Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 107 CONGRESS, SECOND SESSION

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, TUESDAY, SEPTEMBER 10, 2002 No. 113 House of Representatives The House met at 9 a.m. and was PRAYER ceedings on this question will be post- called to order by the Speaker pro tem- The Chaplain, The Reverend Daniel poned. pore (Mr. PETRI). P. Coughlin, offered the following pray- The point of no quorum is considered f er: withdrawn. Eternal God, there are not enough f DESIGNATION OF SPEAKER PRO days in a year to dedicate just one TEMPORE prayerful day for each life lost on that PLEDGE OF ALLEGIANCE The SPEAKER pro tempore laid be- fateful day a year ago tomorrow. But The SPEAKER pro tempore. Will the fore the House the following commu- each day, we remember the crumbling gentleman from Colorado (Mr. HEFLEY) nication from the Speaker: towers, the battered Pentagon, and the come forward and lead the House in the WASHINGTON, DC, cavern in Shanksville field. Each life Pledge of Allegiance. September 10, 2002. consumed and each family wounded is Mr. HEFLEY led the Pledge of Alle- I hereby appoint the Honorable THOMAS E. commended once again today to Your giance as follows: PETRI to act as Speaker pro tempore on this tender mercy and lasting love. I pledge allegiance to the Flag of the day. Just Reward for the virtuous, we still United States of America, and to the Repub- J. DENNIS HASTERT, hold dear the snapshots in our mind of lic for which it stands, one nation under God, Speaker of the House of Representatives. the heroes and heroines You revealed indivisible, with liberty and justice for all. f to us in the action film of this past f year. In You each act of courage and MORNING HOUR DEBATES selfless generosity will never be forgot- IN MEMORY OF WILLIAM A. The SPEAKER pro tempore. Pursu- ten. SCHWARTZ ant to the order of the House of Janu- Guardian of saint and sinner alike, (Mr. ISAKSON asked and was given ary 23, 2002, the Chair will now recog- guide government leaders now, protect permission to address the House for 1 nize Members from lists submitted by our military forces today, and help all minute and to revise and extend his re- the majority and minority leaders for Americans realize their fullest poten- marks.) morning hour debates. The Chair will tial in the time You give us. Amen. Mr. ISAKSON. Madam Speaker, I rise alternate recognition between the par- f today to mourn the passing of William A. Schwartz and to praise his tireless ties, with each party limited to not to THE JOURNAL exceed 25 minutes, and each Member, dedication on behalf of his fellow man. except the majority leader, the minor- The SPEAKER pro tempore. The William Schwartz, the CEO of the ity leader, or the minority whip, lim- Chair has examined the Journal of the National Prostate Cancer Coalition, ited to not to exceed 5 minutes, but in last day’s proceedings and announces died last week; and he died of prostate no event shall debate extend beyond to the House her approval thereof. cancer. Mr. Schwartz is the former Pursuant to clause 1, rule I, the Jour- 9:50 a.m. president and CEO of Cox Enterprises nal stands approved. and was president of Cannell Commu- f Mr. PENCE. Madam Speaker, pursu- nications and First Media Television. ant to clause 1, rule I, I demand a vote RECESS He was an outstanding citizen of At- on agreeing to the Speaker’s approval lanta, Georgia, and worked tirelessly The SPEAKER pro tempore. Pursu- of the Journal. ant to clause 12, rule I, the Chair de- The SPEAKER pro tempore. The on behalf of many organizations, in- clares the House in recess until 10 a.m. question is on the Speaker’s approval cluding the Jewish Federation of Accordingly (at 9 o’clock and 2 min- of the Journal. Greater Atlanta, the Atlanta Ballet, utes a.m.), the House stood in recess The question was taken; and the and Temple Sinai, where he was an ac- until 10 a.m. Speaker pro tempore announced that tive member. In 1994, Mr. Schwartz was diagnosed f the ayes appeared to have it. Mr. PENCE. Madam Speaker, I object with prostate cancer, and from that b 1000 to the vote on the ground that a day forward he dedicated himself to quorum is not present and make the promoting awareness and increasing AFTER RECESS point of order that a quorum is not research to fight prostate cancer. As The recess having expired, the House present. the volunteer chairman of the National was called to order by the Speaker pro The SPEAKER pro tempore. Pursu- Prostate Cancer Coalition, he lobbied tempore (Mrs. BIGGERT) at 10 a.m. ant to clause 8, rule XX, further pro- effectively for increased funding for

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

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VerDate Sep 04 2002 01:05 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.000 H10PT1 H6132 CONGRESSIONAL RECORD — HOUSE September 10, 2002 cancer research, and his advocacy ben- ANNOUNCEMENT BY THE SPEAKER sources to move the President’s efited men throughout America. PRO TEMPORE healthy forest initiative to reduce Though prostate cancer took the life The SPEAKER pro tempore. Mem- wildfire risk for the sake of our na- of William Schwartz, his spirit and bers are reminded not to characterize tional resources, our property, and our tireless efforts will save the lives of actions or inactions of the other body lives. many men. of the Congress. f f f DECREASE OF UNDERWEIGHT BABIES IN ORANGE COUNTY STEEL HEALTH LEGACY COSTS UNJUSTIFIED WAR AGAINST IRAQ (Ms. SANCHEZ asked and was given (Mr. KUCINICH asked and was given (Mr. BROWN of Ohio asked and was permission to address the House for 1 permission to address the House for 1 given permission to address the House minute and to revise and extend her re- minute and to revise and extend his re- for 1 minute and to revise and extend marks.) marks.) his remarks.) Ms. SANCHEZ. Madam Speaker, I Mr. KUCINICH. Madam Speaker, we Mr. BROWN of Ohio. Madam Speak- rise today to commend the cities of owe it to the memories of those who er, the United States has become the Santa Ana and Anaheim for helping to lost their lives on 9–11 to remember, to world’s steel dumping ground at the ex- bring down the rate of underweight ba- reflect, and also to bring to justice pense of U.S. jobs, U.S. families, and bies in Orange County. Because of the those responsible. We also have a simi- the U.S. economy. high quality health care these cities lar obligation not to use the events of Since 1997, 34 steel companies have have provided to women in my district, 9–11 and the great losses which so many filed for bankruptcy, 17 since January we have one of the lowest underweight endured as a pretext for launching a of 2001, since President Bush became birth rates in the Nation. war against Iraq. President, including LTV in Cleveland Santa Ana and Anaheim have proven Iraq was not responsible for 9–11. Iraq and RTI in Lorain, Ohio. Unfair trade that prenatal programs are the key to has not been linked to 9–11. Yet here has victimized an entire generation of lowering the numbers of underweight we are on the anniversary of that grim American steelworkers, who now de- babies and infant mortality. In fact, day, and all the administration is at- pend on this industry, steelworkers and one such program, Maternal Outreach tempting to do is reframe 9–11 by beat- retirees, for their benefits. Management Systems, or MOMS, a ing the drum for war against a nation It is time for our leaders in Wash- nonprofit organization, has worked not connected to 9–11. ington, for a change, to stand up. The hard to improve infant health by work- America has had enough violence in House Steel Revitalization Act, H.R. ing with women who are undereducated the past year for our country to have 808, has 229 cosponsors, more than a or may not have the proper informa- to suffer even more violence to the majority of this body. The Steel Revi- tion. MOMS comes together to help, in truth which brings us into an unjusti- talization Act will mean jobs, it will particular to help those with young fied war. Let us heal our Nation and mean community revitalization, it will children or about to give birth. heal it with truth and with justice. mean strengthening and improving the Out of the 46,000 born in Orange That is the American way. U.S. economy; yet Republican leader- County this past year, only 5.5 percent ship has blocked this bill. of the babies were born underweight. f A majority of Members of Congress Programs like MOMS have given more have cosponsored this Steel Revitaliza- women opportunities to provide a bet- CONGRESS SHOULD PASS AN tion Act, and the conservative Repub- ter life for their unborn children and a ENERGY BILL lican leadership will not let this bill better chance at being healthy. Again, (Mr. HEFLEY asked and was given come to a vote. I ask my Republican I would like to commend our cities of permission to address the House for 1 friends to push their leadership to do Santa Ana and Anaheim in helping minute and to revise and extend his re- the right thing. with this. marks.) f f Mr. HEFLEY. Madam Speaker, we are approaching the end of this Con- ALLOW RESPONSIBLE FOREST BANKRUPTCY REFORM gress without sending an energy bill to MANAGEMENT LEGISLATION KILLS FREE SPEECH the President. The House passed H.R. 4, (Mr. GIBBONS asked and was given (Mr. PITTS asked and was given per- the Securing America’s Future Energy permission to address the House for 1 mission to address the House for 1 Act of 2001; and unfortunately, we are minute and to revise and extend his re- minute and to revise and extend his re- not, after 1 year from that passage, marks.) marks.) celebrating the signing of H.R. 4 into Mr. GIBBONS. Madam Speaker, in Mr. PITTS. Madam Speaker, nothing law. the first 6 months of this year, is more important in our democracy The President is still waiting to sign wildfires have burned nearly 3 million than the right to free speech and peace- a comprehensive energy reform pack- acres out west. That 6-month total is ful assembly. No matter what they be- age that reduces our Nation’s depend- significantly more than the annual lieve, we need to allow people to speak ency on foreign oil. Why is the Presi- averages, and even greater than the out. When we begin to hush people up dent still waiting, Madam Speaker? number of acres burned at the same because of what they believe, none of Not because of this House, who worked point during the record-setting fire us is safe any longer. with the President to pass a com- year of 2000. And thousands of acres of Until recently, I thought all of us prehensive energy reform that in- fire continue to burn as we speak. agreed on this. I guess I was wrong. I creases America’s national security. So far, the State of Nevada has en- am sorry to say that the bankruptcy H.R. 4 was ignored by the party that dured over 678 separate fires, turning reform conference report contains a controls the other body, who, instead, nearly 81,000 acres into charcoal. provision that singles out one group of chose to take up and pass an energy Wildfires not only devastate our pre- people for unusually harsh punishment package that did nothing to reduce our cious national forests but they endan- simply for what they believe. Under an dependency on countries like Iraq and ger private property and the lives of amendment pushed through by one people like Saddam Hussein for our thousands of residents in the West. It powerful Senator, peaceful, nonviolent country’s energy needs. is time we give the Forest Service and pro-life protestors will face lifelong fi- Madam Speaker, let us send the the Department of the Interior the nancial ruin if they have the temerity President an energy bill that he can tools they need to expeditiously imple- to stand outside an abortion clinic and sign with confidence, one that in- ment fuels-reduction work on tens of protest the death of children inside. creases both our economic security and millions of acres of public land at risk Other groups can keep on speaking our national security. Let us pass one of severe wildfire. out and protesting, as they always that looks very much like the one we I urge my colleagues to support the have, environmental, labor, and civil passed a year ago August. efforts of the House Committee on Re- rights. But if we pass this bill in its

VerDate Sep 04 2002 01:47 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.003 H10PT1 September 10, 2002 CONGRESSIONAL RECORD — HOUSE H6133 present form, pro-lifers will no longer Democrats alike, have responded with has designated September 11 of each have the same rights as other Ameri- resources and reform. year to be Patriot Day, and calls on all Americans to observe it appropriately. cans have. This is not fair, and this b 1015 body should take no part in this. It is I urge my Michigan citizens and all wrong. America is better prepared and safer Americans to spend some time think- I urge my colleagues to join me in this September 11 than the last. Let us ing about what we need to do to pro- opposing the bankruptcy conference re- also be confident in this, that He who tect our liberty and freedom, and to port in its present form. We should re- sets this pilgrim’s dream on this wil- pray for the families of those that died introduce this bill without this abor- derness shore still watches over us. in the terrorist attack in Pennsyl- tion amendment and do the job right. And I say like Americans have said vania, Washington and New York. This throughout generations, I lift up my Wednesday marks the 1-year anniver- f eyes to the hills, and where does my sary. Let us remember what our fore- URGING MEMBERS TO JOIN CON- help come from, my help comes from fathers did, and what happened to us 1 GRESSIONAL MISSING AND EX- the Lord. year ago and our renewed vigor to PLOITED CHILDREN’S CAUCUS f make sure that we do what is impor- (Mr. LAMPSON asked and was given tant to sacrifice ourselves in the pres- DEFEAT H.R. 2357, ALLOWING permission to address the House for 1 ervation of liberty and freedom. CHURCHES TO FUND POLITICAL minute and to revise and extend his re- CAMPAIGNS f marks.) MOTION TO INSTRUCT CONFEREES Mr. LAMPSON. Madam Speaker, (Mr. EDWARDS asked and was given permission to address the House for 1 ON H.R. 3210, TERRORISM RISK today I rise to again urge my col- PROTECTION ACT leagues, if they are not already mem- minute and to revise and extend his re- bers, to join the Congressional Missing marks.) Mr. FOSSELLA. Madam Speaker, I and Exploited Children’s Caucus. Mr. EDWARDS. Madam Speaker, the offer a motion to instruct conferees on In 1997, a little girl named Laura American people need to know that the bill (H.R. 3210) to ensure the con- Kate Smither was abducted while jog- there is legislation pending in this tinued financial capacity of insurers to ging near her home in my congres- House that would turn our churches provide coverage for risks from ter- sional district. She was later found into political campaign organizations. rorism. The SPEAKER pro tempore (Mrs. murdered. We have seen many of those This bill would actually allow churches BIGGERT). The Clerk will report the stories, unfortunately too many of to endorse political candidates and even contribute church funds to polit- motion. them lately. The pain that I saw and The Clerk read as follows: the terror that I saw my community go ical campaigns. H.R. 2357 is an extraordinarily bad Mr. FOSSELLA moves that the managers on through, as well as the way they came the part of the House at the conference on together to search for this little girl, bill. It is a dangerous bill. This bill the disagreeing votes of the two Houses on inspired me to want to do something to would demean the spiritual mission of the Senate amendment to the bill H.R. 3210 prevent this kind of loss in the future. our houses of worship by turning them be instructed to agree to the provisions con- I came to Congress with a lot of ideas into a vehicle for campaign contribu- tained in section 11 of the Senate amend- and issues on my mind, but soon real- tions and partisanship. If someone ment, relating to satisfaction of judgments ized the importance of one that was wanted to maliciously tear our church- from frozen assets of terrorists, terrorist organizations, and state sponsors of terrorism. not being adequately addressed; and so es apart, I can think of few ways to do I founded the Congressional Missing it better than to pit church members The SPEAKER pro tempore. Under and Exploited Children’s Caucus to against church members each year as rule XXII, the gentleman from New serve as a loud and unified voice for they debate which Federal, State, York (Mr. FOSSELLA) and the gen- children all over the world. county and local candidates to endorse tleman from North Carolina (Mr. We have seen lots of stories recently and how much to contribute to them. WATT) each will control 30 minutes. The Chair recognizes the gentleman on CNN and in our newspapers, else- This bill is opposed by numerous reli- from New York (Mr. FOSSELLA). where, during the summer. It is not gious organizations, including the Bap- that there are more but that we are be- tist Joint Committee, the American GENERAL LEAVE Mr. FOSSELLA. Madam Speaker, I coming aware. I urge my colleagues to Jewish Committee, the General Board ask unanimous consent that all Mem- join this congressional caucus and to of Church and Society, the United bers may have 5 legislative days within help us continue to fight child abduc- Methodist Church, the Congress of Na- which to revise and extend their re- tion and exploitation. tional Black Churches, the Interfaith marks on the motion to instruct con- f Alliance Foundation and the Baptist General Convention of Texas, just to ferees on H.R. 3210. The SPEAKER pro tempore. Is there REMEMBERING SEPTEMBER 11, 2001 name a few. objection to the request of the gen- (Mr. PENCE asked and was given per- If anyone thinks politicizing church- tleman from New York? mission to address the House for 1 es is a good idea, then they need to re- There was no objection. minute and to revise and extend his review the lessons of world history. Mr. FOSSELLA. Madam Speaker, I marks.) f yield myself such time as I may con- Mr. PENCE. Madam Speaker, to sume. state the obvious, tomorrow is Sep- AMERICANS URGED TO REMEMBER SEPTEMBER 11 Madam Speaker, as we all know, to- tember 11 again. Like many Ameri- morrow marks the first anniversary of cans, I will be home taking time with (Mr. SMITH of Michigan asked and the greatest attack on the soil of the family and neighbors for a solemn re- was given permission to address the United States of America. In that at- flection, remembrance and prayer, and House for 1 minute and to revise and tack, both at the Pentagon in Virginia, so it should be for all Americans. But extend his remarks.) in Pennsylvania, and in downtown my earnest hope, Madam Speaker, is Mr. SMITH of Michigan. Madam Manhattan, the Nation lost thousands that September 11 of this year not be Speaker, this week it is important to of innocent human lives. an anxious time; that in addition to re- remember those who lost their lives Since then I think our Nation has membering the lost, we actually, during the attack on America last been on full alert and in the field com- Madam Speaker, have much to com- year, as well as all of our first respond- bating the war on terrorism, seeking memorate. ers, our medics, our military personnel, out those evil ones who committed In the past 12 months, our people and the people that volunteered and those dastardly acts, so we can ensure have responded with selfless actions of tried to help. that we can keep the peace for future courage and generosity, our military I think our Founding Fathers would generations. But at the same time, we has responded with valor, our Presi- be very proud of our new diligence in need to get at the heart of these ter- dent with moral clarity and purpose, our quest to preserve liberty and free- rorist organizations in those states and this Congress, Republicans and dom in this country. President Bush that sponsor terrorism.

VerDate Sep 04 2002 01:47 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.007 H10PT1 H6134 CONGRESSIONAL RECORD — HOUSE September 10, 2002 Believe it or not, if an American cit- munity against victims in U.S. courts would like to talk particularly about izen seeks a judgment in a court of law because of their relationship with the what I think is one of the most impor- and is successful against some of these terrorist-sponsoring states. tant issues in that bill which fell with- terrorist organizations or states that By exposing these agencies and in- in the Committee on the Judiciary’s sponsor terrorism, and assets are fro- strumentalities to liability, the U.S. jurisdiction. zen by the United States Government, further increases the cost of sponsoring Under current law, Americans who some of those victims who are success- terrorism, and goes after the sources of have been victimized by state-sub- ful in a court of law may not and in- funding for these organizations and sidized terrorism and are eligible to en- deed are not recovering those assets. cells. force court judgments against the as- It is a little ironic that American Madam Speaker, tragically and re- sets of a terrorist state have had to citizens can sue their neighbor for a grettably, I lost a lot of friends and a wait for Congress to act before they mild act, obtain a judgment and re- lot of neighbors; and America lost a lot could collect their awarded funds. cover, and yet we cannot sue a ter- of friends and a lot of neighbors and Some victims have gotten com- rorist organization that killed people, brothers and sisters, more than 200 peo- pensated. However, most have not. and in this case thousands, and not re- ple from Staten Island and almost an- Under the Fossella-Cannon language cover unless the Federal Government other 100 from the Brooklyn portion of in section 15(e) of the Terrorism Risk on a petition or a case-by-case basis de- my district. Those families right now Protection Act passed by the House, termines that those successful plain- are suffering the shock of it, the shock American victims of international ter- tiffs should recover. This motion to in- of losing a father or a mother or a sis- rorism will have equal access to the struct will attempt to right that ter or brother or uncle or aunt, and to- courts and to blocked assets of terror- wrong. morrow marks the anniversary. ists, terrorist organizations, and state Under current law, Americans who The notion that while brave men and sponsors of terror as a small but impor- have been victimized by terrorist and women are fighting the war overseas in tant token of justice. state-subsidized terrorism and are eli- seeking out these terrorists and those This language imposes immediate fi- gible to enforce court judgments who help them and harbor them and financial costs on the states that spon- against the assets of a terrorist state nance them because they are thinking sor terrorism. Freezing assets for 20 have had to wait until Congress acts of doing it again, the notion that this years and then giving them back to the before they can receive their awarded government, our government, could terrorist states does not impose such funds. Some victims have gotten com- prevent my neighbors and friends one costs. At present, terrorism is a cheap pensated, and many have not. As I day, if successful in a court of law in way to pursue war against Americans. mentioned today, thousands of Ameri- obtaining judgment, to be unable to re- Unless the U.S. finds ways to make it more costly, terrorists and states cans and their families are considering cover assets of a terrorist organization which sponsor terrorism have less eco- and have joined the class action law- or a state that sponsors terrorism to nomic incentive to stop. By imposing a suit aimed at recovering and under- me is the most unjust thing in this Na- direct and immediate cost, this lan- mining the ability of these groups to tion. guage represents one effective financial perpetuate their acts of evil. Madam Speaker, I urge all Members tool against terrorists and also helps American victims of international to support this motion to instruct, to terrorism will all have equal access to their victims. be compatible with the other body and After the Senate pulled the language the courts and to block assets of ter- bring justice to these families, these from their version of the Terrorism rorists, terrorist organizations, and victims of terrorism. Risk Protection Act, the gentleman state sponsors of terror as a small but Madam Speaker, I reserve the bal- from New York (Mr. FOSSELLA) and I important token of justice. We impose ance of my time. introduced a stand-alone bill to ensure Mr. WATT of North Carolina. Madam immediate financial costs on terrorists a solution to this problem. However, and states that sponsor terrorism, Speaker, I yield myself such time as I language identical to the bill intro- freezing assets for 20 years or 25 years may consume. duced by the gentleman from New or 30 years or even 5 years, and then Madam Speaker, I applaud the gen- York (Mr. FOSSELLA) and me was added giving them back to the terrorist state tleman from New York (Mr. FOSSELLA) to the Senate bill on the floor by a vote does not impose such costs, and that for bringing this motion to instruct of 81–3. With this provision now in- seems to be the policy today, dangling forward and pursuing a very good idea. cluded in both the Senate and the this carrot before these evildoers as if I see that the gentleman has a number House version of the Terrorism Risk they are going to stop their evil ways. of speakers, so I am going to reserve Protection Act, there is no reason why At present, terrorism is a cheap way my comments until some of his speak- we should not be able to preserve the to pursue war against Americans. Un- ers can proceed. express will of both houses in con- less America finds ways to make it Madam Speaker, I reserve the bal- ference by maintaining this language. more costly, terrorists and those states ance of my time. Madam Speaker, there are many peo- that sponsor terrorism have no eco- Mr. FOSSELLA. Madam Speaker, I ple who would benefit from this, and nomic incentive to stop. By imposing a yield 5 minutes to the gentleman from with recent attacks on the World Trade direct and immediate cost, this provi- Utah (Mr. CANNON), a man who de- Center, there are many from the dis- sion represents one effective financial serves much, if not all, of the credit for trict of the gentleman from New York tool, one of many, against terrorists bringing this to the floor today. (Mr. FOSSELLA) which this legislation and those who help them, and this will Mr. CANNON. Madam Speaker, I would directly affect. seek to help the victims. thank the gentleman from New York Finally, terrorist-sponsored states (Mr. FOSSELLA) for moving this issue b 1030 will no longer be able to use their dip- today and giving me an opportunity to Others affected by it include people lomatic and intelligence agencies to speak. like Terry Anderson and other former support terrorists with financial impu- Madam Speaker, I rise in support of hostages held by Hezbollah who suc- nity. In other words, hiding behind this the motion to instruct conferees on cessfully sued and won judgments veil of diplomatic or intelligence im- H.R. 3210, the Terrorism Risk Protec- against Iran but have not been able to munity, something that is too often tion Act, which provides for continued collect from the seized assets. The pro- abused and flies in the face of justice. availability of insurance against ter- vision in this bill today will allow ac- Terrorism-sponsoring states use rorism risks and addresses multiple in- cess to the frozen assets of terrorists, those wholly owned and controlled surance and liability issues arising terrorist organizations and terrorist- agencies and instrumentalities to from the September 11 attacks. sponsored states, and American vic- raise, to launder, and to distribute The Senate passed a similar version tims of international terrorism who ob- funds to terrorist cells, sometimes even overwhelmingly supported by the tain judgments against those terror- in the United States of America. Iron- House, and this motion will allow the ists. ically, these agencies and instrumen- House to show its support for the issue I would like to once again thank the talities can claim foreign sovereign im- with a vote to instruct conferees. I gentleman from Ohio (Chairman

VerDate Sep 04 2002 01:47 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.012 H10PT1 September 10, 2002 CONGRESSIONAL RECORD — HOUSE H6135 OXLEY); the gentleman from Wisconsin Committee on Financial Services, one seize all their assets. We take the car (Chairman SENSENBRENNER); my col- who has been leading this effort, both from which the material was hauled; league and friend, the gentleman from before and after September 11, in we take anything we can find related New York (Mr. FOSSELLA); and my col- tracking down the assets of terrorists to that activity. league and friend, the gentleman from and states that sponsor terrorism. How more appropriate when some North Carolina (Mr. WATT), for their (Mr. OXLEY asked and was given state-sponsored activity takes the life efforts on this issue. permission to revise and extend his re- of or tortures innocent individuals for I urge my colleagues to support the marks.) no apparent reason, that we should go motion to instruct conferees. Allowing Mr. OXLEY. Madam Speaker, let me after not only those who commit the victims to go directly after the frozen first recognize the gentleman from New acts of terror, those who engage in it, assets of terrorists and their sponsors York (Mr. FOSSELLA) and the gen- but their assets as well? will help us to allow our Nation and tleman from North Carolina (Mr. The United States Government has economy to go forward. WATT) for their leadership on this very, seized millions of dollars of assets that Mr. FOSSELLA. Madam Speaker, very important issue. could be made available to the victims again I would like to thank the gen- The whole concept of taking terrorist of these heinous acts, but the Congress tleman from Utah for his leadership. assets that have been seized and com- must act. Madam Speaker, I yield 2 minutes to pensating victims seems so elemental So I commend these individuals for the gentleman from New York (Mr. to our system of justice that it has taking the leadership in bringing forth GRUCCI). clearly been one that has been incor- this motion to instruct, which will, in Mr. GRUCCI. Madam Speaker, I porated in this legislation, both in the some small way, bring relief to those thank my colleagues, the gentleman House and in the Senate; and I would who have been gravely harmed, and, from New York (Mr. FOSSELLA) and the say without the leadership of these two more importantly, send a very strong gentleman from North Carolina (Mr. gentlemen, we would not be here today. message to those who engage in acts of WATT), for their leadership on this. I As we know, the House passed our terror: when you engage in these acts, would like to thank our chairman, the version of the terrorism insurance leg- there will be a very high price to pay. gentleman from Ohio (Mr. OXLEY), for islation back last year. The Senate fi- Money is not enough. We need more. his guidance and leadership on the nally moved in June. We just appointed Mr. WATT of North Carolina. Madam Committee on Financial Services for conferees right before the August re- Speaker, I yield myself such time as I bringing many pieces of legislation to cess. We are ready to go to work on may consume. reality that will help us to not only this side. Madam Speaker, I want to express track the assets, to track the money of I will say I have had some discussions my thanks again to the gentleman terrorists, but now, with this piece of with participants from the other body. from New York (Mr. FOSSELLA), to the legislation, hopefully we will be able to They seem ready and prepared to move gentleman from New York (Mr. access that for the victims. forward. There is no reason why we GRUCCI), to the chairman of the Com- Madam Speaker, I rise today in cannot get this legislation, this con- mittee on Financial Services, the gen- strong support of H.R. 3210, in an at- ference committee work, completed tleman from Ohio (Mr. OXLEY), the tempt to locate the assets, to seize the and on the President’s desk as quickly gentleman from Louisiana (Mr. assets, and to deliver them back to the as possible, I would hope certainly by BAKER), and to the gentleman from victims of terrorists, terrorist nations, the end of September. That is not an Utah (Mr. CANNON), all of whom have et cetera. unrealistic possibility. viewed this issue as being important Tomorrow we will stand around and I just saw a study the other day that enough to come and support this mo- we will be in solemn prayer in some the amount of construction sites that tion to instruct conferees. places, we will be at services at other are standing idle and the amount of I am personally not a big proponent places, and remember the tragic at- money in those construction sites now of motions to instruct conferees, be- tacks on America of almost a year ago. is over $10.5 billion. That is an awful cause our experience has shown that Many of us have borne the pain of see- lot of jobs that we are losing as a re- when we instruct the conferees, they ing families torn apart by this terrible, sult of this. Somebody once predicted seldom pay much attention to what we terrible tragedy. I myself have had without terrorism insurance we could are instructing them to do anyway. over 70 families in my district torn have a loss of 1 percent of our Gross They kind of have minds of their own. apart. Two of them I knew personally. Domestic Product off the growth num- But this seems to me to be one of those It is a terrible ordeal for the families, bers. That is an awful lot of jobs, an situations where there is a growing not only to lose the ones they love, but awful lot of economic activity. sense of unanimity that this is a good then to face the uncertainty of what is So, Madam Speaker, let us dedicate idea; and I want to thank my friend, going to happen to them economically. ourselves today to first passing this ex- the gentleman from New York (Mr. Their financial needs have all been cellent motion to instruct conferees. I FOSSELLA), for picking up the idea and torn apart. Their communities are want to assure both gentlemen that my running with it. reaching out to them, but they still do main task over the next few weeks will Let me kind of trace the history of not have the strength of knowing what be to bring this conference report to how we got here so that my colleagues they have to go forward with. the floor of the House and get it signed will understand it. There have been Hopefully, if we can get this legisla- by the President. several kinds of odd references to me as tion moving forward, if we can move Mr. FOSSELLA. Madam Speaker, I one of the moving forces in this. My this piece of legislation forward, hope- yield 1 minute to the gentleman from colleagues should know that this was fully we can bring some peace to their Louisiana (Mr. BAKER), who again has an idea that I originated in a very minds, knowing that they will have ac- been at the forefront and working crude amendment which I offered to cess to not only the love and the com- closely with all of us to bring the ter- the terrorism bill when it was being passion that has been contributed from rorists to their heels. considered a year or so ago in the Com- Americans, but also they will be able Mr. BAKER. Madam Speaker, I mittee on Financial Services. to punish the terrorists even more by thank the gentleman for yielding me I had two objectives in offering the seizing their assets, seizing their time and wish to express my apprecia- crudely drawn, quickly drawn amend- money, which in turn will slow down tion to both the gentleman from New ment to that bill. One of those was the their operations. York and the gentleman from Ohio obvious kind of frustration and feeling Madam Speaker, I could not be more (Chairman OXLEY) for their leadership of helplessness that all of us had in the in support of this legislation. Once on this important issue. aftermath of the events of September again, I thank my colleagues for their Madam Speaker, in this country 11 and the feeling that, as the gen- leadership on this. when we find someone engaged in the tleman from Ohio (Chairman OXLEY) Mr. FOSSELLA. Madam Speaker, I sale of drugs to minors, we think it is said, this was a pretty elementary no- yield 2 minutes to the gentleman from such a terrible offense that we not only tion, that if the Federal Government Ohio (Mr. OXLEY), chairman of the give them jail time when convicted, we was going to freeze assets of terrorists

VerDate Sep 04 2002 01:47 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.014 H10PT1 H6136 CONGRESSIONAL RECORD — HOUSE September 10, 2002 and terrorist groups, that it should not bill was considered in the Senate, the mitment to the victim of terrorist acts necessarily be the Federal Government Senators put the language in the bill and show our resolve to punish those that benefited from freezing those as- which was much better than I had in- states and organizations that sponsor sets, but that those assets ultimately troduced in the Committee on Finan- terrorism. This language holds terror- should be available to the individuals cial Services and much better even ists accountable for their crimes whose lives had been taken, the fami- than the free-standing bill that the against Americans. It is a great idea. I lies of those individuals and the indi- gentleman from New York (Mr. applaud the gentleman from New York viduals who had been injured by acts of FOSSELLA) and the gentleman from and all of the people who picked it up terrorism. Utah (Mr. CANNON) introduced, which is and ran with it. So the first reason that I had was why we are here with the motion to in- Madam Speaker, I yield back the bal- just a sense of frustration and wanting struct conferees, to leave the provision ance of my time. to do something in response to the acts in the bill. Mr. FOSSELLA. Madam Speaker, I of September 11 and to other acts of yield myself such time as I may con- b 1045 terrorism. sume. The second rationale I had, really I That is how we got here. This is a At the outset, let me really thank have to reveal to my colleagues in hon- great idea. Not because I started with the gentleman from North Carolina esty, was kind of to make a point, be- the idea but just because of what the (Mr. WATT). We really would not be cause when we were debating the ter- gentleman from Ohio (Mr. OXLEY) said, here but for his efforts, his ideas, his rorism reinsurance bill, one of the the chairman of the Committee on Fi- support, and his leadership. And the issues that came up in the committee nancial Services, this is so elemental. victims of terrorism owe thanks to the was whether we would do some kind of Why would we freeze the assets of a gentleman from North Carolina as well tort reform in the context of the ter- terrorist group, a terrorist country, as the gentleman from Wisconsin (Mr. rorism reinsurance bill. terrorist, and not make those assets SENSENBRENNER), the gentleman from I was frustrated by the notion that available to satisfy a judgment that an Ohio (Mr. OXLEY), the gentleman from my colleagues would take a terrorism individual who has been injured or the Louisiana (Mr. BAKER), the gentleman reinsurance bill and inject a highly po- family of an individual who has been from New York (Mr. GRUCCI), and the litical issue of tort reform in that bill, killed in a terrorist attack, why would gentleman from Utah (Mr. CANNON), and I wanted to try to demonstrate to we freeze the assets if we were not who really brought us here today. my colleagues how unreasonable I doing it for this honorable purpose? And underscore what we have all thought this whole concept of tort re- So I just think this is something said, and I am not going to repeat it, form was. I thought the best way to do whose time has come. I do not think it but every day and especially tomorrow, that was to point out to them that if is going to be controversial. The U.S. September 11, 2002, we honor the heroes they did tort reform, they would be Treasury has blocked over $3 billion and the victims who perished last year, capping as part of that tort reform the from organizations or countries des- our fellow American citizens, those recoveries that individual citizens ignated as terrorists or state sponsors who just want an ordinary way of life, could obtain for acts of terrorism. of terrorism. Blocking this money may a peaceful life, who sought to raise a I could not imagine that my col- cripple these organizations and these family in this great Nation, who leagues would want to put an arbitrary terrorist states, but it does little to as- sought to do a job and do it right, and cap of $250,000 in punitive damages, or sist the victims of their terrorist acts those valiant heroes from EMS and the any kind of arbitrary cap, on the recov- unless we put this provision in the bill. police department and the port author- ery by the family of a constituent of The bill allows Americans who have ity and especially the firefighters, 78 of mine who had been killed in the vio- suffered as a result of terrorist acts to whom were from Staten Island alone, lence on the U.S.S. Cole. My con- receive compensation from these and names like Egan and Olsen and stituent, Lakeina Francis, who had blocked assets. Compensating victims Curatola and Esposito and Siller and lost her life, her family was there in will not end terrorism as we know it, Leahy and Doyle, and tragically thou- North Carolina, and my colleagues but it does raise the price, and it sends sands of others. They are names, yes, were playing politics with this bill. I a message to terrorist organizations but they are families. They have left thought that one of the ways I could il- and the states that sponsor them, we behind children, they have left behind lustrate to them that what they were will not stand for the murder of inno- wives, husbands, parents, and grand- doing was unreasonable was to offer cent Americans. Those who target parents, and what they were seeking is this amendment in the context of that Americans will be punished and not all what I think we are all about, the terrorism reinsurance bill, and I did. only will you be punished criminally, right to live in freedom with liberty Of course, as I thought, it did put my you will be punished financially as a and in peace, and that was robbed from colleagues who were supporting tort re- result of this language. Using terror- them. That was robbed from them. It form in a pretty tough position. They ists’ assets to compensate victims pun- was robbed from their families. And, finally started to understand that ishes terrorists and deters future acts yes, we are a stronger and better coun- these arbitrary caps that they were of violence, hopefully; maybe, may not, try, and we are fortunate to have brave talking about in this bill did not make but whether it does or does not, we men and women to wear the uniform to sense when somebody gets blown up, or want them to pay for what they have go get those people, wherever they may when somebody gets injured by ex- done. Terrorist states and organiza- be across the globe, with the com- treme negligence of another party. My tions should not go unpunished for mander in chief, President Bush, lead- colleagues thought this was a good murdering innocent Americans. ing the way. idea, and they adopted this amendment Just this past summer, five Ameri- But at the same time, I think it is in the terrorism reinsurance bill. They cans were murdered in the cafeteria at unbelievable that these families down adopted my amendment to the bill. Hebrew University, and the organiza- the road, in the event that they will Well, I conceded at the outset that tion that claims responsibility for that obtain a judgment, would have to come this was a crude effort, an effort that has funds blocked by the U.S. Treas- back to Congress or to their own gov- started to build steam right there in ury. Those people ought to have access ernment to petition against a terrorist the committee. After the committee to those funds and be able to get to organization or a state that sponsors markup and the passage of the House them. terrorism to recover some of those as- terrorism reinsurance bill, I am happy The gentleman from New York’s bill sets. to say that the gentleman from New is fair. It gives all American victims of We should not be here next year or 10 York (Mr. FOSSELLA) and the gen- terrorism an opportunity to receive years from now debating this. We tleman from Utah (Mr. CANNON) picked compensation from terrorist assets, should end the subject right now, put it up on this idea and introduced a free- and I urge my colleagues to retain this to a close, and bring justice to those standing bill that was much, much bet- important provision in the final victims who suffer today and will be ter than the crude language that I had version of the terrorism insurance bill. suffering for a long time. But at least offered in the committee; and when the By doing so, we demonstrate our com- this Congress is speaking with one

VerDate Sep 04 2002 01:47 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.016 H10PT1 September 10, 2002 CONGRESSIONAL RECORD — HOUSE H6137 voice and saying that we are going to The Clerk read as follows: APPOINTMENT OF CONFEREES ON right that wrong and provide equity for Mr. OLVER moves that the managers on the H.R. 5010, DEPARTMENT OF DE- all. part of the House on the conference of the FENSE APPROPRIATIONS ACT, Mr. SHAYS. Madam Speaker, I rise in disagreeing votes of the two Houses on the 2003 strong support of the motion offered by the bill, H.R. 5011, be instructed to insist on the Mr. LEWIS of California. Madam higher of House or Senate funding levels, gentleman from New York and the gentlemen Speaker, I ask unanimous consent to from North Carolina. with regard to funding for planning, design, take from the Speaker’s table the bill Now and then, a proposal comes before construction, alterations and improvements Congress that makes such good sense, it’s a of military facilities; including environ- (H.R. 5010) making appropriations for wonder no one though of it sooner. We have mental remediation, barracks, hospitals, the Department of Defense for the fis- just such a proposal before us today. childcare facilities, and family housing. cal year ending September 30, 2003, and Under Section 11 of the Terrorism Risk In- The SPEAKER pro tempore. Under for other purposes, with a Senate surance Act, Americans who are victims of rule XXII, the gentleman from Massa- amendment thereto, disagree to the cowardly terrorist acts will get the justice they chusetts (Mr. OLVER) and the gen- Senate amendment, and agree to the deserve—not just an IOU. tleman from Ohio (Mr. HOBSON) each conference asked by the Senate. Allowing victims to enforce judgments will control 30 minutes. MOTION TO INSTRUCT OFFERED BY MR. OLVER against terrorists and state sponsors of ter- The Chair recognizes the gentleman Mr. OLVER. Madam Speaker, I offer rorism will serve two vital purposes. First, it from Massachusetts (Mr. OLVER). a motion to instruct. will compensate the victims of terrorism and Mr. OLVER. Madam Speaker, I yield The Clerk read as follows: their families. These brave men and women myself such time as I may consume. Mr. OLVER moves that the managers on the have suffered unimaginable losses, and they Madam Speaker, this is a straight- part of the House on the conference on the shouldn’t have to worry about whether the disagreeing votes of the two Houses on the State Department will release frozen terrorist forward motion that all Members will bill, H.R. 5010, be instructed to insist on the assets in the event they prevail in a lawsuit be able to support. It instructs the higher funding levels permitted within the and be awarded funds. House conferees to work toward the scope of conference with regard to chemical Second, this provision will cut financing for highest funding levels possible. and biological defense programs, projects, terrorism off at the knees. The assets of ter- Madam Speaker, as the ranking and activities. rorist states shouldn’t simply be frozen—they member for this subcommittee, I have The SPEAKER pro tempore. Pursu- should be seized. That’s what we’re doing visited many military installations ant to rule XXII, the gentleman from here today. with the chairman, the gentleman from Massachusetts (Mr. OLVER) and the Madam Speaker, I would like to thank Ohio (Mr. HOBSON), installations which gentleman from California (Mr. LEWIS) Chairman MIKE OXLEY for his commitment to are both on shore and offshore. each will control 30 minutes. this legislation, and urge all of my colleagues We both agree that there is a tremen- The Chair recognizes the gentleman to vote for this common-sense motion to in- dous backlog in providing decent hous- from Massachusetts (Mr. OLVER). struct. ing, modern workplaces, and critical Mr. OLVER. Madam Speaker, I yield Mr. FOSELLA. Madam Speaker, I security for our service men and myself such time as I may consume. yield back the balance of my time. women and their families. The needs Madam Speaker, I offer this motion The SPEAKER pro tempore (Mrs. are well beyond the funding available on behalf of the ranking subcommittee BIGGERT). Without objection, the pre- in either the House or the Senate bill, member, the gentleman from Pennsyl- vious question is ordered on the mo- but I strongly believe we need to get vania (Mr. MURTHA), who has been de- tion. every cent available for military contained. There was no objection. Madam Speaker, it has become obvi- The SPEAKER pro tempore. The struction to the Department of De- fense. ous to all that chemical and biological question is on the motion to instruct warfare is a clear and present danger to offered by the gentleman from New I urge Members to support this mo- our country. York (Mr. FOSSELLA). tion to instruct. The question was taken; and the Madam Speaker, I reserve the bal- b 1100 Speaker pro tempore announced that ance of my time. The two gentlemen who lead the Sub- the ayes appeared to have it. Mr. HOBSON. Madam Speaker, I committee on Defense of the Com- Mr. FOSSELLA. Madam Speaker, on yield myself such time as I may con- mittee on Appropriations, the gen- that I demand the yeas and nays. sume. tleman from California (Mr. LEWIS) and The yeas and nays were ordered. Madam Speaker, we are willing to ac- the gentleman from Pennsylvania (Mr. The SPEAKER pro tempore. Pursu- cept the gentleman’s motion. ant to clause 8 of rule XX, further pro- MURTHA), have recognized this fact for ceedings on this question will be post- Mr. OLVER. Madam Speaker, I yield many years and have steadfastly poned. back the balance of my time. worked to increase the funding for the Mr. HOBSON. Madam Speaker, I variety of promising technologies in f yield back the balance of my time. development to protect us from these APPOINTMENT OF CONFEREES ON The SPEAKER pro tempore. Without weapons of mass destruction. We want, H.R. 5011, MILITARY CONSTRUC- objection, the previous question is or- through this motion, to continue this. TION APPROPRIATIONS ACT, 2003 dered on the motion. Madam Speaker, I reserve the bal- Mr. HOBSON. Madam Speaker, I ask There was no objection. ance of my time. Mr. LEWIS of California. Madam unanimous consent to take from the The SPEAKER pro tempore. The Speaker, I yield myself such time as I Speaker’s table the bill (H.R. 5011) question is on the motion to instruct may consume. making appropriations for military offered by the gentleman from Massa- Madam Speaker, I am prepared to ac- construction, family housing, and base chusetts (Mr. OLVER). cept the gentleman’s motion. realignment and closure for the De- The motion to instruct was agreed partment of Defense for the fiscal year Madam Speaker, I yield back the bal- to. ending September 30, 2003, and for ance of my time. other purposes, with a Senate amend- A motion to reconsider was laid on Mr. OLVER. Madam Speaker, I yield ment thereto, disagree to the Senate the table. back the balance of my time. amendment, and agree to the con- The SPEAKER pro tempore. Without The SPEAKER pro tempore (Mrs. ference asked by the Senate. objection, the Chair appoints the fol- BIGGERT). Without objection, the pre- The SPEAKER pro tempore. Is there lowing conferees: Messrs. HOBSON, vious question is ordered on the mo- objection to the request of the gen- WALSH, DAN MILLER of Florida, and tion. tleman from Ohio? ADERHOLT, Mrs. GRANGER, Messrs. There was no objection. There was no objection. GOODE, SKEEN, VITTER, YOUNG of Flor- The SPEAKER pro tempore. The MOTION TO INSTRUCT OFFERED BY MR. OLVER ida, OLVER, EDWARDS, FARR of Cali- question is on the motion to instruct Mr. OLVER. Madam Speaker, I offer fornia, BOYD, DICKS, and OBEY. offered by the gentleman from Massa- a motion to instruct. There was no objection. chusetts (Mr. OLVER).

VerDate Sep 04 2002 01:05 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.017 H10PT1 H6138 CONGRESSIONAL RECORD — HOUSE September 10, 2002 The motion to instruct was agreed Dunn Kirk Reyes Hastings (WA) Miller, George Sanders to. Edwards Knollenberg Reynolds Herger Miller, Jeff Schaffer Ehlers Kolbe Rivers Hilleary Mink Serrano A motion to reconsider was laid on Emerson Kucinich Rodriguez Hoyer Moran (VA) Souder the table. Engel LaFalce Roemer Istook Morella Stump The SPEAKER pro tempore. Without English LaHood Rogers (KY) Jackson-Lee Murtha Sununu (TX) Napolitano objection, the Chair appoints the fol- Eshoo Lampson Rogers (MI) Sweeney Etheridge Langevin Rohrabacher Kaptur Neal Taylor (NC) Kennedy (RI) Nethercutt lowing conferees: Evans Lantos Ross Towns Everett Larsen (WA) Rothman King (NY) Owens Messrs. LEWIS of California, YOUNG of Velazquez Farr Larson (CT) Roybal-Allard Kleczka Platts Florida, SKEEN, HOBSON, BONILLA, Walsh Ferguson Latham Royce LaTourette Pryce (OH) Waters NETHERCUTT, CUNNINGHAM, FRELING- Filner Leach Ryan (WI) Linder Rahall HUYSEN, TIAHRT, MURTHA, DICKS, SABO, Flake Lee Ryun (KS) Lynch Riley Weiner Weller VISCLOSKY, MORAN of Virginia and Fletcher Levin Sabo Maloney (NY) Ros-Lehtinen Foley Lewis (CA) Sanchez Mascara Roukema Wynn OBEY. Forbes Lewis (GA) Sandlin Meeks (NY) Rush Young (AK) There was no objection. Ford Lewis (KY) Sawyer Fossella Lipinski Saxton b 1128 f Frank LoBiondo Schakowsky Frelinghuysen Lofgren Schiff So the motion was agreed to. MOTION TO CLOSE CONFERENCE Frost Lowey Schrock The result of the vote was announced COMMITTEE MEETINGS ON H.R. Gallegly Lucas (KY) Scott as above recorded. 5010, DEPARTMENT OF DEFENSE Ganske Lucas (OK) Sensenbrenner A motion to reconsider was laid on Gekas Luther Sessions APPROPRIATIONS ACT, 2003, Gephardt Maloney (CT) Shadegg the table. WHEN CLASSIFIED NATIONAL Gibbons Manzullo Shaw Stated for: SECURITY INFORMATION IS Gillmor Markey Shays Mrs. NAPOLITANO. Mr. Speaker, on rollcall Gilman Matheson Sherman UNDER CONSIDERATION Gonzalez Matsui Sherwood No. 378 had I been present, I would have Mr. LEWIS of California. Madam Goode McCarthy (MO) Shimkus voted ‘‘yea.’’ Goodlatte McCarthy (NY) Shows Speaker, I offer a motion. Gordon McCollum Shuster f The SPEAKER pro tempore. The Goss McCrery Simmons ANNOUNCEMENT BY THE SPEAKER Clerk will report the motion. Graham McDermott Simpson PRO TEMPORE The Clerk read as follows: Granger McGovern Skeen Graves McHugh Skelton Mr. LEWIS of California moves, pursuant Green (TX) McInnis Slaughter The SPEAKER pro tempore (Mrs. to clause 12 of rule XXII, that meetings of Green (WI) McIntyre Smith (MI) BIGGERT). Pursuant to clause 8 of rule the conference between the House and the Greenwood McKeon Smith (NJ) XX and the Chair’s prior announce- Senate on H.R. 5010 be closed to the public at Grucci McKinney Smith (TX) ment, the Chair will now put each such times as classified national security in- Gutierrez McNulty Smith (WA) Gutknecht Meehan Snyder question on which further proceedings formation may be broached, providing that Hall (TX) Meek (FL) Solis were postponed earlier today in the fol- any sitting Member of Congress shall be en- Hansen Menendez Spratt lowing order: titled to attend any meeting of the con- Harman Mica Stark ference. Hart Millender- Stearns On instructing conferees on H.R. 3210, the yeas and nays; and on approving The SPEAKER pro tempore. The Hastings (FL) McDonald Stenholm Hayes Miller, Dan Strickland the Journal, de novo. question is on the motion offered by Hayworth Miller, Gary Stupak The Chair will reduce to 5 minutes the gentleman from California (Mr. Hefley Mollohan Sullivan Hill Moore Tancredo the time for any electronic votes. LEWIS). Hilliard Moran (KS) Tanner f On this motion, the vote must be Hinchey Myrick Tauscher taken by the yeas and nays. Hinojosa Nadler Tauzin MOTION TO INSTRUCT CONFEREES Pursuant to clause 8 of rule XX, this Hobson Ney Taylor (MS) Hoeffel Northup Terry ON H.R. 3210, TERRORISM RISK vote on the motion to authorize closed Hoekstra Norwood Thomas PROTECTION ACT meetings of the conference will be fol- Holden Nussle Thompson (CA) lowed by two possible 5-minute votes Holt Oberstar Thompson (MS) The SPEAKER pro tempore. The on questions postponed earlier today. Honda Obey Thornberry pending business is the question of Hooley Olver Thune agreeing to the motion to instruct on The vote was taken by electronic de- Horn Ortiz Thurman vice, and there were—yeas 365, nays 0, Hostettler Osborne Tiahrt the bill, H.R. 3210, offered by the gen- not voting 67, as follows: Houghton Ose Tiberi tleman from New York (Mr. FOSSELLA) Hulshof Otter Tierney on which further proceedings were [Roll No. 378] Hunter Oxley Toomey postponed earlier today. YEAS—365 Hyde Pallone Turner Inslee Pascrell Udall (CO) The Clerk will designate the motion. Abercrombie Bonior Cooksey Isakson Pastor Udall (NM) The Clerk designated the motion. Ackerman Bono Costello Israel Paul Upton The SPEAKER pro tempore. The Aderholt Boozman Cox Issa Payne Visclosky Akin Boswell Coyne Jackson (IL) Pelosi Vitter question is on the motion to instruct Allen Boucher Cramer Jefferson Pence Walden offered by the gentleman from New Andrews Boyd Crane Jenkins Peterson (MN) Wamp Armey Brady (PA) Crenshaw York (Mr. FOSSELLA) on which the yeas John Peterson (PA) Watkins (OK) and nays are ordered. Baca Brady (TX) Cubin Johnson (CT) Petri Watson (CA) Bachus Brown (OH) Culberson Johnson (IL) Phelps Watt (NC) This will be a 5-minute vote. Baird Brown (SC) Cummings Johnson, E. B. Pickering Watts (OK) The vote was taken by electronic de- Baker Burr Cunningham Johnson, Sam Pitts Waxman vice, and there were—yeas 373, nays 0, Baldacci Burton Davis (CA) Jones (NC) Pombo Weldon (FL) Baldwin Buyer Davis (FL) Jones (OH) Pomeroy Weldon (PA) not voting 59, as follows: Ballenger Calvert Davis (IL) Kanjorski Portman Wexler [Roll No. 379] Barcia Camp Davis, Jo Ann Keller Price (NC) Whitfield YEAS—373 Barr Cannon Davis, Tom Kelly Putnam Wicker Bass Cantor Deal Kennedy (MN) Quinn Wilson (NM) Abercrombie Barcia Blumenauer Becerra Capito DeFazio Kerns Radanovich Wilson (SC) Ackerman Barr Blunt Bentsen Capps DeGette Kildee Ramstad Wolf Aderholt Barton Boehner Bereuter Capuano DeLauro Kilpatrick Rangel Woolsey Akin Bass Bonilla Berkley Carson (IN) DeLay Kind (WI) Regula Wu Allen Becerra Bonior Berman Carson (OK) DeMint Kingston Rehberg Young (FL) Andrews Bentsen Bono Berry Castle Deutsch Armey Bereuter Boozman Biggert Chabot Dicks NOT VOTING—67 Baca Berkley Boswell Bilirakis Chambliss Dingell Bachus Berman Boucher Bishop Clay Doggett Barrett Bryant Crowley Baird Berry Boyd Blagojevich Clayton Dooley Bartlett Callahan Delahunt Baker Biggert Brady (PA) Blumenauer Clyburn Doolittle Barton Cardin Diaz-Balart Baldacci Bilirakis Brady (TX) Blunt Coble Doyle Boehlert Clement Ehrlich Baldwin Bishop Brown (OH) Boehner Combest Dreier Borski Collins Fattah Ballenger Blagojevich Brown (SC) Bonilla Conyers Duncan Brown (FL) Condit Gilchrest

VerDate Sep 04 2002 01:05 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.021 H10PT1 September 10, 2002 CONGRESSIONAL RECORD — HOUSE H6139 Burr Hart Moran (VA) Terry Udall (CO) Weldon (FL) Brown (OH) Hinojosa Pallone Burton Hastings (FL) Murtha Thomas Udall (NM) Weldon (PA) Brown (SC) Hobson Pascrell Buyer Hayes Myrick Thompson (CA) Upton Wexler Burr Hoeffel Pastor Calvert Hayworth Nadler Thompson (MS) Visclosky Whitfield Burton Hoekstra Paul Camp Hefley Neal Thornberry Vitter Wicker Buyer Holden Payne Cannon Hill Ney Thune Walden Wilson (NM) Calvert Holt Pelosi Cantor Hilliard Northup Thurman Wamp Wilson (SC) Camp Honda Pence Capito Hinchey Norwood Tiahrt Watkins (OK) Wolf Cannon Hooley Peterson (PA) Tiberi Watson (CA) Capps Hinojosa Nussle Woolsey Cantor Horn Petri Tierney Watt (NC) Capuano Hobson Oberstar Wu Capito Hostettler Phelps Carson (IN) Hoeffel Obey Toomey Watts (OK) Houghton Pickering Young (FL) Capps Carson (OK) Hoekstra Olver Turner Waxman Carson (IN) Hulshof Pitts Castle Holden Ortiz NOT VOTING—59 Carson (OK) Hunter Pombo Chabot Holt Osborne Castle Hyde Pomeroy Chambliss Honda Ose Barrett Istook Pryce (OH) Chabot Inslee Portman Clay Hooley Otter Bartlett Jackson-Lee Riley Chambliss Isakson Price (NC) Clayton Horn Oxley Boehlert (TX) Ros-Lehtinen Clay Israel Putnam Clyburn Hostettler Pallone Borski Kaptur Roukema Clayton Issa Quinn Coble Houghton Pascrell Brown (FL) Kennedy (RI) Sanders Clyburn Jackson (IL) Radanovich Combest Hulshof Pastor Bryant King (NY) Schaffer Coble Jenkins Rahall Condit Hunter Paul Callahan Kleczka Serrano Combest John Rangel Conyers Hyde Payne Cardin LaTourette Souder Conyers Johnson (CT) Regula Cooksey Inslee Pelosi Clement Lynch Stump Cooksey Johnson (IL) Rehberg Costello Isakson Pence Collins Maloney (NY) Sununu Cox Johnson, E. B. Reyes Cox Israel Peterson (MN) Crowley Mascara Sweeney Coyne Johnson, Sam Reynolds Coyne Issa Peterson (PA) Delahunt Meeks (NY) Taylor (NC) Cramer Jones (NC) Rivers Cramer Jackson (IL) Petri Diaz-Balart Miller, George Towns Crenshaw Jones (OH) Rodriguez Crane Jefferson Phelps Ehrlich Miller, Jeff Velazquez Cubin Kanjorski Roemer Crenshaw Jenkins Pickering Fattah Mink Walsh Culberson Keller Rogers (KY) Cubin John Pitts Gilchrest Morella Waters Cummings Kelly Rogers (MI) Culberson Johnson (CT) Pombo Hastings (WA) Napolitano Weiner Cunningham Kerns Rohrabacher Cummings Johnson (IL) Pomeroy Herger Nethercutt Weller Davis (CA) Kildee Ross Cunningham Johnson, E. B. Portman Hilleary Owens Wynn Davis (FL) Kilpatrick Rothman Davis (CA) Johnson, Sam Price (NC) Hoyer Platts Young (AK) Davis (IL) Kind (WI) Roybal-Allard Davis (FL) Jones (NC) Putnam Davis, Jo Ann Kingston Royce Davis (IL) Jones (OH) Quinn b 1137 Davis, Tom Kirk Rush Davis, Jo Ann Kanjorski Radanovich Deal Knollenberg Ryan (WI) Davis, Tom Keller Rahall So the motion was agreed to. DeGette Kolbe Ryun (KS) Deal Kelly Ramstad The result of the vote was announced DeLauro LaFalce Sanchez DeFazio Kennedy (MN) Rangel as above recorded. DeLay LaHood Sandlin DeGette Kerns Regula A motion to reconsider was laid on DeMint Lampson Sawyer DeLauro Kildee Rehberg Deutsch Langevin Saxton DeLay Kilpatrick Reyes the table. Dicks Larson (CT) Schakowsky DeMint Kind (WI) Reynolds Stated for: Dingell Leach Schiff Deutsch Kingston Rivers Mrs. NAPOLITANO. Mr. Speaker, on rollcall Doggett Lee Schrock Dicks Kirk Rodriguez No. 379, had I been present, I would have Dooley Levin Scott Dingell Knollenberg Roemer Doolittle Lewis (CA) Sensenbrenner Doggett Kolbe Rogers (KY) voted ‘‘yea.’’ Doyle Lewis (GA) Sessions Dooley Kucinich Rogers (MI) PERSONAL EXPLANATION Dreier Lewis (KY) Shadegg Doolittle LaFalce Rohrabacher Duncan Linder Shaw Doyle LaHood Ross Mr. HERGER. Mr. Speaker, on rollcall Nos. Dunn Lipinski Shays Dreier Lampson Rothman 378 and 379, I was unavoidably detained. Had Edwards LoBiondo Sherman Duncan Langevin Roybal-Allard I been present, I would have voted ‘‘yea.’’ Ehlers Lofgren Sherwood Dunn Lantos Royce Emerson Lowey Shimkus Edwards Larsen (WA) Rush f Engel Lucas (KY) Shows Ehlers Larson (CT) Ryan (WI) Eshoo Lucas (OK) Shuster Emerson Latham Ryun (KS) THE JOURNAL Etheridge Luther Simmons Engel Leach Sabo Evans Maloney (CT) Simpson English Lee Sanchez The SPEAKER pro tempore. Pursu- Everett Manzullo Skeen Eshoo Levin Sandlin ant to clause 8 of rule XX, the pending Farr Markey Skelton Etheridge Lewis (CA) Sawyer business is the question of agreeing to Ferguson Matheson Slaughter Evans Lewis (GA) Saxton Flake Matsui Smith (MI) Everett Lewis (KY) Schakowsky the Speaker’s approval of the Journal Fletcher McCarthy (NY) Smith (NJ) Farr Linder Schiff of the last day’s proceedings. Foley McCollum Smith (TX) Ferguson Lipinski Schrock The question is on the Speaker’s ap- Forbes McCrery Smith (WA) Filner LoBiondo Scott proval of the Journal. Ford McGovern Snyder Flake Lofgren Sensenbrenner Fossella McHugh Solis Fletcher Lowey Sessions The question was taken; and the Frank McInnis Spratt Foley Lucas (KY) Shadegg Speaker pro tempore announced that Frelinghuysen McIntyre Stark Forbes Lucas (OK) Shaw the ayes appeared to have it. Frost McKeon Stearns Ford Luther Shays Gallegly McKinney Strickland Fossella Maloney (CT) Sherman RECORDED VOTE Ganske McNulty Sullivan Frank Manzullo Sherwood Mr. ROGERS of Michigan. Madam Gekas Meehan Tanner Frelinghuysen Markey Shimkus Speaker, I demand a recorded vote. Gephardt Meek (FL) Tauscher Frost Matheson Shows Gibbons Menendez Tauzin Gallegly Matsui Shuster A recorded vote was ordered. Gilchrest Mica Terry Ganske McCarthy (MO) Simmons The SPEAKER pro tempore. This Gillmor Millender- Thomas Gekas McCarthy (NY) Simpson will be a 5-minute vote. Gilman McDonald Thornberry Gephardt McCollum Skeen Gonzalez Miller, Dan Thune Gibbons McCrery Skelton The vote was taken by electronic de- Goode Miller, Gary Tiahrt Gillmor McDermott Slaughter vice, and there were—ayes 335, noes 35, Goodlatte Mollohan Tiberi Gilman McGovern Smith (MI) answered ‘‘present’’ 1, not voting 61, as Gordon Moran (VA) Tierney Gonzalez McHugh Smith (NJ) follows: Goss Murtha Toomey Goode McInnis Smith (TX) Graham Myrick Turner Goodlatte McIntyre Smith (WA) [Roll No. 380] Granger Nadler Udall (CO) Gordon McKeon Snyder AYES—335 Graves Napolitano Upton Goss McKinney Solis Green (WI) Neal Vitter Graham McNulty Spratt Abercrombie Barcia Blagojevich Greenwood Nethercutt Walden Granger Meehan Stark Ackerman Barton Blumenauer Grucci Ney Wamp Graves Meek (FL) Stearns Aderholt Bass Blunt Gutierrez Northup Watkins (OK) Green (TX) Menendez Stenholm Akin Becerra Boehner Hall (TX) Norwood Watson (CA) Green (WI) Mica Strickland Allen Bentsen Bonilla Hansen Nussle Watt (NC) Greenwood Millender- Stupak Andrews Bereuter Bonior Harman Obey Watts (OK) Grucci McDonald Sullivan Armey Berkley Bono Hastings (FL) Ortiz Waxman Gutierrez Miller, Dan Tancredo Baca Berman Boozman Hayes Osborne Weldon (FL) Gutknecht Miller, Gary Tanner Bachus Berry Boswell Hayworth Ose Weldon (PA) Hall (TX) Mollohan Tauscher Baker Biggert Boucher Herger Otter Wexler Hansen Moore Tauzin Baldacci Bilirakis Boyd Hill Oxley Whitfield Harman Moran (KS) Taylor (MS) Ballenger Bishop Brady (TX)

