement of Navy ships will lead to Mr. Chairman, I rise in support of both this conversion of the Trident submarine into an a fleet of only 230 ships by 2030. rule and the underlying legislation, H.R. 5010, SSGN conventional strike platform. Last year, The impact on operation and maintenance the Fiscal Year 2003 Defense Appropriations Chairman LEWIS, Mr. MURTHA and our entire budgets is severe. The number of mainte- bill. This is an open and fair rule that will allow subcommittee added over $300 million to the nance hours required for each aircraft flying the House to work its will on the Defense Ap- FY02 Defense bill to get this program started. hour is skyrocketing. For example, the Air propriations bill. Today’s bill includes $907 million to refuel and Force had a 293 percent increase in the num- Over the past decade, the Armed Forces of convert two Tridents into SSGNs. This bill also ber of maintenance hours per flying hour on this country have excelled beyond our takes the first step in realizing the Air Force’s the F–15E from 1992 to 1999. The Navy ex- expections. Since 1991, the U.S. military has vision for a common Widebody Aircraft to use perienced a 227 percent increase in the num- been involved in over 40 different conflicts for Intelligence Surveillance and Reconnais- ber of maintenance hours per flying hour on around the globe—nearly four times the num- sance. It includes $596 million to purchase the F–14 in the same period. The direct effect ber of engagements than the previous four and outfit one 767 aircraft as the first Air is a dramatic increase in the Air Force budget and a half decades! Yet this government, Force Multimission Command and Control Air- for flying hours, more than 45 percent above more specifically the previous Administration, craft (MC2A). I also want to commend the inflation in the last five years. And the Navy’s has asked our men and women to perform Committee for including $10 million to fund a cost of Aviation Depot Level Repairables in- more of these duties with increasingly less new medical technology, Remote Acoustic creased 68 percent between 1996 and 1999. support. I believe that time has come to put an Hemostatis, which can be used by field med- The President’s proposed $48 billion in- end to this policy, and to provide the support ics to stop traumatic bleeding on the battle- crease for defense spending contained only a our men and women in uniform deserve. field. In my home district, we lost a fine sol- $7.6 billion increase for procurement. That That is why I rise in support of H.R. 5010. dier, Sgt. 1st Class Nathan Chapman of Ft. means that despite the crisis in procurement This legislation represents the largest increase Lewis, in Afghanistan due to catastrophic spending, if the committee had accepted the in defense spending in two decades, and pro- bleeding. I believe this technology will let us President’s budget recommendation, growth in vides a 4.1 percent increase in pay for our prevent this kind of death in a few years. procurement funds for fiscal year 2003 would military personnel, adequate funding to main- As good as this bill is, Mr. Chairman, it does have been slower than the growth in the over- tain our current defense systems, and pro- include one glaring weakness. The committee all defense budget. The fiscal year 2003 budg- vides support for new, innovative systems, in- struck the best balance for meeting our de- et request follows the first Bush defense budg- cluding full funding for the F–22. The F–22, fense obligations that it could given the top et in which procurement was actually lower built primarily by the dedicated men and line constraints imposed by the Budget Com- than the last defense budget of the Clinton women of Lockheed Martin in my home state mittee and the Republican leadership. How- Administration. More important, the size of the of Georgia, will revolutionize our nation’s Air ever, it barely begins to address what I call shortfall in procurement funding is more than

VerDate jun 06 2002 04:53 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 9920 E:\CR\FM\K27JN7.054 pfrm15 PsN: H27PT1 June 27, 2002 CONGRESSIONAL RECORD — HOUSE H4109 4 times the increase proposed for procure- since audits were mandated by the CFO lic through actions and on the Inter- ment in the President’s FY03 budget. Act in 1990. net. Our troops have been left unpro- The credibility of studies by the Joint Chiefs The GAO found in its 2001 High-Risk tected from biological and chemical at- of Staff, CBO and the other higher estimates Series Report that, of 22 high-risk op- tacks by bad accounting practices in are strongly reinforced by a consideration of erations listed in the GAO report, six the Department of Defense, and the the historical patterns of defense spending. are Department of Defense programs, taxpayer continues to have their The current budget for procurement is less more than any other agency. money mistreated. than half what it was at the peak of the According to the report, DOD could Mr. Chairman, we even had testi- Reagan years in 1985 when considered in not match $22 billion worth of expendi- mony in committee this week that constant dollars. Operations and maintenance tures to the items they purchased. The says that of 1.6 million protective suits spending, on the other hand, now exceeds the Navy wrote off as lost over $3 billion that have been requisitioned, the Pen- peak of the Reagan years even though our worth of in-transit inventory. The De- tagon cannot even locate 1.2 million. I military force structure is about one third partment of Defense also purchases want to say that again. Of 1.6 million smaller. As a result, procurement, which was material it does not need. Based on protective suits that have been requi- 25 percent of the defense budget in 1980 current requirements, over $1.6 billion sitioned, the Pentagon cannot locate under President Carter, and 34 percent in of inventory should not have been or- 1.2 million suits that would be used to 1985, is now only 19 percent of the budget. dered. Nor are these problems recent put on our troops so they would be able This historically low level is inadequate for phenomena. to be protected against any chemical sustaining our current force structure, let alone In March, 2000, the Pentagon Inspec- or biological weapons attack. for transforming the military into a 21st Cen- tor General found that, of $7.6 trillion We have an obligation to the men tury fighting force. in accounting entries, $2.3 trillion were and women who serve to say that the There remains one more chance this year to not supported, and this is a quote, Department of Defense has to be ac- begin addressing the crisis in procurement ‘‘were not supported by adequate audit countable. My amendment withholds when the Department of Defense requests trails or is sufficient evidence to deter- only 1 percent of defense funding to en- courage the Department of Defense to and the committee considers the $10 billion mine their validity.’’ follow the law to ensure taxpayer contingency fund for FY03. This fund must At a March, 2001, hearing of the Com- money is accounted for, to ensure that begin the process of modernizing our oldest mittee on Government Reform Sub- the men and women who serve will get military equipment. The longer we delay in committee on National Security, Vet- the equipment that they need, to make facing up to this problem, the greater the cost erans’ Affairs, and International Rela- sure that our national defense will be of the solution and the more severe the crisis tions, of which I am the ranking mem- the highest priority; and we cannot do in both condition and quantity of the systems ber, United States Comptroller General that if we do not have any ability to that we ask our military to use in our nation’s David Walker gave the Department of control the spending and if we do not defense. We owe it to our men and women in Defense an F on financial management. When asked, he admitted that it is have any ability to monitor where all uniform and to the entire nation to step up to of these materials are. this crisis in procurement and commit our- probably the worst of any Federal agency in this respect. They cannot locate 1.2 million pro- selves to provide the sustained level of re- tective suits. Can the Members imag- sources that will solve it. Bad accounting practices have left troops vulnerable to biological and ine that on the eve of the difficulties AMENDMENT OFFERED BY MR. KUCINICH chemical weapon attacks, and I want we have with Iraq? Mr. KUCINICH. Mr. Chairman, I offer every Member of the House to follow The CHAIRMAN. The time of the an amendment. this. At a hearing last week of the gentleman from Ohio (Mr. KUCINICH) The CHAIRMAN. Will the gentleman same Committee on Government Re- has expired. transmit the amendment to the Chair. (On request of Mr. DOGGETT, and by form subcommittee, the GAO reported Mr. LEWIS of California. Mr. Chair- unanimous consent, Mr. KUCINICH was on the results of their effort to track a man, we have not seen the amendment. allowed to proceed for 1 additional single procurement item through the The Clerk read as follows: minute.) maze of different accounting, inven- Mr. DOGGETT. Mr. Chairman, will Amendment offered by Mr. KUCINICH: tory and financial management sys- At the end of the bill (before the short the gentleman yield? title), insert the following new section: tems at the Department of Defense. Mr. KUCINICH. I yield to the gen- SEC. . Of the total amount appro- The GAO chose one item, a suit worn tleman from Texas. priated pursuant to this Act for any compo- by service members to protect them- Mr. DOGGETT. Mr. Chairman, is the nent of the Department of Defense that the selves in the event of a chemical or bi- gentleman aware that the President’s Director of the Office of Management and ological weapon attack. Obviously, in budget, a new feature of it, was to give Budget has identified (as of the date of the light of the anthrax attacks and our a performance grade on all the dif- enactment of this Act) under subsection (c) military’s deployment and prospective ferent agencies in government and that of section 3515 of title 31, United States Code, deployment to various parts of the as being required to have audited financial on the very issues that the gentleman statements meeting the requirements of sub- world, these suits are extremely sought from Ohio is talking about, the Office section (b) of that section, not more than 99 after. The Department is spending over of Management and Budget itself gave percent may be obligated until the Inspector a billion dollars to buy these suits at an F, a failing grade, to the Depart- General of the Department of Defense ex- $200 apiece. The Pentagon has plans to ment of Defense? If the gentleman presses an opinion on the audited financial buy 4.4 million of these suits, but to could answer on that and if you could statements of that component pursuant to date they have issued only a quarter of tell us how the security of our men and section 3521(e) of title 31, United States Code. these. women in arms, in harm’s way, is ad- Mr. LEWIS of California. Mr. Chair- According to the official in charge of vanced by the kind of accounting fail- man, I reserve a point of order on the this program, service members have ures that would test even the talents of amendment. been clamoring for these suits to pro- Arthur Andersen to justify. Mr. KUCINICH. Mr. Chairman, today tect them from biological and chemical Mr. KUCINICH. Mr. Chairman, obvi- I am offering an amendment to the De- weapon attacks. Despite the intense ously, the gentleman from Texas’s (Mr. fense Appropriations bill that will demand within the military, the GAO DOGGETT) question is well taken be- withhold 1 percent of the budget of any found that the Pentagon is simulta- cause the Pentagon cannot pass a test component of the Department of De- neously selling the same suits at a deep of an audit. Not only that, but they do fense from being obligated if that com- discount on the Internet for $3 apiece. not know where their equipment is. ponent has not passed the test of the That is a 99 percent discount from Here is a case where 1.2 million protec- Department of Defense Inspector Gen- what it cost the U.S. taxpayers. The tive suits cannot be located. That is in- eral audit. Pentagon’s accounting systems are so comprehensible. That ought to cause This extraordinary measure is re- bad that several military units actu- people at the high levels in the Army quired to protect the taxpayer, since ally thought they had an excess of the to shake in their boots. no major part of the Pentagon has ever protective suits. As a result, they went Mr. DOGGETT. Mr. Chairman, does passed the test of an independent audit ahead and resold their suits to the pub- the gentleman from Ohio (Mr.

VerDate jun 06 2002 04:53 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A27JN7.021 pfrm15 PsN: H27PT1 H4110 CONGRESSIONAL RECORD — HOUSE June 27, 2002 KUCINICH) think it would be better if we The CHAIRMAN. The gentleman The CHAIRMAN. Does the gentleman gave them more money to manage? from Ohio is recognized. from California (Mr. LEWIS) wish to be Mr. KUCINICH. Mr. Chairman, think Mr. KUCINICH. Mr. Chairman, I want heard further on this point of order? about that. Of course they should not to state that as a matter of law, this Mr. LEWIS of California. Mr. Speak- have more money. The point of this amendment complies with the rules of er, I have made a point of order be- amendment is that we take away 1 per- the House. The Department of Defense cause this is legislation on an appro- cent until they could pass an inde- Inspector General is required by the priations bill, and it violates clause 2, pendent audit. Chief Financial Officers Act of 1990 to rule XXI. I understand the rule is that an amendment to a general appropria- b 1215 perform audits. There can be no dis- pute about that. tion bill shall not be in order if it POINT OF ORDER changes existing law. Mr. LEWIS of California. Mr. Chair- This law requires the Inspector Gen- Further, Mr. Chairman, it is my un- man, because this is legislation on an eral to report its findings to Congress. derstanding that expressing an opinion appropriations bill, and just as impor- It cannot be disputed. The Comptroller is not required under the CFO act. tantly, because we did not have the General of the United States sets ac- I ask for a ruling of the Chair. courtesy of seeing it before the case, I counting standards for the United The CHAIRMAN. The Chair is pre- must object to the amendment. States Government, absolutely true. pared to rule on the point of order. The CHAIRMAN. The gentleman in- These standards are required to be fol- The gentleman from California (Mr. sists on his point of order? lowed by the Inspector General in the LEWIS) makes a point of order that the Mr. LEWIS of California. I insist on Chief Financial Officers Act of 1990. amendment changes existing law in my point of order, Mr. Chairman. Mr. Chairman, I have just stated violation of clause 2 of rule XXI. The Mr. KUCINICH. Mr. Chairman, would chapter and verse why this amendment gentleman from Ohio (Mr. KUCINICH) the gentleman please restate his point is in order. It is not legislating on an has the burden to show that the of order? appropriation bill. Anyone familiar amendment does not change existing Mr. LEWIS of California. I object on with these laws, with the Inspector law. the ground that this is legislation on General act, with the Chief Financial In the opinion of the Chair, the gen- an appropriations bill; and because of Officers Act, with the comptroller gen- tleman has failed to meet his burden as that, it is subject to a point of order, I eral’s responsibilities for setting ac- to showing that, under law, the Inspec- believe, and I place that point of order counting standards, and with the tor General is required to express an and I object. standards required to be followed by opinion on the financial statements, The CHAIRMAN. Does the gentleman the IG and the chief financial officer beyond the general auditing require- from Ohio (Mr. KUCINICH) wish to be knows that we certainly are in a posi- ment in 31 U.S.C. 3521(e). heard on the point of order? tion of being able to offer this amend- The point of order is sustained. Mr. KUCINICH. I certainly do. ment and to call on a vote on it. Are there any further amendments?

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

VerDate jun 06 2002 05:47 Jun 28, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 8633 E:\CR\FM\K27JN7.056 pfrm15 PsN: H27PT1 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, THURSDAY, JUNE 27, 2002 No. 88 Senate The Senate met at 9:31 a.m. and was and music of the Fourth of July cele- THANKING THE CHAPLAIN called to order by the President pro bration sounding in our souls. We pray Mr. DASCHLE. Mr. President, I know tempore [Mr. BYRD]. together today, remembering the first I speak for all of our colleagues in The PRESIDENT pro tempore. The prayer of dependence prayed for the thanking Chaplain Ogilvie for his won- prayer to Almighty God, the supreme delegates to the Continental Congress derful prayer this morning. He spoke Judge of the world, will be led by the in 1774 that eventually led to the Dec- for all of us. We are one nation under Senate Chaplain, the Rev. Dr. Lloyd J. laration of Independence in 1776. God, and we reaffirm that today as Ogilvie. Dr. Ogilvie, please. Now before the fireworks begin, work Americans—not as Republicans or as in us the fire of that same dependence PRAYER Democrats—and we do so proudly. on You that has been the secret of The Chaplain, Dr. Lloyd John truly great leaders throughout our his- f Ogilvie, offered the following prayer: tory. We pray for the women and men SCHEDULE Almighty God, Creator, Sustainer of this Senate. Enlarge their hearts Mr. DASCHLE. Mr. President, there and Providential source of all our until they are big enough to contain will be a vote on cloture at 10:30 this blessings. We praise you for the free- the gift of Your Spirit; expand their morning. The time between now and dom of religion in America guaranteed minds until they are capable of think- then will be divided equally between by the Bill of Rights and the Constitu- ing Your thoughts; deepen their mu- the Republican leader or his designee, tion. There is no separation between tual trust so that they can work har- who will have the first half of the time, God and State. With gratitude we de- moniously for what is best for this Na- and the Democratic leader or his des- clare our motto ‘‘In God we trust.’’ tion. You know all the legislation to be Though that trust may be expressed in ignee for the second half. Senators debated and voted on before recess. different religions, we do proclaim You should be aware that within the next 50 Grant the Senators an unprecedented as ultimate Sovereign of our Nation. minutes, we will have a cloture vote, dependence on You, an unreserved de- Our Founders declared their trust in and we will proceed in an effort to try sire to seek Your will, and an unlim- You and in each stage of our develop- to complete work on the Defense bill ited supply of Your supernatural ment You have guided us through peril today. strength. and prosperity, peace and war. Thank I yield the floor. With renewed dependence on You and You for Your faithfulness to respond to renewed interdependence on one an- f our confession of trust in You. It is with reverence that in a moment other as fellow patriots, help us to be RESERVATION OF LEADER TIME willing, in the spirit of our Founders, we will repeat the words of commit- The PRESIDENT pro tempore. Under ment to trust You which are part of to stake our reliance on You and pledge our lives, fortunes, and sacred the previous order, the leadership time our Pledge of Allegiance to our flag: is reserved. ‘‘One Nation under God, indivisible.’’ honor for the next stage of Your strat- Help us to savor these words this egy for America: God bless America! f Amen. morning. May we never lose a profound MORNING BUSINESS sense of awe and wonder over the privi- f lege You have given us to live in this The PRESIDENT pro tempore. Under religiously free land. Renew our sense PLEDGE OF ALLEGIANCE the previous order, there will now be a period for the transaction of morning of accountability to You, and never The PRESIDENT pro tempore [Mr. take for granted the freedom we enjoy business not to extend beyond the hour BYRD] led the Pledge of Allegiance, as of 10:30 a.m., with Senators permitted or the accountability we have to You. follows: As we declare our convictions in the to speak therein for up to 10 minutes Pledge, we affirm that patriotism is an I pledge allegiance to the Flag of the each. The first half of the time shall be United States of America, and to the Repub- essential expression of our trust in under the control of the Republican lic for which it stands, one nation under God, leader or his designee; the second half You. indivisible, with liberty and justice for all. Specifically for today and its press- of the time shall be under the control ing agenda and challenges we affirm we f of the majority leader or his designee. are one Senate united under You to Who seeks recognition? lead a nation that is free to say con- RECOGNITION OF THE MAJORITY Mr. NICKLES. Mr. President, I sug- fidently, ‘‘In God We Trust.’’ LEADER gest the absence of a quorum. God our Sovereign, we continue the The PRESIDENT pro tempore. The The PRESIDENT pro tempore. The work of this busy week with the words majority leader is recognized. clerk will call the roll.

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

S6177

.

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6178 CONGRESSIONAL RECORD — SENATE June 27, 2002 The legislative clerk proceeded to When the Congress decides to help Mrs. HUTCHISON. I suggest the ab- call the roll. areas affected by hurricanes and fires, sence of a quorum. Mr. WELLSTONE. Mr. President, I we do not tell people to pull their The PRESIDING OFFICER. The ask unanimous consent that the order emergency assistance out of somebody clerk will call the roll. for the quorum call be rescinded. else’s highway fund. The legislative clerk proceeded to The PRESIDING OFFICER (Mr. Sometimes the Federal Government call the roll. REED). Without objection, it is so or- needs to be there for people, and this is Mrs. HUTCHISON. Mr. President, I dered. one of those cases. I will be visiting ask unanimous consent that the order The Senator from Minnesota should northwest Minnesota again this week for the quorum call be rescinded. be aware that the time is presently on Saturday afternoon. It is very im- The PRESIDING OFFICER. Without controlled by the Republican leader. portant that the administration pro- objection, it is so ordered. The Senator from Texas. vide this much needed assistance. I do Mrs. HUTCHISON. Mr. President, I Mrs. HUTCHISON. Mr. President, I not think as a Senator, in the almost ask unanimous consent it be in order ask the Senator from Minnesota how 12 years I have been in the Senate, I for me to call up amendment No. 3928 long he is intending to speak? have ever voted against disaster relief to the Defense authorization bill. Mr. WELLSTONE. I say to my col- for any part of the country, because, Mr. REID. Reserving the right to ob- league from Texas, probably about 3 again, I think this goes to the essence ject, I have no objection for calling the minutes. I want to talk about disaster of who we are as a community. Nobody bill up as long as the amendment will assistance in Minnesota. asked for the flooding. Nobody asked be withdrawn subsequently. Mrs. HUTCHISON. Mr. President, I for 2 million acres of farmland, 70 per- Mrs. HUTCHISON. That is correct. ask unanimous consent that the Sen- cent of it, to be destroyed. Nobody asks The PRESIDING OFFICER. Without ator from Minnesota be allowed to for hurricanes or tornados. Nobody objection, it is so ordered. speak for approximately 3 to 4 minutes, asked for the drought. It is ‘‘there but f after which I ask unanimous consent to for the grace of God go I.’’ We come to- NATIONAL DEFENSE AUTHORIZA- be recognized. gether as a community and we provide TION ACT FOR FISCAL YEAR The PRESIDING OFFICER. Without the help for people. That is what dis- 2003—Resumed objection, it is so ordered. aster relief is about. FLOODS IN MINNESOTA I come to the floor to call on the ad- The PRESIDING OFFICER. The Mr. WELLSTONE. Mr. President, as ministration to change their mind and clerk will report the bill by title. any number of my colleagues may have to make a commitment to providing The legislative clerk read as follows: noted, if they have been watching CNN, this assistance. We had it in the farm A bill (S. 2514) to authorize appropriations northwest Minnesota in the last 3 bill in the Senate. It was taken out in for fiscal year 2003 for military activities of conference committee for 2001. Now we the Department of Defense, for military con- weeks has been deluged by heavy rain- struction, and for defense activities of the fall causing disasters in 13 north- are talking about even more damage Department of Energy, to prescribe per- western Minnesota counties. We have for 2002. sonnel strengths for such fiscal year for the had massive flooding. There is no more important issue for Armed Forces, and for other purposes. Earlier this week, the President the State of Minnesota than to get the AMENDMENT NO. 3928 help for these farmers. Otherwise, they rightly declared these counties disaster The PRESIDING OFFICER (Mr. MIL- will not be there. It will be all over. I areas, which will bring much needed LER). The clerk will report the amend- FEMA assistance to individuals and appeal to the White House: Please ment. businesses. More help is needed, and change your mind on this matter. We The legislative clerk read as follows: need the help in Minnesota. There will the Minnesota Farm Service Agency The Senator from Texas [Mrs. HUTCHISON], has estimated that we have 2 million be other States that will need the as- for herself, Mr. BINGAMAN, Mr. LOTT, Mr. acres in northwest Minnesota that are sistance, as well. STEVENS, Mr. INOUYE, Mr. BUNNING, Mrs. affected by the flooding, and the losses I yield the floor. FEINSTEIN, Mr. CRAIG, Ms. COLLINS, Mr. are expected to be about 70 percent. f SHELBY, Mr. SMITH of New Hampshire, Mr. BOND, Mr. DOMENICI, Mr. BAYH, Mr. NELSON Most of the producers have carried crop ORDER OF BUSINESS insurance, but the crop insurance can- of Nebraska, Mr. BURNS, and Ms. SNOWE, pro- The PRESIDING OFFICER. Under poses amendment No. 3928. not come close to compensating for the previous order, the Senator from these losses. What I am worried about Mrs. HUTCHISON. I ask unanimous Texas is recognized. is FEMA can help us with public infra- consent reading of the amendment be Mr. WARNER. Mr. President, the dispensed. structure and SBA can help some of Senator from Texas has an important our small businesses, but we need dis- The PRESIDING OFFICER. Without measure, which I have reviewed. Given objection, it is so ordered. aster relief for our farmers. Without the current status of the bill, it is disaster relief, there is no future for The amendment is as follows: questionable whether it can be brought (Purpose: To specify additional selection cri- them at all. up on the bill. The Senator is anxious The President and the administra- teria for the 2005 round of defense base clo- to speak about it. I suggest the Sen- sures and realignments under the Defense tion are saying that there will not be ator send the amendment to the desk Base Closure and Realignment Act of 1990) any more disaster relief money and and leave it there, making it part of At the end of subtitle B of title XXVIII, that whatever assistance goes to these the RECORD as a colloquy. add the following: farmers has to come from the farm bill. Mrs. HUTCHISON. Mr. President, I SEC. 2814. ADDITIONAL SELECTION CRITERIA In other words, money has to be taken ask unanimous consent the amendment FOR 2005 ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT. from other farmers, taken from corn be brought up, and I will speak on it, growers, wheat growers, soybean grow- (a) ADDITIONAL SELECTION CRITERIA.—Sec- after which I will withdraw the amend- tion 2913 of the Defense Base Closure and Re- ers. The President and the administra- ment. tion are saying that our farmers can- alignment Act of 1990 (part A of title XXIX The PRESIDING OFFICER. The Sen- of Public Law 101–510; 10 U.S.C. 2687 note) is not expect any relief until the year ate is not currently on the bill. The amended— 2008, no matter what. That is not going Senate is in a period of morning busi- (1) by redesignating subsections (d), (e), to work for northwestern Minnesota. ness. and (f) as subsections (e), (f), and (g), respec- The farm bill which we passed is not Mr. WARNER. At some point it may tively; and a disaster assistance bill. It is a bill to be reviewed in committee or by the (2) by inserting after subsection (c) the fol- stabilize farm income. It is a bill about Senate, but it is important to be part lowing new subsection (d): ‘‘(d) ADDITIONAL CONSIDERATIONS.—The se- the rural economies, but it is not about of the RECORD. disaster relief. Disaster relief is all lection criteria for military installations Mrs. HUTCHISON. When does morn- shall also address the following: about ‘‘there but the grace of God go ing business end? ‘‘(1) Force structure and mission require- I’’—fire in Arizona, drought in South Mr. REID. After the cloture vote. ments through 2020, as specified by the docu- Dakota, flooding in northwest Min- The PRESIDING OFFICER. Morning ment entitled ‘Joint Vision 2020’ issued by nesota. business is scheduled to end at 10:30. the Joint Chiefs of Staff, including—

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 27, 2002 CONGRESSIONAL RECORD — SENATE S6179 ‘‘(A) mobilization requirements; and criteria for the 2005 BRAC Commission, tion wherever our troops are in the ‘‘(B) requirements for utilization of facili- that the military and the department field, and it should be an additional cri- ties by the Department of Defense and by must follow when evaluating the Na- terion for any enduring installation. other departments and agencies of the Lessons learned from previous rounds United States, including— tion’s military infrastructure. The ‘‘(i) joint use by two or more Armed amendment would also make the proc- of closures include the disparities be- Forces; and ess more transparent. tween anticipated and actual savings is ‘‘(ii) use by one or more reserve compo- I want to be clear that by offering another suggested criterion—who could nents. this amendment, I do not intend to re- oppose this commonsense suggestion? ‘‘(2) The availability and condition of fa- visit the debate we had last year. While Of course, there are bases overseas as cilities, land, and associated airspace, in- this Chamber remains sharply divided well as those in America that are af- cluding— over the merits of another round of fected by the base-closing commission, ‘‘(A) proximity to mobilization points, in- so the criteria in this amendment are cluding points of embarkation for air or rail base closures, we can certainly agree a transportation and ports; and round of closures riddled with mistakes in no way exhaustive or restrictive. ‘‘(B) current, planned, and programmed could be more costly than no closures The Commission may consider any military construction. at all. other criteria it considers appropriate. ‘‘(3) Considerations regarding ranges and In fiscal year 2002, the National De- But it is an attempt to enumerate a airspace, including— fense Authorization Act unleashed a minimum number of criteria that ‘‘(A) uniqueness; and powerful bureaucratic process when it would have to be addressed by the ‘‘(B) existing or potential physical, electro- authorized another round of closures in Commission when they are making magnetic, or other encroachment. ‘‘(4) Force protection. 2005. The Pentagon has often said that their very important decisions poten- ‘‘(5) Costs and effects of relocating critical there are 20 to 25 percent excess mili- tially closing as many as 100 military infrastructure, including— tary structures and that nine members installations. ‘‘(A) military construction costs at receiv- of the commission may well rec- In addition to sharpening focus, this ing military installations and facilities; ommend the closure of as many as 100 amendment would also increase trans- ‘‘(B) environmental costs, including costs military installations in this Nation. parency. It requires the formula to be of compliance with Federal and State envi- Those are not decisions to be taken used in assigning weight to the various ronmental laws; criteria to be published in the Federal ‘‘(C) termination costs and other liabilities lightly. We have seen from the Vieques associated with existing contracts or agree- fiasco that once a national asset like a Register. By permitting greater insight ments involving outsourcing or privatization training range is closed, it cannot be into the workings of the Commission, of services, housing, or facilities used by the replaced. we can reduce some of the anxiety Department; We have also seen past commissions communities will experience as we ‘‘(D) effects on co-located entities of the commit costly blunders. In 1995, the near 2005. Greater transparency will Department; commission recommended the closure also help us limit the number of poten- ‘‘(E) effects on co-located Federal agencies; of Reese Air Force Base in Lubbock, tial and very costly mistakes. ‘‘(F) costs of transfers and relocations of TX. The Air Force said it had surplus We will place a tremendous amount civilian personnel, and other workforce con- siderations. undergraduate training capacity. Only of trust in the nine members of the ‘‘(6) Homeland security requirements. a few years later, the Air Force re- Commission. Their decisions will im- ‘‘(7) State or local support for a continued ported it was nearly 2,000 pilots short pact hundreds of communities across presence by the Department, including— of its authorized end strength. At great our Nation. It is entirely reasonable to ‘‘(A) current or potential public or private expense to the taxpayer, the Air Force demand a degree of transparency into partnerships in support of Department ac- responded by standing up Moody Air the process. tivities; and Force Base. In a recent letter, the general coun- ‘‘(B) the capacity of States and localities In 1995, Fort Buchanan, Puerto Rico sel of the Department of Defense wrote to respond positively to economic effects and to express the Department’s opposition other effects. was realigned, and all of its housing ‘‘(8) Applicable lessons from previous was conveyed to the community. Two to this amendment. The counsel justi- rounds of defense base closure and realign- years later, U.S. Army South was relo- fies the Department’s opposition by ar- ment, including disparities between antici- cated there from Panama. The Sec- guing that the proposed criteria ‘‘are pated savings and actual savings. retary was forced to come back to Con- redundant to existing provisions,’’ and ‘‘(9) Anticipated savings and other bene- gress to seek permission to rescind the ‘‘the proposed requirement to weight fits, including— housing conveyance. the selection criteria is unnecessary.’’ ‘‘(A) enhancement of capabilities through In 1995, Fort Greeley, AK, was re- As an example of this alleged redun- improved use of remaining infrastructure; aligned, its tenants relocated, and the dancy, the counsel points out that our and ‘‘(B) the capacity to relocate units and housing area was relinquished. Five amendment requires that the selection other assets. years later, the decision was made to process address ‘‘force structure and ‘‘(10) Any other considerations that the utilize Greeley as the critical test bed mission requirements through 2020,’’ Secretary of Defense determines appro- for our emerging national missile de- and that the current law also requires priate.’’. fense system. the Secretary of Defense to develop a (b) WEIGHTING OF CRITERIA FOR TRANS- As we can see, even in peacetime, force structure plan based on, among PARENCY PURPOSES.—Subsection (a) of such correctly forecasting requirements, other factors, an assessment of the section 2913 is amended— (1) by redesignating paragraph (2) as para- even just a few years into the future, is probable threats to national security graph (3); and nearly impossible. through 2025. (2) by inserting after paragraph (1) the fol- The authorization bill already directs This is true. However, the general lowing new paragraph (2): the commissioners to consider a hand- counsel fails to mention that the cur- ‘‘(2) WEIGHTING OF CRITERIA.—At the same ful of very broad criteria when evalu- rent law requires the Secretary of De- time the Secretary publishes the proposed ating our military infrastructure. But fense to submit the plan in support of criteria under paragraph (1), the Secretary in an era where the meaning of com- the Department’s fiscal year 2005 budg- shall publish in the Federal Register the for- monly understood words is a matter of et. That budget will not be submitted mula proposed to be used by the Secretary in to Congress until February or March of assigning weight to the various proposed cri- debate, specificity is everything. teria in making recommendations for the The amendment goes one step fur- 2004, months after the December 31, closure or realignment of military installa- ther. The Commissioners are author- 2003 deadline for publishing the pro- tions inside the United States under this ized to consider additional criteria, posed criteria for base closing in the part in 2005.’’. many not included in last year’s au- Federal Register. Without our amend- Mrs. HUTCHISON. Mr. President, I thorization bill. One of these is force ment, the criteria will be established rise today to speak in support of an protection. The threat posed by terror- before the Secretary has reported his amendment that 16 of my colleagues on ists to our forces has been dem- assessment of our long-term threat, both sides of the aisle have cospon- onstrated too vividly to leave this out. the necessary force structure, and sored. The amendment is very straight- Look at Khobar Towers, look at the hence the most appropriate infrastruc- forward. It is to improve the minimum USS Cole. We must have force protec- ture needs of the military.

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6180 CONGRESSIONAL RECORD — SENATE June 27, 2002 Members of this administration have member, and we are paying costs that be acting in the House of Representa- said on previous occasions that doing a were never envisioned by the 1995 base- tives on a plan that, with all due re- BRAC before our future force structure closing commission. spect, I believe and many colleague be- has been determined is like getting the I am going to withdraw my amend- lieve, just isn’t good enough. We have cart before the horse. ment because I do think the Depart- the opportunity to do the right thing The general counsel also contended ment of Defense has other concerns to make a real difference to provide for in the letter that the amendment’s re- that are clearly taking priority at this a Medicare prescription drug plan that quirements that the criteria be weight- time, and I understand that. But I am will pay for the majority of the bill for ed is unnecessary because the current going to keep this amendment alive for the average senior, and also lower law: the future because I believe the Depart- prices for everyone. . . . requires the Secretary of Defense to en- ment needs to come forth with weight- I want to share with colleagues today sure that military value is the primary con- ed criteria, with a clear 20-year strat- results from a study that was done by sideration. . . . egy before they set the criteria for base Families U.S.A. and released on Mon- True. Our legislation would not closings. day that tracks the rising prices of pre- change this. The real question is, Ex- We need to know what the war on scription drugs. It continues to be as- actly how will the Department meas- terrorism is going to entail over the tounding. They have indicated that ure military value? Clearly, there are next 20 years. How are we going to pro- over the 5-year period—from January many factors that comprise this meas- tect our troops wherever they may be? 1997 to January of this year—the prices urement. The current law contains at How are we going to make sure we of the prescription drugs most fre- least five components of military have the training capability that we quently used by older Americans rose, value. Is it unreasonable to ask which thought we had at Vieques, but then all on average, 27.6 percent—way above of these is the more important? They of a sudden people protested and we the rate of inflation. can’t all be of equal value. At some withdrew? So now we do not have a No wonder our seniors are having to point the Commission will rank them, good live-firing training range for the choose between food and paying the giving each criterion a different rel- Navy to substitute. electric bill and getting their medicine. ative weight. All we are seeking is in- How could we possibly go forward in No wonder our small business commu- sight into the process. Without knowl- 2005 without this information? nity is seeing premiums rise by 30 or 40 edge of how the Commission weights I urge the Department of Defense to percent. The Big Three automakers in the criteria, we will once again be left, work with me to come up with clear, my State are struggling with the huge as we have seen in past BRACs, with a weighted criteria prior to the 2005 price increases for health insurance. secretive process in which the nine round of base closings. We are seeing an explosion of prices members of the Commission go into a I withdraw the amendment and yield for prescription drugs which is abso- room with a list of bases and then re- the floor. lutely not sustainable, and it is abso- appear with a final list of closures. The PRESIDING OFFICER. The lutely not justified. There is no public insight into the amendment is withdrawn. Let me read from two of the many Commission’s rationale at this point. The time is controlled by the major- examples that were given by Families Our legislation would require that ity leader or his designee. U.S.A. Premarin, an estrogen replace- the relative weighting be published, Mr. WARNER. Mr. President, I just ment drug, rose 17.5 percent—nearly and thus provide the public with a wished 2 minutes for comment. seven times the rate of inflation. greater understanding of the process. Mr. REID. I have a problem. We have Lipitor, which we hear so much about, I think the general counsel’s re- a lot of time after the cloture vote. a cholesterol-lowering drug, rose 13.5 sponse shows a level of misunder- Senator STABENOW has about 30 min- percent—more than five times the rate standing of the concern that people utes of material to jam into 20 min- of inflation. have about base closings. This has been utes, so I think we should start with That is astounding when we look at a secretive process in the past, one in that. the fact that the taxpayers of America which there has been no necessity to The PRESIDING OFFICER. The Sen- underwrite basic research; we provide reveal the rationale and the Commis- ator from Michigan is recognized. tax incentives, tax credits, and tax de- sion has not. f ductions so the drug companies can I do not doubt the Department will write off the cost of research. We give PRESCRIPTION DRUG PRICES eventually start looking at these cri- them patents so they do not have com- teria more carefully. I certainly hope, Ms. STABENOW. Mr. President, I petition for up to 20 years in order to before we go into this 2005 round, which rise this morning to speak about an in- recover their costs. Then we see the will probably be the last round of base credibly important subject that affects highest prices in the world being paid closures, that the Department will re- every senior, every family, every work- by our seniors—being paid by everyone port on what our 20-year strategy is er, every business owner in our coun- in the United States. This explosion in going to be, what our necessary force try. This is something we have been prices makes no sense. strength will be, and what our training talking about for a long time but we I am so pleased, as we come to this infrastructure requirements will be. are now poised to act. I want to com- debate in the Senate, that out of the Today we don’t know that. We could mend our Senate majority leader, Sen- debate we will include not only a Medi- not know that today for 2020. The De- ator DASCHLE, for understanding the care prescription drug benefit, which is partment has not put that forward. critical nature of prescription drug authored by the Presiding Officer, as Clearly the Department has been focus- prices for our seniors, for our families, well as Senator GRAHAM of Florida, ing on the war on terrorism, as they for our businesses in the country, and Senator KENNEDY, and many of us who should. But to go into the next round for scheduling this debate in July, an join together to provide real coverage of base closings, we must determine important time in the midst of so and real help for seniors, but we also what our threats are going to be for 20 many issues that we know are pressing. intend to tackle the pricing issue. years and assess just how much it is He understands—and I appreciate that One of the things I found astounding going to cost to close a base or how our leadership understands—the crit- in this study is the fact that up to 10 much it would cost if we need to reopen ical nature of our seniors having to top generic drugs—in other words, it. struggle to get their prescription drugs unadvertised brands that are equiva- It is clear that did not happen in all every day and the gigantic rising costs lent to the advertised brands, but they cases during the 1995 round. Costs con- for our business community. The fact just don’t cost as much—of the 10 ge- tinue to be much more than were esti- is that workers have to negotiate pay neric drugs, 9 did not increase in price mated by the Commission. freezes in order to have the health care at all last year. Nine out of ten of the The environmental cleanup is still they need. generic drugs looked at did not in- costing us hundreds of millions of dol- This is an issue that affects every- crease at all. On the other hand, by lars in the Military Construction Sub- body. We have the opportunity to act contrast, only 3 of the 40 brand-named committee, where I am the ranking in the Senate. There are those who will drugs did not increase last year.