VerDate Sep 04 2002 01:05 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.008 H10PT1 H6140 CONGRESSIONAL RECORD — HOUSE September 10, 2002 Wicker Wilson (SC) Woolsey 513) recognizing the historical signifi- Madam Speaker, today we bring be- Wilson (NM) Wolf Young (FL) cance and timeliness of the United fore the House H. Res. 513, recognizing NOES—35 States-Ireland Business Summit, as the historical significance and timeli- Baird Hart Peterson (MN) amended. ness of the United States-Ireland Busi- Baldwin Hefley Ramstad The Clerk read as follows: ness Summit which took place last Brady (PA) Hilliard Sabo H. RES. 513 week. Capuano Hinchey Stenholm Condit Kennedy (MN) Stupak Whereas from September 4, 2002, to Sep- This groundbreaking economic Costello Kucinich Taylor (MS) tember 6, 2002, the United States-Ireland forum, strongly supported by the Bush Crane Larsen (WA) Thompson (CA) Business Summit was held at the Ronald administration, brought together more DeFazio Latham Thompson (MS) Reagan Building International Trade Center English Moore than 400 key government officials and Udall (NM) Filner Moran (KS) in Washington D.C.; Visclosky successful CEOs from the United Green (TX) Oberstar Whereas global economic change and the Wu States, Ireland and Northern Ireland to Gutknecht Olver war against international terrorism have challenged industries and governments build upon the strong business rela- ANSWERED ‘‘PRESENT’’—1 throughout the world to look at new ways to tions existing between our nations, and Tancredo resolve conflicts, eliminate barriers, and ex- to foster an even greater economic cli- NOT VOTING—61 pand markets; mate that will enable a just and lasting Whereas the Summit brought together sen- peace to take hold in Northern Ireland. Barr Jackson-Lee Pryce (OH) ior level corporate, government, and aca- Barrett (TX) Riley We know that for so much of its his- demic leaders from across the United States, Bartlett Jefferson Ros-Lehtinen tory Ireland’s economic progress was Ireland, and Northern Ireland for discussions Boehlert Kaptur Roukema tragically inhibited by British eco- Borski Kennedy (RI) Sanders on economic competitiveness and important Brown (FL) King (NY) Schaffer issues that are confronting the sectors of in- nomic rule. In fact, it was pure eco- Bryant Kleczka Serrano formation and communications technology, nomic conditions in Ireland that Callahan Lantos Souder biotechnology, and financial services in the prompted millions of Irish to emigrate LaTourette Stump Cardin United States and European markets; Lynch Sununu to the United States. The Irish who Clement Maloney (NY) Sweeney Whereas the discussions focused on new came to America helped build the in- Collins Mascara Taylor (NC) public and private sector priorities, market Crowley frastructure of our great Nation; they McCarthy (MO) Thurman development and entry, regulatory issues, helped boost our young, industrial Delahunt McDermott Towns and opportunities for joint ventures and eco- Diaz-Balart Meeks (NY) Velazquez nomic growth, generating alliances between economy; and they played historic Ehrlich Miller, George Walsh roles in the growth of our democracy. Fattah businesses with operations in the United Miller, Jeff Waters States, Ireland, and Northern Ireland; Today there are at least 44 million Hastings (WA) Mink Weiner Hilleary Morella Weller Whereas increased economic growth and Americans who trace their ancestry to Hoyer Owens Wynn job creation in Northern Ireland can further Ireland. Irish Americans have leading Istook Platts Young (AK) help promote the peace and shared govern- roles in government, business and aca- ance under the terms of the Good Friday demia. A year ago this week, we again b 1146 Agreement of 1998; witnessed the strengths and unselfish- Mr. KENNEDY of Minnesota changed Whereas President George W. Bush has offered a compelling new vision for peace in ness of many Irish American heroes his vote from ‘‘yea’’ to ‘‘nay.’’ who gave their lives as New York’s So the Journal was approved. Northern Ireland that emphasizes private sector leadership and innovation to restore firemen and policemen at the World The result of the vote was announced economic vitality and cooperation; Trade Center on September 11. as above recorded. Whereas the United States-Ireland Busi- The U.S.-Irish Business Summit, con- f ness Summit was a bold step toward making vened last week here in Washington, the vision of President Bush a reality and PERSONAL EXPLANATION creating new opportunities in the United marked a new chapter in our Nation’s great friendship with the people of Ire- Ms. JACKSON-LEE of Texas. Mr. States, Ireland, and Northern Ireland; and Whereas approximately 44,000,000 citizens land, both north and south. The 3-day Speaker, on rollcall votes 378, 379 and of the United States identify themselves as forum promoted new venues for shared 380, I was unavoidably delayed because having Irish ancestry and the United States prosperity and new business partner- of a malfunction with my paging sys- has a strong and enduring interest in main- ships especially in the areas of finan- tem. taining close ties with the people of Ireland cial services, communications fields Had I been present, I would have and in supporting efforts to ensure peace, and biotech. voted aye on rollcall No. 378; aye on justice, and prosperity in Northern Ireland: Now, therefore, be it Next to human rights, economic rollcall No. 379; and aye on rollcall No. progress in Ireland, especially in the 380. Resolved, That the Congress recognizes the historical significance and timeliness of the north, is crucial to a just and sustain- f United States-Ireland Business Summit held able peace. We know when prosperity in Washington, D.C. from September 4, 2002, abounds, strife and turmoil are often ANNOUNCEMENT BY THE SPEAKER to September 6, 2002. quelled. Increased economic invest- PRO TEMPORE The SPEAKER pro tempore. Pursu- ment in Northern Ireland is especially The SPEAKER pro tempore (Mrs. ant to the rule, the gentleman from important now that we have worked to BIGGERT). Pursuant to clause 8 of rule New Jersey (Mr. SMITH) and the gentle- cement the peace and usher in the new XX, the Chair will postpone further woman from California (Ms. WATSON) human rights protections envisioned proceedings today on motions to sus- each will control 20 minutes. by the Good Friday Agreement. De- pend the rules on which a recorded vote The Chair recognizes the gentleman spite strong support from the govern- or the yeas and nays are ordered, or on from New Jersey (Mr. SMITH). ments in the region, the U.S. Govern- which the vote is objected to under GENERAL LEAVE ment, and most of the people in North- clause 6 of rule XX. Mr. SMITH of New Jersey. Madam ern Ireland itself, much more needs to Any record votes on postponed ques- Speaker, I ask unanimous consent that be done to achieve a full implementa- tions will be taken after debate has all Members may have 5 legislative tion of the Good Friday Agreement. concluded on all motions to suspend days within which to revise and extend The United States has known for the rules. their remarks and include extraneous some time that economic prosperity, so f material on the resolution under con- long as it is complemented by real pro- sideration. tections in human rights, can be a key RECOGNIZING HISTORICAL SIG- The SPEAKER pro tempore. Is there to peace. And we have put our money NIFICANCE AND TIMELINESS OF objection to the request of the gen- where our mouth is over these many UNITED STATES-IRELAND BUSI- tleman from New Jersey? years. Since 1986, the United States has NESS SUMMIT There was no objection. contributed more than $320 million to Mr. SMITH of New Jersey. Mr. Mr. SMITH of New Jersey. Madam the International Fund for Ireland, a Speaker, I move to suspend the rules Speaker, I yield myself such time as I joint British-Irish government program and agree to the resolution (H. Res. may consume. designed to help create jobs. The Fund

VerDate Sep 04 2002 01:47 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.005 H10PT1 September 10, 2002 CONGRESSIONAL RECORD — HOUSE H6141 has had a tremendous impact, espe- I commend the leaders who partici- the least voice in the world are heard. cially in the north and the border com- pated in the summit, and urge my col- Let me thank the ambassador for munities where economic development leagues to support this resolution. bringing forth this resolution. and cross-community cooperation have Madam Speaker, I reserve the bal- Madam Speaker, I am pleased to been needed the most. ance of my time. have the opportunity to have visited The private sector can join and build Mr. SMITH of New Jersey. Madam both Ireland and Northern Ireland on upon our government’s investment in Speaker, I yield such time as he may several occasions. Taking satisfaction peace in Northern Ireland. I am hopeful consume to the gentleman from New that the peace process is moving for- that the U.S.-Ireland Business Summit York (Mr. GILMAN), the chairman ward, I would like to reiterate my sup- will provide added momentum to the emeritus of the Committee on Inter- port for the goals of the U.S.-Ireland success of the International Fund for national Relations. summit, this summit designed to bring Ireland. Added private investment will Mr. GILMAN. Madam Speaker, I rise together senior-level corporate govern- mean that more people have jobs. It in strong support of H. Res. 513, recog- ment and academic leaders for discus- will ensure that more people, regard- nizing the historical significance and sion on economic competitiveness, con- less of their political or religious affili- timeliness of the 3-day U.S.-Ireland sider important issues in the areas of ation, can have access to job creation Business Summit which was held last information and communications tech- and a greater quality of life. week in Washington in which I was nology, biotechnology, and financial Madam Speaker, I note that the man- pleased to participate. services in the United States and Euro- ager’s amendment to this resolution That business summit brought to- pean markets. contains some minor technical and gether business leaders from the Re- The emphasis of the summit on new grammatical changes to reflect that public of Ireland, from Northern Ire- public and private sector opportunities, the U.S.-Irish Business Summit oc- land and the United States to discuss market development, joint ventures, curred last week. I congratulate the the importance and the advancement and economic growth between busi- gentleman from New York (Mr. of our bilateral commercial ties across nesses in the U.S., Ireland, and North- WALSH), a prime sponsor of this, for his the Atlantic, and I thank the gen- ern Ireland is truly commendable. I tremendous leadership in the area not tleman from New Jersey (Mr. SMITH) solute its promotion of peace and just of the summit, but in Irish affairs and the gentleman from New York (Mr. shared governance under the terms of in general. WALSH) and the gentlewoman from the Good Friday agreement of 1998. As Madam Speaker, I reserve the bal- California (Ms. WATSON) for bringing well, I support the emphasis it places ance of my time. this measure to the floor at this time. on private sector leadership and in its Ms. WATSON of California. Madam Our special relationship and history leadership. It is important for the United States Speaker, I yield myself such time as I that our Nation enjoys with Ireland is to maintain close ties with all people may consume. reflected in the increased trade between our two nations over the past of Ireland in supporting mutual peace, Madam Speaker, I rise in strong sup- decade. This has produced mutual ben- justice, and prosperity. There has been, port of H. Res. 513. I first commend the efits both for Ireland as well as the however, an apparent oversight in the gentleman from New Jersey (Mr. United States, and continues to under- resolution, I believe, that I would like SMITH) for his leadership on this impor- score our common values, our tradi- to address at this time. tant resolution, and the gentleman tions and our commitment to free The resolution failed to mention the from New York (Mr. WALSH) for intro- trade. Moreover, expanding inter- tireless effort of special envoy Senator ducing it. national commercial links has under- George Mitchell, who negotiated the Madam Speaker, for decades the peo- scored and reinforced the benefits of Good Friday agreement. Neither did it ple of Ireland have longed for peace and peace in Northern Ireland. An environ- remark on the dedication and commit- stability. Since the signing of the Good ment free of violence and fear is vital ment of former President Clinton in Friday Agreement of 1998, this dream is to fostering a prosperous business com- bringing the peace process in Northern closer to reality than ever before. The munity. However, the hard-won peace Ireland to a successful conclusion. So I Good Friday Agreement is a testament in Northern Ireland still remains frag- would just like to highlight that and to the leadership abilities of George ile, which is why last week’s summit bring attention to my colleagues of the Mitchell and is one of the great was so critical for continuing the posi- establishment of the William J. Clin- achievements of President Clinton’s tive changes which have been made to ton International Peace Center in foreign policy. However, the implemen- date. Enniskillen, Ireland, and that Ms. tation of the Good Friday Agreement Regrettably, the interface violence Steller O’Leary and others who have has not been without its setbacks, and we saw this last summer demonstrates been working so much for advocating it is critically important that all par- that we are not yet over all of the trou- peace are involved in this and we look ties continue to push strongly for bles in the north. Accordingly, I want forward to having Members of our Con- progress on political, security and eco- to commend President Bush for his gress visit that. I trust that the nomic fronts. strong support of this U.S.-Ireland present administration will continue Madam Speaker, just a few miles summit, and particularly the summit this important effort so that the rec- away business leaders from the United chairman, the gentlewoman from Cali- onciliation process does not falter. So I States, Ireland and Northern Ireland fornia (Mrs. DAVIS) and the Irish-Amer- ask that my colleagues join me in hon- met last week at the United States-Ire- ican Republicans for their leadership oring Senator Mitchell and President land Business Summit. I am pleased to on this summit initiative. I urge my Clinton for their crucial role that they report that these leaders helped lay the colleagues to continue our support of played in bringing peace to Northern groundwork for the economic pros- this worthy endeavor. Ireland. perity for Northern Ireland which is so Ms. WATSON of California. Mr. b 1200 critical to the peace process. This sum- Speaker, I have no further requests for mit focused on generating new oppor- Ms. WATSON of California. Madam time, and I yield back the balance of tunities for business between the Speaker, I yield 2 minutes to the gen- my time. United States, Ireland and Northern tleman from New Jersey (Mr. PAYNE). Mr. SMITH of New Jersey. Mr. Ireland, including promoting foreign Mr. PAYNE. Madam Speaker, let me Speaker, I yield back the balance of investment, reducing regulatory bar- thank the gentleman from New Jersey my time. riers and increasing bilateral trade. (Mr. SMITH), who has really done such The SPEAKER pro tempore (Mr. Progress on these critically important an outstanding job not only in his work QUINN). The question is on the motion issues can create new jobs for those un- in Ireland in general but in human offered by the gentleman from New employed on both sides of the Atlantic rights throughout the world. Many Jersey (Mr. SMITH) that the House sus- and make a tangible contribution to people are much better off because of pend the rules and agree to the resolu- the success of the Good Friday Agree- his interests, his compassion, and his tion, H. Res. 513, as amended. ment. tenacity in seeing that those who have The question was taken.

VerDate Sep 04 2002 01:47 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.029 H10PT1 H6142 CONGRESSIONAL RECORD — HOUSE September 10, 2002 The SPEAKER pro tempore. In the communications sector specifically, PROVIDING TEMPORARY WAIVER opinion of the Chair, two-thirds of make this statutory deadline unreal- FROM CERTAIN REQUIREMENTS those present have voted in the affirm- istic. Indeed, one is hard-pressed to se- UNDER CLEAN AIR ACT ative. lect a worse time for a satellite com- Mr. UPTON. Mr. Speaker, I move to Mr. SMITH of New Jersey. Mr. pany IPO. Equally important, such an suspend the rules and pass the bill Speaker, on that I demand the yeas ill-timed IPO runs counter to one of (H.R. 3880) to provide a temporary and nays. the central policy objectives of ORBIT, waiver from certain transportation The yeas and nays were ordered. dilution of foreign government owner- conformity requirements and metro- The SPEAKER pro tempore. Pursu- ship. If this IPO is forced to take place politan transportation planning re- ant to clause 8 of rule XX and the now, it is very likely that the foreign quirements under the Clean Air Act Chair’s prior announcement, further governments holding nonstrategic in- and under other laws for certain areas proceedings on this motion will be vestments in INTELSAT will decide in New York where the planning offices postponed. not to sell in this unattractive market. and resources have been destroyed by f Rather, they will decide to hold on to acts of terrorism, and for other pur- their investments until a more attrac- INTELSAT IPO EXTENSION ACT poses, as amended. tive market price is available. The end The Clerk read as follows: Mr. UPTON. Mr. Speaker, I move to result: no foreign government dilution H.R. 3880 suspend the rules and pass the Senate in the near future. Be it enacted by the Senate and House of Rep- bill (S. 2810) to amend the Communica- S. 2810 would therefore give resentatives of the United States of America in tions Satellite Act of 1962 to extend the INTELSAT another year in which to Congress assembled, deadline for the INTELSAT initial pub- conduct its IPO. It also provides the SECTION 1. CLEAN AIR TRANSPORTATION CON- lic offering. FORMITY; TEMPORARY WAIVER FOR The Clerk read as follows: FCC authority to allow an additional NEW YORK AREAS. extension of time if warranted by mar- (a) TEMPORARY WAIVER.—Notwithstanding S. 2810 ket conditions. Congress provided iden- any other provision of law, until September 30, Be it enacted by the Senate and House of Rep- tical relief last year to Inmarsat. I 2005, the provisions of section 176(c) of the resentatives of the United States of America in urge all of my colleagues to support Clean Air Act, and the regulations promulgated Congress assembled, this important yet noncontroversial thereunder, shall not apply to transportation SECTION 1. EXTENSION OF IPO DEADLINE. legislation. projects, programs, and plans (as defined in 40 Section 621(5)(A)(i) of the Communications C.F.R. Part 93, Subpart A) for the counties of Satellite Act of 1962 (47 U.S.C. 763(5)(A)(i)) is Mr. Speaker, I reserve the balance of New York, Queens, Kings, Bronx, Richmond, amended— my time. Nassau, Suffolk, Westchester, Rockland, Put- nam, or the towns of Blooming Grove, Chester, (1) by striking ‘‘October 1, 2001,’’ and in- Mr. MARKEY. Mr. Speaker, I yield serting ‘‘December 31, 2003,’’; and Highlands, Monroe, Tuxedo, Warwick, and (2) by striking ‘‘December 31, 2002;’’ and in- myself such time as I may consume. Woodbury in Orange County, New York. The serting ‘‘June 30, 2004;’’. Mr. Speaker, the legislation before us preceding sentence shall not apply to the regu- The SPEAKER pro tempore. Pursu- is unopposed, and I support House pas- lations under section 176(c)(4)(B)(i) of such Act sage of this bill today, as does the gen- relating to Federal and State interagency con- ant to the rule, the gentleman from sultation procedures. Michigan (Mr. UPTON) and the gentleman from Michigan (Mr. DINGELL) (b) INTERIM PROGRESS REPORT.—Not later tleman from Massachusetts (Mr. MAR- and all of the members of the Com- than January 1, 2004, the Governor of New York KEY) each will control 20 minutes. mittee on Commerce who sit on the shall submit to the Committees on Energy and The Chair recognizes the gentleman Democratic side. Commerce and Transportation and Infrastruc- from Michigan (Mr. UPTON). This legislation simply extends the ture of the House of Representatives, the Com- mittee on Environment and Public Works of the GENERAL LEAVE date by which INTELSAT may have an Senate, the Administrator of the Environmental Mr. UPTON. Mr. Speaker, I ask unan- IPO and offer advanced satellite serv- Protection Agency, and the Secretary of Trans- imous consent that all Members have 5 ices to U.S. customers. The IPO was portation a report regarding the status of the legislative days within which to revise put into the law to induce INTELSAT State’s progress towards achieving compliance and extend their remarks and include to diversify its ownership and vastly with the provisions of law and regulation sub- extraneous material on the bill. diminish the international govern- ject to the temporary waiver provided by sub- The SPEAKER pro tempore. Is there mental ownership and control of the section (a). Such report shall explain in detail objection to the request of the gen- organization, with all of the advan- the steps that the State has taken towards achieving such compliance and identify the nec- tleman from Michigan? tages and disadvantages such inter- essary steps that remain to be taken by Sep- There was no objection. national governmental ownership tember 30, 2005, in order for the transportation Mr. UPTON. Mr. Speaker, I yield my- brings. The new date for an IPO will projects, programs, and plans for the counties self such time as I may consume. now be December 31, 2003, rather than referred to in subsection (a) to be in compliance Mr. Speaker, I rise today in support the end of this year. with the provisions of section 176(c) of the Clean of S. 2810 and urge swift passage of this Air Act, and the regulations promulgated there- I want to commend the gentleman under, by September 30, 2005. The report shall noncontroversial legislation. Prior to from Michigan (Mr. UPTON) for his adjourning in August, the Senate also include a regional emissions analysis gen- work on this bill and urge Members to erally consistent with the requirements of 40 passed legislation, S. 2810, to extend support the legislation. CFR 93.122, together with the relevant air qual- the deadline by which INTELSAT is re- Mr. Speaker, I yield back the balance ity data. quired to conduct its IPOs. I commend SEC. 2. METROPOLITAN PLANNING REQUIRE- my colleagues in the other body and of my time. MENTS; TEMPORARY WAIVER FOR thank them for addressing this impor- Mr. UPTON. Mr. Speaker, I have no NEW YORK AREAS. tant issue. further requests for time, and I yield Notwithstanding any other provision of law, Under the Open-Market Reorganiza- back the balance of my time. until September 30, 2005, the provisions of sections 134(h)(1)(D), 134(i)(3), 134(i)(5), and tion for the Betterment of Inter- The SPEAKER pro tempore (Mr. 134(l)(1) of title 23 of the United States Code and national Telecommunications (ORBIT) QUINN). The question is on the motion sections 5304(a)(1), 5305(c), and 5305(e)(1) of title act, INTELSAT is required to pri- offered by the gentleman from Michi- 49 of the United States Code and the regulations vatize, and as part of that effort, gan (Mr. UPTON) that the House sus- promulgated thereunder, shall not apply to the INTELSAT is to conduct an IPO by De- pend the rules and pass the Senate bill, New York Metropolitan Transportation Council or to the Metropolitan Planning Organization cember 31 of this year. As detailed by S. 2810. the FCC, INTELSAT has made signifi- designated under section 134(b) of title 23 of the cant progress in its privatization ef- The question was taken; and (two- United States Code. forts. Moreover, INTELSAT has made thirds having voted in favor thereof) SEC. 3. ADDITIONAL REQUIREMENTS. (a) PROHIBITION ON CAPACITY EXPANSION.— substantial preparations to conduct its the rules were suspended and the Sen- ate bill was passed. During the period of the temporary transpor- statutorily mandated IPO. tation conformity waiver for transportation However, volatility in the financial A motion to reconsider was laid on plans, programs, and projects under section 1, markets in general, and the tele- the table. no regionally significant capacity expanding

VerDate Sep 04 2002 01:47 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 6333 E:\CR\FM\K10SE7.032 H10PT1 September 10, 2002 CONGRESSIONAL RECORD — HOUSE H6143 highway project shall be added to the Regional York’s existing conformity deadline. which will provide to the New York Transportation Plan for the counties referred to Without H.R. 3880, when New York City metropolitan area a temporary in section 1 and no such project may be ad- misses next month’s conformity dead- and necessary waiver of Clean Air Act vanced from the out years of the Plan into the line, progress would cease on over $4.6 conformity requirements until Sep- TIP, except as provided in subsection (b). (b) EXCEPTION.—Any regionally significant billion worth of transportation tember 30, 2005. capacity expanding highway project south of projects, all at a time when the re- b 1215 Canal Street and West of Broadway in Manhat- building of Lower Manhattan and its tan may be added to the Plan referred to in sub- transportation infrastructure is of Mr. Speaker, I urge approval of this section (a) if— paramount importance. measure by the House. Section 176(c) of (1) the project is part of a redevelopment plan So as to avoid this untenable out- the Clean Air Act requires that trans- for lower Manhattan subject to NEPA and the come, H.R. 3880 provides a temporary 3- portation activities conform to State New York State Environmental Quality Act, as year waiver necessary for New York to air quality plans before the Federal applicable; and Government is authorized to fund (2) any projected increases in transportation develop new computer models and meet related emissions resulting from the project are the requirements of the next con- those transportation activities. offset by corresponding reductions within the formity planning cycle in October of The region-only mission analysis affected county, with best efforts made to secure 2005. used to establish conformity and subse- reductions from within the immediate area af- I note that during full committee quent eligibility for Federal funding fected by the project’s emissions. markup of H.R. 3880, the bill was must be, under this statutory provi- The SPEAKER pro tempore. Pursu- amended in a bipartisan manner to ad- sion, less than 3 years old. New York’s ant to the rule, the gentleman from dress specific concerns raised by envi- current regional emission analysis will Michigan (Mr. UPTON) and the gen- ronmental groups with regard to re- reach its 3-year expiration date on Oc- tleman from Virginia (Mr. BOUCHER) gionally significant highway projects tober 1, 2002. Then, under the provi- each will control 20 minutes. which now are generally prohibited un- sions of the Clean Air Act, the New The Chair recognizes the gentleman less they obtain emissions offset cred- York conformity determination will from Michigan (Mr. UPTON). its. Accordingly, H.R. 3880 has been en- lapse, jeopardizing the area’s Federal Mr. UPTON. Mr. Speaker, I yield my- dorsed by Environmental Defense. transportation funding for most self such time as I may consume. In addition to the Committee on En- projects. It is estimated that the re- Mr. Speaker, today the House will ergy and Commerce’s New York delega- gion stands to lose up to $1 billion in consider important legislation that tion, I wish to thank the chairman of Federal transportation funding, should will help New York rebuild Lower Man- the Subcommittee on Energy and Air a conformity lapse occur. hattan after the tragic events of Sep- Quality, the gentleman from Texas The headquarters of the New York tember 11. (Chairman BARTON); the subcommit- Metropolitan Transportation Council, Before I briefly discuss the purpose tee’s ranking member, the gentleman and that is the agency that serves as and effect of H.R. 3880, I want to thank from Virginia (Mr. BOUCHER); and, of the New York area’s transportation the gentleman from New York (Mr. course, the ranking member of the full planning office, was destroyed in the FOSSELLA) and his fellow Committee on committee, the gentleman from Michi- attacks of September 11. Due to the un- Energy and Commerce New York mem- gan (Mr. DINGELL), for their bipartisan precedented loss of personnel, re- bers, the gentleman from New York cooperation in providing this timely sources, and records, it will be impos- (Mr. TOWNS) and the gentleman from relief for the City of New York. I also sible for New York to establish a cur- New York (Mr. ENGEL), for their great wish to thank the gentleman from rent regional emissions analysis in leadership in developing this legisla- Alaska (Chairman YOUNG), chairman of order to meet the October 1, 2002 dead- tion and moving it through the com- the Committee on Transportation and line for obtaining a conformity deter- mittee in a very strong bipartisan Infrastructure, for his cooperation with mination. manner. our request that this measure be con- In addition to the loss at the New As a result of this team effort, H.R. sidered by the full House promptly York Metropolitan Transportation 3880 enjoys not only the support of the after our full committee markup. Council headquarters, the attacks of City and State of New York, but also In addition to the committee’s report September 11 have significantly altered the support of the Department of filed on H.R. 3880, the committee un- the distribution of jobs and transpor- Transportation, the Environmental derstands that New York State is tation patterns within the New York Protection Agency, and the environ- working on expanding ferry service metropolitan area. These changes add mental group Environmental Defense. into New York City from Westchester to the impossibility of the data collec- This legislation is needed because and Rockland Counties and encourages tion necessary to develop an accurate New York’s transportation planning of- this process to move forward as a regional emissions analysis during the fice was located in the World Trade means of providing alternative mass near term. Center and was destroyed on Sep- transit options which help to reduce Given these extraordinary events, it tember 11. Three staff members were traffic and improve the air quality of is appropriate that we take action to killed; and for all practical purposes, the region. provide temporary relief to the New the planning office’s records and com- Mr. Speaker, in closing, I urge the York City area. The legislation before plex computer models simply dis- House to vote for H.R. 3880, a bipar- us today would grant a temporary appeared. tisan measure that will allow New waiver from the Clean Air Act trans- While tragic, this is not the sole rea- York to continue the important task of portation conformity requirements and son New York needs a temporary ex- rebuilding after the tragic events of 1 selected metropolitan planning re- tension from the Clean Air Act trans- year ago. quirements of TEA–21 through Sep- portation conformity requirements. As Mr. Speaker, I ask unanimous con- tember 30, 2005. we all know, September 11 changed the sent that the managing of this bill go The bill received unanimous approval shape of New York. Thousands and to my colleague, the gentleman from in the Committee on Energy and Com- thousands of offices have been moved New York (Mr. FOSSELLA). merce, and it is supported by the Envi- to new places and commuters now trav- The SPEAKER pro tempore. Is there ronmental Protection Agency and by el different routes. Complying with the objection to the request of the gen- the U.S. Department of Transpor- transportation conformity regulations tleman from Michigan? tation. and other metropolitan planning re- There was no objection. I urge that the House lend its ap- quirements would require a full under- Mr. BOUCHER. Mr. Speaker, I yield proval to this necessary legislation, standing of these changes in the devel- myself such time as I may consume. which will assist in easing the burden opment of a new, corresponding com- (Mr. BOUCHER asked and was given faced by the New York City area as the puter model. permission to revise and extend his re- region continues to recover from the EPA and DOT all agree that this task marks.) attacks of last September. would be impossible for New York to Mr. BOUCHER. Mr. Speaker, I rise Mr. Speaker, I want to join my complete by next month, which is New this morning in support of H.R. 3880, friend, the gentleman from Michigan

VerDate Sep 04 2002 01:47 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.010 H10PT1 H6144 CONGRESSIONAL RECORD — HOUSE September 10, 2002 (Mr. UPTON), in commending the gen- This underscores, I think, what we ity levels. The Clean Air Act is vital to tleman from New York (Mr. FOSSELLA) all want to do; that is, to improve the the health and welfare of residents and the other gentlemen from New quality of our air and the emissions across the country. That is why I have York, Mr. ENGEL and Mr. TOWNS, for surrounding New York City. But under- worked very hard to balance the need their sponsorship of this measure, stand that this is a commonsense ap- for the legislation with the best inter- which is most appropriate and deserves proach to a terrible accident that hap- ests of my fellow New Yorkers and the approval by this House. pened. environmental community, as well. Mr. Speaker, I reserve the balance of So I want to commend all those who I have similarly been working to pro- my time. recognized this necessary, really, legis- mote better and less polluting trans- Mr. FOSSELLA. Mr. Speaker, I yield lation, and to thank all those in the portation throughout the New York myself such time as I may consume. staff that brought us here. I would metropolitan area, and have coordi- Mr. Speaker, at the outset, let me hope, since time is of the essence, that nated closely with Governor Pataki on thank the gentleman from Virginia the other body would join hands with this matter. (Mr. BOUCHER), because he has been us and give New York what it needs. On July 22, 2002, I wrote to the Gov- really great in his assistance and in his Mr. Speaker, I reserve the balance of ernor to urge his support for expanded efforts to bring this to the floor, and my time. ferry service from Rockland County to the people in the city and in the State Mr. BOUCHER. Mr. Speaker, I am Manhattan and Westchester County to of New York are grateful for his sup- pleased to yield 5 minutes to the gen- Manhattan, and I am pleased to an- port. tleman from New York (Mr. ENGEL), nounce that the Governor has re- I thank as well my colleagues, the one of the sponsors of this measure. sponded favorably to my request and gentlemen from New York, Mr. RANGEL Mr. ENGEL. Mr. Speaker, I thank has assured me that he will make clean and Mr. TOWNS. We have tried to do the gentleman for yielding time to me. air transportation projects such as this really in a nonbipartisan way be- Mr. Speaker, the Committee on En- these a priority. cause it is so critical to the future of ergy and Commerce has worked in a I want to also mention that in dis- rebuilding New York City. truly bipartisan fashion to bring this cussions with the chairman of our com- I also thank the gentleman from legislation to the full House today. The mittee, the gentleman from Louisiana Louisiana (Chairman TAUZIN) and the three of us on the committee that rep- (Chairman TAUZIN), we were supposed gentleman from Texas (Chairman BAR- resent New York City, myself and the to have report language about the ferry TON), as well as the chairman, for being gentlemen from New York (Mr. TOWNS service from Rockland and Westchester cooperative and understanding the and Mr. FOSSELLA) have all worked Counties in the bill, and through an plight of New York. very closely with the leadership of the oversight it was omitted. But I want to Mr. Speaker, I have a full statement Committee to put this before our col- assure my colleagues that the chair- that I will submit for the RECORD, but leagues. man of the Committee and others on just to highlight, I think, as has been Mr. Speaker, helping New York has the committee in a bipartisan fashion said by the gentleman from Michigan been something that has been done in a have assured me that they will work and the gentleman from Virginia, bipartisan fashion since the tragic with us to make this ferry service a re- sadly, another consequence of Sep- events of last September 11. This, of ality. There are provisions in the legisla- tember 11 was the fact that New York course, is part and parcel of that. New tion that require New York to report to City almost was destroyed. The loss of York City was hit not because it was the Committee on Energy and Com- life was tragic, but in addition, the in- some random place that was picked, merce, EPA, and DOT on the air qual- frastructure is destroyed. but because New York is a symbol of ity during the waiver period. These re- Many Members in both the House and what this country is, a symbol. That is ports will allow us to monitor New in the other body were in New York on why when New York was hit, everyone York’s progress to get back into con- Friday and saw what was once the responded, because everyone under- formity by the year 2005. World Trade Center, and saw understands that New York is a symbol of I am pleased that this legislation has neath what was once the PATH sta- our great country. the support of the Environmental De- tion, the PATH train, or the 1 and 9 As we know, and was mentioned by fense Fund and the environmental de- subway line, or so many of the buses my colleagues, New York is facing a fense community, and I will continue that really interweave throughout conformity lapse on October 1 of this to work with them and Governor downtown New York. year. H.R. 3880 will grant a temporary Pataki to ensure that air quality For all intents and purposes, things limited waiver for New York’s Clean standards will be of the utmost pri- have changed in New York. New York Air Act conformity requirements. ority during the waiver period. was required to comply with the Clean Mr. Speaker, the New York Metro- Mr. Speaker, it is truly fitting that Air Act as of October 1. Now, if the in- politan Transportation Council is the the House of Representatives is consid- frastructure has changed, the modeling main agency that conducts the re- ering this legislation today. It will be a to evaluate that infrastructure has gional emissions analysis for New year tomorrow since the terrorist at- changed, and the analysis, therefore, York, and as my colleague, the gen- tacks, and this great body has shown that was required has changed, so all tleman from New York (Mr. FOSSELLA), its solidarity with New York. In fact, it bets are off. just mentioned, the NYMTC offices is 52 weeks today, to this very day, In addition, and this is the saddest, were on the 82nd floor of New York that the tragedy happened. It is impor- obviously, some employees lost their World Trade Center One, and were de- tant that the Congress continue its lives in that attack. stroyed in the attacks of September 11. commitment to see us through as we So we have a combination of trage- Three staff members are still missing continue our recovery in New York. dies that brings us to this point. That, and presumed dead, and all the vital I was pleased to be with my col- essentially, is to grant New York City data and institutional knowledge of leagues just last Friday when we had and New York State temporary relief the staff were lost on that fateful day. this special session in New York. I under the Clean Air Act. Without that, As such, it is impossible for New want to thank, in conclusion, the upwards of $4 billion to $5 billion, the York to meet its conformity require- chairman and ranking member of the estimates range, but the reality is that ments. I want to stress that without Committee on Energy and Commerce, it is hard and it is real that those Fed- this waiver, New York will lapse out of the gentleman from Louisiana (Mr. eral dollars that fund needed Federal conformity in less than a month, and TAUZIN) and the gentleman from Michi- projects will stop, and it will stop the many vital transportation projects will gan (Mr. DINGELL), for all of their hard rebuilding efforts of New York City be halted, which threatens to cripple work on this issue, and I urge my col- that have moved wonderfully in the the region at a time when it is still leagues to support this much-needed last year. It will mean so many jobs struggling to recover. legislation. will be put at risk, upwards of 200,000 The Clean Air Act sets out strict air Mr. BOUCHER. Mr. Speaker, I have jobs directly and indirectly related to quality standards to ensure that met- no further requests for time, and I the rebuilding of New York City. ropolitan areas remain at safe air qual- yield back the balance of my time.

VerDate Sep 04 2002 01:47 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.036 H10PT1 September 10, 2002 CONGRESSIONAL RECORD — HOUSE H6145 Mr. FOSSELLA. Mr. Speaker, I yield lative language, that H.R. 3880 applies only cated in the World Trade Center, three of its myself such time as I may consume. to ‘‘transportation projects, programs and staff members, and much of the progress that Mr. Speaker, I would just thank, plans as defined in 40 CFR Part 93 Subpart had been made in preparation for filing up to from the committee, Joe Stanko, Mi- A’’, and that the waiver therefore does not apply to port projects, airports, or other that date was lost in the terrorist attacks. In chael Geffroy, as well as those from transportation projects that are subject to addition, as a result of the 9/11 destruction Governor Pataki’s office and the may- the requirements of general conformity 100,000 jobs have been displaced and com- or’s office and the city of New York; under Clean Air Act regulations. muter and traffic patterns have change signifi- also, the gentlemen from New York Local emission offsets to protect public cantly. For example, The World Trade Center (Mr. RANGEL and Mr. TOWNS), the health in Lower Manhattan: New highway PATH Train Station was lost and a number of chairman, the gentleman from Lou- projects for lower Manhattan (i.e., the de- businesses have relocated away from lower pressing of West Street) must include air isiana (Mr. TAUZIN), the gentleman quality offsets within the affected county Manhattan. Without this waiver, New York’s from Michigan (Mr. DINGELL), the gen- (with best efforts to secure even more local- conformity will lapse on October 1, 2002. As tleman from Texas (Mr. BARTON), and ized offsets). a result, a number of non-exempt transpor- of course, the gentleman from Virginia Detailed Interim Milestones: New York has tation and transit projects will come to a halt (Mr. BOUCHER). committed to meet detailed interim mile- until a new conformity plan is filed. From my staff, I thank Julie Walker, stones on the way to attaining conformity by 2005. These include commitments to im- New York should not be penalized any more who has really worked a lot and very for the disaster of 9/11. A halt to transportation hard on bringing this to the floor. proved best practices transportation and air pollution modeling and other updated mod- and transit construction projects will be dev- I would note, as well, if it has not els and data for the region. astating to an economy that has already suf- been noted, that the 14 affiliated build- Report to Congress, EPA and DOT: New fered significant losses. Moreover, this will ing and trade unions support this bill. York must report to Congress, EPA and DOT likely have the unintended consequences of I have a letter that I have been asked on progress being made toward achieving hindering New York’s efforts to achieve im- to submit for the RECORD from the En- conformity by the new 2005 deadline, including new emission reduction strategies adopt- proved air quality, as projects such as the 2nd vironmental Defense Fund. Avenue Subway and the East Side Access will The letter referred to is as follows: ed to offset revised estimates of air pollution emissions from cars and trucks that result not be able to move on to a new phase of ENVIRONMENTAL DEFENSE, from newer assumptions, data, and emission work because they are considered non-ex- Washington, DC, September 10, 2002. models. empt. Hon. VITO FOSSELLA, Significantly, New York has also com- House of Representatives, Longworth House Of- mitted to take additional steps to protect air It should go without saying that no one fice Building, Washington, DC. quality during the course of the waiver. takes this request lightly. New York, similar to DEAR CONGRESSMAN FOSSELLA: We are These include: most metropolitan regions, struggles to con- writing about H.R. 3880, The Clean Air A commitment to make the reconstruction form to clean air requirements. The events of Transportation Conformity Temporary of lower Manhattan a model for clean-air 9/11 have made clean air an even bigger Waiver for the New York Areas, as recently construction practice statewide, by using issue for many New Yorkers. However, I be- amended. That bill would provide certain clean fuels and retrofits to cut emissions counties of the New York City metropolitan from non-road machinery throughout lower lieve there has been some confusion over this region with an extension of deadlines under Manhattan. Non-road engines, like the con- waiver request. This request has nothing to do the transportation conformity provisions of struction machinery at work on the recon- with the post 9/11 EPA cleanup and every- the Clean Air Act while containing protec- struction of the World Trade Center site and thing to do with the need to rebuild lower Man- tions for continued efforts to improve air transportation infrastructure in lower Man- hattan and continue important transportation quality in New York City. hattan, emit more fine particulate matter and transit projects on their current schedules The State of New York requested this ex- than cars, trucks and powerplants combined throughout the region. There have been erro- tension on the grounds that the events of and are important sources of NOx, a pre- neous claims that there is no need to provide September 11, 2001 directly and substantially cursor to the formation of urban smog. affected the offices and staff of agencies in- Committments by key state agencies, in- a waiver because it takes eighteen months for volved in making conformity determina- cluding for example the New York State De- the lapse to take effect. This is not an accu- tions. Offices of both the New York Metro- partment of Environmental Conservation, rate claim. In fact, some projects will begin to politan Transportation Council (NYMTC) Department of Transportation and the Port stop in October depending upon their imple- and the Port Authority of New York and Authority of New York and New Jersey, to mentation phase. Projects will be able to com- New Jersey were destroyed on September 11, identify and adopt new transportation con- plete their current phase but not be able to and, tragically, both agencies suffered loss of trol measures, such as incentives for in- progress to the next phase. As you can see life. According to the state, these agencies creased use of transit, to be implemented in also suffered unprecedented loss of agency the new term to cut emissions from the from the list before us, numerous projects records and institutional capacity. New York transportation sector. would be impacted without this waiver. has stated that it is seeking this extension We recognize that September 11 has pre- Working in a bipartisan fashion with my New in order to ensure that federal transit funds sented New York and the country with a York committee colleagues, Mr. FOSSELLA and essential to the rebuilding of lower Manhat- unique and unprecedented set of cir- Mr. ENGEL, I believe we have reached an ac- tan are not place at risk by these unfortu- cumstances. We further understand that the nate circumstances. State of New York, at its highest executive ceptable compromise with the Environmental In December 2001, the original version of leadership levels, has agreed to the condi- Defense to address to any outstanding envi- H.R. 3880 was introduced in the House. Be- tions outlined above and is prepared to im- ronmental issues. This legislation is an impor- cause of its unnecessarily broad scope and plement them vigorously. With these condi- tant step forward in rebuilding the infrastruc- lack of air quality protections, Environ- tions, and under these unique circumstances, ture that was destroyed on 9/11, strengthening mental Defense opposed that bill, as origi- we support the amended version of H.R. 3880. our economy, and allowing the New York Met- nally introduced. We requested that, if any Sincerely, ropolitan Transportation Council the oppor- flexibility in meeting federal clean air trans- JOHN BOWMAN, tunity to develop a new conformity plan that portation planning requirements were to be Legislative Counsel, Environmental Defense. reflects the new traffic patterns of the post granted, it be done in a narrowly crafted way Mr. TOWNS. Mr. Speaker, I’m very pleased that include protections for air quality and September 11th city. I urge my colleagues to to see the quick action of the House Leader- support this effort to keep New York moving public health. We are pleased that the bill ship to bring this important legislation to the has now been narrowed, and that New York and restore New York’s economy to the driv- has committed to take new steps to protect floor. H.R. 3880 is a bill that will provide a ing force that it always has been, I would urge air quality and health. The changes include: temporary limited waiver to the Clean Air Act’s my Senator colleagues to move this bill with No ‘‘free pass’’ for highway projects: Re- transportation conformity requirements within all delivered speed. We cannot afford for New gionally significant capacity-expanding the New York City regional planning area York’s transportation infrastructure to experi- highway projects not already in the adopted (which includes, New York City, Nassau, Suf- ence any delays because of Clean Air restric- Transportation Improvement Program are folk, Westchester, Rockland and Putnam specifically excluded from the waiver and tions. I’m hopeful that final congressional ac- counties as well as seven towns in Orange tion will occur before the October 1st deadline. cannot be advanced during this period ex- County). This waiver is necessitated as a di- cepting projects related to reconstruction of rect result of the tragic events of 9/11. The Mr. FOSSELLA. Mr. Speaker, I yield Lower Manhattan (whose emissions must be back the balance of my time. offset locally). New York Metropolitan Transportation Council Transportaiton Conformity only: It is (NYMTC), the office responsible for compiling The SPEAKER pro tempore (Mr. clear, based on a recent change to the legis- the transportation conformity plan—was lo- QUINN). The question is on the motion

VerDate Sep 04 2002 01:25 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.039 H10PT1 H6146 CONGRESSIONAL RECORD — HOUSE September 10, 2002 offered by the gentleman from Michi- (2) the people of the United States, including The resolution before us today recog- gan (Mr. UPTON) that the House sus- the medical community, should make themselves nizes the work of private organizations pend the rules and pass the bill, H.R. aware of the symptoms of scleroderma and con- and health care providers to raise tribute to the fight against scleroderma; 3880, as amended. (3) the National Institutes of Health should awareness about scleroderma and en- The question was taken; and the continue to take a leadership role in research ef- courages Americans to learn more Speaker pro tempore announced that forts regarding the fight against scleroderma about scleroderma. The resolution en- the ayes appeared to have it. and should allow for broad dissemination of the courages the National Institutes of Mr. FOSSELLA. Mr. Speaker, on information learned from such research; and Health to continue to play a leadership that I demand the yeas and nays. (4) the Centers for Disease Control and Pre- role in discovering new treatments and The yeas and nays were ordered. vention should consider additional methods to disseminating information learned The SPEAKER pro tempore. Pursu- improve disease surveillance of scleroderma. from their research. Finally, the reso- ant to clause 8 of rule XX and the The SPEAKER pro tempore. Pursu- lution encourages the Centers for Dis- Chair’s prior announcement today, fur- ant to the rule, the gentleman from ease Control and Prevention to con- ther proceedings on this motion will be New York (Mr. FOSSELLA) and the gen- sider how to improve disease surveil- postponed. tleman from Ohio (Mr. BROWN) each lance of autoimmune diseases, includ- will control 20 minutes. f ing scleroderma. The Chair recognizes the gentleman Mr. Speaker, I encourage my col- GENERAL LEAVE from New York (Mr. FOSSELLA). leagues to support the resolution. Mr. FOSSELLA. Mr. Speaker, I ask GENERAL LEAVE Mr. Speaker, I reserve the balance of unanimous consent that Members may Mr. FOSSELLA. Mr. Speaker, I ask my time. have 5 legislative days within which to unanimous consent that all Members Mr. BROWN of Ohio. Mr. Speaker, I revise and extend their remarks and to may have 5 legislative days within yield myself 2 minutes. include extraneous material on the which to revise and extend their re- Mr. Speaker, we are considering an bill. marks and include extraneous matter important resolution today sponsored The SPEAKER pro tempore. Is there on House Concurrent Resolution 320. by my colleague, the gentleman from objection to the request of the gen- The SPEAKER pro tempore. Is there Illinois (Mr. GUTIERREZ). I am pleased tleman from New York? objection to the request of the gen- to be a co-sponsor of this legislation, There was no objection. tleman from New York? which is intended to raise the profile of There was no objection. scleroderma, a debilitating auto-im- f Mr. FOSSELLA. Mr. Speaker, I yield mune disease that affects around a EXPRESSING THE SENSE OF CON- myself such time as I may consume. third of a million Americans every GRESS REGARDING Mr. Speaker, I am pleased that the year. SCLERODERMA House is considering today House Con- Diagnosis can be difficult in the early Mr. FOSSELLA. Mr. Speaker, I move current Resolution 320, introduced by stages. Many symptoms of scleroderma to suspend the rules and agree to the the gentleman from Illinois (Mr. are common to or may overlap those of concurrent resolution (H. Con. Res. 320) GUTIERREZ) to raise awareness about a other diseases. The disease is highly in- expressing the sense of Congress re- terrible disease, Scleroderma. House dividualized. While scleroderma can garding Scleroderma, as amended. Concurrent Resolution 320 was reported show mild symptoms in some, it can The Clerk read as follows: favorably by the Committee on Energy also deliver a more life-threatening H. CON. RES. 320 and Commerce last week, and I encour- prognosis in others. Scleroderma can show symptoms on Whereas scleroderma is a debilitating and po- age my colleagues to express their sup- tentially fatal autoimmune disease with a broad port for the resolution on the floor the surface as in a skin rash or disguise range of symptoms which may be either local- today. itself by affecting the organs, the mus- ized or systemic; Over 100,000 Americans are affected cles or blood vessels. Diagnosis can re- Whereas scleroderma may attack vital inter- by Scleroderma, a chronic connective quire consultation with rheuma- nal organs, including the heart, esophagus, tissue disease that is debilitating and tologists and dermatologists, in addi- lungs, and kidneys, and may do so without potentially fatal. Scleroderma is actu- tion to blood studies and specialized causing any external symptoms; ally a symptom of a group of rare dis- tests depending on which organs are Whereas more than 300,000 people in the eases that involve the abnormal actually affected. United States suffer from scleroderma; The Committee on Energy and Com- Whereas the symptoms of scleroderma include growth of connective tissue. hardening and thickening of the skin, swelling, Scleroderma is derived from the merce last week passed this resolution disfigurement of the hands, spasms of blood ves- Greek word sclerosis, literally meaning unanimously. I urge my colleagues to sels causing severe discomfort in the fingers and hard skin. The symptoms include hard- support it. toes, weight loss, joint pain, difficulty swal- ening and thickening of the skin, swell- Mr. GUTIERREZ. Mr. Speaker, I am grateful lowing, extreme fatigue, and ulcerations on the ing and disfigurement of the hands, that my bill, the Support Scleroderma Re- fingertips which are slow to heal; weight loss, joint pain, difficulty swal- search bill (H. Con. Res. 320) has been Whereas people with advanced scleroderma lowing, as well as extreme fatigue. scheduled to be considered in the suspension may be unable to perform even the simplest With this wide range of symptoms, calendar today. The speed with which this bi- tasks; partisan bill has traveled from the committee Whereas 80 percent of the people suffering scleroderma is often difficult to diag- from scleroderma are women between the ages of nose. For some patients, these diseases mark-up to Floor consideration is a testament 25 and 55; cause hard, tight skin; for others, the to the importance of this bi-partisan and non- Whereas scleroderma is the 5th leading cause problem is much greater, affecting controversial measure. of death among all autoimmune diseases for blood vessels and internal organs like Seleroderma is a chronic, often progressive women who are 65 years old or younger; the heart, lungs, and kidneys. autoimmune disease in which the body’s im- Whereas the wide range of symptoms and lo- mune system attacks its own tissues. The dis- calized and systemic variations of scleroderma b 1230 ease can manifest itself in two forms: localized make it difficult to diagnose; Scleroderma affects people of all scleroderma, affecting the skin and underlying Whereas the average diagnosis of scleroderma races and ethnic groups, men, women is made 5 years after the onset of symptoms; tissue and systemic scleroderma, also known Whereas the cause of scleroderma is still un- and children. For some Americans af- as systemic sclerosis, a potentially life-threat- known and there is no known cure; and fected by scleroderma, recovery comes ening disease that attacks internal organs in- Whereas the estimated annual direct and indi- with time. For many others, there is cluding the lungs, heart, kidneys, esophagus rect costs of scleroderma in the United States no treatment that controls or stops the and gastrointestinal tract. are $1,500,000,000: Now, therefore, be it progression effectively. While sci- The wide range of symptoms and localized Resolved by the House of Representatives (the entists at the National Institute of Ar- and systemic variations of the disease make it Senate concurring) thritis and Musculoskeletal and Skin especially hard to diagnose. In fact, the aver- That it is the sense of the Congress that— (1) private organizations and health care pro- Diseases continue to learn more about age diagnosis is made five years after the viders should be recognized for their efforts to scleroderma, unfortunately, they do onset of symptoms. Once diagnosed, how- promote awareness of and research on not know exactly what causes ever, people with this incurable disease can scleroderma; scleroderma, and there is still no cure. only look forward to symptomatic relief.

VerDate Sep 04 2002 01:25 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 9920 E:\CR\FM\K10SE7.040 H10PT1 September 10, 2002 CONGRESSIONAL RECORD — HOUSE H6147 More than 300,000 Americans suffer from The yeas and nays were ordered. Etheridge LaHood Reynolds Evans Lampson Rivers sclerodema. More than 80 percent of them are The SPEAKER pro tempore. Pursu- Everett Langevin Rodriguez women between the ages of 25 and 65 years ant to clause 8 of rule XX and the Farr Lantos Roemer old. Scleroderma is the 5th leading cause of Chair’s prior announcement, further Fattah Larsen (WA) Rogers (KY) death among all autoimmune diseases for proceedings on this motion will be Ferguson Larson (CT) Rogers (MI) Filner Latham Rohrabacher women under 65 years of age. The estimated postponed. Flake Leach Ross annual direct and indirect costs of scleroderma Fletcher Lee Rothman f in the United States are $1,500,000,000. In Foley Levin Roybal-Allard spite of these statistic and figures, we still Forbes Lewis (CA) Royce ANNOUNCEMENT BY THE SPEAKER Ford Lewis (GA) Rush don’t know what causes scleroderma and we PRO TEMPORE Fossella Lewis (KY) Ryan (WI) have yet to find a cure for it. Frank Lipinski Ryun (KS) My bill seeks to move a step closer to find- The SPEAKER pro tempore. Debate Frelinghuysen LoBiondo Sabo ing a cure by bringing awareness to has concluded on all motions to sus- Frost Lofgren Sanchez Gallegly Lowey scleroderma and expressing our solid support pend the rules. Sandlin Pursuant to clause 8 of rule XX, the Ganske Lucas (KY) Sawyer for Federal efforts to fight this disease. As Gekas Lucas (OK) Schakowsky marked up last Thursday by the full Energy Chair will now put the question on mo- Gephardt Luther Schiff and Commerce Committee, this bill, among tions to suspend the rules on which fur- Gilchrest Maloney (CT) Schrock ther proceedings were postponed ear- Gillmor Manzullo Scott other things, expresses the sense of Congress Gilman Markey lier today. Sensenbrenner that the National Institutes of Health (NIH) Gonzalez Matheson Sessions should continue to take a leadership role in re- Votes will be taken in the following Goode Matsui Shadegg search efforts regarding the fight against order: Goodlatte McCarthy (MO) Shaw H. Res. 513, by the yeas and nays; Gordon McCarthy (NY) Shays scleroderma and should allow for broad dis- Goss McCollum Sherman semination of the information learned from H.R. 3880, by the yeas and nays; and Graham McDermott Sherwood such research. The also believe that the Cen- H. Con. Res. 320, by the yeas and Granger McGovern Shimkus nays. Graves McHugh Shows ters for Disease Control can, should, and must Green (TX) McInnis The Chair will reduce to 5 minutes Shuster play a role regarding methods to improve dis- Green (WI) McIntyre Simmons ease surveillance of scleroderma. the time for any electronic vote after Greenwood McKeon Simpson Grucci McKinney Ideally, I believe that NIH should continue to the first such vote in this series. Skeen Gutierrez McNulty Skelton play a leadership role in the fight of Hall (TX) Meehan f Slaughter scleroderma by working more closely with pri- Hansen Meek (FL) Smith (NJ) Harman Menendez vate organizations and researchers and by RECOGNIZING HISTORICAL SIG- Smith (TX) Hart Mica funding research projects regarding Smith (WA) NIFICANCE AND TIMELINESS OF Hastings (FL) Millender- Snyder scleroderma conducted by private organiza- Hayes McDonald UNITED STATES-IRELAND BUSI- Solis tions and researchers. I also urge NIH to hold Hayworth Miller, Dan NESS SUMMIT Spratt Hefley Miller, Gary a scleroderma symposium to bring together Stark The SPEAKER pro tempore. The Herger Mollohan distinguished scientists and clinicians from Stearns pending business is the question of sus- Hill Moore across the U.S. to determine the most impor- Hilliard Moran (KS) Stenholm tant priorities in scleroderma research and to pending the rules and agreeing to the Hinchey Moran (VA) Strickland Stupak support the formation of small workgroups resolution, H. Res. 513, as amended. Hinojosa Murtha Hobson Myrick Sullivan composed of experts from diverse but related The Clerk read the title of the resolu- Tancredo tion. Hoeffel Nadler scientific fields to study this disease. Hoekstra Napolitano Tanner I would like to thank Chairman TAUZIN and The SPEAKER pro tempore. The Holden Neal Tauscher Tauzin Ranking Member DINGELL for their strong sup- question is on the motion offered by Holt Nethercutt the gentleman from New Jersey (Mr. Honda Ney Taylor (MS) port for this resolution and their fast sched- Hooley Northup Terry uling of it. I would also like to thank my col- SMITH) that the House suspend the Horn Norwood Thomas league on the other side of the aisle, Con- rules and agree to the resolution, H.R. Hostettler Nussle Thompson (CA) 513, as amended, on which the yeas and Houghton Oberstar Thompson (MS) gressman CHRISTOPHER SMITH of New Jersey, Thornberry nays are ordered. Hoyer Olver who has been a consistent and strong sup- Hulshof Ortiz Thune porter of all initiatives on behalf of finding a The vote was taken by electronic de- Hunter Osborne Thurman cure for scleroderma, including an increase in vice, and there were—yeas 372, nays 0, Hyde Ose Tiahrt not voting 60, as follows: Inslee Otter Tiberi Federal funding for research on scleroderma Isakson Oxley Tierney as being conducted by the National Institutes [Roll No. 381] Israel Pallone Toomey of Arthritis and Musculoskeletal Skin Disease. YEAS—372 Issa Pascrell Turner I would also like to recognize the hard work of Istook Pastor Udall (CO) Abercrombie Bono Costello Jackson (IL) Paul Udall (NM) my Legislative Assistant, Annie Grace Toro, Ackerman Boozman Coyne Jackson-Lee Payne Upton on behalf of this bill. Aderholt Boswell Cramer (TX) Pelosi Visclosky Finally, I would like to thank the Allen Boucher Crane Jefferson Pence Vitter Andrews Boyd Crenshaw Scleroderma Foundation and the Scleroderma Jenkins Peterson (MN) Walden Armey Brady (PA) Cubin John Peterson (PA) Wamp Research Foundation for their dedication and Baca Brady (TX) Culberson Johnson (CT) Petri Watkins (OK) hard work on behalf of all individuals suffering Bachus Brown (OH) Cummings Johnson (IL) Phelps Watson (CA) Baird Brown (SC) Davis (CA) Johnson, E. B. Pickering Watt (NC) from scleroderma. Baker Bryant Davis (FL) Mr. BROWN of Ohio. Mr. Speaker, I Johnson, Sam Pitts Watts (OK) Baldacci Burr Davis (IL) Jones (OH) Platts Waxman yield back the balance of my time. Baldwin Burton Davis, Jo Ann Kanjorski Pombo Weiner Mr. FOSSELLA. Mr. Speaker, I yield Ballenger Buyer Deal Keller Pomeroy Weldon (FL) back the balance of my time. Barcia Camp DeFazio Kelly Portman Weldon (PA) The SPEAKER pro tempore (Mr. Barr Cannon DeGette Kennedy (MN) Price (NC) Weller Bartlett Cantor DeLauro Kerns Pryce (OH) Wexler QUINN). The question is on the motion Barton Capito DeLay Kildee Putnam Whitfield offered by the gentleman from New Bass Capps DeMint Kilpatrick Quinn Wicker York (Mr. FOSSELLA) that the House Becerra Capuano Deutsch Kind (WI) Radanovich Wilson (NM) Bentsen Carson (IN) Dicks suspend the rules and agree to the con- Kingston Rahall Wilson (SC) Bereuter Carson (OK) Dingell Kirk Ramstad Wolf current resolution, H. Con. Res. 320, as Berkley Castle Doggett Knollenberg Rangel Woolsey amended. Berman Chabot Doyle Kolbe Regula Wu The question was taken. Berry Chambliss Dreier Kucinich Rehberg Young (AK) Biggert Clay Duncan LaFalce Reyes Young (FL) The SPEAKER pro tempore. In the Bilirakis Clayton Dunn opinion of the Chair, two-thirds of Bishop Clyburn Edwards NOT VOTING—60 those present have voted in the affirm- Blagojevich Coble Ehlers Blumenauer Combest Emerson Akin Borski Cardin ative. Blunt Condit Engel Barrett Brown (FL) Clement Mr. FOSSELLA. Mr. Speaker, on Boehner Conyers English Boehlert Callahan Collins that I demand the yeas and nays. Bonilla Cooksey Eshoo Bonior Calvert Cox

VerDate Sep 04 2002 01:47 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.020 H10PT1 H6148 CONGRESSIONAL RECORD — HOUSE September 10, 2002 Crowley Kleczka Roukema DeFazio Keller Pryce (OH) Wilson (SC) Woolsey Young (AK) Cunningham LaTourette Sanders DeGette Kelly Putnam Wolf Wu Young (FL) Davis, Tom Linder Saxton DeLauro Kennedy (MN) Quinn Delahunt Lynch Schaffer DeLay Kerns Radanovich NOT VOTING—55 Diaz-Balart Maloney (NY) Serrano DeMint Kildee Rahall Akin Gibbons Riley Dooley Mascara Smith (MI) Deutsch Kilpatrick Ramstad Barrett Gutknecht Ros-Lehtinen Doolittle McCrery Souder Dicks Kind (WI) Rangel Boehlert Hastings (WA) Roukema Ehrlich Meeks (NY) Stump Dingell Kingston Regula Bonior Hilleary Schaffer Gibbons Miller, George Sununu Doggett Kirk Rehberg Borski Jones (NC) Serrano Gutknecht Miller, Jeff Sweeney Doyle Knollenberg Reyes Brown (FL) Kaptur Smith (MI) Hastings (WA) Mink Taylor (NC) Dreier Kolbe Reynolds Callahan Kennedy (RI) Souder Hilleary Morella Towns Duncan Kucinich Rivers Cardin King (NY) Stump Jones (NC) Obey Velazquez Clement Kleczka Dunn LaFalce Rodriguez Sununu Kaptur Owens Walsh Edwards LaHood Collins Lynch Roemer Sweeney Kennedy (RI) Riley Waters Ehlers Lampson Cox Maloney (NY) Rogers (KY) Taylor (NC) King (NY) Ros-Lehtinen Wynn Emerson Langevin Crowley Mascara Rogers (MI) Towns Engel Lantos Cunningham McCrery 1256 Rohrabacher Velazquez b English Larsen (WA) Ross Davis, Tom Meeks (NY) Eshoo Larson (CT) Delahunt Miller, George Walsh So (two-thirds having voted in favor Rothman Waters Etheridge Latham Roybal-Allard Diaz-Balart Miller, Jeff thereof) the rules were suspended and Dooley Mink Watkins (OK) Evans LaTourette Royce Doolittle Morella Wynn the resolution, as amended, was agreed Everett Leach Rush Ehrlich Owens to. Farr Lee Ryan (WI) The result of the vote was announced Fattah Levin Ryun (KS) Ferguson Lewis (CA) Sabo b 1305 as above recorded. Filner Lewis (GA) Sanchez Mr. THOMAS changed his vote from A motion to reconsider was laid on Flake Lewis (KY) Sanders ‘‘nay’’ to ‘‘yea.’’ the table. Fletcher Linder Sandlin Foley Lipinski Sawyer So (two-thirds having voted in favor f Forbes LoBiondo Saxton thereof) the rules were suspended and Ford Lofgren Schakowsky Fossella Lowey the bill, as amended, was passed. ANNOUNCEMENT BY THE SPEAKER Schiff Frank Lucas (KY) The result of the vote was announced PRO TEMPORE Schrock Frelinghuysen Lucas (OK) Scott as above recorded. The SPEAKER pro tempore (Mr. Frost Luther Sensenbrenner A motion to reconsider was laid on Gallegly Maloney (CT) QUINN). Pursuant to clause 8 of rule Sessions Ganske Manzullo the table. XX, the Chair will reduce to 5 minutes Shadegg Gekas Markey Shaw f the minimum time for electronic vot- Gephardt Matheson Shays ing on each additional motion to sus- Gilchrest Matsui Sherman Gillmor McCarthy (MO) PERSONAL EXPLANATION pend the rules on which the Chair has Sherwood Gilman McCarthy (NY) Mrs. MORELLA, Mr. Speaker, on rollcall postponed further proceedings. Gonzalez McCollum Shimkus Shows Nos. 378, 379, 380, 381 and 382, I was un- f Goode McDermott Goodlatte McGovern Shuster avoidably detained. Had I been present, I Gordon McHugh Simmons would have voted ‘‘yea.’’ PROVIDING TEMPORARY WAIVER Simpson FROM CERTAIN REQUIREMENTS Goss McInnis Graham McIntyre Skeen f UNDER CLEAN AIR ACT Granger McKeon Skelton Slaughter The SPEAKER pro tempore. The Graves McKinney EXPRESSING THE SENSE OF CON- Green (TX) McNulty Smith (NJ) GRESS REGARDING pending business is the question of sus- Smith (TX) Green (WI) Meehan SCLERODERMA pending the rules and passing the bill, Greenwood Meek (FL) Smith (WA) H.R. 3880, as amended. Grucci Menendez Snyder The SPEAKER pro tempore (Mr. Solis Gutierrez Mica QUINN). The pending business is the The Clerk read the title of the bill. Hall (TX) Millender- Spratt The SPEAKER pro tempore. The Hansen McDonald Stark question of suspending the rules and question is on the motion offered by Harman Miller, Dan Stearns agreeing to the concurrent resolution, the gentleman from Michigan (Mr. Hart Miller, Gary Stenholm H. Con. Res. 320, as amended. Hastings (FL) Mollohan Strickland UPTON) that the House suspend the Hayes Moore Stupak The Clerk read the title of the con- rules and pass the bill, H.R. 3880, as Hayworth Moran (KS) Sullivan current resolution. amended, on which the yeas and nays Hefley Moran (VA) Tancredo The SPEAKER pro tempore. The are ordered. Herger Murtha Tanner question is on the motion offered by Hill Myrick Tauscher This will be a 5-minute vote. Hilliard Nadler Tauzin the gentleman from New York (Mr. The vote was taken by electronic de- Hinchey Napolitano Taylor (MS) FOSSELLA) that the House suspend the vice, and there were—yeas 377, nays 0, Hinojosa Neal Terry rules and agree to the concurrent reso- Hobson Nethercutt not voting 55, as follows: Thomas lution, H. Con. Res. 320, as amended, on Hoeffel Ney Thompson (CA) [Roll No. 382] Hoekstra Northup Thompson (MS) which the yeas and nays are ordered. Holden Norwood YEAS—377 Thornberry The vote was taken by electronic de- Holt Nussle Thune vice, and there were—yeas 369, nays 2, Abercrombie Bishop Carson (IN) Honda Oberstar Thurman not voting 61, as follows: Ackerman Blagojevich Carson (OK) Hooley Obey Tiahrt Aderholt Blumenauer Castle Horn Olver Tiberi [Roll No. 383] Allen Blunt Chabot Hostettler Ortiz Tierney Andrews Boehner Chambliss Houghton Osborne YEAS—369 Toomey Armey Bonilla Clay Hoyer Ose Abercrombie Bereuter Burr Turner Baca Bono Clayton Hulshof Otter Ackerman Berman Burton Udall (CO) Bachus Boozman Clyburn Hunter Oxley Aderholt Berry Buyer Udall (NM) Baird Boswell Coble Hyde Pallone Akin Biggert Calvert Baker Boucher Combest Inslee Pascrell Upton Allen Bilirakis Camp Baldacci Boyd Condit Isakson Pastor Visclosky Andrews Bishop Cannon Baldwin Brady (PA) Conyers Israel Paul Vitter Armey Blagojevich Cantor Ballenger Brady (TX) Cooksey Issa Payne Walden Baca Blumenauer Capito Barcia Brown (OH) Costello Istook Pelosi Wamp Bachus Blunt Capps Barr Brown (SC) Coyne Jackson (IL) Pence Watson (CA) Baird Boehner Capuano Bartlett Bryant Cramer Jackson-Lee Peterson (MN) Watt (NC) Baker Bonilla Carson (IN) Barton Burr Crane (TX) Peterson (PA) Watts (OK) Baldacci Bono Carson (OK) Bass Burton Crenshaw Jefferson Petri Waxman Baldwin Boozman Castle Becerra Buyer Cubin Jenkins Phelps Weiner Ballenger Boswell Chabot Bentsen Calvert Culberson John Pickering Weldon (FL) Barcia Boucher Chambliss Bereuter Camp Cummings Johnson (CT) Pitts Weldon (PA) Barr Boyd Clay Berkley Cannon Davis (CA) Johnson (IL) Platts Weller Bartlett Brady (PA) Clayton Berman Cantor Davis (FL) Johnson, E. B. Pombo Wexler Barton Brady (TX) Clyburn Berry Capito Davis (IL) Johnson, Sam Pomeroy Whitfield Bass Brown (OH) Coble Biggert Capps Davis, Jo Ann Jones (OH) Portman Wicker Becerra Brown (SC) Combest Bilirakis Capuano Deal Kanjorski Price (NC) Wilson (NM) Bentsen Bryant Condit

VerDate Sep 04 2002 01:47 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.015 H10PT1 September 10, 2002 CONGRESSIONAL RECORD — HOUSE H6149 Conyers Jackson-Lee Peterson (PA) Weller Wilson (NM) Wu that the Senate has passed with an Cooksey (TX) Petri Wexler Wilson (SC) Young (AK) amendment in which the concurrence Costello Jefferson Phelps Whitfield Wolf Young (FL) Coyne Jenkins Pickering Wicker Woolsey of the House is requested, a bill of the Cramer John Pitts House of the following title: NAYS—2 Crane Johnson (CT) Platts H.R. 4687 An act to provide for the estab- Crenshaw Johnson (IL) Pombo Flake Paul Cubin Johnson, E. B. Pomeroy lishment of investigative teams to assess Culberson Johnson, Sam Portman NOT VOTING—61 building performance and emergency re- Cummings Jones (OH) Price (NC) Barrett Gutknecht Ros-Lehtinen sponse and evacuation procedure in the wake Cunningham Kanjorski Pryce (OH) Berkley Hastings (WA) Roukemay of any building failure that has resulted in Davis (CA) Keller Putnam Boehlert Hilleary Roybal-Allard substantial loss of life or that posed signifi- Davis (FL) Kelly Quinn Bonior Horn Schaffer cant potential of substantial loss of life. Davis (IL) Kennedy (MN) Radanovich Borski Hunter Serrano Davis, Jo Ann Kerns Rahall Brown (FL) Jones (NC) Shuster f Kildee Deal Ramstad Callahan Kaptur Slaughter DeFazio Kilpatrick Rangel b 1315 Cardin Kennedy (RI) Smith (MI) DeGette Kind (WI) Regula Clement King (NY) Souder DeLauro Kingston Rehberg Collins Kleczka REMEMBERING THOSE KILLED ON Stump DeLay Kirk Reyes Cox Lynch SEPTEMBER 11, 2001 DeMint Knollenberg Reynolds Crowley Maloney (NY) Sununu Deutsch Kolbe Rivers Davis, Tom Mascara Sweeney (Ms. JACKSON-LEE of Texas asked Dicks Kucinich Rodriguez Delahunt McCarthy (NY) Taylor (NC) and was given permission to address Dingell LaFalce Roemer Diaz-Balart McCrery Towns the House for 1 minute and to revise Doggett LaHood Rogers (KY) Dooley Meeks (NY) Velazquez Doyle Lampson Rogers (MI) Doolittle Miller, George Walsh and extend her remarks.) Dreier Langevin Rohrabacher Ehrlich Miller, Jeff Waters Ms. JACKSON-LEE of Texas. Mr. Duncan Lantos Ross Evans Mink Watson (CA) Speaker, in a solemn way I recognize Dunn Larsen (WA) Rothman Gibbons Owens Wynn that this week will be a week that Edwards Larson (CT) Royce Gutierrez Riley Ehlers Latham Rush America turns toward each other seek- Emerson LaTourette Ryan (WI) b 1314 ing to embrace and seeking to love, Engel Leach Ryun (KS) So (two-thirds having voted in favor mourning those whom we lost on Sep- English Lee Sabo tember 11, 2001, and celebrating the un- Eshoo Levin Sanchez thereof) the rules were suspended and Etheridge Lewis (CA) Sanders the concurrent resolution, as amended, sung heroes, and the families who have Everett Lewis (GA) Sandlin was agreed to. survived. Farr Lewis (KY) Sawyer The result of the vote was announced I stand before this House today to Fattah Linder Saxton simply offer my deepest sympathy and Ferguson Lipinski Schakowsky as above recorded. Filner LoBiondo Schiff The title of the concurrent resolution that of my constituents of the 18th Fletcher Lofgren Schrock was amended so as to read: ‘‘Concur- Congressional District of the State of Foley Lowey Scott Texas to all of those who experience Forbes Lucas (KY) Sensenbrenner rent resolution expressing the sense of Ford Lucas (OK) Sessions the Congress regarding scleroderma.’’. this great loss as we come upon Sep- Fossella Luther Shadegg A motion to reconsider was laid on tember 11, 2002. It is my desire to sim- Frank Maloney (CT) Shaw the table. ply offer these words of sympathy be- Frelinghuysen Manzullo Shays cause I love you and appreciate the Frost Markey Sherman Stated for: Gallegly Matheson Sherwood Mr. HORN. Mr. Speaker, on rollcall No. 383, sacrifice you made for this Nation. I Ganske Matsui Shimkus having been on official business, had I been conclude by simply saying, The Lord is Gekas McCarthy (MO) Shows my shepherd, I shall not want. Gephardt McCollum Simmons present, I would have voted ‘‘yea.’’ Gilchrest McDermott Simpson f f Gillmor McGovern Skeen Gilman McHugh Skelton PERSONAL EXPLANATION SPECIAL ORDERS Gonzalez McInnis Smith (NJ) Goode McIntyre Smith (TX) Mr. RILEY. Mr. Speaker, I was also un- The SPEAKER pro tempore (Mr. Goodlatte McKeon Smith (WA) avoidably detained for rollcall No. 378, on PENCE). Under the Speaker’s an- Gordon McKinney Snyder closing portions on the conference on H.R. nounced policy of January 3, 2001, and Goss McNulty Solis under a previous order of the House, Graham Meehan Spratt 5015, Department of Defense Appropriations Granger Meek (FL) Stark for Fiscal Year 2003. Had I been present I the following Members will be recog- Graves Menendez Stearns would have voted ‘‘yea.’’ nized for 5 minutes each. Green (TX) Mica Stenholm I was also unavoidably detained for rollcall Green (WI) Millender- Strickland f Greenwood McDonald Stupak No. 379, on motion to instruct conferees on Grucci Miller, Dan Sullivan H.R. 3210, the Trade Act of 2002. Had I been QUESTIONS THAT WILL NOT BE Hall (TX) Miller, Gary Tancredo present I would have voted ‘‘yea.’’ ASKED ON IRAQ Hansen Mollohan Tanner Harman Moore Tauscher I was also unavoidably detained for rollcall The SPEAKER pro tempore. Under a Hart Moran (KS) Tauzin No. 380, on approving the Journal. Had I been previous order of the House, the gen- Hastings (FL) Moran (VA) Taylor (MS) present I would have voted ‘‘yea.’’ tleman from Texas (Mr. PAUL) is recog- Hayes Morella Terry I was also unavoidably detained for rollcall Hayworth Murtha Thomas nized for 5 minutes. Hefley Myrick Thompson (CA) No. 381, H. Res. 513, Recognizing the Histor- Mr. PAUL. Mr. Speaker, soon we Herger Nadler Thompson (MS) ical Significance and Timeliness of the United hope to have hearings on the pending Hill Napolitano Thornberry States-Ireland Business Summit. Had I been war with Iraq. I am concerned that Hilliard Neal Thune Hinchey Nethercutt Thurman present I would have voted ‘‘yea.’’ there are some questions that will not Hinojosa Ney Tiahrt I was also unavoidably detained for rollcall be asked and maybe not even allowed Hobson Northup Tiberi No. 382, H.R. 3880, a Temporary Waiver for to be asked. Here are some questions I Hoeffel Norwood Tierney New York Areas for Clean Air Transportation Hoekstra Nussle Toomey would like answered by those who are Holden Oberstar Turner Conformity and Metropolitan Planning Re- anxious to start this war: Is it not true Holt Obey Udall (CO) quirements. Had I been present I would have that the reason we did not bomb the Honda Olver Udall (NM) voted ‘‘yea.’’ Soviet Union at the height of the Cold Hooley Ortiz Upton Hostettler Osborne Visclosky I was also unavoidably detained for rollcall War was because we knew they could Houghton Ose Vitter No. 383, H. Con. Res. 320, expressing the retaliate? Hoyer Otter Walden sense of the Congress regarding Scleroderma. Is it not also true that we are willing Hulshof Oxley Wamp Had I been present I would have voted ‘‘yea.’’ Hyde Pallone Watkins (OK) to bomb Iraq now because we know it Inslee Pascrell Watt (NC) f cannot retaliate, which just confirms Isakson Pastor Watts (OK) that there is no real threat? Israel Payne Waxman MESSAGE FROM THE SENATE Is it not true that those who argue Issa Pelosi Weiner Istook Pence Weldon (FL) A message from the Senate by Mr. that even with inspections we cannot Jackson (IL) Peterson (MN) Weldon (PA) Monahan, one of its clerks, announced be sure that Hussein might be hiding

VerDate Sep 04 2002 01:47 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.018 H10PT1 H6150 CONGRESSIONAL RECORD — HOUSE September 10, 2002 weapons, at the same time implying Is it not true that between 100,000 to Is it not true that the more civilized a society that we can be more sure that weapons 300,000 soldiers have suffered from Per- is, the less likely disagreements will be settled exist in the absence of inspections? sian Gulf War syndrome from the first by war? Is it not true that the U.N.’s Inter- Gulf War, and that thousands may have Is it not true that since World War II Con- national Atomic Agency was able to died? gress has not declared war and—not coinci- complete its yearly verification mis- Are we prepared for possibly thou- dentally—we have not since then had a clear- sion to Iraq just this year with Iraqi sands of American casualties in a war cut victory? cooperation? against a country that does not have Is it not true that Pakistan, especially Is it not true that the intelligence the capacity to attack the United through its intelligence services, was an active community has been unable to develop States? supporter and key organizer of the Taliban? a case tying Iraq to global terrorism at Are we willing to bear the economic Why do those who want war not bring a all, much less the attacks on the burden of a $100 billion war against Declaration of War Resolution to the floor? Iraq, with oil prices expected to sky- United States last year? Does anybody f remember that 15 of the 19 hijackers rocket and further rattle an already The SPEAKER pro tempore. Under a came from Saudi Arabia and that none shaky American economy? How about previous order of the House, the gen- came from Iraq? an estimated 30 years occupation of tleman from California (Mr. FILNER) is Was former CIA counterterrorism Iraq that some have deemed necessary recognized for 5 minutes. chief Vincent Cannistraro wrong when to build democracy there? (Mr. FILNER addressed the House. he recently said there was no con- Iraq’s alleged violations of U.N. reso- His remarks will appear hereafter in firmed evidence of Iraq’s links to ter- lutions are given as reason to initiate the Extensions of Remarks.) rorism? an attack, yet is it not true that hun- Is it not true that the CIA has con- dreds of U.N. resolutions have been ig- f cluded there is no evidence that a nored by various countries without The SPEAKER pro tempore. Under a Prague meeting between 9–11 hijacker penalty? previous order of the House, the gen- Atta and Iraqi intelligence took place? Did former President Bush not cite tleman from New Jersey (Mr. PALLONE) Is it not true that northern Iraq, the U.N. resolution of 1990 as the rea- is recognized for 5 minutes. where the administration claimed that son he could not march into Baghdad, (Mr. PALLONE addressed the House. al Qaeda was hiding out, was in control while supporters of a new attack assert His remarks will appear hereafter in of our allies, the Kurds? that is the very reason that we can the Extensions of Remarks.) Is it not true that the vast majority march into Baghdad? Is it not true that, contrary to cur- f of the al Qaeda leaders who escaped ap- The SPEAKER pro tempore. Under a pear to have safely made their way to rent claims, the no-fly zones were set up by Britain and the United States previous order of the House, the gen- Pakistan, another of our so-called al- tleman from California (Mr. SCHIFF) is lies? without specific approval by the United Nations? recognized for 5 minutes. Has anyone noticed that Afghanistan (Mr. SCHIFF addressed the House. is rapidly sinking into total chaos, If we claim membership in the international community and conform to its rules only when His remarks will appear hereafter in with bombings and assassinations be- the Extensions of Remarks.) coming daily occurrences; and that is it pleases us, does this not serve to under- according to a recent U.N. report, the mine our position, directing animosity toward f al Qaeda ‘‘is, by all accounts, ‘alive and us by both friend and foe? The SPEAKER pro tempore. Under a well’ and poised to strike again, how, How can our declared goal of bringing de- previous order of the House, the gentle- when and where it chooses’’? mocracy to Iraq be believable when we prop woman from California (Ms. Why are we taking precious military up dictators throughout the Middle East and MILLENDER-MCDONALD) is recognized resources away from tracking down support military dictators like Musharaf in Paki- for 5 minutes. those who did attack the United stan who overthrew a democratically elected (Ms. MILLENDER-MCDONALD ad- States, who may again attack the President? dressed the House. Her remarks will Are you familiar with the 1994 Senate Hear- United States, and using them to in- appear hereafter in the Extensions of ings that revealed the United States knowingly vade countries that have not attacked Remarks.) supplied chemical and biological materials to the United States? f Would an attack on Iraq not just con- Iraq during the Iran-Iraq war and as late as firm the Arabs’ worst suspicions about 1992—including after the alleged Iraqi gas at- NO LINK BETWEEN SADDAM the United States, and is this not just tack on a Kurdish village? HUSSEIN AND AL QAEDA Did we not assist Saddam Hussein’s rise to what Osama bin Laden wanted to have The SPEAKER pro tempore. Under a power by supporting and encouraging his in- happen? previous order of the House, the gen- vasion of Iran? Is it honest to criticize Saddam How can Hussein be compared to Hit- tleman from Oregon (Mr. DEFAZIO) is now for his invasion of Iran, which as the time ler when he has no navy or air force, recognized for 5 minutes. we actively supported? Mr. DEFAZIO. Mr. Speaker, today’s and now has an army one-fifth the size Is it not true that preventive war is synony- press reveals that the Bush administra- it was 12 years ago, which even then mous with an act of aggression, and has tion has decided that they can find no proved itself totally inept in defending never been considered a moral or legitimate linkage between Saddam Hussein and itself? U.S. policy? Is it not true that the constitutional Why do the oil company executives strongly al Qaeda, despite some of the offhand power to declare war is exclusively support this war if oil is not the real reason we remarks of Secretary Rumsfeld and given to Congress? Should presidents, plan to take over Iraq? Vice President CHENEY to the contrary. contrary to the Constitution, allow Why is it that those who never wore a uni- The intelligence agencies, turning all Congress to concur only when pres- form and are confident that they won’t have to of their resources to this, cannot find sured by public opinion? Are presidents personally fight this war are more anxious for existing links. permitted to rely on U.N. permission to this war than our generals? So that means that the President and go to war? What is the moral argument for attacking a his administration will have to make Are you aware of a Pentagon report nation that has not aggressed against us nor the case against Saddam Hussein to studying charges that thousands of is able to, even if it so wished? this Congress because the authoriza- Kurds in one village were gassed by Where does the Constitution grant us per- tion passed by this Congress last fall Iraqis, which found no conclusive evi- mission to wage war for any reason other than was for the President to respond to dence that Iraq was responsible, that self-defense? those who were involved in the attacks Iran occupied the very city involved, It it not true that a war against Iraq rejects and those who harbored or sponsored and that evidence indicated, according the sentiments of the time-honored Treaty of such attacks. That means a straight-up to this Pentagon report, the type of gas Westphalia, nearly 400 years ago, that coun- debate on the floor of the House of Rep- used was more likely controlled by tries should never go into another for the pur- resentatives, hopefully a free and fair Iran, not Iraq? pose of regime change? debate, over the wisdom of the first-

VerDate Sep 04 2002 01:56 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.049 H10PT1 September 10, 2002 CONGRESSIONAL RECORD — HOUSE H6151 ever preemptive war by the United So I have sent a letter to the Presi- during those scary times. I couldn’t be- States of America against Iraq. dent, signed by 17 other Members of lieve my ears,’’ she said. ‘‘He wanted to I believe that the burden the admin- Congress, which lays out a series of thank us? We should be thanking him. istration has to prove that the United about 20 questions that I believe are But how? How can I ever show him my States should break from all prece- critical that this administration ad- appreciation? dents in more than 200 years of history, dress before they would undertake to ‘‘At the end of the sales meeting he should break from all precedents set ask even for authorization for a pre- stepped quietly forward, no incredible lawfully under the United Nations con- emptive war, the first ever in our his- hulk. As a matter of fact, he looked all ventions since the end of World War II tory; and I am hopeful that the admin- the world 15 years old to me. and actually launch a preemptive war, istration will in good faith answer ‘‘This young Marine, this clean-faced is an extraordinary burden. They have those questions. Most of them are ques- boy, had no qualms stepping up to the to prove a very real, credible threat by tions that could be answered in public, plate and dodging bullets so that I may the Saddam Hussein regime. could be given to the American people, enjoy the freedom to live my peaceful Now Saddam Hussein is a despicable and could, if they answer them I be- life in the land of the free. No matter individual. He has murdered tens of lieve convincingly, as they have not the risk. Suddenly the most stressful thousands, and all effective opposition. thus far, lead to some sort of author- concerns of my life seemed as nothing. He has murdered people ethnically, re- ization from the United States Con- My complacency flew right out the ligiously. He has used weapons of mass gress. window with his every word. Some- destruction. He has an absolutely hor- But we cannot just sort of have this where, somehow, he had taken the rible record, and obviously we would shadow boxing and discussion in pri- words honor, courage and commitment not trust this gentleman one inch. vate. This is an extraordinary issue, a into his very soul and laid his life on But the question in this case becomes constitutional issue, an issue that the line daily for me and us. A man of what is different today than a year ago breaks with all precedent of this coun- principle. He wants to do it. Relishes or 2 years ago in terms of Saddam Hus- try; something that needs to be fully, it. And he came to thank us? For a few sein. It seems, when asked honestly freely, and fairly debated before the letters. I fought back the tears as he and privately, the generals and admi- American people before we commit our spoke so briefly and softly. rals at the Pentagon feel containment sons and daughters to lengthy involve- ‘‘He walked forward to our manager is working, that he did not pose a cred- ment in a war against Iraq and a subse- and placed a properly folded American ible and immediate threat to the quent occupation and rebuilding of flag in his hands. It had flown over the United States of America or its allies that country. We are not doing such a Embassy in Kabul. He said thanks in that region. again. You could hear a pin drop. As I So the question becomes then if he is great job of stabilizing and rebuilding looked around, I saw red faces every- credibly threatened with a preemptive Afghanistan. One has to question what we would do with a much larger nation where fighting back the tears. war, would he become more of a ‘‘In a heartbeat, my disillusionment threat? Then there is the issue of our in a much more volatile region of the world. with young people today quickly van- allies. Would any allies support the ished. In ordinary homes, in ordinary United States in this endeavor? Then f towns, kids like him are growing up there are the questions from 10 years A YOUNG MARINE RESTORED MY proud to be an American and willing to ago, the same questions that President FAITH die for it. Wow. We will frame the flag Bush’s father had to confront, and The SPEAKER pro tempore (Mr. and put it in the lobby. He only came Colin Powell as chairman of the joint PENCE). Under a previous order of the to my office once, for just a few min- chiefs, which is what if they went to utes, but I realize I rubbed shoulders Baghdad and took out Hussein, what House, the gentleman from Florida with greatness in the flesh and in the then? They were confronted with a (Mr. FOLEY) is recognized for 5 min- twinkling of an eye my life is forever long and problematic occupation of utes. Mr. FOLEY. Mr. Speaker, the ‘‘Or- changed. His name is Michael Mendez, Iraq and further destabilization in the region. And even with all the allies, in- ange Register’’ in California every a corporal in the United States Marine cluding Arab nations at the time, they week recognizes a writer who elo- Corps. We are a great Nation. We know felt it was not worth the risk of doing quently expresses a viewpoint or en- because the makings of it walked into that. genders a debate on a topic of public my office that day.’’ interest. It is known as the Golden Pen That is by Ann Baker of Huntington, b 1330 Award. California. I think that properly sum- Well, the same question needs to be The title of this letter to the editor marizes our Nation’s respect for the asked today. In fact, I witnessed on of the ‘‘Orange Register,’’ written by men and women in uniform. We take ‘‘Face the Nation,’’ where one Repub- Ann Baker, a real estate agent of Hun- for granted the sacrifices they and lican Senator said, ‘‘Well, we don’t tington Beach, California, is ‘‘A Young their families make to serve this coun- need any allies. We will just go and do Marine Restores My Faith.’’ try. We assume freedom comes without this. We will take them out.’’ And then ‘‘It was our normal Thursday morn- price at times; and September 11, he said, ‘‘We will rule Iraq.’’ ing business meeting at our real estate which we rapidly approach, taught us a I do not know who he has been talk- office. No big deal. Before the meeting, lesson, that America’s freedom depends ing to or what he is thinking, but the we hung around the bagel table, as on the strong and vigilant men and United States being involved inti- usual, with our coffee. He stood aside, women who fight our battles for our mately in that region and trying to looking a little shy and awkward and freedoms and fight for the integrity of rule a country, a very large country, in very young, a new face in the room full this Nation. an extraordinarily volatile area, is a of extroverted salespeople. An average Parents who allow their children to recipe for disaster. So they need not looking guy, maybe 5 foot 8 inches. A enter harm’s way for the flag that flies only a credible plan for what if and clean-cut, sweet-faced kid. I went over behind me do so knowing for the free- how and why; but they need to explain to chat with him. Maybe he was a new dom of a Nation men and women must that, both to Congress, some of it can salesman? offer themselves in sacrifice. Ann be confidentially, but, for the most ‘‘He said he was just back from Baker’s letter touched me as well be- part, these should be things that could Kabul, Afghanistan. A Marine. Our of- cause it signified from an average cit- be laid out. fice (and a local school) had been sup- izen that she recognized that day that Prime Minister Chretien said yester- portive by sending letters to him and that young man, Michael, who came to day that the President had nothing other troops, which he had posted at her office, changed her life; but it was new to say. It was just the same rhe- the American Embassy door in Kabul. also shaping the lives of future Amer- torical sort of ‘‘we have got to remove He stood guard there for 4 months and ican leaders. him sooner or later,’’ the same thing was shot at daily. We pray for the safety of our troops we have been hearing from Ms. Rice ‘‘He had come to our office to thank here and abroad; but we also thank and other advisers to the President. us for the support, for all the letters those special individuals who have

VerDate Sep 04 2002 01:56 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.055 H10PT1 H6152 CONGRESSIONAL RECORD — HOUSE September 10, 2002 character, who stand up for the flag under H. Con. Res. 353 for fiscal year 2003 REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE and the Nation and fight the good fight and fiscal years 2003 through 2007. ‘‘Discre- BUDGET—STATUS OF THE FISCAL YEAR 2003 CON- for all Americans. tionary action’’ refers to legislation enacted GRESSIONAL BUDGET ADOPTED IN H. CON. RES. 353 f [Reflecting action completed as of September 6, 2002—on-budget amounts, after the adoption of the budget resolution. A in millions of dollars] STATUS REPORT ON CURRENT separate allocation for the Medicare program, SPENDING LEVELS OF ON-BUDG- as established under section 231(d) of the Fiscal year Fiscal year 2003 2003–2007 ET SPENDING AND REVENUES budget resolution, is shown for fiscal year FOR FY 2003 AND THE 5-YEAR PE- Appropriate Level: 2003 and fiscal years 2003 through 2012. This Budget Authority ...... 1,784,073 (1) RIOD FY 2003 THROUGH FY 2007 comparison is needed to enforce section Outlays ...... 1,765,225 (1) Revenues ...... 1,531,893 8,671,656 The SPEAKER pro tempore. Under a 302(f) of the Budget Act, which creates a point Curent Level: previous order of the House, the gen- of order against measures that would breach Budget Authority ...... 1,045,600 (1) Outlays ...... 1,313,395 (1) tleman from Iowa (Mr. NUSSLE) is rec- the section 302(a) discretionary action alloca- Revenues ...... 1,535,638 8,695,897 ognized for 5 minutes. Current Level over (+)/ under (-) Appropriate tion of new budget authority for the committee Level: Mr. NUSSLE. Mr. Speaker, I am transmitting that reported the measure. It is also needed to Budget Authority ...... ¥738,473 (1) a status report on the current levels of on- Outlays ...... ¥451,830 (1) implement section 311(b), which exempts Revenues ...... 3,745 24,241 budget spending and revenues for fiscal year 2003 and for the five-year period of fiscal committees that comply with their allocations 1 Not applicable because annual appropriations Acts for fiscal years 2004 through 2007 will not be considered until future sessions of Congress. years 2003 through 2007. This report is nec- from the point of order under section 311(a). essary to facilitate the application of sections The third table compares the current levels BUDGET AUTHORITY 302 and 311 of the Congressional Budget Act of discretionary appropriations for fiscal year Enactment of measures providing new and section 301 of House Concurrent Resolu- 2003 with the ‘‘section 302(b)’’ suballocations budget authority for FY 2003 in excess of $738,473,000,000 (if not already included in the tion 353, which is currently in effect as a con- of discretionary budget authority and outlays current resolution on the budget in the House. current level estimate) would cause FY 2003 among Appropriations subcommittees. The budget authority to exceed the appropriate This status report is current through Sep- comparison is also needed to enforce section level set by H. Con. Res. 353. tember 6, 2002. OUTLAYS The term ‘‘current level’’ refers to the 302(f) of the Budget Act because the point of amounts of spending and revenues estimated order under that section equally applies to Enactment of measures providing new out- measures that would breach the applicable lays for FY 2003 in excess of $451,830,000,000 (if for each fiscal year based on laws enacted or not already included in the current level es- awaiting the President’s signature. section 302(b) suballocation. timate) would cause FY 2003 outlays to ex- The first table in the report compares the The fourth table gives the current level for ceed the appropriate level set by H. Con. Res. current levels of total budget authority, outlays, 2004 of accounts identified for advance appro- 353. and revenues with the aggregate levels set priations under section 301 of H. Con. Res. REVENUES forth by H. Con. Res. 353. This comparison is Enactment of measures that would result needed to enforce section 311(a) of the Budg- 353 printed in the CONGRESSIONAL RECORD on May 22, 2002. This list is needed to enforce in revenue reduction for FY 2003 in excess of et Act, which creates a point of order against $3,745,000,000 (if not already included in the measures that would breach the budget reso- section 301 of the budget resolution, which current level estimate) would cause revenues lution’s aggregate levels. The table does not creates a point of order against appropriation to fall below the appropriate level set by H. show budget authority and outlays for years bills that contain advance appropriations that Con. Res. 353. after fiscal year 2003 because appropriations are: (i) not identified in the statement of man- Enactment of measures providing in revenue reduction for the period FY 2003 for those years have not yet been considered. agers or (ii) would cause the aggregate The second table compares the current lev- through 2007 in excess of $24,241,000,000 (if not amount of such appropriations to exceed the already included in the current level esti- els of budget authority and outlays for discre- level specified in the resolution. mate) would cause revenues to fall below the tionary action by each authorizing committee appropriate levels set by H. Con. Res. 353. with the ‘‘section 302(a)’’ allocations made DIRECT SPENDING LEGISLATION—COMPARISON OF CURRENT LEVEL WITH AUTHORIZING COMMITTEE 302(a) ALLOCATIONS FOR DISCRETIONARY ACTION, REFLECTING ACTION COMPLETED AS OF SEPTEMBER 6, 2002 [Fiscal years, in millions of dollars]

2003 2003–2007 total 2003–2012 total House Committee BA Outlays BA Outlays BA Outlays

Agriculture: Allocation ...... 7,825 7,271 37,017 34,479 (2) (2) Current Level 1 ...... 8,532 8,406 49,206 47,592 (2) (2) Difference ...... 707 1,135 12,189 13,113 (2) (2) Armed Services: Allocation ...... 516 516 5,804 5,804 (2) (2) Current Level ...... 0 0 0 0 (2) (2) Difference ...... ¥516 ¥516 ¥5,804 ¥5,804 (2) (2) Education and the Workforce: Allocation ...... 0 0 0 0 (2) (2) Current Level ...... 0 0 0 0 (2) (2) Difference ...... 0 0 0 0 (2) (2) Energy and Commerce: Allocation ...... 95 59 2,709 2,649 (2) (2) Current Level ...... 776 776 ¥795 ¥795 (2) (2) Difference ...... 681 717 ¥3,504 ¥3,444 (2) (2) Financial Services: Allocation ...... 0 0 0 0 (2) (2) Current Level ...... 40 36 404 395 (2) (2) Difference ...... 40 36 404 395 (2) (2) Government Reform: Allocation ...... 0 0 0 0 (2) (2) Current Level ...... 0 0 0 0 (2) (2) Difference ...... 0 0 0 0 (2) (2) House Administration: Allocation ...... 0 0 0 0 (2) (2) Current Level ...... 0 0 0 0 (2) (2) Difference ...... 0 0 0 0 (2) (2) International Relations: Allocation ...... 0 0 0 0 (2) (2) Current Level ...... 0 0 0 0 (2) (2) Difference ...... 0 0 0 0 (2) (2) Judiciary: Allocation ...... 0 0 0 0 (2) (2) Current Level ...... 0 0 0 0 (2) (2) Difference ...... 0 0 0 0 (2) (2) Resources: Allocation ...... 0 0 700 700 (2) (2) Current Level ...... 0 0 0 0 (2) (2)

VerDate Sep 04 2002 01:55 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.056 H10PT1 September 10, 2002 CONGRESSIONAL RECORD — HOUSE H6153 DIRECT SPENDING LEGISLATION—COMPARISON OF CURRENT LEVEL WITH AUTHORIZING COMMITTEE 302(a) ALLOCATIONS FOR DISCRETIONARY ACTION, REFLECTING ACTION COMPLETED AS OF SEPTEMBER 6, 2002—Continued [Fiscal years, in millions of dollars]

2003 2003–2007 total 2003–2012 total House Committee BA Outlays BA Outlays BA Outlays

Difference ...... 0 0 ¥700 ¥700 (2) (2) Science: Allocation ...... 0 0 0 0 (2) (2) Current Level ...... 0 0 0 0 (2) (2) Difference ...... 0 0 0 0 (2) (2) Small Business: Allocation ...... 0 0 0 0 (2) (2) Current Level ...... 0 0 0 0 (2) (2) Difference ...... 0 0 0 0 (2) (2) Transportation and Infrastructure: Allocation ...... 0 0 17,476 0 (2) (2) Current Level ...... 0 0 0 0 (2) (2) Difference ...... 0 0 ¥17,476 0 (2) (2) Veterans’ Affairs: Allocation ...... 0 0 0 0 (2) (2) Current Level ...... 0 0 0 0 (2) (2) Difference ...... 0 0 0 0 (2) (2) Ways and Means: Allocation ...... 2,203 174 7,855 5,861 (2) (2) Current Level ...... 388 312 3,018 2,876 (2) (2) Difference ...... ¥1,815 138 ¥4,837 ¥2,985 (2) (2) Medicare: Allocation ...... 4,650 4,575 (2) (2) 347,270 347,270 Current Level ...... 0 0 (2) (2) 0 0 Difference ...... ¥4,650 ¥4,575 (2) (2) ¥347,270 ¥347,270 1 HR2646, the Farm Security and Rural Investment Act of 2002, was enacted May 13, 2002, prior to the adoption of the FY2003 House Budget Resolution on May 22, 2002. 2 Not applicable.

DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2003—COMPARISON OF CURRENT LEVEL WITH APPROPRIATIONS SUBCOMMITTEE 302(b) SUBALLOCATIONS [In millions of dollars]

Revised 302(b) suballocations as of Current level reflecting action com- Current level minus suballocations 1 Appropriations Subcommittee July 11, 2002 (H. Rpt. 107–567) pleted as of September 6, 2002 BA OT BA OT BA OT

Agriculture, Rural Development ...... 17,601 17,907 12 5,020 ¥17,589 ¥12,887 Commerce, Justice, State ...... 40,303 43,104 0 13,755 ¥40,303 ¥29,349 National Defense ...... 354,447 346,110 0 105,059 ¥354,447 ¥241,051 District of Columbia ...... 517 581 0 112 ¥517 ¥469 Energy & Water Development ...... 26,027 25,824 0 8,876 ¥26,027 ¥16,948 Foreign Operations ...... 16,350 16,481 0 10,650 ¥16,350 ¥5,831 Interior ...... 19,730 19,369 36 6,431 ¥19,694 ¥12,938 Labor, HHS & Education ...... 129,902 125,701 19,128 84,594 ¥110,774 ¥41,107 Legislative Branch ...... 3,413 3,467 0 612 ¥3,413 ¥2,855 Military Construction ...... 10,083 10,058 0 7,349 ¥10,083 ¥2,709 Transportation 2 ...... 19,411 60,767 20 38,860 ¥19,391 ¥21,907 Treasury-Postal Service ...... 18,501 18,237 45 4,375 ¥18,456 ¥13,862 VA–HUD–Independent Agencies ...... 91,811 97,713 3,448 53,158 ¥88,363 ¥44,555 Unassigned ...... 0 271 0 ¥227 0 ¥498 Grand Total ...... 748,096 785,590 22,689 338,624 ¥725,407 ¥446,966 1 The House Budget Committee has revised the 302(a) allocation for outlays to reflect the difference between the House-passed and enacted versions of HR 4775, making supplemental appropriations for further recovery from and response to terrorist attacks on the United States. That adjustment, which equals—$2,322 million, has not yet been reflected in the 302(a) suballocations. 2 Does not include mass transit BA.

Statement of FY2004 advance appropriations Budget authority the Budget for Fiscal Year 2003. The budget under section 301 of H. Con. Res. 353 reflect- Veterans, Housing and Urban resolution figures incorporate revisions sub- ing action completed as of September 6, 2002 Development Subcommittee: mitted by the Committee on the Budget to [In millions of dollars] Section 8 Renewals ...... 0 the House to reflect funding for emergency Budget authority Total ...... 0 requirements. These revisions are required Appropriate Level ...... 23,178 by section 314 of the Congressional Budget Current Level over (+)/under (-) Act, as amended. Current Level: Appropriate Level ...... ¥23,178 Labor, Health and Human Serv- Since my last letter dated July 12, 2002, the ices, Education Sub- Congress has cleared and the President has U.S. CONGRESS, committee: signed the following acts that changed budg- CONGRESSIONAL BUDGET OFFICE, Employment and Training Washington, DC, September 9, 2002. et authority, outlays, or revenues for 2003: Administration ...... 0 Hon. JIM NUSSLE, the Sarbanes-Oxley Act of 2002 (Public Law Education for the Disadvan- 107–204), the 2002 Supplemental Appropria- taged ...... 0 Chairman, Committee on the Budget, House of tions Act for Further Recovery From and School Improvement ...... 0 Representatives, Washington, DC. Children and Family Services DEAR MR. CHAIRMAN: The attached report Response to Terrorist Acts on the United (head start) ...... 0 shows the effects of Congressional action on States (Public Law 107–206), and the Trade Special Education ...... 0 the fiscal year 2003 budget and is current Act of 2002 (Public Law 107–210). The effects Vocational and Adult Edu- through September 6, 2002. This report is of these new laws are identified in the en- submitted under section 308(b) and in aid of cation ...... 0 closed table. Transportation Subcommittee: section 311 of the Congressional Budget Act, Sincerely, Transportation (highways; as amended. BARRY B. ANDERSON transit; Farley Building) ...... 0 The estimates of budget authority, out- (For Dan L. Crippen, Director). Treasury, General Government lays, and revenues are consistent with the Subcommittee: Payment to technical and economic assumptions of H. Attachment. Postal Service ...... 0 Con. Res. 353, the Concurrent Resolution on FISCAL YEAR 2003 HOUSE CURRENT LEVEL REPORT AS OF SEPTEMBER 6, 2002 [In millions of dollars]

Budget authority Outlays Revenues

Enacted in previous sessions: Revenues ...... 0 0 1,536,324 Premanents and other spending legislation ...... 1,090,473 1,038,707 0

VerDate Sep 04 2002 01:55 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.029 H10PT1 H6154 CONGRESSIONAL RECORD — HOUSE September 10, 2002 FISCAL YEAR 2003 HOUSE CURRENT LEVEL REPORT AS OF SEPTEMBER 6, 2002—Continued [In millions of dollars]

Budget authority Outlays Revenues

Appropriation legislation ...... 0 313,127 0 Offsetting receipts ...... ¥346,866 ¥346,866 0 Total, previously enacted ...... 743,607 1,004,968 1,536,324

Enacted this session: Job Creation and Worker Assistance Act of 2002 (P.L. 107–147) ...... 3,524 3,587 0 Farm Security and Rural Investment Act of 2002 (P.L. 107–171) ...... 8,532 8,406 0 Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (P.L. 107–188) ...... 110 Auction Reform Act of 2002 (P.L. 107–195) ...... 775 775 0 Sarbanes-Oxley Act of 2002 (P.L. 107–204) ...... 40 36 43 2002 Supplemental Appropriations Act for Further Recovery from and Response to Terrorist Acts on the United States (P.L. 107–206) ...... 0 8,342 ¥60 Trade Act of 2002 (P.L. 107–210) ...... 388 312 ¥699 Total, enacted this session ...... 13,260 21,459 ¥686

Entitlements and Mandatories: Budget resolution baseline estimates of appropriated entitlements and other mandatory programs not yet enacted ...... 288,733 286,968 0 Total Current Level ...... 1,045,600 1,313,395 1,535,638 Total Budget Resolution ...... 1,784,073 1,765,225 1,531,893 Current Level Over Budget Resolution ...... 0 0 3,745 Current Level Under Budget Resolution ...... ¥738,473 ¥451,830 0 Memorandum: Revenues, 2003–2007: House Current Level 1 ...... 0 0 8,695,897 House Budget Resolution ...... 0 0 8,671,656 Current Level Over Budget Resolution ...... 0 0 24,241 1 The revenue effects of the Clergy Housing Allowance Clarification Act of 2002 (P.L. 107–181) begin in 2004 and are included in this revenue figure. Notes.—P.L. = Public Law. Section 314 of the Congressional Budget Act, as amended, requires that the House Budget Committee revise the budget resolution to reflect funding provided in bills reported by the House for emergency requirements. To date, the Budget Committee has increased the outlay allocation in the budget resolution by $8,793 million for this purpose. Of this amount, $400 million is not included in the current level because the funding has not yet been enacted. Source: Congressional Budget Office. h IMMIGRATION CONCERNS The Tohono O’odham are the second A 28-year-old park ranger was killed. The SPEAKER pro tempore. Under largest tribe in the United States, sec- He was killed in the line of duty. He the Speaker’s announced policy of Jan- ond only to the Navajo; and they have laid down his life in the defense of oth- uary 3, 2001, the gentleman from Colo- been living peacefully in this area for ers, in the defense of this country, just rado (Mr. TANCREDO) is recognized for centuries. But in the last several exactly the same way men and women 60 minutes as the designee of the ma- months, things have gotten very, very in Afghanistan, in the Gulf War, in jority leader. bad in this particular area as a result wars throughout our history have done. Mr. TANCREDO. Mr. Speaker, I rise of the fact that there have been some Yet very little has been heard about this afternoon in order to bring to the efforts on the part of the INS, and also his death here in this country, very lit- attention of the body a serious, in fact the Border Patrol, to strengthen our tle news has been made by this death, I think an extremely dangerous, prob- border security posts around Nogales and I wonder why. lem that the United States faces in the and Tucson and San Diego. As a result, Well, I am here today, along with my area of immigration and immigration we have created sort of a funnel effect friend and colleague, the gentleman reform and specifically the problems where 1,500 people a day are now com- from Michigan (Mr. HOEKSTRA), who we face on our borders with people ing across that 76-mile border, coming has in his district the parents of Mr. coming across this country without across illegally, through the Tohono Eggle; and we are here today to make our permission, people we do not know, O’odham Indian Reservation and up sure that people do hear about this people we do not know why they are into Arizona, and, of course, spreading event and that we do bring to the at- coming, we do not know who they are, across the United States. tention of the Nation and our col- we do not know what they are going to These are not just people looking for leagues the fact that people like Mr. do here; and they are coming through a job. They are not just folks coming Eggle are in fact putting their lives on in huge numbers. because they are seeking the American the line on our borders; and they de- The face of illegal immigration in my dream. These people, many of them are serve every bit as much of our support district may be people wanting to do coming because they are transporting and attention and concern as we ap- work in the entertainment industry, drugs, working for Mexican drug car- proach 9–11 as all of the other folks people wanting to do work in the land- tels. Many of them are coming for pur- who heroically defend America, wheth- scaping area, people working in res- poses, as I say, that have nothing to do er they are the fire and police people in taurants; but the face of illegal immi- with the benign or even, some might New York, or whether they are our gration on the borders is much uglier, suggest, positive intent of seeking troops that are perhaps being readied much nastier. work in the United States. to go off to war in Iraq. The face of illegal immigration on Just a few weeks ago, in this same b 1345 our borders is one of murder, one of area, we had a situation where two We need to bring Mr. Eggle and his drug smuggling, one of vandalism for Mexicans had committed a series of comrades to the attention of our body. all the communities along the border, murders in Mexico that were connected Mr. Speaker, I yield to the gentleman and one of infiltration of people com- to drug activity. These people were evi- from Michigan (Mr. HOEKSTRA) to also ing into this country for purposes to do dently professional assassins. They say a few words here in this regard. us great harm. Most recently, an inci- killed four people in Mexico that were Mr. HOEKSTRA. Mr. Speaker, I dent occurred in Arizona near the in a rival gang, in a rival drug cartel; thank my colleague for yielding, and I Organ Pipe Cactus National Monument and they were escaping into the United think that over the last period of time that I want to begin our discussion States where they were confronted by a my colleague has been heroic in his ef- with today. member of the Border Patrol and a forts to educate the Congress on the The situation in that part of the member of the Park Service, a park challenges that face our Nation as a re- country is actually incredible. I cannot ranger. sult of the conditions on our border. think of a way to describe it except to When they stepped out of their cars, The conditions as we view them, the say that we are under siege, that there when our folks stepped out of their face of illegal immigration is one is an invasion. Near the Tohono cars to go and confront these people, thing. In West Michigan it is another O’odham Indian Reservation in Ari- they were met by two individuals who when one actually takes a look at it zona, we have about a 76-mile cotermi- opened fire with automatic weapons; from the border and it is a very dif- nous border with Mexico and this par- and one man, Christopher Eggle, was ferent reality that Kris Eggle faced in ticular reservation. killed. August.

VerDate Sep 04 2002 01:55 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.033 H10PT1 September 10, 2002 CONGRESSIONAL RECORD — HOUSE H6155 Let me give a little bit of background been stationed for 2 years, Organ Pipe that we give Kris’s coworkers the re- about Kris. Kris was a 28-year-old Na- Cactus National Monument in southern sources, the protection, and whatever tional Park Service ranger. He was as- Arizona, is considered the most dan- tools they need to minimize the risk signed to the Organ Pipe Cactus Na- gerous national park system in the Na- that national park rangers take. They tional Monument at the time of his tion, according to a national survey know the risks when they take the job. death. My colleague has given us a lit- conducted by the Fraternal Order of They are armed, they are given bullet- tle bit of the details about that, but if Police. It is a magnet for illegal aliens proof vests. But we need to make sure we go back, Kris was one of the best of and Mexican smugglers; some 200,000 il- that we give them a job that minimizes the best. He graduated as valedictorian legal border-crossers and 700,000 pounds that risk, that we really do have border of Cadillac High School in 1991. He was of drugs were intercepted at the park security. I am sure my colleague may an accomplished cross-country runner last year. touch on that, but when we take a look at Cadillac High School. He went on to ‘‘Nonetheless, Eggle embraced his at the issues that are associated with be a top cross-country runner at the job. He was always cheerful, his co- the border there, we recognize that we University of Michigan, where he grad- workers said. A ‘model citizen.’ A have given Kris and his coworkers a uated with honors in 1995. ‘quintessential American boy-turned- very, very tough and very, very dif- After the graduation he chose Gov- ranger.’ He baked chocolate chip cook- ficult job. A small number of national ernment service as the field where he ies for fellow rangers and entertained park rangers supported and com- was going to commit his life to. He them with songs while on duty. Eggle’s plemented with border patrol folks, but joined the National Park Service. He father, Robert, said, ‘Kris was where he a small number of park rangers and 80 served at the Sleeping Bear Dunes Na- wanted to be, and he did what he want- border patrol folks is a small number tional Lakeshore, where he served as a ed to do.’ A native of Cadillac, Michi- compared to 200,000 illegal aliens, many ranger on both the North and South gan, where he grew up on his family’s of whom are Mexican nationals who are Manitou Island. He had been stationed 130-year-old farm, Eggle was an Eagle coming to America, looking for a bet- in Arizona since 2000. That is a little Scout, a high school valedictorian, a ter life and really with no intent to do any harm or danger to our folks patrol- bit of background about Kris Eggle. devout Baptist, and a champion cross- ling the border, but a small number of A little bit of background on Organ country runner for the University of whom have used that border location Pipe Cactus National Monument. It is Michigan. Former coworkers called the and that border-crossing as a market of one of our finest national parks. It has fleet-footed Eggle the ‘Coyote’ in honor over, I believe, 327,000 visitors per year. opportunity, coming across the border of his running prowess. in SUVs, coming across the border It is just an awesome area that my col- ‘‘On August 9, Eggle’s speed and dedi- heavily armed and with one intent, to league has visited on a number of occa- cation may have cost him his life. He get the drugs to market at whatever sions that we are trying to preserve. and three U.S. border patrol officers re- the cost. And if the costs are the lives The disappointing thing is that over sponded after Mexican police reported of our national park rangers, our bor- the last number of years as our border that two armed fugitives had fled der patrol agents, or a gunfight with patrol has tried to control illegal im- across the border into the U.S. A bor- these individuals, those individuals are migration and illegal border crossings der patrol helicopter gave chase and di- willing to take that risk and kill at the urban centers, what that has re- rected Eggle and the other officers to Americans for them to move their sulted in is that we have not stopped where three suspects had ditched their drugs into our cities, into our commu- the illegal border crossings as we have vehicle. The American officers pursued nities, into our schools, and to our just moved them from one part of the the fugitives on foot as they ran into kids. border to the other, and in this case we nearby bushes. One of the Mexican na- Kris was at the front line trying to moved them to Kris. tionals was caught; in the attempt to make sure that that did not happen. To I met with some of his supervisors apprehend the other two, Eggle was him we owe a great debt of gratitude, this morning who indicated that one of ambushed and shot by one of the sus- to his service. We extend our deepest the reasons that these types of individ- pects with an AK–47. sympathy to his family, his coworkers, uals were in the area, these types of hit ‘‘The gunfire hit Eggle below his bul- and all that knew Kris, and I think men, is that individuals like Kris were letproof vest. He died at the scene be- that this Congress then also owes the maybe doing their job too well. Last fore an emergency helicopter arrived. family, the national park rangers, and year they seized close to 750,000 pounds At the memorial service in tiny Ajo, American communities and schools and of drugs in the park, and this is the Arizona, this week, Eggle’s casket was our children all over America the com- reason that folks on the south side of draped with an American flag and mitment that we will do what needs to the border were maybe behind in their topped with the Stetson hat he wore on be done on the border to ensure that drug payments and these types of the job.’’ He was buried in his home- these types of incidents hopefully will things which got them in trouble. But town in Cadillac, Michigan, following be eliminated or will be minimized. We folks like Kris were going about doing services there. know we can do it. The reason that their job and going above and beyond Kris Eggle, after graduating, decided there are fewer illegal border-crossings doing their job. Kris’s love was the en- that he would serve the country that in the urban areas is that we put a vironment, in making sure that Organ he loved. The folks that knew Kris said focus and an emphasis on that. We now Pipe Cactus National Monument lived that he had one of the brightest futures need to provide the border patrol and up to our expectations for what we possible at the National Park Service. the national park service with the want our national parks to be. The award that he is shown receiving same resources that are essential to As the border crossings and the ille- here I believe was given to him in Ari- close and protect this section of the gal border crossings moved over to zona because where he earned the border as well as other sections of the Organ Pipe, what he found was that he awards were during a training session, border because as I talked with the not only had to deal with 327,000 legal and rather than staying for the awards rangers this morning, they recognize visits to the park, he also had to deal portion of the training session, he said that if they close the border and are with over 200,000 illegal aliens. ‘‘I want to get back to Organ Pipe. I successful in getting the funding to Let me read a little bit about what want to get back to my job. I want to make the border secure along Organ Michelle Malkin says about what hap- get back to my coworkers. I want to Pipe, that does not solve the problem. pened here. She writes and she talks get back and do the job that I have It may solve it for them, but they rec- about why Kris did not get much atten- been hired to do.’’ ognize that that is not enough because tion, or his death, while other seem- Kris, like all other fellow employees, the land directly adjacent to Organ ingly less important events get more took an oath to swear his allegiance to Pipe I believe is controlled by the Fish focus in today’s society. Whereas some- this country. Kris did his job. He did it and Wildlife Service. So they do not one like Kris is a true hero, some oth- magnificently. want to put their folks at the Fish and ers that maybe make the national The challenge that my colleague Wildlife Service at risk just because media are not. Here is part of what she from Colorado and that Kris’s parents they have gotten the resources to se- had written: ‘‘The park where Kris had have laid out to me is let us make sure cure the border here.