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 27, 2002 CONGRESSIONAL RECORD — SENATE S6181 I have talked about the fact that in This is happening all across our Medicare in 1965, it was an enormous our plan we provide incentives and en- country. step forward. I will tell you, for my courage the use of unadvertised brands. We (the family and grandparents included) mom and dad, who are no longer alive, We will be offering important amend- were devastated. What would they do? How it made all the difference in the world. ments to close loopholes which allow could they then survive? It meant there would be coverage for brand-name companies to stop the ge- What would they do? them. neric companies from going on the Since March 31, my grandparents have This was a Government program market to compete with lower prices. been faced with exorbitant medical prescrip- that, really, I put in the same category These are very important issues. tion costs. Their finances absorbed by the as Social Security. It was an enormous We have two goals in the Senate: To cost of medical and prescription costs, now step forward, not just for senior citi- provide a real Medicare prescription average nearly $900 per month for prescrip- zens but made our country better. It drug benefit, and at the same time to tion costs alone, with an income of about made us a better country. $1,300 per month. lower prices for everyone. What we want to do on the Senate We want to open the border to Can- Nine hundred dollars a month. That side is extend prescription drugs as a ada so we can get prescription drugs at is hard to fathom—somebody retired part of Medicare. On the House side, lower prices. We want to provide other coming up with $900 a month. basically what they are saying is, there opportunities, such as tackling exorbi- This way of living is terrorizing sen- is no guarantee of any benefit. But tant costs of advertising that cause iors, disabled persons, and their fami- what they do say is, seniors will be en- these prescription drugs to rise so lies. This movement to expand Medi- titled to some sort of coverage through quickly. care to include a description plan is the drug-only insurance plans or through What does this mean for real people? answer. But it also must be affordable Medicare HMOs. By the way, a number We know there is a real difference be- to all people of concern. of these private health insurance plans, tween the House and the Senate. The Lydell Howard, I couldn’t agree I say to my colleagues from Ohio and House plan will cover about 15 to 20 more. That is what this is all about— Michigan, are telling me they are not percent of the average bill for an aver- providing real medical help, and real going to provide the coverage for them age senior. We are looking at covering Medicare help for prescriptions for because it will not work for them. The 70 to 80 percent—a huge difference. your grandparents, and making sure only people it will work for are people What does that mean to the average prescriptions are affordable to every- who will not need it, and they will not senior? one. have a large enough pool, so it will not I have set up a Prescription Drug I will say, as I have said so many be profitable. People’s Lobby in Michigan where we times before, that we know this is an But on the House side, apparently ask people to come to my Web site. uphill battle. There are six drug com- Republicans have said they do not They can log onto my Web site by log- pany lobbyists for every Member of the want to extend this on to Medicare, in ging onto Senator DEBBIE STABENOW, Senate. People have to be involved and which case, really, they are interested and they can find out what we are have their voices heard in order for us in going down the road of privatizing doing to lower prices and to provide to be successful. Medicare. We are not. Medicare prescription drug coverage. I I will conclude by once again encour- The second point is a real important have asked people to share their stories aging people to join us by going to one. If you are going to have prescrip- and their struggles. I want to share two fairdrugprices.org, and sign a petition tion drug coverage that works for peo- of those today. calling on Congress to act—get in- ple, you have to keep the copays or Shawn Somerville from Ypsilanti, volved and share your stories with us. deductibles sufficiently low and pre- MI, is a granddaughter who is express- I now yield to my colleague from miums sufficiently low so they can af- ing great concern for her grandmother. Minnesota, who has been such a cham- ford it. And it has to provide real cata- She said: pion and a voice for people on this strophic coverage. That is what people issue and so many others. I know he is Just this last Christmas, my grandmother worry about the most. was hospitalized because she stopped taking standing up every day on behalf of our On the House side, you have this pe- her prescription so she could afford Christ- seniors and our families to lower pre- culiar feature of between $2,000 and mas presents for all of us grandkids. She scription drug prices. $3,700 there is no coverage. While peo- later died from an undiagnosed ulcer. It was The PRESIDING OFFICER. The Sen- ple continue to pay premiums, they do very sad to me that these drugs are so expen- ator from Minnesota. not get any coverage. I think probably sive. Mr. WELLSTONE. Mr. President, I close to half of the senior citizens in Do they need to be? would like to not rush through this. We this country actually are paying more Do they need to be? No, Shawn. They only have 10 minutes. I will use 5 min- than the $2,000 in expenses for prescrip- do not need to be. utes and then yield 5 minutes to my tion drugs; and they do not get any We don’t need another grandma colleague from Florida, who has been coverage whatsoever in the House plan. choosing not taking her medicine this such a leader on this issue, along with It does not make a whole lot of sense. Christmas so she can buy Christmas the Presiding Officer. Listen, I could go This is truly one of those examples presents for her grandchildren. This is through this for hours. I don’t know where the Devil is in the details. the United States of America. We can how to do this in 5 minutes, but let me I guarantee you, when senior citi- do better. It is shameful that we have try. zens—and it is not just about senior not done better. We intend in the Sen- I thank the Senator from Michigan. I citizens; it is their children and their ate to come forward with a plan that think people get a whole lot more faith families; we are all in this together— will do better. in politics and then people in politics see there isn’t any coverage, people are I have been getting e-mail from the when they not only campaign and say going to say: What is this about? This Prescription Drug People’s Lobby from they are going to do something but, does not meet our needs. around the country. I will share one once in the Senate, they make this The third issue which is important to more before turning to my colleague their passion and their goal. I say to me is that the House plan says we want from Minnesota, who has been such a the Senator from Michigan, you have to make sure that low-income seniors— leader on this issue. done that. Every single day you have the profile is not very high; it is not This is from Lydell Howard from been focused on prescription drug cov- true the majority of senior citizens are Inglewood, CA. She wrote: erage for people. I thank you for that. ‘‘greedy geezers’’ playing all the swank My grandfather, Esco Howard, a 75-year- The House has a plan, and I simply golf courses around the country—prob- old retired LTV Steel worker recently expe- have to point out to the Senate that I ably a full 75 percent have incomes rienced what we thought to be impossible. do not see it as a great step forward. I below $30,000 or $35,000 a year. He and his spouse in March 2002 were sent a For low-income seniors, the House letter to advise them that they would no see it as a great leap sideways. I think longer be covered by a medical plan as pro- people will come to see it the same says, of course we would not have peo- vided by LTV Steel, as of March 31, 2002. This way. People in Minnesota will. ple paying, that it would be coverage was due to the financial constraints of the There are a number of problems. Part they could afford, it would be free cov- company. of it is ideological. When we passed erage, except then they have an assets

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6182 CONGRESSIONAL RECORD — SENATE June 27, 2002 test so that if you have a savings ac- income of $13,000 or less per year. Of I ask unanimous consent for an addi- count of more than $2,000, or you have that 10 million, 5.5 million have no pre- tional 5 minutes to complete my re- a car that is worth $4,500, or you have scription drug coverage because they marks. a burial plot worth more than $1,500, do not qualify for Medicaid. Mr. REID. Objection. you would not necessarily be eligible These Americans face the tough The PRESIDING OFFICER. Objec- for any help whatsoever. That strikes choices of deciding whether they can tion is heard. me as being stingy. To tell you the afford their prescription drugs. One ex- Mr. GRAHAM. Mr. President, I look truth, it defies common sense. We ample of this is Mrs. Olga Butler of a forward to an opportunity to continue ought not to be having this kind of beautiful community in central Flor- to outline the circumstances under stringent assets test when it comes to ida, Avon Park. which Olga would be disadvantaged if whether people can afford prescription Mrs. Butler receives a monthly So- the plan being considered in the House drugs. cial Security check of $672, which today were to improvidently be adopt- My final point—and I could spend a makes her barely over the income ed. limit for Medicaid coverage. This lot of time on this—I am a cosponsor of f the Senate bill. I think it is extremely means that the 67-year-old Olga has to CONCLUSION OF MORNING important. I thank both my colleagues. pay for her own medications, some- BUSINESS I would love to see us have some cost times having to make the choice containment. I think we should do it. I among food, rent, and her prescrip- The PRESIDING OFFICER. Morning could talk about three options, but tions. business is closed. with only 30 seconds, I am only going Olga is on Lipitor and clonidine for f her hypertension and high cholesterol. to talk about one, because I have been NATIONAL DEFENSE AUTHORIZA- working on it for several years. And so She pays $95 per month for Lipitor and $22 per month for clonidine. These pre- TION ACT FOR FISCAL YEAR 2003 have Senator STABENOW, Senator DOR- scription drugs not only improve the GAN, and Senator JEFFORDS. The PRESIDING OFFICER. Under I do believe at the very minimum we quality of Olga’s life, but they are help- the previous order, the Senate will now ought to allow our citizens to reimport ful in warding off a possible stroke or continue consideration of S. 2514 which these prescription drugs from Canada, heart attack, for which she is at great the clerk will report. according to all of the FDA safety risk. The legislative clerk read as follows: In addition to the personal devasta- guidelines. There is no reason in the A bill (S. 2514) to authorize appropriations tion of having a stroke or a heart at- world why our pharmacists, our whole- for fiscal year 2003 for the military activities tack, these would cause significant ad- salers, and our families cannot re- of the Department of Defense, for military ditional costs to the Medicare Pro- construction, and for defense activities of import drugs, where they can get a gram. the Department of Energy, to prescribe per- 30-, 40-, or 50-percent discount. There is An average hospitalization for a typ- sonnel strengths for such fiscal year for the no reason whatsoever. I grant you, the ical stroke patient costs Medicare Armed Forces, and for other purposes. pharmaceutical industry will not like $7,127.59. Physicians’ time, tests, and Mr. WARNER. Parliamentary in- this. consultations will add, on average, an- quiry: My understanding is the Senate But what we also have to do is make other $1,600 cost to Medicare. This is an now, by previous order, proceeds to the sure there is a way we can reduce the avoidable event. cloture vote; am I correct? costs. I think that would be a helpful If Olga can continue to take her The PRESIDING OFFICER. The Sen- addition to what I think is a very im- medications, chances are she will not ator is correct. portant piece of legislation. have a stroke, she will not have a heart CLOTURE MOTION I say to my colleagues, I think the attack, and, if she is fortunate, she will House bill is a nonstarter. I think it is The PRESIDING OFFICER. Under not need further hospitalizations, nurs- the previous order, the clerk will re- a great leap backwards. I think we ing facility care, and rehabilitation have a much stronger bill. I look for- port the motion to invoke cloture. services. This, of course, is expensive, The legislative clerk read as follows: ward to the debate. but it is also avoidable. I yield the floor. You might ask, why are you dis- CLOTURE MOTION The PRESIDING OFFICER. The Sen- cussing this issue of the poor, but We, the undersigned Senators, in accord- ator from Florida. above Medicaid eligibility, elderly? ance with the provisions of rule XXII, of the Standing Rules of the Senate, hereby move Mr. GRAHAM. Mr. President, first, I Don’t both competing prescription commend my two colleagues for their to bring to a close the debate on S. 2514, the drug plans that have been offered for Defense authorization bill: eloquent statements. I commend the Medicare offer similar benefits to Olga Harry Reid, Jon Corzine, Richard Durbin, Presiding Officer for his great leader- Butler? The answer is, not quite. Tom Harkin, Carl Levin, Mary Lan- ship on this effort to pass a prescrip- Under the House Republican plan, drieu, Tom Carper, Ben Nelson, Ron tion drug benefit this year. which I understand may be debated Wyden, Daniel Akaka, Debbie Stabe- The most fundamental reform for our today and where I know there are con- now, Evan Bayh, Maria Cantwell, Herb Nation’s Medicare Program is its siderable misgivings among Members Kohl, John Edwards, Jeff Bingaman, transformation from a program that on both sides of the aisle, maybe one of and Joseph Lieberman. has focused, since 1965, on dealing with the reasons for those misgivings is the The PRESIDING OFFICER. By unan- people’s needs after they were sick fact that, before Olga can receive any imous consent, the mandatory quorum enough to go to the doctor or the hos- help with her drug costs, she must pass call under the rule is waived. pital and to create a modern commit- an assets test. An assets test? The question is, Is it the sense of the ment to good health. For the first time in the history of Senate that debate on S. 2514, a bill to Access to medications is an abso- Medicare—for the first time since authorize appropriations for fiscal year lutely central part of that commitment 1965—we are about to impose an assets 2003 for military activities of the De- to good health. Access to medications test in order for a low-income Medicare partment of Defense, for military con- not only helps people live longer, beneficiary to be eligible for prescrip- struction, and for defense activities of happier, healthier lives, but it also will tion drug assistance. the Department of Energy, prescribe help Medicare save money. What does this mean to Olga Butler? personnel strengths for such fiscal year These truths are particularly impor- It means she must deplete her life’s for the Armed Forces, and for other tant to the most vulnerable of our el- savings to less than $4,000, sell off her purposes, shall be brought to a close? derly, those who are too well off to furniture and personal property that is The yeas and nays are required under qualify for Medicaid, the program for worth more than $2,000, get rid of her the rule. poor Americans, but are too poor to af- burial fund if it exceeds $1,500, and sell The clerk will call the roll. ford their medically necessary pre- her car, if it has a value of more than The legislative clerk called the roll. scription drugs. $4,500—all of these in order to qualify Mr. REID. I announce that the Sen- There are approximately 10 million for low income assistance under the in- ator from New York (Mr. SCHUMER) is older Americans living on an annual adequate Republican proposal. necessarily absent.

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 27, 2002 CONGRESSIONAL RECORD — SENATE S6183 Mr. NICKLES. I announce that the Vietnam brother, Senator MCCAIN, for this chart, as the size of our force Senator from North Carolina (Mr. joining me in offering an amendment structure has continually declined HELMS) is necessarily absent. that I think is critical to the future of since Vietnam, the number of contin- The yeas and nays resulted—yeas 98, our military forces and particularly gency deployments has continued to nays 0, as follows: critical to the future outcome of the grow with no end in sight. As a matter [Rollcall Vote No. 164 Leg.] war against catastrophic terrorism. of fact, we all read in the papers almost YEAS—98 That phrase ‘‘catastrophic terrorism,’’ daily where our military forces have been expanded in terms of commit- Akaka Dorgan Lugar I borrow from Senator Sam Nunn, who Allard Durbin McCain once occupied this seat in this august ments—to Yemen, Pakistan, the Phil- Allen Edwards McConnell body and whose opinion in terms of ippines, the Republic of Georgia, and so Baucus Ensign Mikulski military and defense matters I respect on. Bayh Enzi Miller tremendously. Since the end of Operation Desert Bennett Feingold Murkowski Storm in 1991, the armed forces have Biden Feinstein Murray Today I introduce, along with Sen- Bingaman Fitzgerald Nelson (FL) ator MCCAIN, an amendment to the De- downsized by more than half a million Bond Frist Nelson (NE) fense authorization bill that begins to personnel. I do not think the American Boxer Graham Nickles address the concerns expressed by the people really understand we won Breaux Gramm Reed Brownback Grassley Desert Storm in 1991 with half a mil- Reid uniformed leadership of the Armed Bunning Gregg lion more people on active duty, Roberts forces and reinforced by visits to our Burns Hagel Rockefeller trained and ready to fight, than we Byrd Harkin soldiers, sailors, airmen, marines, and Santorum have now. We do not have those half a Campbell Hatch their families around the world. Sarbanes Cantwell Hollings President Franklin Roosevelt once million people, and our commitments Carnahan Hutchinson Sessions have continued to increase. Today, a Shelby said to the members of his generation— Carper Hutchison Desert-Storm size deployment to Iraq Chafee Inhofe Smith (NH) which includes my mother and father. Cleland Inouye Smith (OR) My father served at Pearl Harbor after would require 86 percent of the Army’s Clinton Jeffords Snowe the attack, so I grew up with the no- deployable end strength around the Cochran Johnson Specter world, including all stateside Stabenow tion that this Nation should respond Collins Kennedy deployable personnel, all overseas-de- Conrad Kerry Stevens wholeheartedly to an attack on itself— Corzine Kohl Thomas ‘‘To some generations, much is given. ployed personnel, and most forward- Craig Kyl Thompson From some generations much is re- stationed personnel. Crapo Landrieu Thurmond quired. This generation has a ren- Contrast that drop in personnel with Daschle Leahy Torricelli the dramatic rise in the number of de- Dayton Levin Voinovich dezvous with destiny.’’ I think this ployments for the same time frame. DeWine Lieberman Warner generation has our own rendezvous Wellstone The Army alone is deployed in over 100 Dodd Lincoln with destiny and that destiny is to win Domenici Lott Wyden countries, with over 10,000 troops in the war against catastrophic terrorism, Bosnia, Croatia and Hungary. NOT VOTING—2 to defend our homeland and to hang to- Helms Schumer Even more dramatic is the fact that gether as Americans while we are doing deployments have increased 300 percent The PRESIDING OFFICER. On this it. since 1989, and the fall of the Soviet Regarding our efforts militarily, I vote, the yeas are 98, the nays are 0. Union. The tempo of those deploy- support the President and our military Three-fifths of the Senators duly cho- ments has increased from one every sen and sworn having voted in the af- commanders 100 percent. However, I four years to one every 14 weeks. firmative, the motion is agreed to. also firmly believe we must increase That was prior to September 11. In The Senator from Nevada is recog- the numbers of our active duty mili- the war on terrorism, we now face a far nized. tary personnel if we are to be able to broader challenge and for a longer, un- Mr. REID. Mr. President, it is my un- fight the war on catastrophic terrorism specified duration. The Department of derstanding we are now postcloture on successfully. Our military is currently Defense has ordered new deployments the Defense authorization bill and winning the battle. But we will lose the in the last several months to Afghani- amendments that are germane can now war if we continue to ignore the fact stan, Yemen, the Philippines, Georgia, be offered; is that correct? that our forces are critically over-de- and Pakistan. To make this possible, The PRESIDING OFFICER. The Sen- ployed and being asked to do too much we have activated more than 80,000 ator is correct. with too little. guard and reserve troops and instituted The Senator from Georgia is recog- There is a Latin phrase which tells stop-loss for certain active and reserve nized. us, ‘‘If you wish for peace, prepare for component specialties. ‘‘Stop-loss’’ AMENDMENT NO. 4033 war.’’ The United States is increasing means you are not getting out of the Mr. CLELAND. I thank the Chair. I its resources to prepare to fight this military; we have a war on. That is call up amendment No. 4033. war. This Defense authorization bill what ‘‘stop-loss’’ means. The PRESIDING OFFICER. The represents the largest defense author- This is not a way to fight a war when clerk will report. ization bill in American history—$394 our strategic national interests are at The legislative clerk read as follows: billion. Additionally, we are dramati- stake. The President has rightly told cally increasing our intelligence capa- The Senator from Georgia [Mr. CLELAND], the country to be prepared for a long bilities, especially human intelligence. for himself and Mr. MCCAIN, proposes an war. That is highly appropriate. How- amendment numbered 4033. We are boosting the CIA with more ever, the Department of Defense re- money and people, while the FBI is cre- Mr. CLELAND. Mr. President, I ask quested only a modest increase, a little ating a super squad aimed at fighting unanimous consent that the reading of over 2,000 personnel, in Marine Corps terrorism around the globe. In the past the amendment be dispensed with. personnel this year. In the face of 2 weeks, the President requested Con- The PRESIDING OFFICER. Without mounting evidence that our people and gress create a Cabinet office of Home- objection, it is so ordered. their families are hurting from the land Security. The amendment is as follows: strain of this new war, there are no We are very fortunate to have a su- current plans by Department of De- (Purpose: To increase active duty end perb military force that is highly- fense to increase end-strength for strengths) skilled, highly-trained and highly-mo- American soldiers, sailors or airmen. On page 91, strike lines 1 through 4, and in- tivated. The Department of Defense may not sert the following: The problem is that they are also (1) The Army, 485,000. have plans to increase our end-strength (2) The Navy, 379,200. over-committed. Our forces are over- authorization, but I do, along with (3) The Marine Corps, 175,000. deployed and they won’t be able to do Senator MCCAIN and others. (4) The Air Force, 362,500. it much longer. We are out of balance, As the chairman of the Personnel with our commitments far outpacing Subcommittee of the Senate Armed Mr. CLELAND. Mr. President, I our troop levels, and the situation is Services Committee, I propose to au- thank my colleague and friend, my only getting worse. As can be seen on thorize an increase of 5,000 personnel

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6184 CONGRESSIONAL RECORD — SENATE June 27, 2002 for the Army, 3,500 for the Navy, 3,500 cluded in this bill, I will continue to Right now, many of these men and for the Air Force and 2,400 additional pursue this issue within this body. It is women who are being involuntarily ex- Marines as part of the fiscal year 2003 imperative that we continue to recog- tended believe they have performed the budget. This represents an increased nize that this is a long term problem function of a reservist, and that is to authorization of 12,000 personnel be- that must be addressed with long term be called up in time of an emergency. yond the administration’s request. plans in order to meet the commitment Their lives have been disrupted; they This initial increase begins to address our young service men and women de- are having to tell their families they the needs of the armed forces, the serve. do not know when they will be able to needs they themselves feel are crucial. Just a personal note: I have been on return to their homes, their families, During the past year, most of the the short end of a no-cost, guns and and their jobs. Remember, these re- senior uniformed leadership in Wash- butter policy before. It was called Viet- servists, the overwhelming majority of ington and around the globe have re- nam. I don’t want to hide the costs of them, have jobs and homes in their lated manpower concerns and the the war on catastrophic terrorism. I communities in which they live. Many strain it has created on their service don’t want to see this happen again. In of them are very far away from home either in testimony or in the media. It Vietnam, we had the men but not the on ships at sea and overseas in many is time to respond to their concerns. mission. The draft easily provided us places. Recently, two-regional combatant with the personnel we needed but never The reality is, as patriotic as these commanders testified that their forces answered the question of how to prop- men and women are, they are not going were stretched thin and inadequate to erly use the troops we were putting in to remain in the reserves if they are carry out their assigned missions if op- harm’s way. American soldiers paid the forced to remain involuntarily for an erations in the war on catastrophic ter- price. In the war on terrorism, we have extended period of time. ror continued at their current pace. I the mission, but we do not have the The Pentagon has been very reluc- see no sign the war is abating. I see people. American servicemen and tant to increase the end strength of the every sign it is escalating. In addition, women will pay the price again if we do military, which means that men and the Joint Chiefs of Staff have appar- not act. women who would be in active-duty ently cited manpower needs as one cri- Right now, our military is on a colli- forces would then take up these duties teria leading to a recommended delay sion course with the reality of families presently being performed by reserv- in any possible military action against they do not see, training they are not ists. The reason is pretty obvious. Iraq; a conclusion also reached during receiving and divisions borrowing from What it does is it increases costs rather a Pentagon computer-simulated exer- each other to meet requirements and dramatically. When you look at the cise this past Spring. survive. We can prevent tomorrow’s personnel costs associated with enlarg- This authorization process is inevi- losses, but we have to act today. We ing the size of the military, they have tably about setting priorities, and this must be on the strategic offensive a very significant budgetary impact. amendment addresses the crucial need against catastrophic terrorism with The Cleland amendment tries to in- of our most important resource and enough people and resources to make crease end strength because we know highest priority, the men and women the terrorist lose. I support the Defense we are in a protracted war, we are in a who serve in our armed forces. Department’s internal look at reallo- war that will not end soon, and it will In addition to this needed increase in cating spaces to the warfighting units. require an increased number of per- authorized end-strength for the next This however, should be complimen- sonnel in the military. Senator fiscal year, I had hoped to offer a sense tary to a plan to provide the most crit- CLELAND’s amendment is rather sim- of the Senate resolution that would ical weapon in our arsenal—American ple. It increases the allowed end demonstrate the commitment of this service men and women. I respectfully strength—in other words, to the body to the continuing need to address request that my distinguished col- layperson, this is the allowed number authorized end-strength levels as we leagues join me in supporting our men of men and women in the military. It fight this war on terror and simulta- and women in uniform by providing gives significant flexibility to the Sec- neously meet this Nation’s military them what they need to fight and win retary of Defense and the administra- commitments around the globe. How- this war on terrorism and meet our tion. ever, this resolution was ruled non- commitments abroad at the same time. But we need to send a signal to all of germaine and cloture prevents its of- I yield the floor. the military that we are willing to in- fering. This does not negate the fact Mr. REID. I suggest the absence of a crease the size and strength of the that there is a need for almost 26,000 quorum. military to whatever degree is nec- additional personnel over a 5-year pe- The PRESIDING OFFICER. The essary to successfully prosecute the riod to meet the shortages expressed by clerk will call the roll. war on terror. Part of that, obviously, our senior uniformed leadership, sol- The assistant legislative clerk pro- reservists being extended involun- diers, and families. My plan would ceeded to call the roll. tarily, is that we do not have enough bring our current commitments and Mr. MCCAIN. Mr. President, I ask men and women in the military. We are authorized troop levels into greater unanimous consent that the order for willing to provide the weapons sys- balance. the quorum call be rescinded. tems, the increased procurement— If fully implemented, over the course The PRESIDING OFFICER. Without some of it far less necessary than the of a 5-year period, the Army would objection, it is so ordered. increased number of personnel in the grow by over 1 percent annually result- Mr. MCCAIN. Mr. President, I rise in active-duty armed services. ing in an army end-strength of an addi- support of the amendment by my Senator CLELAND, who keeps in very tional 25,000 extra soldiers. friend, Senator CLELAND of Georgia. close touch with the men and women in The Air Force would require an in- The reality is there are some 80,000 re- the military, including those very crease of 2,500 airmen in fiscal year 2004 servists who are now being extended on large numbers who are based in the and 2,000 in fiscal year 2005. active duty—some of those reservists State of Georgia, and I have come to The Navy would have a requirement voluntarily, some involuntarily—be- the conclusion that we need very badly for 1,000 additional sailors in fiscal cause of the dramatically increased to increase end strength, maintain the year 2004. commitments of manpower as a result viability of the reserves, but also to This responsible and incremental in- of the war on terror precipitated by the successfully prosecute the war on ter- crease in authorization acknowledges events on September 11. ror. that the activation of the reserve com- Some of our most valued members of I thank Senator CLELAND for his ponents and stop-loss are only tem- the military are our reservists. They amendment. It is a worthy amendment. porary fixes to a larger problem. In ad- have filled incredibly important and It provides a great deal of flexibility to dition, this plan begins the dialogue on vital missions in defense of this coun- the Defense Department. We need to the long term personnel needs that this try not only since September 11 but in send a signal, especially to the reserv- new war on terror requires. Though every previous conflict in which we ists who are being extended involun- this multi-year plan will not be in- have been engaged in the last century. tarily for an indefinite period of time,

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 27, 2002 CONGRESSIONAL RECORD — SENATE S6185 that we intend to increase the size of Mr. WARNER. If I understood the would have to be reductions in those our military so they will not have to. Senator, it does not in any way seek to measures which Senators thus far have Here is a reality: They are not going revise the language in permanent law believed were secure as a part of this to keep these men and women in the of title X? bill. Would I not be correct? reserves if they believe they are going Mr. CLELAND. That is correct. Mr. CLELAND. No, that is not my to be involuntarily extended. Senator Mr. WARNER. I say to my distin- understanding. I say to my distin- CLELAND has information about how guished colleagues, it has been the guished colleague from Virginia, my many times reservists have been called practice of the conference committee understanding is that this addresses up, particularly in recent conflicts, in- on the authorization side each year, in the floor, not the ceiling. It has not cluding that in the Persian Gulf. reconciling the differences between the been the intent and is not the intent of At least those conflicts were of rel- House and the Senate—if the Senator this amendment to take away from any atively short duration. But these men from Georgia first would recite his un- other part of the Defense authorization and women who held jobs in their own derstanding as to what is in the House bill. It is the intent of this amendment communities and were members of the bill now? And, should this measure be to authorize the services, if they so de- Reserves did serve their country at adopted on the floor today, what would sire, to go to a new level of troop au- considerable sacrifice. be the differences that the House and thorization if they can find the money. I thank Senator CLELAND for his the Senate would have to reconcile? It is discretionary upon them and dis- amendment. I strongly support it, and Mr. CLELAND. I say to my distin- cretionary to the conference com- I hope my colleagues will support it as guished colleague from Virginia, my mittee. well. understanding from staff is that the Mr. WARNER. The Senator from Ari- I yield the floor. House has raised the floor—the floor, zona wished to address the issue. The PRESIDING OFFICER. The Sen- not the ceiling. It has raised the floor. Mr. MCCAIN. I wish to respond to the ator from Virginia is recognized. Mr. WARNER. Mr. President, I share And we do not. We just establish a new Senator from Virginia. We have other the views as expressed by our distin- ceiling that is discretionary. items in this bill—which is authorizing guished colleague from Arizona and, in- Mr. WARNER. Mr. President, if I un- how many billions of dollars? deed, the distinguished colleague from derstand it, the Senator quite accu- Mr. WARNER. About $379 billion. Georgia, about the problems facing the rately pointed out there is a floor in Mr. MCCAIN. About $379 billion, men and women in the Armed Forces the House bill. We do not have a floor, which, in the view of most objective today, particularly the Reserves, the it is your understanding, in the Senate observers, would probably not have the Guard, and others. They have very loy- bill; is that correct? priority of the men and women in the ally and patriotically accepted the call Mr. CLELAND. The Senator is cor- military. I know of no higher priority. to leave their families, their jobs, and rect. That is the reason why the Senator go on an active duty status. Mr. WARNER. So that issue would, from Georgia and I made a tough deci- Further, both Senators are quite ac- then, be before the conference? sion here, saying: Look, we will leave curate as to the current stress that is Mr. CLELAND. That is correct. it up to the conference to find the being put on the active force, now aug- Mr. WARNER. Let’s assume for pur- money. I could give the Senator a list mented by the call-ups of the Guard poses of this debate that the approxi- of projects that are authorized in this and Reserve—nevertheless, the total mate cost of the amendment, I say to bill, which I think, according to most force as we refer to it today—the stress the Senator from Georgia, would be objective observers, many of which that is being put on them and their about $500 million; is that correct? could be described as porkbarrel families by the deployments world- Mr. CLELAND. The Senator from projects, which have a far lower pri- wide. I take absolutely no exception to Virginia is correct. ority than that of the men and women their observations. Mr. WARNER. Would it not be in- in the military. I at this point want to seek some cumbent upon the Senate conferees to We are facing an urgent problem. We clarity as to the interpretation of the find within this bill that will be passed are facing a serious problem. We think amendment before I ask the Chair to shortly the $500 million in order to ac- it deserves the attention of the Senate call up a second-degree amendment to cept the provisions reconciled, as you and, following passage, of the con- see if, in fact, that may not be nec- say, by the House and the Senate? ference. It is not unusual to put in a essary. Mr. CLELAND. I say to my distin- provision on the floor that is not fund- I say to my distinguished col- guished friend from Virginia, as far as ed. That is why we do have con- leagues—either Senator may answer— I know, it is discretionary upon the ferences. Certain tradeoffs are made. is this amendment paid for by offsets conference committee because it is There will be tradeoffs made between from other provisions in the bill? based on a discretionary item, inde- the conferees from the Senate and the Mr. CLELAND. I thank the Senator pendent of the budget. It is not an obli- House. from Virginia for his support. This gation, to my understanding, of the I understand the difficulty that is en- amendment is discretionary. There is conference committee to come up with tailed, but I also understand better the no money to pay for it, so it is there- the money. difficulty that right now the men and fore discretionary on the services. If Mr. WARNER. I say, Mr. President, women in the military are having in they meet this increased end strength, that my recollection—having had the carrying out their functions, their du- they have to take it out of their own privilege of serving as a conferee for, I ties, and their missions. hides. So it is discretionary upon the think, all the 24 years I have been I hope the Senator will understand services. here—is that it has been the practice that we believe this issue is tran- Mr. WARNER. My next question that on this type of legislation, al- scendent to a $500 million out of a $379 would be: title X governs this process though it is discretionary—that is, in billion piece of legislation. of the end strengths and has done so for the manpower area—it has been incum- I thank my friend from Virginia. I many years. The practice of the com- bent upon the Senate to find within understand it places a very tough bur- mittees of the armed services—cer- our bill the $500 million for purposes of den on both the Senator from Virginia tainly the Senate committee—is sim- reconciliation in the conference. That and the Senator from Michigan, who ply to establish new end strengths and has been our practice. will be in charge of carrying this bill then they are incorporated into the Mr. MCCAIN addressed the Chair. through the conference. I thank my continuing language of title X, which Mr. WARNER. If I could finish, I will colleague. is in permanent law and does not need then be glad to yield. If that be the Mr. LEVIN. Will the Senator from to be revised annually. Does this case, I should like to alert colleagues Virginia yield? amendment in any way revise the pro- that we would have to look at all the Mr. WARNER. Yes. visions of title X? programs, the full scope and full range Mr. LEVIN. The Senator from Geor- Mr. CLELAND. The distinguished of all programs in our bill to generate gia and the Senator from Arizona have Senator is correct. This does not revise that $500 million. The consequences identified a very critical unmet need. title X. would be that in some areas there In fact, the Army has already indicated

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6186 CONGRESSIONAL RECORD — SENATE June 27, 2002 it is going to try within its own funds Mr. WARNER. Mr. President, I have But, nonetheless, it would be a new to increase its end strength. So by the another question for the chairman and tradition. time we actually get to conference, we the sponsors. Again, I am sympathetic Let me just sort of summarize that. may find that they have already to what we are trying to do. But at the We can either direct inside of our con- achieved what this amendment urges same time, I find within the existing ference report that the Department of them to do and authorizes them to do. framework of the law—that is title X— Defense fund the authorized end That is the point, No. 1. I would like to read that: strength with the amendment of the No. 2, it seems very clear from the Section (c) item (1) increase the end Senator from Georgia, or we can find answers of the Senator from Georgia strength authorized pursuant to subsection the funds ourselves to do that in con- that this is a discretionary matter— (a)(1)(B) for a fiscal year for any of the ference, or we can just simply not fol- that it does not raise the floor; it armed forces by a number equal to not more low the tradition, which I happen to than 2 percent of that end strength. raises the ceiling, unlike the House, think is a good tradition, but, nonethe- which does raise the floor. The amend- The existing law gives the Secretary less, is an option. ment of the Senator from Georgia of Defense the right to go to not only Mr. WARNER. If I understood my raises the ceiling but leaves the floor the end strength submitted by our two chairman, one of the options is to di- where it is. Therefore, the discretion colleagues—that is roughly 1 percent rect the Department to fund the levels remains. over the current table in our bill—but in this amendment. Given those clear responses I think could go to even another percent of 2 Mr. LEVIN. Within their own funds. this amendment is something we percent. Mr. WARNER. I understand that. But should support because I think the re- It is not clear to this Senator exactly clearly the Secretary of Defense may sponses leave the discretion with the what the pending amendment does that not exercise the discretion which our the Secretary does not already have Department of Defense, unlike the colleague from Georgia leaves in place the authority to do. Everything that House bill. That makes this a to go to that end strength. So we can’t the pending amendment, one way or conferenceable item. direct them to do something unless the Mr. WARNER. If I could ask my another, urges be done, he has the Secretary of Defense takes a prior ac- chairman, and, indeed, the sponsors, I right. I say this respectfully to the dis- tion; that is, exercise the discretion to am sympathetic to what our two col- tinguished Senator from Michigan, our go to this new end strength level. Am I leagues are trying to do. What I am en- chairman. not correct? deavoring to do is make clear the re- Yesterday, on missile defense, let’s Mr. LEVIN. I think our conference sponsibility of the conferees once we say it was a top priority of the Senate could actually direct the Secretary of get there. That is my basic concern be- to focus this, as the Senator from Ari- Defense to do it out of their own funds. cause I have an obligation, as, indeed, zona said, to cure the problems associ- I think that is an option. my chairman does, in the conference to ated. Fine. I have no objection to that. Mr. WARNER. But still under the try to protect the integrity of the Sen- But I do not like to see the Senate amendment of the Senator from Geor- ate bill, which has hundreds of dif- adopt an amendment which does noth- gia maintains the discretion to go to ferent items from throughout this ing to change the authority of the Sec- new levels or not. Chamber on both sides of the aisle. retary of Defense under the existing What is the chairman’s view? Are we law. Mr. LEVIN. That is right. I am talk- or are we not obligated? I believe, with The question is, What does this ing about what the conference report the traditions of the past, that the amendment do that existing law does does. The Senator’s amendment leaves Senate conferees would be obligated to not permit the Secretary of Defense to that discretion there. But because of find the 1–2 billion dollars. What is the do? the tradition, we fund that authorized chairman’s view on that? Mr. LEVIN. I would say there are two level, which the Senator from Virginia Mr. LEVIN. That we should also try answers to that. has pointed out, and we may decide to to maintain the Senate position on First, since this would be a new look to a different approach which this, which is that the ceiling would be level—a new ceiling—the Secretary of would be to direct the Secretary of De- raised and the floor would not be Defense would have authority to go 2 fense to meet that level out of his own raised. That remains. It leaves it as a percent above this additional level. funds. It is a different approach, but it discretionary matter, as the Senator The ceiling would be higher. So the is an important amendment. from Georgia clearly said, with the De- Secretary would have that same discre- Mr. WARNER. Mr. President, that is partment of Defense. tionary 2 percent, but it would be an entirely different step with the con- We would do our best, as we always above a higher ceiling. ference taking that action. Then we have, to find the funding for that high- That is the first answer. would be taking the discretion away er level. We may leave it up to the The second answer, it seems to me, is from the Secretary that he now has military to find it within their own that the Senator from Georgia and the with regard to these end strengths. I funds with the direction from us in re- Senator from Arizona have identified would not favor that because of the fol- port language—the conference man- in their amendment a problem which lowing reasons: We reposed by law, in agers’ language directing the military we all understand exists, and they have the Constitution, the Commander in to find it within their own funds. focused this issue into an amendment. Chief who in turn selects his Secretary There are a lot of possibilities. That amendment, if adopted, it of Defense. I think they must be given But the point the Senator from Geor- seems to me, gives additional momen- the maximum latitude possible as the gia made, and the Senator from Ari- tum. We have to seek new ways to try executive branch. They are the man- zona as cosponsor made, it seems to to meet that end strength—to try to agers. me, is that it is unassailable that we fund it. We have to look to additional I am always concerned when the Con- have overused our reservists. We have ways to try to fund it because the tra- gress tries to mandate that they should to find a way to correct that. This is an dition which the Senator from Virginia do A, B, or C when it is their collective effort to push us in that direction. It pointed out is that we have tradition- judgment that A, B, or C not be done. leaves it as a conferenceable issue be- ally funded the authorized end I hope in the conference we don’t cause the floor in the House is raised to strength. That means we have one of reach that. But let me just point out where the ceiling is, but in the Senate two options, or three. Either we have the following. bill, with the amendment of the Sen- to tell the Department of Defense that Mr. LEVIN. If the Senator will yield ator from Georgia, if adopted, the floor they have to find the funds to do this on that point, we do mandate end remains the same. It is the ceiling within their own funds or we have to strength. It is called the floor. which is raised. find the funds to do it at our own con- Mr. WARNER. With discretion. It gives us some important added im- ference, or the third option is that we Mr. LEVIN. No, not on the floor. petus to add end strength—as it should. would begin a new tradition, which is Mr. WARNER. I understand. But I think we all agree that we have to that we don’t fund the authorized level. when we put in our end strength, the find a way to do this in order to reduce That would be the least desirable of all Secretary still has the discretion. To the overuse of reservists. three. the credit of our Secretary, he has, if I

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 27, 2002 CONGRESSIONAL RECORD — SENATE S6187 understand—and I pose this to the Sen- have been achieved during the course The underlying amendment we have ator from Georgia as a question—al- of this colloquy. been considering in regard to this par- ready exercised his discretion with re- The PRESIDING OFFICER (Mr. ticular subject has to do with our ship- gard to the Marine Corps, and has gone CORZINE). The Senator from Michigan. building program and the importance to that level with the Marine Corps and Mr. LEVIN. Mr. President, I hope we of our Navy to the strength of our found the funding to achieve it in this can now adopt this amendment. forces. I thank the Senator from Georgia for bill. Let me first, though, thank Senator Am I not correct? his persistence on this issue. He has Mr. CLELAND. As the Senator point- identified a critically important unmet CLELAND and Senator MCCAIN for their ed out, it was in the President’s budget need for this country. We have reserv- very excellent work in calling to our request—that the only increase in per- ists who have been away from their attention another shortage, if you will, sonnel asked for was about 2,300 per- jobs for a much longer period of time which is our end strength, our shortage sonnel in the Marine Corps. That is in than anyone intended. We have to ad- of personnel, of people we can actually the President’s budget. That is a re- dress that issue. send to the front lines, wherever those quest of us which we accede to in this The Army has told us they are going front lines might be. More and more, it Defense authorization bill. to do their best to address this issue. is clear to us some of those front lines My amendment says, in effect, that The Navy has listed the increase in end might be here on our own home soil, basically this is inadequate. Other strength as their No. 1 unfunded pri- but also we need men and women to services need additional strength, and ority. support our soldiers and sailors and this authorizes the services to go to a So I think the need is there. The airmen who have to be deployed miles higher end strength if they can find the focus upon this unmet need by the Sen- and miles away from our homeland. money. ators from Georgia and Arizona will So I thank them for their good work. Mr. WARNER. Fine. But am I not help us to, hopefully, advance this to I am proud to be able to support that correct that the Secretary has already the point where we can actually find amendment as well. taken the action to meet the purport of the funds for the increase in end the amendment by the Senator from strength. One way or the other, we But I bring to the Senate this par- Georgia as regards the Marine Corps? have to address this issue. ticular amendment on shipbuilding be- Mr. CLELAND. It seems to me the The PRESIDING OFFICER. The Sen- cause it points to yet another unfortu- President of the United States, in his ator from Virginia. nate shortfall of our overall defense budget, authorized 2,300 additional per- Mr. WARNER. Mr. President, the structure. Now is a time when we real- sonnel and gave the money for that, concerns of the Senator from Virginia, ly have to focus and make tough deci- and we have included that in the De- and perhaps others, have been satisfied. sions about how we are going to allo- fense authorization bill. What this We are prepared to accept the amend- cate these resources, again trying to amendment says is that in the collec- ment on a voice vote. meet the President in his total budget tive judgment of those of us who are Mr. CLELAND. Mr. President, I request, which this Senate has done, involved in this personnel debate, that thank the distinguished Senator from this Congress has done, and is in the is not adequate enough to meet the Virginia for his colloquy which has process of doing under the leadership of needs of our commitments, especially clarified this issue. It has helped gain Senator LEVIN and Senator WARNER. in this new war we are fighting. support for the amendment. I thank But within that total amount we are You can see here the tremendous im- the distinguished chairman, Senator allocating for defense, there is some balance we have presently. These lines LEVIN, for his help. And I thank espe- real debate about how that money shown on the chart have to begin com- cially my colleague, Senator MCCAIN, should be allocated and spent, and that ing together. We have to begin match- for pushing this issue forward. is what this broad debate is about. ing our personnel with our commit- I yield the floor. ments or else we will continue to The PRESIDING OFFICER. Is there One of the issues I want to spend a strain our personnel to the limit. That further debate on the amendment? few minutes speaking about is ship- is why we have the authorization for If not the question is on agreeing to building. I would like to begin by read- the Army, the Navy, and the Air Force, amendment No. 4033. ing into the RECORD just a short clip as well as the Marine Corps, to go to a The amendment (No. 4033) was agreed from the American Shipbuilding Asso- higher level. to. ciation entitled ‘‘The Defense Ship- Mr. WARNER. Mr. President, that Mr. WARNER. I move to reconsider building Industrial Base—An Industry was essentially a reiteration of your the vote. At Risk,’’ which was written in May of basic argument for the amendment. Mr. LEVIN. I move to lay that mo- 2001. tion on the table. My question was very narrow, very This report says: focused, and required, really, a yes or The motion to lay on the table was no answer. agreed to. In 1987, the United States had a naval fleet Has not the President already, with The PRESIDING OFFICER. The Sen- of 594 ships. Today, the fleet numbers 316 and the Secretary of Defense preparation of ator from Louisiana. is dropping. The annual numbers of naval the budget, reached the figures for the AMENDMENT NO. 3975 ships procured is at the lowest level since 1932; the size of the Navy’s fleet is the small- Marine Corps with an increase and paid Ms. LANDRIEU. Mr. President, I would like to call up amendment No. est since the year before we entered World for it? War I; and while the fleet has been cut al- Mr. CLELAND. The Senator is cor- 2514, which I understand has already most in half, the number of overseas deploy- rect. been recommended for inclusion in the ments has increased 300 percent. Mr. WARNER. That is all I wanted to managers’ package and has been establish. So that shows the Secretary cleared on both sides. As you can see from the chart, this is of Defense is proceeding in an orderly The PRESIDING OFFICER. Would one of our mighty aircraft carriers and manner, at least with one service, to the Senator restate the amendment is one of the Navy’s pride and joy. We achieve the goals the Senator from number, please. just do not have enough aircraft car- Georgia has been reciting. Ms. LANDRIEU. Mr. President, I will riers and other different elements of Mr. CLELAND. The Senator is cor- send that amendment up in just a mo- our fleet. rect. ment. But I understand this amend- This report goes on to say: Mr. WARNER. Fine. And it is my ment has been accepted on both sides thought that in due course the Sec- and may be included in the managers’ Our Commanders-in-Chief are on record retary of Defense will address each of that they cannot meet the Nation’s military package. I want to take a minute to ex- and foreign policy strategy with a fleet of the other services. So long as it is my plain this amendment in a little more less than 360 ships, yet Navy budgets [we are understanding from this important col- detail, if I may. considering today] are providing for a fleet loquy that in no way does your amend- The PRESIDING OFFICER (Mr. of fewer than 200 ships. ment alter title X, alter that discre- LEVIN). Without objection, it is so or- tion, then, Mr. President, I shall not dered. This is unacceptable. It cannot stand. bring up my second-degree amendment Ms. LANDRIEU. Thank you, Mr. We need to change these trend lines. to it. The purposes of that amendment President. Continuing:

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6188 CONGRESSIONAL RECORD — SENATE June 27, 2002 This disconnect between national require- a more positive direction. As you the DOD budget. Each year the Sec- ments and budgets increases the risk of in- know, there is a great need. retary of Defense must provide a plan stability in many regions of the world, jeop- There is an old quote about the mili- for the construction of combatant and ardizes the lives of Americans, jeopardizes tary that says: When it comes to debat- our economic prosperity, and threatens our support ships that support the national peace and national security. ing matters of war, it is the amateurs security strategy or, if we have no such The historically low rate of naval ship pro- who talk about strategies and the ex- strategy, will support what is called for duction over the past eight years has also se- perts who talk about logistics. This is in the QDR, the Quadrennial Defense verely weakened the very industry upon because so much of the planning that Review. which the Navy depends today and tomorrow goes into war is centered on two simple If the national security strategy or for its ships. If decisive action is not taken questions: How are we going to get the the QDR, if it calls for 318 ships, or if now to reverse the decline in naval ship pro- duction, the Nation [could potentially] lose troops to the fight; and how are we it would call for 375 ships with 12 car- the industrial capability to restore the fleet going to supply them once they get rier groups and 12 amphibious ready to the level the Nation requires to maintain there? groups, as Admiral Clark, Chief of global peace and stability. The answer to both of these ques- Naval Operations, has testified to as It is the role of our military leaders to de- tions is a strong and robust Navy. The recently as February, whatever number fine the forces they require to meet their conflict in Afghanistan today clearly is decided on, the Secretary must pro- military missions. demonstrates this. vide in detail budget plans for the con- Let me tell you why this is impor- Again, not to say that the Air Force struction of these ships. tant as related to the Navy, let’s say, and the Army don’t have to meet spec- Of course, it looks out over 30 con- and the production of airplanes for our tacular and important missions, but we secutive years. It is not something we Air Force. cannot be the strong and vital force we are trying to do next year. This amend- There is a difference, not that we need to be to fight this war on ter- ment will require the details of such don’t need both; we need a robust Air rorism, to support our allies around plan to be included. It is consistent Force as well as a robust Navy. But the the world, and to project power around with and strengthens the underlying way that we prepare and build and in- the world without a robust Navy. This bill, on which the Presiding Officer has vest is different. Because of the mag- amendment will help us to move in worked so hard and effectively. The nitude of ships, because we don’t order that direction. plan must describe the necessary ship them by the thousands, we order them In an environment where we cannot force, how many carriers, submarines, by tens and twenties, not thousands, afford basing rights for our troops, the destroyers, transport ships, et cetera. the same sort of procedures cannot be ships of our Navy become floating sov- It also requires that the estimated effectively applied. We need to under- ereign bases a world away from Amer- levels of funding necessary to carry out stand those differences. ican soil. Our campaign in Afghanistan the plan and a discussion of the pro- This report goes on to say: proves this point. Currently, 30 percent curement strategies on which the esti- For example, a fighter pilot or commercial of our Navy is deployed in support of mated funding levels are based. passenger is in an airplane for only a limited number of hours, whereas a ship is a self-sus- Operation Enduring Freedom, and a Finally, it requires a certification tained city at sea that serves as home to majority of our fighter sorties, 85 per- from the Secretary of Defense. The sailors for months on end. The production cent flown over Afghanistan, were sea- Secretary must certify that both the time of an airplane is measured months, the based. So if we don’t have the ships to current budget and the future year’s production time of a ship is measured in serve, not only as supply lines but as defense programs submitted to Con- years. With respect to government orders, places where our troops can be secured gress provide for funding ship construc- the airplanes of the same design are bought while they carry out the missions and tion for the Navy at a level that is suf- in quantities of hundreds whereas ships are procured in quantities of tens or even less, the battle, we will be seriously crippled ficient for the procurement of ships and each ship of a class is highly customized. in our efforts. provided for in the plan. The same holds true in commercial trans- All of the Marines and many special I am pleased this amendment was ac- actions, where only one or two ships of the operations troops that have served in cepted. Shipbuilding is important to same design will be bought by an individual Afghanistan were based on ships. There our overall defense plan. The industry customer and each customer demands cus- is no doubt if we did not have a sizable itself is important to so many of our tomized designs. Airlines buy quantities of Navy, we would not be able to execute States, our industrial complex from aircraft that are in production for commer- as well as we are in our Afghanistan California to Maine to Louisiana. As a cial market in competition with other mod- els being produced. Another major difference campaign. Senator from Louisiana, I am particu- is that there are a limited number of coun- Furthermore, there is no doubt that larly proud of what our companies and tries with airplane manufacturers versus the even with a 318-ship Navy, it has been our businesses, both large and small, number of countries with shipbuilders. stretched very thin. Even though we contribute to the shipbuilding strength Therefore, there are many more inter- are in a time of war and even though and capability of America. national competitors for ship orders than for we are about to approve the largest in- From a defense perspective, as well planes. crease in defense spending in the last as an industrial base perspective, as Given these differences, it is not surprising that a Department of Defense acquisition two decades, we are simply not pro- well as from economic strength, this policy tailored for planes will not work for curing naval ships at a rate that will amendment is very important as we ships. sustain a strong Navy in the future. If structure a Department of Defense that Therefore, I have offered this amend- the size of our Navy fleet continues to can fight the new wars, that can take ment which will help to move us in a decline, I fear we will not be able to us to new places in ways that we can be direction to increase our production carry out the missions before us. confident we can fight and stand strong level and turn around the disturbing Essentially, this amendment states for American values and democracy for trend line. that it is a national policy of the ourselves, for our interests, and to help The next chart I have illustrates the United States to maintain a strong and our allies around the world. trend line. We have been on a ship- robust Navy, with the appropriate We fight every day to get good, solid building program. We were well on our number of ships to protect our inter- land bases to operate. We are going to way in 1997 to 1998, 1999 and 2000, mov- ests both at home and abroad. Congress build or are in the process of building ing up. No one has worked harder than has done this before in asserting our some of the finest airplanes ever cre- Senator KENNEDY, who is the chair of policy regarding missile defense, which ated. Those are important to our Army this subcommittee and has added to we have just successfully debated and and our Air Force. But our Navy can- the President’s budget some significant on which we have come to consensus. not be shortchanged. If it is, it will be shipbuilding, and the Presiding Officer, This amendment would require the to our peril and to democracies every- as chairman of the Armed Services Secretary of Defense to lay out the where. Committee, has done an outstanding budgetary plans necessary to maintain We are fighting battles where we job trying to change this trend line. a strong Navy. The underlying amend- have no land bases from which to This amendment, which has been ac- ment requires DOD to submit an an- launch and supplies cannot be moved cepted, will make this trend line go in nual ship construction plan as part of across land. They have to be based on