VerDate Sep 04 2002 01:56 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.059 H10PT1 H6156 CONGRESSIONAL RECORD — HOUSE September 10, 2002 Mr. Speaker, I would like to thank needs to do in order to assure that We need to make sure that if we are my colleague for giving me time, for someone else’s son or daughter does going to declare these kinds of wars, sharing this, and for the commitment not face the same fate. that we need to be serious about equip- that he made. He made the commit- We are at war on our borders. There ping them and giving them all of the ment to be in Arizona before this inci- is no other way of describing it. We ask resources that are necessary to fight dent ever happened. He has been back men and women to go down there and the war effectively. We cannot have in Washington showing us pictures of put their lives on the line, just like we them go in without the proper re- the border, describing the conditions, ask men and women to do it in the sources, and I think this is an area telling us what has been going on Armed Forces of the United States. where we need to take a look that says there. I believe he was at Organ Pipe But the difference with the war on our that we have declared a war on drugs, just briefly or shortly before these borders and perhaps the war that we we have had it for a long time, but are tragic events of August 9, and he also are pressing, let us say, against ter- we really properly equipping our bor- took the time, the effort, and the en- rorism is that I do not know if we have ders to stop the flow of drugs into this ergy that he attended the services back the will as a government to actually country when through this 30-mile in Arizona for Kris, and I very much win that war. stretch of border there are, what is it, appreciate the gentleman’s doing that I yield to the gentleman from Michi- eight to 10 national park rangers and being a representative of this Con- gan (Mr. HOEKSTRA). there? Mr. HOEKSTRA. Mr. Speaker, I gress to the National Park Service, to Mr. TANCREDO. Mr. Speaker, I would like to just build off of that com- Kris’s family, in demonstrating our would tell the gentleman, it is nine ment. rangers. concern and our commitment to them, Obviously, today is September 10. Mr. HOEKSTRA. Nine rangers, along and I can personally convey to him September 11 we will again remember, with some Border Patrol, who have their appreciation for his being there as we have for almost every day over pretty much single-handedly stopped and participating and leading these ef- the last year, the heroism of the fire- over close to three-quarters of a mil- forts to make sure that the risks of fighters and the emergency personnel lion pounds of drugs, 700,000 to 750,000 something like this happening in the in New York City; the same at the Pen- pounds of drugs, in a single year. future will be very, very much reduced. tagon; the folks on United Flight No. Mr. TANCREDO. Reclaiming my 1400 93. They very much deserve that rec- b time, Mr. Speaker, it is a fascinating ognition, and I am pleased that we are I thank my colleague, the gentleman thing, because I do not know if a lot of able to do that. We recognize that we from Colorado (Mr. TANCREDO), very our colleagues, and I certainly do not are now in a war on terrorism. much. believe a lot of the citizens of the Mr. TANCREDO. Mr. Speaker, I But as we have noticed, during the month of August, I had the opportunity United States, know the exact situa- thank my dear friend and colleague, tion that we face on these borders, in the gentleman from Michigan (Mr. to travel to central Asia and met with our troops in Uzbekistan, met with our our parks and in our national monu- HOEKSTRA). ments. This is something that, when I say it troops in Afghanistan, saw our troops on the U.S.S. saw Not too long ago I went down to the is a pleasure in terms of being able to George Washington, them in Bahrain. There are a whole lot Coronado National Forest, not too far represent this body, it is certainly not of people who have their lives on the from Organ Pipes. The Coronado is one a pleasurable experience, but being front line each and every day in central of the oldest national forests in the able to represent us at the funeral of Asia. Then we have individuals like land. In 1906 it was created, a beautiful, Kris Eggle, I was glad to be able to do Kris, who have their lives on the line beautiful environment that is being that, because I wanted his parents to each and every day along our borders. completely despoiled by the same see that someone does know, someone America has so many people to be thing, by massive numbers of people does care; that the Congress of the grateful for who are willing to make coming across illegally. United States, at least many Members that sacrifice and that commitment to These people find that the terrain is of it, are well aware of the sacrifice, our country. They have very, very rugged. They can hide more easily; and the ultimate sacrifice that was given many different faces. It is the responsi- now actually we can fly over that and by their son, Kris, and by them giving bility of this Congress that in each of we can see where tracks have been their son in that regard. those wars that we are engaged in, worn into the land by so many people, The statements that were made that whether it is the war on homeland se- by hundreds of thousands of people, so day, it was an enormously emotional curity to make sure that we are safe in it looks actually like a spider web funeral, as Members can imagine, of a our homes and in our communities, and going out all over that particular for- young man well loved by all of his col- those are emergency first responders; est area. Those tracks will not go away leagues. There must have been a couple whether it is the face of the American for many, many, many years. of hundred people there, 90 percent of troops that have taken the war to the Then they make a track and they whom were members of the Border Pa- terrorists, they have their lives on the think that we monitor it, so they will trol, members of the Park Service, For- line; or whether it is the individuals move over a little bit and move over a est Service employees and customs like Kris, who maybe come into a war little. They think we put sensors out, agents, all of them comrades-in-arms unexpectedly, who are going in and so it just spreads out like that. with Kris, and all of them talking wanting to protect our national envi- Trash, and it is the same thing in all about him in the most loving and glow- ronmental treasures and are finding our national parks in this area, the ing terms, those that knew him person- out that all of a sudden they are in the trash is enormous. The problem is with ally. drug war, we need to remember each of plastic water bottles strewn every- I remember his colleagues talking these. where, hundreds of thousands, and about how each day they would go out It is a commitment and responsi- clothing just tossed aside. They come and he would be so enthusiastic about bility of Congress that in each of these through and they start warming fires the job, about his responsibilities for situations where we ask our young men in the night and walk away in the the day. He would turn to his colleague and women, and Kris was maybe one of morning leaving them go. and his co-worker and almost every the older ones. He was 28, and he would When we got back from the Coro- day say something to the effect of, is have been 29 on his parents’ anniver- nado, we left on a Sunday morning, and there anything I can do for you today? sary in the month of August. If we take by the time we had gotten back, when That was one way of describing what a look at the young people on the I got back home to Colorado, 35,000 Kris was like. U.S.S. George Washington, more than acres had been consumed in Coronado I also remember that his supervisor, 5,000, and I call them kids, because the by one of these fires. the head of the Park Service in that average age is 20 years old, and my old- I am told by these folks who have area, got up and said, this death cannot est daughter is 20, we ask our young been fighting these incursions, I guess be in vain. We have to recognize that people, in many cases, to fight our there is no other way to put it, for there are things that this country wars. years, that we have always had a lot of

VerDate Sep 04 2002 01:37 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.060 H10PT1 September 10, 2002 CONGRESSIONAL RECORD — HOUSE H6157 people bringing drugs through in our visit them as often as I could during and I know the gentleman is not, and I southern and northern borders; and, by the break, both borders. But they need know there are other Members of this the way, it is not unique to the south- help. They cannot do this alone. We body who are not afraid to address this ern border, but before when they would have asked them to try to hold back a issue. There are hundreds of thousands confront them, by and large they would flood, and we have given them a sieve. of people like Kris who serve every day drop what they were carrying. Unfortunately, this flood is getting on that line who look to us for that They carry these 60- or 70-pound more dangerous all the time. Not a kind of leadership and support. They loads on their backs in these home- month prior to this particular event, or see us as their only hope to ever get made backpacks, which, by the way, no, I am sorry, it was May 27, again, the job done. once they get to a part of the national not far from where this happened, not b 1415 park where another road has been cut far from Organ Pipes in a place called in by their accomplices, a road used by Papago Farms, a Border Patrol agent And we have a duty to them to do ev- trucks coming in to pick up the drugs, on patrol confronted a Mexican mili- erything we can. We ask them to do ev- when they reach that, they unload the tary vehicle in the United States, a erything they can. We asked Kris Eggle to do everything he could do to protect drugs and discard all of this back- Mexican HMMWV with several mem- that national monument, that national packing material. They pile it up in bers of the Mexican military on board. park; and he did everything that he huge, massive piles of this stuff all When he confronted them, they got could do. It is up to us to do everything over the place. out. He decided that discretion was the He said that before when they would better part of valor, since he was cer- that we can do in this body to make sure that his death was not in vain. confront them, they would simply drop tainly outgunned and outmanned. Mr. Speaker, I yield to my colleague. it and run. But now they are not. Now When he was turning around to go get Mr. HOEKSTRA. Mr. Speaker, there they are fighting back. Now they are help, a shot rang out from the Mexi- has been a lot of talk around the coun- opening fire. They are preceded by a cans. It went through his back window, try lately about leadership. In cor- guy with an M–16 leading a bunch of hit the metal grate that separates him porate America we have seen where, for people carrying the drugs, and he is fol- from the back part of his vehicle, and some, leadership had evolved from lowed by a guy with an M–16. went out the right rear window. serving others, serving those who had Our park rangers, park rangers, for That was on May 27. We have had up given you the opportunity to lead, heaven’s sakes, this is not really what to this point in time 127 incursions of serving and recognizing that with lead- they have been trained to deal with. that nature since 1997, where Mexican ership came a certain responsibility, Their responsibilities do not go to military, Mexican federal police have and for that limited number of cor- fighting drug cartels, but that is the come into the United States. Usually it porate executives it had moved from position we have placed them in. is for the purpose of protecting a drug serving others. Leadership now means To their credit, as my colleague, the shipment. There is usually a large ship- what can I get out of it for myself? gentleman from Michigan (Mr. HOEK- ment coming through, so they will ac- Leadership began to mean more about, STRA), has said, they have interdicted tually act as the protection for it, or what’s in it for me, than what is in it hundreds of thousands of pounds of ille- they act as a diversionary tactic. They for others? gal drugs over the course of just the come in over here, and we naturally The gentleman is absolutely correct last year. But it is getting rougher. It send people to find out what this is all that for the folks that put their lives is getting tougher. It is getting mean- about when we have Mexican military on the line each and every day, for er. The cartel members are actually coming in; and a drug shipment comes them leadership is about service. Chris holding hostage some of the family through where we have pulled our peo- was doing this in service of his coun- members of the people who are trans- ple away. try. For our troops in central Asia, porting the stuff for them, so unless This is what has been happening. they are doing this in service to their they make it all the way across and to Again, nobody has talked about it. An country. For the firefighters and res- their appointed site where they dump American, a person that is a member of cue workers in New York and at the it off to a truck, their family member our Border Patrol, is actually fired Pentagon, they gave their lives because in Mexico is killed. upon by another person who is a mem- they recognize leadership and responsi- So that is why, that and other rea- ber of a foreign military service, and bility meant serving others and not sons, why we are now facing a different nothing is said or done around here, all serving myself. For the folks on United kind of threat down there. because we are fearful of discussing Flight 93, again, service meant, I am Besides that, we were told, there is this issue of immigration and immigra- going to take the risk. I am in leader- an ever-increasing number of what tion control; all because we are fearful ship. This is my opportunity to lead. they refer to as OTMs, other than of the politics of it. And when leadership presented itself to Mexicans, coming across the border. I will tell the Members, and I know those people on United 93, they went Now we see what they call an alarming the gentleman feels this way, too, this and they sacrificed their lives knowing number of people coming through from issue, it is our responsibility, even if it that they would serve their country. China and from the Middle East, com- is to our political peril, it is our re- That is exactly what Kris did. ing through these areas. For what pur- sponsibility as Members of Congress of The story of the incident is that he pose? the United States to live up to the oath never forgot the responsibilities of his What is our ability and desire to try of office that says we are going to pro- job. When they got to the place where to interdict it and try to stop it? If we tect this country, the people and the the road ended and the tracks went off do not intend to defend these borders, property of this country, from all those the road of the folks that they were then we should not be putting people who intend to do us harm. pursuing, Kris recognized that to fol- like Kris in harm’s way. Part of that duty is to defend this low those tracks would do more harm If it is not our intent to actually se- border, or, as I say, to leave it. But we to the environment so he parked the cure the border, and if that means put- cannot continue in this halfway mode truck. He said, we do not take trucks ting the military in there to help Kris of creating a facade of protection, out there. And because of his experi- and his compatriots until we can sta- sending people down there like Kris, ence in running, he went after them on bilize the INS, until we can actually re- telling them to hold back that flood, foot and then was ambushed and that is form that organization and get the but not really and truly doing what is how he lost his life. But he never Border Patrol, and believe me, the necessary for fear that we would actu- thought about what was in it for him. folks on the line are doing a great job. ally stop the flow of illegal immigrants He said, this is the job that I have These guys and the ladies down there into the country. agreed to do. I am here to serve my who are Border Patrol agents, they are There are all kinds of ramifications country. I am here because I love the park rangers, they are Forest Service of that, political and economic. We do National Park Service, and he ended up personnel, I take my hat off to them. It not want to deal with that, and we do sacrificing his life. was my pleasure, as I say, to go down not want to adjust our policies because But the same thing that they have to there and talk to them and see and we are afraid of the politics. I am not, do is that we have to recognize is that

VerDate Sep 04 2002 01:56 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.062 H10PT1 H6158 CONGRESSIONAL RECORD — HOUSE September 10, 2002 the individuals that we put on the amount of people coming across that care deeply about them. So we have got front line as they have defined leader- area carrying drugs. to, number one, just to meet our con- ship to mean service, we need to view When I was up there I was told that stituents and to demonstrate that we it the same way. there is a very large Muslim population care and we are concerned about the Leadership now means not what is in in Calgary, Canada. Again, kind of sur- environment that we have put them in. this for me politically, what are the po- prising in a way. Almost 25,000 people, The second reason we go, and my col- litical costs and consequences, but it is Muslims living there. They were con- league has gone along the border, is to how do we serve our constituents, how nected, a large number of them are find out whether we have given them do we serve this country and how do we connected with the trade in the compo- the resources to do the job. What my serve those we put on the front line? nent parts of methamphetamines, ship- colleague has tragically found out in The way we serve those on the front ping them into the United States Arizona is maybe we have not given line is to provide them with clarity of through Canada. They took it down them the resources, and maybe we have what we want them to do. I think they here, make the drugs, sell it, and the not paid as much attention to this have that. At least in that 30-mile sec- money goes back to the Muslims in issue as we should have. And for us to tion they have clarity. They see it as Calgary to this group, the drug trade put our front line folks in that type of our job to secure that border. That is group, and they use the money to sup- a position, my colleague has identified what we thought borders were for. port terrorist activities all over the it, Congress can no longer say we did What maybe has not been so clear world. not know. We now know. And it is now back to us here in Washington is tak- When we keep talking about this, our responsibility to respond. And we ing the steps in leadership that will ac- about there being a war on our borders, will have the opportunity to do that tually equip these individuals to do it is quite literally a war. Again, some- through the appropriations process. I that job. Kris saw it. It was my duty to thing I think that so few of our col- think this year maybe we can move serve my country, protecting the bor- leagues even perhaps understand. They more human resources down to Organ ders and maintaining the integrity of look at it again as just what they see Pipe and also where we can help con- the borders and stopping drugs from in their own districts. That is under- struct some type of barrier to allow the coming in here illegally and stopping standable. But when you get to the bor- more sophisticated illegal crossings to others from coming in here illegally. der, as we say, you see illegal immigra- stop. That is my job. There is no lack of tion in the form of drug trafficking, Mr. TANCREDO. Mr. Speaker, I cer- clarity there. drug running, illicit sex trade, human tainly hope we will do that. I hope we The only lack of clarity that they smuggling, economic crimes. These are will begin a process that will eventu- may have within the National Park all part of what is going on on the bor- ally lead to our being able to tell our Service is if they are asking us to do der. constituents that we are living up to all of this, why does the rhetoric out of Mr. Speaker, I just wanted to say the commitments we have made to try Washington not always match what that it is a pleasure to be here with my to protect and defend this Nation. they are asking us to do. They may be colleague, the gentleman from Michi- No matter what we do, it is possible, a little confused about that. And then gan (Mr. HOEKSTRA), to honor as little of course, that someone may come in some cases, and maybe too often, it as we can here. As I said at Kris’s fu- across these borders to do us harm. We is why have they not given us the re- neral, when someone has given the full may not be able to get everyone who sources to properly do our job? There is measure of devotion, what word can we tries, that is true. But we can do so no question that for any sovereign na- possibly use to try and salve the much more than we are presently tion protecting the borders and pro- wounds that are created by that event? doing. viding integrity to the borders is a key There are few, if any, that we can utter We can use technology along with component to your sovereign nation that will give solace to his parents, human resources so much more effec- and keeping your nation safe. That is a give comfort to his friends, and rest to tively than what we are presently well established fact. That is one of his soul. God is in charge of that, and doing. It just takes will power. In things that governments do. We just we place his family, his friends, and all many ways I look at Chris and others need to make sure that the folks that of the people who work every single and I think of them as the folks who we ask to do that, we recognize and day in the same capacity as Kris to went to serve in Vietnam. We asked give them the resources to make sure help defend America, we place them in them to go. We put them in harm’s that they can do that job and do it God’s hands and ask for His blessing on way. We told them the country needed very, very effectively. them all; and for us here in this body, them but there was no real will to win Mr. TANCREDO. Mr. Speaker, one of for the task that lays ahead of us, to the war, and we left them sort of out the ways in which this whole issue can help support him and America. on a limb. And we are still paying the be described includes a connection to Mr. Speaker, I want to thank my price for that, for what we did to the the war on terrorism. Because it is not friend for joining me today. men and women who served in the only the southern border where we see Mr. HOEKSTRA. Mr. Speaker, I went armed forces in Vietnam by sending this kind of activity, but, as I say, I to Central Asia and I know my col- them to a war that we really and truly just returned a little bit ago from the league has spent a lot of time on the were not committed to win. northern border, a place near the Cana- border, and sometimes our constitu- That is how I view the situation on dian border called Bonners Ferry, ents ask us why we go. They think it is the border with Kris, the border patrol, Idaho. And all of the activities up there some kind of a junket. It is to go to see the Park Service, Customs agents, For- of the border patrol, of the U.S. Forest a couple of things. It is to go to see est Service people. We put them there, Service, and in this case, there were 100 these Krises around the borders, but I do not know whether or not we Marines that had been assigned the around the world who are on the front have the will to really win this war. It task of trying to determine whether lines each and every day, to put a face tests our mettle here as well as theirs they could interact with the border pa- with the people on the front line. to determine how far are we willing to trol and the U.S. Forest Service for the Central Asia, I was over there and I go, what are we willing to do here in purpose of trying to defend one little took a video camera, and I ran into this body to say that this is not going chunk of border. Just see what we can about 10 or 12 constituents who are in to happen again or to say that, in fact, do if we combine our efforts. One hun- K–2, who were at the Moscow embassy, we are serious about trying to defend dred Marines, 3 drones. They were who were on the U.S. George Wash- the Nation. using old UAVs, those unmanned aerial ington, who were in Bahrain, and what We are about, well, perhaps, we are vehicles, flying along the border. It is we did is we just asked them to send a going to be sending men and women off the same ones, the first generation message back home. And we asked again into harm’s way into Iraq. We type we used in the first Gulf War, and them, who do you want me to call? And are told that this is a distinct possi- a couple of radar towers. And, of you end up calling parents, husbands, bility. The President may be coming to course, what we saw was a large grandparents; and each of these Krises the Congress in a very short time ask- amount of drug activity, a large around the world have loved ones that ing for our support of that endeavor.

VerDate Sep 04 2002 01:56 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.064 H10PT1 September 10, 2002 CONGRESSIONAL RECORD — HOUSE H6159 Do we think for a moment that if we in all the rest that are coming across this of Iraq has completely displaced what I fact move forward on that, and I tend border for the purposes of poisoning think my colleagues at home have to believe that we have to do that, but our children and our culture. found is what the American people be- do we think for a moment that there We also have a responsibility inter- lieve is a clear and present danger now. will not be ramifications in the United nally to do what we can to restructure The clear and present danger now is States? Do we think for a moment that the culture, to reinvigorate our own the absence of a domestic agenda on Saddam Hussein believes he can win a culture and to imbue it with what is the screen for them to see as we ap- war in Iraq against our military good and right and just, but at the proach November. might? No. He knows that is not pos- same time, we must do everything we As for Iraq, the President himself has sible. He knows that we are most vul- can to make sure that these people said he has not even made up his mind nerable here. And he will try to bring cannot just come into the country at what to do. The President says he the battle to us. their will; just as my colleague said, thinks we will have to strike Saddam We are told every day that another what he was talking about the fact at some point, but then is quick to say attack in the United States is immi- that this is our, as a Congress, it is our but I have not made up my mind what nent. Well, how logical does it seem to responsibility. We cannot ignore it. We to do. you or any of our colleagues, I wonder, cannot walk away from it, and it would My question is, has the President that we will spend an enormous be the best possible memorial we could made up his mind and have we made up amount of our treasury and our human give, I think, to Kris Eggle. our mind what to do about what con- resources in places thousands of miles f fronts the American people each and away which, again, I am not going to every day, and that is the economy OUR NATION’S ECONOMY argue right now as to whether or not it that drives how they live their lives. is appropriate. I tend to think it is. But The SPEAKER pro tempore (Mr. We cannot allow debate about the pos- we are doing nothing significant on our OTTER). Under the Speaker’s an- sibility of a war abroad to foreclose de- own border. Is this not the height of nounced policy of January 3, 2001, the bate about urgent issues right here at folly? gentlewoman from the District of Co- home. Is this not so irresponsible to us to lumbia (Ms. NORTON) is recognized for Unless my colleagues have not been not recognize that we are laying our- 60 minutes as the designee of the mi- listening to their constituents, I know selves bare, laying ourselves open to nority leader. they are hearing what I am hearing. Is greater attacks? And, yes, we are look- Ms. NORTON. Mr. Speaker, I have this a jobless recovery? Because we ing internally on how to deal with it. come to the floor to speak this after- still see people losing jobs. Some peo- Maybe we will try to find them when noon because of my concern about the ple do not like the use of the words job- they are here. Why not try to stop nature of the conversation about our less recovery, but even the most con- them before they get here? We may not country that is taking place at this servative analyst will use the words absolutely be able to do it for every time. slow recovery, and there is a reason for single person, for every single threat, This is a complicated country. I have that. but we can do far more than we are prodded myself on serving in this body We have got unemployment now at doing. in no small part because this body and 5.7 percent. That is a huge jump up the other body have been so good at from this time a year ago, 9.6 percent b 1430 grappling with the full range of issues for blacks. People are seeing shifts in Just that, if we do that, if we commit that confront our country. Yet, as I the cost of health insurance from their to it. If we put the troops, if we use the stand back and look at the kind of con- employer straight to them so that they military on our border to help support versation we were having before we re- are having to bear more of the cost of the Park Service, the border patrol and cessed, conversation about corporate health insurance than they had to bear the forest service, we will have done, I abuse, about the economy and about this time last year, always a danger think, a service to Kris Eggle and to world affairs, I see a very different pic- signal that there is something hap- the others who face danger every single ture from the picture I see now. pening in the economy that I better be day down there, and we will be doing All of the oxygen in this place and in careful about. our job. It is our responsibility here. It the media has been taken up with Iraq. Perhaps the greatest and most con- is not asking us to go the extra mile, Iraq is a matter of major concern. I clusive evidence that something is for heaven’s sake. It is asking us and have not heard or read a single analyst wrong with the economy is what is the President of the United States to or member of this body that does not happening to States and localities do exactly what we are supposed to do believe that Saddam is a man to be throughout the United States faced as well as the folks who are supposed taken seriously and to have a serious with huge deficits. My own city has to direct the resources of the Nation to strategy for dealing with. There may found that the effect of the slow recov- its defense, and I fear that we are not be differences about how to deal with ery or this recovery in many places, doing it today. him, but the danger he poses ulti- people no longer pay the kinds of cap- I, of course, represent Columbine, the mately is not a matter of debate. What ital gains they were paying, for exam- school in which such a tragedy oc- to do about him is, of course, a matter ple, no longer have the kind of dispos- curred just a few years ago, and it was of serious debate. able income yielding taxes of various the most horrendous event I have ever The fact is that there is almost no kinds to State and local government. gone through in public life, and I keep chance wherever a person stands on The effect of that is that State and thinking about the fact that there were Iraq and Saddam Hussein that we will local budgets are plummeting all over some good things that happened, and in enter Iraq before the election. That the country, and States are scrambling every single horrible event something kind of wag-the-dog approach to for- simply to find enough money to make good does come out of it. We have to eign affairs is something I do not be- it through with the bare necessities pray that this is the case, and it usu- lieve this President would engage in. that State and local governments must ally is. Indeed, Mr. BIDEN of the other body has provide. Out of Kris’s death, something good indicated that in his conversations That is something that virtually has got to happen here, and that is that with the administration he certainly every State and local government in we will, in fact, redouble our efforts, does not believe that there would be the United States is experiencing now. triple our efforts to protect his col- some quick entry of our country into a We have it in this region which is one leagues and our constituents from the preemptive strike. That is why we are of the most prosperous in the country. forces of evil that are directed against having a conversation now that I pre- We have it in Maryland. We have it in us. I feel that that is what he would dict will go on for some time, because Virginia. We have it in the District of want us to do, and I do not mean just the case has not even begun to be Columbia, and we have it in virtually the al Qaeda agents, the cells that are made. every State of the Union. operating. I mean the forces of evil Our President is going to the U.N. We know why there is this effect on that are importing drugs, sex slaves, only tomorrow or this week. Yet, talk State and local budgets, the effect on

VerDate Sep 04 2002 01:56 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.066 H10PT1 H6160 CONGRESSIONAL RECORD — HOUSE September 10, 2002 our own deficit which is growing like It is clear as the nose on our face, it. What I do come to the floor to say Topsy. We know it from bankruptcy however, that consumers have now lost is that we should be debating not only and airlines. We know it from the fact confidence in the economy, and the foreign affairs but domestic affairs. We that companies employ a million peo- reason we know it is because they have should not only be debating what ple less than they employed a year ago. stopped spending. Consumers account should happen in Iraq, in Afghanistan, We know it from layoffs in major sec- for two-thirds of all the economic ac- where we still have a theater of war, in tors. Layoffs continue in manufac- tivity in our economy in the first the Middle East. All of these are of top turing. Layoffs continue in retail. place, so let them stop spending and we concern and priority, but there are We know it because of the higher begin to feel it very quickly, and that equal priority concerns on the domes- cost of terrorism insurance, something is what they have stopped doing. tic front. we must get completed before this b 1445 When we have been at our greatest House and Senate go home for the elec- has been when we have shown the tions because every place now which is And I say to my colleagues, have you world we know how to walk and chew exposed to the public is beginning to not stopped spending as much as you gum at the same time. That is the experience increases in the insurance, were spending? I do not know anybody challenge before us today, not to short- increases that are quite extraordinary, who is spending the way they were 5 change the domestic agenda at a time not only here in the Nation’s capital years ago, because there are too many when we have a slow recovery, when where some might have expected it, uncertainties in the economy. And Americans do not know where their but anyplace there is a facility where there is too little discussion here or next health care premium is coming large numbers of people meet or even elsewhere about what to do about those from, when the corporate abuse statute in rural areas where there may be some uncertainties. we will pass has yet to prove itself, sensitive facilities nearby. After 9–11, in order to keep people when companies are still coming for- I am particularly concerned that in spending, we had all kinds of ap- ward with restatements of earnings. the face of this situation, with vir- proaches among retailers, reductions, All that is still on the screen and our tually no conversation going on in the the no-interest financing on cars; but constituents still need to hear from us media or in this body about the econ- it seems pretty clear that consumers omy, we see that the American people a balanced debate: What are you going have had it up to here, and I can under- to do about Iraq and what are you turn on the television and say when is stand why. Household debt is now 75 somebody going to talk about me. Our going to do about home? percent of the gross domestic product. So I come to the floor as we ask that claims for unemployment were 33 per- When you get that much debt, I do not cent above what they were a year ago. we initiate that debate; that the rel- care how much you want to spend, you evant committees help us to become Most States have not kept the rec- are probably going to think very hard ommended reserves in their unemploy- involved in that debate; that we our- before continuing on the all-American selves take on the role of restoring ment trust funds, just when they are spending spree that the country has most needed, and pathetically, 19 confidence in the consumer so that the been on for some years now. consumer feels that it is safe again to States have increased the earnings re- Now, I am not at all criticizing quirement in order to qualify for unem- spend because they have in Washington Americans either for spending or for a Congress and a President who knows ployment insurance while only 1 State deciding that the time to spend should has reduced the earnings requirement. how to guide us during troubled times. end. I believe that they have a right to This at a time when in a recent article They do not have that now. expect guidance from us on what we we learned that if a person makes less When we have a balanced conversa- are going to do about it, and I believe than $50,000 per year, their chance of tion and a balanced debate about the they are getting guidance neither from being laid off is 43 percent greater than two great bookends, the domestic and us nor the Bush administration. We if they earned more than $50,000 a year. the foreign, I think we will restore the have to look forward and not only look I do not know how the lower middle confidence in the economy that we backward to the good old days when class and low income people make it in know now has vanished. the economy was so flush it looked like times like this, and I do not under- it would never stop expanding. The f stand why we would not be talking LEAVE OF ABSENCE about these issues, why they are off the economy has been jolted to understand radar screen, because they are on the that that kind of expansion cannot go By unanimous consent, leave of ab- minds of all of our constituents. on forever. And if it cannot go on for- sence was granted to: Last year, only 38 percent of the job- ever, we have to explain to the Amer- Mrs. KELLY (at the request of Mr. less even qualified for unemployment ican people what to expect. ARMEY) for September 11 on account of insurance. If a person is a part-time One thing we can expect is that the congressional business. worker, if they are a lower paid work- terrible budget cuts that the States Mr. WALSH (at the request of Mr. er, if they are a temporary worker, and localities are having to do this ARMEY) today and September 9 on ac- they have been written off for unem- year will continue for the indefinite fu- count of congressional business. ture. Because when we cut this year, ployment insurance very often because f when the great statute was passed, we find the problem rolls over for 2, 3, SPECIAL ORDERS GRANTED those kinds of workers were far less nu- maybe even 4 or 5 years. In my own dis- merous, and we have not done our job trict, the chief financial officer has By unanimous consent, permission to to revise our own statutes, to take into said that he thinks that the city must address the House, following the legis- account the new employment trends, have a 5-year plan that indicates that lative program and any special orders employment trends that have been our budget will be balanced not only heretofore entered, was granted to: with us now for a full generation. this year, by making the kind of ter- (The following Members (at the re- One of the reasons, of course, for this rible cuts that we here and all across quest of Ms. JACKSON-LEE of Texas) to jobless recovery is that after Sep- the country are having to make, but revise and extend their remarks and in- tember 11, the economy seemed to ride that we will not simply roll over the clude extraneous material:) along just fine, and we thought, well, is problem to other years. And so we have Mr. FILNER, for 5 minutes, today. not this something, they hit us and it to look at a series of cuts that are Mr. DEFAZIO, for 5 minutes, today. did not make much difference. We owe going to continue for some time, be- Mr. PALLONE, for 5 minutes, today. a lot to the American people for mak- cause the kind of exuberance one saw Mr. SCHIFF, for 5 minutes, today. ing sure that they continued to live in the market was indeed reflected in Ms. MILLENDER-MCDONALD, for 5 min- their lives, including live their lives in State and local budgets, and, yes, in utes, today. the economy, because this economy spending by the American people. (The following Members (at the re- was driven or has been driven along for I do not come to the floor today to quest of Mr. FOLEY) to revise and ex- some time by consumer spending and say to my colleagues, all right, what is tend their remarks and include extra- consumers continue to stand after Sep- the answer? Let us write the answer neous material:) tember 11. clearly so the American people can see Mr. NUSSLE, for 5 minutes, today.

VerDate Sep 04 2002 01:56 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K10SE7.068 H10PT1 September 10, 2002 CONGRESSIONAL RECORD — HOUSE H6161 (The following Member (at his own ADJOURNMENT p.m.), under its previous order, the request) to revise and extend his re- Ms. NORTON. Mr. Speaker, I move House adjourned until tomorrow, marks and include extraneous mate- that the House do now adjourn. Wednesday, September 11, 2002, at rial:) The motion was agreed to; accord- noon. Mr. FOLEY, for 5 minutes, today.hingly (at 2 o’clock and 51 minutes EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for official foreign travel during the second quarter of 2002, by Committees of the House of Representatives, as well as reports of foreign currencies and U.S. dollars utilized for speaker-authorized official travel during the second quarter of 2002, pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2002

Steve Nixon ...... 3/23 4/2 United Kingdom ...... 1,354.16 ...... 1,354.16 Commercial airfare ...... 345.81 ...... 345.81 Susan Firth ...... 4/2 4/8 Bosnia/Herzegovina ...... 1,300.00 ...... 1,300.00 Commercial airfare ...... 5,100.00 ...... 5,100.00 Hon. Robert E. Cramer, Jr...... 3/23 3/24 Cyprus ...... 169.00 ...... 169.00 3/24 3/26 Uzbekistan...... 666.00 ...... 666.00 3/26 3/28 Pakistan...... 524.00 ...... 524.00 3/28 4/3 India...... 1,650.00 ...... 1,650.00 4/3 4/5 Syria...... 522.00 ...... 522.00 4/5 4/7 Turkey...... 536.00 ...... 536.00 4/7 4/8 Switzerland...... 284.00 ...... (3) ...... 284.00 Hon. C.W. Bill Young ...... 4/1 4/5 Italy ...... 1,942.00 ...... 1,942.00 4/5 4/8 Russia...... 1,083.65 ...... 1,083.65 4/8 4/9 Netherlands...... 303.95 ...... (3) ...... 303.95 Hon. Henry Bonilla ...... 4/1 4/5 Italy ...... 1,942.00 ...... 1,942.00 4/5 4/8 Russia...... 1,083.65 ...... 1,083.65 4/8 4/9 Netherlands...... 303.95 ...... (3) ...... 303.95 Hon. Rodney Frelinghuysen ...... 4/1 4/5 Italy ...... 1,942.00 ...... 1,942.00 4/5 4/8 Russia...... 1,083.65 ...... 1,083.65 4/8 4/9 Netherlands...... 303.95 ...... (3) ...... 303.95 Douglas Gregory ...... 4/1 4/5 Italy ...... 1,942.00 ...... 1,942.00 4/5 4/8 Russia...... 1,083.65 ...... 1,083.65 4/8 4/9 Netherlands...... 303.95 ...... (3) ...... 303.95 Hon. Jim Kolbe ...... 4/2 4/3 Mali ...... 262.00 ...... 262.00 4/3 4/5 Ethiopia...... 361.00 ...... 361.00 4/5 4/7 Mozambique...... 467.00 ...... 467.00 4/7 4/8 South Africa...... 165.00 ...... 165.00 Commercial airfare ...... 2,281.75 ...... 2,281.75 Hon. Jim Moran ...... 4/2 4/3 Mali ...... 262.00 ...... 262.00 4/3 4/5 Ethiopia...... 361.00 ...... 361.00 4/5 4/7 Mozambique...... 467.00 ...... 467.00 4/7 4/8 South Africa...... 165.00 ...... 165.00 Commercial airfare ...... 2,281.75 ...... 2,281.75 Hon. Dan Miller ...... 4/2 4/3 Mali ...... 262.00 ...... 262.00 4/3 4/5 Ethiopia...... 361.00 ...... 361.00 4/5 4/7 Mozambique...... 467.00 ...... 467.00 4/7 4/8 South Africa...... 165.00 ...... 165.00 Commercial airfare ...... 2,281.75 ...... 2,281.75 Charles Flickner ...... 4/2 4/3 Mali ...... 262.00 ...... 262.00 4/3 4/5 Ethiopia...... 361.00 ...... 361.00 4/5 4/7 Mozambique...... 467.00 ...... 467.00 4/7 4/8 South Africa...... 165.00 ...... 165.00 Commercial airfare ...... 2,281.75 ...... 2,281.75 Alice Grant ...... 4/2 4/3 Mali ...... 262.00 ...... 262.00 4/3 4/5 Ethiopia...... 361.00 ...... 361.00 4/5 4/7 Mozambique...... 467.00 ...... 467.00 4/7 4/8 South Africa...... 165.00 ...... 165.00 Commercial airfare ...... 2,281.75 ...... 2,281.75 Mark Murray ...... 4/2 4/3 Mali ...... 262.00 ...... 262.00 4/3 4/5 Ethiopia...... 361.00 ...... 361.00 4/5 4/7 Mozambique...... 467.00 ...... 467.00 4/7 4/8 South Africa...... 165.00 ...... 165.00 Commercial airfare ...... 2,281.75 ...... 2,281.75 Scott Lilly ...... 4/2 4/3 Mali ...... 262.00 ...... 262.00 4/3 4/5 Ethiopia ...... 361.00 ...... 361.00 4/5 4/7 Mozambique ...... 467.00 ...... 467.00 4/7 4/8 South Africa ...... 165.00 ...... 165.00 Commercial airfare ...... 2,281.75 ...... 2,281.75 James W. Dyer ...... 4/3 4/5 Argentina ...... 841.50 ...... 841.50 4/6 4/7 Brazil ...... 538.00 ...... 538.00 Commercial airfare ...... 5,166.80 ...... 5,166.80 John T. Blazey ...... 4/3 4/5 Argentina ...... 841.50 ...... 841.50 4/6 4/7 Brazil ...... 538.00 ...... 538.00 Commercial airfare ...... 5,196.87 ...... 5,196.87 Hon. Jack Kingston ...... 5/3 5/6 Israel ...... 1,086.00 ...... (3) ...... 1,086.00 Hon. Dan Miller ...... 5/25 5/27 France ...... 760.24 ...... 760.24 5/27 5/29 Italy ...... 486.00 ...... 486.00 5/29 5/30 Greece ...... 240.43 ...... 240.43 5/30 5/31 Slovakia ...... 180.00 ...... (3) ...... 180.00 James W. Dyer ...... 5/27 USA ...... 21.00 ...... 21.00 5/28 5/30 Netherlands ...... 480.00 ...... 480.00 5/30 6/1 Germany ...... 352.00 ...... 352.00 6/1 6/4 France ...... 897.00 ...... 897.00 Commercial airfare (Part) ...... 4 2,720.31 ...... 2,720.31 Frank Cushing ...... 5/27 USA ...... 21.00 ...... 21.00 5/28 5/30 Netherlands ...... 480.00 ...... 480.00 5/30 6/1 Germany ...... 352.00 ...... 352.00 6/1 6/4 France ...... 897.00 ...... 897.00 Commercial airfare (Part) ...... 4 2,720.31 ...... 2,270.31 Scott Lilly ...... 5/30 6/1 Germany ...... 263.28 ...... 263.28 6/1 6/4 France ...... 826.50 ...... 826.50 Commercial airfare ...... 5,698.20 ...... 5,698.20 Gregory Dahlberg ...... 5/28 6/1 England ...... 1,376.00 ...... 1,376.00 Commercial airfare ...... 5,236.00 ...... 5,236.00 Valerie Baldwin ...... 5/28 5/29 Brussels ...... 207.00 ...... 207.00 5/29 5/30 Germany ...... 214.00 ...... 214.00 5/30 5/31 Crotia ...... 268.00 ...... 268.00

VerDate Sep 04 2002 01:56 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 8634 E:\CR\FM\K10SE7.073 H10PT1 H6162 CONGRESSIONAL RECORD — HOUSE September 10, 2002 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2002— Continued

5/31 6/1 Bosnia ...... 154.00 ...... 154.00 Commercial airfare ...... 4,829.00 ...... 4,829.00 John Blazey ...... 5/25 5/28 Italy ...... 1,110.00 ...... 1,110.00 5/28 5/30 Croatia ...... 636.00 ...... 636.00 5/30 6/2 Bosnia ...... 612.00 ...... 612.00 Commercial airfare ...... 6,672.70 ...... 6,672.70 Therese McAuliffe ...... 5/25 5/28 Italy ...... 1,110.00 ...... 1,110.00 5/28 5/30 Croatia ...... 636.00 ...... 636.00 5/30 6/2 Bosnia ...... 612.00 ...... 612.00 Commercial airfare ...... 6,672.70 ...... 6,672.70 Alice E.H. Grant ...... 5/28 5/29 Bolivia ...... 91.00 ...... 91.00 5/29 6/01 Peru ...... 735.00 ...... 735.00 ...... 73.00 ...... 73.00 Commercial airfare ...... 3,188.50 ...... 3,188.50 Hon. Charles H. Taylor ...... 5/28 6/4 Russia ...... 2,084.00 ...... 2,084.00 ...... 188.36 ...... 188.36 Commercial airfare ...... 5,537.78 ...... 5,537.78 Hon. Jim Moran ...... 5/28 6/3 Russia ...... 1,803.00 ...... 1,803.00 ...... 188.36 ...... 188.36 Commercial airfare ...... 5,476.89 ...... 5,476.89 Hon. Jim Kolbe ...... 5/31 6/2 Singapore ...... 502.00 ...... (3) ...... 502.00 Hon. Frank Wolf ...... 5/27 5/30 Jordan ...... 705.00 ...... 705.00 5/28 5/28 Syria ...... 5/30 5/31 Israel ...... 371.00 ...... 371.00 Commercial airfare ...... 6,639.06 ...... 6,639.06 Hon. Carrie Meek ...... 5/25 5/26 Russia ...... 687.00 ...... 687.00 5/27 5/27 Uzbekistan ...... 333.00 ...... 333.00 5/28 5/31 China ...... 1,104.00 ...... 1,104.00 6/1 6/3 South Korea ...... 536.00 ...... (3) ...... 536.00 Committee total ...... 55,096.01 ...... 87,173.18 ...... 449.72 ...... 142,718.91

Thomas K. Baker ...... 4/29 5/2 Germany ...... 559.25 ...... 6,622.00 ...... 2,567.34 ...... 9,748.59 5/2 5/5 Turkey ...... 669.00 ...... 669.00 Carroll L. Hauver ...... 4/29 5/2 Germany ...... 559.25 ...... 6,622.00 ...... 27.00 ...... 7,208.25 5/2 5/9 Turkey ...... 1,616.75 ...... 1,616.75 5/9 5/12 Germany ...... 408.00 ...... 408.00 Robert J. Reitwiesner ...... 4/29 5/2 Germany ...... 559.25 ...... 6,622.00 ...... 699.55 ...... 7,880.80 5/2 5/9 Turkey ...... 1,616.75 ...... 1,616.75 5/9 5/12 Germany ...... 408.00 ...... 408.00 Committee total ...... 6,396.25 ...... 19,866.00 ...... 3,293.89 ...... 29,556.14 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. 4 Agency aircraft (Part). BILL YOUNG, Chairman, July 31, 2002.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2002

Travel to Italy, Bosnia, Russia and Netherlands, April 2–9, 2002: Hon. Neil Abercrombie ...... 4/2 4/3 Italy ...... 2,061.81 ...... 2,061.82 4/3 4/5 Bosnia ...... 4/5 3 1/4 Russia ...... 1,010.00 ...... 1,010.00 3 1/4 4/9 Netherlands ...... 317.00 ...... 317.00 Hon. Ken Calvert ...... 4/2 4/3 Italy ...... 2,061.82 ...... 2,061.82 4/3 4/5 Bosnia ...... 4/5 3 1/4 Russia ...... 1,058.00 ...... 1,058.00 31/4 4/9 Netherlands ...... 317.00 ...... 317.00 Travel to Japan, April 8–9, 2002: Hon. Robert A. Underwood ...... 4/8 4/9 Japan ...... 265.00 ...... 265.00 Travel to Israel, May 3–6, 2002: Hon. Jim Saxton ...... 5/3 5/6 Israel ...... 1,086.00 ...... 1,086.00 ...... 5,148.22 ...... 5,148.22 Travel to the Philippines, May 11–14, 2002: Hon. Robert A. Underwood ...... 5/11 5/14 Philippines ...... 732.00 ...... 732.00 Commercial Airfare ...... 4,806.50 ...... 4,806.50 Travel to Russia, Uzbekistan, China and South Korea, May 25–June 3, 2002: Hon. Curt Weldon ...... 5/25 5/27 Russia ...... 687.00 ...... 687.00 5/27 5/28 Uzbekistan ...... 333.00 ...... 333.00 5/28 6/1 China ...... 1,104.00 ...... 1,104.00 6/1 6/3 South Korea ...... 536.00 ...... 536.00 Hon. Solomon P. Ortiz ...... 5/25 5/27 Russia ...... 687.00 ...... 687.00 5/27 5/28 Uzbekistan ...... 333.00 ...... 333.00 5/28 6/1 China ...... 1,104.00 ...... 1,104.00 6/1 6/3 South Korea ...... 536.00 ...... 536.00 Hon. Roscoe G. Bartlett ...... 5/25 5/27 Russia ...... 687.00 ...... 687.00 5/27 5/28 Uzbekistan ...... 333.00 ...... 333.00 5/28 6/1 China ...... 1,104.00 ...... 1,104.00 6/1 6/3 South Korea ...... 536.00 ...... 536.00 Hon. Silvestre Reyes ...... 5/25 5/27 Russia ...... 687.00 ...... 687.00 5/27 5/28 Uzbekistan ...... 333.00 ...... 333.00 5/28 6/1 China ...... 1,104.00 ...... 1,104.00 6/1 6/3 South Korea ...... 536.00 ...... 536.00 Hon. Jim Turner ...... 5/28 6/1 China ...... 1,104.00 ...... 1,104.00 6/1 6/3 South Korea ...... 536.00 ...... 536.00 Hon. Joe Wilson ...... 5/25 5/27 Russia ...... 687.00 ...... 687.00 5/27 5/28 Uzbekistan ...... 333.00 ...... 333.00 5/28 6/1 China ...... 1,104.00 ...... 1,104.00 6/1 6/3 South Korea ...... 536.00 ...... 536.00 Carl D. Commenator ...... 5/25 5/27 Russia ...... 687.00 ...... 687.00 5/27 5/28 Uzbekistan ...... 333.00 ...... 333.00 5/28 6/1 China ...... 1,104.00 ...... 1,104.00 6/1 6/3 South Korea ...... 536.00 ...... 536.00

VerDate Sep 04 2002 01:37 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 8634 E:\CR\FM\A10SE7.034 H10PT1 September 10, 2002 CONGRESSIONAL RECORD — HOUSE H6163 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2002—Continu- ed

Peter M. Steffes ...... 5/25 5/27 Russia ...... 687.00 ...... 687.00 5/27 5/28 Uzbekistan ...... 333.00 ...... 333.00 5/28 6/1 China ...... 1,104.00 ...... 1,104.00 6/1 6/3 South Korea ...... 536.00 ...... 536.00 Douglas C. Roach ...... 5/25 5/27 Russia ...... 687.00 ...... 687.00 5/27 5/28 Uzbekistan ...... 333.00 ...... 333.00 5/28 6/1 China ...... 1,104.00 ...... 1,104.00 6/1 6/3 South Korea ...... 536.00 ...... 536.00 B. Ryan Vaart ...... 5/25 5/27 Russia ...... 687.00 ...... 687.00 5/27 5/28 Uzbekistan ...... 333.00 ...... 333.00 5/28 6/1 China ...... 1,104.00 ...... 1,104.00 6/1 6/3 South Korea ...... 536.00 ...... 536.00 Delegation expenses ...... 5/25 5/27 Russia ...... 798.75 ...... 1,642.62 ...... 2,441.37 Travel to Russia and Germany, May 25–31, 2002: Hon. John M. Spratt, Jr...... 5/25 5/30 Russia ...... 1,350.10 ...... 1,350.10 5/30 5/31 Germany ...... 288.00 ...... 288.00 Travel to Singapore, May 31–June 2, 2002: Hon. Vic Snyder ...... 5/31 6/2 Singapore ...... 502.00 ...... 502.00 Hon. Ellen O. Tauscher ...... 5/31 6/2 Singapore ...... 502.00 ...... 502.00 Travel to United Kingdom, June 18–20, 2002: Robert W. Lautrup ...... 6/18 6/20 United Kingdom ...... 688.00 ...... 688.00 Roger M. Smith ...... 6/18 6/20 United Kingdom ...... 688.00 ...... 688.00 William H. Natter ...... 6/18 6/20 United Kingdom ...... 688.00 ...... 688.00 Committee total ...... 39,194.74 ...... 10,753.47 ...... 1,642.62 ...... 51,590.83 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Represents fiscal year 2000. BOB STUMP, Chairman, July 31, 2002.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON BUDGET, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2002

FOR HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return.◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JIM NUSSLE, Chairman, July 25, 2002.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON EDUCATION AND THE WORKFORCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2002

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ENERGY AND COMMERCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2002

Hon. Albert Wynn ...... 4/19 4/22 Spain ...... 934.00 ...... 934.00 Hon. George Radanovich ...... 5/23 5/26 United Kingdom ...... 738.00 ...... 4,530.00 ...... 5,268.00 Hon. George Radanovich ...... 5/26 5/28 Belgium ...... 564.06 ...... 279.00 ...... 843.06 Hon. Karen McCarthy ...... 4/2 4/3 Mali ...... 262.00 ...... 262.00 Hon. Karen McCarthy ...... 4/3 4/5 Ethiopia ...... 361.00 ...... 361.00 Hon. Karen McCarthy ...... 4/5 4/7 Mozambique ...... 467.00 ...... 467.00 Hon. Karen McCarthy ...... 4/7 4/8 South Africa ...... 165.00 ...... 2281.75 ...... 2,446.75 Hon. Peter Deutsch ...... 5/2 5/6 Israel ...... 1,248.00 ...... 1,248.00 Hon. Chris Knauer, Minority ...... 4/10 4/12 France ...... 600.00 ...... 767.20 ...... 1,367.20 Hon. Ray Shepherd, Majority ...... 4/10 4/12 France ...... 600.00 ...... 767.20 ...... 1,367.20 Committee total ...... 5,939.06 ...... 8,625.15 ...... 14,564.21 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BILLY TAUZIN, Chairman, July 31, 2002.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FINANCIAL SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JULY 2, 2002

Joseph Pinder ...... 4/2 4/6 Argentina ...... 1,800.00 ...... 5,433.47 ...... 7,233.47

VerDate Sep 04 2002 01:56 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 8634 E:\CR\FM\A10SE7.034 H10PT1 H6164 CONGRESSIONAL RECORD — HOUSE September 10, 2002 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FINANCIAL SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JULY 2, 2002—Continu- ed

Kevin MacMillan ...... 4/3 4/5 Argentina ...... 1,134.00 ...... 5,433.47 ...... 6,567.47 Scott Morris ...... 4/2 4/6 Argentina ...... 1,800.00 ...... 5,433.47 ...... 7,233.47 Roy Dye ...... 4/2 4/6 Argentina ...... 1,800.00 ...... 5,433.47 ...... 7,233.47 Thomas Montgomery ...... 5/23 5/31 Ethiopia ...... 1,400.00 ...... 7,076.45 ...... 8,476.45 Vito Fossella ...... 6/28 7/2 Bermuda ...... 1,569.00 ...... 1,402.25 ...... 2,971.25 Robert Gordon ...... 6/28 7/2 Bermuda ...... 1,569.00 ...... 1,542.75 ...... 3,111.75 Committee total ...... 11,072.00 ...... 31,755.33 ...... 42,827.33 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. MICHAEL G. OXLEY, Chairman, July 29, 2002.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON GOVERNMENT REFORM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2002

Kevin Long ...... 4/20 4/21 Japan ...... 872.00 ...... 7,129.28 ...... Sharon Pinkerton ...... 4/19 4/21 Japan ...... 1,308.00 ...... 6,783.78 ...... Nicholas Coleman ...... 4/19 4/21 Japan ...... 1,308.00 ...... 7,129.28 ...... Julian Haywood ...... 4/19 4/21 Japan ...... 1,308.00 ...... 7,355.78 ...... Christopher Donesa ...... 4/19 4/21 Japan ...... 1,308.00 ...... 7,129.28 ...... Brian Cohen ...... 5/15 5/17 England ...... 722.00 ...... 647.22 ...... 1,027.59 ...... J. Vincent Chase ...... 5/26 5/30 Russia ...... 1,470.00 ...... 5/30 5/31 Germany ...... 234.00 ...... Christopher Shays ...... 5/26 5/30 Russia ...... 1,470.00 ...... 5/30 5/31 Germany ...... 234.00 ...... Christopher Donesa ...... 5/29 6/1 Canada ...... 715.00 ...... 2,243.24 ...... Roland Foster ...... 5/29 6/1 Canada ...... 715.00 ...... 2,243.24 ...... Nicholas Coleman ...... 5/29 6/1 Canada ...... 715.00 ...... 2,243.24 ...... Mark Souder ...... 5/29 5/30 Canada ...... 258.00 ...... Stephen Horn ...... 5/25 5/27 Russia ...... 687.00 ...... 5/27 5/28 Uzbekistan ...... 333.00 ...... 5/28 6/1 China ...... 1,104.00 ...... 6/1 6/3 South Korea ...... 536.00 ...... Christopher Shays ...... 6/16 6/20 England ...... 1,667.03 ...... 6,315.92 ...... Adam Putnam ...... 6/16 6/19 England ...... 763.60 ...... 5,136.33 ...... Bernard Sanders ...... 6/16 6/19 England ...... 747.46 ...... 5,136.33 ...... Kristine McElroy ...... 6/16 6/19 England ...... 759.38 ...... 5,136.33 ...... Larry Halloran ...... 6/16 6/20 England ...... 1,924.88 ...... 5,136.33 ...... Sharon Pinkerton ...... 5/26 5/27 France ...... 760.24 ...... 5,958.57 ...... 5/27 5/29 Italy ...... 486.00 ...... 5/29 5/30 Greece ...... 240.43 ...... 5/30 5/31 Slovakia ...... 180.00 ...... Tom Davis ...... 5/26 5/27 ...... 132.00 ...... Committee total ...... 22,958.02 ...... 75,724.15 ...... 1,027.59 ...... 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DAN BURTON, Chairman, July 25, 2002.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON HOUSE ADMINISTRATION, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2002

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON INTERNATIONAL RELATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2002

David Adams ...... 5/25 5/27 Kyrgystan ...... 418.00 ...... 418.00 5/27 5/30 Uzbekistan...... 849.00 ...... 849.00 5/30 6/02 Kazakhstan...... 815.00 ...... 815.00 Commercial airfare ...... 9,457.00 ...... 9,457.03 Lara Alameh ...... 4/19 4/22 Spain ...... 783.00 ...... (3) ...... 783.00 Douglas Anderson ...... 3/23 3/30 China ...... 1,261.00 ...... 1,261.00 3/30 4/2 South Korea...... 654.00 ...... 654.00 Commercial airfare ...... 4,833.50 ...... 4,833.50 Hon. Cass Ballenger ...... 4/2 4/4 Colombia ...... 412.00 ...... 412.00 4/4 4/6 Bolivia...... 232.00 ...... (3) ...... 232.00 4/6 4/8 Grenada...... 632.00 ...... (3) ...... 632.00 4/6 4/8 Venezuela...... 137.61 ...... (3) ...... 137.61 Jessica Baumgarten ...... 4/2 4/4 Colombia ...... 367.00 ...... (3) ...... 367.00 4/4 4/6 Bolivia...... 257.00 ...... (3) ...... 257.00 4/6 4/8 Grenada...... 652.00 ...... (3) ...... 652.00 Deborah Bodlander ...... 5/25 6/2 Israel ...... 2,523.00 ...... 2,523.00 Commerical airfare ...... 4,902.00 ...... 4,902.00 Ted Brennan ...... 4/2 4/4 Colombia ...... 280.00 ...... (3) ...... 280.00 4/4 4/6 Bolivia...... 182.00 ...... (3) ...... 182.00

VerDate Sep 04 2002 01:56 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 8634 E:\CR\FM\A10SE7.034 H10PT1 September 10, 2002 CONGRESSIONAL RECORD — HOUSE H6165 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON INTERNATIONAL RELATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2002—Continued

4/6 4/8 Grenada...... 489.00 ...... (3) ...... 489.00 Hon. Steve Chabot ...... 5/29 6/1 China ...... 828.00 ...... 828.00 6/1 6/3 South Korea...... 536.00 ...... 536.00 ...... 4 2,914.70 ...... 2,914.70 Malik Chaka ...... 3/25 3/29 Guinea ...... 603.00 ...... 603.00 3/29 4/1 Liberia...... 745.00 ...... 745.00 4/1 4/4 Sierra Leone...... 324.00 ...... 324.00 Commercial airfare ...... 8,959.57 ...... 8,959.57 5/25 5/28 Dem. Rep. of Congo ...... 750.00 ...... 750.00 5/28 5/29 South Africa...... 77.00 ...... 77.00 5/29 6/1 Zimbabwe...... 525.00 ...... 525.00 Commercial airfare ...... 10,018.01 ...... 10,018.01 William Delahunt ...... 4/26 4/28 Venezuela ...... 302.00 ...... 302.00 ...... 4 1,283.03 ...... 1,283.03 Eni Faleomavaega ...... 4/2 4/4 Colombia ...... 442.00 ...... (3) ...... 442.00 4/4 4/6 Bolivia...... 332.00 ...... (3) ...... 332.00 4/6 4/8 Grenada...... 328.00 ...... (3) ...... 328.00 5/25 5/27 Russia...... 687.00 ...... 687.00 5/27 5/28 Uzbekistan...... 333.00 ...... 333.00 5/28 5/29 China...... 276.00 ...... 276.00 5/29 5/31 Malaysia...... 314.00 ...... 314.00 ...... 4 3,412.53 ...... 3,412.53 Paul Gallis ...... 5/24 5/28 Bulgaria ...... 938.00 ...... 938.00 5/28 5/29 Ireland...... 329.00 ...... 329.00 5/29 6/1 Belgium...... 696.00 ...... 696.00 ...... 4 2,790.47 ...... 2,790.47 Kirsti Garlock ...... 4/2 4/4 Brazil ...... 228.00 ...... 228.00 4/4 4/6 Argentina...... 905.50 ...... 905.50 Commercial airfare ...... 5,539.47 ...... 5,539.47 Hon. Benjamin Gilman ...... 4/19 4/22 Spain ...... 934.00 ...... (3) ...... 934.00 Hon. Dennis Halpin ...... 3/23 3/30 China ...... 1,261.00 ...... 1,261.00 3/30 4/2 South Korea...... 654.00 ...... 654.00 Commercial airfare ...... 4,783.50 ...... 4,783.50 Joseph Hoeffel ...... 5/3 5/6 Israel ...... 995.00 ...... (3) ...... 995.00 Hon. Darrell Issa ...... 4/19 4/22 Spain ...... 934.00 ...... (3) ...... 934.00 5/26 5/27 Lebanon...... 132.00 ...... (3) ...... 132.00 Kenneth Katzman ...... 5/25 5/27 Kyrgystan ...... 418.00 ...... 418.00 5/27 5/30 Uzbekistan...... 849.00 ...... 849.00 5/30 6/2 Kazakhstan...... 875.00 ...... 875.00 Commercial airfare ...... 9,457.03 ...... 9,457.03 Hon. Brian Kerns ...... 5/25 5/27 Russia ...... 687.00 ...... (3) ...... 687.00 5/27 5/28 Uzbekistan...... 333.00 ...... (3) ...... 333.00 5/28 6/1 China...... 1,104.00 ...... (3) ...... 1,104.00 6/1 6/3 South Korea...... 536.00 ...... (3) ...... 536.00 Kay King ...... 4/19 4/22 Spain ...... 934.00 ...... (3) ...... 934.00 John Mackey ...... 4/2 4/7 Colombia ...... 1,150.00 ...... 1,150.00 ...... 4 1,279.00 ...... 1,279.00 4/16 4/18 Ireland...... 558.00 ...... 558.00 Commercial airfare ...... 5,274.15 ...... 5,274.15 5/28 6/2 Peru...... 979.00 ...... 979.00 Commercial airfare ...... 3,036.50 ...... 3,036.50 Alan Makovsky ...... 5/25 6/2 Israel ...... 2,523.00 ...... 2,523.00 Commercial airfare ...... 4,902.50 ...... 4,902.50 Pearl Alice Marsh ...... 3/25 3/29 Guinea ...... 603.00 ...... 603.00 3/29 4/1 Liberia...... 745.00 ...... 745.00 4/1 4/4 Sierra Leona...... 324.00 ...... 324.00 Commercial airfare ...... 8,959.57 ...... 8,959.57 5/25 5/28 Dem. Rep. of Congo ...... 750.00 ...... 750.00 5/28 5/29 South Africa...... 89.00 ...... 89.00 5/29 6/1 Zimbabwe...... 525.00 ...... 525.00 Commercial airfare ...... 10,018.01 ...... 10,018.01 Caleb McCarry ...... 4/3 4/6 Colombia ...... 613.00 ...... 613.00 Commercial airfare ...... 1,889.50 ...... 1,889.50 4/26 4/27 Venezuela...... 265.00 ...... (3) ...... 265.00 Vince Morelli ...... 5/29 6/1 Belgium ...... 753.77 ...... 753.77 Commercial airfare ...... 4,530.61 ...... 4,530.61 Paul Oostburg Sanz ...... 4/2 4/7 Columbia ...... 1,618.00 ...... 1,618.00 Commercial airfare ...... 2,113.50 ...... 2,113.50 4/15 4/18 Ireland...... 558.00 ...... 558.00 Commercial airfare ...... 5,120.15 ...... 5,120.15 4/26 4/27 Venezuela...... 600.00 ...... (3) ...... 600.00 Yleem Poblete ...... 3/24 4/6 Switzerland ...... 3,211.84 ...... 3,211.84 Commercial airfare ...... 7,373.46 ...... 7,373.46 Patrick Prisco ...... 4/19 4/22 Spain ...... 783.00 ...... (3) ...... 783.00 5/29 6/1 Belgium...... 621.00 ...... 621.00 ...... Dublin/Belgium/US ...... 2,790.00 ...... 2,790.00 Frank Record ...... 4/2 4/4 Brazil ...... 238.00 ...... 238.00 4/4 4/6 Argentina...... 905.50 ...... 905.50 Commercial airfare ...... 5,539.47 ...... 5,539.47 4/19 4/22 Spain...... 658.00 ...... (3) ...... 658.00 Joseph Grover Rees ...... 3/28 4/5 Switzerland ...... 1,751.00 ...... 1,751.00 Commercial airfare ...... 5,019.34 ...... 5,019.34 Hon. Dana Rohrabacher ...... 5/30 6/3 Philippines ...... 320.00 ...... 320.00 Commercial airfare ...... 3,553.00 ...... 3,553.00 Thomas Sheehy ...... 5/25 5/30 Dem. Rep. of Congo ...... 1,060.00 ...... 1,060.00 Commercial airfare ...... 6,879.46 ...... 6,879.46 Valerie Van Buren ...... 5/29 6/2 Belgium ...... 696.00 ...... 696.00 Commercial airfare ...... 5,727.61 ...... 5,727.61 Jo Weber ...... 4/19 4/22 Spain ...... 837.00 ...... (3) ...... 837.00 Hillel Weinberg ...... 4/19 4/22 Spain ...... 724.00 ...... 724.00 5/25 5/27 Kyrgystan...... 418.00 ...... 418.00 5/27 5/30 Uzbekistan...... 849.00 ...... 849.00 5/30 6/2 Kazakhstan...... 875.00 ...... 875.00 Commercial airfare ...... 9,457.03 ...... 9,457.03 Committee total ...... 58,749.22 ...... 161,814.20 ...... 220,563.42 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. 4 Commercial and military air transportation. HENRY J. HYDE, Chairman, July 31, 2002.

VerDate Sep 04 2002 01:56 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 8634 E:\CR\FM\A10SE7.034 H10PT1 H6166 CONGRESSIONAL RECORD — HOUSE September 10, 2002 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RULES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2002

Hon. David Dreier ...... 4/19 4/22 Spain ...... 934.00 ...... (3) ...... 934.00 Brad Smith ...... 4/19 4/22 Spain ...... 934.00 ...... (3) ...... 934.00 Hon. Alcee Hastings ...... 5/25 5/27 Russia ...... 687.00 ...... (3) ...... 687.00 5/27 5/28 Uzbekistan...... 333.00 ...... (3) ...... 333.00 5/27 6/1 China...... 1,104.00 ...... (3) ...... 1,104.00 6/1 6/3 S. Korea...... 536.00 ...... (3) ...... 536.00

Committee total ...... 528.00 ...... 4,528.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. DAVID DREIER, Chairman, July 26, 2002.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2002

Hon. Corrine Brown ...... 5/25 5/27 Russia ...... 687.00 ...... 687.00 5/27 5/28 Uzbekistan ...... 333.00 ...... 333.00 5/28 6/1 China ...... 1,104.00 ...... 1,104.00 6/1 6/3 South Korea ...... 536.00 ...... 536.00 Hon. Bob Filner ...... 4/14 4/16 Mexico ...... 550.00 ...... 550.00 Hon. Dan Miller ...... 5/25 5/27 France ...... 760.24 ...... 760.24 5/27 5/29 Italy ...... 486.00 ...... 486.00 5/29 5/30 Greece ...... 240.43 ...... 240.43 5/30 5/31 Slovakia ...... 180.00 ...... 180.00 Hon. Mac Collins ...... 5/25 5/27 France ...... 760.24 ...... 760.24 5/27 5/29 Italy ...... 486.00 ...... 486.00 5/29 5/30 Greece ...... 240.43 ...... 240.43 5/30 5/31 Slovakia ...... 180.00 ...... 180.00 Hon. John Mica ...... 5/25 5/27 France ...... 760.24 ...... 760.24 5/27 5/29 Italy ...... 486.00 ...... 486.00 5/29 5/30 Greece ...... 240.43 ...... 240.43 5/30 5/31 Slovakia ...... 180.00 ...... 180.00 Hon. Bob Borski ...... 5/25 5/27 France ...... 760.24 ...... 760.24 5/27 5/29 Italy ...... 486.00 ...... 486.00 5/29 5/30 Greece ...... 240.43 ...... 240.43 5/30 5/31 Slovakia ...... 180.00 ...... 180.00 Hon. Eddie Bernice Johnson ...... 5/25 5/27 France ...... 760.24 ...... 760.24 5/27 5/29 Italy ...... 486.00 ...... 486.00 5/29 5/30 Greece ...... 240.43 ...... 240.43 5/30 5/31 Slovakia ...... 180.00 ...... 180.00 Sharon Pinkerton ...... 5/25 5/27 France ...... 760.24 ...... 760.24 5/27 5/29 Italy ...... 486.00 ...... 486.00 5/29 5/30 Greece ...... 240.43 ...... 240.43 David Schaffer ...... 5/25 5/27 France ...... 760.24 ...... 760.24 5/27 5/29 Italy ...... 486.00 ...... 486.00 5/29 5/30 Greece ...... 240.43 ...... 240.43 Commercial airfare ...... 4,672.78 ...... 4,672.78 Stacie Soumbeniotis ...... 5/25 5/27 France ...... 760.24 ...... 760.24 5/27 5/29 Italy ...... 486.00 ...... 486.00 5/29 5/31 Greece ...... 480.85 ...... 480.85 Commercial airfare ...... 4,693.05 ...... 4,693.05 Hon. Wayne Gilchrest ...... 4/2 4/3 Mali ...... 262.00 ...... 262.00 4/3 4/5 Ethiopia ...... 361.00 ...... 361.00 4/5 4/7 Mozambique ...... 467.00 ...... 467.00 4/7 4/8 South Africa ...... 165.00 ...... 165.00 Commercial airfare ...... 2,281.75 ...... 2,281.75

Committee total ...... 17,498.78 ...... 11,647.58 ...... 29,146.36 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DON YOUNG, Chairman, July 30, 2002.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON WAYS AND MEANS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2002

Angela Ellard ...... 4/2 4/6 China ...... 1,178.00 ...... 5,702.50 ...... 6,880.50 Meredith Broadbendt ...... 4/2 4/7 China ...... 1,492.00 ...... 5,709.50 ...... 7,201.50 Michael Castellano ...... 4/2 4/7 China ...... 1,491.00 ...... 5,612.50 ...... 7,103.50 Tim Reif ...... 4/2 4/7 China ...... 1,491.00 ...... 5,612.50 ...... 7,103.50 Hon. Ron Lewis ...... 4/19 4/22 Spain ...... 934.00 ...... (3) ...... 934.00 Hon. Mac Collins ...... 5/25 5/27 France ...... 760.24 ...... (3) ...... 760.24 5/27 5/29 Italy ...... 486.00 ...... (3) ...... 486.00 5/29 5/30 Greece ...... 240.43 ...... (3) ...... 240.43 5/30 5/31 Slovakia ...... 180.00 ...... (3) ...... 180.00

Committee total ...... 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. BILL THOMAS, Chairman, July 29, 2002.

VerDate Sep 04 2002 02:04 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 8634 E:\CR\FM\A10SE7.034 H10PT1 September 10, 2002 CONGRESSIONAL RECORD — HOUSE H6167 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON PRINTING, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2002

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2 Elizabeth Larson ...... 3/28 3/31 Australia ...... 670.00 ...... 670.00 3/31 4/7 Asia ...... 1,424.00 ...... 1,424.00 Commercial airfare ...... 10,602.96 ...... 10,602.96 Wyndee Parker ...... 3/28 3/31 Australia ...... 670.00 ...... 670.00 3/31 4/7 Asia ...... 1,424.00 ...... 1,424.00 Commercial airfare ...... 11,270.74 ...... 11,270.74 Hon. Tim Roemer ...... 4/2 4/7 Asia ...... 922.00 ...... 922.00 Commercial airfare ...... 8,370.03 ...... 8,370.03 Timothy Sample ...... 4/2 4/9 Europe ...... 1,878.00 ...... (3) ...... 1,878.00 Elizabeth Larson ...... 5/26 6/1 Asia ...... 1,608.00 ...... 1,608.00 Commercial airfare ...... 4,450.50 ...... 4,450.50 Marcel Lettre ...... 5/26 6/1 Asia ...... 1,608.00 ...... 1,608.00 Commercial airfare ...... 4,450.50 ...... 4,450.50 Merrell Moorhead ...... 5/28 5/31 Europe ...... 666.00 ...... 666.00 Commercial airfare ...... 3,396.40 ...... 3,396.40 Joseph Jakub, Staff ...... 5/26 5/31 Europe ...... 666.00 ...... 666.00 Commercial airfare ...... 3,396.40 ...... 3,396.40 Lewis Moon, Staff ...... 5/29 5/31 Europe ...... 534.00 ...... 534.00 Commercial airfare ...... 6,935.89 ...... 6,935.89 Michael Jacobson ...... 5/29 5/31 Europe ...... 534.00 ...... 534.00 Commercial airfare ...... 6,935.89 ...... 6,935.89 John Stopher ...... 6/21 6/22 Caribbean ...... 299.00 ...... 299.00 6/22 6/25 South America ...... 735.00 ...... 735.00 6/25 6/26 Central America ...... 190.00 ...... 190.00 Commercial airfare ...... 2,533.80 ...... 2,533.80 Committee total ...... 13,828.00 ...... 62,343.11 ...... 76,171.11 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. PORTER J. GOSS, Chairman, July 25, 2002. REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMISSION ON SECURITY AND COOPERATION IN EUROPE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2002

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2 Dorothy D. Taft ...... 5/14 5/17 USA ...... 5,054.00 ...... Italy ...... 920.00 ...... Maureen T. Walsh ...... 5/14 5/17 USA ...... 5,054.00 ...... Italy ...... 1.048.00 ...... Committee total ...... 1,968.00 ...... 10,108.00 ...... 12,076.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. CHRIS SMITH, July 31, 2002. REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, FRED TURNER, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 16 AND APR. 19, 2002

David Tebbe ...... 5/27 5/28 Lebanon ...... 222.00 ...... (3) ...... 222.00 Committee total ...... 222.00 ...... 222.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. DAVID TEBBE, June 20, 2002.

VerDate Sep 04 2002 02:04 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 8634 E:\CR\FM\A10SE7.034 H10PT1 H6168 CONGRESSIONAL RECORD — HOUSE September 10, 2002 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DEREK MILLER, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JUNE 8 AND JUNE 13, 2002

Derek Miller ...... 6/8 6/13 Italy ...... 1,387.85 1,313.00 ...... 1,387.85 1,313.00

Committee total ...... 1,313.00 ...... 1,313.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DEREK J. MILLER, July 11, 2002.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HON. TONY P. HALL, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JUNE 8 AND JUNE 15, 2002

Hon. Tony P. Hall ...... 6/8 6/15 Italy ...... 2,423.00 ...... 4,546.86 ...... 6,969.86

Committee total ...... 2,423.00 ...... 4,546.86 ...... 6,969.86 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. TONY P. HALL, Chairman, July 11, 2002.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, MAX FINBERG, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JUNE 8 AND JUNE 15, 2002

Max Finberg ...... 6/8 6/5 Italy ...... 2,423.00 ...... 4,546.97 ...... 6,969.97

Committee total ...... 2,423.00 ...... 4,546.97 ...... 6,969.97 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. MAX FINBERG, July 11, 2002.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO ITALY, GREECE AND SPAIN, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 2 AND APR. 9, 2002

Hon. Doug Bereuter ...... 4/2 4/3 Italy ...... 840.00 ...... 840.00 4/3 4/5 Greece...... 266.00 ...... 266.00 4/5 4/9 Spain...... 772.00 ...... (3) ...... 772.00 Hon. Porter Goss ...... 4/2 4/3 Italy ...... 840.00 ...... 840.00 4/3 4/5 Greece...... 266.00 ...... 266.00 4/5 4/9 Spain...... 772.00 ...... (3) ...... 772.00 Hon. John Tanner ...... 4/2 4/3 Italy ...... 840.00 ...... 840.00 4/3 4/5 Greece...... 266.00 ...... 266.00 4/5 4/9 Spain...... 772.00 ...... (3) ...... 772.00 Susan Olson ...... 4/2 4/3 Italy ...... 840.00 ...... 840.00 4/3 4/5 Greece...... 266.00 ...... 266.00 4/5 4/9 Spain...... 772.00 ...... (3) ...... 772.00 Timothy Sample ...... 4/2 4/3 Italy ...... 840.00 ...... 840.00 4/3 4/5 Greece...... 266.00 ...... 266.00 4/5 4/9 Spain...... 772.00 ...... (3) ...... 772.00

Committee total ...... 9,390.00 ...... 9,390.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. DOUGLAS BEREUTER, Chairman, May 16, 2002.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO MEXICO, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 16 AND MAY 19, 2002

Hon. Jim Kolbe, Chairman ...... 5/16 5/19 Mexico ...... 345.65 ...... (3) ...... 345.65 Hon. David Dreier ...... 5/16 5/19 Mexico ...... 252.72 ...... (3) ...... 252.72 Hon. Charles Stenholm ...... 5/16 5/19 Mexico ...... 280.44 ...... (3) ...... 280.44 Hon. Joe Barton ...... 5/16 5/18 Mexico ...... 168.48 ...... (3) ...... 168.48 Hon. Chris Cannon ...... 5/16 5/18 Mexico ...... 168.48 ...... (3) ...... 168.48 Hon. Tom Tancredo ...... 5/16 5/18 Mexico ...... 186.96 ...... (3) ...... 186.96 Hon. Howard Berman ...... 5/16 5/19 Mexico ...... 280.44 ...... (3) ...... 280.44 Hon. Calvin Dooley ...... 5/16 5/19 Mexico ...... 280.44 ...... (3) ...... 280.44 Hon. Ed Pastor ...... 5/16 5/19 Mexico ...... 280.44 ...... (3) ...... 280.44 Hon. Bob Filner ...... 5/16 5/19 Mexico ...... 252.72 ...... (3) ...... 252.72 Hon. Lucille Roybal-Allard ...... 5/16 5/19 Mexico ...... 280.44 ...... (3) ...... 280.44 Hon. Silvestre Reyes ...... 5/16 5/19 Mexico ...... 280.44 ...... (3) ...... 280.44 Hon. Tom Udall ...... 5/16 5/19 Mexico ...... 280.44 ...... (3) ...... 280.44 Fran McNaught ...... 5/16 5/19 Mexico ...... 252.72 ...... (3) ...... 252.72

VerDate Sep 04 2002 02:04 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 8634 E:\CR\FM\A10SE7.034 H10PT1 September 10, 2002 CONGRESSIONAL RECORD — HOUSE H6169 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO MEXICO, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 16 AND MAY 19, 2002—Continued

Patrick Baugh ...... 5/16 5/19 Mexico ...... 252.72 ...... (3) ...... 252.72 Caleb McCarry ...... 5/16 5/19 Mexico ...... 252.72 ...... (3) ...... 252.72 Jim Farr ...... 5/16 5/19 Mexico ...... 252.72 ...... (3) ...... 252.72 Linda Solomon ...... 5/16 5/19 Mexico ...... 252.72 ...... (3) ...... 252.72 Jean Carroll ...... 5/16 5/19 Mexico ...... 252.72 ...... (3) ...... 252.72 Paul Oostburg Sanz ...... 5/16 5/19 Mexico ...... 252.72 ...... (3) ...... 252.72 Brad Smith ...... 5/16 5/19 Mexico ...... 252.72 ...... (3) ...... 252.72 Delegation expenses ...... 4,077.62 ...... 4,077.62 Interpreters ...... 3,120.00 ...... 3,120.00 Committee total ...... 4,359.85 ...... 7,197.62 ...... 12,557.47 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. JIM KOLBE, Chairman, June 18, 2002.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO ENGLAND AND BELGIUM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 23 AND MAY 28, 2002

John McCamman ...... 5/23 5/26 London, UK ...... 738.00 ...... 4,530.00 ...... 5,268.00 5/26 5/28 Brussels, Belgium...... 564.06 ...... 279.00 ...... 843.00 Tom LaFailie ...... 5/23 5/26 London, UK ...... 738.00 ...... 4,530.00 ...... 5,268.00 5/26 5/28 Brussels, Belgium...... 564.06 ...... 279.00 ...... 843.00 Committee total ...... 2,604.12 ...... 9,618.00 ...... 12,222.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JOHN McCAMMAN, July 2, 2002.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO BULGARIA AND IRELAND, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 24 AND MAY 29, 2002

Date Per diem 1 Transportation Other purposes Total U.S. dol- U.S. dol- Name of Member or employee Country lar equiv- U.S. dollar lar equiv- U.S. dollar Arrival Departure Foreign alent or Foreign equivalent Foreign alent or Foreign equivalent currency U.S. currency or U.S. currency U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Doug Bereuter ...... 5/25 5/28 Bulgaria ...... 938.00 ...... (3) ...... 938.00 5/28 5/29 Ireland...... 329.00 ...... 329.00 Hon. Allen Boyd ...... 5/25 5/28 Bulgaria ...... 938.00 ...... (3) ...... 938.00 5/28 5/29 Ireland...... 329.00 ...... 329.00 Hon. Vern Ehlers ...... 5/25 5/28 Bulgaria ...... 938.00 ...... (3) ...... 938.00 5/28 5/29 Ireland...... 329.00 ...... 329.00 Hon, Ralph Regula ...... 5/25 5/28 Bulgaria ...... 938.00 ...... (3) ...... 938.00 5/28 5/29 Ireland...... 329.00 ...... 329.00 Hon. John Shimkus ...... 5/25 5/26 Bulgaria ...... 418.00 ...... 2439.60 ...... 2857.60 Hon. John Tanner ...... 5/25 5/28 Bulgaria ...... 938.00 ...... (3) ...... 938.00 5/28 5/29 Ireland...... 329.00 ...... 329.00 Susan Olson ...... 5/24 5/28 Bulgaria ...... 1040.00 ...... 2910.59 ...... 3950.59 5/28 5/29 Ireland...... 329.00 ...... 329.00 Michael Ennis ...... 5/25 5/28 Bulgaria ...... 938.00 ...... (3) ...... 938.00 5/28 5/29 Ireland...... 329.00 ...... 329.00 Robin Evans ...... 5/25 5/28 Bulgaria ...... 938.00 ...... 938.00 5/28 5/29 Ireland...... 329.00 ...... (3) ...... 329.00 Paul Gallis ...... 5/25 5/28 Bulgaria ...... 938.00 ...... 938.00 5/28 5/29 Ireland...... 329.00 ...... (3) ...... 329.00 Beverly Hallock ...... 5/25 5/28 Bulgaria ...... 938.00 ...... 938.00 5/28 5/29 Ireland...... 329.00 ...... (3) ...... 329.00 Kay King ...... 5/25 5/28 Bulgaria ...... 938.00 ...... 938.00 5/28 5/29 Ireland...... 329.00 ...... (3) ...... 329.00 Carol Lawrence ...... 5/25 5/28 Bulgaria ...... 938.00 ...... 938.00 5/28 5/29 Ireland...... 329.00 ...... (3) ...... 329.00 Scott Palmer ...... 5/25 5/28 Bulgaria ...... 938.00 ...... 938.00 5/28 5/29 Ireland...... 329.00 ...... (3) ...... 329.00 Patrick Prisco ...... 5/25 5/28 Bulgaria ...... 938.00 ...... 938.00 5/28 5/29 Ireland...... 329.00 ...... (3) ...... 329.00 Jo Weber ...... 5/24 5/28 Bulgaria ...... 1040.00 ...... 2910.59 ...... 3950.59 5/28 5/29 Ireland...... 329.00 ...... 329.00 Committee total ...... 19,627.00 ...... 8,260.78 ...... 27,887.78 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. DOUG BEREUTER, July 11, 2002.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO JORDAN, SYRIA, ISRAEL, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 26 AND MAY 31, 2002

Hon. Frank R. Wolf ...... 5/26 USA ...... 6,639.06 ...... 5/27 5/30 Jordan ...... 705.00 ...... 5/28 5/28 Syria ...... 5/30 5/31 Israel ...... 371.00 ...... 5/31 ...... USA ...... 3 ¥341.00 ...... Committee total ...... 735.00 ...... 6,639.06 ...... 7,374.06 1 Per diem constitutes lodging and meals.

VerDate Sep 04 2002 01:56 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 8634 E:\CR\FM\A10SE7.034 H10PT1 H6170 CONGRESSIONAL RECORD — HOUSE September 10, 2002 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Less $341.00 returned to U.S Treasury/State Department in unused per diem. FRANK WOLF, Chairman, June 26, 2002.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO JORDAN, SYRIA, ISRAEL, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN MAY 26 AND MAY 31, 2002

Daniel F. Scandling ...... 5/26 USA ...... 6,639.00 ...... 6,639.00 5/27 ...... Jordan ...... 705.00 ...... 705.00 5/29 5/29 Syria ...... 5/30 Jordan ...... 5/30 5/31 Israel ...... 371.00 ...... 371.00 ...... 3¥150.00 ...... ¥150.00 Committee total ...... 926.00 ...... 6,639.00 ...... 7,565.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Returned $150.00 in unused per diem to U.S. Treasury. h DANIEL F. SCANDLING, June 26, 2002. EXECUTIVE COMMUNICATIONS, mitting the Commission’s final rule — Accel- mitting the Administration on Develop- ETC. eration of Periodic Report Filing Dates and mental Disabilities Fiscal Year 1998 and 1999 Disclosure Concerning Website Access to Re- Annual Reports, pursuant to 42 U.S.C. Under clause 8 of rule XII, executive ports [Release Nos. 33-8128; 34-46464; FR-63; 6006(c); to the Committee on Energy and communications were taken from the File No. S7-08-02] (RIN: 3235-AI33) received Commerce. Speaker’s table and referred as follows: September 6, 2002, pursuant to 5 U.S.C. 9008. A letter from the Deputy Director, 8992. A letter from the Administrator, De- 801(a)(1)(A); to the Committee on Financial Defense Security Cooperation Agency, trans- partment of Agriculture, transmitting the Services. mitting notification concerning the Depart- Department’s final rule — Grapes Grown in a 9000. A letter from the Acting Assistant ment of the Army’s Proposed Letter(s) of Designated Area of Southeastern California; General Counsel for Regulatory Services, De- Offer and Acceptance (LOA) to the Taipei Revision to Container and Pack Require- partment of Education, transmitting the De- Economic and Cultural Representative Office ments [Docket No. FV02-925-2 FIR] received partment’s final rule — Tribally Controlled in the United States for defense articles and August 29, 2002, pursuant to 5 U.S.C. Postsecondary Vocational and Technical In- services (Transmittal No. 02-58), pursuant to 801(a)(1)(A); to the Committee on Agri- stitutions Program — received August 6, 22 U.S.C. 2776(b); to the Committee on Inter- culture. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the national Relations. 8993. A letter from the Administrator, De- Committee on Education and the Workforce. 9009. A letter from the Deputy Director, partment of Agriculture, transmitting the 9001. A letter from the Acting Assistant Defense Security Cooperation Agency, trans- Department’s final rule — Apricots Grown in General Counsel for Regulatory Services, De- mitting notification concerning the Depart- Designated Counties in Washington; In- partment of Education, transmitting the De- ment of the Army’s Proposed Letter(s) of creased Assessment Rate [Docket No. FV02- partment’s final rule — Career Resource Net- Offer and Acceptance (LOA) to India for de- 922-1 FR] received August 29, 2002, pursuant work State Grants — received August 6, 2002, fense articles and services (Transmittal No. to 5 U.S.C. 801(a)(1)(A); to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 02-57), pursuant to 22 U.S.C. 2776(b); to the Agriculture. mittee on Education and the Workforce. Committee on International Relations. 8994. A letter from the Administrator, De- 9002. A letter from the Assistant Secretary, 9010. A letter from the Director, Defense partment of Agriculture, transmitting the Department of Education, transmitting the Security Cooperation Agency, transmitting Department’s final rule — Dried Prunes Pro- Department’s final rule — Impact Aid Pro- notification concerning the Department of duced in California; Decreased Assessment grams (RIN: 1810-AA94) received September the Army’s Proposed Letter(s) of Offer and Rate [Docket No. FV02-993-4 IFR] received 6, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Acceptance (LOA) to Egypt for defense arti- August 29, 2002, pursuant to 5 U.S.C. the Committee on Education and the Work- cles and services (Transmittal No. 02-51), 801(a)(1)(A); to the Committee on Agri- force. pursuant to 22 U.S.C. 2776(b); to the Com- culture. 9003. A letter from the Assistant Secretary, mittee on International Relations. 8995. A letter from the Director, Office of Department of Education, transmitting the 9011. A letter from the Director, Defense Management and Budget, transmitting the OMB Sequestration Update Report to the Department’s final rule — Indian Education Security Cooperation Agency, transmitting President and Congress for fiscal year 2003, Discretionary Grant Programs (RIN: 1810- notification concerning the Department of pursuant to 2 U.S.C. 902(d)(2); to the Com- AA93) received September 6, 2002, pursuant the Army’s Proposed Letter(s) of Offer and mittee on Appropriations. to 5 U.S.C. 801(a)(1)(A); to the Committee on Acceptance (LOA) to Egypt for defense arti- 8996. A letter from the Director, Defense Education and the Workforce. cles and services (Transmittal No. 02-47), Procurement, Department of Defense, trans- 9004. A letter from the Secretary, Depart- pursuant to 22 U.S.C. 2776(b); to the Com- mitting the Department’s final rule — De- ment of Education, transmitting the Depart- mittee on International Relations. fense Federal Acquisition Regulation Sup- ment’s final rule — Improving the Academic 9012. A letter from the Director, Defense plement; Weighted Guidelines Form [DFARS Achievement of the Disadvantaged (RIN: Security Cooperation Agency, transmitting Case 2002-D012] received August 7, 2002, pur- 1810-AA92) received September 6, 2002, pursu- notification concerning the Department of suant to 5 U.S.C. 801(a)(1)(A); to the Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Army’s Proposed Letter(s) of Offer and mittee on Armed Services. on Education and the Workforce. Acceptance (LOA) to Egypt for defense arti- 8997. A letter from the Director, Defense 9005. A letter from the Director, Corporate cles and services (Transmittal No. 02-37), or Procurement, Department of Defense, trans- Policy and Research Department, Pension major equipment, pursuant to 22 U.S.C. mitting the Department’s final rule — De- Benefit Guaranty Corporation, transmitting 2776(b); to the Committee on International fense Federal Acquisition Regulation Sup- the Corporation’s final rule — Benefits Pay- Relations. plement; Trade Agreements Thresholds — able in Terminated Single-Employer Plans; 9013. A letter from the Director, Defense Construction [DFARS Case 2002-D011] re- Allocation of Assets in Single-Employer Security Cooperation Agency, transmitting ceived August 7, 2002, pursuant to 5 U.S.C. Plans; Interest Assumptions for Valuing and notification concerning the Department of 801(a)(1)(A); to the Committee on Armed Paying Benefits — received August 13, 2002, the Navy’s Proposed Letter(s) of Offer and Services. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Acceptance (LOA) to the Taipei Economic 8998. A letter from the Director, Defense mittee on Education and the Workforce. and Cultural Representative Office in the Procurement, Department of Defense, trans- 9006. A letter from the Director, Corporate United States for defense articles and serv- mitting the Department’s final rule — De- Policy and Research Department, Pension ices (Transmittal No. 02-40), pursuant to 22 fense Federal Acquisition Regulation Sup- Benefit Guaranty Corporation, transmitting U.S.C. 2776(b); to the Committee on Inter- plement; Partnership Agreement Between the Corporation’s final rule — Rules for Ad- national Relations. DOD and the Small Business Administration ministrative Review of Agency Decisions 9014. A letter from the Director, Defense [DFARS Case 2001-D016] received August 7, (RIN: 1212-AA97) received August 13, 2002, Security Cooperation Agency, transmitting 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- notification concerning the Department of Committee on Armed Services. mittee on Education and the Workforce. the Navy’s Proposed Letter(s) of Offer and 8999. A letter from the Deputy Secretary, 9007. A letter from the Secretary, Depart- Acceptance (LOA) to the Taipei Economic Securities and Exchange Commission, trans- ment of Health and Human Services, trans- and Cultural Representative Office in the

VerDate Sep 04 2002 01:56 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.034 H10PT1 September 10, 2002 CONGRESSIONAL RECORD — HOUSE H6171 United States for defense articles and serv- 9026. A letter from the Chief, Regulations keting activities to enroll new veterans ices (Transmittal No. 02-52), pursuant to 22 Unit, Internal Revenue Service, transmitting occur within their networks; to the Com- U.S.C. 2776(b); to the Committee on Inter- the Service’s final rule — Treaty Guidance mittee on Veterans’ Affairs. national Relations. Regarding Payments with Respect to Domes- By Mr. RYUN of Kansas (for himself, 9015. A letter from the Director, Defense tic Reverse Hybrid Entities [TD 8999] (RIN: Mr. WALSH, and Mr. HANSEN): Security Cooperation Agency, transmitting 1545-AY13) received August 7, 2002, pursuant H.R. 5360 A bill to amend the Internal Rev- notification concerning the Department of to 5 U.S.C. 801(a)(1)(A); to the Committee on enue Code of 1986 to allow a credit against the Air Force’s Proposed Letter(s) of Offer Ways and Means. income tax for the purchase of hearing aids; and Acceptance (LOA) to the Taipei Eco- 9027. A letter from the Chief, Regulations to the Committee on Ways and Means. nomic and Cultural Representative Office in Unit, Internal Revenue Service, transmitting By Mr. WILSON of South Carolina (for the United States for defense articles and the Service’s final rule — Department Store himself, Mr. BROWN of South Caro- services (Transmittal No. 02-41), pursuant to Inventory Price Indexes [Rev. Rul. 2002-57] lina, Mr. GRAHAM, Mr. DEMINT, Mr. 22 U.S.C. 2776(b); to the Committee on Inter- received September 3, 2002, pursuant to 5 SPRATT, and Mr. CLYBURN): national Relations. U.S.C. 801(a)(1)(A); to the Committee on H.R. 5361. A bill to designate the facility of 9016. A letter from the Director, Defense Ways and Means. the United States Postal Service located at Security Cooperation Agency, transmitting 9028. A letter from the General Counsel, 1830 South Lake Drive in Lexington, South notification concerning the Department of Department of Defense, transmitting pro- Carolina, as the ‘‘Floyd Spence Post Office the Air Force’s Proposed Letter(s) of Offer posed legislation to strengthen the manage- Building’’; to the Committee on Government and Acceptance (LOA) to Belgium for de- ment structure of the Office of the Secretary Reform. fense articles and services (Transmittal No. of Defense; jointly to the Committees on By Mr. WILSON of South Carolina: 02-53), pursuant to 22 U.S.C. 2776(b); to the Armed Services and Government Reform. H. Con. Res. 463. Concurrent resolution ex- Committee on International Relations. 9029. A letter from the Under Secretary, pressing the sense of the Congress that on 9017. A letter from the Assistant Secretary, Department of the Treasury, transmitting September 11, 2002, the people of the United Department of Defense, transmitting the De- the Department’s proposal to repeal or mod- States should reaffirm the principles for partment’s FY 2002 Cooperative Threat Re- ify certain reporting requirements in the which the Nation was founded so that free- duction Annual Report to Congress; to the area of international affairs; jointly to the dom may ring from every community in the Committee on International Relations. Committees on Financial Services and Inter- Nation and be heard around the world; to the 9018. A letter from the Director, Court national Relations. Committee on Government Reform. Services and Offender Supervision Agency 9030. A letter from the Secretaries and Di- By Mr. GILMAN: for the District of Columbia, transmitting rector, Departments of the Treasury, Edu- H. Res. 520. A resolution congratulating proposed legislation to authorize the Court cation, and the Office of Management and Bosnia and Herzegovina on the 10th anniver- Services and Offender Supervision Agency to Budget, transmitting a proposed legislative sary of its independence; to the Committee appoint staff without regard to the provi- amendment to section 6103 of the IRC of 1986 on International Relations. sions of title 5, U.S.C.; to the Committee on that would allow the IRS to match the in- f Government Reform. come reported on Federal student aid appli- 9019. A letter from the Under Secretary of cations with income tax return data; jointly PRIVATE BILLS AND Commerce for Oceans and Atmosphere, Na- to the Committees on Ways and Means and RESOLUTIONS tional Oceanic and Atmospheric Administra- Education and the Workforce. tion, transmitting the annual report of the Under clause 3 of rule XII, private Coastal Zone Management Fund for the Na- f bills and resolutions of the following tional Oceanic and Atmospheric Administra- PUBLIC BILLS AND RESOLUTIONS titles were introduced and severally re- tion for fiscal year 2001, pursuant to 16 U.S.C. ferred, as follows: 1456a(b)(3); to the Committee on Resources. Under clause 2 of rule XII, public 9020. A letter from the Assistant Attorney By Ms. CARSON of Indiana: bills and resolutions were introduced H.R. 5362. A bill for the relief of Irina V. General, Department of Justice, transmit- and severally referred, as follows: ting a legislative proposal to amend section Kotlova-Green and her son, Nikita Kotlov; to 709 of title 18, U.S.C., regarding the unau- By Mr. PAUL: the Committee on the Judiciary. thorized use of the name or initials of the H.R. 5356. A bill to abolish the Board of By Mr. OTTER: F.B.I., the U.S. Marshals Service, or the Governors of the Federal Reserve System H.R. 5363. A bill to provide for the retro- D.E.A.; to the Committee on the Judiciary. and the Federal reserve banks, to repeal the active entitlement of Ed W. Freeman to 9021. A letter from the Chief, Regulations Federal Reserve Act, and for other purposes; Medal of Honor special pension; to the Com- and Administrative Law, USCG, Department to the Committee on Financial Services. mittee on Veterans’ Affairs. of Transportation, transmitting the Depart- By Mr. BEREUTER: f ment’s final rule — Safety and Security H.R. 5357. A bill to provide for the review of Zones; USCGC EAGLE port visit-Salem Har- agriculture mergers and acquisitions by the ADDITIONAL SPONSORS bor, Massachusetts [CGD01-02-063] (RIN: 2115- Department of Agriculture and to outlaw un- Under clause 7 of rule XII, sponsors AA97) received August 9, 2002, pursuant to 5 fair practices in the agriculture industry, and for other purposes; to the Committee on were added to public bills and resolu- U.S.C. 801(a)(1)(A); to the Committee on tions as follows: Transportation and Infrastructure. Agriculture, and in addition to the Com- 9022. A letter from the Chief, Regulations mittee on the Judiciary, for a period to be H.R. 122: Mr. CALLAHAN. Branch, Customs Service, Department of the subsequently determined by the Speaker, in H.R. 348: Ms. WOOLSEY. Treasury, transmitting the Department’s each case for consideration of such provi- H.R. 572: Mr. HALL of Texas. final rule — Technical Corrections: Rules of sions as fall within the jurisdiction of the H.R. 600: Mr. WILSON of South Carolina, Origin for Textile and Apparel Products committee concerned. Mr. UNDERWOOD, and Ms. HARMAN. [T.D. 02-47] received August 6, 2002, pursuant By Mr. INSLEE (for himself, Mr. H.R. 632: Mr. LANTOS, Mr. GUTIERREZ, and to 5 U.S.C. 801(a)(1)(A); to the Committee on BLUMENAUER, and Ms. SOLIS): Mr. FROST. Ways and Means. H.R. 5358. A bill to ensure that funds made H.R. 817: Mr. BOOZMAN. 9023. A letter from the Chief, Regulations available to implement the National Fire H.R. 848: Mrs. MEEK of Florida and Mr. Unit, Internal Revenue Service, transmitting Plan on National Forest System lands and EVANS. the Service’s final rule — Weighted Average other public lands are used to reduce the H.R. 968: Mr. MOORE. Interest Rate Update [Notice 2002-57] re- threat of catastrophic wildfire in the H.R. 1021: Mr. SCHIFF, Mr. GRUCCI, and Mr. ceived August 6, 2002, pursuant to 5 U.S.C. wildland-urban interface, to support commu- SOUDER. 801(a)(1)(A); to the Committee on Ways and nity and private land wildfire control efforts, H.R. 1109: Mr. EVERETT. Means. to require that receipts generated from haz- H.R. 1134: Mr. HUNTER. 9024. A letter from the Chief, Regulations ardous fuels reduction projects are returned H.R. 1296: Ms. MCCARTHY of Missouri. Unit, Internal Revenue Service, transmitting to the Treasury, and for other purposes; to H.R. 1322: Mr. LYNCH and Mr. WEINER. the Service’s final rule — Clarification of the Committee on Resources, and in addition H.R. 1543: Mrs. MYRICK and Mr. EHRLICH. Entity Classification Rules [TD 9012] (RIN: to the Committee on Agriculture, for a pe- H.R. 1624: Mr. ROSS, Ms. VELAZQUEZ, Mr. 1545-AX75) received August 6, 2002, pursuant riod to be subsequently determined by the GANSKE, and Mr. OBSBORNE. to 5 U.S.C. 801(a)(1)(A); to the Committee on Speaker, in each case for consideration of H.R. 1723: Mr. GANSKE, Mr. JEFFERSON, Ms. Ways and Means. such provisions as fall within the jurisdic- BERKLEY, and Mr. EHRLICH. 9025. A letter from the Chief, Regulations tion of the committee concerned. H.R. 1908: Mr. GREEN of Wisconsin and Mr. Unit, Internal Revenue Service, transmitting By Mr. KANJORSKI: PETERSON of Minnesota. the Service’s final rule — Department Store H.R. 5359. A bill to rescind the Department H.R. 1918: Mr. CAPUANO, Mr. WYNN, and Mr. Inventory Price Indexes [Rev. Rul. 2002-52] of Veterans Affairs memorandum of July 18, CUMMINGS. received August 6, 2002, pursuant to 5 U.S.C. 2002, in which Directors of health service H.R. 1919: Ms. HARMAN. 801(a)(1)(A); to the Committee on Ways and networks in the Department of Veterans Af- H.R. 1956: Mr. SMITH of New Jersey, Mr. Means. fairs are directed to ensure that no mar- LANGEVIN, and Mr. PUTNAM.

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H.R. 2041: Mr. SOUDER. H.R. 4555: Ms. WATSON and Mr. BAKER. H.R. 5059: Mr. YOUNG of Alaska. H.R. 2117: Mr. OSBORNE. H.R. 4600. Mr. THOMAS, Mr. POMEROY, and H.R. 5064: Mr. SCHROCK. H.R. 2147: Mr. ANDREWS. Mr. THORNBERRY. H.R. 5147: Mr. KOLBE and Mrs. ROUKEMA. H.R. 2357: Mr. HOEKSTRA. H.R. 4643: Mr. LEWIS of Georgia, Mr. H.R. 5235: Mr. COOKSEY and Mr. KOLBE. H.R. 2527: Mr. CRAMER, Mr. BONILLA, and TIERNEY, Mr. OLVER, Mr. STARK, and Ms. H.R. 5253: Mr. BRADY of Pennsylvania. Mr. FILNER. BALDWIN. H.R. 5268: Mr. BORSKI, Mr. SHIMKUS and Mr. H.R. 2573: Mrs. TAUSCHER and Mr. MCGOV- H.R. 4676: Mr. PAUL. DOYLE. ULLIVAN UNNINGHAM ERN. H.R. 4691: Mr. S , Mr. C , H.R. 5272: Mr. MCDERMOTT and Mrs. LOWEY. H.R. 2610: Mrs. MORELLA and Ms. WOOLSEY. Mr. KINGSTON, and Mr. GANSKE. H.R. 5277: Mrs. JOHNSON of Connecticut and H.R. 2866: Mr. ANDREWS. H.R. 4763: Ms. LOFGREN, Mr. THOMPSON of Mr. RAMSTAD. H.R. 2874: Mr. LANTOS, Mr. MARKEY, Mr. California, Mr. CALVERT, and Mr. FOLEY. H.R. 5304: Mr. TANCREDO. PRICE of North Carolina, Mr. PHELPS, and H.R. 4780: Mr. MALONEY of Connecticut, Mr. H.R. 5311: Mr. BOOZMAN Mr. CROWLEY and Mr. SCHIFF. ABERCROMBIE, Mr. DEUTSCH, Mr. LYNCH, Ms. Mr. SHOWS. H.R. 2966: Ms. DELAURO and Ms. WATSON. DELAURO, Mr. RUSH, and Ms. ESHOO. H.R. 5316: Mr. HAYWORTH. H.R. 3430: Mr. PETERSON of Minnesota. H.R. 4843: Mr. CLEMENT, Mr. RAMSTAD, Mr. H.R. 5334: Mrs. JONES of Ohio. H.R.3431: Mr. COOKSEY and Mr. VITTER. GILCHREST, Mr. ROSS, Mr. LIPINSKI, Mr. ATSON ILLENDER H.R.3450: Mr. THUNE, Ms. BERKLEY, and Mr. SPRATT, and Mr. GUTIERREZ. H.R. 5340: Ms. W , Ms. M - C ONALD ROST AVIS LARSEN of Washington. H.R. 4887: Mr. FOLEY, Mr. ENGLISH, and Mr. M D , Mr. F , Mr. D of Illinois, H.R. 3464: Mrs. MCCARTHY of New York, Mr. TANCREDO. Ms. SOLIS, Mr. LEWIS of California, and Ms. MCNULTY, and Mr. WHITFIELD. H.R. 4942: Mr. TIAHRT. SANCHEZ. H.R.3552: Mrs. MALONEY of New York and H.R. 4963: Mr. BALDACCI. H.J. Res. 66: Mr. DOOLITTLE. Ms. ROS-LEHTINEN. H.R. 4983: Mr. NORWOOD, Mr. THOMPSON of H.J. Res. 108: Mr. RYUN of Kansas. H.R.3831: Mr. KENNEDY of Rhode Island. California, Mr. BERRY, Mr. ROSS, Mr. BOS- H. Con. Res. 315: Mr. MANZULLO. H.R.3899: Mr. PRICE of North Carolina. WELL, Mr. TURNER, Mr. SHOWS, Mr. ISRAEL, H. Con. Res. 343: Mr. SCHIFF. H.R. 4000: Mr. BOUCHER, Ms. VELAZQUEZ, Mr. SCHIFF, Mr. PHELPS, Mr. JOHN, Mr. H. Con. Res. 431: Ms. SLAUGHTER. and Mrs. NAPOLITANO. CRAMER, Mr. MCINTYRE, Mr. SAWYER, Mr. H. Res. 499: Ms. WOOLSEY. H.R. 4086: Mrs. MORELLA. FROST, Ms. SCHAKOWSKY, Mr. GONZALEZ, Mrs. H. Res. 518: Ms. DELAURO, Mr. BARRETT, H.R. 4089: Ms. BERKLEY and Mr. MCGOVERN. CHRISTENSEN, Mr. EDWARDS, and Mr. Mr. BOYD, Mr. ETHERIDGE, Mr. ANDREWS, Mr. H.R. 4091: Ms. BERKLEY and Mr. MCGOVERN. HOEFFEL. TANNER, and Mr. EVANS.

VerDate Sep 04 2002 01:56 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A10SE7.024 H10PT1 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, TUESDAY, SEPTEMBER 10, 2002 No. 113 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, the Interior appropriations bill. Hope- called to order by the Honorable JON PRESIDENT PRO TEMPORE, fully, we will be able to work with Sen- CORZINE, a Senator from the State of Washington, DC, September 10, 2002. ator THOMPSON, who has been easy to New Jersey. To the Senate: work with, and move this along. Some Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby of the other Members, we know, are PRAYER appoint the Honorable JON S. CORZINE, a waiting. We hope we can accomplish a The Chaplain, Dr. Lloyd John Senator from the State of New Jersey, to lot today. We could have a late night Ogilvie, offered the following prayer: perform the duties of the Chair. tonight. Almighty God, we begin this day ROBERT C. BYRD, f with the words of the psalmist when he President pro tempore. prayed, Mr. CORZINE thereupon assumed the RESERVATION OF LEADER TIME I cried out, You answered me and made Chair as Acting President pro tempore. me bold with strength in my soul.— The ACTING PRESIDENT pro tem- (Psalm 138:3). f pore. Under the previous order, the We, too, cry out, asking You to make RECOGNITION OF THE ACTING leadership time is reserved. us bold because of Your strength surg- MAJORITY LEADER f ing in our souls. We yield our souls to The ACTING PRESIDENT pro tem- DEPARTMENT OF THE INTERIOR be ports of entry and dwelling places pore. The assistant majority leader is AND RELATED AGENCIES APPRO- for Your Spirit in us. You form Your recognized, the Senator from Nevada. PRIATIONS ACT, 2003 character in us and give us convictions we cannot deny. Your strength makes f The ACTING PRESIDENT pro tem- us resolute in living the truth. We feel SCHEDULE pore. Under the previous order, the boldness to speak Your truth and to Mr. REID. We will begin a period of Senate will now resume consideration follow Your guidance. Exorcize any time until 10:30 to debate the Daschle of H.R. 5093, which the clerk will re- fear, timidity, or equivocation. amendment. We have people who wish port. Father, as the Nation looks to our to speak. The time is evenly divided The legislative clerk read as follows: Senators for moral integrity and inspi- between the two leaders. We will vote A bill (H.R. 5093) making appropriations ration, give them a special measure of on this matter at approximately 10:30. for the Department of Interior and related Your power, so that, from the depth of agencies for the fiscal year ending Sep- Today, because it is Tuesday, we will tember 30, 2003, and for other purposes. their souls, they will have Your super- be in our weekly party conferences natural strength to lead with courage. from 12:30 to 2:15. At 2:15 we will begin Pending: We have a great need for You; and You consideration of the homeland defense Byrd amendment No. 4472, in the nature of are a great God to meet our needs. You bill. This morning we will work on the a substitute. are our Lord and Saviour. Amen. Byrd amendment No. 4480 (to amendment Interior bill. Hopefully, we will have a No. 4472), to provide funds to repay accounts f couple of votes—not just this one from which funds were borrowed for emer- PLEDGE OF ALLEGIANCE vote—on this matter that will be voted gency wildfire suppression. on at 10:30. Daschle modified amendment No. 4481 (to The Honorable JON CORZINE led the Tomorrow there are a number of ac- amendment No. 4480), to provide emergency Pledge of Allegiance, as follows: tivities here and at the Pentagon re- disaster assistance to agricultural producers. I pledge allegiance to the Flag of the garding September 11. Tomorrow there AMENDMENT NO. 4481 United States of America, and to the Repub- lic for which it stands, one nation under God, will not be much legislative business. The ACTING PRESIDENT pro tem- indivisible, with liberty and justice for all. There will be an opportunity for people pore. Under the previous order, there f to give speeches. Around noon there will now be 60 minutes remaining for will be a moment of silence. Following debate on the Daschle amendment APPOINTMENT OF ACTING that, we will have some time set aside numbered 4481. PRESIDENT PRO TEMPORE for people to give speeches, if they de- The Senator from Minnesota. The PRESIDING OFFICER. The sire. We have so much to do and so lit- Mr. WELLSTONE. Mr. President, I clerk will please read a communication tle time to do it. ask unanimous consent I be allowed to to the Senate from the President pro Thursday and Friday, we are working follow Senator BURNS. tempore (Mr. BYRD). on this bifurcated schedule. Maybe if The ACTING PRESIDENT pro tem- The legislative clerk read the fol- we get rid of these two amendments pore. Without objection, it is so or- lowing letter: today we can see the end in sight for dered.

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

S8393

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8394 CONGRESSIONAL RECORD — SENATE September 10, 2002 Mr. BURNS. I thank my friend from the President will sign this bill. I know colleagues, regardless of the State they Minnesota. Senator BYRD will be a lit- he will. I think if we get a strong vote are from, to please support this amend- tle bit late this morning. If the Senator on the Senate side, the House will sup- ment. would like to give his statement now, port it. It is just impossible for any I yield the floor. that is perfectly OK with me. I think Senator or Representative—it doesn’t The ACTING PRESIDENT pro tem- there will be more speakers on our really matter about party—you just pore. Who yields time? side. I am supporting the amendment. cannot turn your back on people. Mr. BURNS. Mr. President, I yield 15 We will make those points at a later All these statistics, to me, translate minutes to the Senator from Kansas. time. in personal terms. The trips I have The ACTING PRESIDENT pro tem- I yield the floor. taken to northwestern Minnesota have pore. The Senator from Kansas. The ACTING PRESIDENT pro tem- been among the most emotional experi- Mr. ROBERTS. I thank my distin- pore. The Senator from Minnesota. ences I have had as a Senator. You can guished colleague for yielding. Mr. WELLSTONE. I thank my col- see the damage the floods have caused. Mr. President, before you saddle up league and I thank the Senator from FEMA can help with temporary hous- to ride on a new trail, it is a good thing Montana for all of his support, all of ing, and FEMA can help if there is to take a look at where you have been. his leadership on this amendment that damage of public infrastructure. FEMA You can avoid a lot of trouble—a lot of deals with disaster assistance for rural helped us build a new school in Ada, ditches, a lot of box canyons—that America. MN. That was so important. But when way. The problem is that in terms of Colleagues, the Presiding Officer it comes to farm country, really, if we yet another expensive disaster bill for comes from a State where agriculture do not provide the help, it is just not farmers and ranchers—sorely needed— is not the No. 1 industry. Thomas going to be there. FEMA cannot deal we are indeed in a box canyon. It ap- ‘‘Tip’’ O’Neill said all politics is local. with these kinds of crop losses. pears we are going to have to pay quite I add, all politics is personal. For me, It is just the absolute sense of dis- a price to backtrack, to get to a re- this is probably the biggest priority I couragement, of just being completely sponsible and reasonable farm program have right now, to get help to people. beaten down, of seeing your whole life’s policy to be of assistance to our farm- This amendment, which started with work disappear, of just believing there ers. Senator BYRD providing assistance for is no future. Then there has been the We didn’t have to go down this trail. firefighters working on fires in our delay, and the delay, and I think a lot I would like to read a quote by the dis- country, and some Members said, let’s of farmers—and not just farmers, peo- tinguished Senate majority leader. He do this all together. ple in northwest Minnesota—have just is doing the best he can, as he sees it, I come from a State where we have lost all hope. with the disaster bill. But the majority had massive devastation, massive I make this appeal to all my col- leader said in regard to the new farm losses from flooding. Others come from leagues to please support this legisla- bill when it was passed in May, accord- States where there is drought. Others tion. The truth of the matter is, never ing to CQ Monitor News: come from States where there are fires. in the 12 years I have been here have What we are doing is putting certainty And, of course, since I have been in the we hesitated to provide disaster assist- back in the bill. And I would argue, we’re Senate it has been hurricanes, tor- ance moneys to people. We never have going to be doing it at less cost to the Fed- hesitated—never—to take it out of general Government during the course and life nados, you name it. This provides of this bill than we did under Freedom to much needed assistance to farmers, eral revenue. We know we are going to Farm because you are not going to see these whether they be wheatgrowers, soy- have to do it. As I say, if it is the farm- disastrous supplemental requests in the fu- beans, or livestock producers. ers in northwest Minnesota now, it ture. We’d still like to get one for 2001, but In our State, the estimates of the could be people on the coast in Florida in the future you are not going to see them. amount of loss of dollars is $300 million who need help tomorrow. God knows, It won’t be necessary. plus. The people with the best of crop people in Colorado need it. Certainly in At the same time, we also had many insurance have lost 30 percent that Colorado we have drought; South Da- say that the new farm bill was the they do not have covered. The inde- kota, North Dakota; Kansas is faced greatest farm bill ever passed. pendent producers cannot make it. with these struggles—it is all over the Here we are, only 4 months out from This is what we have, a situation country. And then it could be some- the passage of the farm bill, and farm- that is a perfect example of there but thing else next year and the next year. ers are lined up outside the Farm Serv- the grace of God go I, or we are our We are talking about natural disasters. ice Agency offices in great numbers, brother’s keeper or sister’s keeper. This is long overdue. with all of the complexities of the bill, How true. As a Senator from Minnesota, I view and already these folks and a majority I have never, since I have been a Sen- this as the most important vote we of the farm and commodity organiza- ator, voted against disaster assistance could have. I appeal to all my col- tions are also lined up, pushing for a for any part of the country. I know leagues, regardless of the region of the disaster assistance package, a bill the that when people are hit by floods or country you are from, regardless of Congressional Budget Office now says drought or tornadoes or hurricanes or whether you are faced with any of will come close to $6 billion. It is a bill fire, it does not have a thing to do with these catastrophes. I again pledge, one that faces an uphill, if not impossible, whether they work hard or do not work more time—I see two more colleagues battle in the House and a possible Pres- hard, are good managers or not good here in the Chamber, so I am not going idential veto. managers. No one asks for this. to take more than another minute or How on Earth did we get here after In the original farm bill, I think we two. Here is what I say to you, and it passing the so-called greatest farm bill had over $2 billion for disaster assist- is an absolute promise I will keep. If ever? Because in my view the new farm ance for 2001. It was taken out in con- you, as a Senator from New Jersey, or bill is flawed. Simply put, it provides ference. It was opposed, I guess, by the the Senator in the chair, any Senator no assistance to farmers when they administration and some of the leader- ever comes to the floor and says, my need it the most. That so-called and ship in the House. We tried to bring God, this is what has happened, there is much talked about countercyclical this disaster relief bill up, we tried to this devastation, there is no way peo- safety net we heard so much about— put it on the supplemental appropria- ple can build their economic lives with- well, it was not a safety net. It is a tions bill, without much luck. out this disaster relief—I know it is hammock. It has holes, and it is lying I think the support has built for this not in the State of Minnesota—will on parched acres suffering from legislation. We are going to have a you, as a Senator from Minnesota, sup- drought. really strong vote, and, frankly, I am port this? I will say yes, because we are We are in, as has been said and has not really interested in drawing the a national community and we help peo- also been covered in the press, one of line, as in Democrats versus Repub- ple. That is what it is about: We help the worst droughts we have ever seen licans. I do not think this has much to people. This is critically important. in many parts of the Plains. Pastures do with that. I wish the administration I hope we will get a huge vote for this are gone. Cattle herds have been liq- would be more supportive, but I think amendment. I make the plea to all my uidated. Combines never left the shed

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8395 in parts of Kansas. Parts of our great One of the criticisms of the farm bill out of any committee consideration of State look like the desert areas of the was that it was too complex. Farmers that bill. And due to the parliamentary southwestern United States. I have would get payments in maybe one in situation in which this second-degree bankers telling me they cannot cash four mailboxes. If you looked in one amendment was submitted, we have no flow a single producer who does busi- mailbox, no payment. If you looked in opportunity to offer amendments to ness at their bank. a second mailbox, no payment. If you this package. In large part, these cash flow prob- looked in a third mailbox, no payment. I had a proposal to allow producers to lems are the result of a farm bill that If you looked in a fourth mailbox, choose between 2001 and 2002 assist- provides no assistance to producers maybe 6 cents a bushel. ance. The other side didn’t like that, this crop-year when they do not have a That is one of the major flaws of this though it was a better deal for tax- crop. When the farm bill was debated farm bill. It is why I pushed an alter- payers. It brought the price down. And, months ago, I said I would vote against native farm bill approach. It is also after all, farmers did receive the extra the bill because it would not have pro- why I proposed implementing this bill AMTA payment in 2001. vided the so-called countercyclical as- or any new bill in 2003—the next Was it perfect? No. But it was a half- sistance to wheat producers in 9 of the cropyear to give us enough time to way point between those wanting as- last 20 years. Why would you support a work on it—and doing a budgeted $5.5 sistance and some in this body who farm bill that did not really provide billion supplemental AMTA payment want nothing at all. It worked to pro- any assistance in about half of the plus livestock feed assistance for this tect the Crop Insurance Program by re- time in the past 20 years, with most of year—cash payments, income protec- quiring the purchase of crop insurance those years being in poor production tion, not a countercyclical payment in order to receive disaster assistance. years caused by droughts, flooding, less than what we are going to spend in Why buy crop insurance if you are freeze, insects—the years when we need regard to this disaster bill. going to get disaster assistance every the assistance the most, 9 out of 20? I Instead, here we are doing a disaster year? did not think that was a very good bill again. Every even numbered year It tried to make proper use of tax- deal. there is disaster assistance proposed payer dollars by keeping this spending For that I received some criticism on and disaster assistance to implement. in check. And it was popular with my this floor. I was told it was OK that the As long as this farm bill is our current Kansas producers on my recent tour in bill would not have paid out in 9 of policy, we are probably going to be the 105 counties of the great State of those 20 years because that meant that back here doing one each and every Kansas. prices were high and producers would year. We will not have a chance to debate not need the assistance. This ride into a farm bill box canyon any alternative proposals today. This Let the record show that yesterday is expensive. It is full of regulatory package will probably pass. I am going in Dodge City, KS, the closing price potholes, all sorts of snakes that come to reluctantly—heels dragging—sup- was $4.67 a bushel on wheat. That is a back and bite the producer and truly port it. I have to support it. The situa- tremendous price as compared to where counterproductive—not counter- tion is grim—absolutely grim. It has it has been, so prices have come up. It cyclical. Two years ago, we made sig- been hotter out in Kansas. It has been is about $2.91 a bushel for corn, $4.28 a nificant reforms to the Crop Insurance drier out in Kansas. But it has never bushel on sorghum, $5.61 a bushel on Program. That was the tool under the been as hot and as dry at the same soybeans—great prices. But, with these Kerrey-Roberts bill, or the Roberts- time—even back in dirty thirties—as is prices, my producers are barely hang- Kerrey bill depending on which one you the case as of today. ing on. Why? They have no crops to want to give the credit. If you like it, But let’s be honest with ourselves sell. Consequently, the few who did it is the Roberts-Kerrey bill. If you do and the American public. These funds sold early to meet these emergency ob- not like it, it is the Kerrey-Roberts are coming straight from Social Secu- ligations. rity. It is the other side that has in- This August, I just finished a 105- bill. creased the bidding war right at the county listening tour. I wish those There are significant reforms. Cov- start of this appropriations process, ‘‘greatest farm bill ever’’ proponents erage levels are up. Insured acres are and we are doing this plain and simple would have been there. My farm meet- up. Indemnities paid to producers are because we have a new farm bill that is ing in Stockton, KS, America, started substantial. We spent $1 billion to ad- flawed and that has created a cash flow out with a farmer telling me: dress the problems caused by multiple vacuum in rural America. Pat, thanks for voting against that farm years of losses. Many producers are bill. I don’t think most of us can survive this telling me they are just beginning to There is no question that we need— first year under it. We were counting, under realize the benefits of this change. that our farmers need—this disaster as- the old bill, on a supplemental payment You can insure up to the 85 percent sistance. The situation in farm country called the AMTA payment, or at best the coverage level. However, because of the hit by drought—the drought that equivalent of that payment. farm bill that was passed earlier this caused increased market prices in It was a common statement all year, which took money out of crop in- other commodity regions, not the farm throughout Kansas. surance, we are now doing a disaster bill—is recordbreaking. It is severe. By The difference is that under that pay- assistance bill that works to under- passing—‘‘force-feeding’’ is the better ment, the checks would have been mine the very reforms we passed in the term—this expensive emergency dis- there now and it would have been 60 year 2000. Again, it didn’t have to hap- aster package, without any chance for cents for wheat as opposed to a very pen this way. amendment, what do we achieve? I will small direct payment of 6 cents a bush- We proposed a farm bill that would tell you what we achieve. We achieve el for wheat. And the other three com- have provided assistance in years of an issue. I hope the end result is that ponents of the countercyclical pay- both low prices and crop losses. The we achieve a bill. Right now we have ment don’t work in times such as this. other side said: No thank you. an issue. This bill will not pass the It is true that prices are high. But it We proposed a supplemental AMTA House. It will not be signed by the is because drought has reduced the sup- package and livestock assistance that President. It is going to be a little plies. In many instances, my producers would have been paid for in the budget. tough for the farmer, it seems to me, had no crop to harvest. And that is The checks would be out this month. to cashflow with politics and an issue true in Montana, it is true in Wyo- The other said: No thank you. at the bank. ming, it is true in Colorado, it is true It took USDA 8 months to provide I hope when we pass this bill—this in South Dakota, it is true in Ne- disaster payments several years ago. very expensive bill that is headed for braska, and it is true in Oklahoma. But They are hard hit today trying to work an uphill battle in the House and with due to these high prices, they are not through all of the paperwork on the the administration—that we can reach going to receive any countercyclical new farm bill. I am not sure that will some accommodation in conference. payments. There is no loan deficiency happen in regard to immediate assist- Reluctantly, I will vote for the bill. I payment, and they have no crop to put ance. Here we are again, just like the don’t like the way it has been brought under loan. farm bill. My minority party was shut up. I have gone over all of the reasons

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8396 CONGRESSIONAL RECORD — SENATE September 10, 2002 why I think we should have done it an- It just takes a longer time in building. and ranchers across Nebraska and all other way. It doesn’t have necessarily a beginning rural America. It will make the dif- I yield the floor. point or an ending point, but it ex- ference between keeping their farms or Mr. BURNS. Mr. President, I would pands over a broad period of time. We being forced out of agriculture—to the like to make another note about this would have had an aid package within very great detriment of all of us who process being hijacked for the last year a few weeks, and assistance would al- depend on the ‘‘breadbasket of the and a half. When we started talking ready be on the way, and the commu- world.’’ about drought and disaster relief and nities that have felt the hurt and the We must pass this legislation and en- agriculture, the number was much pain would already be feeling the posi- sure that our rural communities are smaller. In the meantime, we did pass tive effects from this kind of support. not allowed to wither under the worst a farm bill that I reluctantly sup- Here we are responding to natural dis- conditions in over half a century. ported. Of course, I was a party, with asters, and I think it is important we This is not the result of a bad crop- the Senator from Kansas, in offering a do that. We can remedy that by passing year or bad market price; it is about a substitute amendment that I think this amendment today, not waiting no-crop year. It is about a no-pasture would have been better for agriculture. any longer. year, a no-grassland year on top of 2 or We have a circumstance at this time I also believe that my colleagues who more for 5 years. It has been where we in this particular case where the are not from drought-stricken States have been experiencing no crops, no money was taken out of agriculture may not have the entire picture about pasture, and no future—unless we are and a drought where you have no crop how bad this has been. I know I have able to step forward today and adopt for sale. We have a cashflow problem. been kept up to date on the devasta- this legislation. In other words, we would like to see tion caused by the drought—getting re- Mr. President, I would like to close our agricultural producers go to the in- ports, getting information, seeing pic- my statement this morning by quoting surance program—we think it is much tures—but visiting the drought areas from what Dale Dueland said at the better than it was, say, 2 years ago— during the recess firsthand was cer- Senate Agriculture Committee hearing and to assume some responsibility in tainly an eye-opening experience. in Grand Island, NE, last month. And I risk management. That is not the case Going to farms that have had crops— quote him: now because of the drying up of funds some good, some bad—every year for 70 This drought is a disaster. It is as severe over the last year and a half. The cir- years and today, this year, to see there and as much a disaster as any flood, tornado, cumstances have changed. Thus, we is no crop, for the first time ever, is an hurricane, or earthquake that you could have the amendment on the floor that eye-opening experience. To walk across imagine. It has been sneaky and sinister. It is before us today. a cornfield and find only shriveled cobs has tempted and teased us for two years with moderate dry spells, and this year just un- I appreciate the work the Senator that can barely be shucked and having no kernels is an eye-opening experi- leashed an unbelievable 90 days of extreme from Kansas has done in providing real heat and dry to scorch the earth. This dis- help instead of getting into a position ence. This is not the result of poor plan- aster deserves extreme measures to deal with where we fall to the whims of politics. the problems. ning or some unfortunate weather; this There are circumstances that arise is the result of a natural disaster that Mr. President, I could not have said that make this issue a very conten- has crept upon the land, had no mercy; it better than my friend Dale Dueland. tious issue. I thank him for his work. and it has turned upside down the The PRESIDING OFFICER (Mr. CAR- Mr. ROBERTS. I thank the Senator. PER). Who yields time? Mr. BURNS. Mr. President, I yield to hopes and the work that went into planting this spring. Mr. BURNS. Mr. President, I yield 6 the Senator from Nebraska. Again, for much of my State, this is minutes to the Senator from New Mex- The ACTING PRESIDENT pro tem- a no-yield year. I would like to give ico. pore. The Senator from Nebraska is some specific examples that I heard The PRESIDING OFFICER. The Sen- recognized. back home. A family farmer near ator from New Mexico is recognized for Mr. NELSON of Nebraska. Mr. Presi- McCook, NE—my hometown—Dale 6 minutes. dent, I thank my friend and colleague Dueland, whom I have known from the Mr. BINGAMAN. Mr. President, I from Montana, Senator BURNS, for days that he crawled across his fam- thank my colleague, Senator BURNS, granting me some time this morning to ily’s floor, said he would have a zero for yielding time for me to come and speak regarding this very important yield on his 900 acres of dryland corn. speak on behalf of this amendment. legislation to assist our farmers and That crop is a loss this year, despite This is an amendment to provide ranchers across our country with the preparation that assumes little mois- emergency drought relief for ranchers disaster which they have been experi- ture—as he always assumes little mois- and farmers. The amendment is based encing—not only this year but in many ture—and despite crop insurance. on Senator BAUCUS’ bipartisan bill, S. cases for 2 or as many as 5 years. Al Davis from Hyannis told me: 2800, of which I am very pleased to be I thank Senators BAUCUS and BURNS ‘‘Each day places another nail in the a cosponsor, along with 16 other Sen- for their tireless work to get drought coffin of many individual ranchers in ators. relief to the floor. I thank Senator Nebraska and on the Great Plains. The ranching tradition in our State— DASCHLE for moving so quickly to get Many ranchers have already thrown in in New Mexico—goes back 400 years to this amendment to a vote. the towel and are liquidating portions the time that the Spanish settled the I think going home over the August of their herds,’’ which will have an im- State. The cattle and calf industry in recess certainly gave many Senators— pact not only today and tomorrow but our State is the single most important and all of us from the States that have for the next several years until those agricultural product that we have, been hit by drought even more reason herds are rebuilt, if they are rebuilt. which represents close to $1 billion a to move on this bill. I am glad we are Annette Dubas, who owns a ranch year in direct cash receipts to people in having this vote today. and farm in western Nance County, NE, our State. This drought is a disaster. It has been told me after the third year in a row of Most of the cattle industry is con- a disaster for agriculture and a disaster drought conditions, some farmers in centrated in rural areas of the State, for rural communities which depend so her area had already been forced out, such as Union County, Chaves County, much on agriculture. If this had been a while others work two jobs just to be and Curry County. These are family- hurricane or an earthquake, we would able to keep their farms going. These owned businesses. The families in New have already responded. If we had are not big-time corporate farms; these Mexico who own these businesses, in found a way to call a drought by name, are family farmers who are being driv- many cases, have ranched this same such as ‘‘Drought Andrew,’’ or drought en out of businesses that, in some land for many generations. this or drought that, we probably cases, have been in their families for New Mexico, like much of the rest of would have been able to have it crys- generations—in many cases 100 or more the West, is now in the throes of the tallized so people could see that it is years. worst drought in at least 50 years. In the same kind of experience as you The relief package before us today is some parts of the State, the drought have with any other natural disaster. of the utmost importance to farmers has persisted for the last 3 years.