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 27, 2002 CONGRESSIONAL RECORD — SENATE S6189 the sea. We cannot do that without a Mr. WARNER. Madam President, I nection with contracts that are entered into strong Navy. ask unanimous consent that the order after December 31, 2007, for the construction For Louisiana, this is important, but for the quorum call be rescinded. or acquisition of housing under the author- it is much bigger than our State. It is The PRESIDING OFFICER. Without ity of subchapter IV of chapter 169 of title 10, United States Code. important to the Nation. objection, it is so ordered. So I thank the Senate for their ac- Mr. WARNER. Madam President, we Mr. WARNER. Madam President, this knowledgement of the importance of will continue to clear amendments. is an amendment requested by the De- this amendment. I also thank the sub- The Senator from Virginia was on the partment of Defense relating to certain committee, led by Senator KENNEDY, floor with the distinguished majority basic allowances for housing in order who, through his hard work, has added whip last night clearing a package of to facilitate efforts to construct bar- three ships to the underlying budget. amendments. The amendment I am racks for the most junior enlisted per- We added a submarine, a DDG–51, and a going to offer was in that package. sonnel. I understand it has been cleared LPD–17. Simply because of clerical oversight— on the other side. I also thank Senator REED for his and staff had worked 15 hours yester- Mr. LEVIN. The amendment has been work on shipbuilding. He has done an day—it was dropped. cleared. The PRESIDING OFFICER. Without outstanding job. Again, we have added AMENDMENT NO. 4169 to the President’s request. I was proud objection, the amendment is agreed to. Mr. WARNER. Madam President, I The amendment (No. 4169) was agreed to support that in the underlying bill. send this amendment to the desk and to. This amendment takes us a step even ask for its immediate consideration. Mr. WARNER. Madam President, I further to make sure our Navy is The PRESIDING OFFICER. Without move to reconsider the vote. strong, robust, and can support the objection, the amendment is in order. Mr. LEVIN. I move to lay that mo- great work and great mission of our The clerk will report. tion on the table. armed services and our defense. The legislative clerk read as follows: The motion to lay on the table was (Mrs. CLINTON assumed the chair.) The Senator from Virginia [Mr. WARNER] agreed to. Mr. LEVIN. Will the Senator yield proposes an amendment numbered 4169. AMENDMENT NO. 4170 for a quick comment? Mr. WARNER. Madam President, I ask Mr. WARNER. Madam President, I Ms. LANDRIEU. Yes. unanimous consent that further reading of send to the desk an amendment. Mr. LEVIN. I congratulate the Sen- the amendment be dispensed with. The PRESIDING OFFICER. The ator on her amendment, which we have The PRESIDING OFFICER. Without clerk will report the amendment. accepted. It takes an important step in objection, it is so ordered. The legislative clerk read as follows: assuring that we are going to have the The amendment is as follows: The Senator from Virginia [Mr. WARNER] kind of Navy that we need, for which (Purpose: To temporarily authorize higher proposes an amendment numbered 4170. our Quadrennial Defense Review pro- partial basic allowance for housing for cer- Mr. WARNER. Madam President, I vides. Her amendment is going to help tain members assigned to privatized hous- ask unanimous consent that further us get to the point we must reach that ing) reading of the amendment be dispensed not only identifies the need, but the On page 130, between lines 6 and 7, insert the following: with. roadmap. Her amendment makes an The PRESIDING OFFICER. Without important contribution. SEC. 604. TEMPORARY AUTHORITY FOR HIGHER RATES OF PARTIAL BASIC ALLOW- objection, it is so ordered. As chairman of the Emerging ANCE FOR HOUSING FOR CERTAIN The amendment is as follows: Threats Subcommittee, she has become MEMBERS ASSIGNED TO HOUSING (Purpose: To set aside $20,000,000 for the dis- a true expert. She was way ahead of UNDER ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVE- posal of obsolete vessels of the National her time in identifying the threats that MENT OF MILITARY HOUSING. Defense Reserve Fleet) have befallen us. As chair of that sub- (a) AUTHORITY.—The Secretary of Defense At the end of subtitle A of title III, add the committee, she has become an expert may prescribe and, under section 403(n) of following: on the Navy. Her contribution to the title 37, United States Code, pay for members SEC. 305. DISPOSAL FOR OBSOLETE VESSELS OF committee is immense, and I thank her of the Armed Forces (without dependents) in THE NATIONAL DEFENSE RESERVE for that. privatized housing higher rates of partial FLEET. Ms. LANDRIEU. I thank the chair- basic allowance for housing than those that Of the amount authorized to be appro- are authorized under paragraph (2) of such priated by section 301(a)(2) for operation and man. I wish to acknowledge the work maintenance for the Navy, $20,000,000 may be of the Senator from Virginia as well, section 403(n). (b) MEMBERS IN PRIVATIZED HOUSING.—For available, without fiscal year limitation if so who, of course, led the Navy as Sec- the purposes of this section, a member of the provided in appropriations Acts, for expenses retary of the Navy for many years and Armed Forces (without dependents) is a related to the disposal of obsolete vessels in now serves in such a distinguished ca- member of the Armed Forces (without de- the Maritime Administration National De- pacity. Truly, his voice has been one, pendents) in privatized housing while the fense Reserve Fleet. over the last several decades, that has member is assigned to housing that is ac- Mr. WARNER. Madam President, this helped to keep our Navy strong. He was quired or constructed under the authority of amendment relates to the MARAD ob- instrumental in helping us make some subchapter IV of chapter 169 of title 10, solete vessels, which are currently in United States Code. real progress in this area of the under- the James River and are becoming a (c) TREATMENT OF HOUSING AS GOVERNMENT lying bill. QUARTERS.—For purposes of section 403 of very serious hazard to the environ- I thank the Senator from Virginia for title 37, United States Code, a member of the ment. I spoke earlier this morning with his support of this amendment because Armed Forces (without dependents) in the chairman of the Commerce Com- without his support we would not have privatized housing shall be treated as resid- mittee, Senator HOLLINGS. He agrees been able to adopt it. I thank him for ing in quarters of the United States or a that this amendment is in the interest the work he does on shipbuilding for housing facility under the jurisdiction of the of all parties and expresses his support our Nation. Secretary of a military department while a for it. higher rate of partial allowance for housing The amendment would simply trans- The PRESIDING OFFICER. The Sen- is paid for the member under this section. ator from Virginia is recognized. (d) PAYMENT TO PRIVATE SOURCE.—The par- fer a certain sum of money—the same Mr. WARNER. Madam President, I tial basic allowance for housing paid for a sum having been designated in the thank our colleague, a valued member member at a higher rate under this section House bill—for the purpose of enabling of the committee. may be paid directly to the private sector MARAD to proceed to correct this po- We can clear two amendments; am I source of the housing to whom the member tential environmental problem and, correct? is obligated to pay rent or other charge for hopefully, removing these vessels at Mr. LEVIN. I suggest the absence of residing in such housing if the private sector the earliest possible date. a quorum. source credits the amount so paid against Madam President, this amendment the amount owed by the member for the rent The PRESIDING OFFICER. The or other charge. would make additional funding avail- clerk will call the roll. (e) TERMINATION OF AUTHORITY.—Rates pre- able in fiscal year 2003 for the disposal The legislative clerk proceeded to scribed under subsection (a) may not be paid of obsolete vessels in the National De- call the roll. under the authority of this section in con- fense Reserve Fleet, also known as the

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6190 CONGRESSIONAL RECORD — SENATE June 27, 2002 ‘‘Ghost Fleet.’’ Because of their inter- authorized by this amendment will (8) six States currently link student pro- est in this issue, I have worked with help to accelerate the scrapping of ves- motion to results on State accountability Senators HOLLINGS and MCCAIN to de- sels that are in the worst condition, tests; (9) thirty-seven States have a process in velop this amendment and believe that most of which are located on the James place that allows charters to be a useful tool I have their support. Both Senators, River. to bridge the gap created by frequent school however, have made it clear that the Mr. LEVIN. Madam President, the changes; funding language for disposal of obso- amendment is cleared on this side. (10) excessive percentages of students are lete National Defense Reserve Fleet The PRESIDING OFFICER. Without not meeting their State standards and are vessels included in section 3501 of H.R. objection, the amendment is agreed to. failing to perform at high levels on State ac- 4546 is preferred to the funding lan- The amendment (No. 4170) was agreed countability tests; and guage included in this amendment. I to. (11) among mobile students, a common Mr. WARNER. I move to reconsider thread is that school transcripts are not eas- appreciate your concerns and will en- ily transferred and credits are not accepted sure that these concerns are considered the vote. between public school districts in the United in conference. Mr. LEVIN. I move to lay that mo- States. Since 1994, the Maritime Administra- tion on the table. SEC. 1303. PURPOSE. tion or MARAD has been compelled to The motion to lay on the table was The purpose of this subtitle is to provide rely exclusively on the domestic scrap- agreed to. Federal support through a new demonstra- ping market because of environmental Mr. WARNER. Madam President, I tion program to States and local educational concerns related to overseas ship sales yield the floor. agencies, to enable the States and local edu- cational agencies to develop models for high and scrapping. Until October 2000, how- The PRESIDING OFFICER. The Sen- ator from Louisiana is recognized. quality military charter schools that are ever, MARAD was statutorily prohib- specifically designed to help mobile military ited from paying for scrapping services, AMENDMENT NO. 3975 dependent students attending public school which effectively precluded the use of Ms. LANDRIEU. Madam President, make a smooth transition from one school the domestic market. After the prohi- at this time I call up amendment No. district to another, even across State lines, bition was removed, MARAD disposal 3975. and achieve a symbiotic relationship be- The PRESIDING OFFICER. The tween military installations and these efforts were further hampered by inad- school districts. equate funding. clerk will report the amendment. The legislative clerk read as follows: SEC. 1304. DEFINITIONS. The amendment provides that $20 In this subtitle: The Senator from Louisiana [Ms. LAN- million be made available for MARAD (1) ELEMENTARY SCHOOL; SECONDARY DRIEU] proposes an amendment numbered disposal of obsolete vessels, an $8.9 mil- SCHOOL; LOCAL EDUCATIONAL AGENCY; STATE 3975. lion increase to the budget request. EDUCATIONAL AGENCY.—The terms ‘‘elemen- The additional funding will address a Ms. LANDRIEU. Madam President, I tary school’’, ‘‘secondary school’’, ‘‘local funding shortfall and hopefully help to ask unanimous consent that further educational agency’’, and ‘‘State educational avoid an environmental nightmare. reading of the amendment be dispensed agency’’ have the meanings given such terms in section 9101 of the Elementary and Sec- There are 135 obsolete vessels in the with. The PRESIDING OFFICER. Without ondary Education Act of 1965 (20 U.S.C. 7801). fleet slated for scrapping, 29 of those (2) MILITARY INSTALLATION.—The term vessels are considered a high risk to objection, it is so ordered. ‘‘military installation’’ has the meaning the environment, and 23 of those high The amendment is as follows: given such term in section 2687(e)(1) of title risk vessels are located in the James (Purpose: To provide for military charters 10, United States Code. River near Ft. Eustis, Virginia. Such between military installations and local (3) MILITARY DEPENDENT STUDENT.—The vessels contain large amounts of oil school districts, to provide credit enhance- term ‘‘military dependent student’’ means ment initiatives to promote military char- contamination and other hazardous an elementary school or secondary school ter school facility acquisition, construc- student who has a parent who is a member of substances, such as asbestos and poly- tion, and renovation, and for other pur- the Armed Forces, including a member of a chlorinated byphenyls (PCBs) These poses) reserve component of the Armed Forces, vessels pose a risk to the environment At the end of division A, add the following without regard to whether the member is on because their advance age and poor new title: active duty or full-time National Guard duty condition could result in the release of TITLE XIII—MILITARY CHARTER SCHOOLS (as defined in section 101(d) of title 10, United States Code. hazardous substances near sensitive en- Subtitle A—Stable Transitions in Education (4) SECRETARY.—The term ‘‘Secretary’’ vironmental habitats. for Armed Services’ Dependent Youth A growing number of regulators, ma- means the Secretary of Defense. SEC. 1301. SHORT TITLE. (5) STUDENT.—The term ‘‘student’’ means rine inspectors, environmentalists, and This subtitle may be cited as the ‘‘Stable an elementary school or secondary school workers who oversee the ‘‘Ghost Fleet’’ Transitions in Education for Armed Serv- student. suggest that an environmental disaster ices’ Dependent Youth Act’’. SEC. 1305. GRANTS TO STATES. is likely—if not imminent. In 1999, the SEC. 1302. FINDINGS. (a) GRANTS AUTHORIZED.— fleet barely survived the 40 mph winds Congress finds that— (1) IN GENERAL.—From amounts appro- and rough water caused by Tropical (1) States are establishing new and higher priated under section 1310, the Secretary, in Storm Floyd. Although none of the academic standards for students in kinder- consultation with the Secretary of Edu- garten through grade 12; cation, shall establish a demonstration pro- vessels leaked, 30 vessels broke away (2) no Federal funding streams are specifi- gram through which the Secretary shall from their moorings resulting in a two cally designed to help States and school dis- make grants to State educational agencies, week recovery effort and a $3 million tricts with the costs of providing military or on a competitive basis, to enable the State investment in a new mooring system. mobile students who are struggling academi- educational agencies to assist local edu- Given the current condition of the cally, with the extended learning time and cational agencies in establishing and main- fleet, disaster may occur with or with- accelerated curricula that the students need taining high quality military charter out another sever storm. For example, to meet high academic standards; schools. the Mormac Wave is a 40-year old re- (3) forty-eight States now require State ac- (2) DISTRIBUTION RULE.—In awarding countability tests to determine student grants under this subtitle the Secretary tired cargo carrier with peeling lead grade-level performance and progress; shall ensure that such grants serve not more paint and thick, jet black oil that has (4) nineteen States currently rate the per- than 10 States and not more than 35 local leaked from holding tanks to form a 3- formance of all schools or identify low-per- educational agencies with differing demo- foot-deep lagoon in the rusted hull of forming schools through State account- graphics. the vessel. Although workers who ability tests; (3) SPECIAL LOCAL RULE.— maintain the Wave and other deterio- (5) sixteen States now have the power to (A) NONPARTICIPATING STATE.—If a State rated vessels endeavor to keep the close, take over, or overhaul chronically fail- chooses not to participate in the demonstra- nightmare from becoming a reality, ing schools on the basis of those tests; tion program assisted under this subtitle or (6) fourteen States provide high-per- does not have an application approved under they are fighting a losing battle. forming schools with monetary rewards on subsection (c), then the Secretary may As a result, it is vital that Congress the basis of those tests; award a grant directly to a local educational ensure that MARAD have adequate re- (7) nineteen States currently require stu- agency in the State to assist the local edu- sources to address this problem. It is dents to pass State accountability tests to cational agency in carrying out high quality my hope that the additional funding graduate from secondary school; military charter schools.

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 27, 2002 CONGRESSIONAL RECORD — SENATE S6191

(B) LOCAL EDUCATIONAL AGENCY APPLICA- (ii) at a minimum, will assure that grants required under section 1111 of the Elemen- TION.—To be eligible to receive a grant under provided under this subtitle are provided tary and Secondary Education Act of 1965; this paragraph, a local educational agency to— (III) that is based on, and incorporates best shall submit an application to the Secretary (I) the local educational agencies in the practices developed from, research-based at such time, in such manner, and con- State that are sympathetic to, and take ac- charter school methods and practices; taining such information as the Secretary tions to ease the transition burden upon, (IV) that has a proposed curriculum that is may require. such local educational agencies’ military de- directly aligned with State content and stu- (C) REGULATIONS.—The Secretary shall pendent students; dent performance standards; promulgate such regulations as the Sec- (II) the local educational agencies in the (V) for which only teachers who are cer- retary determines necessary to carry out State that have the highest percentage of tified and licensed, and are otherwise fully this paragraph. military dependent students impacting the qualified teachers, provide academic instruc- (b) ELIGIBILITY AND SELECTION.— local school system or not meeting basic or tion to students enrolled in the program; (1) ELIGIBILITY.—For a State educational minimum required standards for State as- (VI) that offers to staff in the program pro- agency to be eligible to receive a grant under sessments required under section 1111 of the fessional development and technical assist- subsection (a), the State served by the State Elementary and Secondary Education Act of ance that are aligned with the approved cur- educational agency shall— 1965; and riculum for the program; and (A) have in effect all standards and assess- (III) an assortment of local educational (VII) that incorporates a parental involve- ments required under section 1111 of the Ele- agencies serving urban, suburban, and rural ment component that seeks to involve par- mentary and Secondary Education Act of areas, and impacted by a local military in- ents in the program’s topics and students’ 1965 (20 U.S.C. 6311); stallation. daily activities; and (B) compile and annually distribute to par- SEC. 1306. GRANTS TO LOCAL EDUCATIONAL (ii) may include— ents a public school report card that, at a AGENCIES. (I) the proposed curriculum for the mili- minimum, includes information on student (a) IN GENERAL.— tary charter school program; and school performance for each of the as- (1) FIRST YEAR.—Except as provided in (II) the local educational agency’s plan for sessments required under section 1111 of the paragraph (3), for the first year that a State recruiting highly qualified and highly effec- Elementary and Secondary Education Act of educational agency receives a grant under tive teachers to participate in the program; 1965; this subtitle, the State educational agency and (C) require each military charter school as- shall use the funds made available through (III) a schedule for the program that indi- sisted under this subtitle to be an inde- the grant to make grants to eligible local cates that the program is of sufficient dura- pendent public school; educational agencies in the State to pay for tion and intensity to achieve the State’s (D) require each military charter school the Federal share of the cost of planning for goals and objectives described in section assisted under this subtitle to operate under or carrying out the military charter school 1305(c)(2)(A); an initial 5-year charter granted by a State programs. (B) an outline indicating how the local charter authority, with specified check (2) SUCCEEDING YEARS.—Except as provided educational agency will utilize applicable points and renewal, as required by State law; in paragraph (3), for the second and third Federal, State, local, or public funds, other and year that a State educational agency re- than funds made available through the (E) require each military charter school ceives a grant under this subtitle, the State grant, to support the program; assisted under this subtitle to participate in educational agency shall use the funds made (C) an explanation of how the local edu- the State’s testing program. available through the grant to make grants cational agency will ensure that the instruc- (2) SELECTION.—In selecting State edu- to eligible local educational agencies in the tion provided through the program will be cational agencies to receive grants under State to pay for the Federal share of the cost provided by qualified teachers; this section, the Secretary shall make the of carrying out the military charter school (D) an explanation of the types of intensive selections in a manner consistent with the programs. training or professional development, purpose of this subtitle. (3) TECHNICAL ASSISTANCE AND PLANNING AS- aligned with the curriculum of the program, (c) APPLICATION.— SISTANCE.—The State educational agency that will be provided for staff of the pro- (1) IN GENERAL.—To be eligible to receive a may use not more than 5 percent of the grant gram; grant under this section, a State educational funds received under this subtitle for a fiscal (E) an explanation of the facilities to be agency shall submit an application to the year— used for the program; Secretary at such time, in such manner, and (A) to provide to the local educational (F) an explanation regarding the duration containing such information as the Sec- agencies technical assistance that is aligned of the periods of time that students and retary may require. with the curriculum of the local educational teachers in the program will have contact (2) CONTENTS.—Such application shall in- agencies for the programs; for instructional purposes (such as the hours clude— (B) to enable the local educational agen- per day and days per week of that contact, (A) information describing specific measur- cies to obtain such technical assistance from and the total length of the program); able goals and objectives to be achieved in entities other than the State educational (G) an explanation of the proposed student- the State through the military charter agency that have demonstrated success in to-teacher ratio for the program, analyzed schools carried out under this subtitle, using the curriculum; and by grade level; which may include specific measurable an- (C) to assist the local educational agencies (H) an explanation of the grade levels that nual educational goals and objectives relat- in evaluating activities carried out under will be served by the program; ing to— this subtitle. (I) an explanation of the approximate cost (i) increased student academic achieve- (b) APPLICATION.— per student for the program; ment; (1) IN GENERAL.—To be eligible to receive a (J) an explanation of the salary costs for (ii) decreased student dropout rates; grant under this section, a local educational teachers in the program; (iii) governance, parental involvement agency shall submit an application to the (K) a description of a method for evalu- plans, and disciplinary policies; State educational agency at such time, in ating the effectiveness of the program at the (iv) a military charter school admissions such manner, and containing such informa- local level; policy that requires a minimum of 60 percent tion as the Secretary or the State edu- (L) information describing specific measur- military dependent elementary school or cational agency may require. able goals and objectives, for each academic secondary school students, and a maximum (2) CONTENTS.—Each such application shall subject in which the program will provide in- of 80 percent of military dependent students, include, to the greatest extent practicable— struction, that are consistent with, or more except where such percentages are impos- (A) information that— rigorous than, the adequate yearly progress sible to maintain because of the demo- (i) demonstrates that the local educational goals established by the State under section graphics of the area around the military in- agency will carry out a military charter 1111 of the Elementary and Secondary Edu- stallation; school program funded under this section— cation Act of 1965; (v) liability and other insurance coverage, (I) that provides intensive high quality (M) a description of how the local edu- business and accounting practices, and the programs that are aligned with challenging cational agency will involve parents and the procedures and methods employed by the State content and student performance community in the program in order to raise chartering authority in monitoring the standards, and that is focused on reinforcing academic achievement; school; and and boosting the core academic skills and (N) a description of how the local edu- (vi) such other factors as the State edu- knowledge of students who are struggling cational agency will acquire any needed cational agency may choose to measure; and academically, as determined by the State; technical assistance that is aligned with the (B) information on criteria, established or (II) that focuses on accelerated learning, curriculum of the local educational agency adopted by the State, that— rather than remediation, so that students for the program, from the State educational (i) the State will use to select local edu- served through the program will master the agency or other entities with demonstrated cational agencies for participation in the high level skills and knowledge needed to success in using the curriculum; and military charter schools carried out under meet the highest State standards or to per- (O) a statement of a clearly defined goal this subtitle; and form at high levels on all State assessments for providing counseling and other transition

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6192 CONGRESSIONAL RECORD — SENATE June 27, 2002

burden relief for military dependent chil- onstration program carried out under this ‘‘(d) SPECIAL RULE.—In the event the Sec- dren. subtitle. retary determines that the funds available to (c) PRIORITY.—In making grants under this (b) LOCAL.—The commander of each mili- carry out this part are insufficient to permit section, the State educational agency shall tary installation served by a military char- the Secretary to award not less than 4 grants give priority to local educational agencies ter school assisted under this subtitle shall in accordance with subsections (a) through that demonstrate a high level of need for the establish a nonprofit corporation or an over- (c)— military charter school programs. sight group to provide the applicable local ‘‘(1) subsections (a)(2) and (b)(2) shall not (d) FEDERAL SHARE.— educational agency with oversight and guid- apply; and (1) IN GENERAL.—The Federal share of the ance regarding the day-to-day operations of ‘‘(2) the Secretary may determine the ap- cost described in subsection (a) is 50 percent. the military charter school. propriate number of grants to be awarded in (2) NON-FEDERAL SHARE.—The non-Federal SEC. 1310. AUTHORIZATION OF APPROPRIATIONS. accordance with subsections (a)(1), (b)(1), and share of the cost may be provided in cash or There are authorized to be appropriated to (c). in kind, fairly evaluated, including plant, carry out this subtitle— ‘‘SEC. 5703. APPLICATIONS. equipment, or services. (1) $5,000,000 for fiscal year 2003; ‘‘(a) IN GENERAL.—To receive a grant under SEC. 1307. SUPPLEMENT NOT SUPPLANT. (2) $7,000,000 for fiscal year 2004; this part, an eligible entity shall submit to Funds appropriated pursuant to the au- (3) $9,000,000 for fiscal year 2005; the Secretary an application in such form as thority of this subtitle shall be used to sup- (4) $11,000,000 for fiscal year 2007; and the Secretary may reasonably require. plement and not supplant other Federal, ‘‘(b) CONTENTS.—An application submitted (5) $13,000,000 for fiscal year 2008. State, local, or private funds expended to under subsection (a) shall contain— support military charter school programs. SEC. 1311. TERMINATION. ‘‘(1) a statement identifying the activities SEC. 1308. REPORTS. The authority provided by this subtitle proposed to be undertaken with funds re- (a) STATE REPORTS.—Each State edu- terminates 5 years after the date of enact- ceived under this part, including how the eli- cational agency that receives a grant under ment of this Act. gible entity will determine which military this subtitle shall annually prepare and sub- Subtitle B—Credit Enhancement Initiatives charter schools will receive assistance, and mit to the Secretary a report. The report To Promote Military Charter School Facil- how much and what types of assistance the shall describe— ity Acquisition, Construction, and Renova- military charter schools will receive; (1) the method the State educational agen- tion ‘‘(2) a description of the involvement of cy used to make grants to eligible local edu- SEC. 1321. CREDIT ENHANCEMENT INITIATIVES military charter schools in the application’s cational agencies and to provide assistance TO PROMOTE MILITARY CHARTER development and the design of the proposed to schools under this subtitle; SCHOOL FACILITY ACQUISITION, activities; (2) the specific measurable goals and objec- CONSTRUCTION, AND RENOVATION. ‘‘(3) a description of the eligible entity’s tives described in section 1305(c)(2)(A) for the Title V of the Elementary and Secondary expertise in capital market financing; State as a whole and the extent to which the Education Act of 1965 (20 U.S.C. 7201 et seq.) ‘‘(4) a description of how the proposed ac- State met each of the goals and objectives in is amended by adding at the end the fol- tivities will— the year preceding the submission of the re- lowing: ‘‘(A) leverage private sector financing cap- port; ‘‘PART E—CREDIT ENHANCEMENT INITIA- ital, to obtain the maximum amount of pri- (3) the specific measurable goals and objec- TIVES TO PROMOTE MILITARY CHAR- vate sector financing capital, relative to the tives described in section 1306(b)(2)(L) for TER SCHOOL FACILITY ACQUISITION, amount of government funding used, to as- each of the local educational agencies receiv- CONSTRUCTION, AND RENOVATION. sist military charter schools; and ing a grant under this subtitle in the State ‘‘(B) otherwise enhance credit available to ‘‘SEC. 5701. PURPOSE. and the extent to which each of the agencies military charter schools; ‘‘The purpose of this part is to provide met each of the goals and objectives in that ‘‘(5) a description of how the eligible entity grants to eligible entities to permit the eli- preceding year; possesses sufficient expertise in education to gible entities to establish or improve innova- (4) the steps that the State educational evaluate the likelihood of success of a mili- tive credit enhancement initiatives that as- agency will take to ensure that any such tary charter school program for which facili- sist military charter schools to address the local educational agency that did not meet ties financing is sought; cost of acquiring, constructing, and ren- the goals and objectives in that year will ‘‘(6) in the case of an application submitted ovating facilities. meet the goals and objectives in the year fol- by a State governmental entity, a descrip- lowing the submission of the report, or the ‘‘SEC. 5702. GRANTS TO ELIGIBLE ENTITIES. tion of the actions that the entity has taken, plan that the State educational agency has ‘‘(a) GRANTS FOR INITIATIVES.— or will take, to ensure that military charter for revoking the grant awarded to such an ‘‘(1) IN GENERAL.—The Secretary shall use schools within the State receive the funding agency and redistributing the grant funds to 100 percent of the amount available to carry the schools need to have adequate facilities; existing or new military charter school pro- out this part to award grants to eligible enti- ‘‘(7) an assurance that the eligible entity grams; ties that have applications approved under will give priority to funding initiatives that (5) how eligible local educational agencies this part, to enable the eligible entities to assist military charter schools in which stu- and schools used funds provided by the State carry out innovative initiatives for assisting dents have demonstrated academic excel- educational agency under this subtitle; military charter schools to address the cost lence or improvement during the 2 consecu- (6) the degree to which progress has been of acquiring, constructing, and renovating tive academic years preceding submission of made toward meeting the goals and objec- facilities by enhancing the availability of the application; and tives described in section 1305(c)(2)(A); and loans or bond financing. ‘‘(8) such other information as the Sec- (7) best practices for the Secretary to share ‘‘(2) NUMBER OF GRANTS.—The Secretary retary may reasonably require. with interested parties. shall award not less than 4 grants under this ‘‘SEC. 5704. MILITARY CHARTER SCHOOL OBJEC- (b) REPORT TO CONGRESS.—The Secretary part in each fiscal year. TIVES. shall annually prepare and submit to Con- ‘‘(b) GRANTEE SELECTION.— ‘‘An eligible entity receiving a grant under gress a report. The report shall describe— ‘‘(1) DETERMINATION.—The Secretary shall this part shall use the funds received (1) the methods the State educational evaluate each application submitted, and through the grant, and deposited in the re- agencies used to make grants to eligible shall determine which applications are of serve account established under section local educational agencies and to provide as- sufficient quality to merit approval and 5705(a), to assist 1 or more military charter sistance to schools under this subtitle; which are not. schools to access private sector capital to (2) how eligible local educational agencies ‘‘(2) MINIMUM GRANTS.—The Secretary shall accomplish 1 or more of the following objec- and schools used funds provided under this award at least— tives: subtitle; and ‘‘(A) 1 grant to an eligible entity described ‘‘(1) The acquisition (by purchase, lease, (3) the degree to which progress has been in section 5710(1)(A); donation, or otherwise) of an interest (in- made toward meeting the goals and objec- ‘‘(B) 1 grant to an eligible entity described cluding an interest held by a third party for tives described in sections 1305(c)(2)(A) and in section 5710(1)(B); and the benefit of a military charter school) in 1306(b)(2)(L). ‘‘(C) 1 grant to an eligible entity described improved or unimproved real property that (c) GOVERNMENT ACCOUNTING OFFICE RE- in section 5710(1)(C), is necessary to commence or continue the PORT TO CONGRESS.—The Comptroller Gen- if applications are submitted that permit the operation of a military charter school. eral of the United States shall conduct a Secretary to award the grants without ap- ‘‘(2) The construction of new facilities, or study regarding the demonstration program proving an application that is not of suffi- the renovation, repair, or alteration of exist- carried out under this subtitle and the im- cient quality to merit approval. ing facilities, necessary to commence or con- pact of the program on student achievement. ‘‘(c) GRANT CHARACTERISTICS.—Grants tinue the operation of a military charter The Comptroller General shall prepare and under this part shall be in sufficient school. submit to Congress a report containing the amounts, and for initiatives of sufficient ‘‘(3) The payment of startup costs, includ- results of the study. scope and quality, so as to effectively en- ing the costs of training teachers and pur- SEC. 1309. ADMINISTRATION. hance credit for the financing of military chasing materials and equipment, including (a) FEDERAL.—The Secretary shall develop charter school acquisition, construction, or instructional materials and computers, for a program guidelines for and oversee the dem- renovation. military charter school.

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 27, 2002 CONGRESSIONAL RECORD — SENATE S6193 ‘‘SEC. 5705. RESERVE ACCOUNT. ‘‘(C) an evaluation by the eligible entity of ‘‘SEC. 5711. AUTHORIZATION OF APPROPRIA- ‘‘(a) IN GENERAL.—For the purpose of as- the effectiveness of the entity’s use of the TIONS. sisting military charter schools to accom- Federal funds provided under this part in ‘‘There are authorized to be appropriated plish the objectives described in section 5704, leveraging private funds; to carry out this part $10,000,000 for fiscal an eligible entity receiving a grant under ‘‘(D) a listing and description of the mili- year 2003 and each succeeding fiscal year.’’. this part shall deposit the funds received tary charter schools served by the eligible SEC. 1322. INCOME EXCLUSION FOR INTEREST through the grant (other than funds used for entity with such Federal funds during the re- PAID ON LOANS BY MILITARY CHAR- administrative costs in accordance with sec- porting period; TER SCHOOLS. tion 5706) in a reserve account established ‘‘(E) a description of the activities carried (a) IN GENERAL.—Part III of subchapter B and maintained by the eligible entity for out by the eligible entity to assist military of chapter 1 of the Internal Revenue Code of that purpose. The eligible entity shall make charter schools in meeting the objectives set 1986 (relating to items specifically excluded the deposit in accordance with State and forth in section 5704; and from gross income) is amended by inserting local law and may make the deposit directly ‘‘(F) a description of the characteristics of after section 139 the following new section: or indirectly, and alone or in collaboration lenders and other financial institutions par- ‘‘SEC. 139A. INTEREST ON MILITARY CHARTER SCHOOL LOANS. with others. ticipating in the activities undertaken by ‘‘(a) EXCLUSION.—Gross income does not in- ‘‘(b) USE OF FUNDS.—Amounts deposited in the eligible entity under this part during the clude interest on any military charter school such account shall be used by the eligible en- reporting period. loan. tity for 1 or more of the following purposes: ‘‘(3) SECRETARIAL REPORT.—The Secretary ‘‘(b) MILITARY CHARTER SCHOOL LOAN.—For ‘‘(1) Guaranteeing, insuring, and reinsuring shall review the reports submitted under purposes of this section: bonds, notes, evidences of debt, loans, and in- paragraph (1) and shall provide a comprehen- ‘‘(1) IN GENERAL.—The term ‘military char- terests therein, the proceeds of which are sive annual report to Congress on the activi- ter school loan’ means any indebtedness in- used for an objective described in section ties conducted under this part. curred by a military charter school. 5704. ‘‘SEC. 5708. NO FULL FAITH AND CREDIT FOR ‘‘(2) MILITARY CHARTER SCHOOL.—The term ‘‘(2) Guaranteeing and insuring leases of GRANTEE OBLIGATIONS. ‘military charter school’ means an institu- personal and real property for such an objec- ‘‘No financial obligation of an eligible enti- tion defined as a military charter school by tive. the Secretary of Defense.’’. ‘‘(3) Facilitating financing for such an ob- ty entered into pursuant to this part (such as an obligation under a guarantee, bond, note, (b) CONFORMING AMENDMENT.—The table of jective by identifying potential lending sections for such part III is amended by in- sources, encouraging private lending, and evidence of debt, or loan) shall be an obliga- tion of, or guaranteed in any respect by, the serting after the item relating to section 139 carrying out other similar activities that di- the following: rectly promote lending to, or for the benefit United States. The full faith and credit of of, military charter schools. the United States is not pledged to the pay- ‘‘Sec. 139A. Interest on military charter ‘‘(4) Facilitating the issuance of bonds by ment of funds that may be required to be school loans.’’. military charter schools, or by other public paid under any obligation made by an eligi- (c) EFFECTIVE DATE.—The amendments entities for the benefit of military charter ble entity pursuant to any provision of this made by this section shall apply to taxable schools, for such an objective, by providing part. years beginning after the date of enactment technical, administrative, and other appro- ‘‘SEC. 5709 RECOVERY OF FUNDS. of this Act, with respect to indebtedness in- priate assistance (including the recruitment curred after the date of enactment of this of bond counsel, underwriters, and potential ‘‘(a) IN GENERAL.—The Secretary, in ac- Act. investors and the consolidation of multiple cordance with chapter 37 of title 31, United States Code, shall collect— Ms. LANDRIEU. Madam President, military charter school projects within a sin- there have been many very good gle bond issue). ‘‘(1) all of the funds in a reserve account established by an eligible entity under sec- amendments brought to the floor that ‘‘(c) INVESTMENT.—Funds received under this part and deposited in the reserve ac- tion 5705(a), if the Secretary determines, not have been accepted, which have count shall be invested in obligations issued earlier than 2 years after the date on which strengthened the underlying bill. I or guaranteed by the United States or a the entity first received funds under this want to speak for a moment about this State, or in other similarly low-risk securi- part, that the entity has failed to make sub- amendment in the hopes that, if we ties. stantial progress in carrying out the pur- poses described in section 5705(b); or cannot adopt it today, at least we will ‘‘(d) REINVESTMENT OF EARNINGS.—Any ‘‘(2) all or a portion of the funds in a re- begin a very serious discussion of this earnings on funds received under this part issue. It is an issue that the occupant shall be deposited in the reserve account es- serve account established by an eligible enti- tablished under subsection (a) and used in ty under section 5705(a), if the Secretary de- of the chair has worked on very hard accordance with subsection (b). termines that the eligible entity has perma- on in her career, and many Members on nently ceased to use all or a portion of the both sides of the aisle feel strongly ‘‘SEC. 5706. LIMITATION ON ADMINISTRATIVE funds in such account to accomplish any pur- COSTS. about—that is, education and the qual- pose described in section 5705(b). ‘‘An eligible entity that receives a grant ity of education in our country. under this part may use not more than 0.25 ‘‘(b) EXERCISE OF AUTHORITY.—The Sec- This particular amendment is in rela- percent of the funds received through the retary shall not exercise the authority pro- tion to the quality of education af- grant for the administrative costs of car- vided in subsection (a) to collect from any forded to the hundreds of thousands of eligible entity any funds that are being prop- rying out the eligible entity’s responsibil- dependents of our men and women in ities under this part. erly used to achieve 1 or more of the pur- poses described in section 5705(b). the military. I will begin by expressing ‘‘SEC. 5707. AUDITS AND REPORTS. an overall thought that we are becom- ‘‘(c) PROCEDURES.—The provisions of sec- ‘‘(a) FINANCIAL RECORD MAINTENANCE AND ing wiser and wiser in Congress on this AUDIT.—The financial records of each eligi- tions 451, 452, and 458 of the General Edu- ble entity receiving a grant under this part cation Provisions Act (20 U.S.C. 1234, 1234a, issue of education, recognizing that it shall be maintained in accordance with gen- 1234g) shall apply to the recovery of funds truly is an issue of economic develop- erally accepted accounting principles and under subsection (a). ment. shall be subject to an annual audit by an ‘‘(d) CONSTRUCTION.—This section shall not It truly is an issue of strengthening independent public accountant. be construed to impair or affect the author- our Nation. We cannot have an eco- ‘‘(b) REPORTS.— ity of the Secretary to recover funds under nomically strong and militarily secure ‘‘(1) ELIGIBLE ENTITY ANNUAL REPORTS.— part D of the General Education Provisions nation moving in a progressive way Each eligible entity receiving a grant under Act (20 U.S.C. 1234 et seq.). without an excellent school system. No this part annually shall submit to the Sec- retary a report of the eligible entity’s oper- ‘‘SEC. 5710. DEFINITIONS. matter where a child is born—rural or ations and activities under this part. ‘‘In this part: urban, on the east coast or west coast— ‘‘(2) CONTENTS.—Each such annual report ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible if we do not do a better job as a nation shall include— entity’ means— of giving our children a quality edu- ‘‘(A) a copy of the eligible entity’s most re- ‘‘(A) a public entity, such as a military in- cation, the future of our Nation will cent financial statements, and any accom- stallation as defined in section 2687(e)(1) of not be as bright, and it could put us in panying opinion on such statements, pre- title 10, United States Code; jeopardy. pared by the independent public accountant ‘‘(B) a private nonprofit entity; or I also make the argument that for auditing the financial records of the eligible ‘‘(C) a consortium of entities described in our military, the same holds true. It is entity; subparagraphs (A) and (B). ‘‘(B) a copy of any report made on an audit ‘‘(2) MILITARY CHARTER SCHOOL.—The term not just about providing our military of the financial records of the eligible entity ‘military charter school’ has the meaning with the most extraordinary weapons. that was conducted under subsection (a) dur- given such term by regulations promulgated It is not just about training our mili- ing the reporting period; by the Secretary of Defense. tary men and women to the highest

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6194 CONGRESSIONAL RECORD — SENATE June 27, 2002 levels. It is not just providing them the community, they can keep up as one This is a school we are building and basics in terms of fair compensation school might require 3 years of a for- will actually be cutting the ribbon for and health care. We have an obligation eign language or 2 years of algebra or 1 this week in Belle Chasse, LA. This is to make sure, when our men and year of algebra, or a whole different a state-of-the-art, brandnew public women sign up to be in our military curriculum. That is part of this amend- school in Plaquemines Parish. and they have made these sacrifices, ment. It is something about which There is a very important naval re- that we provide them, between the De- military families feel very strongly. I serve base there. It is 90,000 square feet, partment of Defense and the Depart- hope that with this new pilot program 37 classrooms, a gymnasium, cafeteria, ment of Education, a quality education to help create charter schools with a a media center, a youth center, admin- for their children. new academic passport, we can begin to istrative offices, and although one can- When we send our soldiers into bat- focus some of our resources—again, not not tell exactly from this picture, won- tle, we want them focused on the battle all within the Department of Defense; derful classrooms and a very high-tech and mission at hand. We do not want some of this is within the jurisdiction communication and computer system. them worried, as they naturally would of the Department of Education—to Six hundred of the children from this be, about spouses and dependents at create something exciting and wonder- military base will be able to attend a home, about their happiness, about ful for these 800,000 children. state-of-the-art school that was built their comfort, about their security. It Madam President, 600,000 of these in a public-private partnership. I am makes our military stronger when we children are in public schools today, at very hopeful this model, based on this provide good, quality-of-life issues for great stress sometimes to those public amendment—which, again, I am offer- their families at home. One of the ways districts; 100,000 of these children are ing only for consideration and will ask we can do that is by improving the either in private schools or are home to be withdrawn in a moment so we can schools for military dependents. schooled; and only 32,000 of the 800,000 consider it at a future time—will be There are over 800,000 children who are in Department of Defense schools. something we can share with the rest are military dependents out of an over- As shown on this map, these schools of the Nation and help build opportuni- all force strength of 1.4 million adults are concentrated in a few States. There ties for our military dependents to go connected to the military. Many of are only 32,000 children, as I said, of to excellent schools and to help the them are school-age children. Because 800,000 dependents. Some of them are local school districts to give non- of the specific demands of our military, overseas; approximately 73,000 are military children an opportunity to at- which are very unlike the civilian sec- overseas; 32,000 of our military children tend world-class, first-class centers of tor because of the way it is structured, are in schools in New York, Kentucky, education. many move every 2 years. Some mili- Virginia, North Carolina, South Caro- I think we can work all day long on tary move from the east coast to the lina, Georgia, and Alabama. pay raises, on building more ships, and west coast, moving families with them. As my colleagues can see, dependent on building a stronger Air Force, but It is very difficult providing an excel- children of military personnel are in truly I think focusing on educational lent education generally, and yet the public schools throughout the country. opportunities, both for the adults in military has even more challenges. Sometimes they are good public our military but particularly for their What is the solution? I offer this schools; sometimes they are not so children, will help us build morale, amendment—and hopefully we will good. We are working hard to make help us improve retention, will help us begin discussing it—to strengthen our every public school excellent, but I strengthen our military in the inter- military schools in the United States think we have a special obligation to mediate and the long term, and it is something that, with a little creativity in a creative way. This amendment will our military families to make sure and a little bit of thinking outside of set up the possibility of a pilot pro- that those children are getting an ex- the box, I am convinced we could fi- gram to help create military charter cellent education. schools around the Nation in partner- I would like to tell you why with a nance the construction of these schools ship with local public school systems chart that shows the percentage and by reordering some of the streams of to provide an opportunity not only for status of degrees among the general revenue and end up coming out with our military dependents, but this population and our military popu- some excellent facilities around this Nation to serve both our military and framework will also help communities lation. our nonmilitary families and do a great that have a large military presence. If you look at the general population, job for our Defense Department and a The benefit overall is that the commu- nonofficers in our military, 91.5 percent great job for our country. That is what nity gets a better school, a school that have only a high school degree or this amendment does. has the opportunity to provide an ex- GED—91 percent. In our general popu- cellent education. lation, it is about 80 percent—20 per- AMENDMENT NO. 3975 WITHDRAWN The second benefit is that our mili- cent have college degrees or above; 75 Ms. LANDRIEU. I ask unanimous tary children have that opportunity, as to 80 percent have only high school. consent that amendment No. 3975 be well as the children whose families This is a very upwardly mobile group withdrawn until a further time. The PRESIDING OFFICER. The might not have any connection to the of Americans. These are men and amendment is withdrawn. military. It gives them an introduction women with great discipline, great pa- Ms. LANDRIEU. I suggest the ab- into what military life can be like. triotism, great commitment to the Na- sence of a quorum. This is a partnership. It is a pilot tion. Obviously, they are serving their The PRESIDING OFFICER. The program that will help establish char- country, but they are committed to clerk will call the roll. ter schools, and that is basically what their families and their communities. The legislative clerk proceeded to this amendment attempts to do. As one can see, the officers exceed call the roll. Also with this amendment, which is the general population at large. Almost Ms. COLLINS. Madam President, I an important consideration for mili- 40 percent have advanced degrees; 50 ask unanimous consent that the order tary children as they move from com- percent or more have bachelor degrees. for the quorum call be rescinded. munity to community, there is created This is a very upwardly mobile popu- The PRESIDING OFFICER. Without for the first time what we call an aca- lation. If we can provide excellent objection, it is so ordered. demic passport. It helps to stabilize schools and opportunities for this 91 Ms. COLLINS. Madam President, I and standardize the curriculum with- percent, I think we will be doing a very rise today to speak on one of the most out micromanaging, without dictating good job in helping to strengthen our important pieces of legislation that we what the curriculum should be. It tries military but also helping our country will consider this year; that is, the Na- to set up a new approach or a new be a better place. It is truly something tional Defense Authorization Act for framework for our local elementary on which we should focus more. Fiscal Year 2003. This important bill and secondary education districts for In conclusion, let me show a picture authorizes funding to strengthen our use throughout the country to set up a of a school of which I am very proud. It military, to address the challenges of standardized curriculum so that if chil- might be one of the first military char- today, and to anticipate the threats of dren have to move from community to ters, if not the first, in the Nation. tomorrow.

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 27, 2002 CONGRESSIONAL RECORD — SENATE S6195 We are a nation at war. This bill rec- the shipbuilding shortfalls that this ad- alone will have the opportunity to bid ognizes the critical role that our ministration inherited from the pre- on. This new multi-year procurement Armed Forces play in the war against vious administration. contract will be the largest contract terrorism and in securing our home- The Navy’s shipbuilding program award in Bath’s history. Let me state land. It will help ensure that our simply is not adequate to meet the that again, this pending multi-year troops are better paid, better housed, needs of a more dangerous world. I am contract will be the largest contract and better equipped than ever before. I particularly concerned about the awarded in Bath’s history, and begin to had the privilege of visiting our troops under-funding of the Navy’s destroyer, remedy the shortfall in our naval fleet. in central Asia last January. I was a or ‘‘DDG–51’’ program, which serves as While the debate continues on how to member of the first bipartisan Senate the backbone of the Navy’s surface transform our armed forces, the Senate delegation to visit our troops on the fleet. This bill fully funds only two is taking action to support our armed front lines in the war zone. I was in- DDG–51s next year despite the clear forces and the administration’s prior- spired by the patriotism and profes- need for a third. I am therefore pleased ities. I would like to take this oppor- sionalism of our men and women in that the Senate version of the bill does tunity to acknowledge and thank uniform. include an increase of $125 million Chairman LEVIN and our senior Repub- As long as they know our Nation is above the administration’s request to- lican, Senator WARNER, for their tire- united behind them, they are willing to ward the procurement of an additional less efforts to tackle the tough issues bear any hardship no matter how much-needed destroyer. and produce an authorization bill that harsh, undertake any mission no mat- During the committee markup, Sen- funds a number of critical priorities ter how dangerous, and willingly risk ator WARNER, with my strong support, and provides support for the men and their lives each and every day just by offered an alternative shipbuilding pro- women of our armed forces. doing their jobs. posal that would have provided even Our armed forces stand ready. Now it The obligation on us, in return, is more to meet the need for more ships is our responsibility to equip and sup- clear. The legislation before the Senate through an additional $1 billion. Also, port our men and women to meet the recognizes our obligation to improve the alternative would have provided threats and challenges of today and the quality of service for our American multi-year authority and additional those of tomorrow. forces who need and deserve the finest advanced procurement for several ship- I believe the legislation before us is a equipment and the best resources to building programs. Further, it would strong step in the right direction, and combat any threat. have restored $690 million of the al- I am pleased to have had an oppor- For example, the bill includes a 4.1- most $900 million cut in various missile tunity to shape this legislation as a percent across-the-board pay raise for defense programs. I am very dis- member of the Senate Armed Services our military personnel and an increase appointed that this shipbuilding initia- Committee. in the housing allowance that will re- tive was rejected in committee on a I yield the floor and I suggest the ab- duce the average out-of-pocket ex- straight party-line vote as, ultimately, sence of a quorum. penses for off-post housing to 7.5 per- there will be a high price to pay if this The PRESIDING OFFICER. The cent in 2002. This represents significant shipbuilding trend is not reversed. We clerk will call the roll. progress toward the goal of elminiating are making some progress. The out- The assistant legislative clerk pro- by 2005 the need for our military per- year budgets for the Department of De- ceeded to call the roll. sonnel to reach into their own pockets fense have improved markedly in in- Mr. REID. Madam President, I ask to pay for housing. I also support, and vesting more resources into rebuilding unanimous consent that the order for cosponsored, an amendment adopted by our Naval Fleet. the quorum call be rescinded. the Senate earlier this week that will I am encouraged and optimistic, how- The PRESIDING OFFICER. Without repeal the prohibition on concurrent ever, that the Navy and its industry objection, it is so ordered. receipt of non-disability retired mili- partners have heard our concerns about Mr. LEVIN. Madam President, On tary pay and veteran’s disability pay this egregious shortfall. Just recently May 14, Department of Defense offi- for our military retirees, eliminating an agreement was reached by the Navy, cials announced that they intended to an inequity and allowing these vet- General Dynamics and Northrop Grum- classify details of future flight tests of erans to collect the full amount they man Ship Systems to transfer ship con- the national missile defense system. have earned. struction between the two corpora- This occurred after the Senate Armed This bill also begins to address the tions’ shipyards. The terms of this Services Committee had completed its needs and concerns of our reserve agreement is based on adding two addi- work on the Defense authorization bill, forces. Specifically, it includes a study tional DDG ships to the Navy’s FY 2003 so we were unable to address this issue that will require the Department of De- shipbuilding plan, which will be award- in the committee version of the bill. fense to assess the compensation and ed to the Bath Iron Works in my State. The issue needs to be addressed, how- benefits of our reservists, who have Bath Iron Works has a long tradition of ever. been called upon more and more to producing quality ships for the Navy. The administration claims that plac- serve our country and protect our free- This agreement will immediately ing a shroud of secrecy around the na- doms. Under the total force concept, transfer DDG 102 to the Bath Iron tional missile defense testing program more than 80,000 Selected Reserve and Works facility for construction. is necessary to prevent details of its National Guard personnel are now on Further, as a result of this agree- operation from being revealed to po- active duty, nearly 9 months after the ment, the Navy is expected to realize tential enemies. One can argue whether attacks of September 11. This study is significant net cost savings on these such secrecy is truly needed, since we the first step to ensuring that our re- programs, which could then be used to are many years away from deployment servists receive the compensation and further invest in additional ship- an effective national missile defense benefits that are proportional to the building initiatives. The increased systems. commitment and services that they number of DDGs at Bath should pro- What is not arguable is that Congress provide. vide increased stability and predict- has a right and obligation to know the While the bill reflects significant in- ability at the yard, and maintain the results of such critical tests, regardless vestments in our national defense—in- critical surface combatant work force of whether they are classified. cluding a significant increase to re- for the industrial base to remain com- The amendment offered by Senator spond to the attacks of September 11— petitive for the DD(X) family-of-ships. REED and myself would ensure that it will take several years of sustained The swap agreement has also led to Congress gets regular reports, classi- increases in defense spending to com- discussions and a tentative agreement fied as necessary, on the results of each pletely recover from the ‘‘procurement on the price and terms of a new DDG national missile defense flight test, 120 holiday’’ of previous years. multi-year procurement. This contract, days following the test. I stand with the majority of the once awarded, will provide seven ships The reports should describe the ob- Armed Services Committee that be- over the next four years, including jectives of each test, and whether the lieves more needs to be done to address three DDG swap option ships that Bath objectives were met. Such information

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6196 CONGRESSIONAL RECORD — SENATE June 27, 2002 is absolutely essential for Congress to The amendment (No. 4029), as modi- Mr. REID. It takes the staff a while be able to understand and evaluate the fied, is as follows: to do the unanimous consent request. performance of the national missile de- On page 34, after line 23, insert the fol- It will take 15 or 20 minutes to do that. fense system. lowing: Mr. LEVIN. If the Senator from Ne- The word in the modified amendment SEC. 226. REPORTS ON FLIGHT TESTING OF vada will yield for an additional ques- is ‘‘thorough.’’ This amendment en- GROUND-BASED MIDCOURSE NA- tion, there are a number of amend- TIONAL MISSILE DEFENSE SYSTEM. sures that constitutionally mandated (a) REQUIREMENT.—The Director of the ments which I understand may be oversight will, in fact, continue to be United States Missile Defense Agency shall worked out between now and 2 o’clock. respected. submit to the congressional defense commit- Mr. WARNER. The Senator is cor- I hope all of my colleagues will sup- tees a report on each flight test of the rect. port this important amendment. Ground-based Midcourse national missile de- Mr. REID. We would make sure that The PRESIDING OFFICER. The Sen- fense system. The report shall be submitted any consent allows that to take place. ator from Rhode Island. not later than 120 days after the date of the The PRESIDING OFFICER. The Sen- AMENDMENT NO. 4029 test. ator from Rhode Island is recognized. (b) CONTENT.—A report on a flight test Mr. REED. Madam President, I thank Mr. REED. Madam President, I call under subsection (a) shall include the fol- up amendment No. 4029. the Senator from Virginia for his help lowing matters: and cooperation, and the Senator from The PRESIDING OFFICER. The (1) A thorough discussion of the content clerk will report. and objectives of the test. Michigan for his accommodation. The assistant legislative clerk read (2) For each test objective, a statement re- This is an amendment that responds as follows: garding whether the objective was achieved. to an announcement made by the Mis- The Senator from Rhode Island [Mr. (3) For any test objective not achieved— sile Defense Agency shortly after the REED] for himself and Mr. LEVIN proposes an (A) a thorough discussion describing the conclusion of our committee delibera- amendment numbered 4029. reasons for not achieving the objective; and tions. The announcement was that Mr. REED. Madam President, I ask (B) a discussion of any plans for future they would classify the details of all unanimous consent that reading of the tests to achieve the objective. future flight tests of the national mis- (c) FORMAT.—The reports required under amendment be dispensed with. sile defense system—now called the subsection (a) shall be submitted in classi- land-based midcourse system. The PRESIDING OFFICER. Without fied form and unclassified form. objection, it is so ordered. I believe Congress needs information The amendment is as follows: Mr. REED. I thank the Senator from of that kind. I also believe those un- Virginia for his help on this amend- (Purpose: To require a report on the results classified portions of the tests should of each flight test of the Ground-based ment. be available to a broader community, Midcourse national missile defense system) I think this is an opportune time to particularly the scientific community. On page 34, after line 23, insert the fol- call for passage of the amendment The amendment that has been agreed lowing: prior to any other discussion at this to and included in this bill would re- SEC. 226. REPORTS ON FLIGHT TESTING OF time. I urge passage of the amendment. quire the Missile Defense Agency to GROUND-BASED MIDCOURSE NA- The PRESIDING OFFICER. Is there provide to the Congress within 120 days TIONAL MISSILE DEFENSE SYSTEM. further debate? a thorough report of the details of the (a) REQUIREMENT.—The Director of the Mr. WARNER. We have no objection, tests. And it would include both an un- United States Missile Defense Agency shall Madam President. submit to the congressional defense commit- classified format and a classified for- tees a report on each flight test of the The PRESIDING OFFICER. Without mat so that those items the Defense Ground-based Midcourse national missile de- objection, the amendment is agreed to. Department and the Missile Defense fense system. The report shall be submitted The amendment (No. 4029), as modi- Agency believes should be secret will not later than 90 days after the date of the fied, was agreed to. be kept secret, and it will be reported test. Mr. LEVIN. Madam President, I to us in a classified form. (b) CONTENT.—A report on a flight test move to reconsider the vote. Let me say that one of the persistent under subsection (a) shall include the fol- Mr. WARNER. I move to lay that mo- lowing matters: criticisms of the first test of the mis- tion on the table. sile defense system—the land-based (1) A detailed discussion of the content and The motion to lay on the table was objectives of the test. midcourse system—was the fact that (2) For each test objective, a statement re- agreed to. the tests were unrealistic. In fact, this Mr. LEVIN. Madam President, I con- garding whether the objective was achieved. criticism—particularly by the sci- (3) For any test objective not achieved— gratulate the Senator from Rhode Is- entific community—led the Missile De- (A) a detailed discussion describing the land on his amendment. I think he may fense Agency to adopt a much more re- reasons for not achieving the objective; and want to take a minute to describe it. I alistic, thorough, and exhaustive test (B) a discussion of any plans for future will yield the floor for that purpose, process for our missile defense system. tests to achieve the objective. and then I would like to add a com- That criticism, in effect, has been (c) FORMAT.—The reports required under ment on it of my own. subsection (a) shall be submitted in unclassi- very helpful to the development of the fied form, with a classified annex as nec- I yield the floor. national missile defense. I think it is essary. Mr. REID. Madam President, I have something that should be encouraged— spoken to the two managers of the bill. AMENDMENT NO. 4029, AS MODIFIED certainly not discouraged. Mr. REED. Madam President, I also It appears this is the last hurdle before This view is also shared widely in at this time seek unanimous consent to final passage of this legislation. The many other places. Yesterday USA send a modification of the amendment staff is working now on a unanimous Today had an editorial which said ‘‘The to the desk and have it reported. consent agreement. We will have final Pentagon policy wrongly shields mis- The PRESIDING OFFICER. Is there passage at or around 2 o’clock today. sile defense data.’’ objection? Mr. LEVIN. Sounds good. They went on to point out that past Mr. WARNER. Madam President, re- Mr. WARNER. Madam President, scientific commentary about the per- serving the right to object—I shall may I say to the distinguished leader formance of weapons systems has been not—the Senator submitted the amend- that we have, as I am sure each man- very valuable in terms of improving ment to me. I have been in consulta- ager has, tried to contact all offices those systems. They point specifically tion with the Department of Defense. and all Senators who have expressed to the Patriot system. Initially, the We came back with certain modifica- any desire to either speak or submit Defense Department claimed that the tions. The Senator has modified this amendments otherwise. But, as I un- Patriot was wildly successful in the amendment consistent with those rec- derstand it, we will hopefully vote gulf war. ommendations that I received from the around 2 o’clock. Can we allow a rea- It turned out that a scientist at MIT Department of Defense. sonable period such that if there is was able to look at some of the news I have no objection to the Senator anything I have left undone Senators video. He observed, based on his sci- modifying the amendment. may contact me, or reciprocate on entific training, that these claims were The PRESIDING OFFICER. Without your side? Perhaps we can get a unani- dubious. In fact, he proved to be cor- objection, the amendment is so modi- mous consent request in 15 or 20 min- rect. Once the Pentagon publicly ac- fied. utes to lock in the vote at 2 o’clock. knowledged that the effectiveness of

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 27, 2002 CONGRESSIONAL RECORD — SENATE S6197 the Patriot was not as they had origi- with the kill vehicle and the enemy fense system, what we used to call the nally claimed, it was the beginning of warhead much more realistic than the national missile defense system. This serious work to accelerate the develop- tests were at that stage. That is being amendment would add an additional ment of additional improvements. That done, not solely because of the UCS three to five reports a year to the long improvement is now the PAC–3 system, recommendation, but certainly it and continually growing list of reports a much more capable system. helped move along, I think, the con- that the Missile Defense Agency must I believe honestly that the Defense centration on more realism. submit to Congress annually. Department would have tried to move They also talked about more realistic Last year, at the insistence of our to a better version of Patriot anyway, test conditions. Some of these things majority, the defense authorization act but certainly the public scrutiny of do not strike me, at this juncture, as required several reports to Congress on this type of information helped that particularly sensitive information. missile defense. I strove, with some process move forward much more expe- They talked about the geometry of success, to assure that those reports ditiously. the interception, whether it is the were consistent with what Congress re- As USA Today points out, we could same flight track for the enemy war- quires of other defense programs. This spend up to $100 billion under the ad- head as well as for the interception ve- year, the bill our majority crafted in ministration’s missile defense plan. As hicle, the kill vehicle. committee imposes five new reporting they say: The time of day: If we are only test- requirements related to missile de- Taxpayers deserve assurances beyond the ing at the same time of day, when at- fense, including annual operational as- Pentagon’s word that the system works. mospheric conditions and sunlight or sessments on research and development This is particularly important when, starlight are most opportune to dis- programs, annual assessments of mili- at the same time the Missile Defense criminate a warhead from decoys, that tary requirements for all Missile De- Agency is talking about putting a is not a realistic test. fense Agency programs, and detailed much broader cloak of secrecy around The weather conditions: Are we test- cost information on several missile de- what they do, they are also saying they ing in foul weather as well as fair fense programs—information, I might want to have a contingent deployment weather? add, that in some cases simply isn’t of missile systems as early as 2004. The flyout range, the altitude of the available. Again, some of these tests are not intercept—there are many things that My specific concerns are, as follows: even scheduled to take place until are very important. And we should First, this amendment requires a re- after that date. Yet they are talking have an idea, on an unclassified and port on every single flight test of the about a system in which they want to classified basis, of these parameters. national missile defense system. I am have something ready by 2004. And the scientific community should unaware of any other program in the I fear that the pressure to put some- at least have an indication, on an un- Department of Defense for which we in thing in the field by 2004 will overcome classified basis, of what is taking Congress impose such detailed report- the willingness to be as clear and place. ing requirements. As I stated earlier, transparent as you want them to be I believe the amendment is impor- my intent last year was to make re- about these tests. tant. It is useful. I am extraordinarily porting requirements on missile de- I hope this amendment will reinforce pleased that the ranking member, the fense programs consistent with those the Defense Department’s view that Senator from Virginia, was helpful in for other defense programs. these details are useful for the Con- getting this done so expeditiously. Second, this amendment adds to the gress and, in unclassified form, useful One final point, we are simply codi- already substantial reporting burden for the scientific community. fying what I believe and what I know on the Missile Defense Agency. I would As a former director of operational to be the intent of the Department of note that the Secretary of Defense, in testing, Phil Coyle, stated in a Wash- Defense. a letter to Chairman LEVIN and me, in- ington Post article, on June 11, the new In that same USA Today article pre- formed us that our bill, even prior to classification policy that is being pro- viously mentioned, Secretary Aldridge this amendment, ‘‘would impose a posed by the Missile Defense Agency is, wrote: in his words, ‘‘not justified by either number of burdensome statutory re- There is not now, and can never be, any strictions that would undermine our the progress and tests so far or by the component of this missile defense program realisms of the test.’’ classified beyond the reach of the security ability to manage the [missile defense] We are still at a very rudimentary clearances of its congressional overseers. program effectively.’’ The Office of stage, a stage in which details of the Congress’ constitutionally mandated over- Management and Budget reiterated test will help inform the Congress, will sight will always be respected. this view. A few moments ago, I spoke help inform scientific observers, and, I That constitutionally mandated to General Kadish, the Director of the hope, will help us keep this system on oversight has been codified in this Missile Defense Agency, who echoed track and keep the system, in effect, amendment. these concerns even as he reiterated honest, so that if people are looking I yield the floor. his willingness to provide Congress closely, all the t’s will be crossed and The PRESIDING OFFICER (Mr. with all information on tests to facili- all the i’s dotted. EDWARDS). The Senator From Virginia. tate our legitimate oversight function. I must also say, at this point, too, Mr. WARNER. Mr. President, I make Third, Congress already has a process that General Kadish, particularly, has these few remarks concerning the Reed to gain all the information that it de- committed himself and budget dollars amendment now before the Senate. sires on a test or tests. We need simply to ensure that a much more realistic With the modifications that I have ask for a report or a briefing, and the and much more rigorous form of test- proposed and the majority has accept- Missile Defense Agency has responded, ing is employed. That is commendable ed, I am not objecting to the inclusion is responding, and will respond. I have and, indeed, is supported in the under- of this amendment in the defense au- heard no allegation that information lying legislation by our authorization. thorization bill. These modifications on tests has been denied to the appro- Testing and reporting of results is were at the request of the Department priate committee, or is not available very important because, as I mentioned of Defense. But I do have concerns with on request. many times, the comments of outside its substance, concerns that are shared I fully concur with those who believe authorities, scientists, are very useful. by the Administration and, specifi- that Congress should have access to all The Union of Concerned Scientists, for cally, the Director of the Missile De- relevant information related to missile example, prepared a report about the fense Agency. defense tests. I have relayed the assur- first several tests of the ground-based This amendment offered by Senator ances I received that the Missile De- midcourse system. They made several REED would require the Director of the fense Agency will provide us with this valuable suggestions. Missile Defense Agency to submit a re- information. All members, and staff First, they suggested that you make port to the congressional defense com- with appropriate clearances, will have the end game more realistic. By that, mittees on each flight test of the access to this information. Indeed, they meant we make the engagement ground-based midcourse missile de- Committee staff received a classified

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6198 CONGRESSIONAL RECORD — SENATE June 27, 2002 briefing related to targets and counter- I further ask unanimous consent that number of Senators, including several measures prior to the last long-range with respect to S. 2515, S. 2516, and S. on our Armed Services Committee, missile defense test. 2517, as passed, that if the Senate re- concerning a requirement that the De- In the interest of comity and the de- ceives a message from the House with partment of Defense will do an inves- sire to complete work on this impor- regard to any of these measures, the tigation and will report to the Con- tant legislation expeditiously, I will Senate insist on its amendment or dis- gress on a regular basis about the bio- not oppose inclusion of this amend- agree to the House amendment, and logical and chemical testing that may ment in the pending bill. I will work agree to or request a conference with have put some of our service men and during our conference with the House the House on the disagreeing votes of women and, indeed, some civilians in to improve the provisions on missile the two Houses; and that the Chair be harm’s way. defense. authorized to appoint conferees on the Certainly, that wasn’t the original Mr. President, we had to handle this part of the Senate. intent when these tests were conducted amendment very expeditiously in order The PRESIDING OFFICER. Is there back in the fifties, sixties, and seven- to achieve our 2 o’clock objective to objection? ties. But, indeed, that has been the have final passage. I did review it very Mr. WYDEN. Reserving the right to upshot of what we now find out, in carefully with the Department of De- object. some cases, 30, 40 years later—even a fense. We did make the technical The PRESIDING OFFICER. The Sen- half century later—that there may changes. But I would have to say that ator from Oregon. have been exposure that is causing our I hope there is no inference, from this Mr. WYDEN. Mr. President, I wish to veterans to now need to know what the amendment as it now has been amend- discuss with the distinguished leader whole truth is in order to fix the past ed, that the Department would not from Nevada and the chairman of the mistakes where veterans have been ex- have responded to the Congress had the committee and the distinguished mi- posed to toxic substances, particularly Congress requested any information nority member the amendment I have from this chemical and biological test- ing, and to get full disclosure of this under any tests. with Senator SMITH. So the amendment points up the im- This is an extremely important testing because it has been classified portance of and the interest in the Con- amendment. We have been trying to over the past number of decades. The gress, but at the same time Congress work out the details with respect to veterans of this country certainly have could have obtained the same informa- the majority and minority. I want to a right to know, particularly with re- tion, as required by this amendment, make sure that our right to offer that gard to getting them to come in and had it taken the initiative. Am I not amendment is protected. get the health care they need if, in correct in that, I ask the Senator? It is not clear to me, with respect to fact, the health care is required. Now, that is a general statement. Let Mr. REED. If the Senator will yield, the unanimous consent request posed me kind of flush it out with some spe- you are absolutely correct. What I by the distinguished Senator from Ne- cifics. In the sixties and the seventies, would suggest is, because of the highly vada, that our right to offer the ships of ours in the Pacific were gassed technical nature of the whole program, Wyden-Smith amendment, which is of with biological and chemical sub- often we do not know what questions enormous importance to the State of stances and, in some cases, simulants to ask at times. As a result, with this Oregon, would be protected. If I could or simulations of those substances. reporting requirement, I think we will yield to the distinguished chairman That was a program under the acronym fulfill our constitutional obligation. and ranking member so this point of SHAD, Shipboard Hazard and De- I guess I would respond, finally, by could be clarified, I am speaking on be- fense. It was ostensibly to test those saying there is a saying from a famous half of both myself and the Senator ships’ ability to react and protect poet from New England, Robert Frost: from Oregon. themselves if an enemy came out and ‘‘Good fences make good neighbors.’’ Mr. REID. Mr. President, I suggest suddenly tried to put these biological Perhaps if we look at this as a good the absence of a quorum. or chemical agents on our ships in fence, we will be better neighbors with The PRESIDING OFFICER. The order to immobilize and to kill our our friends in MDA. clerk will call the roll. Navy. The PRESIDING OFFICER. The Sen- The assistant legislative clerk pro- In some cases, we were told these ator from Nevada. ceeded to call the roll. were not the actual materials, such as Mr. REID. Mr. President, I was in dis- Mr. REID. Mr. President, I ask unan- nerve gas, but that it was a simulant of cussion with the President pro tempore imous consent that the order for the nerve gas. Years later, decades later, of the Senate on something very im- quorum call be rescinded. we are finding that these simulants portant; and that is when he is going to The PRESIDING OFFICER. Without that were used are having an effect on give his Fourth of July speech, at objection, it is so ordered. the people who were sprayed; and, in- which I try to be present every year. I Mr. REID. Mr. President, I ask unan- deed, there actually may have been think we may be fortunate enough that imous consent the Senator from Flor- some exposure to the actual chemical the Senator may give that speech this ida be recognized for 5 minutes as in and biological agents instead of just afternoon when we finish this bill morning business. the simulants. There were 113 of these sometime. The PRESIDING OFFICER. Without tests. Only 6 have been declassified. Of I think I am now in a position to objection, it is so ordered. those 6, a population of 4,300 veterans enter a unanimous consent request for Mr. WARNER. Reserving the right to have been identified to be contacted this bill. object, it is my understanding there is and, to date, only 622 have been written Mr. President, I ask unanimous con- no amendment connected with this; is to when the Department of Defense de- sent that following passage of S. 2514, that correct? classified it, gave it to the Veterans’ it be in order for the Senate to con- Mr. NELSON of Florida. It is an Administration. They wrote the letters sider, en bloc, the following calendar amendment that has already been and said: If you are having any effects, items: Nos. 371, 372, 373—these are S. adopted. come into the veterans medical facil- 2515, S. 2516, and S. 2517—that all after Mr. WARNER. I thank the Senator. ity. Of those 622, a good number of the enacting clause be stricken in each The PRESIDING OFFICER. The Sen- them were in Florida, which is how I bill, and that the following divisions of ator from Florida. first started hearing about this. S. 2514, as passed by the Senate, be in- Mr. NELSON of Florida. Mr. Presi- Senator CLELAND will have hearings serted in lieu thereof, as follows: S. dent, I wanted to again thank the lead- this fall on this very same issue, but 2515, division A; S. 2516, division B; and ership of our Armed Services Com- what we are going to look into in this S. 2517, division C; that the bills be mittee, the distinguished Senators amendment, just attached last night to read three times, passed, and the mo- from Michigan and Virginia, respec- DOD, is the shipboard gassing in the tion to reconsider be laid upon the tively, the chairman and ranking mem- sixties and seventies. table, en bloc; that the consideration of ber of our committee, for the accept- What Senator CLELAND’s committee these items appear separately in the ance last evening of an amendment I is going to look into is the overall test- RECORD. had offered that was cosponsored by a ing because, lo and behold, I started

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 27, 2002 CONGRESSIONAL RECORD — SENATE S6199 getting all of these ruminations com- The PRESIDING OFFICER. Without logical weapons programs. Based on ing out of Florida about some mys- objection, it is so ordered. media reports, we know these nations terious tests that were conducted in Mr. LEVIN. Mr. President, I under- include Iraq, Iran, and North Korea. In the fifties at the old Boca Raton Air- stand Senator HUTCHINSON has some re- 1998, the Department of Defense insti- field, an old World War II airfield, and marks he would like to give in offering tuted a program to vaccinate all uni- an 85-acre parcel to the north that ap- an amendment, and then after 10 min- formed military personnel against an- parently is still undeveloped. But guess utes he will withdraw that amendment. thrax, but because of the debacle that what has grown up around it. Florida I want to make sure he is in agreement has occurred since then, the resulting Atlantic University, one of our major with this before I ask unanimous con- vaccine shortage, that program was universities, was built on this site. The sent. curtailed and is only now beginning to Boca Raton Airport, one of the major I ask unanimous consent that Sen- get back in motion. general aviation airports in Florida, is ator HUTCHINSON be recognized for 10 Today, only 526,000 service members right there. minutes to offer an amendment, and have received any vaccine doses. The When I requested this information then at the end of that 10 minutes to vast majority of these have received from the DOD back in February, as the withdraw the amendment. fewer than the recommended six doses. junior Senator from Florida, DOD The PRESIDING OFFICER. Without Soon it is expected that DOD will an- wrote back and said it is classified. objection, it is so ordered. nounce a new anthrax policy whereby Well, thank goodness that Senator The Senator from Arkansas. only troops being deployed to so-called LEVIN, our chairman, has tasked Sen- AMENDMENT NO. 4069 high-risk areas will be vaccinated. I ator CLELAND, our Personnel Sub- Mr. HUTCHINSON. Mr. President, I look forward to learning what areas committee chairman, to get into this call up amendment No. 4069. are designated as high-risk areas. because our committee is clearly capa- The PRESIDING OFFICER. The Given what occurred on 9–11, even the ble of handling classified information. clerk will report. Pentagon itself should qualify. So I want the leadership to know how The senior assistant bill clerk read as The tragedy of this situation is that much I appreciate them doing this so follows: there is no reason for us to be in this the veterans will have full disclosure— The Senator from Arkansas [Mr. HUTCH- position. The DOD over a decade ago were they in harm’s way?—now that we INSON] proposes an amendment numbered realized our nation needed a reliable are just finding out three and four dec- 4069. source of vaccine. The private sector is ades later, certainly incited by these Mr. HUTCHINSON. Mr. President, I simply unable to meet the requirement letters that, as we speak, are being ask unanimous consent that the read- for vaccines against biological weap- mailed out to these veterans all over ing of the amendment be dispensed ons. The production of these products the country. with. is not profitable, the need is too small, Thanks to the chairman and the The PRESIDING OFFICER. Without the infrastructure costs are too high, ranking member, they accepted this objection, it is so ordered. and the liability is too great. amendment, which will be etched into The amendment is as follows: law in our DOD authorization bill. There is no greater proponent of the At the end of subtitle A of title III, add the private sector than I. However, Then, as we pursue the larger bill, in- following: cluding all the tests, other than just throughout the past decade private in- SEC. 305. CLARA BARTON CENTER FOR DOMES- dustry has declined to participate in SHAD, Senator CLELAND’s sub- TIC PREPAREDNESS. committee will get into this investiga- Of the amount authorized to be appro- this market. In fact, the only company tion. priated by section 301(a)(5) for operation and that is chosen to contract with the It is my understanding that Senator maintenance for defensewide activities, Pentagon is BioPort. We know that has ROCKEFELLER, the chairman of the Vet- $3,000,000 shall be available for the Clara Bar- not been an altogether satisfactory ex- erans’ Affairs Committee, is also inter- ton Center for Domestic Preparedness, Ar- perience. ested in having hearings on this very kansas. This problem has been examined same subject. I am so grateful to the Mr. HUTCHINSON. I thank the many times over the past decade. In leadership of this body, on behalf of the Chair. fact, it has been studied twice by the veterans of Florida in my case, and on Mr. President, I appreciate my col- Department of Defense. Both times, behalf of the veterans of this country, leagues giving me an opportunity to the conclusion was that our Nation to find out what happened—to peel speak on this amendment. I think it is needed a government-owned, con- back the onion and see what really very important to our country. It is a tractor-operated vaccine production fa- happened—and if there is a problem, we matter that, after cloture, is not ger- cility. This is referred to as a GOCO. can get these veterans into the medical mane, and I intend to withdraw it. But In January of 1991, Project Badger facilities. I give notice that this is an important presented a report to DOD entitled I thank the chairman for making this issue for our country and I intend to ‘‘Long Term Expansion of Production possible. I thank the distinguished as- talk about it in the future. It is a mat- Capability for Medical Defense Against sistant majority leader for giving me ter that is critical to the protection of Biological Warfare Agents.’’ That is a this time. our military. long title, but the conclusion was that I yield the floor. Today we are deploying our troops we needed to construct a Government- Mr. LEVIN. Mr. President, I thank across the world to fight the war on owned facility to provide assured man- Senator NELSON for his determination terrorism, and it is clear our enemies ufacture of products against agents of and passion on this issue. It will ben- have been actively attempting to ac- biological origin. efit the veterans who may have been quire biological weapons. At that time, DOD began site selec- affected. We are happy to work with We know Saddam Hussein has been tion. They began planning for such a him. Hopefully, his leadership will relentless in his pursuit of biological facility. In 1994, they prepared a study produce the critically necessary infor- weapons. Yet even with this knowl- entitled ‘‘Department of Defense Vac- mation we need to help with their med- edge, we continue today to deploy our cine Production Facility: An Economic ical situation. They are all in his debt troops without adequate vaccine pro- Analysis of Alternatives.’’ and this body is as well. tection. The shortage of anthrax vac- Mr. REID. Mr. President, I suggest cine, due to the failure of BioPort, has They were moving ahead. Then, the the absence of a quorum. been well publicized. However, as we previous administration reversed The PRESIDING OFFICER. The meet today, our military has no stocks course and decided to rely solely upon clerk will call the roll. of vaccines against a range of other the commercial sector. After dumping The senior assistant bill clerk pro- pathogens that we know could be used over $120 million, we are only now be- ceeded to call the roll. against our troops. ginning to receive anthrax vaccine. We Mr. LEVIN. Mr. President, I ask According to unclassified documents do not want to repeat that. unanimous consent that the order for released by the Pentagon, there are at In November of 2000, the Department the quorum call be rescinded. least 10 nations right now pursuing bio- of Defense completed another in-depth

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S6200 CONGRESSIONAL RECORD — SENATE June 27, 2002 study of a potential GOCO, which in- vaccines and therapeutics for specified infec- I will withdraw the amendment I cluded detailed cost and design esti- tious, especially contagious diseases, is need- have offered. However, I will continue mates. In February of 2001, the Depart- ed. to bring this issue before the Senate. ment prepared a comprehensive life I offered an amendment to our DOD Our troops deserve more, I believe, cycle cost estimate. authorization bill, a critical bill for than they are getting right now, and I Finally, last July the Pentagon re- our troops, that I believe would provide intend to continue to pursue this issue leased its latest study, ‘‘Report on Bio- protection for our men and women in as long as it takes until our troops are logical Warfare Defense Vaccine Re- uniform. This amendment was cospon- protected, whether it is through the search & Development Programs.’’ This sored by Senator HUTCHISON of Texas, homeland security bill or the Defense study once again came to the same Senator MIKULSKI of Maryland, Sen- appropriations bill or other vehicles we conclusion, was prepared by a team of ator LINCOLN of Arkansas, Senator may have, because this is vitally im- DOD personnel, industry leaders, and SARBANES of Maryland, and Senator portant. academics, and it included a letter ROBERTS of Kansas. All of them have cosponsored it. They recognize that it It is important for our country. It is from former Surgeon General David important for our troops. It is the right Satcher, all of it endorsing the concept would ensure that our troops receive the protection they require. We have thing to do. We have waited too long to of a GOCO. act, and should delay no longer. Since September 11, the establish- seen DOD study the matter twice; we ment of a GOCO has been recommended have seen the Institute of Medicine- AMENDMENT NO. 4069 WITHDRAWN by other organizations outside the De- issued opinion; former Surgeon General Mr. HUTCHINSON. I ask unanimous partment of Defense. Satcher recommended the building of a consent to withdraw my amendment. In November of 2001, the Institute of GOCO. All of these independent evaluations The PRESIDING OFFICER. Without Medicine at the National Academies objection, it is so ordered. The amend- issued a statement saying: have concluded the same, and it is sim- ment is withdrawn. The establishment of a government-owned, ply this: The private sector, for all of contract-operated facility for research, de- the good that it does, cannot, against Mr. HUTCHINSON. I thank the velopment, and production of vaccines is es- some of the boutique biological patho- Chair, and I yield the floor. sential. gens and threats that may exist now Mr. LEVIN. I suggest the absence of I repeat, the Institute of Medicine and in the future against our troops a quorum. concluded that such a facility is essen- and against our civilian population, The PRESIDING OFFICER. The tial. In December of 2001, the Advisory and will not in the future see this as a clerk will call the roll. Panel to Assess Domestic Response Ca- profitable commercial venture. The insurance for the American peo- The senior assistant bill clerk pro- pabilities for Terrorism, headed by ceeded to call the roll. former Virginia Gov. Jim Gilmore, ple, and the insurance for our men and issued a report, with their rec- women in uniform, is to have a Govern- Mr. WYDEN. Mr. President, I ask ommendation: ment-owned production facility, con- unanimous consent that the order for The establishment of a government-owned, tractor-operated, to ensure that vac- the quorum call be rescinded. contractor-operated national facility for the cine will always be available if and The PRESIDING OFFICER. Without research, development and production of when it is needed. objection, it is so ordered.

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

ORDERS FOR FRIDAY, JUNE 28, 2002 stand in adjournment under the pre- To be general Mr. REID. Mr. President, I ask unan- vious order. GEN. RALPH E. EBERHART imous consent that when the Senate There being no objection, the Senate, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT at 5:32 p.m., adjourned until Friday, IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- completes its business today, it ad- CATED UNDER TITLE 10, U.S.C., SECTION 624: June 28, 2002, at 9:30 a.m. journ until the hour of 9:30 a.m., Fri- To be major general day, June 28; that immediately fol- f BRIGADIER GENERAL ROBERT DAMON BISHOP, JR. lowing the prayer and the pledge, the BRIGADIER GENERAL ROBERT W. CHEDISTER NOMINATIONS BRIGADIER GENERAL TRUDY H. CLARK Journal of proceedings be approved to BRIGADIER GENERAL RICHARD L. COMER date, the morning hour be deemed to Executive nominations received by BRIGADIER GENERAL CRAIG R. COONING the Senate June 27, 2002: BRIGADIER GENERAL SCOTT S. CUSTER have expired, the time for the two lead- BRIGADIER GENERAL FELIX DUPRE ers be reserved for their use later in DEPARTMENT OF STATE BRIGADIER GENERAL EDWARD R. ELLIS BRIGADIER GENERAL LEONARD D. FOX the day, and the Senate be in a period LINDA ELLEN WATT, OF FLORIDA, A CAREER MEMBER BRIGADIER GENERAL TERRY L. GABRESKI for morning business with Senators OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- BRIGADIER GENERAL MICHAEL C. GOULD COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND BRIGADIER GENERAL JONATHAN S. GRATION permitted to speak therein for up to 10 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA BRIGADIER GENERAL WILLIAM W. HODGES minutes each. TO THE REPUBLIC OF PANAMA. BRIGADIER GENERAL DONALD J. HOFFMAN IN THE NAVY BRIGADIER GENERAL JOHN L. HUDSON The PRESIDING OFFICER. Without BRIGADIER GENERAL CLAUDE R. KEHLER objection, it is so ordered. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL CHRISTOPHER A. KELLY IN THE UNITED STATES NAVY TO THE GRADE INDICATED BRIGADIER GENERAL PAUL J. LEBRAS f WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BRIGADIER GENERAL JOHN W. ROSA, JR. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: BRIGADIER GENERAL RONALD F. SAMS PROGRAM BRIGADIER GENERAL KEVIN J. SULLIVAN To be admiral BRIGADIER GENERAL MARK A. WELSH III BRIGADIER GENERAL STEPHEN G. WOOD Mr. REID. There will be no rollcall VICE ADM. EDMUND P. GIAMBASTIANI JR., 0000 IN THE ARMY votes tomorrow. There will be morning f business. The next rollcall vote will THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CONFIRMATIONS IN THE UNITED STATES ARMY TO THE GRADE INDICATED occur Tuesday morning, July 9. UNDER TITLE 10, U.S.C., SECTION 624: f Executive nominations confirmed by the To be major general Senate June 27, 2002: ADJOURNMENT UNTIL 9:30 A.M. BRIG. GEN. JOHN M. URIAS IN THE AIR FORCE TOMORROW THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE GRADES INDI- Mr. REID. If there is no further busi- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 12203: ness to come before the Senate, I ask CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE To be major general AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION unanimous consent that the Senate 601: BRIG. GEN. GEORGE W. S. READ

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 9801 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 27, 2002 CONGRESSIONAL RECORD — SENATE S6201 To be brigadier general COL. JOHN P. MCLAREN, JR. WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE NAVY CONGRESSIONAL RECORD ON JUNE 4, 2002. COL. LARRY KNIGHTNER ARMY NOMINATIONS BEGINNING JOHN C. AUPKE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ENDING STEVEN R. YOUNG, WHICH NOMINATIONS WERE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED RECEIVED BY THE SENATE AND APPEARED IN THE CON- IN THE RESERVE OF THE ARMY TO THE GRADES INDI- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CATED UNDER TITLE 10, U.S.C., SECTION 12203: GRESSIONAL RECORD ON JUNE 4, 2002. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARMY NOMINATIONS BEGINNING ANN M. ALTMAN AND To be major general To be vice admiral ENDING * ANGELIA L. WHERRY, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE BRIG. GEN. EDWIN E. SPAIN III REAR ADM. PHILLIP M. BALISLE CONGRESSIONAL RECORD ON JUNE 4, 2002. ARMY NOMINATIONS BEGINNING RYO S. CHUN AND To be brigadier general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ENDING JOHN K. ZAUGG, WHICH NOMINATIONS WERE RE- COL. DENNIS E. LUTZ IN THE UNITED STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CEIVED BY THE SENATE AND APPEARED IN THE CON- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: GRESSIONAL RECORD ON JUNE 4, 2002. ARMY NOMINATION OF MICHAEL J. MEESE. AS ASSISTANT SURGEON GENERAL/CHIEF OF THE DEN- To be vice admiral TAL CORPS, UNITED STATES ARMY AND FOR APPOINT- ARMY NOMINATIONS BEGINNING STEVEN A. BEYER MENT TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., REAR ADM. ROBERT F. WILLARD AND ENDING JAMES F. ROTH, WHICH NOMINATIONS SECTION 3039: WERE RECEIVED BY THE SENATE AND APPEARED IN THE AIR FORCE NOMINATION OF SHARON G. HARRIS. CONGRESSIONAL RECORD ON JUNE 5, 2002. To be major general AIR FORCE NOMINATIONS BEGINNING * NICOLA A. ARMY NOMINATION OF JAY A. JUPITER. CHOATE AND ENDING * NICHOLAS G. VIYOUH, WHICH BRIG. GEN. JOSEPH G. WEBB, JR. ARMY NOMINATION OF ANDREW D. MAGNET. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING BERNARD COLEMAN PEARED IN THE CONGRESSIONAL RECORD ON JUNE 7, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AND ENDING MICHAEL A. STONE, WHICH NOMINATIONS 2002. IN THE RESERVE OF THE ARMY TO THE GRADES INDI- WERE RECEIVED BY THE SENATE AND APPEARED IN THE AIR FORCE NOMINATIONS BEGINNING KATHLEEN N. CATED UNDER TITLE 10, U.S.C., SECTION 12203: CONGRESSIONAL RECORD ON JUNE 5, 2002. ECHIVERRI AND ENDING JEFFREY E. HAYMOND, WHICH To be major general NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF ROBERT A. MASON. PEARED IN THE CONGRESSIONAL RECORD ON JUNE 7, ARMY NOMINATIONS BEGINNING RICHARD E. HUMSTON BRIG. GEN. WAYNE M. ERCK 2002. AND ENDING DWIGHT D. RIGGS, WHICH NOMINATIONS BRIG. GEN. CHARLES E. MCCARTNEY, JR. ARMY NOMINATIONS BEGINNING * TIMOTHY C. WERE RECEIVED BY THE SENATE AND APPEARED IN THE BRIG. GEN. BRUCE E. ROBINSON BEAULIEU AND ENDING WILLIAM E. WHEELER, WHICH CONGRESSIONAL RECORD ON JUNE 7, 2002. To be brigadier general NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF NANETTE S. PATTON. PEARED IN THE CONGRESSIONAL RECORD ON JUNE 4, MARINE CORPS NOMINATIONS BEGINNING DEREK M. COL. DAVID L. EVANS 2002. ABBEY AND ENDING MARK D. ZIMMER, WHICH NOMINA- COL. WILLIAM C. KIRKLAND ARMY NOMINATIONS BEGINNING DUANE A. BELOTE TIONS WERE RECEIVED BY THE SENATE AND APPEARED COL. JAMES B. MALLORY III AND ENDING * NEAL E. WOOLLEN, WHICH NOMINATIONS IN THE CONGRESSIONAL RECORD ON JUNE 4, 2002.