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As a fiscal conserv- The Governor of New Mexico has de- retary of Agriculture, in support of ative myself, I plan to use an offset for clared a statewide drought emergency. emergency drought funding as provided desperately needed livestock assistance He declared that in April. The Sec- for in this amendment, be printed in funding. retary of Agriculture has now declared the RECORD. Time has changed things since we every agricultural county in our State There being no objection, the letter voted for disaster assistance in the a disaster area. was ordered to be printed in the farm bill. The national economic pic- Since March of this year, the USDA RECORD, as follows: ture isn’t so rosy with the thunder has rated range and pasture conditions DEPARTMENT OF AGRICULTURE, clouds of the forecasted deficit on the in New Mexico at an average of 81 per- STATE OF NEW MEXICO, cent poor or very poor. These condi- Las Cruces, NM, June 6, 2002. horizon. In fact, the economic forecast tions have made it impossible for Hon. JEFF BINGAMAN, is as stark as the weather forecast ranchers to maintain their herds. As a U.S. Senator, Hart Senate Office Building, ranchers are reading in my State. This result of the continuing drought, water Washington, DC. is a time for choices. The agricultural DEAR SENATOR BINGAMAN: As you know, community can’t have it all, but we tanks and stock ponds in New Mexico’s our ranchers are facing a financial hardship rangeland have dried up. Ranchers in can do our best to act responsibly and due to the drought. I ask your support for serve their needs. That is what my my State are hauling water and are funding the Livestock Assistance Program supplementing feed for their herds. As authorized in the recent farm bill. amendment would do. And it doesn’t grazing conditions have continued to Pasture conditions have declined severely just serve the ranching community worsen, many ranchers have culled over the past months. Currently, pasture and My proposed amendment is not an at- their herds because of the cost of water feed conditions are reported in very poor to tempt to decrease the assistance going poor condition. As a result, ranchers are pro- and feed being more than they could viding supplemental feed and hauling water to our agricultural communities or to bear at this stage. to their livestock. Ranchers in the state are thwart the emergency agricultural The drought will continue to impact also culling herds to reduce their feed costs. amendment before us now. I have spent producers in our State for years to Cattle and calves are New Mexico’s largest the last month in Wyoming and the come. Without emergency support such agricultural industry. The overall economic devastation there is imprinted in my as contained in this amendment, the impact from the ranching industry to the brain. This is the third year Wyoming ongoing drought could very well put state is over $1 billion. Please call me at (505) 646–5063 if you have and the west have been battling the ef- many of our ranching families out of any questions. fects of the weather and suffering business for good. Sincerely, through a drought that has had a se- I would like to take this opportunity FRANK A. DUBOIS. vere impact on families and commu- to thank the staff of the USDA’s Farm Mr. BINGAMAN. Mr. President, I nities throughout the west. As an ex- Service Agency in New Mexico for their yield the floor. ample, when I was home in Gillette I fine work so far this year in helping The PRESIDING OFFICER. Who noted that we had received just over New Mexico farmers and ranchers deal yields time? half of our normal level of precipita- with the drought. They have used the Mr. BURNS. Mr. President, how tion since January. Water is so pre- limited tools available to them. Paul much time remains on our side? cious right now Wyomingites treasure Gutierrez, Scotty Abbott, and Rosalie The PRESIDING OFFICER. Three every drop that falls from the sky as a Ramirez have worked effectively to minutes, 15 seconds remain. gift from the heavens. Unfortunately, provide some limited economic help to Mr. BURNS. I yield 3 minutes to my those gifts have been few and far be- producers throughout New Mexico. As friend from Wyoming. tween and, at the printing of the last The PRESIDING OFFICER. The Sen- a result, many producers in our State crop report, 80 percent of Wyoming’s have been able to take advantage of ator from Wyoming is recognized. range and pasture feed was rated in low-cost loans, emergency haying and Mr. ENZI. Mr. President, Wyoming is poor or very poor condition. That 80 grazing on CRP land, or assistance experiencing a level of drought that percent represents a huge increase over through the USDA’s Emergency Con- has been devastating to the ranching our 5-year average, which was 32 per- servation Program. industry of my State. In an effort to However, even with this limited help address a need that grows more and cent. from USDA, the farmers and ranchers more desperate every day, I am cospon- At the present time, only 13 percent of New Mexico are continuing to suffer soring the emergency agricultural dis- of Wyoming has adequate topsoil mois- the economic effects of the drought. In aster assistance amendment. This ture. That lack of soil moisture not previous years, Congress has provided amendment funds the Livestock Assist- only makes it impossible to grow emergency support through the Crop ance Program for both 2001 and 2002 crops, but it also has effects that ripple Disaster Program, the Livestock As- and responds to a call for help that throughout our entire State. sistance Program, and the American echoes through the ranching commu- In our Popo Agie Conservation dis- Indian Livestock Feed Program. I be- nities of Wyoming and throughout the trict a fracture opened up this summer lieve the drought disaster in New Mex- west. in the ground. Soil scientists called in ico is so severe that assistance again The need for drought assistance is to determine the cause of the fracture this year is justified. great, but the need for responsible leg- said that the 5-foot deep crack had I first voted to support drought relief islating is just as great. As a cospon- opened up because there is not enough in February during consideration of sor, I am fully supportive of the moisture in the soil for the land to the farm bill. That amendment, which amendment before us; however, I must maintain its current status and struc- Senator BAUCUS offered, was adopted serve the needs of my State without ture. by a large vote of 69 to 30. Unfortu- breaking the budget. For this reason, I There is a good reason for that. The nately, the House refused to include plan to introduce an amendment, with U.S. Drought Monitor indicates that the emergency funding in the farm bill, the support of Senator GRASSLEY, to significant parts of the west, including and it was dropped in conference. offset the emergency funding for the Since the Senate voted in February, Livestock Assistance Program by rein- Wyoming, are experiencing an excep- the conditions in my State have con- stating payment limitations in the tional level of drought—level D4. tinued to deteriorate because of the farm bill. I plan to pay my own way for That’s the highest rating given for the lack of moisture. the assistance I have advocated for status of a drought. The emergency funding provided in over a year. As I noted, the effects of drought at this amendment will provide payments My proposed amendment does its a D4 level ripple throughout our com- to ranchers for the losses they have best to work within the strictures of a munities. For instance, the drought

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has forced Wyoming’s Governor many others, the drought has been you only are getting 1⁄5 of the water Geringer to ban the use of fireworks or nothing short of a disaster. you pay for that adds up to about campfires on State lands. Many of Wy- It’s easy for me to tell you how my $355,000, again added expenses due to oming’s towns and counties have fol- constituents are suffering because of the drought. lowed the Governor’s lead and banned the drought which has destroyed so Remember, our total income came to similar activities on their town and much of the resources upon which they $400,000. That means, after those ex- county lands. These stipulations have depend, but unless you hear with your penses, you’re left with about $45,000 to ruined some businesses and forced oth- own ears how bad things have become, pay the normal operating expenses of ers that rely on summer sales to go you still might not believe it. the ranch, pay your mortgage, pay without their one chance to make a Let me tell you a story about what whatever help you have hired, make re- profit this year. It’s a sacrifice, but ev- your life would be like if you were part pairs on your ranch and the equipment eryone understands the reason for the of a typical family in Wyoming that is you need—and, oh yes, feed and clothe ban. After all, in a region that has been barely holding on from the effects of 3 your family. plagued with fires, a single spark in an years of drought. Ranchers have added up those num- area surrounded by dry wood is a for- It’s July on the ranch and you have bers in just about every way you can mula for disaster. Although everyone 1,000 cow/calf pairs. Normally, on a day imagine and come up with the same an- understands the need to take drastic like today, you would have paper and swer—they can’t afford to keep their steps to address the drought, everyone pencil in hand to calculate how much cattle. That’s why the sale rings in Wy- is also suffering from the devastating you expect to make in the fall when oming are full and overflowing—which impact of a lack of water. you sell your calves. Unfortunately, only serves to continue to drive prices It may be difficult for some of us to this is not a normal day or a typical downward. comprehend the lack of water out west year. For on this day you are using As you can see, the double pressures because for so many of the fortunate your pencil and paper to calculate just of drought and the current depressed citizens of the United States a suffi- how bad the news will be in the coming market have hit the ranchers in the cient supply of water is no further months. Your bottom line this year West particularly hard. away than the nearest tap or faucet. will not reflect your margin of profit, Ranchers are usually an optimistic There are even States suffering from but your margin for survival. bunch, but this time nature offers the effects of floods. Wyoming, how- Last year you sold 1,000 calves at an them no reprieve and little reason to ever, as is much of the west, is in des- average of 600 pounds for $1.07 a pound. hope. perate need of every drop of water we Your total income from your hard Farmers are having the same prob- can find. work came to almost $640,000. That is lem, but they have something our The best example of what the before any expenses. ranchers do not have—crop insurance. drought has meant to our tourism and This year, the conditions brought Here on the Senate floor we crafted a recreational industry is the Bighorn about by the current drought have farm bill that ensured there would be Canyon National Recreation Area, forced you to sell your calves earlier help for our Nation’s farmers. We fully which stretches 60 miles from the be- and at a lighter weight. funded the programs farmers rely on ginning of Bighorn Lake to Yellowtail That’s the bad news. and made sure they’d have a source of Dam in Montana. The worse news is that you have support when the market turned sour. Usually boaters have a choice of watched the bottom fall out of the cat- Unfortunately, we didn’t do the same three ramps to use to launch their tle market this year. That means for ranchers. The rancher doesn’t have boats onto the lake. The lake has been you’ll be selling your cattle at a lower a safety net to keep him propped up dropping an average of 2 to 5 inches a weight and at a lower price. It’s a dou- nor does his crop, the cattle he raises, day, so all the ramps have been closed. ble whammy that is sure to destroy have a price safety net. This is an in- Since the drought began the water you this year and leave you muttering equity that must be addressed. level has dropped at least 45 feet. the old baseball adage to yourself, Wait As I listened to the heartfelt delib- The reservoirs in the rest of Wyo- till next year. erations of the Senate on the farm bill, ming are in even worse condition. If So, you continue your calculations I heard a plea for the provision of the drought continues, the dam at and note that you’ll probably be selling $360,000 a year, which is the current Boysen reservoir will no longer be able 1,000 calves this year at an average of payment limitation, in assistance to to produce electricity because the dan- 500 pounds for only 80 cents a pound. farmers. As the debate progressed I gerously low volume of water means That will bring you about $400,000—be- couldn’t help but think of the ranchers that there will be insufficient water fore you pay your expenses. Thanks to who are struggling to make ends meet pressure to spin the turbines and the drought, your total income has al- in Wyoming and throughout the west produce the electricity that the towns ready dropped from $640,000 to $400,000. who are set to receive next to nothing and people of Wyoming depend on for Unfortunately, your expenses and your to help them. the necessities of life. bills have not taken a similar drop. In It seems clear to them, and to me, As you can see, the drought has had fact, they have increased—which you and to anyone who reviews our farm an impact on just about every aspect of discover when you start working on policy that farm bill payments were life in the west especially those activi- next year’s budget. not intended to subsidize every acre of ties and resources we have always After a terrible sale, you realize you every farm—nor every bushel produced. taken for granted. With the drought, have to start feeding your cows soon. They were meant to help those in need there will be no campfires, no fire- Cows come from cows—so you have to and to keep family farms in business. works, no boating, in short, the rec- keep some. Normally, this doesn’t pose Shouldn’t that same logic apply to reational activities of the spring, sum- a problem because a rancher usually family ranchers and ranches? mer and fall are no longer permitted— puts hay up all summer to start feed- The American taxpayer should not be or possible. ing the cattle in January. asked to keep large corporations or True, this is a terrible problem, but The drought ended that. You see, the weekend hobby farmers in silk overalls for those who have to forego a year of drought stole the irrigation water you and gold-plated pitchforks. Farm as- these activities, it has been an incon- would normally use to grow your crops sistance was intended for and must venience. For the agricultural commu- of hay and corn on the 1,000 acres of continue to be directed at small and nity, however, the drought threatens farmland. medium producers—family farmers their way of life and their ability to Adding up what that will cost you who truly need help. Our rural commu- provide for their families. For the comes out like this—the cost of buying nities depend on farms and the farms, ranchers and farmers, the drought hay, the loss of corn production, the in turn, depend on their communities. threatens to destroy the land and turn cost of feeding your cattle for four ad- Too many small farms are not receiv- once valuable topsoil into dry dust ditional months, the cost of leasing ad- ing the assistance that is needed while that will blow away and never be re- ditional grazing land and paying full large multi-million dollar corporations stored to use again. For them, and so price for irrigation water even though continue to receive Federal funds for

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8399 every acre they take over. Payments to due to drought and other disasters—but went down 80 cents a pound. It has been large corporations have nothing to do only if there is money in the fund. The down to 60 cents a pound. Your prices with good farm policy but good farm emergency agricultural disaster assist- went up. There is a monopoly in the policy has everything to do with family ance amendment before us now puts beef, but that is another issue. We will farms. money in the fund and my proposed cover that at another time. Even farmers have recognized the amendment would prevent that money We need to do something for the pro- desperate circumstances that face our from being another addition to our na- ducers so we can keep putting food on ranchers and the inequity of their situ- tional debt. the table. It is a huge part of the econ- ations. Recently, we heard from an Illi- Once the LAP is funded, producers omy. It cascades into the rest of the nois farmer who had a ‘‘heart for Wyo- apply for relief and a formula splits the economy. When farmers and ranchers ming.’’ He wanted to donate hay to available monies according to their can’t buy things, then the merchants help Wyoming ranchers struggling to needs. It assists all producers who from whom they buy can’t buy things. find feed for their herds. Don’t get me qualify, but the extent of the assist- The economy implodes on itself. wrong, we’ll be glad to get it, but it ance that is available is limited by the Transportation is important in this will be a drop in a bucket compared to program funding and the number of ap- country, but food production is more what we need—though it will be a plicants. The more applicants there are important. If we can’t eat, we can’t much appreciated drop! across the country, the smaller the in- travel. We need to do something for the Just like the rancher with his pencil dividual payment. ranchers. There is a way we can do it. figuring out his budget, when you add Without the assistance and provi- We absolutely need to do something on it all up, there can be only one respon- sions in my proposed amendment, Con- drought assistance. I hope my amend- sible conclusion and I have tried to gress is clearly picking the winners and ment will be accepted to offset some of present it in an amendment I plan on losers of the current climate and eco- the livestock assistance payments with introducing later today. nomic conditions facing the West. This the other payments so that we are not Only by reinstating tougher payment is not only unfair, it is unwise, too. We busting the budget. The best way for us limitations on farm bill payments and are continuing to slip outrageous bene- to improve the economy is to watch using the savings to offset emergency fits to corporate farms that don’t need the spending. That would be a cross- feed assistance to livestock producers assistance while the West blows away payment. for drought disaster can we hope to in the wind. I’m only asking for what is I ask for Members to watch for the save them, while also making a stab at fair and for what we should have done amendment and to support the drought fiscal responsibility. long ago. amendment. Current law has set payment limita- I urge my colleagues to support the The PRESIDING OFFICER. Thirty tions at $360,000, but that fails to count emergency agricultural disaster assist- seconds remains to the Senator from the gains farmers receive when they ance amendment. If we pass this emer- Montana. forfeit their crop to the CCC and keep gency amendment, the ranchers who Mr. BURNS. I ask the Chair if the the loan or when they use commodity are suffering will know that they have time of those who support the amend- certificates. These gains are not con- been heard. I also urge my colleagues ment has been used? sidered against the $360,000 payment to support my proposed amendment The PRESIDING OFFICER. Twenty- limitation. Basically, payments are after this vote. If we go on to pass my three minutes remain on the other still unlimited. amendment, we will have made the side. If we have learned one thing this choice to act responsibly while pro- Mr. BURNS. We used 23 of it? The PRESIDING OFFICER. Twenty- year, it should be to avoid tricky ac- viding desperately needed assistance. It three minutes remain on the other counting. My amendment would put in will give ranchers and our economy a side. Nine seconds remain on the side place real payment limits by counting fighting chance to survive. We owe our of the Senator from Montana. all gain. My amendment establishes ranchers and ourselves no less. Mr. BURNS. Mr. President, I yield to that limit at $280,000 per year. This In conclusion, Mr. President, as I my friend from Colorado. I want to pro- should be an easy choice as the Senate said, I am one of the cosponsors on this tect the opposition’s time, under- has already voted its support of farm drought amendment. It is of critical standing that we are starting to run bill payment limitations by 61–33 on importance to our State. We are in the out of time totally before the vote February 7 of this year. third year of a critical drought. Each comes. The reinstatement of payment limi- year has gotten worse. There has been The PRESIDING OFFICER. The Sen- tations is directly in line with the pro- less rain each year. Our ranchers are ator’s time has expired. Twenty-two posal the administration made to the suffering terribly. I have tried on three minutes, 45 seconds remain to Senator World Trade Organization to globally different occasions to get some live- WELLSTONE. The time is in the control lower trade distorting subsidies. The stock assistance payments included in of Senator WELLSTONE. proposal would limit trade distorting different bills. They have not made it Mr. WELLSTONE. I would be pleased subsidies to five percent of agricultural through conference committee. At the to give 5 minutes out of our time to the production. Stricter payment limita- same time we have taken care of farm- opponents. tions now would decrease the impact ers, we have provided them with pay- The PRESIDING OFFICER. Without that this proposal would have on our ments of up to $360,000 each. objection, it is so ordered. farm bill programs. As world leaders It is my intention, once this amend- Mr. BURNS. Can I yield 2 minutes to we should set an example in word and ment is disposed of, to submit an my friend from Colorado and allow him deed for the rest of the world. We have amendment for the body to vote on to outline his statement? spoken the word with the proposal. But that would provide for a slight reduc- The PRESIDING OFFICER. Yes. The as we all know, actions speak louder tion in those assistance payments Senator from Colorado. than words, so let us put our words where we are subsidizing every acre Mr. ALLARD. Mr. President, I thank into action today. and every bushel produced on every the Senator from Minnesota for being Under the terms of my legislation, a farm so that something, anything can willing to yield some time to my side. savings of at least $500 million from go to ranchers. We are talking about I want to follow up on some of the the strengthened payment limitations $360,000 to farmers, zero to ranchers. If comments made by my colleagues from would be applied to the Livestock As- my amendment for livestock assist- the intermountain area, particularly sistance Program. The Livestock As- ance payments passes, they would get the Rocky Mountain region. Colorado sistance Program is available to live- approximately $8,000. Does anybody see is right in the center of this drought. stock producers in counties that have the disparity here? Ranchers need help, With all the stories you have heard been declared disaster areas by the too. They are having to sell off their about the States around Colorado, we President or the Secretary of Agri- herds. When they sell off their herds, it are much more affected than anybody culture. It provides minimal financial drives the prices down. They were get- else. relief to livestock producers that are ting $1.07 a pound. How much are you This is a very unique drought. It is a experiencing livestock production loss paying for beef in the grocery store? It more severe drought than any of the

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8400 CONGRESSIONAL RECORD — SENATE September 10, 2002 people in Colorado can ever remember. ing quickly to the needs of farmers and a streaming line of trucks hauls cattle In fact, if you look at the tree rings up ranchers of my state, Secretary of Ag- to the sale barn. Sale volume records in some of the foothill areas, a study riculture Ann Veneman and President are falling, and one sale—just one has been done which suggests that Bush, have provided farmers and ranch- sale—can last nearly 24 hours straight, maybe this drought has been the most ers with the tools to survive, and for running from 9 am to 6:30 am the next severe drought we have had since the that, I thank them both. morning. 1700s. So we have a lot of individuals in When I first urged the Secretary to According to an article in the Denver rural communities, farmers and ranch- release CRP ground for emergency Post, over 700,000 acres of dryland win- ers, suffering as a result of this grazing and haying in May, she re- ter wheat, worth an estimated $120 mil- drought. sponded by acting much more quickly lion, has been lost due to drought. Pro- I have been working closely with the than past practice dictated. In August, duction was 38 million bushels this Secretary of Agriculture, Ann when I personally called the Secretary year, compared with a 10-year annual Veneman, to try to provide as much re- to urge the extension of the deadline, average of 83.4 million bushels. Sun- lief as we can with the program mon- she responded the next day by extend- flower production, worth almost $20 eys available. I thank the administra- ing the emergency haying and grazing million last year, was down 71 percent tion for being responsive, but we have deadline through November 30. Thank this year, and 250,000 acres of dryland to do more than that. That is why I am you, Madam Secretary, for your leader- corn has completely withered away. a cosponsor on this particular legisla- ship in this difficult time. Perhaps the most telling story of all is that of Ed Hiza. Standing in the mid- tion. That is why I am pushing hard for While the administration has pro- dle of his pasture, he said that 80 per- its passage. vided the tools to survive up to this I grew up on a ranch in Walden, CO, point, the drought has now reached the cent of the cattle in a 20 mile radius spending my summers baling hay, and point at which Congress must act were gone, and that most of the re- tending to cattle. But this year, hay is swiftly to ensure survival beyond maining 20 percent would be shipped scarce and maintaining a cattle herd is today. out within a month. Mr. Hiza made it clear about what the drought means a task of monumental proportions. I I recognize that the arid climate of for him, and many of his neighbors, have seen the devastation caused by the west means dry weather, but I ‘‘We’ve endured a lot of hardship in the drought as I have traveled across think that everyone would agree that this county, and this drought is just the state, and I have come to the very this drought is anything but normal. In the nail in our coffin.’’ This story is re- serious conclusion that farmers and fact, I have been told dozens of times by farmers and ranchers—producers counted in the Pueblo Chieftan. ranchers, and the rural communities For those who do not believe that the who have 70 plus years of experience— that depend on them, must receive drought is indeed that severe, I hope that this is the most severe drought emergency disaster assistance—before that they will pay attention to the fol- they have ever witnessed. I recently it is too late. lowing statistics, and keep in mind had the opportunity to discuss the Those involved in agriculture have a that Colorado is the source of water for drought with scientists studying tree strong tradition of lending their neigh- many downstream States. According to bor a hand when they are in need, and rings along Boulder Creek. They told the Colorado Department of Natural helping those who have suffered me that only by tracing the rings back Resources, the South Platte River through a major loss. When a rancher’s to the 1700’s, could one find a period of flows now hover at 13% of average, and barn burns to the ground, you can comparable drought. Arkansas River streamflows are at I have taken an active role in pro- count on farmers and ranchers record lows. In the San Luis Valley, viding Coloradan’s with access to pro- throughout the county showing up to many domestic wells have stopped grams that provide the necessary emer- help rebuild. When a death or illness flowing. Citizens are seeking assistance gency resources. Over the past month, prevents the harvest of a crop, you can from Federal and State agencies for re- bet that a dozen combines will show up I have traveled across Colorado, meet- drilling wells. The San Luis Valley aq- to bring the crop in, to salvage the sea- ing with 600 farmers and ranchers in uifer has been drawn down to the low- son in the face of loss, and to lend a Yuma, CO, coordinating meetings with est level ever recorded. On the Rio helping hand to those in need. dozens of producers in Las Animas, Grande, the flow is 6% of normal. With- Yet this type of kindness is not iso- Alamosa, and Delta, and meeting with out using the flows that are normally lated to the farm or ranch—we in the well over one hundred producers in dedicated to a wildlife refuge, the Rio United States have always responded Pueblo, to discuss the drought and Grande would probably be dry at the to natural disasters by providing the drought relief. At the disaster forums, stateline. Many streams are dry and needed emergency assistance. And pro- I brought together federal agencies many more may go dry. On the Gunni- viding the needed assistance to those that provide drought relief with the son River, streamflows are near record who produce our food, and sustain our people who need their help the most. I lows. Calls on the river are occurring democracy is no different. Following in listened as farmers and ranchers—some that have not been placed since the the great fellowship that calls Ameri- of whom had driven nearly 300 miles to construction of one million acre feet of cans together during the most chal- attend—told of their need for assist- storage—the Aspinall Unit reservoirs— lenging times, I urge my colleagues to ance. upstream. In the Colorado River Basin, immediately pass the emergency dis- I listened as the Colorado Commis- reservoir supplies are bleak. Active aster amendment that is now before us. sioner of Agriculture warned that state storage in Grandby Reservoir is less The drought, which in some parts of could lose as many as 50 percent of its than 1/5 of capacity. Dillon will have my state has entered its fourth year, farms because of the drought, and 75,000 acre feet out of 252,000 acre feet. has transformed large expanses of prai- ranchers expressed their anguish at the Williams Fork will be at its dead pool. rie landscapes, and scarred mountain fact that more than 1 million head of Wolford Mountain Reservoir will have slopes and valleys to the point that all cattle—half the state’s total—have al- 19,000 acre feet and Reudi Reservoir four corners of the state are parched ready been liquidated. I listened as will have 35,000 acre feet of its 120,000 beyond memory. In fact, the United Larry Fillmore, a rancher north of acre feet capacity. States Department of Agriculture esti- Boone, CO, stood in a barren pasture In the Yampa, White and North mates that 93 percent of Colorado pas- that normally supports tall grass and Platte basins, many reservoirs are ture is rated as either poor or very cattle, and emotionally describe that empty save for their dead pool storage. poor, and subsoil moisture supplies the last moisture the pasture received Streamflows are well below normal. In continue to be rated at extremely low was last October—in the form of a hail the San Juan and Dolores Basins, all at 86 percent very short. storm. Even the sage brush, with roots irrigation reservoirs are expected to be Responding to the drought by devel- ten feet deep, had turned brown. I lis- emptied. The San Juan is flowing at 3% oping new feed programs, working with tened as ranchers told the story of of normal, and the Animas River is Natural Resources Conservation Serv- mass cattle selloffs. In the proud com- flowing at 14% of normal. ice field offices, funding the Emergency munity of La Junta, they are experi- In short, the need for relief is real. Conservation Program, and by respond- encing drought induced traffic jams, as Although there is no legislative cure

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8401 for a lack of moisture, we can help ease ‘‘This is the worst drought in Colorado his- more had sent most of his cattle to Okla- the economic hemorrhaging caused by tory,’’ probably going back to the 1700s, said homa. He still has some stock in mountain the drought. As we search for new al- Allard, the only veterinarian in the Senate. meadows and is worrying about what to do ternatives that will provide drought re- Agriculture, which consumes about 85 per- with them in October when they have to be cent of Colorado’s water, earns about $5 bil- moved. lief to communities and businesses, I lion as the produce leaves the farm or ranch, ‘‘I was still feeding (rather than having urge my colleagues to vote in favor of ‘‘and you can add another $12 billion at re- grass for the cattle to graze on) the 15th of this amendment, and support those tail,’’ said Don Ament, a veteran farmer, July,’’ he said. ‘‘We did two things all spring who have suffered from natural dis- state lawmaker and Colorado’s commis- and summer: feed and worry. And that took aster. sioner of agriculture. up all day and all night.’’ I ask unanimous consent to print the Dead and dying crops are expected to cut His neighbor, J.D. Wright, has a stocker Colorado farm income by at least half this cattle operation nearby, meaning he buys following information in the RECORD. calves in the fall, feeds them in through the There being no objection, the mate- year, Ament warned Gov. Bill Owens this week. winter and grazes them in the summer before rial was ordered to be printed in the Although a statewide federal drought des- taking them to sell. This year, there was so RECORD, as follows: ignation earlier this year cleared the way for little grass he sold them early and figures he [From the Denver Post, Sept. 7, 2002] low-interest federal loans, many farmers and lost about $10 a head. Now, after witnessing 11 lightning fires SENATE SHOULD OK FARM BILL ranchers aren’t eligible because they are already deeply in debt. that burned thousands of acres in the area, A prediction that Colorado will lose 20 to ‘‘A catastrophic impact on agriculture and Wright looks at a CRP field and sees a lot of 50 percent of its farms and ranches over the rural businesses can be expected’’ this fall fuel. next year underscores the importance of a because of this loss of crops and income, ac- He agreed with Randy Loutzenhiser of bill in the U.S. Senate that will give cash cording to a report compiled for Owens. Flagler, President of the state association of and low-interest loans to help keep farms If Colorado doesn’t get a substantial conservation districts, that the CRP land from shutting down their operations. snowpack this winter, ‘‘the situation will be should be used periodically, maybe every The bill, a $5 billion drought emergency tenfold worse by this time next year,’’ third or fourth year, to keep it healthy and package, is co-sponsored by Sen. Wayne Ament added. reduce the fuel load. Allard, a Loveland Republican. It is expected That’s because there was water in the res- The CRP program is run by the Natural to pass the Senate on Monday. We urge swift ervoirs this year, but many are dry now. Resources Conservation Services, and this passage of this measure that provides money The state could increase its water storage year the U.S. Department of Agriculture did for farms in dire need. by 150,000 acre-feet by simply repairing exist- make some allowances for grazing and Not only would the emergency package ing dams, according to Greg Walcher, execu- haying on CRP land because of the drought. provide low-interest loans for Colorado farm- tive director of the Colorado Department of But there was a penalty involved, and Fill- ers and ranchers severely affected by Natural Resources. more opted not to pay the price to move cat- drought conditions, it also provides cash There is a consensus—for this first time in tle onto his CRP land. grants for those who are too deep in debt to two generations—to store water for bad As the tour moved farther north in the qualify for other government-subsidized years, Walcher added. Olney-Boone Conservation District, district loans. Colorado’s drought-related losses report- conservationist Dave Miller of the NRCS 1 Colorado’s agricultural income stands to edly include: pointed out a green field that had 4 to 4 ⁄2 drop by one-half due to the drought. Produc- More than 1 million cattle—half the state’s inches of rain this year, with grass about 8 tion is already so far down this year that total, including breeder stock for hundreds inches tall. large dairy farms are losing thousands of of farms—sold prematurely. Another field had a fire followed by rain in dollars a month, hundreds of thousands of Big dairy farms losing $15,000 to $20,000 a the same lightning storm, so the grass recov- acres of produce have died and the prices month because of low milk prices and rising ered somewhat. Yet another had a lightning paid to farmers for their products are de- feed prices. fire with no rain, and the soil already is be- creasing. 700,000 acres of dryland winter wheat worth ginning to blow, Miller noted. ‘‘We’re hoping Because the state has received federal an estimated $120 million died. Production somehow it will get some grass on it. The drought designation, farmers also may qual- was 38 million bushels, compared with a 10- only other thing to keep it from blowing ify for federal loans. But many Colorado year annual average of 83.4 million bushels. would be deep chiseling—and I mean 30 farms and ranches can’t qualify for federal Sunflower production worth almost $20 inches deep.’’ In some areas, even sagebrush looked funding. Therefore, state loans and grants million last year, was down 71 percent this brown and dead. ‘‘Those plants may have are of paramount importance during this ex- year. tremely dry year. This year’s 250,000 acres of dryland corn roots 10 feet deep,’’ Miller said. ‘‘Still, What is frightening is that if the state’s dried up before it could be harvested. Last there’s no water for them.’’ But the worst sight on the tour was a field snowfall doesn’t increase significantly this year’s crop was worth $34 million. that has been farmed in a beans-milo rota- winter, the situation is going to be even Sorghum for grain, which grossed about $17 tion. The ground was tilled in the spring, ex- worse next year. million last year, is down by at least 25 per- The whole disturbing situation also makes posing the roots. cent this year. ‘‘He planted a crop but there was no rain, a strong case for enhanced water storage sys- ‘‘You know you’ve got real trouble when no crop,’’ Miller said—and all the silt with tems during wet years. you drive by a reservoir and dirt storms are its nutrients has blown away, leaving a While the government passes a measure to blowing out of the lake bottom,’’ said stretch of pale sand unbroken by one green pump more cash into agriculture, we also Ament, who had recently driven past Barr shoot. must look at being more aggressive in plan- Lake State Park northeast of Denver. ning for the state’s future water needs. A few miles away, rancher Ed Hiza said 80 percent of the cattle in a 20-mile radius are [From the Pueblo Chieftain, Aug. 24, 2002] [From the Denver Post, Sept. 6, 2002] gone. He expects to ship the rest of his cattle RANCHER’S LAMENT: ‘‘FEED AND WORRY’’ out within a month, saying ‘‘I can’t feed SENATE BILL SEEKS CASH FOR FARMERS IN (By Margie Wood) them for nine more months, and that’s the DROUGHT With decent rain, the sandy soil on Larry earliest I can see growing anything to feed OFFICIALS FEAR STATE WILL LOSE 20%–50% OF Fillmore’s ranch north of Boone would sup- them. FARMS IN YEAR port waist-high grass and a cattle herd—and ‘‘We’ve endured a lot of hardship in this (By Kit Miniclier) a way of life that has kept his family on the county, and this drought is just the nail in Cash and loans would be available to farmland for four generations. our coffin,’’ he said. ‘‘Economically we find a ers in Colorado and the rest of the country This year, a portion that’s in the Conserva- lot of excuses about world markets and that, hit hard by drought under a $5 billion tion Reserve Program is covered by a gray but the situation is that I could be forced off drought emergency package co-sponsored by tangle of grass that saw its last moisture in this ranch in the next few years.’’ U.S. Sen. Wayne Allard, R-Colo. the form of hail last October. And that was [From the Pueblo Chieftain, Aug. 24, 2002] Low-interest loans aren’t enough help for better than a 40-acre plot across the road, farmers whose worth shrank during the where two horses and a congregation of prai- ALLARD: DROUGHT MORE SERIOUS IN drought, agriculture officials say. rie dogs have eaten pretty much everything SOUTHERN COLORADO They predict Colorado will lose from 20 to in sight. (By Margie Wood) 50 percent of its farms and ranches over the ‘‘I’m ashamed of this part,’’ Fillmore told U.S. Sen. Wayne Allard talked about next year. visitors on a drought tour sponsored by the drought at a standing-room-only meeting at The measure, which Allard predicted would Colorado Association of Conservation Dis- the Greater Pueblo Chamber of Commerce win Senate approval Monday, provides loans. tricts on Friday. ‘‘I thought it would rain Friday afternoon, assembling representa- It also offers cash grants for those who can’t someday.’’ tives of various state and federal agencies qualify for low-interest federal loans, he But it didn’t rain until a little bit of mois- that can help suffering farmers and commu- said. ture fell Thursday night. By that time, Fill- nities.

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8402 CONGRESSIONAL RECORD — SENATE September 10, 2002 ‘‘This is a very critical situation, and it’s he has the greatest confidence in Sen- I yield the floor. more serious in Southern Colorado than in ator BURNS to handle this bill. The PRESIDING OFFICER. Who the northern part of the state,’’ he said. ‘‘I’ve The PRESIDING OFFICER. Who yields time? read that tree rings going back to the 1700s yields time? Mr. BURNS. I yield 3 minutes to the show no worse drought year than this one.’’ Mr. BURNS. Mr. President, will the Allard said he has introduced legislation to Senator from Missouri. provide direct aid to farmers and ranchers Senator from Minnesota yield to the The PRESIDING OFFICER. The Sen- who have lost crops or livestock, and he is senior Senator from Wyoming for his ator from Missouri is recognized for 3 working to reform the tax code to help statement? minutes. ranchers who have to liquidate their herds. Mr. WELLSTONE. I am pleased to Mrs. CARNAHAN. Mr. President, I He noted that Agriculture Secretary Ann yield. strongly support this relief package for Veneman has extended CRP grazing/haying Mr. BURNS. I yield 2 minutes to the family farmers needing immediate dis- permits through Nov. 30, and said, ‘‘That senior Senator from Wyoming, Mr. aster relief in order to stay on their won’t solve all the problems, but it has THOMAS. land. helped some people stay in business.’’ Mr. THOMAS. Mr. President, I spoke Allard’s aide Cory Gardner said the Sen- Let me cite a few numbers to under- some about this yesterday on the floor score the extent of the problem in Mis- ator is working on a federal drought assist- in terms of it being part of the Interior ance bill that has now reached $3 billion. souri. Just yesterday, the USDA rated Others who appeared with Allard were Gigi bill. Certainly I support this amend- 58 percent of Missouri’s pastureland in Dennis, former state senator from Pueblo ment. This is the only way we have to poor or very poor condition; 53 percent West who now heads the regional Rural De- relieve the kinds of economic disasters of Missouri’s corn is in poor or very velopment agency under the USDA; Lewis that have occurred in the West and poor condition; 49 percent of Missouri’s Frank of the Farm Service Agency; State over the country, as a matter of fact. soybeans are in poor or very poor con- Conservationist Allen Green; and representa- One of the issues is going to be how dition. Though any additional rainfall tives of the Federal Emergency Management this is administered and how it is di- would be welcomed, it will only be of Agency and the Small Business Administra- vided. Certainly, often you read about tion. limited assistance. so much an acre for the crops and so State Agriculture Commissioner Don Much of the damage I cited is on land Ament noted, ‘‘We can’t seem to get out of on. I want to make the point again, that was hit last year by an army these crises. I hate to be so negative, but this is also for livestock. This is for worm infestation of record proportion. we’re here to help you survive.’’ cattle, sheep, for the people who have Many farmers are facing 2 years of dev- Their audience ranged from John Stencel not had grazing either on their own astation because of these unprece- of the Rocky Mountain Farmers Union to a lands or on the lands that are leased. sheep rancher from Montrose to several Las dented natural disasters. This legisla- As we look at this, agriculture includes tion would provide real relief for crop Animas County ranchers. livestock. We need to make sure that is ‘‘We’re about four years into this drought and livestock losses over the past 2 in Las Animas County,’’ said Gary Hill. ‘‘It the case and that the distribution be years. Much of the damage to the crops is kinda funny that it didn’t really get to be made fairly throughout. and pastureland is irreversible. Just as I appreciate very much the oppor- a drought until our city cousins couldn’t we help the victims of floods, wildfires, tunity for us to actually do something. water their lawns.’’ and other natural disasters, so we must Stencel also spoke of the ‘‘quiet tragedy’’ Hopefully, the expenditures, even come to the aid of farmers victimized of drought, and said it will take the state ag- though not a formal offset, will be off- by Mother Nature. ricultural producers years to dig out. set actually by the reduction in costs Several weeks ago, I expressed my Allard’s staff conducted a similar meeting in the farm bill, and this makes it a lit- in Alamosa on Thursday. disappointment to the administration tle more practical in terms of the fi- Farmer Ray Wright, who heads the Rio for declaring that drought relief must Grande Water Conservation District and is a nances. I am supportive of the bill and hope be offset by cuts to programs funded in member of the Colorado Water Conservation the new farm bill. Such cuts would un- Board, said the area is in a water deficit and we can move forward with the amend- an overdraft on the water supply will con- ment. dermine the farm bill’s safety net that tinue. I yield the floor. we put into place only a few months Alamosa businessman Leroy Martinez said The PRESIDING OFFICER. Who ago. This safety net is key to farmers, part of the problem is that the traditional yields time? The Senator from Min- bankers, and others who must make farming area has been expanded to the point nesota. long-term planning decisions. where it can’t be supplied with water. Mr. WELLSTONE. Mr. President, I Tampering with the safety net would The PRESIDING OFFICER. Who will just take 1 minute for an observa- send a message to our farmers that the yields time? tion, if I may. farm bill is not something on which Mr. BURNS. I don’t know how much I say to the Senator from Wyoming, they can rely. In essence, the adminis- time I have to yield. this does include livestock producers, tration is proposing to rob Peter to pay Mr. WELLSTONE. Mr. President, are and it is extremely important. In our Paul. This stance is particularly trou- there other colleagues who want to State, we are talking about livestock bling when recent USDA reports show speak on the Republican side who have producers, but we are also talking farm income decreasing by 23 percent not had a chance? about wheatgrowers, soybeans, all of this year. That is a $10.5 billion de- Mr. BURNS. In other words, those the damage to the crops. crease in net farm income. It is the who oppose this amendment have not I thank colleagues on both sides of wrong position. It is wrong for our seen fit to come to the floor. That is the aisle for coming out here, Repub- farmers, and it is wrong for our com- the dilemma in which we find our- licans and Democrats, West and Mid- munities that rely on an agricultural selves. west, and also Senators from the east economy. Mr. REID. Mr. President, is there a coast who have not sustained this kind Missouri ranks second nationally for question before the Senate? of damage but are willing to lend their the number of farms within a State. The PRESIDING OFFICER. At this support, knowing full well that if they Agriculture is a large part of Mis- time, the question is who yields time? need help they will get help from the souri’s economic lifeline. Historically, Twenty minutes remain in the control rest of us. what is good for our farmers is good for of Senator WELLSTONE. Twenty min- This is sort of a definition of commu- America, and I urge my colleagues to utes remain to the opposition. nity and helping people, and I am so support our farmers by providing dis- Mr. REID. Mr. President, I ask unan- pleased to see the strong bipartisan aster relief that keeps the safety net imous consent that until someone support. I really believe if we get a intact. shows up to oppose this, Senator BURNS huge vote, we have an excellent chance The PRESIDING OFFICER. Who be allowed to allocate time for those in of getting help to people. yields time? support of the amendment. As a Senator from Minnesota, I am Mr. BAUCUS. Mr. President, I ask The PRESIDING OFFICER. Without so pleased with the way this discussion my colleague if I may have 5 minutes. objection, it is so ordered. is going and I thank my colleagues The PRESIDING OFFICER. There Mr. REID. The reason I say Senator from both sides of the aisle for their are 131⁄2 minutes remaining. BURNS, Senator BYRD is not here, and support. Mr. BURNS. That would be fine.

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8403 I say to my friend from Montana, I from 2 years ago and they have eliminated While farmers across the country am trying to protect those who oppose, two full-time jobs. The large elevator and have faced tremendous losses during but I have no problem with yielding 5 fertilizer plant have cut 9 full-time jobs out the past 2 years, those in my home minutes. of a total of 25. State of Michigan have been among The PRESIDING OFFICER. The Sen- The letter goes on to describe the ad- those who have suffered the most. Dra- ator from Montana is recognized for 5 verse effects the drought has not only matic shifts in weather conditions minutes. on farmers individually but also on throughout the growing season have Mr. BAUCUS. Mr. President, I thank communities. devastated crops across the State. my friend and colleague from Montana, I have a chart which shows the effect Some farmers faced early warm tem- Senator BURNS, for cosponsoring this of the drought now in America. It cov- peratures followed by freezing condi- amendment with me. I deeply appre- ers almost the entire West. If one tions while others saw torrential rains ciate his work. draws a line a little bit west of the early in the growing season followed by I point out this is truly a bipartisan 100th meridian, almost all of America long droughts; still others have faced effort to get agricultural and disaster west of that line is in drought. The drought conditions at the beginning of assistance payments to farmers and chart shows by color the worst condi- the crop year and heavy rains at har- ranchers across our country. This is tions. The red and orange are the vest time. not a partisan matter. This is a non- worst, and that is almost all of the These conditions have devastated partisan matter. Drought does not western United States. In fact, it is al- many of Michigan’s prime crops. This know whether a farmer is a Repub- most half of the geographic United year, cherry farmers in Michigan lost lican, a Democrat, an Independent, or States of America. upwards of 90 percent of their crops, a whatever political affiliation he or she Without our help, without passing level that threatens to devastate may have. Drought hits everybody re- natural disaster assistance today, we Michigan and the Nation’s cherry in- lentlessly. It is clear that these last will change the future of rural America dustry give that Michigan produces several years it has hurt a lot of farm- forever. A large percentage of our hard- over 70 percent of the tart cherries in ers. working producers will lose their land, the Nation. Additionally, 80 percent of This amendment we are attempting lose their homes, their jobs, and their Michigan’s apple farmers have lost up- to pass will help farmers across our way of life. They will not be purchasing wards of 40 percent of their crop. country. clothes, seed, fertilizer, or equipment Earlier this year, I had the oppor- I also thank the numerous agricul- in their local stores. They are going to tunity to visit with cherry growers in tural organizations that have dem- have to move, take their kids out of Michigan and listen to them as they onstrated their support for the amend- school, go some place else, and try to told me how this year’s crop losses ment by making an endless number of make a go of it. were the worst on record. In addition, phone calls, writing letters, and tire- We now have the opportunity to do approximately 25 percent of apple lessly raising the need for agricultural something about that. A vote for this growers in Michigan and across the Na- assistance in the Halls of the Congress. amendment is a vote for America’s tion are in danger of going out of busi- Drought brings the producers to their family farmers and ranchers to provide ness in the next 2 years, and in Michi- knees, not only poor producers but the us with a safe domestic food supply. A gan that means that our cherry, peach, best producers. The crisis in our agri- vote for this amendment is a vote for and asparagus crops, which are often cultural community has absolutely the future of rural America. A vote for grown on the same orchards, will be nothing to do with poor planning. I this amendment is a vote for fulfilling greatly decreased. want to make that very clear. In fact, our responsibility as a country to pro- This year, USDA Secretary Ann the farm bill has nothing to do with ag- tect our citizens from natural disaster. Veneman recognized the atypical Rural America is resilient. Like ricultural disaster assistance. The farm weather conditions that affected them, I am not going to give up. We are bill we passed has to do with farmers Michigan by designating 50 of the going to keep trying until we get the generally. If and when disaster hits, State’s counties as disaster areas. disaster assistance we need. We give and if it is persistent over several Making matters worse, all of these disaster assistance to people in the years, then there is no choice but to counties were similarly designated last country for earthquakes, for floods, fold up one’s tent, leave, or cut back year, when Secretary Veneman des- and for hurricanes. It only makes sense dramatically in a way that hurts not ignated 82 of Michigan’s 83 counties as that we should give disaster assistance only the farmer but the rest of the official disaster areas. While Michi- for our farmers. gan’s farmers are some of the most in- community. I voted for disaster assistance for According to the New York Times on novative in the Nation, 2 years of Americans for flood insurance, for hur- May 3, 2002—not too many months statewide crop failure have threatened ricanes, and for earthquake disasters. I ago—let me quote an article in that the continued viability of agriculture voted for those because it was the right newspaper: in Michigan. thing to do, the American thing to do. No one, least of all America’s farm- In eastern Montana, more than a thousand It is also the American thing to do to wheat farmers have called it quits rather ers, likes the fact that emergency agri- than try to coax another crop out of the help our farmers and ranchers. cultural supplementals have seemingly ground that has received less rain over the I also ask the President to recon- become routine. However, we must pro- last 12 months than many deserts get in a sider. I support the President many vide this assistance for without it year. times and do not support him other many of our Nation’s farmers will We today have the opportunity to times. This is one time I am asking the cease to be able to continue farming. I help mitigate these drought conditions President to reconsider his opposition thank the Senator from South Dakota and keep our producers on the land. because our American farmers need all and the Senator from Montana for After consecutive years, drought harms of America to help give them the as- their efforts in drafting, supporting, not only producers but entire commu- sistance they need. and helping to pass this amendment. nities. I would like to share the words I very much thank the Chair and Mr. HARKIN. Mr. President, I strong- of Montana farmer Dan Debuff to illus- thank my colleague from Montana and ly support this amendment to provide trate the impacts of drought on his thank the Parliamentarian. I yield the disaster assistance for our Nation’s community of Shawmut: floor. farmers and ranchers. Over the last Our local John Deere dealer had sold seven Mr. LEVIN. Mr. President, I would several years, Congress has acted re- combines last year at this time. This year he like to express my support for an sponsibly to provide help to those pro- hasn’t sold one. School enrollments are down amendment that is being offered by the ducers whose operations have been ad- 30 percent from 5 years ago and are still de- distinguished majority leader. I am a versely affected by bad weather. I see clining. cosponsor of this amendment, origi- no reason why this year should be dif- Remember, this drought has been nally proposed as a bill by Senator ferent. This situation truly exemplifies going on for 4 or 5 years. BAUCUS which I also cosponsored. It an emergency in every sense of the Gross revenues for the local grain elevator now provides much needed assistance word, and should not force us to de- and fertilizer plant have declined 33 percent to our Nation’s farmers. plete the long-term resources provided

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8404 CONGRESSIONAL RECORD — SENATE September 10, 2002 by this year’s farm bill in order to payments that will not now be made the same risk management tools available to meet these short-term needs. compared to the August baseline. That other farmers. Already, this has been a devastating difference would exceed $6 billion when The recently enacted Farm Bill provides $180 billion, an increase of $82 billion above crop year for producers across the compared to earlier estimates of the the baseline. This $180 billion can accommo- country. In the most recent assessment farm bill’s cost. date funding for emergencies, economic as- issued by the National Weather Serv- Floods and drought have been par- sistance, rural development, and other pur- ice, nearly every State west of the Mis- ticularly hard this year not only on poses. One of the greatest benefits of the souri River faces significant crop losses producers’ bottom lines, but also on Farm Bill is that it ensures farmers have the as a result of severe to exceptional our soil, water, and wildlife resources. resources they need. On May 24, Senator drought conditions. A second region of Unfortunately, the money needed to Daschle defended the farm bill spending levels, stating ‘‘we’re getting rid of those ad hoc the Eastern United States which in- take care of our resources under the disaster payment approaches’’. The farm bill cludes most States in a block from Emergency Watershed Protection Pro- should break the bad fiscal habit of needing Georgia northward to Maine and west- gram wasn’t included in this package. I to pass emergency agriculture spending bills ward to Ohio is facing a similar situa- intend to pursue adding the money including drought, flood, or other supple- tion. For many States, particularly in needed for drought and flood relief mental payments that make it difficult for the West, this is only the latest in a se- through this program in conference, Congress to live within its budget. We support providing immediate assist- ries of droughts. and hope that we will be able to ad- ance to those who don’t have access to risk We have only begun to assess the dress these needs in the final con- management tools, encouraging greater par- magnitude of this year’s disaster for ference report. ticipation in the crop insurance program and agricultural producers. From late July, I fear that unwillingness to act on providing relief within the resources of the press reports cite losses in the Plains this amendment could push many current farm bill. If legislation consistent States of $822 million in South Dakota, farmers to the brink of failure, and with this approach were to be presented to the President, we would advise his support. $687 million in Nebraska, and $267 mil- hasten the erosion of rural commu- In the Senate, an amendment has been of- lion in Minnesota from both drought nities and small towns. If we truly fered to the Interior Appropriations bill that and flooding. With little appreciable want to assure economic security to would reestablish emergency payment pro- rain during August in most drought- our nation, then we must start with its grams for farmers and ranchers similar to stricken regions, it is likely that losses backbone, our farm families and the those used for the 2000 crop year. We under- have increased since those estimates rural economy they support. stand the cost of this amendment is likely to I ask unanimous consent to print in approach $6 billion. were made. We have serious drought in The Administration strongly opposes this southwest Iowa, and also experienced the RECORD the text of the letter sent amendment and any agriculture spending in uncompensated 2001 losses in Iowa, to the Senate leadership yesterday by excess of the $180 billion in spending pro- mostly from prevented plantings. Agriculture Secretary Veneman, reit- vided earlier this year. This proposal would Other regions have also been hit. In erating the President’s opposition to add $6 billion on top of the already generous Michigan, harsh spring weather caused disaster relief legislation for which the Farm Bill only a few months after the bill USDA to declare 50 counties agricul- cost is not offset by cuts in the 2002 was enacted. This is unacceptable. The needs tural disaster areas, particularly af- farm bill. I am disappointed that the for the current drought must be met within the additional resources provided for in the fecting the cherry and grape crops. letter was sent. I hope that we will be Farm Bill. Hordes of grasshoppers are eating their able to bring the White House and the We hope this information gives you the way through pastures and fields in the House of Representatives around to the guidance you need in order to consider a pru- Rocky Mountain West, including Colo- realization that assistance is critically dent and fiscally responsible drought assist- rado and Idaho. Rampant disease needed and that it cannot be funded by ance package. I look forward to working threatens Georgia and North Carolina taking assistance out of the farm bill closely with you through this process. Sincerely, crops. In mid-August, Maryland’s Gov- and away from other producers. ANN M. VENEMAN. ernor sought a disaster designation for THE SECRETARY OF AGRICULTURE, Mr. SPECTER. Mr. President, I have Washington, DC, September 9, 2002. all but two counties in his State. sought recognition to state my reasons As a result of field surveys in late Hon. THOMAS DASCHLE, Majority Leader, U.S. Senate, for voting for the amendment offered July, USDA is now predicting the to provide $5.9 billion in emergency re- smallest U.S. corn crop since 1995, at Washington, DC. Hon. TRENT LOTT, lief to farmers due to flooding, drought less than 9 billion bushels, and the and other natural disasters because I smallest wheat crop since 1972, driven Minority Leader, U.S. Senate, Washington, DC. am concerned that numerous farmers both by poor yields and reduced acre- DEAR SENATORS DASCHLE AND LOTT: We ap- across the United States and Pennsyl- age. Although some farmers will ben- preciate your efforts to help farmers and vania may lose their livelihoods. efit from the increased prices, those ranchers who are suffering as a result of the The Pennsylvania agricultural com- farmers with little or no crop to har- 2002 drought. As you know, the Administra- munity has been particularly hard hit vest will not. Western cattle producers, tion continues to take all action allowable by natural disasters in recent years. On who have seen their pastures burn up under current law to assist struggling farm- September 3, 2002, Pennsylvania Gov- in the unrelenting heat, face a choice ers and ranchers. This includes expediting emergency declarations and making emer- ernor Mark Schweiker requested a Nat- of either buying hay on the market or gency loans available to producers, the re- ural Disaster Determination from the selling their animals into a depressed cent release of CCC-owned milk powder in United States Department of Agri- market. There are currently no pro- order to provide a low cost feed supplement culture on behalf of 54 of Pennsylva- grams to assist these producers. for cow and calf operations, and the opening nia’s 67 counties that are suffering due It is true that many row crop farmers of all CRP lands nationwide for haying and to this drought. These counties have have crop insurance policies, which grazing. The President has consistently stat- been and continue to be under a will offer them some relief, but the ed his support for additional drought relief drought warning or drought emer- gravity of this situation demands fur- provided it does not increase the deficit. The Congress has already provided the gency. Due to these adverse weather ther Federal action. These producers tools for drought relief for crop farmers conditions, Pennsylvania farmers have are facing the loss of their crops in the through the heavily subsidized Federal Crop and will experience significant crop wake of several years of low com- Insurance Program. The crop insurance sub- damage resulting in reduced harvests. modity prices, thus pushing them deep- sidy was increased dramatically in 2000 to The losses to these counties are pro- er into a financial hole. avoid the need for disaster payments. The jected at over $321 million in Pennsyl- With higher crop prices now pro- vast majority of the crop acreage in the vania. I am informed that situations jected by USDA for the 2002 crop year, drought regions is covered by crop insurance. similar to this are occurring across the it is clear that farm program spending Over seventy percent of the acreage in the United States. The funding in this will be lower than was originally pre- U.S. is covered and over eighty percent in South Dakota. Our goal should be to maxi- amendment will provide $5.9 billion in dicted by the Congressional Budget Of- mize participation in this program. Addi- relief for farmers for the 2001 and 2002 fice. It was estimated recently by CBO tionally, we recognize that ranchers and crop years. that the difference could amount to livestock producers who have been severely During consideration of the 2002 farm $5.6 billion in LDP’s and countercylical impacted by this drought do not benefit from bill, I opposed the overwhelming costs

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8405 that came as a result of the House and help to offset drought conditions. How- caused severe and permanent damage Senate Conference, an increase of $10 ever, this year, the lack of snowpack to specialty crops, such as apples, billion over the levels passed by the has combined with almost no precipita- peaches, pears, grapes (including Senate and the House. However, funds tion and Utah’s largest cricket infesta- labrusca grapes), strawberries, stone are now warranted to combat contin- tion ever documented to make for an fruits, onions and cherries in New York ued natural disasters that have become extremely difficult year for agri- State. This damage will not only cause an acute problem for farmers in Penn- culture. a major financial hardship for the sylvania and across the Nation. Utah has some of the toughest ranch- farms, but as my friend from South Da- The loss of crops that have come ers I know but some have literally been kota has already mentioned, the im- with these natural disasters have left brought to tears by the hardships they pact will spread throughout the econ- grain farmers with a low yield. This are facing this year. Some of these omy of rural communities that depend low yield not only effects farmers pro- families have been farming and ranch- so heavily on the prosperity of their ducing grain but those who must use ing since before Utah was a state, and farms. grain and account for the increased they know how to succeed in difficult Mrs. CLINTON. Mr. President, these cost of production. The rising costs of conditions. But a fourth year of weather conditions have wreaked grain to dairy farmers has created an drought of this severity is too much to havoc on an industry vital to New York intolerable situation where the costs of overcome. State. As their trees now stand, green producing are increasing without the One more example of the extreme na- leaves and no fruit, it is feared that a already low price of milk rising at a ture of this year’s drought is brought large percentage of these fruit farmers corresponding level. The addition of to light at the Salina Cattle Auction in will be forced out of business. It is cru- these increased costs to production is Utah. Normally, this auction sees 500 cial that these farmers receive assist- too much to be shouldered by the hard- head sold in the entire month of July. ance along with the farmers and ranch- working farmers of Pennsylvania and This year, however, the auction saw an ers of the rest of the country who have America. average of 2,700 head sold per week in suffered the devastating effects of Mr. HATCH. Mr. President, I rise to July. Ranchers are liquidating their drought. say a few words about the proposed cows often at less than half the average Mr. SCHUMER. Mr. President, this drought relief package that I have co- price. For too many, the result is com- season’s farm losses only continue a sponsored and to urge my colleagues to plete bankruptcy. string of bad luck during the past few throw their full support behind this I have gone into some detail regard- years. Last year, New York grape farm- very important measure. Utah is in its ing the difficulties of Utah livestock ers suffered losses of approximately $7 fourth consecutive year of drought, and producers, but crop losses for our farm- million due to poor fruit set. This year, our farmers and ranchers have been hit ers have been just as severe. For in- the losses are expected to be even particularly hard this season. If this stance, much of Utah fruit crop this greater—over $10 million lost because body does not act now to alleviate year has been completely ruined. The of adverse weather conditions. some of the damage wreaked by this lack of precipitation and ground water Mrs. CLINTON. Mr. President, this latest year of drought, many more has resulted in unseasonable frosts year has been the worst year in mem- farmers and ranchers will be forced to that have wiped out many of our or- ory for many specialty crop farmers. In sell off their assets completely, as chards. Across the board, we are losing New York’s Hudson Valley region, some have already done. key elements of our agriculture sector losses on specialty fruit crops total $65 At this time, adequate feed and for- in the West. Mr. President, if we want million for 2002 alone. For the commu- age is simply not available for live- to be a nation that feeds itself, we nities and the fruit growers in the re- stock producers in Utah. About 70 per- must take action to allow our pro- gion, crop disaster relief is much need- cent of Utah agriculture is in the live- ducers to survive this long drought and ed to sustain our farms through this stock industry, and ranchers rely heav- live to produce next season. difficult time. ily on public grazing. However, in I urge my colleagues to recognize the Mr. DASCHLE. I appreciate the re- drought years many ranchers are importance of this drought relief pack- marks of the Senators of New York, kicked off public lands by the BLM and age. I believe it will help to rebuild an and assure them that we intend for spe- Forest Service in an effort to preserve agriculture industry that is in dire cialty crop producers, including pro- the existing forage. Let me provide an need of assistance. It will take several ducers of the crops mentioned by my example of how our ranchers have been years to recover for many of our pro- colleague from New York, to receive affected by the drought and resulting ducers, but this package will help re- disaster assistance under this amend- expulsion from public grazing. Alarik build herds and allow many farmers ment. Myrin is a rancher who I know from and ranchers to continue to provide The PRESIDING OFFICER. The Sen- Duchesne County, Utah. Alarik has 600 our nation with the invaluable re- ator’s time has expired. head of cattle and each year relies on sources we rely on. Again, I urge my Who yields time? public lands to provide 500 of them colleagues to support farmers and Mr. BURNS. Mr. President, I suggest with forage. Like many others in my ranchers across the country by voting the absence of a quorum. state, he was forced off public lands in favor of this measure. Mr. REID. Mr. President, I ask unan- and was not able to graze those 500 I thank the Chair. imous consent that the order for the quorum call be rescinded. head even one day this year. This was CROP DISASTER RELIEF The PRESIDING OFFICER. Without a devastating blow in a drought year, Mrs. CLINTON. Mr. President, I because the meager harvest in the West objection, it is so ordered. would like to recognize Mr. DASCHLE Who yields time? has created a dramatic shortage of for his efforts and concern for the Mr. REID. Mr. President, the time feed. While Alarik did receive a small farmers, growers, and ranchers of this has actually expired, has it not? alfalfa harvest on his private land, he nation. His leadership on providing fi- The PRESIDING OFFICER. Just was still forced to sell off 300 of his nancial assistance to these farmers under 6 minutes remain for the oppo- breeding cows along with their calves who have been stricken by the wrath of nents. just to cut his losses. It is important to Mother Nature is to be commended. Mr. REID. Mr. President, I suggest understand that, like most ranchers, Mr. President, my colleague from the absence of a quorum. Alarik Myrin makes his living from New York, Senator SCHUMER, and I The PRESIDING OFFICER. The selling calves. Being forced to liquidate would like to engage Senator DASCHLE clerk will call the roll. his producing cows without a profit in a colloquy. The legislative clerk proceeded to was, in Mr. Myrin’s words, like ‘‘selling Mr. DASCHLE. I thank my colleague call the roll. the factory,’’ and he is now left with- for her kind remarks, and would be Mr. DOMENICI. Mr. President, I ask out the resources to purchase a new happy to engage in a colloquy with the unanimous consent that the order for herd for the next season. Senators from New York State. the quorum call be rescinded. In a normal rainfall year, adequate Mr. SCHUMER. Mr. President, spring The PRESIDING OFFICER. Without runoff from Utah’s snowpack would freezes, frosts, and excessive rains have objection, it is so ordered.