VerDate Mar 15 2010 21:07 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 9801 E:\2002SENATE\S27JN2.REC S27JN2 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 27, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1153 EXTENSIONS OF REMARKS

HONORING LARRY SHEHADEY Her oil paintings, including ‘‘The American IMPROVING ACCESS TO PHYSI- Cowboy,’’ ‘‘Forever Eternal Red, White and CIANS IN MEDICALLY UNDER- HON. GEORGE RADANOVICH Blue,’’ ‘‘God Bless the U.S.A.,’’ and a painting SERVED AREAS OF CALIFORNIA of a real cowboy on the range called ‘‘Born in the U.S.A.,’’ evoke strong emotions and recall IN THE HOUSE OF REPRESENTATIVES a simpler time when the lines between good SPEECH OF Wednesday, June 26, 2002 and evil seemed as clearly defined as the dif- HON. JOHN ELIAS BALDACCI Mr. RADANOVICH. Mr. Speaker, I rise ference between a white hat and a black one. today to honor Larry Shehadey on the occa- Her petrigraph engravings also are stirring, in- OF MAINE cluding ‘‘Comanche,’’ and studies of Clayton sion of being granted an Honorary Doctoral IN THE HOUSE OF REPRESENTATIVES Degree in Humane Letters from California Moore as ‘‘The Lone Ranger,’’ John Wayne, State University, Fresno. Mr. Shehadey re- Gene Autry and Gary Cooper. Tuesday, June 25, 2002 ceived the degree during graduation cere- Katie also has been a featured artist at a monies on May 25, 2002. wide-range of art shows and other events Mr. BALDACCI. Mr. Speaker, I am pleased Shehadey, a prominent Fresno business- across the nation. She has appeared on local to offer my support for the bill H.R. 4858, man, and patriarch of Producers Dairy Foods, and national television shows and her work which will extend and expand the J–1 visa a well-known and respected Fresno-based has been illustrated in magazines from coast waiver program. This legislation is vital for business, is well known for his generosity and to coast. Her art, music and writing have Maine and other states that have difficulties in contributions to the community. The eight- spread joy and happiness to fans young and finding physicians to practice in rural and un- story clock tower of the new Fresno State ath- old all over the world. Collectors of Katie’s derserved areas. Workforce shortages threat- letic facility will be named ‘‘The Larry A. work include such luminaries and fans of the en access to care for all our citizens, and rural Shehadey Clock Tower,’’ and the Grand western tradition as Roy Rogers and Dale areas in particular face significant obstacles in Lobby at the Southeast entrance will be Evans, jockeys Bill Shoemaker and Gary Ste- attracting healthcare professionals. This legis- named after Shehadey’s late wife, Elayne. vens, singer Pat Boone and astronaut Buzz lation extends for an additional two years the In 1949, Shehadey sold a successful soap Aldrin. successful state J–1 visa waiver program. business to Safeway Supermarkets and Finally, Mr. Speaker, I ask my colleagues to bought a major interest in Producers Dairy join me in expressing the gratitude and appre- The ability for states to sponsor foreign phy- Foods. Larry built the company into one of the ciation of the United States Congress for the sicians began in 1994. Until this authority ex- largest independent family owned milk pro- artistry of Katie West. Her dedication to con- pired at the end of May, states were able to ducers in the United States. veying the strength of spirit and the vigor of sponsor 20 physicians a year, allowing them Mr. Speaker, I rise today to honor Larry the Old West in her artwork serves to pre- to remain in practice in underserved areas. Shehadey for his honorary degree bestowed serve and rekindle the romanticism and patri- Maine’s sponsorship of J–1 waiver appli- by California State University, Fresno. I invite otism that have always helped our nation cants began in 1997. The State has used my colleagues to join me in thanking Mr. overcome obstacles and adversity. I can think Shehadey for his support of the Fresno com- of no better time to have an artist such as close to the maximum number of slots each munity, and wishing him many more years of Katie West riding the range for our country. year. Recently, the State of Maine responded continued success. to growing demand by expanding the scope of f f the waiver program, allowing specialists to KATIE WEST: A COWGIRL’S apply for J–1 waivers. Additionally, more areas PORTRAIT OF THE OLD WEST PERSONAL EXPLANATION of the state were deemed eligible for such waivers. Consequently, Maine now maximizes HON. JAMES A. BARCIA HON. BOB RILEY its number of available sponsorships. This bill OF MICHIGAN goes the step further to expand the current OF ALABAMA IN THE HOUSE OF REPRESENTATIVES number of state waivers from 20 to 30, and IN THE HOUSE OF REPRESENTATIVES therefore greatly enhances the ability of my Wednesday, June 26, 2002 Wednesday, June 26, 2002 State and many others to meet future needs Mr. BARCIA. Mr. Speaker, I rise today to in underserved areas. pay tribute to artist and cowgirl Katie West for Mr. RILEY. Mr. Speaker, I was unavoidably There is some urgency to this matter, be- her work portraying the Old West and for her detained for rollcall No. 253, on Agreeing to passion for living the cowgirl lifestyle on the the Journal. Had I been present I would have cause the Department of Agriculture has sus- Rocking KT Ranch with her quarter horses voted ‘‘yea.’’ pended its processing of J–1 waiver applica- and collie dogs. Katie has always strived for I was also unavoidably detained for rollcall tions. Therefore, this state waiver ability re- perfection and is considered one of the finest No. 254, H.R. 4858, To Improve Access to mains the only route left to ensure these pri- pen-and-ink artists in the nation. Physicians in Medically Underserved Areas. mary and specialty physicians remain in un- Besides her pen-and-ink drawings, Katie Had I been present I would have voted ‘‘yea.’’ derserved areas. has earned a worldwide reputation for her oils I was also unavoidably detained for rollcall As a Member of the bipartisan House Rural on canvas, watercolors and her own unique No. 255, H.R. 4679, the Lifetime Con- process called petrography, which is fine line Health Care Coalition, I’ve been involved in ef- sequences for Sex Offenders Act. Had I been engraving in granite, crystal and solid jade. forts to maintain the current J–1 visa waiver present I would have voted ‘‘yea.’’ Her technique allows her to hold more detail process. This particular waiver program is not in granite than anyone in the world. Katie’s de- I was also unavoidably detained for rollcall a long-term solution to healthcare workforce pictions of animals, particularly horses, and No. 256, H.R. 4623, the Child Obscenity and shortages, but it is providing valuable re- the Old West has brought her wide acclaim. In Pornography Prevention Act of 2002. Had I sources right now to underserved areas. been present I would have voted ‘‘yea.’’ fact, others have proclaimed her work to be in Mr. Speaker, I thank Congressman JERRY form and quality a worthy heir to the great I was also unavoidably detained for rollcall MORAN for introducing this legislation, and en- western artistry of Charles Russell, Frederick No. 257, H.R. 4846, the Securities and Ex- courage all my colleagues to support H.R. Remington and Frank Tenney Johnson. In ad- change Commission Authorization Act of dition, Katie has been nominated to the Cow- 2002. Had I been present I would have voted 4858. girl Hall of Fame in Oklahoma City, Oklahoma. ‘‘yea.’’

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

VerDate 112000 03:48 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A27JN8.000 pfrm12 PsN: E27PT1 E1154 CONGRESSIONAL RECORD — Extensions of Remarks June 27, 2002 HONORING DEBORAH A. CHAM- STATEMENT COMMEMORATING HONORING DR. WALTER L. BERS, CRNA, MHSA PRESIDENT THE PASSING OF AMVETS BUSTER, ED.D. OF THE AMERICAN ASSOCIATION FOUNDING MEMBER ALBERT C. OF NURSE ANESTHETISTS GEREMIA HON. GEORGE RADANOVICH OF CALIFORNIA HON. LINDSEY O. GRAHAM HON. JAMES R. LANGEVIN IN THE HOUSE OF REPRESENTATIVES OF SOUTH CAROLINA Wednesday, June 26, 2002 OF RHODE ISLAND IN THE HOUSE OF REPRESENTATIVES Mr. RADANOVICH. Mr. Speaker, I rise Wednesday, June 26, 2002 IN THE HOUSE OF REPRESENTATIVES today to honor Dr. Walter Buster upon his re- tirement as Superintendent of Clovis Unified Mr. GRAHAM. Mr. Speaker, I rise today to Wednesday, June 26, 2002 School District. Dr. Buster was honored at a pay tribute to an outstanding resident of South dinner among his colleagues, friends, and Carolina, Deborah A. Chambers. Ms. Cham- Mr. LANGEVIN. Mr. Speaker, I was sad- family. bers will soon complete her year as national dened to learn of the recent passing of a Dr. Buster has dedicated his life to edu- president of the American Association of former constituent of Rhode Island’s Second cation and has served many communities Nurse Anesthetists (AANA). I am very pleased District, Albert C. Geremia, native and long- throughout California. Walter’s colleagues that one of South Carolina’s own was tapped time resident of the City of Providence. Mr. agree, regardless of his position, he contrib- as the 2001–2002 president of this prestigious Geremia passed away on June 4th at Hickory utes vision, leadership, and ingenuity to his national organization. House Nursing Home in Honeybrook, Pennsyl- team. He has orchestrated many programs in The AANA is the professional association vania. Mr. Geremia was a Navy veteran of the Clovis Unified School District in the seven that represents over 28,000 practicing Cer- World War II and had a long and distinguished years he has been there. Four of his top pro- tified Registered Nurse Anesthetists (CRNAs). career in management for two Providence grams illustrate his unique ability to visualize Founded in 1931, the American Association of firms. As a Navy veteran, Mr. Geremia was a current needs with respect for the future. He Nurse Anesthetists is the professional associa- founding member of the Congressionally-char- implemented ‘‘Laptops for Learners,’’ a joint tion representing CRNAs nationwide. As you tered veterans service organization, AMVETS, venture with Microsoft and Toshiba to supply may know, CRNAs administer more than 65 of which Mr. Geremia was the last surviving all students with laptops to perform their daily percent of the anesthetics given to patients founder. classroom activities. Dr. Buster saw another of each year in the United States. CRNAs pro- Mr. Geremia was one of eighteen individ- his visions come to fruition with the develop- vide anesthesia for all types of surgical cases uals who began AMVETS. He worked to se- ment of the Center for Advanced Research and are the sole anesthesia provider in over cure its Congressional charter and to establish and Technology. The center will provide up to two-thirds of rural hospitals, affording these 1,800 11th and 12th grade students with ad- medical facilities obstetrical, surgical and trau- an office in Washington, DC. For his efforts, vanced project-based training in 12 different ma stabilization capabilities. They work in AMVETS awarded him the organization’s ‘‘Ray technology based laboratory environments. every setting in which anesthesia is delivered, Sawyer Award’’ at their 1952 National Con- Walter realizes the importance of reading to including hospital surgical suites and obstet- vention. Since its founding in 1944 in Kansas students, and put into action yet another pro- rical delivery rooms; ambulatory surgical cen- City, AMVETS has worked tirelessly on behalf gram, called ‘‘Community of Readers.’’ Volun- ters and the offices of dentists, podiatrists, and of America’s veterans and the community at teers from the community dedicate one hour plastic surgeons. large. Veterans across the nation owe men like Albert Geremia a debt of gratitude for all per week to read with the students. Always Debbie has been a nurse anesthetist since keeping in mind the importance of being an in- 1981. She received both her anesthesia train- they have done to keep and protect those benefits promised to our veterans. fluential citizen within the community, Dr. Bust- ing and Masters of Health Service Administra- er started ‘‘Character Counts!’’ a program that tion at the Medical University of South Caro- Our nation can never have too many men teaches students six core principles: responsi- lina, in Charleston, SC. She has been a solo the caliber of Albert Geremia. By helping to bility, respect, fairness, caring, citizenship, and practitioner since 1993 at the Microsurgery found AMVETS, he strove for something larg- trustworthiness. Center in Anderson, SC, as well as in both er than himself. A man should not be remem- Dr. Buster’s contributions to the Clovis edu- Greenville Memorial Medical Center and Saint bered for the wealth and possessions he cation system are obvious, but he has also Francis Bon Secours Hospital System in earned in life, but rather, for what sort of man made a tremendous impact on the community. Greenville, SC. In addition to her role as a he was and what he did to make the world a He serves on many state and local education solo practitioner, she was the Clinical Coordi- better place. and business committees. The State Board of nator at the Medical University of South Caro- Education recently appointed Dr. Buster to the lina School of Nurse Anesthesia at Greenville Mr. Geremia is survived by his wife, Anne, a daughter, Linda, and son, Paul. I offer them WestEd Board of Directors, a non-profit re- Memorial Medical Center from 1988–2000. search, development and service agency dedi- Even with her demanding schedule as a prac- my deepest condolences at this time of great loss, and I hope they will take great comfort in cated to improving education and other oppor- ticing nurse anesthetist and AANA president, tunities for children, youth and adults. Debbie has continued to be active as a CRNA knowing how fondly Albert will be remembered representative for pharmaceutical advisory by those whose lives he touched. f panels such as Pharmacia and Glaxo Smith AN AMERICAN COWBOY LEGEND: Kline since 2001 in order to advance the prac- f BEN COOPER tice of anesthesia. Debbie has held various leadership posi- PERSONAL EXPLANATION HON. JAMES A. BARCIA tions in the AANA as regional director, vice OF MICHIGAN president, and president-elect before becom- IN THE HOUSE OF REPRESENTATIVES ing the national president of the AANA in HON. DAVID E. BONIOR 2001. Ms. Chambers has actively served with- OF MICHIGAN Wednesday, June 26, 2002 in the SC Association of Nurse Anesthetist as Mr. BARCIA. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES a District Representative on the board of di- pay tribute to the voluminous and noteworthy rectors and then in 1994 as state president. Wednesday, June 26, 2002 acting career of Ben Cooper, a performer Since 1994, Debbie has taken her experience whose work in the Western genre has in- and knowledge from the work place and her Mr. BONIOR. Mr. Speaker, due to commit- formed and entertained generations of young- AANA leadership roles to lecture on political ments in my home state of Michigan, I was sters about the history and the myths of the and academic anesthesia related topics before unable to cast votes on Monday, June 24. Old West. Many fans may recognize that Ben different professional groups and societies. Had I been present, I would have voted: ‘‘yea’’ has always had a special place in his heart for Mr. Speaker, I ask my colleagues to join on rollcall 249, on agreeing to H.R. 3937; the Western, but perhaps not everyone knows with me today in recognizing Ms. Deborah A. ‘‘yea’’ on rollcall 250, on agreeing to H.R. that he met his wife, Pamela, while working on Chambers, CRNA, MHSA, for her notable ca- 3786; ‘‘yea’’ on rollcall 251, on agreeing to the ‘‘Wagon Train’’ series with Ward Bond. reer and outstanding achievements. Congratu- H.R. 3971; and ‘‘yea’’ on rollcall 252, on While Ben is perhaps best known for his lations Debbie. agreeing to H.J. Res. 95. role in the non-western drama, ‘‘The Rose

VerDate 112000 03:48 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.004 pfrm12 PsN: E27PT1 June 27, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1155 Tattoo,’’ he made his mark in many terrific Christmas tree—gifts that never were to be doubt, she has lived this motto throughout the Westerns, including ‘‘Johnny Guitar,’’ with opened. years that have passed since Christmas Eve, Joan Crawford and Sterling Hayden. He also Across town on that fateful night, Paul and 1992. She has stood tall and is truly a hero to had prominent roles in ‘‘Jubilee Trail,’’ ‘‘The Melanie Cravens picked up Melanie’s three many. Last Command,’’ ‘‘Outlaw’s Son,’’ and as daughters—Kandyce, Erin and Kacee Much of my admiration for Nadine Milford Johnny Shattuck in ‘‘Duel at Apache Wells.’’ In Woodard—at their father’s west-side Albu- 1965, Ben starred with Audie Murphy in ‘‘Gun- querque home. They decided to go see the stems from her enduring commitment to fight- fight at Comanche Creek’’ and ‘‘Arizona Raid- lights from Nine Mile Hill, west of the city on ing the good fight. Her values are reflected not ers.’’ Interstate 40. But before they topped the hill, only in the way she lives her life, but also in Before moving to Hollywood, Ben was al- they were struck by a pickup driving down the her intelligence and honesty. She will undoubt- ready an extremely successful performer with wrong side of the highway. edly be missed at MADD, but her legacy will 3,200 radio broadcasts and 250 live television Melanie and the three girls were killed in- endure, and she will never stop advocating for shows under his belt. His first film credit was stantly. Paul Cravens somehow survived, as the elimination of drunk driving. for his work in the Republic Studios film, ‘‘The did the driver of the pickup. Blood tests later Nadine, I wish you well in whatever future Thunderbirds.’’ While the bulk of Ben’s big- showed that the driver was well over the legal endeavors you pursue. screen work was in the 1950s and 1960s, his alcohol limit. Mr. Speaker, I will not go into the legal debacle that ensued on this case for the career has covered more than fifty years, in- f cluding two 1971 Westerns, ‘‘One More Train next several years, other than to say it was to Rob’’ and ‘‘Support Your Local Gunfighter,’’ painful and finally created the traction nec- VETERANS’ BENEFITS in which he played Colorado Magee. Over the essary for stronger drunk driving laws. years, Ben appeared in various movies and New Mexicans were inconsolable that had many guest appearances on hit television Christmas Eve when the local news began re- HON. DUNCAN HUNTER shows, including ‘‘Kung Fu: The Legend Con- porting what had occurred. Then they got tinues,’’ ‘‘The Fall Guy,’’ ‘‘Bonanza,’’ and ‘‘The mad. Our citizens demanded action to combat OF CALIFORNIA Rifleman.’’ He also had a longrunning part in the state’s DWI problem—and they got it. IN THE HOUSE OF REPRESENTATIVES ‘‘The Misadventures of Sheriff Lobo’’ with I have been fortunate enough to be a first- Claude Akins from 1979 to 1981. hand witness to Nadine’s many accomplish- Wednesday, June 26, 2002 In the 1960s, Ben formed Celebrity Speak- ments. At the time, I was proudly serving as ers, a group that booked actors on the lecture the Attorney General of New Mexico. Earlier Mr. HUNTER. Mr. Speaker, I rise today to circuit. Ben’s belief that the magnificent and that year, I had appointed a DWI Task Force speak on an issue that is very important to our hard-working character actors cast as side- to study what our state could do to fight drunk nation’s veterans. If you were to ask Ameri- kicks, saddle tramps, bank robbers and in driving. We issued our report to the State Leg- cans if they knew that their veterans were other essential supporting roles were equally islature as they convened in January. being denied benefits to which they earned in capable of acting as goodwill ambassadors for Throughout the next few years, we worked an effort to save money, there would be out- Hollywood has given us all a better under- to lower the legal blood-alcohol limit, tough- rage. Well Mr. Speaker, I am sorry to say that standing of film-making. ened penalties for drunk driving and set aside that is exactly what has been occurring for Finally, Mr. Speaker, I ask my colleagues to millions of dollars to fund local anti-DWI ef- many years. forts. The state also began widespread use of join me in applauding Ben Cooper for exhib- Today, veterans who served our country sobriety checkpoints and passed a ‘‘zero toler- iting the true spirit of the American cowboy- and retire after 20 years but endure a service- hero. Whether Ben wore a white or a black ance’’ law that strips minors of their licenses connected disability, have their disability bene- Stetson, his characters were memorable and when they are caught drinking and driving. fits offset dollar-for-dollar by a reduction in we should tip our collective hats to Ben Coo- Throughout all of this, there was one person per, another legendary hero of the Old West. in the spotlight who became the focal point of their retirement pay. This unfair practice is a disgrace for those who selflessly served our f this crusade, and that was Nadine. She could have sunk under the depression that engulfed country and sacrificed so much on our behalf. TRIBUTE TO NADINE MILFORD, her. Instead, she leaned on her deep faith and These offset dollars are taken away from vet- NEW MEXICO MADD STATE CHAIR the love of her family and seemingly overnight erans seeking to make a better life, send chil- transformed herself into the new face of DWI dren through college or have an opportunity to HON. TOM UDALL reform. Nadine could never have imagined spend time with grandchildren. OF NEW MEXICO that she would one day be tapped to lead Well Mr. Speaker, there is good news. After IN THE HOUSE OF REPRESENTATIVES such a worthy fight. Ultimately, I cannot think many years of trying to correct this problem, I of anyone better to have done it. am very proud that my committee, the House Wednesday, June 26, 2002 When Nadine was selected as the Mothers Mr. UDALL of New Mexico. Mr. Speaker, I Against Drunk Driving State Chair in 1999, Armed Services Committee, included a provi- rise today to pay tribute to an outstanding she was totally devoted to fighting for MADD’s sion granting concurrent receipt for our most New Mexican, my friend, Nadine Milford. On mission to stop drunk-driving. She has also severely disabled retirees in H.R. 4546, the June 30, after a successful three-year term, comforted countless numbers of families who Bob Stump National Defense Authorization Act Nadine will step down as the Mothers Against have been affected by a drunk driving death. for Fiscal Year 2003. This provision provides Drunk Driving State Chair. I will take this time Being so modest, I doubt that Nadine even $5.8 billion to phase in, over a five-year pe- to pay tribute to Nadine for her efforts to elimi- realizes the positive impact that she has had riod, an elimination of the concurrent receipt nate the scourge of drunken driving and to im- on New Mexico. offset for disabled retirees with a disability rat- prove the lives of countless New Mexicans. Mr. Speaker, I have touched only on a small ing of 60 percent or greater. Though the offset When tragedy strikes, we can do one of two list of Nadine’s many personal and profes- is not eliminated completely for all disabled things. We can either allow it to defeat us or sional accomplishments. Vera Nadine Fuchs veterans, it is a first step. This measure we can use the experience to empower us to Milford was born in Los Angeles, California passed the House on May 9, 2002, by a vote become an effective advocate for change. and has resided in New Mexico since 1961. of 359–58. People living in New Mexico in 1992 will Her husband, Robert, still owns Bobby Joe’s Mr. Speaker, there is still more work to be never forget that December. What started out Auto Sales. In addition to Melanie, she has done. It is my understanding that, like the as an ordinary holiday season was soon four other children—Terrell, Celeste, Pauline changed into one of devastating heartbreak. It and Lance. After graduating from Victory Bible House, the Senate has included a concurrent was Christmas Eve and there were pockets of College, Nadine taught school for a time. Of receipt provision in their authorization bill and snow across the country. There was a sense everything she has done, I know how proud I plan on working actively with them on this of electricity in the air as there usually is dur- she is of her family. She has been a wonderful issue when this bill is brought to conference. ing the holidays. At one home in Albuquerque, wife and mother. Our veterans earn their retired pay by commit- Bob and Nadine Milford were especially ex- New Mexicans feel as though they know ting themselves to the defense of our country cited about spending the holiday with their Nadine because they have shared so much of and I believe there is no better way to honor children and grandchildren. On Christmas Eve, her grief over the years. Nadine’s motto is America than to give our nation’s veterans all 1992, gifts were waiting under the Milford’s ‘‘persistence wears resistance.’’ Without a the benefits to which they are entitled.

VerDate 112000 03:48 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.009 pfrm12 PsN: E27PT1 E1156 CONGRESSIONAL RECORD — Extensions of Remarks June 27, 2002 CONGRATULATING THE ACCOM- HONORING DAN MALCOLM and passion. He has editorialized about the PLISHMENTS OF TRACEY widest range of issues, always using his ALLNUTT ON WINNING THE 13TH HON. GEORGE RADANOVICH straightforward, commonsense approach to DISTRICT OF FLORIDA CONGRES- OF CALIFORNIA make a clear and concise point. He has writ- SIONAL ART COMPETITION IN THE HOUSE OF REPRESENTATIVES ten about a variety of local issues, from weigh- ing in on a controversial community issue, to Wednesday, June 26, 2002 HON. DAN MILLER honoring a young person or community activ- OF FLORIDA Mr. RADANOVICH. Mr. Speaker, I rise ist. He has written about regional issues al- IN THE HOUSE OF REPRESENTATIVES today to honor Dan Malcolm, editor of Amer- ways paying special attention to the future of ican Vineyard, on the 10th anniversary of his Wednesday, June 26, 2002 the City of Detroit, about issues impacting our magazine’s publication. entire State and vital national issues including Mr. DAN MILLER of Florida. Mr. Speaker, I Dan has been the patron of American Vine- domestic policy, politics and international af- rise today to congratulate the winners of the yard through its ten years and he has every fairs. He has opined passionately about Congressional Arts Competition—particularly reason to be proud of everything the maga- human rights, highlighting the plight of the to congratulate Tracey Allnutt of Sarasota zine has accomplished. In 1993, the magazine Iraqi people under Saddam Hussein, the chil- Florida, a senior at Riverview High School. became the highest grower circulated grape dren of Afghanistan, the conflict in the Middle Next year she will be attending the Ringling publication in the country. Then, in 1994, East, and the longstanding refusal by Turkey School of Art in Sarasota in pursuit of a de- American Vineyard journeyed to Mexico, and to acknowledge the Armenian Genocide. gree in art history. the growers were both impressed by what In his work, especially the latter editorials, A panel of judges from my congressional they saw and encouraged to compete with the you can see an image of Mitch Kehetian him- district evaluated the contestants’ work and growers south of the border. The magazine self On April 29, 2002, Mr. Kehetian wrote, from this pool of contestants Tracey’s was se- hosted its first grape expo in Caruthers in ‘‘Through the years, I’ve written reports about lected as the winner. Her work of art symbol- 1996 and was pleasantly surprised by the my journey to historical, Turkish-occupied Ar- izes the rising and enduring faith and patriot- amount of support received, over a thousand menia in search of my Armenian roots. I found ism of America’s youth in the wake of the growers attended. In 1998, Dan Malcolm was that the homeland of my ancestors lacks his- events of September 11th. It is fitting that this honored with the Viticulture & Enology Re- torical markers to tell the curious that for 3,000 artwork will be displayed in our nation’s Cap- search Center’s Grape Day Industry Award. years Armenians lived in what today is eastern itol. American Vineyard published their biggest Turkey. Through the years I’ve been repeat- I would like to use this time to honor Tracey issue in 2001 and the magazine is still going edly asked why people of Armenian heritage and the other winners of the Congressional strong. can’t forget what happened in 1915–20, espe- Arts Competition and encourage the youth of Mr. Speaker, I rise today to honor Dan Mal- cially those of my generation who weren’t our nation to continue their patriotic enter- colm for his vision and unending pursuit of his even born then. I cannot forget. As a child prises and artistic endeavors. ambitions. I invite my colleagues to join me in growing up in southwest Detroit’s ethnic neigh- f thanking him for his contribution to agriculture borhood, I had only one grandparent, one COMMENDING CONTRIBUTIONS OF and the community and wishing him and his aunt, three uncles and a handful of cousins. ROOFING PROFESSIONALS IN- family continued success. All the others were murdered in the Turkish VOLVED IN REBUILDING OF PEN- f genocide of the Armenian people. . . . This TAGON PERSONAL EXPLANATION American of Armenian heritage cannot forget.’’ Mr. Speaker, I have enjoyed the opportunity SPEECH OF HON. JEFF FLAKE to work in the same communities as Mitch HON. GARY G. MILLER Kehetian and to observe his work. He has OF ARIZONA been a voice for elevating the role of Macomb OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES County and its place in the State of Michigan. Wednesday, June 26, 2002 Today, I join the residents of Macomb County, Tuesday, June 25, 2002 Mr. FLAKE. Mr. Speaker, I respectfully re- and his colleagues in the journalism profes- Mr. GARY MILLER of California. Mr. Speak- quest the opportunity to record my position on sion, in saluting his distinguished career, er, I rise to support H. Con. Res. 424 Com- rollcall votes 249, 250, 251, and 252. I was re- thanking him for his years of service, and en- mending the Patriotic Contributions of Roofing grettably absent from the chamber on Mon- couraging him to keep those editorials coming. Professionals Involved in the Rebuilding of the day, June 24, 2002 during rollcall votes 249, f Pentagon. 250, 251 and 252. Had I been present, I TURKEY NATO AND AFGHAN First, I want to thank Mr. MANZULLO for intro- would have voted ‘‘yea’’ on all four votes. ducing this resolution and bringing it to the PEACEKEEPING floor. Several months ago, I gave a one f minute speech recognizing the role small roof- TRIBUTE TO MITCH KEHETIAN HON. ELTON GALLEGLY ing contracting companies have played in re- OF CALIFORNIA building over an acre of the Pentagon’s roof, HON. SANDER M. LEVIN IN THE HOUSE OF REPRESENTATIVES and these efforts are certainly worthy of con- OF MICHIGAN Wednesday, June 26, 2002 tinued mention. IN THE HOUSE OF REPRESENTATIVES What I find most moving about this volun- Mr. GALLEGLY. Mr. Speaker, last week, the teer effort, is how deeply committed these Wednesday, June 26, 2002 command of the International Security Assist- roofing professionals are. Men and women Mr. LEVIN. Mr. Speaker, I rise today to con- ance Force (ISAF) in Afghanistan was handed have traveled from all over the U.S. to help gratulate an articulate and well-respected over to Turkish military forces after a success- put a roof back on the Pentagon. There are voice in local journalism, Mitch Kehetian, as ful six months, under the command of British numerous stories about how they kept working he is honored by the Metro Detroit Chapter of forces. through Thanksgiving and Christmas to stay the Society of Professional Journalists with a As the Chairman of the Europe Sub- on an ambitious schedule. Lifetime Achievement Award. committee, I want to first congratulate and These men and women felt compelled to do Mr. Kehetian has served the public for al- commend the British forces for the excellent this because to them, this is how we win, this most fifty years as a reporter and editor of work they did to establish an atmosphere of is how we beat the terrorists. And they’re right. community newspapers. In his early twenties calm and security at the critical time in which Whether they have donated supplies, spent he went to work as a reporter for the Detroit the people of Afghanistan were consolidating time at the site working, or given money, Times. He brought his reporting skills to their political and economic future. The Brits these individuals and companies should be Macomb County, Michigan at the Mount are owed a great deal of thanks. proud of their contribution towards healing our Clemens Monitor-Leader. The Monitor-Leader The arrival of the Turkish command marks nation. became the Macomb Daily and Mr. Kehetian a new period for the ISAF operation, for the In addition, I would also like to thank the rose through the ranks to his current position new government of Afghanistan and for Tur- Department of Defense for working with the as Editorial Page Editor. key itself. The leadership of Turkey, a pre- National Roofing Contractors’ Association to Mr. Kehetian’s work can be summarized dominately Muslim state sends a clear mes- make this volunteer effort so successful. with three words: community, responsibility, sage that the international campaign against

VerDate 112000 03:48 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.013 pfrm12 PsN: E27PT1 June 27, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1157 terrorism does not have anything to do with publican plan does nothing to help you build Under the Republican Privatization Plan, we Islam as a religion and reinforces the effort we upon that savings. Republicans are obviously would see cuts in guaranteed benefits, mas- have been trying to make that the United content with the fact that most Americans sive raids on the Social Security Trust Funds, States has Muslim allies in this effort. For Tur- have only about $12,000 put away for retire- and the threat that privatization poses to the key, taking command of ISAF is an acknowl- ment. I’m sure an Arthur Andersen accountant ability of the system to pay benefits to the edgment of Turkey’s important position in that might be able to convince someone that baby-boomer generation. region and the role it can play in the Muslim $12,000 is sufficient. But, to think the Repub- Mr. Speaker, Congress has a responsibility world. It is also a signal of the important pres- licans would expect that most Americans to our next generation to ensure that Social tige Turkey has accumulated both here in the would believe it just shows how out of touch Security will be there for them. Social Security United States and in the West. The govern- they are. is more than a program, it is a promise. The ment in Ankara should be commended for its I support the Democratic plan for retirement Republican Leadership is refusing to bring willingness to take on this critically important security. It puts money where our mouth is their privatization bills to the floor. role. We congratulate Turkey and wish their when we say we want Americans to save. It Mr. Speaker, we have missed our mission military contingent the best of success. rewards them for putting money away for their of strengthening Social Security. We have Finally, I would be remiss if I did not point retirement by giving them a $1,000 tax credit missed our opportunity to strike, a true course out for commendation all of the other nations if they contribute to an employer-sponsored consistent with the great traditions in this whose military forces are currently serving in pension plan or an IRA. country of meeting the challenges of each Afghanistan. ISAF does have some 5,000 Republicans supported giving lower and generation. We can only live up to our respon- troops serving in Afghanistan and they all de- middle-income families this credit in the past. sibilities by preserving and strengthening our serve our thanks and continued support. I They included it in last year’s tax bill. But, for Social Security system. American families think it is also important to note that the major- some reason they won’t support it today. Why work hard to pay into the system, and they ity of the nineteen countries who have contrib- not? should be able to rely on Social Security when uted forces to ISAF are not only European, Maybe Republicans don’t think it’s nec- they retire. but are from our NATO partners or NATO can- essary because they’ve already passed their Mr. Speaker, I urge my colleagues to live up didate countries. I believe this is an important huge tax breaks for the wealthiest Americans? to the responsibility that has been bestowed point that is often overlooked by those who Maybe they’ve just gotten too close with their upon us and to strengthen and preserve our have criticized Alliances such as NATO for not corporate donors to appreciate the struggles Social Security system. being willing or capable of conducting mis- many Americans face in building a secure re- Thank you, I yield the remainder of my time. sions abroad. The Afghanistan campaign was tirement? not a NATO mission but the fact that so many Whatever the answer may be, it is clear Re- f of our NATO partners have sent troops there publicans haven’t learned anything from the is a testament to the importance of the Alli- CHILD OBSCENITY AND PORNOG- Enron fiasco. This bill’s second, major flaw is RAPHY PREVENTION ACT OF 2002 ance and why we in this country should con- that does nothing to enforce corporate ac- tinue to strongly support NATO. Consider countability when it comes to pensions. It SPEECH OF where we would be today if NATO was no doesn’t prevent huge scams like Enron from longer relevant to our security needs. Whose being carried out on the backs of employees— HON. DENNIS J. KUCINICH 5,000 troops would be patrolling the streets of it makes it easier. We shouldn’t allow those OF OHIO Kabul and ensuring the peaceful transition of that work hard for their retirement to be ripped IN THE HOUSE OF REPRESENTATIVES that country. off while a handful of greedy executives walk Tuesday, June 25, 2002 So, again we salute the British forces for a away with millions. job well done. We congratulate and welcome We should be on this floor today making Mr. KUCINICH. Mr. Speaker, I voted in the Turkish leadership of ISAF and we thank sure that Enron never happens again. I sup- favor of H.R. 4623, the Child Obscenity and our NATO allies and European friends for their port the Democratic plan because it will lock in Pornography Prevention Act of 2002. I strong- continued support in Afghanistan and in the real pension protection and ensure that work- ly support the goal of this legislation, which is campaign against global terror. ers are fairly compensated when companies to protect children from sexual exploitation. f fail. But, instead, we’re stuck having to vote on This legislation is in response to the United a Republican bill that does nothing but reward States Supreme Court’s ruling in Ashcroft v. IN SUPPORT OF THE DEMOCRATIC The Free Speech Coalition, which struck down SUBSTITUTE TO H.R. 4931, RE- corporate greed at the expense of millions of hard-working Americans. portions of the Child Pornography Prevention TIREMENT SAVINGS SECURITY Act that made it illegal to create, distribute or ACT OF 2002 I urge my colleagues to stand up for Amer- ica’s families, support the sensible Democratic possess ‘‘virtual’’ child pornography produced SPEECH OF plan for retirement security, and vote down the by means other than using real children, such HON. FORTNEY PETE STARK Republican bill. as using adult actors who look like children or f through computer generated images. OF CALIFORNIA In an effort to pass constitutional muster, IN THE HOUSE OF REPRESENTATIVES SOCIAL SECURITY PROGRAM this bill prohibits the creation, distribution or Friday, June 21, 2002 PROTECTION ACT OF 2002 possession of computer generated images Mr. STARK. Mr. Speaker, I rise today in op- that appear ‘‘virtually indistinguishable’’ from SPEECH OF position of H.R. 4931, the Republicans’ so- that of a minor engaging in sexually explicit called Retirement Security Savings Act. HON. STEPHEN F. LYNCH conduct. We should not allow technological Like every other tax break the Republican OF MASSACHUSETTS advances to hamper law enforcement’s ability leadership has brought to the floor lately, this IN THE HOUSE OF REPRESENTATIVES to prosecute individuals for child pornography. bill is more about their political pandering than Law enforcement agencies must have all nec- Tuesday, June 25, 2002 our priorities. But, I refuse to play games with essary tools to eliminate sexual exploitation of the hard-earned pensions of working Ameri- Mr. LYNCH. Mr. Speaker, today I stand be- innocent children. cans while Republicans line the pockets of fore you to express my concerns on strength- However, I have concerns about how this their wealthy contributors. ening and preserving our nation’s Social Secu- legislation affects free speech protections We ought to bring a pension bill to the floor rity system. under the First Amendment. H.R. 4623 crim- that encourages saving and increases em- We are here today to discuss, H.R. 4070, inalizes speech that not only is not obscene, ployee participation in pension plans. Unfortu- The Social Security Programs Protection Act. but that has redeeming literary, artistic, or nately, the Republican bill does little to help However, I have grave concerns about what other social value. This includes therapists average Americans save for retirement. It sim- we are NOT discussing—namely, privatization, and academic researchers who use computer- ply benefits the wealthiest Americans. Forty- one of biggest threats facing the Social Secu- generated images in their research, and two percent of the tax breaks proposed by the rity Program today. filmakers who create explicit anti-child abuse Republicans would go to the richest five per- Last week, Democrats filed a discharge peti- documentaries. cent of taxpayers. tion to demand a public debate on privatiza- While I am hopeful that this legislation will Meanwhile, if you are an average American tion. Democrats think the public has a right to pass constitutional scrutiny we must also en- with a pension or retirement account, the Re- know about the true effects of privatization. sure that we do not infringe upon the First

VerDate 112000 03:48 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.018 pfrm12 PsN: E27PT1 E1158 CONGRESSIONAL RECORD — Extensions of Remarks June 27, 2002 Amendment. I believe we must strive to elimi- Wolff before an Assembly of Asian educators Selected to head the Council is Dr. Wayne nate child pornography, a despicable exploi- on May 20th in New York. Congressman Wolff Patterson who has served as Dean in Resi- tation of our children, while at the same time served as Chairman of the House Asian and dence of the National Council of Graduate Schools. Invitations to participate in the respecting free speech. Pacific Affairs Subcommittee and is now Council have been extended to: Dr. Orlando f Chairman of the Pacific Community Institute. L. Taylor, Dean of Graduate Schools at How- LEHIGH VALLEY HERO— INAUGURATION OF THE PACIFIC AMERICAN ard University, former Chair of the Board of Directors of the Council of Graduate STEPHANIE McKENNA INTERNATIONAL HIGHER EDUCATION SCHOOLS COUNCIL Schools; Dr. Marcia Welsh, Provost and V.P., With a new look and focus after two dec- Academic Affairs, Adelphi University; Dr. HON. PATRICK J. TOOMEY ades of service, the Pacific Community Insti- Sung Lee, former Vice Provost, Michigan Tech, now executive at Carnegie Mellon; Dr. OF PENNSYLVANIA tute (PCI), continues to work towards its Thomas Maresh, former Dean of the Grad- IN THE HOUSE OF REPRESENTATIVES purpose of creating a community of interests in the Pacific Rim. With those goals in mind, uate School at Oregon State University; Dr. Wednesday, June 26, 2002 I am proud to announce today the inaugura- J. Kent Morrison, President at Walden Uni- tion of the Pacific American International versity; Dr. Robert Ringold, Provost at Pur- Mr. TOOMEY. Mr. Speaker, today I would due University; Dr. Robert Rudd, former like to share my Report from Pennsylvania for Higher Education Schools Council. Because the United States was originally Dean of School of Business at Charleston my colleagues and the American people. an off-shoot of Europe, there is a historical College and have met with a strong positive All across Pennsylvania’s 15th Congres- tendency to think of the U.S. as an Atlantic response. sional District there are some amazing people nation only. However, the United States has The Pacific American University was who do good things to make our communities historically been involved in the Pacific founded in 2002, as a division of the Northern a better place. These are individuals of all since 1784, its Pacific Coast is longer than Institute of Business Management, an affil- iate of The Pacific Community Institute, ages who truly make a difference and help the Atlantic Coast, and the State of Hawaii is in the Pacific. The commitment of the Inc., in order to bring the highest quality of others. American-developed higher education to stu- I like to call these individuals Lehigh Valley United States to the Pacific has also been sealed in active diplomacy and several wars dents in China and other Pacific region coun- Heroes for their good deeds and efforts. for freedom and democracy. tries. The initial degree offering by the Pa- Today, I would like to recognize Bethlehem The basic principle of the Pacific Commu- cific American University is the Master of resident Stephanie McKenna as a Lehigh Val- nity Institute (PCI) is to promote commu- Business Administration. The curriculum is ley Hero. She is working hard to make a dif- nity, based upon respect for individuals and designed to be aligned with many MBA pro- ference in her community. the traditions of its members. Building on grams in the United States. Stephanie, a single mother of three and ties of trade and kinship, which have long The Pacific American University is a re- guardian of two others had always thought of existed among the countries of the Pacific search-oriented private university dedicated to ways to spend more time with her children. A Rim, PCI seeks to facilitate interaction and providing educational experiences of excep- cooperation toward the solution of common tional quality, based on the traditions of Amer- year ago, she quit her high powered Manhat- problems. PCI aims to obviate such problems tan job to put in motion the idea she had for by enabling the nations of the Pacific Rim to ican higher education, to students of high aca- a way to be more in touch with her children explore together, at the working level, demic potential in China and in other countries while helping other children in the community. means to contemporary activities, and new, throughout the Pacific region. Further, the Uni- This idea was called Teen Destiny, a one-year creative solutions to the common concerns. versity is dedicated to attracting and sus- residential program for teenage boys who are PCI is supplementary and supportive with- taining a cadre of faculty who are, through troubled, but haven’t yet crossed into the juve- out competing with existing organizations. their teaching and research, committed to the nile detention system. PCI believes that true community may be development of distinguished and compas- facilitated by the revolution in communica- sionate graduates and to the quest for solu- This program, which could start as early as tion and information technology, but that it September is run by a seven-member board must be created by people in concert, in per- tions to human and social problems. of directors and has a $1.2 million agreement son. For that reason, PCI remains com- f of sale for a 189-acre farm in Upper Mount mitted to facilitating face-to-face inter- Bethel Township. action as significant step toward building a INTERNATIONAL DAY IN SUPPORT This working farm would be the temporary climate of cooperation. The advent of the OF THE VICTIMS OF TORTURE home for teenage boys. After school and on World Wide Web has made the task of the weekends, the boys would learn to cook, PCI simpler in some respects, by permitting HON. CHRISTOPHER H. SMITH the movement of information in a more effi- clean and do laundry through the 4–H, and try cient manner. Yet without a sense of the OF NEW JERSEY their hand at farming. Stephanie hopes that by human being sending an e-mail, or the orga- IN THE HOUSE OF REPRESENTATIVES taking the teenagers into a new environment, nization maintaining a website, the official, Wednesday, June 26, 2002 giving them close supervision and lots of at- the executive, or the academic who may be tention, she and a staff of professional coun- seeking a solution remains uncertain and un- Mr. SMITH of New Jersey. Mr. Speaker, I selors and tutors can turn the teenagers convinced. rise today to introduce a resolution con- around before they succumb to alcohol, drugs The Pacific Community Institute seeks demning the use of torture and other forms of or gangs. today to promote international education cruel, inhumane, or degrading treatment or based on the concept that both sides of the Stephanie McKenna is selflessly working to punishment wherever they occur—in the Pacific can learn from each other. PCI is cur- United States and other countries. As the make a difference in the lives of many teen- rently working to develop a graduate level, age boys in need of direction, and therefore Western-style curriculum in business. The United States has become a safe haven for she is a Lehigh Valley Hero in my book. role of the PCI is to oversee the content of hundreds of thousands of torture victims, the Mr. Speaker, this concludes my Report from the program, curriculum, the credentials of resolution also expresses support for the vic- Pennsylvania. the instructors, and performance of grad- tims of these heinous acts. I am pleased that uates. In general, PCI fosters the idea of ap- f I am joined by my colleagues, Representatives propriate conferences designed to enhance STENY HOYER, BEN CARDIN, and ALCEE the sort of personal contact that makes an e- IN RECOGNITION OF THE PACIFIC HASTINGS, as original cosponsors of the meas- AMERICAN INTERNATIONAL mail message a genuine commodity, and not ure. The Chairman of the Helsinki Commis- HIGHER EDUCATION SCHOOLS a nuisance. The Pacific Community Institute, in its sion, Senator BEN NIGHTHORSE CAMPBELL, is COUNCIL INAUGURATION role to improve inter-relationships, under- introducing an identical resolution in the Sen- standing, and economic well-being within ate. HON. GARY L. ACKERMAN the nations of the Pacific region, is in the Torture remains the weapon of choice of op- OF NEW YORK process of organizing such an organization: pressive regimes. In the worst cases, it is sys- The Pacific American International Higher IN THE HOUSE OF REPRESENTATIVES tematically used to silence political opposition, Education Schools Council. The Council, punish religious minorities, and target those Wednesday, June 26, 2002 composed of an elite professional group of Academicians, will create and oversee an who are ethnically or racially different from Mr. ACKERMAN. Mr. Speaker, I would like MBA program to meet the high standards of those in power. to enter into the RECORD a recent speech the International Community and the spe- It is estimated that some 500,000 torture given by a distinguished former Member of cial needs of the educational requirements of survivors live in this country alone, most of this body, Former Congressman Lester L. young people residing in the Pacific Rim. whom came here as refugees. The debilitating

VerDate 112000 03:48 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.021 pfrm12 PsN: E27PT1 June 27, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1159 effects of torture often last a lifetime and re- MOROCCO’S ACTIVE ROLE IN THE our oldest and most faithful ally in the entire quire substantial medical, psychological and WAR AGAINST INTERNATIONAL Arab and Muslim world. other treatment. Although they are aided by 34 TERRORISM f centers in 19 states, the needs of the victims are extensive. I will continue to support fund- ALBERT GRAVES, A PUBLIC HON. LINCOLN DIAZ-BALART SERVANT AND AN INSPIRATION ing for torture treatment centers in the United OF FLORIDA States, as well as foreign treatment centers IN THE HOUSE OF REPRESENTATIVES funded through the U.S. Agency for Inter- HON. MIKE ROSS Wednesday, June 26, 2002 national Development, and multilateral efforts OF ARKANSAS supported by the UN Voluntary Fund for Vic- Mr. DIAZ-BALART. Mr. Speaker, in the past IN THE HOUSE OF REPRESENTATIVES tims of Torture. Mr. Speaker, I also want to 2 weeks, both the Washington Post and The Wednesday, June 26, 2002 commend the non-governmental organizations New York Times have devoted page-one sto- Mr. ROSS. Mr. Speaker, I rise today to pay which seek to document this abuse and hold ries to the extraordinary support and coopera- tribute to Albert Graves, a lawyer, a business- perpetrators accountable. tion Morocco has been providing the United man, and a community leader who died on At the same time, I will be working to en- States in the war against terrorism. At a time June 13, 2002, at the age of 92. It has been sure that the United States continues to play when many in the media and elsewhere have written of Albert that he built his power in an a leadership role in the battle against torture been questioning whether the resolve of U.S. unusual way by helping the community when- by signaling our unwavering condemnation of allies and friends has been slackening, Moroc- ever he could, without regard for who got this egregious practice. It is particularly impor- co’s actions take on even greater significance. credit. tant that we send that message now, when ir- Specifically, these stories refer to the ar- Albert Graves was born on Christmas Day, responsible voices are suggesting that torture rests, announced on June 10, of three Saudi 1909, in Hope, AR. Perhaps that was an indi- may be a necessary tool against terror. Tor- nationals who are believed to be part of the al cation of what a gift he would become to that ture creates terror. That is its purpose, and it Qaeda network. According to the Washington community. After graduating from Hope High makes no sense to wage war to defend our Post, June 16, 2002, which cited senior Mo- School in 1926 and Hendrix College in 1930, great democratic republic and respect for the roccan officials, these men ‘‘have told interro- Albert received his law degree from Harvard rule of law and use methods that denigrate the gators that they escaped from Afghanistan Law School in 1933 and soon joined his fa- very values we seek to protect. Torture is un- and came to Morocco on a mission to use ther, O.A. Graves, in practicing law. The constitutional, barred by the laws of the United bomb-laden speedboats for suicide attacks on young attorney made a name for himself in States and the laws of all civilized nations. U.S. and British warships in the Strait of Gi- Hope, and at the age of 25 was elected The resolution that Sen. CAMPBELL and I are braltar.’’ Moreover, they have provided ‘‘what mayor, the youngest in that city’s history. introducing underscores that message. It rec- officials describe as a fuller understanding of Albert served as mayor of Hope from 1935 ognizes the United Nations International Day al Qaeda’s strategy since its expulsion from to 1939, and from 1941 to 1947. His career in in Support of the Victims of Torture—June 26 Afghanistan . . .’’ public service was not limited to city hall; he each year—and encourages the training of law Days later, on June 19, Moroccan authori- served as president of the Hope School Board enforcement personnel who are involved in ties revealed they had taken into custody an- from 1953–57, and was chairman of the Hope the custody, interrogation, or treatment of any other Saudi national—this one a senior opera- Water and Light Commission. Albert was quite individual who is arrested, detained, or impris- tive who reputedly ran several of Osama bin active in Arkansas’s law community and was oned, with the hope of preventing the use of Laden’s training camps in Afghanistan, helped a member of numerous associations and foun- this practice. The resolution also calls on the direct the evacuation of al Qaeda from Af- dations, and he served as chairman of the Secretary of State to seek, at relevant inter- ghanistan, and, in the words of the BBC, June State Judicial Nominations Committee each national fora, the adoption of an agreement to 19, 2002, is ‘‘central to al Qaeda’s inter- year from 1978 until 1982. He was also quite treat confessions and other evidence obtained national recruiting network . . .’’ This indi- active in the First United Methodist Church, through torture or other forms of cruel, inhu- vidual is said to be a close associate of Abu and taught the Century Bible Class for more mane, or degrading treatment or punishment, Zubaydah, the suspected al Qaeda operations than 50 years. as inadmissible in any legal proceeding; and chief who was apprehended in Pakistan and Albert Graves was Hempstead County’s Cit- to prohibit, in law and in practice, incommuni- who has apparently been giving U.S. interro- izen of the Year in 1978, and was an inspira- cado detention of prisoners. gators valuable information. tion and a model for his community. He was I urge my colleagues to join me in sup- On June 26, the New York Times and the well-respected, well-loved, and will be fondly porting this resolution and giving it timely con- French press agency AFP carried stories of remembered. As a child growing up and attending public sideration. still more arrests by Moroccan authorities, in- cluding yet another five Saudi nationals and school in Hope, I saw him as one who was in- f three of their local contacts. volved in his community, a successful busi- Mr. Speaker, these developments represent nessman and accomplished attorney who took POLICE SECURITY PROTECTION important breakthroughs in the long and dif- the time to give back. I looked up to him and ACT ficult struggle against the forces of terror—and was inspired by his example. the very nature of that struggle requires that My heart goes out to his wife, Marilyn, his HON. RON PAUL we have strong, reliable, consistent partners. three children, seven grandchildren, and 16 great-grandchildren in what I know is a difficult OF TEXAS Thankfully, Morocco is such a partner. As the time for them. I am keeping all of them in my IN THE HOUSE OF REPRESENTATIVES New York Times noted, June 24, 2002, ‘‘Mo- rocco, the first Muslim country to condemn the thoughts and in my prayers. While Albert Wednesday, June 26, 2002 attacks of September 11, has escaped the ter- Graves may no longer be with us, his life and Mr. PAUL. Mr. Speaker, I am pleased to rorism that plagues its neighbors.’’ And that legacy live on in the lives of all those he help America’s law enforcement officers by in- newspaper went on to quote a Western dip- touched. troducing the Police Security Protection Act. lomat in Morocco as saying, ‘‘The Moroccans f This legislation provides police officers a tax worked hard to help nail these guys.’’ A TRIBUTE TO FATHER PAUL J. credit for the purchase of armored vests. The Washington Post, June 16, 2002, NOMELLINI ON THE OCCASION As recent events have reminded us, profes- quoted a Western diplomat as saying, ‘‘The OF THE 25TH ANNIVERSARY OF sional law enforcement officers put their lives Moroccans take very seriously their 225-year HIS ORDINATION AND HIS RE- on the line each and every day. Reducing the old relationship with the United States. There TIREMENT tax liability of law enforcement officers so they is good cooperation . . . They’re serious.’’ can afford armored vests is one of the best The diplomat continued: ‘‘The Moroccans have HON. BART STUPAK ways Congress can help and encourage these asked for nothing. Nothing. They made a deci- OF MICHIGAN brave men and women. After all, an armored sion to cooperate and they stuck to it.’’ IN THE HOUSE OF REPRESENTATIVES vest could literally make the difference be- Mr. Speaker, we can only hope that other tween life or death for a police officer, I hope friends of the United States will prove to be as Wednesday, June 26, 2002 my colleagues will join me in helping our na- helpful. In the meantime, let us thank Morocco Mr. STUPAK. Mr. Speaker, it was in 1973 tion’s law enforcement officers by cospon- for its ongoing support and cooperation—and that Brother Paul Nomellini, a professed reli- soring the Police Security Protection Act. let us continue to work closely with this friend, gious brother in the Congregation of the Holy

VerDate 112000 03:48 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.025 pfrm12 PsN: E27PT1 E1160 CONGRESSIONAL RECORD — Extensions of Remarks June 27, 2002 Cross of Notre Dame, was flying to Wash- we’ll wink privately, Mr. Speaker, because we A SPECIAL TRIBUTE TO MICHAEL ington D.C. to attend a conference here in know that we are all travelers, innocent of the J. KERSCHNER ON HIS FIFTIETH Georgetown. Then a teacher in the inner city knowledge only God holds for our futures, and BIRTHDAY of Chicago, Brother Paul on that flight met and God may yet have revealed another plan for struck up a conversation with a former mem- Father Nomellini. In the past I nominated him HON. PAUL E. GILLMOR ber of this body and a former member of my to be Chaplain of the U.S. House, and he has OF OHIO delegation, then-Congressman Gerald Ford. attended the National Prayer Breakfast here in IN THE HOUSE OF REPRESENTATIVES They shared their flight in the innocence of Washington, D.C. One thing I know for sure— travelers unaware of their real destination. By Father Paul will go where God and his heart Wednesday, June 26, 2002 the end of the year, Congressman Ford, the command him. Mr. GILLMOR. Mr. Speaker, I rise today to politician, had become Vice President Ford So I ask you and our House colleagues to pay special tribute to an outstanding gen- and was on his way to becoming President join me in wishing Father Paul Nomellini our tleman from Ohio’s Fifth Congressional Dis- Ford. Brother Nomellini, the teacher and reli- greatest thanks for his life of service as a trict. Mike Kerschner of Tiffin, Ohio, will cele- gious brother, would that same year acknowl- teacher, a pastor, and a guiding friend, and I brate a milestone fiftieth birthday on June 29, edge his calling to the priesthood. He would in ask you to join me in wishing him all the best 2002. 1973 embark on the path to Holy Orders that in his retirement. May God grant him many Mr. Speaker, Mike is celebrating this monu- would eventually lead him to be leader of the wonderful years. mental occasion with family and friends, all congregation of St. Mary Queen of Peace who have known of his selfless contributions Church in Kingsford, Michigan. f to the local community. Serving the community Because our futures are so uncertain, Mr. was not only Mike’s duty but also his honor. Speaker, it’s best we entrust our lives to Good H.R. 4560, THE AUCTION REFORM His efforts to give back to the community have Hands, and I’m sure that President Ford as ACT OF 2002 brought him a lifetime of both personal and well as Father Nomellini have long acknowl- professional achievement and satisfaction. edge the Lord’s role in helping to shape their HON. W.J. (BILLY) TAUZIN Mike truly is a valued asset to the City of Tif- lives and destinies. So I rise tonight, Mr. fin. OF LOUISIANA Speaker, to report that a major chapter in the Mike has served Tiffin well throughout his life of Father Nomellini will close on July 1, IN THE HOUSE OF REPRESENTATIVES years, both professionally and philanthropi- this coming weekend, when the good pastor Wednesday, June 26, 2002 cally. Currently, Mike serves as President & marks his 25th anniversary as a priest and CEO of the Old Fort Banking Company. He Mr. TAUZIN. Mr. Speaker, ‘‘H.R. 4560 will goes into retirement. also holds a seat on the board of directors of clarify Congress’s position on the 700MHz Despite his years of teaching in Illinois and the Seneca Industrial and Economic Develop- band width. In lieu of Committee action, the Ohio, Father Nomellini is a true son of the ment Corporation, Tiffin Area Chamber of following points should be noted for the Upper Peninsula of Michigan. He is a native of Commerce, Fostoria Economic Development record.’’ Hancock on Michigan’s Keweenaw Peninsula Corporation, and the Community Bankers As- Section 6 ensures that the Federal Commu- and is a graduate of Hancock High School. He sociation of Ohio. nications Commission’s (FCC) policies that are attended Hancock’s Soumi College—now Mike readily gives of his time to numerous designed to clear channels 52–69 do not re- Finlandia University—before going on to the charitable causes that include the Saint sult result in an increased level of interference University of Notre Dame, where he received Francis Foundation, and the local United Way to ‘‘in core’’ channels 2–51, by permitting the his bachelor’s degree in English and took his Foundation. He considers it a distinct privilege operation of an analog facility on a channel vows as a religious brother. He later earned a to serve his community through his involve- assigned for digital transmissions was not de- master’s degree in guidance and counseling ment with the Tiffin Elks Lodge #94, St. Mary’s signed to accommodate analog operations, from Butler University in Indianapolis, Indiana, Finance Committee, and as President of Sen- and in most instances, relocating analog facili- and a master’s degree in theology from Pope eca Area Career Systems. John XXIII National Seminary in Weston, Mas- ties on ‘‘in core’’ digital channels increases in- Mr. Speaker, I ask my colleagues to join me sachusetts. terference to surrounding analog and digital in paying special tribute to Mike Kerschner. An ordained priest since 1977, Father stations in both the URF and VHF band, to the Our communities are served well by having Nomellini, has served as pastor of the St. detriment of those station viewers. Indeed, the such honorable and giving citizens, like Mike, Mary Queen of Peace Parish in Kingsford for increased levels of interference has the ability who care about the well being and stability of nine years. Before that, he served in parishes to deprive television viewing households of the their communities. We wish him the very best across the Upper Peninsula, including St. Pe- signals they depend upon for news, entertain- on this special occasion, and wish him many ters Cathedral and St. Michael Parish in Mar- ment, and sports programming. more years of good health and good fortune. Sub-section 6(a) specifically prohibits the quette, St. Joseph and Nativity parishes in f Sault Ste. Marie, St. Mary & St. Joseph Parish FCC from granting waivers to its spacing re- in Iron Mountain, St. Joseph Parish in quirements (as required by section 73.610 of COMMENDING THE INDIANAPOLIS Rudyard, Holy Family Mission in Barbeau, Sa- the Commission’s rules (and the table con- URBAN LEAGUE AND THE LOCAL cred Heart Parish in Schaffer, St. Michael Par- tained therein) (47 CFR 73.610)) and its inter- CHAPTER OF THE NATIONAL ish in Perronville, St. Joseph Mission in Foster ference rules (as required by sections 73.622 ACHIEVERS SOCIETY City, and St. George Parish in Bark River. and 73.623 of such rules (47 CFR 73.622, In a recent interview with the Iron Mountain 73.623),) for stations assigned to channels HON. JULIA CARSON Daily News, Father Nomellini told reporter 52–69, that seek to operate an analog facility OF INDIANA on a digitally assigned ‘‘in-core’’ channel Linda Lobeck of his great love of teaching, but IN THE HOUSE OF REPRESENTATIVES he spoke with the greatest pride of the many (channel 2–51), if such waiver will result in accomplishments and the community commit- any degradation in or loss of service, or an in- Wednesday, June 26, 2002 ment of his Kingsford parishioners. From creased level of interference, to any television Ms. CARSON of Indiana. Mr. Speaker, it is church improvements and expansions to local household, except as the Commission’s rules with great pride that I rise today to extend outreach programs, this parish surely reflects would otherwise expressly permit, exclusive of heartfelt congratulations to the Indianapolis the spirit and love of its priest for the commu- any waivers previously granted. Urban League and the local chapter of the Na- nity. Pursuant to sub-section 6(b), television sta- tional Achievers Society. Mr. Speaker, my wife Laurie and I will at- tions assigned to channels 63, 64, 68 and 69, More than 350 outstanding high school stu- tend Father Nomellini’s 25th Anniversary and that are seeking to clear these channels in dents have been inducted into the Indianapolis Retirement Party on July 1. We will join with order to make such frequencies available for Urban League’s local chapter of the National parishioners in lamenting his departure from public safety purposes by moving their facili- Achievers Society (NAS). The first induction the parish, and we will wish him well on his ties into the core (channels 2–51) will be gov- was held June 30, 2001. The induction was planned retirement projects, which, he told the erned by the FCC’s interference rules and coordinated by the Indianapolis Urban League, Daily News, include ‘‘reading, listening to policies, including the waiver process. Sub- along with Urban Leagues in other cities music, traveling and going to musicals and section 6(b) should not be construed as reliev- across the country and was a part of the Na- plays.’’ Maybe, he said, he’ll exercise that love ing stations from the obligation to meet the tional Urban League’s Campaign for African- of English and write a book or play or two. But FCC’s traditional waiver requirements. American Achievement, a community-based

VerDate 112000 03:48 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.029 pfrm12 PsN: E27PT1 June 27, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1161 movement that embodied the values of aca- ficiaries the option of a reasonably-priced ficiaries currently pay for prescription drugs by demic achievement, social development and guaranteed prescription benefit under Medi- utilizing the collective bargaining power of civic responsibility. care; and ensure that senior citizens and peo- Medicare’s 40 million beneficiaries to guar- In Indiana, the Indianapolis Urban League ple with disabilities receive coverage for the antee lower drug prices. By closing some was a part of (22) Urban League Affiliates drug their doctor prescribes and not some loopholes in current law that prevent or delay chosen from (115) affiliates across the country substitute that an insurance company deems generic drugs from coming to market, this leg- to implement the Campaign for African-Amer- ‘‘equivalent.’’ islation also reduces drug prices for all Ameri- ican Achievement. The League will receive a Unlike the competing Republican legislation, cans. minimum of $500,000 over a five-year period our plan would never force seniors into an While our colleagues on the other side of to draw attention to and support for the urgent HMO or similar private plan in order to get a the aisle are engaged in a cynical political ex- achievement and developmental challenges prescription drug benefit. ercise designed to bring themselves political facing students in Marion County. Republicans claim they are giving seniors a cover, ours is serious legislation. It would Students selected were high school juniors ‘‘Medicare’’ prescription drug benefit, but their bring senior citizens Medicare prescription and seniors of color who have a GPA of 3.0 legislation really provides subsidies to insur- drug coverage. or higher and plan to pursue higher education. ance plans and HMOs, not to beneficiaries. When President Harry Truman first pro- The Indianapolis Urban League encouraged Republicans claim they are offering bene- posed Medicare in his second term, a wide youth, parents and all community members to ficiaries a certain level of coverage, but their array of Republican forces were against him participate in activities that highlighted edu- legislation really leaves virtually all of the im- saying he could not do it. Truman said: ‘‘We cational success and achievement, and placed portant decisions to the private insurance may not make it [now], but someday we will.’’ their names on a national registry nominating companies. Eventually, Truman and other Medicare advo- them for scholarships up to $10,000. Under the GOP plan, private insurers will cates succeeded. Harry and Bess Truman be- Today, the Indianapolis Urban League decide which drugs are covered and which are came the first Medicare enrollees in 1965. awarded $222,000 in scholarships to (24) stu- not. If your drug is not on the list, too bad. Mil- The Republican leadership may prevent us dents. The highest number awarded to any lions of seniors will not be able to afford their from passing a true Medicare prescription drug Urban League Affiliate in the country. prescriptions under the GOP plan. Under the benefit now, but they cannot stop us in the GOP plan, private insurers can pick and Mr. Speaker, it is my distinct pleasure to en- long run because that is what seniors and all choose which pharmacies to include in their sure that the accomplishments of these stu- Americans have said they really want. networks. If your neighborhood pharmacy is dents from my district are forever memorial- As PETE STARK points out, prescription drug not on the preferred list, you are out of luck. ized in the CONGRESSIONAL RECORD of the coverage is as essential to seniors’good The bottom line is that those who can buy United States of America. Let all who read insurance under the GOP plan may find their health in the 21st century as coverage of doc- these pages know that a very special group of choice of pharmacies severely limited or that tor visits and hospital stays was in the 20th people in Indianapolis, and across the country they cannot get coverage for the drugs pre- century. We have also included in this bill provider are ‘‘Spreading the Gospel that Achievement scribed by their doctor. Matters.’’ Many HMOs have unfairly limited health payment reforms and increases that match or, f care in the past. That’s what the Patients’ Bill in some important areas, exceed those in the of Rights debate has been about. They’ve Republican-crafted Medicare Modernization THE MEDICARE RX DRUG BENEFIT and Prescription Drug Act. AND DISCOUNT ACT been unreliable partners in Medicare to date; just look at the problems in the If you want to see the real difference be- Medicare+Choice program. And now the Re- tween Democrats and Republicans, look at HON. CHARLES B. RANGEL publicans want to put them in charge of this prescription drug coverage. While Republicans OF NEW YORK medication benefit under their ‘‘privatization’’ protect the pharmaceutical industries’ profits, IN THE HOUSE OF REPRESENTATIVES model. the Democrats protect seniors from sky- Wednesday, June 26, 2002 Republican leaders have never liked Medi- rocketing prescription drug costs. I urge my care. Former Speaker Gingrich once said colleagues to look at the fine print, and to vote Mr. RANGEL. Mr. Speaker, today, I am Medicare would ‘‘wither on the vine because for this legislation when the opportunity arises. proud to introduce the Medicare Rx Drug Ben- we think people are voluntarily going to leave f efit and Discount Act with JOHN DINGELL, the it.’’ In 1995, DICK ARMEY called Medicare: ‘‘a INTRODUCTION OF MEDICARE RX Dean of the House and Ranking Member of program I would have no part of in a free BENEFIT AND DISCOUNT ACT the Energy and Commerce Committee. Our world.’’ Ranking Member on the Ways and Means Their legislation—the so-called Medicare Health Subcommittee, PETE STARK, has had a Modernization and Prescription Drug Act—lays HON. JOHN D. DINGELL leadership role in the development of this leg- the ground work for them to make good on OF MICHIGAN islation, as have so many other health care their desire to do away with the program. The IN THE HOUSE OF REPRESENTATIVES leaders in our caucus. Republican prescription drug plan is the first Wednesday, June 26, 2002 This legislation makes good on our promise step towards privatizing Medicare. to add affordable, comprehensive prescription It forces seniors to deal with private insur- Mr. DINGELL. Mr. Speaker, I am pleased to drug coverage to Medicare. ance companies instead of having the choice join with my Democratic colleagues in intro- The Democratic bill will look, smell, taste, of getting prescriptions through Medicare. It in- ducing a real prescription drug benefit bill. and feel like any other Medicare benefit, be- cludes a premium support demonstration pro- Unlike the bill introduced by our Republican cause it is a Medicare benefit. Beneficiaries gram that could significantly raise the pre- colleagues, our bill can be simply explained, will not have to deal with an HMO or other pri- miums of beneficiaries who wish to stay in tra- because it is built on a simple, known, and ef- vate insurer. ditional fee-for-service Medicare. And it cre- fective model—Medicare itself. Under this legislation, every beneficiary will ates a new agency to oversee the private Just like seniors pay a voluntary premium be guaranteed a $25 monthly premium, $100 plans that lacks authority to provide adequate for Part B medical costs such as doctor visits, annual deductible, 20% co-insurance and oversight and disadvantages the agency cur- our bill provides for a voluntary Part D drug $2000 out-of-pocket limit, no matter where rently responsible for administering Medicare. premium of $25 per month. For that, the Gov- they live. In contrast, we base our plan—not on a ernment will pay 80% of drug costs after a We provide additional assistance for low-in- flawed privatization model—but on the suc- $100 deductible. And no senior will have to come beneficiaries. Those with incomes up to cessful Medicare program. We offer a genuine pay more than $2,000 in costs per year. 150% of the poverty level ($13,290 for one Medicare plan, providing an affordable vol- These are real numbers, not estimates. The person) will pay nothing. Those with incomes untary drug coverage to all American seniors benefits and the $25 monthly premium are between 150–175% ($13,290–$15,505 for a through Medicare. specified on page 1 of the bill. Unfortunately, single person) of poverty will pay premiums on Under this legislation, no senior will ever there are no such guarantees in the Repub- a sliding scale. have to choose between putting food on the lican bill. The Medicare Rx Drug Benefit and Discount table or paying the rent and the drugs they On top of that, we will be arming seniors Act would: Lower prescription drug costs for need. with the most potent protection from soaring all Americans, regardless of whether they par- This legislation also helps reduce the sky- drug costs. Forty million seniors banded to- ticipate in our plan; give all Medicare bene- rocketing costs that seniors and other bene- gether under the buying power of Medicare,

VerDate 112000 03:48 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.033 pfrm12 PsN: E27PT1 E1162 CONGRESSIONAL RECORD — Extensions of Remarks June 27, 2002 we can begin to use the necessary bargaining Daily News, Griffin, Georgia. It was so moving broke down, due again to the NVA not nego- power to rein in high drug prices. that I felt the entire article should be read by tiating in good faith, President Nixon put This is not price controls; it is competition every Member of Congress and I would like to the baseball bat to their heads and for the first time brought the North Vietnamese to and bargaining. We saw that the Government submit it for the RECORD., was effective in negotiating a competitive price their knees in Operation Linebacker II. EVERY CONFLICT DEMANDS DIFFICULT CHOICES They signed readily in January to end the for the prescription drug Cipro during the an- (By Philip Smith) war. Linebacker II was a lesson on the use of thrax outbreak. Why shouldn’t we do the same force. In Vietnam, we pussy-footed around I will address a subject that has had a spe- for other life saving drugs for seniors? the military power and paid a high price for cial meaning to me. It is called by some as In contrast to our simple and effective pre- it. We fought much longer and escalated far ‘‘limited war.’’ It gets started by a stronger higher than we had ever intended, and we scription drug benefit, the Republican bill is a country answering the call of a weaker coun- lost. Think what might have happened if complex scheme that would make Rube Gold- try (or should I say government) to protect Linebacker II had been unleashed in 1965 and berg blush. In fact, it is not a drug benefit at and shield it by limited involvement from not 1972. all. It is a host of subsidies to private insurers outside intruders while it has time to orga- (2) Attrition and gradualism often are in the hope that they will offer a drug-only nize a means to govern and protect itself. lumped together. Our ability to wear down This start had a heavy meaning to this coun- benefit to seniors. Will they? Time and again an enemy whose history since B.C. had been try in the early 1960s, especially on Aug. 5, they have told us no. to endure pain, ended ultimately in failure. 1964, when the first U.S. pilot was shot down Why would the Republicans put forward Small powers can fight big powers in attri- and taken POW. The U.S. Veterans Adminis- such a model? Well, quite simply they have a tion wars and win. The pattern is the same: tration declares this date as the beginning of larger agenda—they want to privatize all of Initial public support, prolonged struggles the American Vietnam era. without apparent result, decreasing public Medicare, and this is just another step. That is War is born of failure—the failure of na- support, one battle that goes badly, a vote of the only reason why seniors are not even tions to resolve their differences diplomati- no-confidence, then withdrawal. But, it is given a choice of getting the benefit through cally and peacefully. Furthermore, it is possible to fight a war of attrition if there is their traditional Medicare provider. waged with tools of death and destruction so total war. mobilization and commitment in And why don’t they endorse our plan? Our that man may live in peace. the initial public support phase, such as plan is simple; it is comprehensive; it is what We found out just what was defined and World War I or World War 11. not defined by ‘‘limited war’’ over the next seniors want. The Republicans have raised (3) Rules of engagement. We fought within 8.5 years of the Vietnam War. That war, just one issue: they say it costs too much. specific rules of engagement while the which we lost, ended Jan. 27, 1973. After this Well, I can tell you that we can afford it. It is enemy pursued a total war. As a helicopter decade (now 25 years) to ponder lessons of just a matter of priorities. pilot, we could not fire on the enemy unless Vietnam, we can realistically think about To put the costs in perspective, we are told we were not only being fired on first, but the use of force again. It is my purpose to try only if we had the specific person or persons that our bill may cost $500 billion dollars more to show some areas which must not be for- identified. ‘‘Charlie’’ could fire at us while than the Republican proposal over 10 years. gotten and must be completely understood standing among a group of working peasants Well, just a couple of weeks ago our Repub- before we can think more clearly about po- or villagers, and we could not return fire. lican colleagues voted for a bill to make per- tential future conflicts. It took 10 years after But, he would give a child from this village my return from Vietnam before I wanted to manent the repeal of the estate tax on the a live grenade to pull the pin out as he read and understand the history of the coun- wealthiest people in this country. In the sec- walked up to some G.I. or rode in a heli- try and the lessons we learned from the ond decade when that permanent repeal kicks copter. There were geographical restrictions whole war. I have read many books and arti- in, it will cost the Treasury $750 billion. for us, but none for the enemy. Don’t think cles, but I am by no means an expert. I am So, yes, this bill may be expensive. Seniors these rules won’t demoralize a soldier fast. smart enough to know that experience is the will spend $1.8 trillion on prescription drugs (4) The people. To win any war, the will of best teacher. We can’t let this experience go the people must identify with the will of the over the next decade. That is expensive. But by without learning her lessons. They were we can do something about it. It is a matter conflict. For a young man to leave home too costly. These are my views, but they are while watching his country protest his leav- of choices. shared by more than 95 percent of all the ing to fight an unpopular war and to arrive Our prescription drug benefit has the strong combat Vietnam vets I have talked with. into that country seeing people protest his support of organizations representing millions There is Total War, Limited War and Unilat- being there and fighting in a war where he of seniors, such as the National Committee to eral in Action. With all the massive destruc- has ‘‘rules of engagement’’ but the enemy Preserve Social Security and Medicare, the Al- tive power in all the countries of the world, does not, it doesn’t take him long to see the liance for Retired Americans, the National total war is an absurdity, just plain suicide. futility in that war. Council on Aging, and AARP. They recognize Unilateral in action is just turning your The will of the (Vietnamese) people was back as your hear screams of your friends our benefit is a good value for seniors. not the will of the government, no matter dying because you don’t want to get in- how much military hardware they had. So, The bill we are introducing today also in- volved. Limited war is between the Fierce cludes provisions to shore up the Medicare without this ‘‘will,’’ the enemy could hide in Hawk and the coward dove. In any future the open all over the country because they fee-for-service system such as increased pay- conflict, or better yet before any future con- were the people. Without this ‘‘will of a peo- ments to hospitals, doctors, and nursing flict, we need to make some hard choices ple’’ to fight for a change, a change could homes. Senior citizens and individuals with about (1) what the particular situation re- never survive, an it didn’t. disabilities depend on Medicare fee-for-service quires; (2) what our final objectives are and Some of the veterans of World War II and and ensuring its continued viability has always (3) how valuable are these objectives to the the Korean War have asked what is so spe- been a priority for Democrats. U.S., i.e., is it strategically a necessity to cial about the Vietnam combat vet. They, The Medicare Rx Benefit and Discount Act the U.S.? Is it worth the blood of our young too, went through war. War is the same men? Is it necessary in the survival of this through time; only the weapons change. The is a solid bill that provides a comprehensive, country? Then, we need to develop appro- affordable, and much needed prescription drug horrors and pains and ever-present night- priate forces. mares of war are the same after all wars. So, benefit in Medicare. It also moves towards en- There are four major mistake areas of con- why are we, the Vietnam combat veterans, suring that seniors and those with disabilities cern surrounding Vietnam. (1) Gradualism having so much more of a problem after this can continue to count on the same high qual- was a policy that did not work in South war? ity care from their providers as they receive Vietnam. We thought that if we kept turning Two issues keep coming up in talking with today. the screws tighter on the North, inflicting Vietnam vets: We Lost; we were defeated. We It is a good bill, and I hope my colleagues enough pain, they would stop their aggres- knew we could have won if only allowed to in the House will join us in supporting it. sion on the South. The politicians felt con- fight a war that had final objectives and not strained to this gradually, because of polit- been a political palm. f ical pressure. We were afraid if we went too (1) To my friends that were lost and all the EVERY CONFLICT DEMANDS fast, the Chinese or Soviets would get di- men who died or were wounded or maimed DIFFICULT CHOICES rectly involved, plus our own critics of the for life, what is there to show for this sac- war back home denounced any escalations. rifice? These men were some of the finest Well, every time we tightened the screws, people to ever live, and they answered their HON. MAC COLLINS the North adapted to the pressure and was country’s call, for what? Not only did we who OF GEORGIA able to endure and build up. Our only devi- came home have to live with a losing cause, IN THE HOUSE OF REPRESENTATIVES ation from gradualism was Operation Line- but we came home to some hostile people Wednesday, June 26, 2002 backer II, which was around-the-clock sur- who called us child-killers and dope heads, gically precise bombing campaign of Hanoi, the thanks from a grateful nation. Mr. COLLINS. Mr. Speaker, the following ar- Haiphong and other North Vietnamese cities. (2) The second issue was guilt, guilt of tak- ticle appeared in the May 22, 2002 Griffin In mid-December 1972, when the peace talks ing people and ruining their customs and

VerDate 112000 03:48 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A26JN8.036 pfrm12 PsN: E27PT1 June 27, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1163 form of life so they could wait on the U.S. growth technology companies including Their bill is little more than an attempt to pri- dollar. Families were broken up, beautiful Sensar, Inc., Sarif, Inc., Orchid Biocomputer vatize Medicare, while doling out hundreds of cities and shrines destroyed, a country which and Sarnoff Digital Communications. billions of dollars in Federal tax dollar give- had one of the prettiest coastlines and moun- We in central New Jersey will miss Dr. tains made to look like the moon with so aways to their friends in the insurance and many craters and sprayed so much that Carnes and his steady leadership at Samrnoff. pharmaceutical industries. nothing would grow, Yes, this, then seeing a I hope that all of my colleagues in the House And, no matter which measure you use, ‘‘no win situation,’’ packed up and left only will join with me in wishing him every success beneficiaries will pay more and get less under to see the South Vietnamese retreat in 1975. in his future endeavors. the Republican plan. All the good and bad we had done for more f Our legislation will not be cheap. But we than 10 years was gone in less than 10 days. don’t think twice about the cost of covering I have attempted this collection of views MEDICARE RX DRUG BENEFIT AND doctor visits and hospital stays under Medi- many times, but never have been able to get DISCOUNT ACT care today. I would argue that prescription my thoughts or research completed or knew what to do with it after I had completed it drug coverage is as essential to good health until I talked to a grand lady, who is a re- HON. FORTNEY PETE STARK care in the 21st century as physician and hos- tired teacher in North Carolina. She is a OF CALIFORNIA pital care was in the 20th century when Medi- beautiful, well-educated person, who loves IN THE HOUSE OF REPRESENTATIVES care was created. her country. This lady is special to me. Our Wednesday, June 26, 2002 Make no mistake: The Republican bill is de- eyes get watery when we speak to each signed simply to provide political cover for Re- other. One of the times I was shot down was Mr. STARK. Mr. Speaker, today, House publican members, not prescription drug cov- in Laos along with three other helicopters, a Democrats keep our promise to introduce leg- erage for senior citizens and individuals with gunship pilot friend of mine helped give us islation creating a real Medicare prescription disabilities. air cover until we could be extracted. He was drug benefit. shot down and killed. This friend of mine Our bill meets the needs of the 40 million was her son. This tore her family apart. She The Medicare Prescription Drug Benefit and Americans who depend on Medicare. That’s asked the same question after the war: why? Discount Act is an entitlement that would guar- why the leading beneficiary organizations sup- What was Fred’s life for? What were all antee affordable, comprehensive prescription port this legislation. I look forward to the de- Freds’ lives for? We can’t let a Vietnam ever drug coverage to all senior citizens and indi- bate. I urge my colleagues to join us in sup- happen again. We must learn from our expe- viduals with disabilities who are on Medicare. port of a real Medicare drug benefit. Vote rience. We can’t turn our heads on another It also includes provider payment increases ‘‘yes’’ on the Medicare Rx Drug Benefit and future conflict without these questions an- and reforms that meet or exceed, in selected Discount Act. swered before. We must demand answers areas, those included in the Republican-writ- from Washington. If the answers are yes to f America’s survival and the decision is to go, ten Medicare Modernization and Prescription then the whole country must go for it imme- Drug Act. But this debate is not about provider RECOGNIZING THE TRICENTEN- diately and completely or not at all. payments. It’s about providing beneficiaries NIAL OF ALLEN, MARYLAND This next one may be close, and it may with needed prescription drug coverage. have your sons or grandsons in it. If they The benefit in this legislation is simple. It HON. WAYNE T. GILCHREST have to die, we can’t let them die in vain or has no gaps, and no gimmicks. Beneficiaries OF MARYLAND live with guilt and humiliation the rest of will pay a $25 monthly premium, have a $100 IN THE HOUSE OF REPRESENTATIVES their lives. per year deductible, and 20% co-insurance up Wednesday, June 26, 2002 f to a $2000 out-of-pocket limit. After a bene- ficiary spends $2000, the government pays for Mr. GILCHREST. Mr. Speaker, I rise today HONORING DR. JAMES E. CARNES all other needed prescription drugs. Under this to recognize the Village of Allen’s 300th birth- legislation, a beneficiary will never pay more day. This Maryland community is located in HON. RUSH D. HOLT than $2000 in a year, and most beneficiaries the First Congressional District, which I have OF NEW JERSEY will pay far less. Beneficiaries whose incomes the distinct honor of representing. Established IN THE HOUSE OF REPRESENTATIVES are under 150 percent of poverty will pay no in 1702, I recognize this village for its lon- premiums and no cost-sharing. Those with in- gevity, and through that longevity, for influ- Wednesday, June 26, 2002 comes between 150–175 percent of the pov- encing the unique flavor of Maryland’s Eastern Mr. HOLT. Mr. Speaker, I rise today to pay erty level will receive premium subsidies on a Shore. tribute to Dr. James E. Carnes, a constituent sliding scale basis and pay no cost-sharing. Allen sits in Wicomico County, along of mine who retired earlier this month after a These benefits will be guaranteed for every Wicomico Creek. Central to its establishment distinguished career of service at the Sarnoff beneficiary, regardless of where they live. This was the Grist Mill, which was originally built Corporation, the last eleven and a half years legislation will reduce costs by using the mar- and operated by the Brereton family. The mill as President and CEO. ket clout of 40 million beneficiaries to nego- was fully operational until 1919 when, after Dr. Carnes holds nine U.S. patents and is tiate lower prices. It will also reduce costs for 217 years, it finally closed. The mill dam the author of more than 100 papers and pres- all Americans by closing loopholes in current formed Passerdyke Pond, still a local land- entations. He received the David Samoff law that allow pharmaceutical companies to mark, and it was the spillway, or trap, that Award for Outstanding Technical Achievement game the patent system by preventing com- gave the settlement its first name. Trap even- in 1981. He has made tremendous contribu- petition from equally effective, but lower cost, tually became Upper Trappe, then it was tions to science, to Sarnoff and to our central generic drugs. changed to Allen in 1882, named after a New Jersey community. The Medicare Prescription Drug Benefit and prominent resident at the time who was a Carnes earned his Ph.D. in electrical engi- Discount Act guarantees the choices that mat- storekeeper and served as postmaster. neering from Princeton University and B.S. in ter. Under our plan, Medicare will pay toward With the mill and its location on the lower engineering science from Pennsylvania State the cost of every drug, not just those on which Eastern Shore, Allen developed into a consid- University, and served four years in the U.S. the private insurance company cut a special erable market during the 18th and 19th cen- Navy. deal. And, under our plan, every pharmacy turies. A post office helped give it status, Dr. Carnes began his career in 1969 when that is willing to play by the rules will be wel- along with the several general stores that he joined RCA Laboratories as a member of come to participate. have operated throughout its history and the the technical staff. In 1977, he transferred to And, importantly, unlike the Republican introduction of the canning industry. And like RCA’s Consumer Electronics Division, holding plan, our plan will never force the elderly or most settlements on the Delmarva Penninsula, a variety of management positions, including disabled into an HMO or similar private plan in agriculture drove the local economy, and Allen Vice President of Engineering. In 1987, when order to get a prescription drug benefit. residents have found fame over the years with Sarnoff Carnes became a subsidiary of SRI The prescription drug coverage in the strawberries, apple and peach orchards, toma- International, Dr. Carnes was named Vice Democratic bill will seem just like any other toes, and especially string beans. President of Consumer Electronics and Infor- Medicare benefit, because it is a Medicare The Asbury Methodist Church is another im- mation Sciences Research. benefit. portant Allen institution. Founded in 1829, the In addition to serving on the board of direc- Don’t be fooled by Republican rhetoric. The church helped Allen become one of the ear- tors of SRI International and Sarnoff, Carnes motto of the Republican bill ought to be ‘‘ca- liest free African American communities in the serves on the board of several emerging veat emptor’’—let the buyer beware. Somerset area of Delamarva.

VerDate 112000 03:48 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.039 pfrm12 PsN: E27PT1 E1164 CONGRESSIONAL RECORD — Extensions of Remarks June 27, 2002 Or course, it is people, not buildings, that recognition to the winners of this year’s physical, financial and wheelchair assistance, really form a community, and the people of awards. They are: as well as counseling and guidance. Mr. Luis Bayanilla—For his outstanding Allen have been clearly successful in that It also provides scholarship funding to edu- regard. Without local family heroes—the work and support to the Latino Community of cational institutions, collects, purchases, and Breretons, the Allens, the Pollitts, the Southeastern Massachusetts. Messicks, the Huffingtons, the Twilleys, the Ms. Abigail Ramirez—For her outstanding distributes clothing for children in need, and Polks, the Duttons, the Fileds, and the work and support to the Latino Community of remembers them with presents at holiday time Malones, to name but a few—Allen surely Southeastern Massachusetts. or when they are hospitalized. This past year, couldn’t have survived its 300 years. Mr. Angel Urena—For his outstanding work the Foundation provided hundred of toys to The people of Allen not only helped to de- and support to the Latino Community of the children of New York City’s Police and Fire velop a thriving village, but also shared their Southeastern Massachusetts. Department’s fallen heroes. talents with greater Maryland. From within Al- Festival Herenicia Hispana, Inc.—For their In cooperation with Bally Fitness Centers efforts in keeping the Latino Culture alive in len’s boundaries have grown community and and under the direction of its President Rabbi regional leaders, sports heroes, and success- Southeastern Massachusetts. Yaacov Kaploun, and Executive Vice Presi- ful business entrepreneurs; Allen’s people Ms. Aracelys Rodriguez—For her efforts have served Maryland for centuries. In fact, and support to the Latino Community and her dent Yehuda Kaploun, the Foundation has Allen’s citizens began establishing and build- dedicated work as an education professional. been able to establish 22 physical fitness and ing a community before the birth of the United Ms. Norma Collazo Porcha—For her efforts therapy centers and has arranged for sound States. and support to the Latino Community and her and musical equipment in other institutions. Allen is a true American village. It rep- dedicated work as an education professional. In conjunction with Downtown Film Produc- resents community, tradition, heritage and per- Mr. Adrian C. Pina—For his dedicated work tions, The Moses and Aaron Foundation pro- manence. Peppered with historic buildings, Al- as a role model and achievement as a College duced ‘‘Chazak—A Testament of Strength’’, len’s pride in its history is evident, a history I Student. an award winning documentary highlighting honor today. Allen, however, is much more Kids Against Drugs—For their efforts in pro- the effect of music on special children. This than its history; it is a thriving residential vil- viding education to the New Bedford Commu- lage with strong leadership and an active com- nity about drugs and their dedication to philan- monumental documentary serves as a vehicle munity. Contributing to the strength of Allen’s thropic causes. to sensitize and educate the entire community community spirit are the Lion’s Club, a Volun- Dennison Memorial—For their commitment on the needs of its special and outstanding teer Fire Company, the Historical Society and and support to the Latino Community and the citizens. the Asbury and Friendship United Methodist Community at large of New Bedford, Massa- On Saturday night, July 20, 2002 at the Churches. These organizations preserve his- chusetts. Monticello Raceway in Monticello, New York, tory while moving Allen forward into its third Boys and Girls Club—For their commitment the Moses and Aaron Foundation under the and support of the Latino Community and the century. Honorary Chairmanship of Nobel Laureate Eli Allen is certainly one of Maryland’s hidden community at large of New Bedford, Massa- Weisel, will sponsor its sixth Summer treasures, so please join me in recognizing chusetts. and celebrating the history of Maryland’s Mr. Raymond Patnaude—For his support to ‘‘Chazak—Strength’’ Concert paying tribute to charming Village of Allen in this, its 300th the Latino Community of New Bedford, Mas- special children. The guests of honor will be year. sachusetts. the special children, some of whom will per- f Dr. Alvaro Lopez—For his support to the form with the entertainers on stage. A tribute Latino Community and his expertise in the will also be held in memory of the fallen he- CONGRATULATIONS TO THE WIN- medical field. roes of the September 11th attack on the NERS OF THE SOUTHEASTERN Mr. Dennis Halls—For his support and com- World Trade Center. MASSACHUSETTS HISPANIC REC- mitment to the Latino Community. The corporate and individual sponsors of OGNITION AWARDS Rev. Hector Correa—For his years of serv- ice and commitment to the Latino Community. the Moses and Aaron Foundation include Mr. HON. BARNEY FRANK Ms. Bernice Diaz—For her support and David Buntzman, Mr. Jonathan Fleisig, Mr. OF MASSACHUSETTS dedication to the Latino Community of New Robert Gans, Mrs. Richard Gans, Mr. Avi and IN THE HOUSE OF REPRESENTATIVES Bedford. Dr. Laura Greenbaum, Mr. and Mrs. David Hirsch, Mr. and Mra. Ira Rennert, Mr. Charles Wednesday, June 26, 2002 Mr. Speaker I believe that both the award recipients and the committee that has pulled Rosenay, Dr. Steven Stowe, and Mr. Eli Roth- Mr. FRANK. Mr. Speaker, on July 26, the this event together deserve our thanks for man. I recognize the late Phyllis Cohen for her Southeastern Massachusetts Hispanic Rec- their hard work on behalf of the best of Amer- support of the Foundation, contributing to the ognition Awards Committee, Incorporated will ican ideals. And I have chosen to share this improvement in the quality of life of special hold their third annual award ceremony. I am with my colleagues because I believe it is children. delighted to extend my congratulations to such an excellent example of how a commu- committee chairman Emilio Cruz, co-chair nity can deal with both the challenge and I also recognize the support given to the Johnny Arellano, and committee members promise of diversity. Moses and Aaron Foundation by Steve and Jose Perez, Carlos Arellano and Jose f Shirley Slesinger, who have brought happi- Rodriguez, Bernice Diaz, Reubecca Rivera, ness and smiles to the faces of millions of Glenda Izaguirre and Gladys Medina. IN HONOR OF THE MOSES AND America’s youth by bringing Winnie the Pooh Hispanic Recognition Awards are given to AARON FOUNDATION and other characters to the screen and printed people who have worked for the betterment of world, with particular credit to Shirley the Hispanic population in Southeastern Mas- HON. JERROLD NADLER Slesinger Lasswell for creating and cultivating sachusetts, in ways that benefit not simply OF NEW YORK one of the best loved bear in history. those in the Hispanic community, but the IN THE HOUSE OF REPRESENTATIVES broader community of which they are an inte- The Moses and Aaron Foundation was gral part. America—and Southeastern Massa- Wednesday, June 26, 2002 founded in memory of Rabbi Dr. Maurice I. chusetts—benefit enormously from the various Mr. NADLER. Mr. Speaker, I rise today to Hecht and Aaron Kaploun, both of whom led cultures which come together to form our na- honor the Moses and Aaron Foundation for its lives of exemplary community service. It is in tion, simultaneously unifying on important na- commitment to special children and their fami- this sentiment of communal dedication that the tional concerns, and contributing culturally, so- lies. I recognize with gratitude the Founda- Moses and Aaron Foundation has devoted cially and economically through the preserva- tion’s significant and enduring humanitarian ef- itself to serving the needs of a unique group tion of their various heritages within this uni- forts and applaud all those who have given of in the community. fied national framework. The Hispanic commu- themselves to fulfill its mission. nity is growing in numbers in Southeastern The Moses and Aaron Foundation ‘‘Special I urge my colleagues to join me in honoring Massachusetts, and is taking its place along Fund for Children’’ is dedicated to assisting the Moses and Aaron Foundation. Their work other ethnic communities that have contributed children with disabilities and their families with has truly made a difference in the lives of so much to our area. I am delighted to extend a wide range of programs including social, thousands.