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8406 CONGRESSIONAL RECORD — SENATE September 10, 2002 Mr. DOMENICI. Mr. President, I ask tions are enforced by ‘‘water police’’ same. That is what this amendment the leader of the Senate if I may speak and that violators face steep fines does. for 2 minutes. ranging from $20 for a first offense to We would respond with generosity The PRESIDING OFFICER. The ma- $200 for a fourth offense and stay at and we would respond with commit- jority leader is recognized. $200 for each repeat violation. ment if there was a hurricane. We Mr. DASCHLE. Mr. President, I am While most livestock sales generally would respond with generosity if there happy to yield time from the leader’s take place on the reservation during was a flood. We would respond with allocation, if we are out of time. September and October, this year generosity it there was an earthquake. Mr. DOMENICI. I will maybe not emergency sales were being held al- Let us respond with the same commit- even take that long. most every weekend during July and ment and resolve in this drought as we The PRESIDING OFFICER. The Sen- August. Hundreds of cattle, horses and would with any other natural disaster. ator from New Mexico is recognized. sheep have already died as a result of That is what this amendment does. Mr. DOMENICI. Mr. President, I rise the severe drought conditions. We have actually saved a great deal to discuss the effects of a natural dis- The article goes on to describe the of money because prices are higher aster that lingers across most of the severity of the conditions. ‘‘Stock than projected when the farm bill West—drought. There is not a segment ponds have gone dry, fish have died in passed. We don’t need an offset. We of the New Mexico population that will evaporating lakes, and grass has dis- simply know these resources can be re- not be touched in some way, some appeared. Sand blows across reserva- dedicated to rural America without the form, or fashion by drought this year. tion roads, and the stiff bodies of dead commitment of an offset per se. People in other parts of the country cattle litter the land.’’ This is an emergency. We must send have turned on their television sets The seriousness of the water situa- a clear message that, without this over the past few weeks and have seen tion in New Mexico becomes more help, we will lose many of those leaders the blazes of catastrophic wildfires acute every single day. I reiterate that in the agricultural community that are again devastating the western every single New Mexican will feel the throughout our country that we rely United states. This may be the only ef- impact of this drought in one way or on every day. fect of the drought that many are another. whether they are selling off So I urge my colleagues to do the aware of. Let me tell you, the devasta- the essence of their livelihood—live- right thing and recognize the urgency tion is even more profound. stock, or losing daily revenues in other of the need for this emergency disaster Ranchers, including ranchers on the small businesses, or whether they are assistance, to support it on an over- Navajo Nation, are being forced to sell actually having to refrain from water- whelmingly bipartisan basis this morn- off livestock because they can’t find ing their own lawns and washing their ing and send a clear message that help enough water for them and can’t afford cars, the drought and its devastation is is on the way. the significant feed costs. very real. I yield the floor. Other agricultural businesses are There is a need out west and I stand The PRESIDING OFFICER. Who being forced to shut their doors be- ready to do what I can. It will be a yields time? cause the agriculture sector as a whole monumental and expensive challenge, Mr. BURNS. Mr. President, I under- is hurting. But this is not just a prob- but one we cannot avoid. stand there are only 58 seconds remain- lem for the agricultural community. The PRESIDING OFFICER. The ma- ing on the side of the opposition. I still Most of the national forests in New jority leader is recognized. want to protect their right to speak for Mexico were closed to the public. This Mr. DASCHLE. Mr. President, I know some time before the vote, and we are resulted in a decrease in tourism. we are about to vote. I will take what- now passed the time limit now. If the Let me mention a couple of specific ever time I require from my leader Senators who want to speak can be al- examples. First of all, there is a small time to make a couple of closing re- lowed at least 5 minutes, then we will railroad, the historic Cumbres and marks with regard to this amendment. go immediately to the vote. Toltec Railroad, that takes people I appreciate very much the great Mr. REID. Mr. President, I object to through a very beautiful part of the work done by so many of our col- an extension. We have Condoleezza State. The railroad contributes to the leagues over the course of the last sev- Rice and George Tenet waiting for a tourism and economic stability of a eral months on this issue. The Senator classified briefing. Our time is up. Peo- very poor part of the State. That rail- from Montana, Mr. BAUCUS, and the ple have had all morning to speak. road was forced to close because it was other Senator from Montana, Mr. Mr. BURNS. Mr. President, I suggest so close to the national forest system BURNS, and my colleague from South the absence of a quorum. lands that the fear that the railroad Dakota, Mr. JOHNSON, and so many of The PRESIDING OFFICER. The might spark and start a wildfire is a our colleagues who have worked dili- clerk will call the roll. threat too imminent to risk. gently to make the case to report to The legislative clerk proceeded to A second example is the river rafting this body the gravity of the situation call the roll. operations that have been forced to we now face, all deserve commenda- Mr. DASCHLE. Mr. President, I ask cease operations because of the tion. unanimous consent that the order for drought conditions and lack of river As I traveled through South Dakota the quorum call be rescinded. flows. in August during my unscheduled driv- The PRESIDING OFFICER. Without Municipal and private wells are run- ing, the comment I got most from peo- objection, it is so ordered. ning dry. In the City of Santa Fe, ple in every situation—people on Main Mr. DASCHLE. Mr. President, there emergency wells for municipal water Street, people in government, people are two Senators who have sought rec- use are needed because Santa Fe’s on farms and ranches—was simply this: ognition prior to the time we vote. I water storage is at 18 percent capacity, Help us with the drought. If you want ask unanimous consent that Senator the spring runoff is only at 2 percent, to deal with the economy, help us solve GRAMM of Texas and Senator CONRAD of and current wells are pumping 24 hours this problem now. North Dakota both be given 2 minutes a day. The situation could not be any more prior to the vote and that the vote The City of Santa Fe is at a Stage 3 grave than it is in the western part of occur immediately thereafter. water shortage emergency, which al- my State. Statistically, this situation The PRESIDING OFFICER. Without lows outdoor watering once a week, but is the worst it has been in some coun- objection, it is so ordered. the City Council is considering going ties since 1936. So, there is no other op- Mr. BURNS. I yield 2 minutes to the to Stage 4, which would eliminate all tion than for us to answer the call Senator from North Dakota. outdoor watering. To put this in per- made to us all as we traveled our Mr. CONRAD. Mr. President, those spective, the last substantial rain for States last month: Help us with the who are in opposition to providing dis- the area was in late January. drought. Provide the assistance. Do aster assistance to our Nation’s farm- Santa Fe is only one of the numerous what is right. Recognize that as we ers and ranchers who have been hit by municipalities that have imposed re- have dealt with crises and natural dis- disaster have said it will cost money. strictions on water use. These restric- asters in the past, we must now do the Of course, that is true. It will cost

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8407 money, over $5 billion, to provide dis- that we are willing to add $6 billion to Thomas Voinovich Wellstone aster assistance. It is something we a deficit which is swelling daily. Thurmond Warner Wyden have always done. It is something we I hope, first, that we sustain the NAYS—16 should do now. budget point of order I will raise. But I Chafee Hutchison Sessions More than that, the Congressional hope those who are going to vote to Ensign Kyl Shelby Budget Office informed me yesterday Feingold Lott Snowe waive this budget point of order and Fitzgerald Lugar Thompson that there will be savings from the who will give us long lectures on many Frist Nickles farm bill of $5.6 billion. Let me repeat subjects will not include growing defi- Gramm Santorum that: The CBO informed me in a letter cits among those subjects. NOT VOTING—5 yesterday there will be $5.6 billion of I think ultimately we have to start Akaka Helms Torricelli savings from the farm bill. That is not making decisions. We have to make a Gregg Smith (NH) a direct offset for this disaster assist- choice: Do we want these deficits to go The PRESIDING OFFICER. On this ance. I urge my colleagues to keep in ever higher or are we willing to make vote, the yeas are 79, the nays are 16. mind when we are looking at overall a stand now? I am not saying there are Three-fifths of the Senators duly cho- spending that it will be about a wash. not people who need help. I think we sen and sworn having voted in the af- There are savings from the farm bill can focus a narrower bill which is paid firmative, the motion is agreed to and because production is down. That for. I think a source of paying for it the point of order falls. means prices are higher than antici- can be some of the over $80 billion in The Senator from Nevada. pated, meaning costs under the farm the farm bill. Mr. REID. I move to reconsider the bill will be less by $5.6 billion. That ap- Mr. President, I raise a point of order vote and move to lay that motion on proximately pays for the disaster pack- under section 306 of the Congressional the table. age. Budget Act against the pending amend- The motion to lay on the table was If anyone wonders whether it is real- ment, No. 4481, because it contains agreed to. ly needed, I urge them to visit south- matter which is within the jurisdiction The PRESIDING OFFICER. The Sen- western North Dakota, which has be- of the Senate Budget Committee. That ator from Nevada. come like a moonscape. In running a matter is, basically, setting aside the Mr. REID. Madam President, I ask food bank in northern South Dakota, a budget process. unanimous consent that Senator ENZI Presbyterian minister reported that The PRESIDING OFFICER. The ma- be recognized to offer a second-degree the wives of ranchers are coming in jority leader. amendment to the Byrd amendment, asking for food and they are very con- that he have up to 3 minutes to discuss Mr. DASCHLE. I move to waive the cerned that their husbands not find out his amendment, and that following the relevant portion of the Budget Act, and because they are proud. They do not use or yielding back of his time, the I ask for the yeas and nays. want public assistance, but they des- amendment be withdrawn. perately need it. The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Is there Now is the time. Please help. We al- sufficient second? objection? ways have in the past. There is a sufficient second. Several Senators addressed the Mr. DOMENICI. Could I ask the Sen- The question is on agreeing to the Chair. ator a question? motion to waive. The clerk will call The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without the roll. ator from Nevada. objection, it is so ordered. The legislative clerk called the roll. Mr. REID. Madam President, I would Mr. DOMENICI. I listened carefully Mr. REID. I announce that the Sen- further notify Senators that following to the remarks, but the Senator did ator from Hawaii (Mr. AKAKA) and the Senator ENZI, Senator CRAIG is ex- not say the Congressional Budget Of- Senator from New Jersey (Mr. pected to offer an amendment, which fice told you that a waiver is not nec- TORRICELLI) are necessarily absent. would be a second-degree amendment— essary for this bill in that it will re- Mr. NICKLES. I announce that the I have spoken to the managers of the quire a budget waiver or it will fall. Is Senator from New Hampshire (Mr. bill; I have spoken to Senators DODD that not correct? and CRAIG—and that following the of- GREGG), the Senator from North Caro- Mr. CONRAD. That is absolutely cor- fering of the amendment by the Sen- lina (Mr. HELMS), and the Senator from rect. ator from Idaho, he would speak for a Mr. DOMENICI. I thank the Senator. New Hampshire (Mr. BOB SMITH) are necessarily absent. period of time but not until 12:30, and The PRESIDING OFFICER. The Sen- that there would be sufficient time for The PRESIDING OFFICER (Mrs. ator from Texas is recognized for 2 that amendment to be set aside tempo- CARNAHAN). Are there any other Sen- minutes. rarily and Senator DODD be recognized ators in the Chamber desiring to vote? Mr. GRAMM. Mr. President, we have to offer an amendment. listened as over and over again our The yeas and nays resulted—yeas 79, The PRESIDING OFFICER. Without Budget Committee chairman, the ma- nays 16, as follows: objection, it is so ordered. jority leader, and others have talked [Rollcall Vote No. 212 Leg.] The Daschle amendment is agreed to. about deficits and the alarm we have YEAS—79 The amendment (No. 4481), as modi- for rising deficits. Yet today we are in Allard Crapo Landrieu fied, was agreed to. the process of adding $6 billion to those Allen Daschle Leahy The PRESIDING OFFICER. Under deficits. We have already passed a farm Baucus Dayton Levin the previous order, the Senator from bill that cost a record amount—over Bayh DeWine Lieberman Bennett Dodd Wyoming is recognized. $80 billion over 10 years—but that is Lincoln Mr. BURNS. Madam President, re- Biden Domenici McCain not enough. We are now being asked to Bingaman Dorgan McConnell serving the right to object—and I will add roughly another $6 billion to that Bond Durbin Mikulski not object—I need a clarification, Boxer Edwards Miller deficit. Breaux Enzi though, how that could be disposed of. Murkowski We have to come to a recognition Brownback Feinstein Then would the Senator from Con- Bunning Graham Murray that deficits do not come from heaven. Nelson (FL) necticut lay his amendment aside after Deficits do not occur because God Burns Grassley it being offered to the main bill or to Byrd Hagel Nelson (NE) makes some decision. Deficits occur Campbell Harkin Reed the underlying bill? because we make decisions. Cantwell Hatch Reid Mr. REID. The purpose of this is to We have a budget process. The chair- Carnahan Hollings Roberts have the Craig amendment laid down. Carper Hutchinson Rockefeller man of the Budget Committee is not Cleland Inhofe Sarbanes As most know, we are trying to work willing to defend it, but we have it. We Clinton Inouye Schumer out an agreement on this very conten- have a budget point of order that re- Cochran Jeffords Smith (OR) tious issue dealing with fire suppres- quires 60 votes for the Congress to go Collins Johnson Specter sion. And staff is trying to work out a Conrad Kennedy on record as saying we are willing to Stabenow unanimous consent request that we Corzine Kerry Stevens throw fiscal restraint out the door, Craig Kohl could agree to later today. But until

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8408 CONGRESSIONAL RECORD — SENATE September 10, 2002 that happens, Senator CRAIG’s amend- subtitle B or C of title I of the Farm Secu- provides an offset for an appropriations ment would be the matter next before rity and Rural Investment Act of 2002 (7 bill while entertaining a host of the Senate. But he has agreed to tem- U.S.C. 7931 et seq.) at a lower level than the amendments that increase spending. porarily lay that aside to allow the original loan rate established for the com- The arcane rule seems almost slanted modity under those subtitles. Senator from Connecticut to offer an ‘‘(ii) In the case of settlement of a mar- to increased spending. amendment. And that is not in the keting assistance loan for peanuts, wool, mo- However, I recognize the importance form of a unanimous consent request; hair, or honey under those subtitles by for- of rule XVI. I really think this need for it is just for the information of Sen- feiture, the amount by which the loan drought assistance, for an offset so ators. amount exceeds the repayment amount for that we aren’t increasing the national Mr. BURNS. I withdraw my reserva- the loan if the loan had been settled by re- spending, is entirely critical. But I will tion. payment instead of forfeiture. withdraw my amendment based on the The PRESIDING OFFICER. The Sen- ‘‘(B) Any loan deficiency payments re- Parliamentarian’s ruling that rule XVI ator from Wyoming. ceived for peanuts, wool, mohair, and honey under those subtitles. prohibits offering amendments con- AMENDMENT NO. 4517 TO AMENDMENT NO. 4480 ‘‘(C) Any gain realized from the use of a taining general legislation on appro- Mr. ENZI. Madam President, I call up commodity certificate issued by the Com- priations bills. I remain committed to amendment No. 4517. modity Credit Corporation for peanuts, wool, funding a bill in which we offer my The PRESIDING OFFICER. The mohair, and honey, as determined by the amendment that will offset the clerk will report. Secretary, including the use of a certificate drought spending. The senior assistant bill clerk read as for the settlement of a marketing assistance I yield the floor. follows: loan made under those subtitles. The PRESIDING OFFICER. The ‘‘(f) SINGLE FARMING OPERATION.—Notwith- The Senator from Wyoming [Mr. ENZI], for standing subsections (b) through (e), if an in- amendment is withdrawn. himself, Mr. GRASSLEY, and Mr. HAGEL, pro- dividual participates only in a single farm- AMENDMENT NO. 4518 TO AMENDMENT NO. 4480 poses an amendment numbered 4517 to ing operation and receives, directly or indi- The PRESIDING OFFICER. The Sen- amendment No. 4480. rectly, any payment or gain covered by this ator from Idaho. Mr. ENZI. Madam President, I ask section through the operation, the total Mr. CRAIG. Madam President, I send unanimous consent that reading of the amount of payments or gains (as applicable) a second-degree amendment to the covered by this section that the individual amendment be dispensed with. desk. The PRESIDING OFFICER. Without may receive during any crop year may not exceed twice the dollar amount prescribed in The PRESIDING OFFICER. The objection, it is so ordered. this section.’’. clerk will report. The amendment is as follows: AMENDMENT NO. 4517, WITHDRAWN The senior assistant bill clerk read as (Purpose: To provide offsets through Mr. ENZI. Madam President, this is a follows: payment limitations) sorely needed offset for sorely needed The Senator from Idaho [Mr. CRAIG], for At the end of the amendment, add the fol- assistance. I wholeheartedly agree with himself and Mr. DOMENICI, proposes an lowing: the need for the emergency agricul- amendment numbered 4518: SEC. 3ll. PAYMENT LIMITATIONS. tural assistance we just passed. It is an (Purpose: To reduce hazardous fuels on our Section 1001 of the Food Security of 1985 (7 emergency in Wyoming and most of the national forests, and for other purposes) U.S.C. 1308) is amended— United States. Another pending emer- At the appropriate place in the amend- (1) in subsection (b), by striking ‘‘$40,000’’ ment, add the following— each place it appears and inserting ‘‘$17,500’’; gency is the increase in our national deficit. We have a readily available and SEC. . EMERGENCY HAZARDOUS FUELS REDUC- (2) in subsection (c), by striking ‘‘$65,000’’ TION PLAN. each place it appears and inserting ‘‘$32,500’’; appropriate offset for at least part of (a) IN GENERAL.—Subject to subsection (c) and the expenditure. I am suggesting we and notwithstanding the National Environ- (3) by striking subsection (d) and inserting use it. mental Policy Act of 1969, the Secretaries of the following: By needing emergency agricultural Agriculture and the Interior shall conduct ‘‘(d) LIMITATIONS ON MARKETING LOAN assistance today—we have tacitly ad- immediately and to completion, projects GAINS, LOAN DEFICIENCY PAYMENTS, AND mitted that by passing Senator consistent with the Implementation Plan for COMMODITY CERTIFICATE TRANSACTIONS.— DASCHLE’s amendment—we showed the 10-year Comprehensive Strategy for a ‘‘(1) LOAN COMMODITIES.—The total amount that we needed to add to the farm bill. Collaborative Approach for Reducing of the following gains and payments that a Wildland Fire Risks to Communities and the person may receive during any crop year So it has already been opened. This is an emergency, which is why I Environment, May 2002 developed pursuant may not exceed $90,000: to the Conference Report to the Department ‘‘(A)(i) Any gain realized by a producer cosponsored the emergency amend- of the Interior and Related Agencies Appro- from repaying a marketing assistance loan ment. However, this body already priations Act, 2001 (House Report 106–646) to for 1 or more loan commodities under sub- wanted payment limitations. We voted reduce hazardous fuels within any areas of title B of title I of the Farm Security and on February 7 of this year, by 61 to 33, federal land under the jurisdiction of the Rural Investment Act of 2002 (7 U.S.C. 7931 et to include payment limitations in the Secretary of Agriculture or the Secretary of seq.) at a lower level than the original loan farm bill. This isn’t an issue of chop- the Interior that are outside of Congression- rate established for the loan commodity ping programs to provide agricultural ally designated Wilderness Areas and that under that subtitle. the appropriate Secretary determines quali- ‘‘(ii) In the case of settlement of a mar- emergency money when we don’t do that for any other emergency. This is fies as a fire risk condition class three area. keting assistance loan for 1 or more loan Any project carried out under this section commodities under that subtitle by for- an issue of providing agriculture with shall be consistent with the applicable forest feiture, the amount by which the loan emergency money and helping pay for plan, resource management plan, or other amount exceeds the repayment amount for it with something on which this body applicable agency plans. the loan if the loan had been settled by re- has already voted. (b) PRIORITY.—In implementing projects payment instead of forfeiture. There has been some discussion this under this section, the Secretaries of Agri- ‘‘(B) Any loan deficiency payments re- morning to the effect that the lack of culture and the Interior shall give highest ceived for 1 or more loan commodities under crops will lead to additional money priority to— that subtitle. anyway. The President has said he sup- (1) wildland urban interface areas; ‘‘(C) Any gain realized from the use of a (2) municipal watersheds; commodity certificate issued by the Com- ports drought relief that doesn’t in- (3) forested or rangeland areas affected by modity Credit Corporation for 1 or more loan crease the national deficit. We voted disease, insect activity, or wind throw, or commodities, as determined by the Sec- for agricultural assistance today. We (4) areas susceptible to a reburn. retary, including the use of a certificate for should make every effort to keep it (c) LIMITATIONS.—In implementing this the settlement of a marketing assistance alive, and keep it in the bill until it is section, the Secretaries of Agriculture and loan made under that subtitle. sent to the President, by showing our the Interior shall treat an aggregate area of ‘‘(2) OTHER COMMODITIES.—The total good will and intention to do what we not more than 10 million acres of federal amount of the following gains and payments land, maintain not less than 10 of the largest that a person may receive during any crop can today to keep this desperately trees per acre in any treatment area author- year may not exceed $90,000: needed assistance from increasing the ized under this section. The Secretaries shall ‘‘(A)(i) Any gain realized by a producer deficit. construct no new, permanent roads in RARE from repaying a marketing assistance loan It is ridiculous to consider that this II Roadless Areas and shall rehabilitate any for peanuts, wool, mohair, or honey under body will reject an amendment that temporary access or skid trails.

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8409 (d) PROCESS.—The Secretaries of Agri- time when we need positive action to That is the intent of this amend- culture and the Interior shall jointly de- resolve this issue. ment—to bring parties of interest to- velop— Others have spoken to it. Our Presi- gether to resolve this, to bring Western (1) notwithstanding the Federal Advisory dent, about 3 weeks ago, while in Or- States together to see if we can find a Committee Act, a collaborative process with interested parties consistent with the Imple- egon, spoke very clearly to the need for course of action and the shaping of a mentation Plan described in subsection (a) flexibility within forest policy in this public policy that begins to return our for the selection of projects carried out country to deal with the fuel-loaded great forests to a state of environ- under this section consistent with subsection forests of our Nation, to thin them and mental health, watershed quality, and (b); and to clean them, to restore their health, wildlife habitat of the kind we would (2) in cooperation with the Secretary of and to do so in an environmentally expect. Commerce, expedited consultation proce- sound way. dures for threatened or endangered species. I yield the floor. The amendment we offer today— (e) ADMINISTRATIVE PROCESS.— The PRESIDING OFFICER. The Sen- while we still work with my colleagues (1) REVIEW.—Projects conducted under this ator from New Mexico. section shall not be subject to— from Oregon and California and other (A) administrative review by the Depart- States that have the same problem, but Mr. DOMENICI. Madam President, I ment of the Interior Office of Hearings and we are working with a variety of inter- thank Senator CRAIG. It is a privilege Appeals; or est groups at this moment to see if we to work with him on this entire mat- (B) the Forest Service appeals process and can resolve this in permanent policy— ter. He is the chief sponsor, and I am regulations. is an expedited process that does not here to help him. I started working on (2) REGULATIONS.— lock the courthouse door, that recog- it very late compared to Senator (A) IN GENERAL.—The Secretaries of Agri- nizes the validity of expression and CRAIG. When I say ‘‘it,’’ I mean this culture and the Interior, as appropriate, may public participation to deal with this issue, the terrible status of the Amer- promulgate such regulations as are nec- ican forests. essary to implement this section. issue. (f) JUDICIAL REVIEW.— We have reached out to incorporate Everyone in this Chamber, be they (1) PROCESS REVIEW.—The processes devel- what the Western Governors proposed, staffer or Senator, Democrat or Repub- oped under subsection (d) shall not be sub- along with the Secretary of the Inte- lican, has, over the last 31⁄2 months, ject to judicial review. rior and the Secretary of Agriculture, looked at their television in absolute (2) REVIEW OF PROJECTS.—Judicial review some months ago, to be a collaborative awe, for they have seen hundreds of of a project implemented under this section process that brings all of the parties thousands of what seemed from a dis- shall— together on a State-by-State basis to tance to be beautiful American forests (A) be filed in the Federal District Court recognize these lands and to designate for which the Federal lands are located with- that ought to be enjoyed by millions of in 7 days after legal notice of the decision to them for the purpose of cleaning up. people, owned by all Americans, burn- conduct a project under this section is made We have limited this approach to no ing up. Sometimes they move a little to the public in a manner as determined by more than 10 million acres. There are bit out of the forest and catch a house the appropriate Secretary; over 33 million acres in the class 3 sta- on fire. If they are burning in Cali- (B) be completed not later than 360 days tus, which means they are severely fornia, they burn a house, almost every from the date such request for review is filed bug-ridden, dead, dying, fuel-loaded time. We have fires in my State of New with the appropriate court unless the Dis- forests. Even with that number, we Mexico where they burn and no houses trict Court determines that a longer time is have chosen to be limited, to target the needed to satisfy the Constitution; are affected, but the beautiful forest is (C) not provide for the issuance of a tem- most severe, and to deal with it di- burning to the ground. porary restraining order or a preliminary in- rectly. You heard the numbers. It is abso- junction; and We also are dealing with the lutely incredible. What we are told is (D) be limited to a determination as to wildland-urban interface, where these that there are, within this great forest, whether the selection of the project, based homes now in the Western States are, 33 million acres that, if you went and on a review of the record, was arbitrary and of which we have lost over 2,300 as of capricious. looked at it, they are not so beautiful, today. We are also dealing with urban they are not so great. (g) RELATION TO OTHER LAWS.—The au- watersheds. Many of the watersheds thorities provided to the Secretaries of Agri- that yield the valuable water to the If you drive through them for a few culture and the Interior in this section are in miles, you will probably ask the person addition to the authorities provided in any growing urban populations of the West have been devastated by fire this year you are riding with: Why are those other provision of law, including section 706 trees still there? They may be stark, of Public Law 107–206 with respect to Beaver or are in conditions where they are ex- Park Area and the Norbeck Wildlife Preserve tremely fire prone. We have also set up burned trees just standing straight up, within the Black Hills National Forest. a variety of other prescriptions as to black or dark brown from having been burned, but still standing up. If there is SEC. . QUINCY LIBRARY INITIATIVE. how these lands would be dealt with. a big tree in the same forest—you may (a) Congress reaffirms its original intent I will talk no more in detail about it. see a huge amount of acreage that has that the Herger-Feinstein Quincy Library My colleague from New Mexico is here blown over. Nature knocked them over Group Forest Recovery Act of 1998 be imple- to speak about it. We are still working mented. Congress finds that delays and ob- so they are not the beautiful forest with our other colleagues in the West stacles to implementation of the Act have that you think it is from a distance. occurred as a result of the Sierra Nevada and around the country to see if we can Forest Plan Amendment decision January build a bipartisan approach toward re- Or if you go to two or three forests, 2001. solving this issue. you will also find that there are in- (b) Congress hereby extends the expiration The President, the Deputy Secretary fected forests with various kinds of of the Act by five years. of Agriculture, and the Chief are di- bugs, to use a common word—insects Mr. CRAIG. Madam President, I have rectly involved with us at this moment that have eaten a forest away and what just sent to the desk a second-degree to see if we can bind together at least happens? It just stands. These dry, amendment in my name and that of a policy that begins to step us forward wooden trees just stand. Underneath the Senator from New Mexico, Mr. into resolving what, in my opinion, is all of this, or alongside of it all, are DOMENICI, and a good number of other now a critical, if not a crisis, status in small trees that have fallen down, Western Senators who have grown ex- our U.S. forested lands. leaves that have piled up. In a nutshell, tremely concerned about the fire situa- We have now lost an unprecedented the forest is unattended and left, obvi- tion in the Western States primarily, number of acres. We are still burning ously, for years, with nobody doing and especially the Great Basin States, in the States of California and in other what we all did many years ago. No- where we have seen now wildfires rag- States. That could well go on for an- body is cleaning it up; nobody is ing since mid-June—some 66.5 million other month before the wet season thinning it. acres, 2,300 homes up in smoke, 28 lives hits. We could lose over 7.5 million So we have acreage in America where lost, phenomenal wildlife habitat and acres this year, comparable to what we there are so many trees growing side watershed destroyed. Clearly, it is a lost last year. by side that we were shown yesterday

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8410 CONGRESSIONAL RECORD — SENATE September 10, 2002 by one of our colleagues, who is helping same thing, or as close as we can, that have left more court proceedings in our with this bill, two pieces—a cut across Senator DASCHLE, quite correctly, gave measure than the majority leader left a tree about this thick, about 14, 15 to the citizens of his State. He did that in his. We have streamlined the proc- inches in diameter, and another one a month and a half ago, or less, when ess, no question about it. We have was this big, about 41⁄2, 5 inches in di- we put amendments on an appropria- taken less of a proportion of the class ameter. But guess what. They can tell tions bill. III gambling acreage and put it in our how old each one is. The little one is Again, I have no objection to his hav- bill. twice as old as the bigger one because ing done that. I praised him because Senator CRAIG said, out of 33 million of poor growing conditions, because the time had come when NEPA had to acres that are so polluted as we de- they were all squashed up together, be changed. We were all operating scribed, they are going to burn down like you see American forests today. under a blanket that said you can’t do and carry all kinds of other trees with Instead of being separated, where the that, no matter what. When we read them. Ten out of 33 is what we provide Sun can go down through and the for- this, we said, if you cannot do it, it has for in our bill. We are willing to say, if est can be happy—as we called a bill to just been done because the distin- they cannot do 10, because they don’t clean up the forests last year, we guished majority leader did it for the have the equipment or the time, it can named it the Happy Forest Act, hoping Black Hills in his State. And now I be altered. We are also in favor of add- that we would start to clean up the for- walked, during the last 25 days in my ing the new money that the President ests. State, into about six or eight meetings pledged, and that can go to this. If But we have not. The American peo- with cowboys and people who used to there needs to be more, we can talk ple have now heard on the local news work in lumber mills, with people who about it on the floor of the Senate. media and the national news media have farms up alongside the forests; I rose today not to speak of tech- that, for some reason, the process of they are at meetings and all they want nicalities. We will do that. Our amend- trying to clean up some of these trees— to know, why can’t we clean forests so ment is there and there are plenty of I am speaking now of those categories they won’t burn down. Anybody com- copies for the technicians to look at. In to which my friend Senator LARRY ing to see Senator DOMENICI puts up his a nutshell, we have seen the forests of CRAIG alluded—that almost anybody hand and he wants to know why can’t America and they are burning. would say let’s get those out of the for- New Mexico do what South Dakota can We think over time we must have a ests. do. All we can do is say Senator new forest plan. I have heard my good RAIG The process of cleaning it up has DASCHLE is a fair man. He did this for friend, Senator C , speak of a new been held up by a procedure that gets his constituents. We believe when he forest plan, a new horizon for mainte- almost every desired cleanup into a sees what should be done for ours, he nance and upkeep that will keep these court of law, into a NEPA statement, will be helpful. forests beautiful. We also speak of pre- regardless of how little or ineffective it We do hope the amendment that we serving these forests where they are is against the forest. In fact, the proc- put down—the Craig-Domenici, et al— subject to being burned down because ess got so bad that, while most of us that many Senators will be on it. I of our failure to maintain them. We were totally unable to get a change so have talked to Senators on the other want to go in, within the next 18 we could do fix it, the distinguished side whose names have not yet been months, and do as much maintenance as we can. In the process, we are not in- majority leader saw it coming. Senator mentioned—even by Senator LARRY terested in lumber. DASCHLE saw it coming in his State. He CRAIG, the prime sponsor. I am talking As soon as we decided we were going must have gone there and saw what we to all of them now, Democrats and Re- this way, 10 or 15 Senators got on tele- see. He saw it in his forest in the Black publicans. We can put a bill together vision and we heard opposition: We do Hills. In other words, he saw some that will work in California, where not want to do that, because they are acreage where his constituents must there are many houses and they are all for big lumber. have been showing him and saying: very valuable and, therefore, you need What we are for is saving our forests. Senator, why do we have to leave that to clean up around each of them—all We do not have any new lumber con- here? It is just a target that will burn the way over to New Mexico where you tract language, that I am aware of, in our whole forest down. Why are you have very open spaces and some this bill. I am not an expert, but I see not able? Because environmental houses. But you have to make sure the the experts saying that is true. We groups, which are particularly con- cleanup is not going to just be around have provisions that will permit the cerned—rightfully so—with the forests buildings and houses. Some of it will managers within the Forest Service of America, won’t let you take it up? have to be in other open spaces where and the BLM to proceed to maximum So everyone should know that Sen- the forest itself will be the victim, not cleanup, and to do it now. ator CRAIG, Senator DOMENICI, and necessarily a house in the fire’s way. We do not have any new roadways, as many other Western and Rocky Moun- So I urge that—as is the usual man- I understand it. We do not have new tain Senators—hopefully, before we are ner when we have a situation such as roadways where there are none, be- finished we will be joined by many oth- this—we not end up with one group cause we are not interested in that; ers—looked at the urgent supplemental calling the other group names—that that is not our goal. that passed not long ago, and we no- one is pro-environment, or that one is So once again, I say to our friends, ticed that the distinguished majority pro-forest. I submit that we have a big Democrats and Republicans, these are leader had put in language exempting problem. Senator DASCHLE tried to days when we seem to try to come to- fuels reduction projects on the Black solve it for his constituents. We have gether as Senators. We are not getting Hills National Forest from NEPA ap- observed that carefully. We would like a lot done because 9/11 is hovering over peals and litigation. to solve it for our constituents. We do us. But I do think it would permit us, So from a distance, we said, thank not believe the distinguished majority also under that attitude we have gen- you, Mr. Majority leader, you really leader is going to say: I got it but you erated of being more friendly and more did for us what ought to be done—ex- cannot have it. It is fair and it must be congenial, to consider what those who cept that you only did it for your done. Our forests will burn down before oppose it say; we will consider it to be State. No criticism. That is fine. We we ever get to clean them up. a legitimate objection, if the other side say if it is good enough for the major- Having said that, we worked very will consider what we propose to do as ity leader in his State, then it ought to hard—not just Republicans, but a num- legitimate and let us explain it care- be good enough for us. We have many, ber of Democrats, and not just Repub- fully. many times more acreage of this kind lican staff, but a number of Democrat Let’s see if we can get a bill so we in our respective States—Idaho, Ari- staff who know what they are talking can go home this year, whether we are zona, New Mexico, Nevada, and I can go about. We crafted this bill. We think running or whether we are just going on. We have much, much more of that from the standpoint of doing away with home because it is our time to go broken down, knocked over timber, some of the litigation that environ- home, and we can go to those meetings burned but still standing, wind blown, mentalists like to be in place so they I described and say, Democrat and Re- bug-infested. We would like to have the think their interests are protected, we publican, joined by our President, we

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8411 put more money into cleaning up the gether is to overreach. Particularly, the amendment, but I want to at least forests that you live by, live in, work this analogy to South Dakota, I would discuss this by taking a few minutes. with, and recreate in; we put money to say to my good friends, simply does not I ask unanimous consent that the do some real fixing up; and we also wash. The South Dakota example in- amendment offered by the distin- have agreed we do not have to take so volved 800 acres. We are talking about guished Senator from Idaho be tempo- long to go from weighing that forest millions and millions of acres in this rarily laid aside for the purposes of of- and saying it is one of those that ought debate. If there is one thing that we fering an amendment I would propose, to be cleaned up to getting it cleaned westerners have learned, it is that one with the full understanding that, obvi- up. size does not fit all. ously, the amendment by Senator Should it take 5 years? Of course not. I hope we can continue to talk about CRAIG would preempt any consider- Should it take so long that everybody ways to really ecologically improve the ation of my amendment, at least under gives up? Of course not. We have provi- health of fire-prone forests, work to- the present circumstances. sions as to how fast it must go in terms gether to tailor our approach to deal The PRESIDING OFFICER. Is there of the events that occur in the court- with areas that are at risk for fire. I objection? rooms and other places. have made it clear I support expedited Without objection, it is so ordered. This is one chance to make some real treatment there. AMENDMENT NO. 4522 TO AMENDMENT NO. 4472 changes. They will be temporary, but Let us not lock the doors to the Mr. DODD. Madam President, I send we will be able to look at them and say courthouse. I believe people have a an amendment to the desk and ask for we can now continue to do them; the constitutional right to access the its consideration. forests may come out clean in 10 or 15 courts, but they do not have a con- The PRESIDING OFFICER. The years, not next week, not next month. stitutional right to a 5-year delay. Let clerk will report the amendment. I am hopeful our amendment, which us make sure all the stakeholders have The assistant legislative clerk read obviously can be changed, will be a place at the negotiating table. as follows: looked at from the standpoint that we Senator CRAIG and I have an experi- The Senator from Connecticut [Mr. DODD] are not here to blame; we are not here ence that has worked with the county proposes an amendment numbered 4522 to to criticize; we are here to commend payments bill, a bill that the Forest amendment No. 4472. the distinguished majority leader for Service called the most important bill Mr. DODD. Madam President, I ask seeing that NEPA, the approach of the in 30 years. unanimous consent that the reading of National Environmental Protection Finally, it seems to me we ought to the amendment be dispensed with. Act to cleaning up the forests, has to be sensitive to the ecological impor- The PRESIDING OFFICER. Without be modified in terms of its imposition tance of the big old-growth trees. objection, it is so ordered. of delay. So I am saddened that I have to op- The amendment is as follows: We ought to be able to do that in pose this amendment. I plan to con- (Purpose: To prohibit the expenditure of writing, where it is easy for everybody tinue to keep talking to my colleagues. funds to recognize Indian tribes and tribal to understand and will not destroy, I thank Senator DODD again for his nations until the date of implementation will not cause our forests to be logged graciousness in giving me this time, of certain administrative procedures) in some way that is not good for Amer- and I yield the floor. On page 64, between lines 15 and 16, insert ica. We hope the public can look openly The PRESIDING OFFICER. The Sen- the following: at our work in the next 3 or 4 days. And ator from New Mexico. SEC. 1ll. FEDERAL RECOGNITION. we want it to be open. We have nothing Mr. DOMENICI. I will only take a (a) IN GENERAL.—Notwithstanding any to hide. We want to be able to say minute. other provision of this Act, and subject to the availability of funds and subsections (b) within the next 6 weeks, across the I say to my good friend from Oregon, and (c), the Bureau of Indian Affairs may not United States on the nightly news and I thank him for his remarks. I am very use more than $1,900,000 of the funds made the newscasts of the day, the bipar- hopeful that whenever we vote on this available by this Act to carry out functions tisan Senate has decided to fix up the bill, the Senator will vote aye, because and activities associated with the Branch of forests before they burn down, clean whatever it is the Senator thinks does Acknowledgment and Research. them up before they are no more. That not fit the bill in this amendment can (b) LIMITATIONS.—None of the funds made is essentially what our bill is all about. be rectified. available under this Act shall be used to ap- I yield the floor. I also say that my mentioning of the prove or deny a petition from any person or entity for recognition as a federally-recog- The PRESIDING OFFICER. The Sen- distinguished majority leader was with nized Indian tribe or tribal nation (referred ator from Oregon. praise, with congratulations, and stat- to in this section as a ‘‘petition’’) until such Mr. WYDEN. Madam President, I am ing that he showed us how. I did not date as the Secretary of the Interior (re- going to be very brief because I am im- say we have to do it the same way, but ferred to in this section as the ‘‘Secretary’’) posing on the time of Senator DODD. As he did change the effect of NEPA for certifies to Congress that the administrative chairman of the Senate’s Sub- his State once and for all on these for- procedures described in subsection (c) have committee on Forests and Public ests. I am very proud he did. I want to been implemented with respect to consider- Lands, I regret to say this morning I do something close to that when we do ation of any petition submitted to the Sec- retary. have to oppose the amendment that it. I do not want to close the gates of (c) PROCEDURES.—The administrative pro- has been laid down by my colleagues. the courthouse. In fact, we did less of cedures described in subsection (b) are that— I have enormous respect for both that in this than with other bills. I (1) in addition to notices provided under Senator DOMENICI and Senator CRAIG. I think the Senator knows that. any other provision of law, not later than 30 want to take a couple of minutes to The PRESIDING OFFICER. The Sen- days after the date of receipt of a petition, talk about my concerns. I want to be ator from Connecticut. the Secretary shall provide written notifica- clear, having lived this issue con- Mr. DODD. I say to my friend, Sen- tion of the petition to— (A) the Governor and attorney general of— stantly with my constituents through ator CRAIG, who is in the Chamber, in conversations with the distinguished (i) the State in which the petitioner is lo- the summer months, I am totally com- cated as of that date; or mitted to the concept of expedited majority whip a moment ago the sug- (i) each State in which the petitioner has treatment when we are dealing with gestion was that we might temporarily been located historically, if that State is dif- areas that are fire prone, when we are lay aside the Craig amendment so I ferent from the State in which the petitioner dealing with areas that are at risk for could offer an amendment. I am not is located as of that date; fire, as so much of the West is. I am going to take a lot of time on this, I (B) the chief executive officers of each committed to expedited treatment. would say to the ranking member on county and municipality located in the geo- I will say, and I regret to have to do this bill. I will lay down this amend- graphic area historically occupied by the pe- so this morning, I believe this amendment and explain briefly what I would titioner; and (C) any Indian tribe and any other peti- ment is an overreach. The history in like to do. tioner that, as determined by the Sec- the West, because things are so polar- Since this involves the Bureau of In- retary— ized, is that the surest way to taint an dian Affairs, Senator INOUYE, the chair- (i) has a relationship with the petitioner effort to try to bring the parties to- man of the committee, is looking at (including a historical relationship); or

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8412 CONGRESSIONAL RECORD — SENATE September 10, 2002 (ii) may otherwise be considered to have a ship, the Pequot Tribe and the Mohe- part of the Federal Registry. We want potential interest in the acknowledgement gan Tribe, both of which have played a to codify them to say if these criteria determination; significant role in our State and with are important, they ought to be ad- (2) the Secretary— our citizens and have contributed to hered to. If you go through the recogni- (A) shall consider all relevant evidence tion process, you must meet the cri- submitted by a petitioner or any other inter- the well-being of our State. The two ested party, including neighboring munici- tribes have generated thousands of jobs teria, as well as inform affected com- palities that possess information bearing on in Connecticut and have provided much munities. the merits of a petition; revenue for the State. Many States in the country have pe- (B) on request by an interested party, may I offer this amendment which in no titions pending. There are 200 pending. conduct a formal hearing at which all inter- way deals at all with tribes that have My State has nine. That is why there is ested parties may present evidence, call wit- been recognized. I strongly support a sense of urgency. Other States have nesses, cross-examine witnesses, or rebut them and have been deeply involved in petitions pending, as well. This is not evidence presented by other parties during about denying petitions. I happen to the hearing; and both the Mohegan and Pequot issues, sometimes going back to my days when believe if criteria are met, these tribes (C) shall include a transcript of a hearing ought to be recognized. In fact, I sug- described in subparagraph (B) in the admin- I served in the other body, when the istrative record of the hearing on which the Tribes were first considered for rec- gest the present process, as flawed and Secretary may rely in considering a petition; ognition. We went through an exten- as broken as it is, devalues federal rec- (3) the Secretary shall— sive process. ognition so those that have been recog- (A) ensure that the evidence presented in My concern has to do with the fact nized, under stiff criteria, those who consideration of a petition is sufficient to that the recognition process, by the ad- have gone through the process that demonstrate that the petitioner meets each mission of the Bureau of Indian Affairs, took years in some cases, will see their of the 7 mandatory criteria for recognition recognition undermined in some sense contained in section 83.7 of title 25, Code of has broken down entirely. I will quote the former head of the Bureau of In- if the future recognitions are granted Federal Regulations (as in effect on the date where the criteria have not been met. of enactment of this Act); and dian Affairs, Kevin Gover, the Assist- (B) consider a criterion to be met if the ant Secretary for Indian Affairs: That is what we are trying to avoid. Secretary determines that it is more likely This amendment imposes a morato- I am troubled by the money backing cer- rium on any new recognitions until the than not that evidence presented dem- tain petitions and I do think it is time that onstrates the satisfaction of the criterion; Congress should consider an alternative to Bureau of Indian Affairs applies these and the [existing] process. [Otherwise,] we’re criteria. They can do it quickly and (4) the Secretary shall publish in the Fed- more likely to recognize someone that might move forward, or they can delay it. eral Register, and provide to each person to not deserve it. And in that case, we hold up here. which notice is provided under paragraph (1), We have also in this amendment pro- a complete and detailed explanation of the That was the Assistant Secretary of Indian Affairs. vided some $1.9 million if funds are final decision of the Secretary regarding a made available to the Bureau of Indian documented petition under this Act that in- We are reviewing petitions that are cludes express findings of fact and law with almost hard to imagine. We just had a Affairs. There are some wonderful peo- respect to each of the criteria described in situation in our State where two tribes ple working in this agency. But they do paragraph (3). opposing each other sought recognition not have the resources needed when Mr. DODD. Madam President, let me by the Bureau of Indian Affairs. The you have 200 applications pending, a emphasize, I am offering this amend- Bureau of Indian Affairs did not ap- relatively small staff, and if you are ment now with the full understanding prove either application but rather trying to do the historical research, that my dear friend and colleague from came up with a third choice—no one the checking, all of the investigation Hawaii, the chairman of the com- asked for it—and recognized the third that needs to be done, considering all mittee, is reviewing this amendment to choice. the information that comes to you, you have to have the people who can help see whether it might be accepted. If it If that is not a system that is broken you do that. is, obviously we will deal with it in a down, I don’t know what is. All we are I don’t require this spending because asking in this amendment is that com- different manner. that might subject the amendment to a Since we have some time and we are munities, leaders, Governors, and the point of order, but I merely point out about to leave the Interior bill to go various States where the petitions are that these funds, if available, should be pending be notified of the petitions; back to homeland security, it may be made available to the Bureau of Indian another day or two before we get back that other tribes be notified as well as Affairs to allow them to do the job to the Interior appropriations bill. So I the petitions; that there be improved they would like to do. thought I would take advantage of this notice of petition to key persons who Again, I don’t write anything new in pause in the consideration of the Craig may have an interest in the petition, terms of new criteria, new law, new amendment to lay out what this including the Governor and the attor- hurdles. We take the existing criteria, amendment is, why I am offering it, ney general of the State where a tribe we do say you must notify people and and why it is so terribly important seeks recognition; consideration of all affected communities where this is that we adopt it, or something like it, relevant evidence submitted by a peti- going on so they can be heard and peo- if we can. tioner and other interested parties, in- ple have an opportunity to discuss It is with some reluctance that I cluding municipalities; require that a what will happen if recognition is ap- offer this amendment to address the petitioner meet each and every one of proved and we end up with a sense of process for recognizing Indian tribes in the seven criteria for Federal recogni- community. I wish every single com- this country. I would have preferred to tion spelled out by the current Code of munity could go through what we went have the matter addressed at a dif- Federal Regulations; and require that a through with the Mohegan Tribe in ferent time and under different cir- decision on a petition be published in Connecticut when that Tribe was seek- cumstance, but I raise it now because the Federal registry that includes ex- ing recognition. The relationship with the matter has considerable urgency press written findings of fact and of the surrounding communities that de- and importance in my State and other law with respect to each of the seven veloped was not done under law. It was States. mandatory criteria. done because the leadership of the tribe Currently, there are 200 petitions We had a case not long ago where the and the leadership of the communities pending at the Bureau of Indian Affairs criteria of showing a continuity of re- worked so closely together. As a result by groups throughout our country lationship had been broken by more of that, today we have a wonderful re- seeking Federal recognition as Indian than 70 years. The Assistant Secretary, lationship between a Native American tribes. Nine of the petitions are in my despite the findings of the technical tribe and the communities in which State of Connecticut, a State 110 miles staff that said this gap would be they reside. by 630 miles square. There are in addi- enough to deny recognition, overruled Recently, I participated in the open- tion to the two tribes that have been the technical staff and approved it any- ing of a new hotel at the Mohegan fa- recognized in our State, with which I way. So what we are doing is not writ- cility, and had dinner with the tribal have a very close and warm relation- ing new criteria. These criteria are council. The tribal council invited

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8413 leaders throughout the State. Every- nized Federal tribes or hinder their What heightens this more than anyone was there to celebrate the remark- economic development plans. Nor does thing else are some of the most recent able event, this wonderful relationships it change existing Federal tribal rec- applications. I know my friend from that have emerged, and the contribu- ognition laws. What this amendment Colorado is aware of this, but we actu- tion this tribe has made. With the does, consistent with those laws, is en- ally had two tribes seeking recogni- Pequot Tribe, we have had a more dif- sure that recognition criteria are satis- tion. They opposed each other’s rec- ficult relationship with some of the fied and all affected parties, including ognition. The Bureau of Indian Affairs communities, but they are working at affected towns, have a chance to fairly essentially rejected both applications it. There are still issues to be resolved participate in the decision process. It and approved a third application that and they are struggling to sort them assures a system of notice to affected was never filed. You can understand out. parties; that relevant evidence from the utter amazement of my constitu- We need to bring some sanity and petitioners and interested parties, in- ents under those circumstances. That some sensibility to a recognition proc- cluding neighboring towns, is properly is like two people applying for a Fed- ess that is just not working. I wish considered; that a formal hearing may eral grant, both being rejected, and a there was some other way to deal with be requested, with an opportunity for grant being awarded to an agency that this. I don’t ever want to support legis- witnesses to be called and with other never sought it. My colleagues who lation to undo recognition where rec- due process procedures in place; that a think the system is not broken: Look ognition has been granted. We are not transcript of the hearing is kept; that at that example. talking about anything that would un- the evidence is sufficient to show that dermine the recognition of existing While your State may not be affected the petitioner meets the seven manda- today, it could be, so we need to bring tribes in the country. It merely says tory criteria in Federal regulations; for those petitions that are pending, some order to this, provide the re- and that a complete and detailed expla- sources, make sure the criteria are the criteria should be met; that notice nation of the final decision and find- should be given; that opportunity to be met, and then we ought to accept and ings of fact are published in the Fed- heard should be made. We do not think endorse and applaud when recognition eral Register. Under the amendment, that is a tremendous amount to be ask- occurs and not to undermine the rec- funding available under the Interior ing. We are looking at, in some cases, ognition process when problems such Appropriations bill to the Bureau of In- tremendous additional burdens on sur- as this arise. dian Affairs for the recognition process rounding communities, on transpor- becomes available when these funda- Again, I will take some additional tation, housing, and the like. We need mental due process procedures are im- time if necessary. I am hopeful my col- to take that into consideration with plemented by the Secretary of Interior. leagues can just accept this amend- Federal recognition as part of the proc- The amendment dictates no outcomes, ment. I am not interested in going ess. through a unnecessary process here, a Mr. LIEBERMAN. Mr. President, I it simply tries to assure a fair process, accessible and more transparent to af- lengthy process of debate on this. I rise in support of Senator DODD’s pro- would like to see if we could agree. I posed amendment, of which I am a co- fected parties. Mr. DODD. I see my wonderful friend, am not adding anything new. I am just sponsor, to reform and strengthen the taking the criteria and codifying them, Federal tribal recognition process for BEN NIGHTHORSE CAMPBELL. He and I have talked about this on numerous oc- and setting a moratorium. The morato- American Indian tribes and their gov- rium could last a month or less if the ernments. casions, and he is aware of what I am doing with this amendment I drafted criteria would be applied, so it need not I am pleased to join with my re- delay things inordinately. spected colleague on this amendment, many months ago. and concur with his sentiment that I have gone through it and have had I have tried every which way; I know this amendment will further construc- numerous conversations with Native of no other way we can get BIA’s atten- tive dialogue on establishing a more American tribes about this amend- tion. We cannot get a bill up. We can’t fair and open Federal tribal recogni- ment, as to what I wanted to do and get things done, and the process goes tion process. In 2001, I joined him in in- why I thought it was important. I am on, and if a recognition comes troducing S. 1392 and S. 1393, which very grateful for the responses I have through—I don’t want to undo a rec- were similarly designed to reform and had, the understanding here that this ognition when it occurs. That would be improve the process by which the Fed- in no way derecognizes—in fact I would outrageous. That would put in jeopardy eral Government recognizes the sov- vehemently oppose any effort to every single recognized tribe, which ereign status of American Indian tribes derecognize any tribe in this country would have to fear an act of Congress and their tribal governments. that has received Federal recognition. might somehow derecognize them. The Federal tribal recognition proc- The point I am trying to make here That is not the way to go. But if we ess has greatly affected the State of is that the Bureau of Indian Affairs don’t bring in some sanity and we end Connecticut and its local municipali- needs resources and it needs to follow a up with circumstances such as those ties from a financial and physical in- process so there is clarity; so every- that happened in my State, I can see frastructure standpoint. Connecticut is body understands what happens and somebody passing legislation that one of our nation’s geographically how it happens; so there is the infor- might just do that, and it would not be smallest states. However, Connecticut mation the people need; so there is an because they are evil or bad but it already has three federally recognized opportunity to respond; so the criteria would be because they see a system tribes, one of which is being appealed, will be met. that is flawed and is providing recogni- and nine more recognition petitions You have great technical staff, great tion where it is not deserved, or worse, are in the Bureau of Indian Affairs professional staff at the BIA. It is dis- denying recognition where it was de- pipeline. That is why Connecticut has heartening for them to go through a served because other financial inter- been so keenly impacted by the federal process and make recommendations ests objected to them reaching that recognition process. and have an Assistant Secretary veto status. This Federal recognition process has their hard work, and that has happened So both the petitioner that deserves been fraught with controversy. We in too many instances. recognition and the neighbors of peti- shouldn’t recognize additional tribes We have 200 applications pending—in tioners that do not are in jeopardy as a until the process is fixed and credi- my State nine of them—and a number result of the present process. It’s unfair bility in the BIA recognition process is of them are going to be decided in the and wrong. reestablished. It is widely recognized next 7 or 8 months. If I could wait for that the process is both extremely the next Congress, wait for an author- I am hopeful we can, as I say, adopt lengthy and that towns and other in- ization bill to come up, I would rather this and then convince the administra- terested parties feel that their views go that way. But next year the amend- tion, convince the BIA to improve the have been ignored. ment I am offering would do little or process and go this route and straight- I want to stress that this amendment nothing if recognition is granted in en this out before we end up with a does nothing to affect already recog- places it is not deserved. firestorm across the country that I

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8414 CONGRESSIONAL RECORD — SENATE September 10, 2002 think could do great damage to our Na- the criticism that we knew a system be in San Diego after we get out, in No- tion and to those that deserve recogni- was broken and we didn’t make an ef- vember, with only 17 or 18 days of action that might otherwise be adversely fort to try to do something about it. tual working time here. It might well affected by it. With that, let me sit down, yield the be too late to do anything this year. I have not gone into the whole casino floor, and listen to the good words of But if we don’t, and even if it does have deal because I don’t think that is the my friend. the support of Indian tribes, it is cer- issue. If a tribe in my State deserves The PRESIDING OFFICER (Mr. MIL- tainly something we ought to review recognition and they go through the LER). The Senator from Colorado is rec- next year. I tell my friend I will be process, my State allows for Native ognized. looking forward to trying to find a so- American tribes to operate casinos. If a Mr. CAMPBELL. I ask a couple of lution to this very difficult problem. tribe deserves recognition and they minutes of time from Senator BURNS, if The PRESIDING OFFICER. The Sen- open up a casino, if they deserve the I can get some. ator from Nevada is recognized. recognition, then they deserve to go Let me tell my friend, Senator DODD, Mr. BURNS. Mr. President, will the ahead with that. I may not be enthusi- I think he has brought something for- majority whip yield for a second? astic about it, but I don’t believe we ward that we have long neglected. We Mr. REID. I would be happy to yield ought to be opposing recognition behave dealt with it in the Indian Affairs to my friend for a question. cause Native American tribes all of a Committee several times and have not Mr. BURNS. Will he allow me to ask sudden have discovered a way to accrue been able to find a solution. unanimous consent that the Dodd I know, as you said, the casino issue some wealth. So my objection to this amendment be laid aside so the pend- may not be the central focus point, but process is not grounded in the casino ing business would be the Craig amend- clearly it has driven the debate over debate. I understand it. I am sympa- ment? the last few years. There are probably Mr. REID. Absolutely. thetic in some ways. 60 or 70 or more on the drawing boards Mine is a small State, smaller than Mr. BURNS. I ask unanimous consent right now throughout America. In fact, Yellowstone National Park. It is small- that the Dodd amendment be laid aside there is a good number in California. and that we return to the Craig amend- er than some counties in California or We have seen the advent of huge ment. Montana, geographically. When you amounts of money. Actually it ended The PRESIDING OFFICER. Without end up with two of the largest casinos up dividing families, about who was in the world and the possibility of nine objection, it is so ordered. going to control the tribe. We are deal- Mr. BURNS. I thank the Senator. more in a little State, you can under- ing with that now in California, where AMENDMENT NO. 4518 stand some frustration being felt. But part of the family has literally my argument is not grounded on that disenfranchised some other parts Mr. REID. Mr. President, I want to point. If recognition is deserved, it through some local decisions made by take just a few minutes to talk about ought to be granted. My concern is the agencies in California rather than the statements given by my friend—I that the recognition process is so bro- even going as far as the Secretary’s of- say my dear friend from New Mexico, ken and so flawed that even the Assist- fice or the Under Secretary’s office. So the former chairman of the Budget ant Secretary has described it as such. we know there are some real problems Committee, and someone I have It is incumbent upon us, it seems to with it. worked with for many years on the Ap- me, to try to do what we can to I wanted to mention that I may very propriations Committee and the En- straighten this out. well join you. But right now I under- ergy and Water Subcommittee—regard- So this amendment is designed to im- stand this is going to be laid aside for ing the South Dakota forest settlement pose a moratorium, take existing law, a while anyway. I tried to call Senator that was initiated and accomplished existing regulations, codify them so INOUYE, the chairman. I am the rank- just a few months ago. there is clarity in the process, there is ing member, as the Senator from Con- The amendment that was offered by a clear roadmap, so those petitioners necticut knows. He is not in yet, but my friend from Idaho simply doesn’t seeking recognition and those opposing we are going to sit down and talk meet the Black Hills test. There are it for whatever reason can have a high- about this. others who can probably explain that er degree of expectation of what is ex- I might say, in the past, my own feel- better than I. But I think I have a pret- pected of them and what the hurdles ing about codifying anything—in other ty good knowledge of what happened in are that have to be met before recogni- words, taking regulations and turning South Dakota. tion is granted or denied. them into law—without people whose First of all, the amendment offered With that, I have taken more time lives are going to be affected, I have al- by the minority doesn’t offer any new than I said I probably would. I am ways been very careful about that, par- wilderness in exchange for protecting grateful to Senator CRAIG and Senator ticularly in the Indian community. We the timber from appeals. In addition to DOMENICI for laying aside their amend- hear very often in committee when In- the 10 million acres of trees that my ment so I could lay this down for the dians come in to testify, tribes come to friend from New Mexico wants to have purpose of letting my colleagues know testify, people say: We didn’t even the Forest Service and BLM cutting my interests. Hopefully we can find know you were going to do this. We down and doing things of that nature, some common ground. had no opportunity to study it, to deal if my friend wants to include a wilder- My colleague from Colorado has an with it. I know, at least in my view, I ness part of that, that would be some- alternative idea. My concern is, if we do not think any of the national thing maybe a lot of us could take a don’t get that done in the meantime, groups, for instance, the National Con- look at. As we know, wilderness comes the recognition goes forward and obvi- gress of American Indians, any profes- in this body by inches. It is very dif- ously he is not going to offer a bill that sional group or any particular tribes, ficult to accomplish. is going to undo anything that has oc- have had a chance to review this and Anytime we talk about what is hap- curred already. try to be in on the discussion about pening in South Dakota, understand For those of us who sense urgency on how we fix something that is rapidly that a component of that was creating this issue, I am looking for some tem- causing a lot of problems. wilderness—in fact, about 4,000 acres of porary filler here until we get to a Mr. DODD. If my colleague will yield, wilderness. I think that is something more elaborate, more established proc- I have, going back a number of months we have to understand. ess. My concern is by the time we get now, specifically transmitted this lan- We have to also understand that the that done, the horses may be out of my guage, or language like it anyway, to amendment offered by my friend from barn, in a sense, and there will be noth- one of the national tribal councils to the minority is sweeping in its scope, ing more than a historical tragedy in a get their input. I don’t want to bring covering, as I understand it, about 10 way where I have nothing more to say anything to the floor that in any way million acres. The South Dakota pro- to my colleagues except we missed an they would feel hostile about or to- posal dealt with 8,000 acres. opportunity. ward. The terms and conditions of the indi- It seems to me, if I do not try to do Mr. CAMPBELL. I tell my friend, vidual projects under this proposal something here, then we are subject to their national convention is going to that we have from our friend from