VerDate 112000 03:48 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.043 pfrm12 PsN: E27PT1 June 27, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1165 PARTNERSHIP BETWEEN CALI- Student Affairs at the University of Denver City of Flint and Genesee County for many FORNIA AND MATSUYAMA, College of Law. years. Tony was a distinguished attorney for JAPAN Presently, Ms. Hernandez is the Executive many years before being elected Genesee Director of the Latin American Research and County Circuit Judge in 1968. He served with HON. ROBERT T. MATSUI Service Agency (LARASA), a preeminent com- great distinction until he retired from the munity based non-profit organization dedicated OF CALIFORNIA bench. In addition to resuming his successful to improving the health, education and self IN THE HOUSE OF REPRESENTATIVES law practice, Tony has been active in the Flint sufficiency of Colorado’s Latino community. Rotary Club, being elected Club President in Wednesday, June 26, 2002 Under her leadership, LARASA has made a 1996. Tony is a past President of the Men’s Mr. MATSUI. Mr. Speaker, for over twenty tremendous impact on our city and state by in- Club at Flint Holy Rosary Catholic Church and years the City of Sacramento, California and creasing awareness about issues affecting the of the Knights of Columbus in Davison, Michi- Matsuyama, Japan have shared a special re- Latino community and developing effective gan. Tony has also been a leader in Flint’s lationship as sister cities. This partnership has public policies and programs to address those large and diverse Arab-American community, given birth to cultural exchanges that have en- issues. Ms. Hernandez has been a powerful helping to found the Arab-American Heritage riched the lives of the residents in both cities. advocate for change. Through her leadership, Council. A new art exhibition that will be unveiled on LARASA continues to bring tangible benefits Muriel has been active in her own right. She July 6, 2002, is a testimony to this ongoing re- to our community through the Center for Com- has served as president of Heartbeat of Flint, lationship. munity and Behavioral Health, Centro de la as well as president of the Flint chapter of the The Miura Museum of Art in Matsuyama will Familia—the Latino Public Policy Center, the American Business Women’s Association. unveil the ‘‘Serene Beauty: Lucie Rie Retro- Data Resource Center and through the Muriel has also served on numerous commu- spective’’ exhibit to commemorate the 100th Proyecto Educar and Amigos de la nity organization boards including the Chil- anniversary of the artist’s birth. The exhibit Communidad programs that increase cultural dren’s Museum of Flint, the Catholic Social features the work of Lucie Rie, one of the competency and Latino involvement in our Services, the Genesee County Bar Auxiliary, most outstanding potters of the 20th—century schools. the Flint Osteopathic Hospital Auxiliary, and and a major influence on the world of ceramic Ms. Hernandez serves on the National Cen- Allegro (the volunteers for the Flint Institute of art. The exhibit of Lucie Rie’s exceptional ce- ter for Law and Education Board of Directors, Music). For the past eight years, Muriel has ramic work at the Miura Museum of Art in the Women’s Lobby Board, the Colorado As- worked as a volunteer at the Genesee-Lapeer Matsuyama is only the second showing of her sociation of Non Profit Organizations, the Chapter of the Red Cross. work in Japan. Child Health Advocates Board of Directors and Mr. Speaker, the City of Flint and Genesee This exhibit would have not been possible the Governor’s Utility Consumer Advisory County is a much better place in which to live without the partnership with Sacramento resi- Board. She co-chairs the Latino Jewish Coali- due to the efforts of Tony and Muriel Mansour. dents who loaned the museum a large portion tion and the Latino Campaign for Education Gayle and I value them as dear friends and of the exhibit that will be displayed. Addition- and also serves on the Mayor’s Latino Advi- wish them well on the occasion of their golden ally, the museum has invited residents of Sac- sory Council. wedding anniversary. ramento to participate in the exhibit opening It comes as no surprise that Ms. Hernandez’ f and panel discussion honoring Lucie Rie and commitment and service has earned her sev- her passion for creating ceramic art. eral awards including the American Jewish A TRIBUTE TO ROBERT WUSSLER I would like to commend each of partici- Committee Professional Award, the National FOR 19 YEARS OF SERVICE WITH pants who have loaned pieces from their col- Council of LARASA Special Advocacy Award, THE RED CROSS lection in order to share their appreciation of the American Jurisprudence Award for Aca- art with the residents of Japan. The sister city demic Achievement, and the University of HON. JERRY LEWIS partnership has developed into a friendship Denver Outstanding Staff Award. OF CALIFORNIA which complements the diverse background of While we are saddened that Ms. Hernandez IN THE HOUSE OF REPRESENTATIVES will be leaving our community for a position the residents of Sacramento and Matsuyama Wednesday, June 26, 2002 and I look forward to the continued exchange with the National Education Association, I am of cultural treasures between our two cities. confident that her leadership, skill and experi- Mr. LEWIS of California. Mr. Speaker, I ence will be of great benefit to the cause of f would like today to commend Robert Wussler public education in our country. for his 19 years of public service with the San HONORING RUFINA A. Please join me in commending Rufina Bernardino County Chapter of the American HERNANDEZ, ESQ. Herandez, Esq. It is the strong leadership she Red Cross. Under his leadership, the Red exhibits on a daily basis that continually en- Cross chapter has quadrupled its budget and HON. DIANA DeGETTE hances our lives and builds a better future for modernized its efforts to better serve the citi- OF COLORADO all Americans. zens of the Inland Empire. IN THE HOUSE OF REPRESENTATIVES f Mr. Wussler began his tenure in 1983 as the accountant for the chapter in San CELEBRATING THE 50TH WEDDING Wednesday, June 26, 2002 Bernardino County, which is the main popu- ANNIVERSARY OF TONY AND Ms. DEGETTE. Mr. Speaker, I would like to lation center of my home district. After serving MURIEL MANSOUR recognize the splendid efforts and notable ac- in that capacity for seven years, he became complishments of an extraordinary woman in the chief executive officer of the newly created the 1st Congressional District of Colorado. It is HON. DALE E. KILDEE Inland Empire Chapter in 1990. both fitting and proper that we recognize this OF MICHIGAN Since that time, the chapter has grown its outstanding community leader for her excep- IN THE HOUSE OF REPRESENTATIVES budget from $300,000 to more than $1.2 mil- tional record of civic leadership and invaluable Wednesday, June 26, 2002 lion, and increased its staff from seven to 15 service. It is to commend this outstanding cit- Mr. KILDEE. Mr. Speaker, I rise today to professional employees. At the same time, he izen that I rise to honor Rufina A. Hernandez, honor two dear friends, Tony and Muriel has reduced the chapter’s dependency on Esq. Mansour, who will join with family and friends United Way funding from 83 percent in the Ms. Hernandez has amassed a distin- this Saturday, June 29th to celebrate their fifty 1980s to 5 percent today. The chapter is now guished record of leadership and service to years of marriage. My wife, Gayle, and I want computerized, centralized and very well orga- our community. She received her Bachelor of to add our congratulations to Tony and Muriel nized, thanks to Mr. Wussler’s efforts. It re- Arts Degree in Political Science from the Uni- on the occasion of their 50th wedding anniver- cently received a $1 million gift from a special versity of New Mexico and her Juris Doctorate sary. donor. from the Georgetown University Law Center. I have known the Mansour family since I The improvement of the San Bernardino Ms. Hernandez practiced law for eight years at was growing up on the east side of Flint, Chapter under Mr. Wussler’s direction was the Legal Aid Society of Denver specializing in Michigan. The Mansour’s lived one street over recognized by the American Red Cross head- Family Law, Public Utility Regulation and Con- from the Kildee’s, and the Mansour and Kildee quarters. Two decades ago, the chapter was sumer Protection. She served as the Execu- children played together. considered near the bottom among chapters tive Director of the State Bar of New Mexico Mr. Speaker, both Tony and Muriel have across the country. It is now ranked among and was previously the Assistant Dean for been active members of our community in the the 100 best of 1,125 nationally. Mr. Wussler

VerDate 112000 03:48 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.045 pfrm12 PsN: E27PT1 E1166 CONGRESSIONAL RECORD — Extensions of Remarks June 27, 2002 himself received the 1997 Golden Bear Award friendship and alliance between America and tions with the State of Israel, if Israel returns for Management from the State of California, Saudi Arabia and our many common interests to the pre-1967 borders. While the Saudi plan and the National Tiffany Award, the highest and goals. maybe viewed by some as a non-starter, an granted to Red Cross paid staff. The Crown Prince impresses me as a man initial position for negotiations, or even worse Mr. Wussler and the chapter’s board of di- with a vision of peace and coexistence be- a public relations ploy, it should not be alto- rectors in 1994 created the National Nurse As- tween Israelis and Arabs; moreover, he is will- gether ignored or minimized. This initiative is sistant Training program, which is gratefully ing to risk his personal prestige for a quest for a significant signal that Crown Prince Abdullah supported by local hospitals and trains and peace. The Crown Prince is a practical and will be an active participant in the elusive certifies 200 students a year as nursing assist- logical man. He is tested and knows the value peace process and may be the most progres- ants. The chapter has also implemented a of leadership. I am convinced that the Crown sive step toward Arab-Israeli reconciliation home health care training program and an Prince senses an historic opportunity to build taken by any Arab leader since Egyptian acute care program to help nurse assistants confidence and seek peace from the extraor- President Anwar al-Sadat traveled to Jeru- further their career. dinary tragedies of the last 20 months and ap- salem and King Hussein of Jordan signed a Most important to the citizens of San preciates this opportunity to lead the Arab peace treaty with Israel in 1994. Unfortunately, Bernardino County, the Red Cross has been a world away from extreme radicalism and to- during Camp David II in 2000, too many Arab lifeline for thousands of people who have lost ward normalizing relations with Israel. leaders remained on the sidelines while a their homes or seen their lives thrown into tur- My optimism is checked, however, by a re- comprehensive peace proposal was being cir- moil by disasters like the Big Bear and current fundamental failure by Saudi Arabia to culated. Crown Prince Abdullah seems to rec- Landers Earthquakes of 1993 and the terrible appreciate the history of the Israeli-Palestinian ognize the lost opportunity that occurred dur- floods that wiped out communities from Forest conflict from an Israeli perspective and to rec- ing Camp David II, and in a promising sign he Glen to Mentone in 1999. The chapter has ognize the sense of vulnerability of the Israeli clearly stated to me his intention to be actively also helped in countless small disasters that people. In fact, the Crown Prince often sug- involved in any new effort for a comprehensive have thrown individual families from their gests that American policy in the Middle East peace agreement. homes, and helped in planning for the disas- is unbalanced and too favorable to Israel. Iron- The United States would be ill-advised to ters we will face in the future. ically, it is the Saudi policy toward Israel that disengage from Saudi Arabia or its leader. As Mr. Speaker, after 19 years with the San too often lacks objectivity. the heart and soul of the Muslim world, Saudi Bernardino Chapter, Robert Wussler has de- Since September 11, there has been much Arabia is home to Islam’s two holiest places, cided to retire. I ask you and my colleagues to criticism of the Saudi government in our coun- Mecca and Medina. It is the Muslim world and, please join me in thanking him for a career try and internationally. Much of the criticism is in particular, Arab states that the United dedicated to public service and aiding the af- justified, and I have joined my colleagues in States must actively engage in dialogue to flicted, and wish him well in his future endeav- Congress in voicing my concerns and objec- promote educational reform, greater religious ors. tions when I deemed it necessary and in the freedom, democracy, freedom of the press f best interest of the nation. I have been a vocal and expanded rights for women. We need to critic of harmful policies carried out by the press the Saudi government, especially Crown MEETING WITH CROWN PRINCE Saudi government or Saudi nationals, includ- Prince Abdullah who has significant weight in ABDULLAH ing their lack of democracy, freedom of the the Arab and Islamic world, to address reli- press and abominable treatment of women. I gious freedom and human rights. At the same HON. ROBERT WEXLER have also strongly condemned Saudi connec- time, we must seek the advice and assistance OF FLORIDA tions to the financing and support of inter- of prominent Saudis to help America strength- IN THE HOUSE OF REPRESENTATIVES national terrorist organizations, unwillingness en and improve our standing in the Muslim to unequivocally condemn suicide bombings Wednesday, June 26, 2002 world. It would be short-sighted to ignore the perpetrated by Palestinian terrorists, financial perceptions and beliefs of more than one bil- Mr. WEXLER. Mr. Speaker, this week I will payoffs to the families of Palestinian suicide lion people. travel to the Kingdom of Saudi Arabia to meet bombers, and their financial backing of ex- Saudi Arabia is also integral to our policy of with Crown Prince Abdullah and other Saudi tremist schools in Pakistan and around the containing and eventually removing Saddam officials for the third time since the horrific ter- world that preach intolerance and hate. Like Hussein from power. Saudi cooperation with rorist attacks of September 11. As a result of many Americans, I am also angered and dis- the U.S. and other allies in enforcing Oper- my previous visits, I have become convinced turbed by the virulent anti-American and anti- ation Southern Watch over Southern Iraq has that it is in the best interest of the United Semitic rhetoric that is published in the gov- been considerable. During my visit to Saudi States to remain actively engaged in a con- ernment-run press and echoed repeatedly by Arabia this week, I will reiterate that Iraq re- structive dialogue and working partnership Saudis throughout the kingdom. The Saudi peatedly fails to comply with United Nations with Saudi officials and their leader Crown government cannot have it both ways; if they (UN) resolutions, continues to block unfettered Prince Abdullah. are truly committed to peaceful coexistence UN weapons inspections, is stockpiling weap- My initial reaction to traveling thousands of with Israel, they cannot feed the fires of those ons of mass destruction, harbors and supports miles to the Saudi Kingdom, in early October who hate and are bent on the destruction of terrorists, and poses a grave threat to the se- 2001, where 15 out of 19 hijackers as well as the peace process and the State of Israel curity of the United States and every nation in Osama bin Laden hailed from, was negative. itself. the region. It is critical to the United States I saw little value in traveling to a region where Faced with growing American and inter- that Crown Prince Abdullah and Saudi Arabia even in the wake of over 3,000 American national criticism, Crown Prince Abdullah has assist the Bush Administration in building a deaths, there remained an undeniable hatred reevaluated the effect of Saudi policies and is coalition of support to remove the threat of of America, continued financial support for fer- seeking to make fundamental changes in the Saddam Hussein to the region. vent extremism, and ties to terrorist organiza- Saudi Kingdom. Since assuming leadership in My visit to Saudi Arabia is also another op- tions that threaten our nation’s interest and se- 1995, Crown Prince Abdullah has taken initial portunity to send a message from the Amer- curity. However, I have changed my initial re- steps to reform Saudi Arabia’s economic and ican people to the Saudi government and its luctance to engage Saudi Arabia, though not political structure and is making serious at- citizens that the United States intends on con- my objection to many of its policies, because tempts to root out corruption. The Crown tinuing our engagement and partnership with Saudi Arabia lies not only at the heart of the Prince is also the leading advocate for Saudi their country; however, I would be remiss if I problem facing the United States in the Middle Arabia’s obtaining membership in the World ignored the continued presence and activity of East and the Islamic world, but they are also Trade Organization, WTO. I strongly support dangerous extremists in the Saudi Kingdom our best hope for resolving these same prob- this effort and believe that WTO membership and the danger they pose to America and our lems. would lead to greater accountability and trans- allies. Ultimately, the future of U.S.-Saudi rela- My meetings with Crown Prince Abdullah in parency in the Saudi Kingdom and, more im- tions hinge on the efforts of Saudi leaders to Riyadh and Jeddah have been candid and portantly, would connect Saudis to the global root out extremist elements within the kingdom frank discussions regarding many aspects of economy. and choke off all financial support emanating U.S.-Saudi bilateral relations. No subject has Most important of all, Crown Prince from the kingdom to terrorist organizations been taboo. The Crown Prince and I both Abdullah brought Saudi Arabia into the inter- around the world. voiced criticism of each others country’s poli- national spotlight last February by initiating a As for Saudi Arabia’s leading role in the cies, but we also reiterated the longstanding proposal that offers Arab normalization of rela- Middle East, it is incumbent on Crown Prince

VerDate 112000 03:48 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.049 pfrm12 PsN: E27PT1 June 27, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1167 Abdullah and other Arab leaders to help re- near the level of a true compensation for the HONORING FIVE SONS OF PRINCE GEORGE form the Palestinian leadership, as outlined by many hours of training and service required of COUNTY, MARYLAND, THAT HAVE FOUGHT TO President Bush on June 24, 2002, from one the volunteers. This, of course, not even to PROTECT OUR FREEDOMS based on corruption, incitement, terror and mention the fact that these volunteers could (By James E. Merna, Former Maryland State suicide bombings to one based on democracy, very possibly be called into a situation where Commandant, Marine Corps League) peace and constructive dialogue. This will be they may have to put their lives on the line. Thank you Mayor Harrington, Council- the major thrust of my conversations with the woman Marion Hoffman, Bill Hickey, other Rather than encouraging this type of vol- Town of Bladensburg elected and appointed Crown Prince this Sunday in Jeddah. It is im- unteerism, which is so crucial, particularly to officials, members of American Legion Post portant to note that Crown Prince Abdullah America’s rural communities, the IRS has de- 131, leaders of other veterans organizations, and other Saudi officials have already played cided that the provision of the benefits de- and fellow veterans. Thank you for inviting a constructive role in the reform effort by as- scribed above amount to taxable income. Not me. I am pleased to be here. sisting the Palestinians in writing a new con- only does this adversely affect the financial The town and citizens of Bladensburg stitution. Without concerted international pres- position of the volunteer by foisting new taxes should take great pride for the many years you have conducted ceremonies such as this. sure, there will be no genuine reform of the about him or her, it has in fact led local enti- Palestinian leadership and, I fear, no end to Bladensburg is not only a historic town—a ties to stop providing these benefits, thus tak- famous port town—it is also a very patriotic suicide bombings. These terrorist acts must ing away a key tool they have used to recruit town. Thanks also to Colmar Manor Amer- end if we are to reach a comprehensive and volunteers. That is why the IRS ruling in this ican Legion Post 131 for helping to make lasting regional peace based on security, rec- instance has a substantial deleterious impact these events happen. ognition for Israel, and statehood for the Pal- on the spirit of American volunteerism. How Memorial Day, as it is now observed, is a estinians. Indeed, the legitimate aspirations of far could this go? For example, would con- special day set aside to remember the service the Palestinian people to have a nation of their and sacrifice made by Americans who an- sistent application mean that a local Salvation swered their country’s call to duty in all own will be destroyed unless there is a Army volunteer be taxed for the value of a change of attitude among those in the Arab wars—those who gave their lives, those who complimentary ticket to that organization’s an- served and returned, those who were injured and Muslim worlds who encourage and pro- nual county dinner? This is obviously bad pol- or disabled as a result of their service those vide moral, financial and material support to icy. who remain missing in action, and those who so-called martyrs who commit these heinous, This legislation would rectify this situation by serve today in Afghanistan and around the inhuman and immoral terrorist acts. world to defend freedom and to fight ter- specifically exempting these types of benefits As a strong supporter of an unbreakable rorism. from federal taxation. bond between the United States and Israel, I In my remarks today, I want to talk about care deeply about the future security and Next, this legislation would also provide paid five brave Sons of Prince George’s County, prosperity of the Jewish homeland. In meet- professional police and fire officers with a who answered their nation’s call, and of their courage, devotion to duty, and personal ings with Saudi leaders, I will remind them of $1,000 per year tax credit. These professional public safety officers put their lives on the line sacrifice. I believe it is a message for all, but the unprecedented terrorism the Israeli people especially for our young people, Better role have faced over the past 20 months and the each and every day, and I think we all agree model other than their parents or close rel- tragic toll that suicide bombers have inflicted that there is no way to properly compensate atives, they could not have. on innocent Israelis. It is also imperative they them for the fabulous services they provide. In I stress younger people in light of an an- understand that like America, Israel has the America we have a tradition of local law en- nouncement from the U.S. Department of right to defend herself against these barbaric forcement and public safety provision. So, Education this mouth that said ‘‘More than attacks and that the United States will stand in while it is not the role of our federal govern- half of America’s high school seniors do not ment to increase the salaries of these, it cer- have even the most basic grasp of U.S. his- solidarity with Israel during this difficult time. tory, showing no improvement in a nation- Mr. Speaker, if we are to avert another trag- tainly is within our authority to increase their wide test since 1994.’’ edy like September 11 and defeat the scourge take-home pay by reducing the amount of The Education Department issued a na- of terrorism, America needs allies—we cannot money that we take from their pockets via fed- tional history ’’report card‘‘ which measured do it alone. I am going to Saudi Arabia be- eral taxation, and that is something this bill the performance last year of fourth, eighth cause more effective cooperation and under- specifically does as well. and 12th graders in history. Students did not standing between our two countries is funda- President George Bush has called on Amer- know, for instance, that America’s funda- mental to winning the international war on ter- mental belief in individual liberty was ex- icans to volunteer their time and energy to en- pressed in the Declaration of Independence, rorism, and members of Congress must play hancing public safety. Shouldn’t Congress do or that the image of UNCLE SAM was used more than just a consenting role in that effort. its part by reducing taxes that discourage pub- to appeal to patriotism during wartime. f lic safety volunteerism? Shouldn’t Congress Educators said the results were ‘‘truly also show its appreciation to police officers abysmal,’’ pointing out that the higher the PUBLIC SAFETY TAX CUT ACT and fire fighters by reducing their taxes? I be- grade and closer a student was to voting age, lieve the answer to both of these questions is the lower the understanding of U.S. history. HON. RON PAUL In grade 12, only 43 percent of students had a resounding ‘‘Yes’’ and therefore I am proud a basic or proficient knowledge of history. OF TEXAS to introduce the Public Safety Tax Cut Act. I More than a third of fourth graders and near- IN THE HOUSE OF REPRESENTATIVES request that my fellow Members join in sup- ly 40 percent of eighth graders also did not Wednesday, June 26, 2002 port of this key legislation. have a basic understanding of the subject. The Secretary of Education, Rod Paige, Mr. PAUL. Mr. Speaker, I am pleased to in- f stressed that ‘‘basic’’ is the bottom of the troduce the Public Safety Tax Cut Act. This achievement ladder. And, he said, they didn’t legislation will achieve two important public IN HONOR OF HEROES WHO HAVE even reach that—‘‘the lowest rung.’’ policy goals. FOUGHT FOR OUR COUNTRY In this complex day and age, this is trou- First, it will effectively overturn a ruling of blesome. History is a key component of our the Internal Revenue Service which has de- nation’s school curriculum, and it is through clared as taxable income the waiving of fees history that we understand our past and con- HON. ALBERT RUSSELL WYNN template our future. Especially following the by local governments who provide service for OF MARYLAND September 11 attacks that targeted U.S. de- public safety volunteers. mocracy. It is appalling that some of the Many local governments use volunteer fire- IN THE HOUSE OF REPRESENTATIVES questions that stumped students involved fighters and auxiliary police either in place of, Wednesday, June 26, 2002 the most fundamental concepts of America’s or as a supplement to, their public safety pro- democracy. Our work is cut out for us—we fessionals. Often as an incentive to would-be Mr. WYNN. Mr. Speaker, as we approach need more enlightened students—and better volunteers, the local entities might waive all or Independence Day, I submit for the RECORD a trained history teachers. a portion of the fees typically charged for city speech given in my Congressional District on The first notable Son of Prince George’s County that I want to mention, is one of services such as the provision of drinking Memorial Day, by James E. Merna of 7503 your very own, a life-long resident of water, sewerage charges, or debris pick up. Dover Lane, Lanham, Maryland, honoring the Bladensburg. When I think of him, I’m re- Local entities make these decisions for the heroism of veterans from Prince George’s minded of the many great songs that were purpose of encouraging folks to volunteer, and County, Maryland, that have fought to protect popular during World War II. And I’m refer- seldom do these benefits come anywhere our freedoms. ring to records, not CD’s, tapes, or DVD’s.

VerDate 112000 03:48 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A26JN8.052 pfrm12 PsN: E27PT1 E1168 CONGRESSIONAL RECORD — Extensions of Remarks June 27, 2002 Among the best in my opinion, were three: you.’’ Captain Jim Graham was post- award for bravery in combat. It was pre- (1) There’ll be Bluebirds Over, the White humously awarded the Medal of Honor for sented to him by four-star General Lewis W. Cliffs of Dover,’’ sung by Vera Lynn (2) his heroic deeds that day.’’ Walt, Assistant Commandant of the Marine ‘‘Long Ago and Far Away,’’ made famous by A year later, I had the privilege to attend Corps. Earlier, in the Korean War, General Jo Stafford, and (3) ‘‘When the Lights Go On a ceremony at 8th and I, Marine Barracks, Walt was my Commanding Officer, when he Again, All Over the, World,’’ sung by Vaughn Washington, DC when Captain Graham’s commanded the 5th Marine Regiment, First Monroe. widow, Janice, accepted the Nation’s highest Marine Division. When pinning the medal on This individual, I am about to name, and award, the Congressional Medal of Honor, in Butch, General Walt said, ‘‘This is one of the many others of his generation exemplified her husband’s name. It was the first Medal of proudest moments of my military career, for the very ideals inscribed at the base of this Honor to be awarded to a Marylander in the I am more proud of Butch than of any Ma- Peace Cross Memorial: endurance, courage, Vietnam War. rine I know.’’ That was quite a compliment devotion, and valor. Because of their war- Another Prince George’s great, the late coming from someone like General Walt, time service and sacrifice, they made it pos- Maryland State Senator Ed Conroy, was a who during his military career, won two sible for the bluebirds once again to fly over highly decorated army Korean War hero who Navy Crosses and the Silver Star in World the White Cliffs of Dover, for the lights to led the defense of Heartbreak Ridge. He was War II, the Legion of Merit, and the Bronze come on again all over the world, in a global severely wounded twice, lost an arm and sus- Star in Korea, and the Distinguished Service struggle long ago and far away. tained burns over 90 percent of his body. Medal as the Commander of Marines in Viet- Ladies and gentlemen, I ask you to join Among his decorations were the Silver Star, nam. with me in applause for one of your finest and two Purple Hearts. Ed had a miraculous This was not the first meeting Butch had citizens, a World War II Navy veteran of recovery and went on to earn a law degree with General Walt. Back on July 6, 1968, thir- many battles in the Pacific, a venerable gen- from Georgetown University. He never forgot ty-four years ago, I had the pleasure of orga- tleman who will celebrate his 88th birthday his fellow veterans and was known in the nizing a Welcome Home Parade for Butch. in August, the Chairman-Emeritus of Maryland Senate as the champion legislator The parade commenced right here at this Bladensburg’s Promotions Committee—Mr. for all veterans legislation. I had the pleas- very site, the Peace Cross, and marched all Bill Hickey. ure to organize a testimonial dimer for Ed the way down Bladensburg Road to the DC Let us never forget that we have yet to when he was elected as National Commander line. My Prince George’s County Detachment erect a Memorial on the Mall in Washington of the Disabled American Veterans. On many of the Marine Corps League and the Amer- for our World War 11 veterans, and we’re los- occasions when I would introduce him, he ican Legion Post 131 in Colmar Manor, co- ing these veterans at an astounding rate of would have me say with pride that he was chaired the event. We had the county pro- 1500 a day. Like all of you, I want to see that ‘‘the closest to a Marine without being a Ma- claim that day, July 6, 1968, as Butch overdue Memorial built—and soon, as a trib- rine.’’ We miss Ed and his tireless energy. A Joeckel Day. Youth groups, veterans groups, ute to the Bill Hickey’s and all our World great patriot. Many of you, I’m sure, know community service organizations, high school marching bands, the Marine Corps War II veterans. I have a personal interest in Ed’s widow, Mary Conroy. She serves Prince Band, and troops from each of the military this Memorial as well. My oldest brother George’s County today with much distinc- services marched proudly in Butch’s honor George was killed in action in World War II. tion, as a Member of the House of Delegates that day. The grand marshal of the parade He went down with his ship, LST 577, sunk in Annapolis. by a torpedo from a Japanese submarine in Moving along, I want to mention two other was General Walt, just back from Vietnam the Philippines, on February 11, 1945. He was notable Sons of Prince George’s County who himself. Admittedly, and unfortunately, 19 years old served their nation with honor in Vietnam: there weren’t many parades for returning Let me mention another truly outstanding Charles E. ‘‘Butch’’ Joeckel, Jr., and John Vietnam Veterans in those days, but we had one, right here in Prince George’s County. It Son of Prince George’s County—one who Clements, both distinguished combat Ma- was a huge success, and was nationally tele- epitomized the motto of those long ago great rines. Notre Dame football teams coached by the Butch Jeckel was raised in Colmar Manor, vised by ABC-TV. One last word about Butch. He went on to legendary Knute Rockne. Coach Rockne once within walking distance of this monument. a very distinguished career. He earned his said the motto of his teams was: Don’t Let He graduated from Bladensburg High School college degree, then decided he wanted to Your Buddy Down’’—a motto which he ad- in 1965, joined the Marines in 1966, and went help his fellow veterans. He took a low-level mitted he borrowed from our Marine Corps to Vietnam in 1967. He was a 20-year-old position in the Washington office of the Dis- on the battlefields of World War I. squad leader and only in Vietnam three abled American Veterans, and then went on Captain Jim Graham grew up in Prince months when his river boat was ambushed to head up not only the Washington office, George’s County, in Accokeek, finished high during the Tet Offensive in January 1968. but the entire national organization itself, school in Brandywine, and graduated from While searching out a suspected enemy posi- Frostburg State College in 1963. His family with more than one million members strong. tion ashore, one of his men inadvertently He lives in Annapolis now, is married with later lived in Forestville. He was a career stepped on a land mine, triggering an explo- Marine officer serving in Vietnam in 1967. two grown children, and is a grandfather. sion which blew off both of Butch’s legs He’s currently serving on a presidential dis- Listen to this stirring account of Captain above the knee. Seven other Marines were Graham’s heroic actions as described by Gen- ability commission. But he’s never forgotten wounded by the blast. Despite his severe in- his roots. In an interview with the Capital eral Lewis W. Walt, former Assistant Com- juries, Butch maintained exceptional pres- mandant of the Marine Corps: ‘‘Captain Jim newspaper in Annapolis not too long ago, he ence of mind and called for a medical evacu- said, ‘‘I’ve been working in veterans affairs Graham was a young company commander ation and directed the clearing of a heli- serving with our 5th Marine Regiment in since I came back in 1968. It’s in my heart. I copter landing zone. felt like I had to give back to my community Vietnam. His company, while in the attack, As is the case with all seriously wounded came under heavy fire from mortars and because they were great to me. I got a wel- servicemen and those killed in action, a come home parade in my hometown. Not small arms which immediately inflicted military officer is usually assigned to make large numbers of casualties in his Second many did.’’ personal contact with the family. The cas- Finally, a word about John Clements. John Platoon. Graham, upon seeing this, orga- ualty notification officers, as they are was raised in Cheverly, and graduated from nized and boldly led a fierce assault through called, was in Butch’s case, a Marine Lieu- DeMatha High School. John was a contem- the Second Platoon’s position, forcing the tenant just back from Vietnam. It was my porary of Butch’s, and like Butch, joined the enemy to abandon the machine gun position, brother, Jerry Merna. When Jerry got back Marines right out of high school. He went off thereby relieving some of the pressure on the home that night, in Alexandria, Va., he to Vietnam where he won three Purple platoon and enabling evacuation of the called to let me know he had just been in Hearts. He was seriously wounded and spent wounded to a more secure area. During the Colmar Manor, visiting with Butch’s par- a long time hospitalized. I visited John at afternoon and early evening, Graham’s small ents. He let me know of the severity of Bethesda Naval Hospital a number of times. force stood steadfast in its hard-won enclave. Butch’s wounds. The doctors wanted to amputate one of He was wounded twice while personally ac- For me, that was the beginning of a 34-year John’s legs, but through perseverance and counting for 15 enemies killed. His battalion friendship, to this day, with Butch. I soon much prayer, he was able to convince them commander ordered him to withdraw to rounded up a few other former Marines and otherwise. John has gotten by since then friendly lines. Graham reacted by sending all we visited Butch at the Philadelphia Naval with the use of a cane. Like Butch, John too of his men back except one man who could Hospital. In fact, we brought him home once wanted to help his fellow veterans, and went not be moved due to the seriousness of his he was discharged, back to his boyhood on to a successful career with the Veterans wounds. He apologized to his battalion com- home—at 3605 40th Place, in Colmar Manor, Administration designing prosthetic equip- mander for not completely carrying out the where his dad, a World War II veteran, still ment for disabled veterans. order to withdraw, but said ‘‘I just can’t lives. On the way home, we made a detour, to In closing, as we leave here today, let us leave this young Marine, keep the firing Peter Connell’s Restaurant on Annapolis affirm to remember Memorial Day for what coming through Colonel, we are hurting Road, now called The Italian Inn, for ‘‘re- it was intended to be—a day of recognition, them.’’ About 20 minutes later, Captain freshments.’’ honor, and respect, and not just a three-day Graham radioed: ‘‘This is my last trans- I was with Butch at a ceremony at Head- holiday. mission. I am being assaulted by at least 25 quarters Marine Corps when he was awarded Let us remember our fallen comrades— of them. It’s been a pleasure soldiering with the Silver Star, the nation’s third highest those who fought and died for freedom, and

VerDate 112000 03:48 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A26JN8.055 pfrm12 PsN: E27PT1 June 27, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1169 the children, spouses and parents they left NINTH CIRCUIT COURT OF Throughout our Nation’s history we have behind. Let us never forget those who re- APPEALS’ RULING faced many challenges, fought many battles. turned, many disabled. If we can remember But from troubled times, we’ve gained greater these worthy veterans on Memorial Day, we ought to honor them on Election Day. Let’s HON. CHARLES W. ‘‘CHIP’’ PICKERING victories. To the American, trouble but fuels do all in our power to put more upcoming Ed OF MISSISSIPPI our soul. Ignites our spirit. Trouble forges our Conroy’s in City Hall, on the County Coun- IN THE HOUSE OF REPRESENTATIVES future’s strength. September 11th’s legacy will cil, in our State House, and in the Congress. Wednesday, June 26, 2002 be no different. We have the opportunity to do so with elec- This Fourth of July, let us pause to give tions coming up in the Fall. They served us Mr. PICKERING. Mr. Speaker, today the lat- thanks to the almighty—to remember, reclaim, so well in war—and they would do as well in est in a string of absurd court decisions was and rejoice in our national spirit born of revolu- preserving the peace. handed down from a Federal Appeals Court in tion, our national quest. Our very own heroes—Bill Hickey in World San Francisco. This court decided that the In President Jefferson’s first inaugural ad- War II, Ed Conroy in Korea, and Captain Jim Pledge of Allegiance was unconstitutional and dress, he called us ‘‘A rising nation, spread Graham, Butch Joeckel, and John Clements cannot be recited in schools. over a wide and fruitful land, traversing all the in Vietnam—they represent the best that This is an unfortunate assault on America’s seas with the rich productions of their industry America has to offer. They are object lessons tradition of recognizing the role of God in our themselves. They made history. Hopefully, . . . advancing rapidly to destinies beyond the country’s life and as a foundation of our lib- reach of mortal eye.’’ our young people will be inspired by their ex- erties. ample. Mountaineers are always free. We live Jef- This most outrageous decision cannot and If America is to remain great, it may in- ferson’s words. The spirits of Flood ravaged will not stand. Our forefathers authored the 1st West Virginians fan the flames of future’s deed depend on how well we continue to in- Amendment to protect Americans from a ‘‘na- spire our youth to excel. Our noted Sons of hope. Prince George’s County have shown the way. tional church or national doctrine’’ not from the ‘‘The God who gave us reason,’’ Jefferson Pledge of Allegiance. For far too often the Thank you—and God Bless America. said, ‘‘did not ask us to forego its use.’’ And most liberal Members of our courts have truly America has taken his words to heart. abused the 1st Amendment to remove any ac- We pursue life, liberty and happiness in this f knowledgment of God or a higher being from great Nation with great passion. the Federal Government and our daily life. And so it should be. IN RESPONSE TO THE NINTH CIR- I would simply remind my colleagues that CUIT COURT OF APPEALS’ RUL- Next January, our Nation will celebrate the we sit in a chamber that has the words ‘‘In 200th Anniversary of Jefferson’s legacy, the ING ON THE PLEDGE OF ALLE- God We Trust’’ engraved on the wall. From GIANCE Lewis and Clark Expedition, a national quest the beginning of our Republic a higher being that has inspired us ever since. Freedom has been acknowledged by this government paves the path of our national quest. HON. ADAM H. PUTNAM and the Pledge of Allegiance simply is con- As we face new economic realities in West sistent with that history and tradition. Virginia, we seek not only new industries, but OF FLORIDA It is hardly comparable to note that the also new economies. From new infrastructure Pledge of Allegiance is relative to the estab- IN THE HOUSE OF REPRESENTATIVES to new technologies, we are working to build lishment of a national religion, church or doc- a new and brighter West Virginia. Wednesday, June 26, 2002 trine. As we face the war on terrorism, we grieve The court in San Francisco is the most for the terrible toll it has already taken, the Mr. PUTNAM. Mr. Speaker, I am fortunate overturned appeals court in the Nation. I am lives of West Virginia’s precious sons and to have many veterans residing in my district. confident that this decision will also be over- daughters. Let us remember that their sacrifice When I heard of the appalling actions of the turned, but to ensure that the Pledge of Alle- was for our quest not to falter or to fail, but Ninth Circuit Court of Appeals—ruling that the giance continues to be observed I am intro- rather to set sail and soar. Pledge of Allegiance was unconstitutional—my ducing legislation to amend the Constitution to The rights for which our founding fathers thoughts turned to them. We are a nation ensure the Pledge of Allegiance is constitu- and mothers so valiantly pledged their lives, standing strong today because those heroes tionally protected speech. fortunes and sacred honors—and might I add pledged their allegiance to America with their f they did so, and I quote, ‘‘with a firm reliance lives, their tears and their sacred honor. What on the protection of divine Providence,’’—re- must our troops in the field today think? A RISING NATION, UNDER GOD THIS FOURTH OF JULY quire the same from us in times of peace— Our Country came into being through a and in times of war. Declaration of Independence that acknowl- Jefferson’s last letter, which was read on edged that we are endowed by our Creator HON. NICK J. RAHALL II OF WEST VIRGINIA July 4th 1826 in Washington, DC, the day he with the unalienable rights of life, liberty and would pass from this earth—concluded, ‘‘For IN THE HOUSE OF REPRESENTATIVES the pursuit of happiness. This is clearly an ac- ourselves, let the annual return of this day for- knowledgement in the very founding document Wednesday, June 26, 2002 ever refresh our recollections of these rights of this Nation that we are indeed ‘‘one Nation Mr. RAHALL. Mr. Speaker, listen again to and an undiminished devotion to them.’’ under God.’’ the words we will hear this Fourth of July: ‘‘We Our national quest shall endure. We remain When I conclude a constituent letter with hold these truths to be self-evident, that all a rising nation. The Fourth of July is our con- ‘‘God bless America’’ is my action unconstitu- men are created equal, that they are endowed stant reminder, and the good Lord, our con- tional? Should that be banned, too? I stand by their Creator with certain unalienable stant strength, despite what any court, judge, with the tradition that allows the President to Rights, that among these are Life, Liberty and or jurisdiction of this government says to the put his hand on the Bible, pledge to protect the pursuit of Happiness.’’ contrary. and defend the Constitution and conclude his Given the recent Federal Court ruling about f oath with the words of George Washington, the constitutionality of our pledge of alle- IN HONOR OF VINCENT J. ‘‘So help me God.’’ giance, will the day come when a Federal Court of these United States will not allow our BILARDO, JR. It is sad that at a time when our country is Declaration of Independence to be read or at war and Americans have a renewed sense posted on the walls of our schoolrooms across of patriotism—and what allegiance to America HON. KAREN McCARTHY this land? I pray not. costs—this court is driving a wedge between OF MISSOURI We must always be mindful that the moral IN THE HOUSE OF REPRESENTATIVES us with their absurd ruling. It is my fervent fiber of this Nation was built not upon the law hope that a common sense reading of the of man, but rather upon the law of God. Wednesday, June 26, 2002 Constitution will eventually prevail and that lib- ‘‘The longer I live, the more convincing Ms. MCCARTHY of Missouri. Mr. Speaker, I eral judges will end their war on religion in proofs I see of this truth,’’ said Benjamin rise today to pay tribute to an outstanding indi- America. Franklin, ‘‘that God governs in the affairs of vidual and dedicated public servant from the As countless American leaders of all polit- men. And if a sparrow cannot fall to the State of Missouri. On July 26th, Vincent J. ical stripes have said before me, God Bless ground without his notice—is it probable that Bilardo, Jr. will be ending his current assign- America. an empire can rise without his aid?’’ ment from the U.S. Army Corps of Engineers

VerDate 112000 03:48 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.057 pfrm12 PsN: E27PT1 E1170 CONGRESSIONAL RECORD — Extensions of Remarks June 27, 2002 Kansas City District in which he has served as Mr. Speaker, please join me in thanking Mr. In particular, the bill would give the STB the the Kansas City Brownfields Federal Show- Bilardo and wishing him and his wife Heidi authority to order the continued maintenance, case Program Director. He will leave a lasting and their two daughters, Kendall and Rachel signaling, and dispatching of the Northeast legacy of tireless commitment to the better- continued success and happiness in the ad- Corridor. ment and preservation of our community and ventures that await them. It would give the STB the authority to use region. f federal funds to compensate the entity that Prior to joining the Corps in 1992, Mr. conducts these services and to indemnify it THE EMERGENCY DIRECTED RAIL Bilardo began his career in public service with with respect to any increased liability expo- SERVICE ACT the National Aeronautics and Space Adminis- sure. tration (NASA) where he spent ten years at It would also authorize the STB to direct four different NASA facilities throughout the HON. DON YOUNG service and to provide interim financial assist- nation. His assignments included serving as a OF ALASKA ance to commuter operations around the systems engineer in the Space Station Pro- IN THE HOUSE OF REPRESENTATIVES country affected by an Amtrak shutdown. gram at NASA Headquarters, a Space Shuttle Wednesday, June 26, 2002 Further, current law requires that to the ex- propulsion systems engineer at NASA Ken- Mr. YOUNG of Alaska. Mr. Speaker, today tent possible the Amtrak employees who al- nedy Space Center and Vandenberg Air Force I introduce the Emergency Directed Rail Serv- ready perform the work should do the work re- Base in California, and as the manager of a ice Act. This legislation is intended to prepare quired by the directed service. branch of fifteen research scientists charged the nation for the possibility that Amtrak will A final word of caution. I realize this bill ad- with developing closed loop environmental follow through on its threat to shut down. This dresses provisions of law relating to the STB control systems for future lunar and Mars ex- bill is part of my effort to make sure the coun- and that there are interests out there who will ploration missions at Ames Research Center. try is as prepared as possible should that want to attach other STB-related amendments Mr. Bilardo began his current position with shutdown occur. to it. I call on them not to do so. This bill ad- the Kansas City Brownfields Federal Show- Members are no doubt aware that Amtrak is dresses a potential national transportation dis- case in 1999 which consists of both the City in an extremely desperate financial situation. aster and is limited solely to the STB’s emer- of Kansas City, Missouri and the Unified Gov- Amtrak contends it needs $200 million in addi- gency directed service powers. In this case, ernment of Wyandotte County/Kansas City, tional cash or it will cease operations on or we must put the national interest above all Kansas. He has been responsible for devel- about July 1, 2002. Although the Administra- others. oping federal and state grant applications, pro- tion is currently considering an Amtrak appli- f viding technical assistance to a number of im- cation to use the Railroad Rehabilitation and INTRODUCTION OF THE ENHANCED portant regional initiatives, and managing sev- Infrastructure Financing (RRIF) loan and loan PROTECTION OF OUR CULTURAL eral Brownfields redevelopment projects. His guarantee program, it is doubtful Amtrak quali- HERITAGE ACT OF 2002 efforts have earned the program national ac- fies under the statute, under the formal regula- claim as an award winning initiative that has tions that govern the program, or under the in- significantly enhanced regional investment, formal rules imposed by the Department of HON. FRANK PALLONE, JR. economic growth, and environmental quality in Transportation and the Office of Management OF NEW JERSEY the communities he serves. Under Mr. and Budget. IN THE HOUSE OF REPRESENTATIVES Bilardo’s leadership the Kansas City Similarly, although I would support an ap- Wednesday, June 26, 2002 Brownfields Federal Showcase has partnered propriation under the right conditions to help with economic and industrial associations to Amtrak in the short-term while the Congress Mr. PALLONE. Mr. Speaker, I rise today to implement an aggressive strategy to rebuild and the Administration address Amtrak for the introduce the Enhanced Protection of Our Cul- infrastructure, expand operations, and improve long-term, it is unclear whether the appropria- tural Heritage (EPOCH), Act of 2002. facilities in the region. tions process will be able to provide Amtrak The legislation that I am introducing today The crowning achievement of Mr. Bilardo’s any funds before July 1, 2002. will increase the maximum penalties for viola- tenure has been in his diligent guidance and I am particularly concerned about the effect tions of three existing statutes that protect the development of the Kansas City Riverfront on freight movements in the Northeast and on cultural and archaeological history of the Heritage Trail, for which he serves as the Bi- commuter operations around the country and American people, most notably, American Indi- State Program Director. The Kansas City consequently on our national economy. An ans. This bill also includes language that will Riverfront Heritage Trail is an 18 mile long, Amtrak shutdown could adversely affect the make any attempt to sell Native American bistate system of bicycle and pedestrian trails, economy in the Northeast United States be- human remains a criminal act The United pocket parks, restored ecosystems, and cause considerable freight would not be able States Sentencing Commission recently rec- trailheads that has successfully leveraged mu- to get to its destination, especially plants ommended the statutory changes contained in nicipal, state, federal, and private funding re- where the Northeast Corridor is the only rail this bill and these changes complement the sources. Upon completion, the Riverfront Her- access. Moreover, commuters in the Northeast Commission’s strengthening of Federal sen- itage Trail will connect critical riverfront activity and around the country may not be able to get tencing guidelines to ensure more stringent centers to provide recreation, promote eco- to work either because the commuter authority penalties for criminals who steal from public nomic investment, wetland habitat restoration, operates on Amtrak infrastructure or because and tribal lands. I am pleased that my col- and feature the rich historical and cultural the commuter authority uses Amtrak employ- leagues, Representatives HAYWORTH and Rep- highlights of our metropolitan area’s past in- ees to operate or maintain its trains. resentative MARK UDALL have joined me in co- cluding Lewis and Clark’s Corp of Discovery Accordingly, on Monday I wrote Linda Mor- sponsoring this important bill. expedition and their two stops along the gan, the Chairman of the Surface Transpor- Looting of cultural remains is not a new southwestern most bend of the Missouri River. tation Board, and asked whether the Board problem but it has developed into a profes- Anyone who has been involved with the River- had the power to direct freight and commuter sional business. Today, the casual hiker who front Heritage Trail is cognizant of Mr. service that would be adversely affected by an lifts an arrowhead or a potshard has become Bilardo’s immeasurable contribution to this Amtrak shutdown. less of a problem because of increased project and of the fact that it would not be the Ms. Morgan responded yesterday that the awareness about the impact of removing such success it is today without his passion and STB was unclear whether it would have the items. Instead, we are witnessing carefully tireless commitment. power to direct freight and commuter service planned and prepared theft by well-equipped Mr. Bilardo will leave a large void to be filled in the event of an Amtrak shutdown and that professional looters. Professional looters have as he returns in August to NASA’s Langley its emergency powers have ‘‘never been test- devastated individual Indians and tribal com- Research Center in Hampton, Virginia. He will ed before in this context . . . and . . . could munities. These communities can do little but be fondly remembered by his peers and co- be challenged in court.’’ sit by and watch as their culture is erased, site workers as a tireless and dedicated leader. This country needs someone to have the by site as professional looters steal anything Mr. Bilardo’s amazing barbeque skills will be power to address the fallout on freight rail- that may have value on the black market—in- sorely missed by everyone who had the pleas- roads and commuters if Amtrak shuts down. cluding ancestral remains. The lack of severity ure to work with him. It is with deep gratitude The legislation I introduce today does just that. in the current laws does little to deter these in- and honor that I recognize Vince Bilardo for It makes it clear that the STB has the authority dividuals from looting over and over again. his remarkable service to the State of Mis- it needs to act in the event Amtrak ceases The three statutes that this bill amends cur- souri. His devotion is an example to us all. service. rently impose a 5-year maximum sentence,

VerDate 112000 03:48 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A26JN8.061 pfrm12 PsN: E27PT1 June 27, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1171 and each includes a lower maximum for a first for American Archeology, the National Trust Protection Act of 1979 (16 U.S.C. 470ee(d)) is offense of the statute and/or a violation of the for Historic Preservation, numerous Native amended by striking ‘‘not more than $10,000’’ statute involving property of less than a speci- American nations, and many others. Congress and all that follows through the end of the subsection, and inserting ‘‘not more than fied value. This bill would create a 10-year must take the steps necessary to see that the $100,000, imprisoned not more than 10 years, maximum sentence for each statute, while guidelines take full effect. or both.’’. The professional looters who pillage the rich eliminating the lower maximums under ARPA (b) ENHANCED PENALTY FOR EMBEZZLEMENT and NAGPRA for first offenses. cultural heritage of this Nation and its people AND THEFT FROM INDIAN TRIBAL ORGANIZA- Such maximum sentences would be con- are committing serious crimes. The artifacts TIONS.—Section 1163 of title 18, United States sistent with similar Federal statutes. For exam- stolen from both tribal and public lands are the Code, is amended by striking ‘‘five years’’ ple, the 1994 law proscribing museum theft legacy of all Americans and should not be and inserting ‘‘10 years’’. carries a 10-year maximum sentence, as do robbed and sold for personal gain. Passage of (c) ENHANCED PENALTY FOR ILLEGAL TRAF- the general statutes punishing theft and the this legislation would demonstrate Congress’ FICKING IN NATIVE AMERICAN HUMAN REMAINS destruction of government property. Moreover, commitment to preserving our Nation’s history AND CULTURAL ITEMS.—Section 1170 of title 18, United States Code, is amended— increasing the maximum sentences will give and our cultural heritage. I urge my colleagues (1) in subsection (a)— judges and the Sentencing Commission great- to support this much-needed legislation. I would ask that the text of this legislation (A) by inserting ‘‘or attempts to sell, pur- er discretion to impose punishments appro- chase, use for profit, or transport for sale or priate to the amount of destruction a defend- be printed in the RECORD. profit,’’ before ‘‘human remains’’; and ant has done. H.R. (B) by striking ‘‘or imprisoned not more Making these changes will enable the Sen- Be it enacted by the Senate and House of Rep- than 12 months, or both, and in the case of a tencing Commission’s recent sentencing resentatives of the United States of America in second or subsequent violation, be fined in guidelines to be fully implemented. The Com- Congress assembled, accordance with this title, or imprisoned not mission increased sentencing guidelines for SECTION 1. SHORT TITLE. more than 5 years’’ and inserting ‘‘impris- cultural heritage crimes, but the statutory max- This Act may be cited as the ‘‘Enhanced oned not more than 10 years’’ and (2) in subsection (b), by striking ‘‘impris- imum penalties contained in current law will Protection of Our Cultural Heritage Act’’. SEC. 2. ENHANCED PENALTIES FOR CULTURAL oned not more than one year, or both, and prevent judges from issuing sentences in the HERITAGE CRIMES. the case of a second or subsequent violation, upper range of the new guidelines. Those new (a) ENHANCED PENALTY FOR ILLEGAL TRAF- be fined in accordance with this title, im- guidelines have the enthusiastic support of the FICKING IN ARCHAEOLOGICAL RESOURCES.— prisoned not more than 5 years’’ and insert- Justice and Interior Departments, the Society Section 6(d) of the Archaeological Resources ing ‘‘imprisoned not more than 10 years.’’

VerDate 112000 03:48 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A26JN8.063 pfrm12 PsN: E27PT1 Thursday, June 27, 2002 Daily Digest

HIGHLIGHTS Senate passed National Defense Authorization bills. The House passed H.R. 5010, Department of Defense Appropriations. The House agreed to H. Res. 459, Urging the Ninth Circuit Court of Ap- peals to Rehear Their Erroneous Ruling That the Pledge of Allegiance is an Unconstitutional Endorsement of Religion. The House passed H.R. 5011, Military Construction Appropriations. The House passed S. 2578, Public Debt Limit Increase—clearing the measure for the President. The House passed H.R. 4954, Medicare Modernization and Prescription Drug Act. Senate stitute of Standards and Technology, with an amend- Chamber Action ment. (S. Rept. No. 107–186) Routine Proceedings, pages S6177–S6201 S. 2428, to amend the National Sea Grant College Measures Introduced: Twelve bills and five resolu- Program Act. (S. Rept. No. 107–187) tions were introduced, as follows: S. 2688–2699, S. H.R. 3322, to authorize the Secretary of the Inte- Res. 293–295, and S. Con. Res. 125–126. rior to construct an education and administrative center at the Bear River Migratory Bird Refuge in (See next issue.) Box Elder County, Utah. Measures Reported: H.R. 3958, to provide a mechanism for the settle- S. 1175, to modify the boundary of Vicksburg ment of claims of the State of Utah regarding por- National Military Park to include the property tions of the Bear River Migratory Bird Refuge lo- known as Pemberton’s Headquarters, with an cated on the shore of the Great Salt Lake, Utah. amendment in the nature of a substitute. (S. Rept. S. Res. 281, designating the week beginning Au- No. 107–183) gust 25, 2002, as ‘‘National Fraud Against Senior H.R. 1384, to amend the National Trails System Citizens Awareness Week’’. Act to designate the route in Arizona and New Mex- S. Res. 284, expressing support for ‘‘National ico which the Navajo and Mescalero Apache Indian Night Out’’ and requesting that the President make tribes were forced to walk in 1863 and 1864, for neighborhood crime prevention, community polic- study for potential addition to the National Trails ing, and reduction of school crime important prior- System. (S. Rept. No. 107–184) ities of the Administration. H.R. 2234, to revise the boundary of the S. 1339, to amend the Bring Them Home Alive Tumacacori National Historical Park in the State of Act of 2000 to provide an asylum program with re- Arizona. (S. Rept. No. 107–185) gard to American Persian Gulf War POW/MIAs, with an amendment. S. 2037, to mobilize technology and science ex- S. 2134, to allow American victims of state spon- perts to respond quickly to the threats posed by ter- sored terrorism to receive compensation from rorist attacks and other emergencies, by providing blocked assets of those states, with an amendment. for the establishment of a national emergency tech- S. 2633, to prohibit an individual from knowingly nology guard, a technology reliability advisory opening, maintaining, managing, controlling, rent- board, and a center for evaluating antiterrorism and ing, leasing, making available for use, or profiting disaster response technology within the National In- from any place for the purpose of manufacturing, D696

VerDate 11-MAY-2000 06:29 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D27JN2.REC pfrm12 PsN: D27JN2 June 27, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D697 distributing, or using any controlled substance, and During consideration of this measure, Senate also for other purposes. (See next issue.) took the following action: Measures Passed: By a unanimous vote of 98 yeas (Vote No. 164), three-fifths of those Senators duly chosen and sworn, National Defense Authorization: By 97 yeas to having voted in the affirmative, Senate agreed to the 2 nays (Vote No. 165), Senate passed S. 2514, to au- motion to close further debate on the bill. thorize appropriations for fiscal year 2003 for mili- Page S6183 tary activities of the Department of Defense, for military construction, and for defense activities of Department of Defense Authorization: Senate the Department of Energy, and to prescribe per- passed S. 2515, to authorize appropriations for fiscal sonnel strengths for such fiscal year for the Armed year 2003 for military activities of the Department Forces, after taking action on the following amend- of Defense, and to prescribe personnel strengths for ments proposed thereto: such fiscal year for the Armed Forces, after striking all after the enacting clause and inserting in lieu Pages S6178–80, S6182 (continued next issue). Adopted: thereof Division A of S. 2514, National Defense Au- thorization, as amended. (See next issue.) Cleland/McCain Amendment No. 4033, to in- crease active duty end strengths. Pages S6183–87 Military Construction Authorization: Senate Warner Amendment No. 4169, to temporarily au- passed S. 2516, to authorize appropriations for fiscal thorize higher partial basic allowance for housing for year 2003 for military construction, after striking all certain members assigned to privatized housing. after the enacting clause and inserting in lieu thereof Page S6189 Division B of S. 2514, National Defense Authoriza- Warner Amendment No. 4170, to set aside tion, as amended. (See next issue.) $20,000,000 for the disposal of obsolete vessels of Department of Energy Defense Activities Au- the National Defense Reserve Fleet. Pages S6189–90 thorization: Senate passed S. 2517, to authorize ap- Reed/Levin Modified Amendment No. 4029, to propriations for fiscal year 2003 for defense activities require a report on the results of each flight test of of the Department of Energy, after striking all after the Ground-based Midcourse national missile defense the enacting clause and inserting in lieu thereof Di- system. Pages S6196–99 vision C of S. 2514, National Defense Authorization, Wyden/Smith (OR) Amendment No. 4060, to au- as amended. (See next issue.) thorize, with an offset, $4,800,000 for personnel and Subsequently, a unanimous-consent agreement was procurement for the Oregon Army National Guard reached with respect to further consideration of S. for purposes of Search and Rescue (SAR) and Med- 2515, S. 2516, and S. 2517 (all listed above as ical Evacuation (MEDEVAC) missions in adverse passed by the Senate); that if the Senate receives a weather conditions. (See next issue.) message from the House of Representatives with re- Levin (for Miller/Cleland) Modified Amendment gard to any of these measures, the Senate insist on No. 4077, to authorize $1,900,000 for procurement its amendment or disagree to the House amendment, for the Marine Corps for upgrading live fire range and agree to or request a conference with the House target movers and to bring live fire range radio con- thereon, and the Chair be authorized to appoint con- trols into compliance with Federal Communications ferees on the part of the Senate. (See next issue.) Commission narrow band requirements. National Defense Authorization: Senate passed (See next issue.) H.R. 4546, to authorize appropriations for fiscal year Withdrawn: 2003 for military activities of the Department of Hutchison Amendment No. 3928, to specify addi- Defense, for military construction, and for defense tional selection criteria for the 2005 round of defense activities of the Department of Energy, to prescribe base closures and realignments under the Defense personnel strengths for such fiscal year for the Base Closure and Realignment Act of 1990. Armed Forces, after striking all after the enacting Pages S6178–80 clause and inserting in lieu thereof the text of S. Landrieu Amendment No. 3975, to provide for 2514, Senate companion measure, as amended and military charters between military installations and passed by the Senate. (See next issue.) local school districts, to provide credit enhancement Senate insisted on its amendment, requested a initiatives to promote military charter school facility conference with the House thereon, and the Chair acquisition, construction, and renovation. was authorized to appoint the following conferees on Pages S6187–89, S6190–94 the part of the Senate: Senators Levin, Kennedy, Hutchinson Amendment No. 3922, to set aside Byrd, Lieberman, Cleland, Landrieu, Reed, Akaka, $3,000,000 for the Clara Barton Center for Domestic Nelson (FL), Nelson (NE), Carnahan, Dayton, Binga- Preparedness, Arkansas. (See next issue.) man, Warner, Thurmond, McCain, Smith, Inhofe,

VerDate 11-MAY-2000 06:29 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D27JN2.REC pfrm12 PsN: D27JN2 D698 CONGRESSIONAL RECORD — DAILY DIGEST June 27, 2002

Santorum, Roberts, Allard, Hutchinson, Sessions, Executive Reports of Committees: (See next issue.) Collins, and Bunning. (See next issue.) Additional Cosponsors: (See next issue.) Adjournment Resolution: Senate agreed to S. Statements on Introduced Bills/Resolutions: Con. Res. 125, providing for a conditional adjourn- (See next issue.) ment or recess of the Senate and a conditional ad- journment of the House of Representatives. Additional Statements: (See next issue.) (See next issue.) Amendments Submitted: (See next issue.) Pledge of Allegiance: By a unanimous vote of 99 Notices of Hearings/Meetings: (See next issue.) yeas (Vote No. 166), Senate passed S. 2690, to reaf- Authority for Committees to Meet: (See next issue.) firm the reference to one Nation under God in the (See next issue.) Pledge of Allegiance. (See next issue.) Privilege of the Floor: E-Government Act: Senate passed S. 803, to en- Record Votes: Three record votes were taken today. hance the management and promotion of electronic (Total—166) Page S6183, (continued next issue). Government services and processes by establishing an Adjournment: Senate met at 9:31 a.m., and ad- Office of Electronic Government within the Office of journed at 5:32 p.m., until 9:30 a.m., on Friday, Management and Budget, and by establishing a June 28, 2002. (For Senate’s program, see the re- broad framework of measures that require using marks of the Acting Majority Leader in today’s Internet-based information technology to enhance Record on page S6200). citizen access to Government information and serv- ices, after agreeing to a committee amendment in Committee Meetings the nature of a substitute, and the following amend- ment proposed thereto: (See next issue.) (Committees not listed did not meet) Reid (for Lieberman/Thompson) Amendment No. 4172, in the nature of a substitute. (See next issue.) BUSINESS MEETING National Fraud Against Senior Citizens Aware- Committee on Appropriations: Committee ordered favor- ness Week: Senate agreed to S. Res. 281, designating ably reported the following bills: the week beginning August 25, 2002, as ‘‘National An original bill making appropriations for the Fraud Against Senior Citizens Awareness Week’’. Department of the Interior and related agencies for (See next issue.) the fiscal year ending September 30, 2003; and Korean Immigration: Committee on the Judici- An original bill making appropriations for mili- ary was discharged from further consideration of S. tary construction, family housing, and base realign- Res. 185, recognizing the historical significance of ment and closure for the Department of Defense for the 100th anniversary of Korean immigration to the the fiscal year ending September 30, 2003. United States, and the resolution was then agreed to. Also, committee approved subcommittee alloca- tions for fiscal year 2003. (See next issue.) Nominations Confirmed: Senate confirmed the fol- NOMINATIONS lowing nominations: Committee on Armed Services: Committee ordered favor- 24 Air Force nominations in the rank of general. ably reported the nomination of Gen. Ralph E. 13 Army nominations in the rank of general. Eberhart, USAF, for reappointment to the grade of 2 Navy nominations in the rank of admiral. general and to be Commander in Chief, United Routine lists in the Air Force, Army, Marine States Northern Command/Commander, North Corps. Pages S6200–01 American Aerospace Defense Command, and 1,607 Nominations Received: Senate received the fol- routine military nominations in the Army, Navy, lowing nominations: Air Force, and Marine Corps. Linda Ellen Watt, of Florida, to be Ambassador to SENIOR HOUSING AND HEALTH FACILITY the Republic of Panama. NEEDS 1 Navy nomination in the rank of admiral. Committee on Banking, Housing, and Urban Affairs: Page S6200 Committee concluded oversight hearings to examine Messages From the House: (See next issue.) the preliminary findings of the Commission on Af- Measures Referred: (See next issue.) fordable Housing and Health Facility Needs for Sen- iors in the 21st Century, after receiving testimony Measures Placed on Calendar: (See next issue.) from Ellen Feingold, Jewish Community Housing Executive Communications: (See next issue.) for the Elderly, Brighton, Massachusetts, and John

VerDate 11-MAY-2000 06:29 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D27JN2.REC pfrm12 PsN: D27JN2 June 27, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D699 C. Erickson, Erickson Retirement Community, Balti- and William H. Courtney, DynCorp, former Ambas- more, Maryland, both on behalf of the Commission sador to Kazakhstan and Georgia, and former Senior on Affordable Housing and Health Facility Needs Advisor to the National Security Council, and Mar- for Seniors in the 21st Century. tha Brill Olcott, Carnegie Endowment for Inter- BORDER OPERATIONS national Peace, both of Washington, D.C. Committee on Appropriations Subcommittee on Transpor- DEPARTMENT OF HOMELAND SECURITY tation/Committee on Commerce, Science, and Transportation AND INTELLIGENCE COMMUNITY Subcommittee on Surface Transportation and Merchant Committee on Governmental Affairs: Committee con- Marine: Subcommittees concluded joint hearings to cluded hearings to examine the relationship between examine cross border trucking issues, focusing on the a future Department of Homeland Security and the implementation of commercial vehicle safety require- current federal, state, and local intelligence commu- ments at the U.S.-Mexico border, after receiving tes- nities, after receiving testimony from Senators timony from Norman Y. Mineta, Secretary, Kenneth Graham and Shelby; Robert S. Mueller III, Director, M. Mead, Inspector General, and Joe Clapp, Admin- Federal Bureau of Investigation, Department of Jus- istrator, Federal Motor Carrier Safety Administration, tice; George J. Tenet, Director, Central Intelligence all of the Department of Transportation. Agency; and William H. Webster, former Director BUSINESS MEETING of Federal Bureau of Investigation, Department of Justice, and Director of Central Intelligence Agency. Committee on Environment and Public Works: Com- mittee ordered favorably reported the following bills: TITLE IX S. 351, to amend the Solid Waste Disposal Act Committee on Health, Education, Labor, and Pensions: to reduce the quantity of mercury in the environ- Committee held hearings to examine the implemen- ment by limiting use of mercury fever thermometers tation and progress of Title IX of the Education and improving collection, recycling, and disposal of Amendments Act of 1972, which prohibits sex dis- mercury, with an amendment in the nature of a sub- crimination in all aspects of education, receiving tes- stitute; timony from former Senator Birch Bayh; Roderick S. 556, to amend the Clean Air Act to reduce Paige, Secretary of Education; Nancy Hogshead- emissions from electric powerplants, with an amend- Makar, Florida Coastal School of Law, Jacksonville; ment in the nature of a substitute; and Arthur L. Coleman, Nixon Peabody, Wash- S. 2664, to amend the Robert T. Stafford Disaster ington, D.C. Relief and Emergency Assistance Act to establish a Hearings recessed subject to call. program to provide assistance to enhance the ability BUSINESS MEETING of first responders to respond to incidents of ter- rorism, including incidents involving weapons of Committee on the Judiciary: Committee ordered favor- mass destruction, with amendments. ably reported the following business items: H.R. 3322, to authorize the Secretary of the Inte- S. 2134, to allow American victims of state spon- rior to construct an education and administrative sored terrorism to receive compensation from center at the Bear River Migratory Bird Refuge in blocked assets of those states, with an amendment in Box Elder County, Utah; and the nature of a substitute; H.R. 3958, to provide a mechanism for the settle- S. 2633, to prohibit an individual from knowingly ment of claims of the State of Utah regarding por- opening, maintaining, managing, controlling, rent- tions of the Bear River Migratory Bird Refuge lo- ing, leasing, making available for use, or profiting cated on the shore of the Great Salt Lake, Utah. from any place for the purpose of manufacturing, distributing, or using any controlled substance; HUMAN RIGHTS IN CENTRAL ASIA S. 1339, to amend the Bring Them Home Alive Committee on Foreign Relations: Subcommittee on Cen- Act of 2000 to provide an asylum program with re- tral Asia and the South Caucasus concluded hearings gard to American Persian Gulf War POW/MIAs, to examine the balancing of military assistance and with an amendment; support for human rights in central Asia for the pur- S. Res. 281, designating the week beginning Au- pose of ensuring stability, security, and prosperity in gust 25, 2002, as ‘‘National Fraud Against Senior the region, after receiving testimony from Lorne W. Citizens Awareness Week’’; Craner, Assistant Secretary for Democracy, Human S. Res. 284, expressing support for ‘‘National Rights, and Labor Bureau, and B. Lynn Pascoe, Dep- Night Out’’ and requesting that the President make uty Assistant Secretary for Central Asia, both of the neighborhood crime prevention, community polic- Department of State; J. D. Crouch II, Assistant Sec- ing, and reduction of school crime important prior- retary of Defense for International Security Policy; ities of the Administration; and

VerDate 11-MAY-2000 06:29 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D27JN2.REC pfrm12 PsN: D27JN2 D700 CONGRESSIONAL RECORD — DAILY DIGEST June 27, 2002 The nomination of Lavenski R. Smith, of Arkan- United States District Judge for the Western Dis- sas, to be United States Circuit Judge for the Eighth trict of Pennsylvania, and Arthur J. Schwab, to be Circuit. United States District Judge for the Western Dis- trict of Pennsylvania, after the nominees testified and NOMINATIONS answered questions in their own behalf. Mr. Shedd Committee on the Judiciary: Committee concluded was introduced by Senators Thurmond and Hollings, hearings on the nominations of Dennis W. Shedd, of and Representative Wilson, and Mr. McVerry and South Carolina, to be United States Circuit Judge for Mr. Schwab were introduced by Senators Specter, the Fourth Circuit, Terrence F. McVerry, to be Santorum, and Representative Hart. h House of Representatives Tierney amendment that sought to delete funding Chamber Action of $121.8 million for missile silos at Fort Greeley, Reports Filed: No Reports were filed today. Alaska (rejected by a recorded vote of 112 ayes to Guest Chaplain: The prayer was offered by the 314 noes, Roll No. 269). (See next issue.) guest Chaplain, Chaplain Frederick J. Huscher, Riv- Point of Order Sustained Against: erside County Sheriff’s Department of Riverside, Kucinich amendment that sought to withhold 1 California. Page H4071 percent of funding from certain Department of De- fense components until the DOD Inspector General Journal: Agreed to the Speaker’s approval of the expresses an opinion on the audited financial state- Journal of Wednesday, June 26 by a recorded vote ments of that component; of 348 yeas to 59 nays with 1 voting ‘‘present,’’ Roll Pages H4109–10, (continued next issue). No. 267. Pages H4071–72 H. Res. 461, the rule that provided for consider- Motions to Adjourn: Rejected the McNulty motion ation of the bill was agreed to by voice vote. to adjourn by a recorded vote of 70 ayes to 332 Page H4076 noes, Roll No. 268. Pages H4072–73 Suspensions: The House agreed to suspend the rules Department of Defense Appropriations: The and pass the following measures that were debated House passed H.R. 5010, making appropriations for on June 25: the Department of Defense for the fiscal year ending Patriotic Contributions of Roofing Professionals September 30, 2003 by a yea-and-nay vote of 413 Who Replaced, At No Cost, the Pentagon’s Slate yeas to 18 nays, Roll No. 270. Roof Destroyed on September 11: H. Con. Res. 424, Agreed To: commending the patriotic contributions of the roof- Spratt amendment that reduces funding for the ing professionals who replaced, at no cost to the Fed- space based kinetic energy boost program by $30 eral Government, the section of the Pentagon’s slate million and increases funding for the airborne laser roof that was destroyed as a result of the terrorist at- program accordingly; (See next issue.) tacks against the United States that occurred on Sep- Kucinich amendment that withholds 1 percent of tember 11, 2001 (agreed to by a yea-and-nay vote funding from certain Department of Defense compo- of 428 yeas with none voting ‘‘nay,’’ Roll No. 271); nents until the DOD Inspector General submits an and (See next issue.) audit of these components pursuant to section 3521(e) of title 31, United States; and Frank Sinatra Post Office, Hoboken, New Jer- (See next issue.) sey: H.R. 3034, to redesignate the facility of the Collins of Georgia amendment that prohibits the United States Postal Service located at 89 River use of any funds to relocate the headquarters of the Street in Hoboken, New Jersey, as the ‘‘Frank Si- United States Army, South, from Fort Buchanan, natra Post Office Building;’’ (agreed to by a yea-and- Puerto Rico, to a location in the continental United nay vote of 427 yeas with none voting ‘‘nay,’’ Roll States. (See next issue.) No. 272). (See next issue.) Rejected: Urging the Ninth Circuit Court of Appeals to Tierney amendment that sought to delete funding Rehear Their Erroneous Ruling That the Pledge of $44.4 million for the space based kinetic energy of Allegiance is an Unconstitutional Endorse- boost program; and Pages H4106–09 ment of Religion: The House agreed to suspend the

VerDate 11-MAY-2000 06:29 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D27JN2.REC pfrm12 PsN: D27JN2 June 27, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D701 rules and agreed to H. Res. 459, expressing the care Program by a recorded vote of 221 ayes to 208 sense of the House of Representatives that Newdow noes, Roll No. 282. (See next issue.) v. U.S. Congress was erroneously decided by a yea- Rejected the Gephardt motion to recommit the and-nay vote of 416 yeas to 3 nays with 11 voting bill jointly to the Committees on Ways and Means ‘‘present,’’ Roll No. 273. (See next issue.) and Energy and Commerce with instructions to re- Earlier, agreed to H. Res. 463, the rule that pro- port it back promptly with an amendment in the vided for consideration of the motion to suspend the nature of a substitute that establishes the Medicare rules by voice vote. (See next issue.) Prescription Drug Benefit and Discount Act by a re- Military Construction Appropriations: The House corded vote of 204 ayes to 223 noes, Roll No. 281. passed H.R. 5011, making appropriations for mili- (See next issue.) tary construction, family housing, and base realign- Pursuant to the rule, in lieu of the amendment ment and closure for the Department of Defense for recommended by the Committee on Ways and the fiscal year ending September 30, 2003 by a yea- Means, the amendment in the nature of a substitute and-nay vote of 426 yeas to 1 nay, Roll No. 277. printed in H. Rept. 107–552 was considered as (See next issue.) adopted. (See next issue.) Agreed To: Agreed to H. Res. 465, the rule that provided for Collins of Georgia amendment that prohibits the consideration of the bill by a yea-and-nay vote of use of any funds to relocate the headquarters of the 218 yeas to 213 nays, Roll No. 280. (See next issue.) United States Army, South, from Fort Buchanan, Support of American Eagle Silver Bullion Pro- Puerto Rico, to a location in the continental United gram: The House passed S. 2594, to authorize the States. (See next issue.) Secretary of the Treasury to purchase silver on the The House agreed to H. Res. 462, the rule that open market when the silver stockpile is depleted, to provided for consideration of H.R. 5011 and S. 2578 be used to mint coins—clearing the measure for the by a yea-and-nay vote of 269 yeas to 160 nays, Roll President. (See next issue.) No. 276. Agreed to the Myrick amendment that made it in order, upon adoption of the rule and Fourth of July District Work Period: The House without the intervention of any point of order, to agreed to S. Con. Res. 125, providing for a condi- consider in the House, S. 2578, to amend title 31 tional adjournment or recess of the Senate and a con- of the United States code to increase the public debt ditional adjournment of the House of Representa- limit, by a recorded vote of 219 ayes to 211 noes, tives. (See next issue.) Roll No. 275. Earlier, agreed to order the previous Meeting Hour—Tuesday, July 9: Agreed that question on the amendment and the rule by a yea- when the House adjourns on Monday, July 8, it ad- and-nay vote of 221 yeas to 210 nays, Roll No. 274. journ to meet at 10:30 a.m. on Tuesday, July 9, for Pursuant to section 2 of the rule, H. Res. 421 was morning-hour debate. (See next issue.) laid on the table. (See next issue.) Calendar Wednesday: Agreed to dispense with the Debt Limit Increase: The House passed S. 2578, to Calendar Wednesday business of Wednesday, July amend title 31 of the United States Code to increase 10, 2002. (See next issue.) the public debt limit by a recorded vote of 215 ayes Resignations—Appointments: Agreed that not- to 214 noes with 1 voting ‘‘present’’, Roll No. withstanding any adjournment of the House until 279—clearing the measure for the President. Monday, July 8, the Speaker, Majority Leader and (See next issue.) Minority Leader be authorized to accept resignations Rejected the Moore motion to commit the bill to and make appointments authorized by law or by the the Committee on Ways and Means with instruc- House. (See next issue.) tions to report it back forthwith with an amendment in the nature of a substitute that increases the debt Speaker Pro Tempore: Read a letter from the limit by $150 billion by a yea-and-nay vote of 207 Speaker wherein he appointed Representative yeas to 222 nays, Roll No. 278. (See next issue.) Gilchrest or, if not available to perform this duty, The bill was considered pursuant to the provisions Representative Tom Davis of Virginia to act as of H. Res. 462, as amended. (See next issue.) Speaker pro tempore to sign enrolled bills and joint resolutions through July 8. (See next issue.) Medicare Modernization and Prescription Drug Act: The House passed H.R. 4954, to amend title Senate Messages: Messages received from the Senate XVIII of the Social Security Act to provide for a vol- will appear in the next issue. untary program for prescription drug coverage under Referrals: S. 1041 was referred to the Committees the Medicare Program and to modernize and reform on Energy and Commerce and Education and the payments and the regulatory structure of the Medi- Workforce. S. 1646 was referred to the Committee

VerDate 11-MAY-2000 06:29 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D27JN2.REC pfrm12 PsN: D27JN2 D702 CONGRESSIONAL RECORD — DAILY DIGEST June 27, 2002 on Transportation and Infrastructure. S. 2690 was CONSUMER RENTAL AGREEMENT ACT; referred to the Committee on the Judiciary. S. 1754 WORLDCOM SUBPOENAS and S. Con. Res. 125 were held at the desk. Committee on Financial Services: Ordered reported, as (See next issue.) amended, H.R. 1701, Consumer Rental Agreement Quorum Calls—Votes: Ten yea-and-nay votes and Act. seven recorded votes developed during the pro- In regard to the alleged fraud in WorldCom Inc., ceedings of the House today and appear on pages financial statements, the Committee adopted a mo- H4071–72, H4072–73, (continued next issue). tion to subpoena the following WorldCom execu- There were no quorum calls. tives: Bernard J. Ebbers, former President and CEO; Adjournment: The House met at 10 a.m. and at John W. Sidgmore, current President and CEO of 2:38 a.m. on Friday, June 28, pursuant to the provi- WorldCom; and Scott Sullivan, former CFO of sions of S. Con. Res. 125, the House stands ad- WorldCom; and Jack Grubman, a telecommuni- journed until 2 p.m. on Monday, July 8, 2002. cations analyst at Salomon Smith Barney. AFRICA—PROMOTING ECONOMIC Committee Meetings DEVELOPMENT Committee on International Relations: Held a hearing on NATIONAL FORESTS—ROADLESS AREAS Promoting Economic Development in Africa Through Accountability and Good Governance. Tes- Committee on Agriculture: Subcommittee on Depart- timony was heard from Paul H. O’Neill, Secretary of ment Operations, Oversight, Nutrition and Forestry the Treasury. held a hearing on Roadless areas in our National Forests. Testimony was heard from Mark E. Rey, OVERSIGHT—UNPUBLISHED JUDICIAL Under Secretary, Natural Resources and the Environ- OPINIONS ment, USDA; and public witnesses. Committee on the Judiciary: Subcommittee on Courts, the Internet, and Intellectual Property held an over- PROPOSED MILLENNIUM CHALLENGE sight hearing on ‘‘Unpublished Judicial Opinions.’’ Committee on Appropriations: Subcommittee on Foreign Testimony was heard from Ales Kozinski, Judge, Operations, Export Financing and Related Programs U.S. Court of Appeals, Ninth Circuit; Samuel A. held a hearing on the President’s proposed Millen- Alito, Jr., Judge, U.S. Court of Appeals, Third Cir- nium Challenge. Testimony was heard from public cuit and Chair, Advisory Committee on the Federal witnesses. Rules of Appellate Procedure; and public witnesses. LEGISLATIVE APPROPRIATIONS HOMELAND SECURITY ACT—ROLE OF IMMIGRATION Committee on Appropriations: Subcommittee on Legisla- tive approved for full Committee action the Legisla- Committee on the Judiciary: Subcommittee on Immi- tive appropriations for fiscal year 2003. gration, Border Security, and Claims held an over- sight hearing on ‘‘The Role of Immigration in the MISSILE DEFENSE Department of Homeland Security pursuant to H.R. 5005, Homeland Security Act of 2002.’’ Testimony Committee on Armed Services: Subcommittee on Mili- was heard from Grant S. Green, Under Secretary, tary Procurement and the Subcommittee on Military Management and Resources, Department of State; Research and Development held a joint hearing on and public witnesses. missile defense. Testimony was heard from the fol- lowing officials of the Department of Defense: Paul MISCELLANEOUS MEASURE; OVERSIGHT— Wolfowitz, Deputy Secretary; Lt. Gen. Ronald T. CORAL REEF CONSERVATION ACT Kadish, USAF, Director, Missile Defense Agency; Committee on Resources: Subcommittee on Fisheries and Thomas P. Christie, Director, Operational Test Conservation, Wildlife and Ocean’s approved for full and Evaluation. Committee action H. Con. Res. 419, requesting the President to issue a proclamation in observance of UNION REPORTING AND DISCLOSURE the 100th Anniversary of the founding of the Inter- Committee on Education and the Workforce: Sub- national Association of Fish and Wildlife Agencies. committee on Employer-Employee Relations held a The Subcommittee also held an oversight hearing hearing on Union Reporting and Disclosure: Legisla- on the Coral Reef Conservation Act of 2000, Execu- tive Reform Proposals. Testimony was heard from tive Order 13089, and the oceanic conditions con- public witnesses. tributing to coral reef decline. Testimony was heard

VerDate 11-MAY-2000 06:29 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D27JN2.REC pfrm12 PsN: D27JN2 June 27, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D703 from Craig Manson, Assistant Secretary, Fish, Wild- HOMELAND SECURITY DEPARTMENT life and Parks, Department of the Interior; Timothy Permanent Select Committee on Intelligence: Met in execu- R. E. Keeney, Deputy Assistant Secretary, Oceans tive session to hold a hearing on Creation of the De- and Atmosphere, NOAA, Department of Commerce; partment of Homeland Security. Testimony was and public witnesses. heard from departmental witnesses. LAND CONVEYANCE f Committee on Resources: Subcommittee on National COMMITTEE MEETINGS FOR FRIDAY, Parks, Recreation and Public Lands held a hearing JUNE 28, 2002 on H.R. 4968, to provide for the exchange of certain (Committee meetings are open unless otherwise indicated) lands in the State of Utah. Testimony was heard Senate from Representative Matheson; Tom Fulton, Deputy Assistant Secretary, Land and Minerals, Department Committee on Governmental Affairs: to hold hearings to examine how the proposed Department of Homeland Se- of the Interior; and public witnesses. curity should address weapons of mass destruction, and relevant science and technology, research and develop- HOMELAND SECURITY ACT ment, and public health issues, 9:30 a.m., SD–342. Committee on Science: Held a hearing on H.R. 5005, Committee on Health, Education, Labor, and Pensions: to Homeland Security Act. Testimony was heard from hold hearings on S. 2246, to improve access to printed John H. Marburger III, Director, Office of Science instructional materials used by blind or other persons with print disabilities in elementary and secondary and Technology Policy; Raymond L. Orbach, Direc- schools, 9:30 a.m., SD–430. tor, Office of Science, Department of Energy; and John S. Tritak, Director, Critical Infrastructure As- House surance Office, Bureau of Industry and Security, De- Committee on Armed Services, Special Oversight Panel on partment of Commerce. Terrorism, hearing on Navy and Marine Corps initiatives to improve anti- and counter-terrorism operations, 8:30 IMPROVING HIGHWAY SAFETY a.m., 2212 Rayburn. Committee on the Judiciary, Subcommittee on Commer- Committee on Transportation and Infrastructure: Sub- cial and Administrative Law, to mark up H.R. 4561, committee on Highways and Transit held a hearing Federal Agency Protection of Privacy Act, 10 a.m., 2141 on various approaches to Improving Highway Safety. Rayburn. Testimony was heard from the following officials of Subcommittee on Immigration, Border Security, and the Department of Transportation: Jeff Runge, Ad- Claims, hearing on H.R. 5017, to amend the Temporary ministrator, National Highway Traffic Safety Ad- Emergency Wildlife Suppression Act to facilitate the abil- ministration; and Frederick G. Wright, Jr., Execu- ity of the Secretary of the Interior and the Secretary of Agriculture to enter into reciprocal agreements with for- tive Director, Federal Highway Administration; and eign countries for the sharing of personnel to fight public witnesses. wildfires, 11 a.m., 2237 Rayburn.

VerDate 11-MAY-2000 06:29 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D27JN2.REC pfrm12 PsN: D27JN2 D704 CONGRESSIONAL RECORD — DAILY DIGEST June 27, 2002

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, June 28 2 p.m., Monday, July 8

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Monday: To be announced. ing business.

Extensions of Remarks, as inserted in this issue

HOUSE Graham, Lindsey O., S.C., E1154 Pickering, Charles W. ‘‘Chip’’, Miss., E1169 Holt, Rush D., N.J., E1163 Putnam, Adam H., Fla., E1169 Ackerman, Gary L., N.Y., E1158 Hunter, Duncan, Calif., E1155 Radanovich, George, Calif., E1153, E1154, E1156 Baldacci, John Elias, Maine, E1153 Kildee, Dale E., Mich., E1165 Rahall, Nick J., II, W.Va., E1169 Barcia, James A., Mich., E1153, E1154 Kucinich, Dennis J., Ohio, E1157 Rangel, Charles B., N.Y., E1161 Bonior, David E., Mich., E1154 Langevin, James R., R.I., E1154 Riley, Bob, Ala., E1153 Carson, Julia, Ind., E1160 Levin, Sander M., Mich., E1156 Ross, Mike, Ark., E1159 Collins, Mac, Ga., E1162 Lewis, Jerry, Calif., E1165 Smith, Christopher H., N.J., E1158 DeGette, Diana, Colo., E1165 Lynch, Stephen F., Mass., E1157 Stark, Fortney Pete, Calif., E1157, E1163 Diaz-Balart, Lincoln, Fla., E1159 McCarthy, Karen, Mo., E1169 Stupak, Bart, Mich., E1159 Dingell, John D., Mich., E1161 Matsui, Robert T., Calif., E1165 Tauzin, W.J. (Billy), La., E1160 Flake, Jeff, Ariz., E1156 Miller, Dan, Fla., E1156 Toomey, Patrick J., Pa., E1158 Frank, Barney, Mass., E1164 Miller, Gary G., Calif., E1156 Udall, Tom, N.M., E1155 Gallegly, Elton, Calif., E1156 Nadler, Jerrold, N.Y., E1164 Wexler, Robert, Fla., E1166 Gilchrest, Wayne T., Md., E1163 Pallone, Frank, Jr., N.J., E1170 Wynn, Albert Russell, Md., E1167 Gillmor, Paul E., Ohio, E1160 Paul, Ron, Tex., E1159, E1167 Young, Don, Alaska, E1170

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

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at (202) 512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $211.00 for six months, $422.00 per year, or purchased for $5.00 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to (866) 512–1800 (toll free), (202) 512–1800 (D.C. Area), or fax to (202) 512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.

VerDate 11-MAY-2000 06:29 Jun 28, 2002 Jkt 099061 PO 00000 Frm 00009 Fmt 0664 Sfmt 0664 E:\CR\FM\D27JN2.REC pfrm12 PsN: D27JN2