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8415 Idaho will not be subject to negotia- around. Now only about 30 percent is tion where, on a legal basis, they are tions by environmental groups, States, spent in urban areas and 70 percent deportable as of September 11, 2002, and and the industry. It also does not pro- spent outside these urban areas. this at the same time as they are tak- tect wilderness areas from new road As I indicated, the Black Hills settle- ing on that incredibly difficult task of construction. It will not retain large, ment agreement creates thousands of dismantling their lives here in the green trees and snags—something that acres of new wilderness in the Black United States and returning to their was in the South Dakota proposal. Elk Wilderness Area. The Black Hills country of birth. I know it is an interesting ploy to settlement is an environmentally re- This legislation would extend by 1 say we want to do just exactly what sponsible thinning in two areas in the year the relief we provided in the Pa- South Dakota did. No one really means Black Hills National Forest. The Black triot Act to allow noncitizens whose that. It is a totally different situation Hills settlement has conditions of sales parent or spouse was murdered in the involving not 10 million acres but 8,000 negotiated among various parties, in- terrorist attacks of September 11. acres. cluding environmental groups. The Today is September 10, just 1 day shy There have been longstanding nego- Black Hills settlement agreement al- of the 1-year anniversary of the most tiations in South Dakota. It has been lows negotiated sales to go forward significant terrorist attack on the involved in the court system for a con- without further appeal or lawsuits. The United States in history. siderable period of time. Black Hills settlement agreement con- The United States lost some 2,800 I think we have to get off that, and tains large green trees and snags, and lives, as you know, but in the past year get off the fact that we only want to do it protects endangered species and we have forgotten, in my view, to take what the majority leader wants. We habitat. into consideration the 504 nationals want is to make sure that places such We can get into more debate in that from 86 foreign countries who were a as beautiful Lake Tahoe, which is a regard with this amendment offered by part of that. Many of these victims lake surrounded by the States of Ne- Senator CRAIG and the one we will offer were in the United States as guest vada and California are protected—a at a subsequent time. But I just wanted workers, contributing their technical lot of people are living there. We are to outline the two basic proposals and expertise in helping the U.S. economy really afraid of a fire taking place how we can’t keep harping on the fact be the strongest in the world, be the there because lots of people now live in that we want to do what was done in engine of the world’s economy. When that basin. South Dakota. Nobody really means they died, their hopes to provide a bet- During one of the trips that I remem- that. It is just an effort to try to create ter life for themselves and their chil- ber taking with the supervisor of the an atmosphere where the rules we play dren in the United States died with forests in that area, he said: Senator, by and have been directed by for so them. the thing we are worried about is fire, many years dealing with forests be Tomorrow is September 11, and de- because of the downdrafts and updrafts done away with. It wasn’t done in the portation proceedings could very well that occur every day. If a fire starts in settlement in South Dakota. We don’t begin, if the INS were to proceed this here, we will not be able to control it. expect it to be done here. way, for the grieving families of those We came very close this summer to It is my understanding we have a temporary workers. While those fami- having a fire burn into that basin. We number of amendments that have been lies watch the media coverage of the were very fortunate. Nature was kind cleared and that have been approved by anniversary—coverage that will no to us. It burned the other side toward both Senator BYRD and Senator CON- doubt extol the bravery and the sac- Carson City. That was extremely im- RAD. I suggest the absence of a quorum rifice of so many of their family mem- portant. so we can make sure that is the case. But what we want and what we hope bers—their presence in the United The PRESIDING OFFICER. The States will be in jeopardy. to be able to have at a subsequent time clerk will call the roll. These families were admitted to the is the Craig amendment and the The assistant legislative clerk pro- United States 100 percent lawfully. amendment we will offer here. We will ceeded to call the roll. They had all of their papers. They were debate those two amendments and, of Mr. REID. Mr. President, I ask unan- admitted because we invited them here course, recognize that because we have imous consent that the order for the to help drive our economy. They did the 60-vote threshold here in the Sen- quorum call be rescinded. ate, we have been jumping through all The PRESIDING OFFICER. Without not sneak across any border or over- of the hoops dealing with cloture. We objection, it is so ordered. stay their visas. They are lawfully would simply have the 60-vote thresh- Mr. REID. Mr. President, I apologize present in the United States because old on both. We are in the process of to my friend from New Jersey. I sat work visas were provided to their loved seeing if we can work something out in right by him for 6 years, and it was al- ones. They paid taxes and submitted that regard. That proposal was given to ways hard for people to see me. I apolo- all appropriate paperwork. They were active in our communities in New York me by the Senator from Idaho earlier gize. I thought Senator BURNS was the today. The staff is working to see if only Senator on the floor. and New Jersey and very productive they can come up with the unanimous Mr. CORZINE. I appreciate that. members of our society. Yet on the 1- consent agreement. The PRESIDING OFFICER. The Sen- year anniversary of the death of their What we want—and I will just lay out ator from New Jersey is recognized. loved ones, the INS could begin making the broad outlines of that—is to pro- Mr. CORZINE. Thank you, Mr. Presi- arrangements for their removal from tect Lake Tahoe. dent. this country. Fortunately, the INS said they are going to turn a blind eye. But What does that mean? We think 70 f percent of the money should be spent folks have to live with the risk that protecting urban areas—not 70 percent UNANIMOUS CONSENT REQUEST— this is a possibility. creating new places to cut down trees S. 2845 The challenges faced by these brave where there are no people. Lake Tahoe Mr. CORZINE. Mr. President, I appre- families were anticipated by those of is a perfect example of that. If we could ciate the distinguished Senator from us in Congress. In fact, the Patriot Act have the trees thinned and, in effect, Nevada giving me the opportunity to appropriately allowed them an addi- urban areas protected there for a quar- speak on an issue that I am really tional year to remain in the United ter to a half mile, then it wouldn’t quite sad about, in all honesty. This is States. But it is becoming quite clear matter what happened; we would be a human issue that I bring to the floor an additional year for families who able to protect those properties and today that I think is an oversight on have had to suffer so much is not ade- those people in that basin. The same the part of the Senate and actually all quate. This legislation is a response to applies around the rest of the country. of us in public life. the very real challenges of these fami- We have to protect these urban areas. I want to speak about families of lies. We are not asking that 100 percent of lawful noncitizens whose loved ones For example, many of these families the money be spent on these urban perished in the World Trade Center. are participating in September 11 sup- areas, but 70 percent. Now it is turned They are about to be put into a posi- port groups, groups that simply would

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8416 CONGRESSIONAL RECORD — SENATE September 10, 2002 not exist in the countries to which I continue to have serious concerns area of the Outer Continental Shelf that they may be returning. Many of them that if the facts of this issue were have been under review for an exceptionally are eligible for awards from the Vic- known broadly, they would not be re- long period of time, some going back over tims Compensation Fund, but, as you sisted. I personally sought out the as- thirty years, and have yet to be approved for development pursuant to the Outer Conti- know, many of the awards have not sistance of a number of folks who have nental Shelf Lands Act: been processed, or even begun to be typically objected to legislation deal- (2) The oil companies that hold these 36 processed in many instances. Much ing with immigration: Senator BYRD, leases have expressed an interest in retiring work remains to be done. Senator NICKLES, and particularly Sen- these leases in exchange for equitable com- Although they have been in mourn- ator HATCH, and they have been very pensation and are engaged in settlement ne- ing for nearly a year, many widows and helpful on this—and the Senator from gotiations with the Department of the Inte- children are waiting patiently for DNA Montana; excuse me. The distinguished rior regarding the retirement of these leases; analysis of the remains of their loved and Senator from Montana. I apologize. I (3) It would be a waste of taxpayer dollars ones. Without closure, the grieving am tied up in this sense of— to continue the process for approval or per- process has been prolonged consider- Mr. BURNS. I say to the Senator mitting of these 36 leases when both the les- ably. Because of this delay, many nec- from New Jersey, I have lived on both sees and the Department of the Interior have essary and unfamiliar financial mat- sides of the line. said they expect there will be an agreement ters have not been adequately ad- Mr. CORZINE. It is all a beautiful to retire these leases. dressed. There are homes that need to part of the country. (b) It is the sense of the Senate that no funds should be spent to approve any explo- be sold and other business affairs to be But I must say, of all of the issues settled before these folks should be re- ration, development, or production plan for, that get at human interests, I consider or application for a permit to drill on the 36 turning home. it extraordinarily unusual that we undeveloped leases while the lessees are dis- Also, there are children to consider, have chosen to put a group of people— cussing a potential retirement of these many of them in American schools, a limited group of people—at such risk. leases with the Department of the Interior. who have begun their lives. Many of I think this idea of having people be Mr. REID. Mr. President, the pending them are American citizens, the chil- able to secretly hold legislation is a amendment, which I have offered at dren themselves. In fact, I think some troubling one. I hope we can move on the request of Senator BOXER, is a of these children could potentially be with it. I think this is an important sense-of-the-Senate amendment re- separated from their parents as we go piece of legislation. garding southern California offshore oil forward with this whole process. So it I thank the Senator from Montana leases. The amendment notes that sev- is a real issue at a human level on the for his graciousness, and also the Sen- eral leases have not been developed and ground, where people are trying to ator from Nevada. I appreciate the op- that the leaseholders are negotiating work their way through this tragic se- portunity to speak on this important with the Government to retire those ries of events. issue. leases. During these negotiations, the While it is difficult to define the pre- f amendment urges that no funds be cise number of survivors who would be spent on development of the leases. eligible for relief under my legislation, DEPARTMENT OF THE INTERIOR The amendment has been agreed to it is safe to say it is under 200. I think AND RELATED AGENCIES APPRO- by Senator BURNS. it also reflects some problems in the PRIATIONS ACT, 2003—Continued The PRESIDING OFFICER. The Sen- INS. The books and records are not ex- The PRESIDING OFFICER. The Sen- ator from Montana is recognized. actly clear on how many folks there ator from Nevada. Mr. BURNS. Mr. President, I would are involved. We have identified, in my Mr. REID. Mr. President, I ask unan- normally object to any amendment office, about 80 of these people with imous consent that the time for work- that would withdraw any lands from whom we are working to try to provide ing on this bill be extended past the energy development or consideration. special attention to them. The thought hour of 12:30, until Senator BURNS and However, this one is just a little bit is, it would be close to 200. I can clear these amendments. different. This is already tied up in liti- Yet despite the fact that this legisla- The PRESIDING OFFICER. Without gation. I think anytime we shield land tion is sculpted very narrowly to ad- objection, it is so ordered. from energy exploration, we do not do dress only the most immediate human- this country a great favor, nor do we AMENDMENT NO. 4523 TO AMENDMENT NO. 4472 itarian considerations for this popu- help our situation in the Middle East. lation, and despite the fact that the Mr. REID. Mr. President, I send an So I think should it be in any other number of people included is a narrow amendment to the desk on behalf of form—there are litigation discussions 200 or fewer, each time I have at- Senator BOXER. now ongoing that could possibly expose tempted to get this legislation cleared, The PRESIDING OFFICER. Without this Government to a massive takings an objection has been raised. Gen- objection, the pending amendment is litigation. However, the way it is word- erally, it has been one individual who laid aside. The clerk will report. ed, it is only a sense of the Senate, and has used their ability to quietly veto Mr. REID. Yes. I failed to ask that. I I do not object. this legislation. appreciate that, Mr. President. The PRESIDING OFFICER. Without So at this time, with September 11 The assistant legislative clerk read objection, the amendment is agreed to. just 1 day away, Mr. President, I think as follows: The amendment (No. 4523) was agreed it is time to pass this legislation. I The Senator from Nevada [Mr. REID], for to. think it is important. I think it speaks Mrs. BOXER, proposes an amendment num- Mr. REID. I move to reconsider the to the nature and the quality of who we bered 4523. vote. are as a nation. Mr. REID. I ask unanimous consent Mr. BURNS. I move to lay that mo- Therefore, I ask unanimous consent reading of the amendment be dispensed tion on the table. that the Senate take up and pass S. with. The motion to lay on the table was 2845, legislation to extend for 1 year The PRESIDING OFFICER. Without agreed to. procedural relief provided under the objection, it is so ordered. The PRESIDING OFFICER. The Sen- USA Patriot Act for individuals who The amendment is as follows: ator from Montana. were or are victims or survivors of vic- AMENDMENT NO. 4524 TO AMENDMENT NO. 4472 (Purpose: To express the sense of the Senate tims of a terrorist attack on the regarding 36 undeveloped oil and gas leases Mr. BURNS. Mr. President, on behalf United States on September 11, 2001. in the Southern California planning area of of Senator BENNETT, I send an amend- The PRESIDING OFFICER. Is there the outer Continental Shelf) ment to the desk. objection? At the appropriate place, add the fol- The PRESIDING OFFICER. The Mr. BURNS. Objection. lowing: clerk will report. The PRESIDING OFFICER. There is SEC. . SOUTHERN CALIFORNIA OFFSHORE OIL The assistant legislative clerk read objection. LEASES. as follows: Mr. CORZINE. I appreciate the re- (a) Congress finds that— The Senator from Montana [Mr. BURNS], sponsibility of the Senator from Wyo- (1) There are 36 undeveloped oil leases on for Mr. BENNETT, proposes an amendment ming to carry out the objection. the land in the Southern California planning numbered 4524.

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8417 Mr. BURNS. Mr. President, I ask Congress has, with respect to units of the teach visitors about the park’s cultural unanimous consent reading of the National Park System, substantially in- resources. Most recently, a week-long amendment be dispensed with. creased the amount of funding available for program introducing local youth to the The PRESIDING OFFICER. Without operations, maintenance, and capital park was discontinued, and instead of objection, it is so ordered. projects. receiving a guided tour of the park as (b) SENSE OF THE SENATE.—It is the sense The amendment is as follows: of the Senate that Congress should— in the past, visitors are fortunate if (Purpose: To set aside forest legacy program (1) to the maximum extent practicable, there is a ranger available to hand funds for the Castle Rock Phase 2 project continue efforts to increase operational them a brochure upon entering the and Chalk Creek (Blonquist) project, Utah) funding for the National Park System; and park. On page 65, line 7, strike ‘‘Program,’’ and (2) seek to eliminate the deferred mainte- Earlier this year, Senator THOMPSON insert ‘‘Program (of which $2,000,000 is for nance backlog by fiscal year 2007. and I were joined by 26 of our col- the Castle Rock Phase 2 project, $1,600,000 is Mr. CLELAND. Mr. President, I leagues in requesting that the Senate for the Chalk Creek (Blonquist) project, and would like to thank Senator BYRD and Interior Appropriations bill include in- none is for the Range Creek #3 project, Senator BURNS, along with their staffs, creased funding for the National Park Utah),’’. for the hard work they have put into Service. While the Committee did not Mr. BURNS. Mr. President, the the Fiscal Year 2003 Interior Appro- increase funding as much as we had amendment reallocates funding propriations bill. I know that, with the hoped for, we are most appreciative for vided in the bill for Forest Legacy current budgetary constraints, it was the increase of nearly $100 million. projects in the State of Utah. The not easy task to craft a bill which Today, Senator THOMPSON and I have amendment is fully offset, and both would fund all of the agencies and pro- again worked together to introduce an sides have agreed to it. I urge its adop- grams which fall under this legislation. amendment expressing the Sense of the tion. The FY 2003 Interior Appropriations Senate that the National Park Service The PRESIDING OFFICER. Is there bill includes close to $.6 billion for the is of tremendous importance and value further debate on the amendment? National Park Service. This is an in- to the American people and that the Without objection, the amendment is crease of nearly $100 million above the Congress should significantly increase agreed to. FY 2002 funding level and I know it will operational funding and eliminate the The amendment (No. 4524) was agreed go a long way in helping the National deferred maintenance backlog by 2007. I to. Park Service meet their responsibil- thank Senator AKAKA and Senator Mr. BURNS. I move to reconsider the GRAHAM for their leadership on this vote. ities to maintain our National Park system. However, the National Park issue and appreciate their co-sponsor- Mr. REID. I move to lay that motion ship of this amendment. on the table. Service currently has an estimated $600 million annual shortfall in operations Mr. THOMPSON. Mr. President, as The motion to lay on the table was we debate the Interior Appropriations funding which has significantly con- agreed to. bill, I would like to take this oppor- tributed to a backlog of unmet needs, AMENDMENT NO. 4525 TO AMENDMENT NO. 4472 tunity to focus attention on under- threatening the natural, historic, and Mr. REID. Mr. President, I ask unan- investment in our national parks, an cultural treasures that the National imous consent that the pending amend- issue of particular importance to me Park Service was established to pro- ment be set aside, and I send an amend- and the millions of Americans who tect. ment to the desk on behalf of Senator visit our national parks each year. Ear- The National Park Service is charged CLELAND and Senator THOMPSON. lier this year I joined 27 of my col- with managing 83 million acres of land, The PRESIDING OFFICER. Without leagues in writing to Chairman BYRD 385 sites, habitat for 168 threatened or objection, the clerk will report. and Senator BURNS to request a $280 endangered species, more than 80 mil- The assistant legislative clerk read million increase above the fiscal year as follows: lion museum objects, 1.5 million ar- 2002 level for the National Park Serv- The Senator from Nevada [Mr. REID], for cheological sites, an 26,000 historic ice’s operating budget. While the bill Mr. CLELAND, for himself and Mr. THOMPSON, structures. Park Service employees do before us does not reach that goal, it is proposes an amendment numbered 4525. a remarkable job of preserving our her- a step in the right direction and pro- Mr. REID. Mr. President, I ask unan- itage and welcoming park visitors, vides almost $98 million more than last imous consent that reading of the nearly 300 million each year, however, year’s funding level. I thank Chairman it has become clear that if the Park amendment be dispensed with. BYRD and Senator BURNS for their lead- The PRESIDING OFFICER. Without Service is to continue the good work ership, and especially for their com- objection, it is so ordered. they do, the Congress must provide mitment to continue working to in- The amendment is as follows: substantial increase in funding so as to crease operational funding for the Na- (Purpose: To express the sense of the Senate alleviate the maintenance backlog tional Park Service and to eliminate concerning adequate funding for the Na- which is contributing to the physical the deferred maintenance backlog by tional Park Service) deterioration of our parks and cut- 2007. On page 64, between lines 15 and 16, insert backs in services provided. Our national parks are a precious re- the following: The Chichamauga and Chattanooga source that we have a responsibility to SEC. 1ll. SENSE OF THE SENATE CONCERNING National Military Park, located in ADEQUATE FUNDING FOR THE NA- protect. I have seen first hand the im- TIONAL PARK SERVICE. Georgia and Tennessee, has more than portant role that our national parks (a) FINDINGS.—Congress finds that— 1,400 monuments and plaques, most play in conserving our natural re- (1) the National Park Service is responsible erected during the 1890’s and early sources and shaping our national herit- for the preservation and management of the 1900’s to honor those who lost their age, and I have also witnessed the prob- natural and cultural resources of the Na- lives during the Civil War. Many of lems associated with a lack of re- tional Park System for the enjoyment, edu- these historic monuments have been sources for our parks. The Great cation, and inspiration of the present and fu- vandalized or otherwise damaged over Smoky Mountains National Park, lo- ture generations; the years and have not been repaired (2) the National Park Service is the care- cated in my home State of Tennessee, taker of some of the most valued natural, due to a lack of funding. Another Na- is the Nation’s most visited national cultural, and historical resources of the tional Park Service site in Georgia, the park, welcoming more visitors each United States; Ocmulgee National Monument, was es- year than the Grand Canyon and Yo- (3) the National Park System provides tablished to preserve the cultural rem- semite combined. Unfortunately, the countless opportunities for the citizens of nants of 12,000 years of human habi- Great Smoky Mountains National the United States to enjoy the benefits of tation in the Southeastern United Park, like so many other parks across the heritage of the United States; States. While Ocmulgee boasts the sec- the country, is struggling to cope with (4) the National Park Service is struggling ond-largest museum collection in the to accommodate an increasing number of an increasing number of visitors, a de- visitors while maintaining the National park system, there is no museum cura- teriorating infrastructure, and a gen- Park System; and tor on site to monitor the artifacts. eral lack of resources. While Congress (5) in an effort to support the purposes of Funding limitations have also im- has regularly increased funding to op- the National Park System, in recent years paired the Park Service’s efforts to erate and maintain the National Park

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8418 CONGRESSIONAL RECORD — SENATE September 10, 2002 System, we need to do more. The Fed- sands of tired, nerve-shaken, overciv- also responsible for, among other eral Government has a fundamental re- ilized people are beginning to find out things, the care of more than 80 million sponsibility to ensure that the Nation’s that going to the mountains is going museum artifacts that trace American 385 national parks are preserved for the home; that wildness is a necessity; and history. enjoyment of current and future gen- that mountain parks and reservations According to a report from the Con- erations. are useful not only as fountains of tim- gressional Research Service, the Na- Since 1980, park visitation has grown ber and irrigating rivers but as foun- tional Park Service estimated that its by more than 40 percent and Congress tains of life.’’ national maintenance backlog was $4.9 has added more than 60 new park units. John Muir’s thoughts still ring true. billion when it submitted its fiscal More visitors means more stress on Our national parks, be they mountains, year 2002 budget request to the Con- roads, campgrounds, and trails, and re- deserts, or rivers of grass, are critically gress. Let me say this again, $4.9 Bil- quires higher staffing levels to ensure important places for Americans to go lion. that visitors are kept safe and re- and escape the trials of civilized life. The Appropriations Committee has sources are protected. One might say Our Nation’s cultural and natural recognized this and recommended an our parks are being loved to death, and heritage are preserved in our parks. We increase of $97,990,000 above the fiscal Congress must make it a priority to have demonstrated our initial commit- year 2002 enacted level, and $500,000 provide the funding necessary to keep ment to preserving this heritage by above the budget request, and I’m glad pace with increasing needs. The threats setting aside these special places as na- the Committee included an additional facing the parks can no longer be ig- tional parks. We must now continue to $20,000,000 in to meet these needs. In- nored, and each year of delay only demonstrate our commitment to these cluded in that is a 2.9 percent increase compounds the problem. special places by providing a level of for base operations of National Parks The amendment I am offering with funding adequate to operate and main- in North Carolina. That is encouraging Senator CLELAND makes clear the Sen- tain them. but the Federal Government needs to ate’s commitment to meeting our re- Throughout the park system there catch up. sponsibility to our national parks. The are historic structures and buildings According to the figures supplied to amendment expresses the sense of the that require rehabilitation; there are me by the National Park Service the Senate that Congress should, to the utility systems that require repair or total amount for ‘‘deferred repair/reha- maximum extent practicable, continue replacement; there are roads that re- bilitation construction for the Na- efforts to increase operational funding quire paving. In addition there are tional Park Units in North Carolina is for the National Park System and to units that are woefully understaffed. $65,231,974. My friend from Georgia, Mr. eliminate the deferred maintenance Given our current fiscal constraints, CLELAND, and my friend from Ten- backlog by 2007. The President has we must be sure to invest each of our nessee, Mr. THOMPSON, have offered a promised to address the maintenance dollars in those places that will do the ‘‘sense of the Senate’’ resolution that backlog, and I commend his efforts. most good and make the biggest im- calls upon the Federal Government to The deterioration of our national parks pact in our parks. catch up on the hundreds of mainte- I also want to take this opportunity did not happen overnight, and a solu- nance and repair projects in our na- to acknowledge Senator AKAKA’s lead- tion is going to require a long-term tional parks which I support. commitment from both the adminis- ership on this and other issues of crit- Clearly, the Federal Government is tration and Congress. ical importance to the national parks. behind the eight ball on its fiduciary The national parks exist for the use Senator AKAKA is the Chairman of the duty to maintain and operate the Na- and enjoyment of all Americans and Subcommittee on National Parks and I tional Park System. teach us important lessons about our- have long enjoyed our work together to In my State of North Carolina there selves and the natural world in which improve our parks. are 9 sites within the State and three we live. At a crucial time in our Na- Like Senator AKAKA, I believe that other parks service units that we share tion’s history, Americans should able our national parks are worthy of our with other States, including the Great to visit our national parks and experi- investment—worthy of our commit- Smoky Mountains National Park we ence them as they were meant to be en- ment. I urge my colleagues to help pro- share with Tennessee, the Blue Ridge joyed. A neglected and underfunded Na- vide our parks with an adequate level Parkway that we share with Virginia tional Park System is not the legacy of funding. and the Appalachian National Scenic that I want to leave to our children Mr. HELMS. Mr. President, God Trail that we share with the states of and grandchildren. I am pleased that blessed this Nation with an abundance Maine, New Hampshire, Vermont, Mas- the Senate has recognized the impor- of natural resources and places of un- sachusetts, Connecticut, New York, tance of adequately funding our na- matched natural beauty. I am so glad New Jersey, Pennsylvania, Maryland, tional parks, and it is my hope that that as a Nation we have set aside por- West Virginia , Virginia, Tennessee and Congress will continue to provide in- tions of our land for the enjoyment of Georgia. There are a total of 416,620.1 creased funding in the years to come. the American people and have pre- acres of land that the National Park Mr. GRAHAM. Mr. President, I join served our heritage by the restoration Service manages for the federal gov- my colleagues, Senator CLELAND and and maintenance of dozens of historic ernment in North Carolina. Senator THOMPSON, in offering an sites around America. The Federal Government needs the amendment to the Interior Appropria- However over the course of my near- resources for proper management and tions bill that shows the Senate’s sup- ly thirty years in the Senate, I have catching up on the backlog of mainte- port for funding our national parks. seen the Federal Government fumble nance and construction projects on the I am cosponsoring this amendment year after year its stewardship over the Blue Ridge Parkway, Appalachian after hearing comments from park em- lands it holds as a fiduciary for the Trail, Cape Hatteras National Sea- ployees, park supporters, and park visi- American People. shore, Carl Sandburg Home and Na- tors about the importance of providing The Federal Government has contin- tional Historic Site, Fort Raleigh Na- adequate funds to maintain our na- ued to add acre after acre year after tional Historic Site, Great Smoky tion’s natural treasures during my year, when it has been demonstrated Mountains National Park, Guilford Third Annual National Parks Issues that it cannot maintain what it al- Courthouse National Military Park, Forum, held at Zion National Park in ready has. This has placed an enormous Moores Creek National Battlefield, and Utah. burden on the National Park Service the Wright Brothers National Memo- Tomorrow marks one year since the and other Federal agencies who man- rial. horrific terrorist attacks on our Na- age and hold in trust land for the These parks and historic sites are tion. Events such as these remind us of American people. among the most visited in the nation the importance of having places of ref- The Park Service is charged with and these units in North Carolina are uge were we can go to refresh and managing 385 sites which comprise 83 among the most beautiful, spectacular renew our spirits. John Muir wrote in million acres of land drawing 300 mil- and historically significant in the Na- his book Our National Parks, ‘‘Thou- lion visitors per year. The Service is tion. The first powered flight occurred

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8419 at the site of the Wright Brothers Me- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The morial on December 17, 1903. Next year objection, it is so ordered. clerk will report. America will gather at the Wright The amendment is as follows: Q02 The assistant legislative clerk read Brothers National Memorial to cele- (Purpose: To make a technical correction to as follows: brate the Centennial Anniversary of the conveyance of land to the city of Mes- The Senator from Nevada [Mr. REID] pro- flight and I am grateful to the Appro- quite, Nevada) poses an amendment numbered 4528. priations Committee for providing On page 64, between lines 15 and 16, insert Mr. REID. Mr. President, I ask unan- needed funding for this event. the following: imous consent that reading of the The Revolutionary War battle at the SEC. 1ll. CONVEYANCE OF LAND TO THE CITY amendment be dispensed with. site of the Guilford Courthouse Na- OF MESQUITE, NEVADA. The PRESIDING OFFICER. Without Section 3(f)(2)(B) of Public Law 99–548 (100 tional Military Park that was fought objection, it is so ordered. on March 15, 1781 is where General Na- Stat. 3061; 113 Stat. 1501A–168) is amended by striking ‘‘(iv) Sec. 8.’’ and inserting the fol- The amendment is as follows: thanael Greene and his army of 4,400 (Purpose: To set aside additional funds for patriots severely crippled Lord lowing: ‘‘(iv) Sec. 7. permitting of geothermal energy applica- Cornwallis’s professional troops of 1,900 ‘‘(v) Sec. 8.’’. tions, the processing of wind-energy rights- men. Lord Cornwallis lost a quarter of Mr. REID. Mr. President, this amend- of-way, and Bureau of Land Management his army and almost a third of his offi- realty and ownership management in the cers. ment relates to a community about 90 State of Nevada) miles outside Las Vegas on the Utah This was the largest and most hotly On page 2, line 14, strike ‘‘of which’’ and in- contested battle in the Revolutionary border. We have conveyed land to them sert ‘‘of which not more than $750,000 shall be War’s Southern Campaign and led to on a previous occasion. This is a tech- made available for permitting of geothermal the American victory and British sur- nical correction. It corrects a sub- energy applications and the processing of render at Yorktown seven months section number in Public Law 99–548. wind-energy rights-of-way in the State of later. This has the clearance of Senator Nevada and $750,000 shall be made available The beauty of the Great Smoky BURNS. for hiring additional personnel to perform Mountains National Park, Cape Hat- Mr. BURNS. I have no objection. realty work in the State of Nevada; of which’’. teras National Seashore, Appalachian The PRESIDING OFFICER. Without Trail and Blue Ridge Parkway are un- objection, the amendment is agreed to. Mr. REID. Mr. President, in Nevada, matched. The amendment (No. 4526) was agreed which is growing so rapidly, 87 percent Our National Parks are like the front to. of the land is owned by the Federal porch of America, they need to be Mr. REID. Mr. President, I move to Government. There are a number of swept and keep clean and well main- reconsider the vote. land applications dealing with all tained at all times because it is a re- Mr. BURNS. I move to lay that mo- kinds of activities in public lands, and flection of the America people. I do tion on the table. the BLM has not had money to process hope the Senate will pass this resolu- The motion to lay on the table was those applications. What they have tion and that the Federal Government agreed to. done, in an effort to try to speed things will do a better job in the months and AMENDMENT NO. 4527 TO AMENDMENT NO. 4472 up, is they have had people who are ac- years ahead managing and maintaining Mr. BURNS. Mr. President, I send an tually moving the land applications land in the National Park Service sys- amendment to the desk on behalf of come and help them in the offices. It tem for our children and grandchildren. Senator STEVENS of Alaska. just does not work good, even though it Mr. REID. Mr. President, this amend- The PRESIDING OFFICER. The may be right. Even though I hate to do ment, proposed by Senators CLELAND clerk will report. this, we have clarified the expenditure and THOMPSON, is a sense of the Senate The assistant legislative clerk read of funds so they will have more money amendment pertaining to funding for as follows: to hire BLM people to do this rather the National Park Service. While not- The Senator from Montana [Mr. BURNS], than look to the outside sector, which ing that Congress has substantially infor Mr. STEVENS, proposes an amendment is an obvious, apparent conflict of increased funding for the Park Service numbered 4527. terest. I should not say an obvious or over the past few years, the amend- Mr. BURNS. Mr. President, I ask apparent; I should say it appears to me ment urges Congress to continue that unanimous consent that reading of the it is a conflict of interest. effort and to try to eliminate the main- amendment be dispensed with. This amendment has been agreed to tenance backlog by fiscal year 2007. The PRESIDING OFFICER. Without by both sides. The amendment has been cleared by objection, it is so ordered. The PRESIDING OFFICER. Is there both sides. It is my understanding Sen- The amendment is as follows: further debate on the amendment? ator BURNS has agreed to the amend- At the appropriate place in the bill insert Without objection, the amendment is ment. agreed to. Mr. BURNS. Mr. President, there is the following: Section 401(e)(4)(B) of Public Law 105–83 is The amendment (No. 4528) was agreed no objection on this side. In fact, we amended after (Not more than) by striking to. support the amendment. ‘‘5 percent’’ and inserting ‘‘15 percent’’. Mr. REID. Mr. President, I move to The PRESIDING OFFICER. Without Mr. BURNS. Mr. President, this sim- reconsider the vote. objection, the amendment is agreed to. ply changes the administrative cost Mr. BURNS. I move to lay that mo- The amendment (No. 4525) was agreed cap for the Northern Pacific Research tion on the table. to. Board, an entity that was created by The motion to lay on the table was Mr. REID. Mr. President, I move to agreed to. reconsider the vote. Congress in the fiscal year 1998 Interior Mr. BURNS. I move to lay that mo- bill to conduct marine research. The AMENDMENT NO. 4529 TO AMENDMENT NO. 4472 tion on the table. amendment has been cleared by both Mr. BURNS. Mr. President, I send an The motion to lay on the table was sides. amendment to the desk on behalf of agreed to. The PRESIDING OFFICER. Without Senator CRAIG Thomas of Wyoming. AMENDMENT NO. 4526 TO AMENDMENT NO. 4472 objection, the amendment is agreed to. The PRESIDING OFFICER. The Mr. REID. Mr. President, I send an The amendment (No. 4527) was agreed clerk will report. amendment to the desk. to. The assistant legislative clerk read The PRESIDING OFFICER. The Mr. BURNS. Mr. President, I move to as follows: clerk will report. reconsider the vote. The Senator from Montana [Mr. BURNS], The assistant legislative clerk read Mr. REID. I move to lay that motion for Mr. THOMAS, proposes an amendment as follows: on the table. numbered 4529. The Senator from Nevada [Mr. REID] pro- The motion to lay on the table was Mr. BURNS. Mr. President, I ask poses an amendment numbered 4526. agreed to. unanimous consent that reading of the Mr. REID. Mr. President, I ask unan- AMENDMENT NO. 4528 TO AMENDMENT NO. 4472 amendment be dispensed with. imous consent that reading of the Mr. REID. Mr. President, I send an The PRESIDING OFFICER. Without amendment be dispensed with. amendment to the desk. objection, it is so ordered.

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8420 CONGRESSIONAL RECORD — SENATE September 10, 2002 The amendment is as follows: management, operational, perform- Thereupon, at 12:36 p.m., the Senate On page 21, line 24, Insert the following ance, and financial review of Yellow- recessed until 2:15 p.m. and reassem- after the semicolon: ‘‘of which $750,000 is to stone National Park. As I have already bled when called to order by the Pre- conduct an independent and comprehensive stated Yellowstone National Park has siding Officer (Mr. CLELAND). management, operational, performance, and a wide range of a natural and cultural f financial review of Yellowstone National resources, programs and visitor serv- Park;’’. ices and provides an optimal environ- HOMELAND SECURITY ACT OF Mr. BURNS. Mr. President, this ment in which to identify and make 2002—Resumed amendment earmarks funds for a com- recommendations for improved man- The PRESIDING OFFICER. The prehensive financial study of the oper- agement and operational practices that clerk will report the pending business. ations of the Yellowstone National can be proliferated throughout the Na- The assistant legislative clerk read Park. Given that this piece of Yellow- tional Park Service and transform as follows: stone Park lies in my own State of management to provide cost-effective, A bill (H.R. 5005) to establish the Depart- Montana, I am very familiar with the efficient and responsive programs. I ment of Homeland Security, and for other park and the issues that concern the know, the lessons that we will learn purposes. Senator from Wyoming. I support this from Yellowstone will have application Pending: amendment and understand it has been to the rest of the units within the Sys- Lieberman amendment No. 4471, in the na- cleared on both sides. tem. I would suggest that the eventual Basically what this amendment does, ture of a substitute. cost savings, redirection of expendi- Thompson/Warner amendment No. 4513 (to it gives a little extra money to look tures, and cost efficiencies will more amendment No. 4471), to strike title II, es- into the books and the financial situa- than pay for the cost of this study. tablishing the National Office for Combating tion at the park. We have heard some We all are aware that there is a back- Terrorism, and title III, developing the Na- disparaging stories. The way we take log of maintenance, and Congress has tional Strategy for Combating Terrorism care of those, as the saying goes, is to attempted to address the situation. and Homeland Security Response for detec- look into it. It is going to take a little But, I have to say that throwing money tion, prevention, protection, response, and recovery to counter terrorist threats. money to do that. at the problem does not guarantee that Mr. THOMAS. Mr. President, re- there will not be a deferred mainte- Mr. FEINGOLD. Mr. President, I cently ABC ran a series of stories nance backlog ten years from now. Un- commend the chairman of the Govern- about the National Park Service and fortunately, we have never systemati- mental Affairs Committee, Senator discussed the $4.9 billion backlog of de- cally evaluated the management pro- LIEBERMAN, for recognizing early on ferred maintenance nationwide in our grams that contributed to the backlog that a major government reorganiza- National Park System. One segment in the first place. tion should be considered in light of mentioned that some operations and I believe this is a compelling need to the tragic events of September 11th park programs may need to be cur- establish new and better modern busi- and for his leadership in putting to- tailed or discontinued as a result of ness practices within the National gether a basic structure for a new De- budget shortfalls at Yellowstone Na- Park Service. With the passage of this partment of Homeland Security. I also tional Park. amendment we can take advantage of praise President Bush for supporting To be absolutely fair, over the past the expertise that the private business the existing congressional effort to ele- few years both Senator BYRD and Sen- sector has to offer so that we can redi- vate the authority and the status of ator BURNS have been very generous to rect funds to address the backlog where the Office of Homeland Security to a the National Park Service and to Yel- we can, and more importantly, ensure Cabinet level position that will be re- lowstone in particular. that measures are taken to prevent a sponsive to the needs of the American Yellowstone is the world’s first na- re-occurrence of programs and policies people. tional park, created in 1872, and one of which led to the backlog we face today. As we approach the anniversary of the biggest. It stretches across vol- I believe we can achieve these goals September 11th, Congress has been dili- canic plateaus in northwest Wyoming while maintaining important park pro- gently working to insure that America and into southern Montana and Idaho, gram and operations. has a Department of Homeland Secu- and contains more than 2 million acres I urge my colleagues to support this rity that can be responsive to the chal- of geysers, lakes, waterfalls, forests, amendment. lenges of the post September 11th bison, bears, and tourists. But more The PRESIDING OFFICER. Is there world. The Senate has spent the past than that, Yellowstone is very rich in further debate on the amendment? few months exploring the bureaucratic cultural, historical and natural re- Without objection, the amendment is obstacles that limited our capacity to sources, and in fact, represents—in one agreed to. identify and prevent the terrorist at- part—the multiple facets of park oper- The amendment (No. 4529) was agreed tacks of September 11th. We have con- ations and programs found in the indi- to. sidered in hearings whether the steps vidual 285 units of the System. Mr. BURNS. Mr. President, I move to that have been taken to advance our My amendment would use Yellow- reconsider the vote. country’s safety and security since stone as a demonstration project for Mr. REID. I move to lay that motion September 11 have been effective, and business transformation. The National on the table. whether they adequately protect our The motion to lay on the table was Park Service depends upon several most fundamental civil liberties. agreed to. sources of revenue to sustain oper- The Congress has always responded Mr. REID. Mr. President, we have ations and modernize facilities, includ- to the challenge to protect this nation nothing further to bring before the ing but not limited to, appropriations, against any and all threats, including Senate at this time. fee income and revenue from conces- Mr. BURNS. Mr. President, I see no terrorism. I am committed to ensuring sioners, lease holders and permittees. one else seeking recognition. I would that as we build this new agency, we do These funding sources need to be man- suggest we recess the Senate for the so in manner that guarantees that aged in the most cost-effective and effi- party caucuses. basic fundamental rights are not lost cient manner possible to ensure im- Mr. REID. There is already an order or forgotten in a rush to be seen as provement of services to the park vis- in effect. doing something. itor and for the protection of natural Mr. BURNS. I move we recess under As the Senate moves forward in con- and cultural resources. Toward this the previous order. sidering this new government struc- end, I believe that improved state-of- f ture, I have been guided by two simple the-art business practices need to be questions: Will this reorganization established in the National Park Serv- RECESS make all of us safer? And will it pre- ice. The PRESIDING OFFICER. Under serve our liberties as Americans? That This amendment would require the the previous order, the hour of 12:30 inquiry should continue to guide our Secretary of the Interior to contract p.m. having arrived, the Senate stands consideration for a Department of for an independent and comprehensive in recess until the hour of 2:15 p.m. Homeland Security.

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8421 So as we move forward toward estab- We must remember that not every and visitors who seek to enter our Na- lishing a Department of Homeland Se- law enforcement purpose makes sense. tion for lawful purposes. curity, it is important for all of us to The administration’s proposal to cre- The Lieberman substitute would examine and discuss both the strengths ate the TIPS program appears to be a wisely keep the service and enforce- and weaknesses of the pending pro- way to begin domestic Government ment functions of INS together in one posal. surveillance in our communities with a Department; elevate the INS to a sepa- All of us know that local law enforce- motto not of ‘‘love thy neighbor’’ but rate division within the new Depart- ment stands at the front line for secu- ‘‘spy on thy neighbor.’’ I am concerned ment; keep visa approval authority rity in our neighborhoods and commu- that if some trained police officers within the Department of State; main- nities. The new Department should be have a difficulty distinguishing be- tain the adjudication authority for im- organized in a manner that helps and tween the proper and improper use of migration matters within the Depart- doesn’t hinder local law enforcement. race in law enforcement activities, we ment of Justice; and include a civil The Department of Homeland Security are asking for real trouble if we ask rights monitoring and oversight provi- needs to insure that federal, state and untrained and fearful ‘‘citizen’’ volun- sion for the important purpose of hold- local law enforcement work together teers to report on their neighbors. ing INS enforcement functions ac- with the necessary information, tools Workers in the Department of Home- countable. and resources that are required to land Security who will have the awe- I commend Senator LIEBERMAN for adapt and respond to the evolving chal- some responsibility of protecting us including the ideas of Senators KEN- lenges our first responders are facing. should have the basic job protection I am pleased that my bill, the First NEDY and BROWNBACK, the distin- their fellow Federal workers are grant- Responder Support Act, is part of the guished chairman and ranking mem- ed. No one, including the President, present proposal we are now discussing. ber, respectively, of the Judiciary has shown how simple and basic job se- I certainly want to thank my colleague Committee Subcommittee on Immigra- curity will jeopardize our national se- from Maine, Senator COLLINS, for her tion. These Senators came together to curity. I believe we can protect our work in making our responsibility to create a bipartisan INS reorganization country at the same time that we pro- first responders a priority in this bill. plan. Immigrant advocates have long The First Responder Support Act will tect our workers. In fact, we can better believed that in order to be effective help first responders get the informa- protect our country if our workers’ and efficient, INS requires a strong tion and training they need from the rights are well-protected, too. leader with authority to coordinate I am concerned that the administra- Department of Homeland Security. I and balance the complementary function appears ready to use the creation am also introducing the First Re- tions of services and enforcement. The of a new Department of Homeland Se- sponder Communication Support Act Lieberman substitute does just that. curity as an opportunity to eliminate to help communities who need commu- While we seek to secure our Nation, we or weaken the civil service protections nication systems to enable police, fire, cannot ignore the importance of the currently in place for the Federal em- EMS, and relief agencies to speak to flow of immigrants and visitors to our ployees who would be transferred to one another in a time of crisis without Nation. They provide the nutrients of the new Department. The civil service overwhelming existing communication new ideas, labor, and money that grows system was put into place in order to lines. Whether people face an act of our economy and our Nation. I urge my end the corrupt patronage system that terrorism or a tornado, in a time of colleagues to support the carefully had permeated Government hiring. The emergency our first responders need to crafted immigration provisions con- creation of a new Department should be able to communicate with one an- tained in the Lieberman substitute. other. not be used as an excuse to roll back these protections. I am especially pleased that the Lie- I am also concerned about our efforts berman substitute contains an impor- to protect the public from the use of In addition, I support the right of Federal workers to join a union and am tant provision to ensure that the new weapons of mass destruction. The Department complies with the Nation’s emerging chemical and biological troubled that the administration wants to strip existing union representation civil rights and privacy laws. As I have weapons of the 21st century present said, I believe that our consideration of new challenges to our military and to and collective bargaining rights from this legislation should be guided by local first responders. The Weapons of many of these workers. I also am trou- two principles: will this proposed re-or- Mass Destruction Civil Support Teams bled by the implication that union ganization make our country safer, and play a vital role in assisting local first membership is somehow a threat to our can we do so while respecting funda- responders in investigating and com- national security. mental constitutional rights and pro- bating these new threats. The Sep- In light of September 11, there has tections? Many Federal agencies have tember 11 terrorist attacks emphasize been a tremendous amount of discus- designated offices and personnel to the need to have full-time teams in sion about the FBI’s ability to effec- monitor agency policies and practices each State. tively gather intelligence information. I have filed an amendment that It has become clear that federal intel- to ensure that they comply with the would require the Secretary of Defense ligence gathering agencies, such as the Nation’s civil rights laws. This new De- to establish at least one Weapons of FBI, need to do better in collecting, or- partment of Homeland Security, with Mass Destruction Civil Support Team ganizing and presenting basic informa- its unprecedented array of law enforce- in each State by September 30, 2003. tion about domestic terrorism. I be- ment powers, should be no different. The cost of establishing, training, lieve that important first steps have It is absolutely critical that the new equipping, and operating these new been taken. In our desire to move agen- Department include civil rights and teams would be paid for from existing cies under one roof, however, we should privacy monitoring and oversight func- fiscal year 2003 Department of Defense not be afraid to ask if the move will actions. I support the Lieberman sub- resources, thus requiring no additional tually improve intelligence gathering stitute’s requirement of a civil rights spending while providing a critical or simply confuse us. officer and privacy officer. The civil level of protection. As we rethink the I also want to take a moment to lend rights officer would be Senate-con- security needs of our country, we my support to the immigration provi- firmed and would have responsibility should support the creation of an addi- sions in the Lieberman substitute. to oversee and review Department poli- tional 23 full-time Weapons of Mass De- There has been considerable debate in cies to ensure that they do not violate struction Civil Support Teams. Estab- recent years, and especially since Sep- the Nation’s civil rights laws. The civil lishing these additional full-time tember 11, on how best to re-organize rights officer would refer matters that teams will improve the overall capac- the Immigration and Naturalization warrant further investigation to the ity and capability to prepare for and Service, so that we can protect our Na- new Department’s inspector general. respond to potential threats in the fu- tion from those who would seek to The Lieberman substitute would re- ture. I look forward to working with enter the U.S. to do harm, while we ef- quire the inspector general to des- Chairman LEVIN and Chairman LIEBER- fectively and efficiently address the ignate an official to receive and review MAN on this effort. needs of businesses, families, students, complaints alleging civil rights abuses

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8422 CONGRESSIONAL RECORD — SENATE September 10, 2002 and submit reports on a semi-annual ter and stronger plan for a Department killing me, open the door. In my opin- basis to Congress that detail any civil of Homeland Security will emerge. ion, once that door is cracked open, the rights abuses by employees and offi- Mr. HOLLINGS. Mr. President, the pilot with the pistol might get off a cials of the Department. Like the civil disturbing thing to this particular Sen- shot or two. But as we saw on 9/11, rights officer, the privacy officer would ator—incidently, Senators are always there are now teams of suicide terror- have responsibility to oversee and re- disturbed—but in all candor, the best ists, five-member teams willing to sac- view Department policies to ensure way to recognize 9/11 of last year is to rifice one, two, or three people. The that they do not violate the Nation’s make certain that a 9/11 does not occur pilot might be able to kill three of privacy laws. again and that we correct the intel- them, but the other highjackers would I was pleased to join Senator KEN- ligence failure that brought about 9/11. still be coming into that cockpit. They NEDY in urging that these civil rights With respect to actually assuring us would take over that plane once that and privacy oversight provisions be in- that a 9/11 would never occur again, we door is cracked, with pistols, machine cluded in the bill. I thank Senator KEN- had that debate last Thursday relative guns, whatever else they have up there. NEDY for his leadership on this issue. I to securing the cockpit of airplanes. So it has to be categorical and clear- also want to thank Senator LIEBERMAN We are depending on the White House ly understood. People have criticized for his recognition of the importance of to weigh in now with their particular me for saying this, but as I come into these accountability provisions and his view. In my view, once that cockpit Reagan National Airport and see the willingness to work with us. These pro- door is secured, never to be opened in sign, ‘‘Welcome to Reagan National, visions are an important step toward flight, a 9/11 could never happen again. Washington, DC,’’ I would rather have ensuring that the policies and practices I speak advisedly. In the month of a reflective sign saying, in Arabic: of the new Department will be con- September of last year, I had the privi- ‘‘Try to hijack, go to jail.’’ sistent with the rights and protections lege of meeting with the chief pilot of People will say: Why are you saying guaranteed by our Constitution. I look El Al, the Israeli airline. That is the that in Arabic? I use Arabic numerals forward to continuing to work with one airline in the world—particularly, regularly. I invaded Morocco, Algeria, Senator LIEBERMAN to ensure that the of course, in the Mideast, where you and Tunisia. Incidentally, I have the new Department includes appropriate have suicidal terrorists—that would be highest esteem for the country of Tuni- and effective civil rights and privacy subject to a hijacking and people tak- sia because I traveled there not too oversight provisions. ing over the plane and running it into long ago, and they have some 65 per- Finally, notwithstanding our desire a building. cent literacy and 80 percent home own- to move rapidly to address the Nation’s They determined years ago the only ership. And the Foreign Minister told safety, I believe we still have to ask way to prevent a hijacking was to not me, when I asked: How in the world did ourselves if the cost of the Department give responsibility to the pilots for law you ever do this? He said: The secret is is reasonable. I do have budget con- and order on the flight itself—namely, to let the women vote. cerns with regard to the creation of a pistol and so forth to overpower any He said: As soon as we allowed this new Department. Safety for all kind of attempted hijacking. Instead, women to vote in Tunisia, they wanted Americans isn’t inexpensive, but I they wanted the pilots to assume the better schools for the children. They don’t want this new Department to un- responsibility that the plane would wanted nice homes for their families. necessarily aggravate our budget prob- never go into a building or never be hi- In World War II, I was one of the first lems. jacked or taken to another country. in the African campaign with Colonel When the President first announced Over the last 30 years they have Anderson and the 178th Field Artillery. his proposal for the creation of a De- shown this is the right rule: Once the I wasn’t in the frontline unit. I am not partment of Homeland Security, he in- door has been secured, it has never trying to fudge on his bravery. But we dicated that the reorganization of the opened in flight. went into Tunisia. Now you can go into existing agencies would not increase I can hear the chief pilot of El Al. He the city of Tunis itself and what was costs and in fact should actually real- said: Senator, I can tell you here and the Dust Bowl during the war, looks ize savings. now, if they are assaulting my wife in like a golf course. They have turned That promise of net savings stands in the cabin, I do not open that door. I go the country around. contrast to the analysis of the proposal straight to the ground, and law en- But the fact is, it was Muslim ex- by the Congressional Budget Office, forcement meets me. And whoever is tremists who overtook the barracks in which estimates that the new Depart- causing the trouble is off to jail. Lebanon, and who blew up barracks in ment as proposed by this bill will add As a result, they have not had a hi- Saudi Arabia. They blew up our Em- about $11 billion in new costs over the jacking in 30 years. Yes, they have at- bassy in Dar es Salaam in Tanzania. next 5 years on top of the projected net tacked the ticket counter of El Al in They blew up our Embassy in Nairobi, spending for the ongoing activities of Los Angeles. But terrorists don’t even Kenya. They blew up the USS Cole. Al- the transferred agencies. And that $11 hardly make an attempt to hijack an most nine years ago they tried to blow billion in new costs does not include El Al plane because they know that, up the World Trade Centers. All of the cost of developing the integrated yes, they could cause trouble with the those were Islamic teams that came information and communications sys- passengers but not with the crew, not and caused the blowing up. tems authorized by the bill—systems with the plane itself. There is no way So I am justified in saying this. I with a price tag CBO states could ex- to take it over. want those who are blowing us up to ceed $1 billion. Let me embellish on that thought be- understand: try to hijack and go to I am told that when the Education cause we had a debate with respect to jail. Department and the Energy Depart- arming pilots with pistols. Many pilots As I relate all these particular inci- ment were created, they both exceeded wanted Congress to allow pistols in the dents, I come right to the point of my their initial budgets by at least 10 per- cockpit. The House has passed that, amendment in the second degree to cent, and I don’t want that to be the and the Senate on last Thursday voted Senator THOMPSON. I was working, and case with this new Department of for that overwhelmingly. my staff was working with Senator Homeland Security. What should be understood is, you THOMPSON’s staff, to see if it was ac- We need an effective, responsive and have to remove the responsibility from ceptable to him. He is not with us this efficient Department of Homeland Se- that pilot. In other words, let’s assume afternoon, but we will be glad to talk curity. I believe we can do this in a you have that pistol on the pilots as to him tomorrow and on Thursday be- manner that protects the citizens who they walk to and fro; that is another cause he and I have the same intent. I will depend on the Department and is danger. And as they get in trans- think we have to fix the responsibility. fair to the employees who will be in the atlantic flights, that is another forbid- There is none better in the history of agency. In the coming weeks, I look den practice—those kinds of things the United States of America than old forward to the debate on the shape and need to be considered. But more par- Harry Truman. He said: The buck stops size of the Department with the belief ticularly, if a flight attendant is crying here. He put that little sign on his that at the end of our discussion a bet- out: They are choking me, they are desk.

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8423 That has been the trouble. I don’t a 9/11, because the very things that and working. He has the airports, the fault President Bush. He didn’t know went wrong on 9/11 would go wrong authority, Republicans and Demo- anything before 9/11. He was not prop- again. The very Departments that crats—everybody pulling together. He erly informed. And having not been failed, starting with the CIA is not in- solved the biggest problem we have had properly informed, he could do nothing cluded in the new Department. The with respect to airline security. But he to have prevented it. So it is not my Central Intelligence Agency knew has the seaport security, the rail secu- role this afternoon, on the floor of the about all of these things I have related. rity, and Amtrak—the rail stations, Senate, to find fault with the President An article in this week’s Newsweek the tunnels, and everything else of that himself. says that they knew they had persons kind; they are all in one Department. But I think we have to fix that re- who roomed with the suicidal terror- We haven’t been waiting. sponsibility for national security with ists of 9/11 who commandeered the If you had just the homeland security him. In 1947, and later, as a Presi- planes themselves. We know of at- bill and it had an up-or-down vote this dential directive, and then later in tempts made to run a plane into the minute, without any amendments, I statutory language, the National Secu- Eiffel Tower. would have to vote against it. I don’t rity Council was instituted. It says: We know from the Philippines inci- want to mislead my constituents and ‘‘the function of the Council shall be to dent that the CIA knew they had say that I have voted for homeland se- advise the President with respect to planned to run a plane into the CIA curity, because I know with that bill I the integration of domestic, foreign, building. You can go down the litany— have not voted for homeland security; I and military policies relating to the all of this was known before 9/11. The haven’t done anything about the intel- national security so as to enable the CIA didn’t even correlate it, didn’t pay ligence failures of 9/11 of last year. military services and the other depart- attention to it, and certainly didn’t So, Mr. President, that is the at- ments and agencies of the Government pass it on and give it in the briefings to tempt of my particular amendment—to to cooperate more effectively in mat- the National Security Council. I can get the National Security Council ters involving the national security.’’ hear Condoleezza Rice, the Director of beefed up. By beefing up, I mean the The problem is the make-up of the the National Security Council, saying, President did put out an order in Feb- National Security Council. On it are ‘‘We never got anything specific.’’ ruary after he took office last year. the Vice President, Secretary of State, I want to be sure they get something You ought to see that particular order. and the Secretary of Defense. It has specific. The Department of Homeland It has included in various forms of the been in bed some with the Secretary of Security bill, now being debated on the Council, the Overseas Private Invest- Treasury. But there are some others, floor of the Senate, could pass and you ment Corporation, the Peace Corps, like the Attorney General who should would not have any of the Departments and everybody else. It was so inclusive be included. The Attorney General has included that failed on last September as to really confuse rather than fix a oversight of the Drug Enforcement Ad- 11. responsibility, that the buck stops ministration, and we know that ter- The CIA failed. The FBI had reports here. rorism is financed by drugs. He has the from the field that something is wrong. I want to make it absolutely certain Border Patrol and the Immigration The field teams said people were com- that this particular National Security Service under him. He has all of these ing in and getting flight training, and Council needs to be beefed up, irrespec- entities. He would be the chief Cabinet we ought to be looking into it. It didn’t tive of whether we pass a Department officer as of this minute for security, get past the second level. You have of Homeland Security, irrespective of unless you get that Secretary of Home- Coleen Rowley, from Minneapolis, say- whether they put an Office of Home- land Security. But it still is going to be ing in her memo that they could be fly- land Security in the White House, as is his professional teams that ensure se- ing a plane into the World Trade Tow- presently constituted with Governor curity and provide the domestic intel- ers. We knew the World Trade Towers Ridge, or whether they call it a bu- ligence that the Council needs. were vulnerable. They had already at- reau—and I certainly would go along So that homeland security intel- tacked them in 1993. Here was a memo with Senator THOMPSON with respect to ligence, wherever you have it—if you again that they didn’t pay any atten- the matter of confirmation. I know if I have it at a Bureau or an office of tion to. She came all the way to Wash- were President, I would not want my homeland security in the White House, ington and talked to the folks in the staff subject to the confirmation and to or a Department of Homeland Security FBI. Nothing was done. We know, of have to respond to the Congress. You with a particular assimilating and ana- course, the National Security Agency elected me the President, you have lytical role of intelligence, or as a de- had something that said ‘‘Tomorrow is given me the responsibility, and the partment in Congress itself—wherever zero hour.’’ That was in Arabic. buck stops here. My Chief of Staff, you have it, you still are going to have People tell me that I will hurt some- head of my Security Council, and ev- to take whatever analysis, whatever body’s feelings if I put up a sign in Ara- erything else like that, are my choice, finding, and fuse it at the National Se- bic that reads: try to hijack and go to and I have my team, and I don’t have curity Council level. jail. They say that is typecasting, to worry about the politics over in the If you were President of the United profiling. Well, I mean to profile. I legislative branch as to confirmation States, or I were President of the want it understood. That is exactly and being responsible to subpoenas United States, I would only have one what occurred—in Arabic, ‘‘Tomorrow coming over. We cannot subpoena the particular briefing, one report on my is zero hour.’’ They got that on Sep- Director of the National Security desk. Every hour the President gets tember 10 of last year, but they didn’t Council. We should not be able to just them now with respect to political in- translate it at the National Security subpoena willy-nilly. They can say we telligence. He knows what the polls Agency until September 12—after the just have to plead executive privilege. show in Nebraska and what the trends tragedy. Be that as it may, I think the distin- are in South Carolina. He has political Here we have everyone running up guished Senator from Tennessee is off polls on November given to him every and down saying we are going to make on the right track. He wants to make hour just about. So they are constantly sure 9/11 never happens again. Not with sure we don’t have all this bureauc- taking that. this bill. You might tinker around with racy; in other words, if you are going I want intelligence polls taken and what we already have on course. to have a Department collecting intel- reported to the President of the United Incidentally, of the 170,000 proposed ligence, you have the CIA collecting in- States and fused at the National Secu- staff for this Department, we already telligence, you have the National Secu- rity Council. The National Security have 110,000 of them together in one rity Council collecting intelligence, Council has that responsibility. The Department—the Transportation De- and you have got domestic intelligence particular Department of Homeland partment. We had a hearing this morn- collected by the FBI. Security does not amend that par- ing with Admiral Loy of the Transpor- You have the office in the White ticular statute. In fact, we could pass a tation Security Administration. It is a House trying to correlate and work Department of Homeland Security in blessing we have him, because he with it, but even that correlation has the next 10 minutes and you could have knows what he is doing. He is moving to be fused with international threats,

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8424 CONGRESSIONAL RECORD — SENATE September 10, 2002 with foreign policy. There is only one CIA, the CID, the Army, Navy, air in- So this particular Senator has been place, and that is the National Secu- telligence, Secret Service, Q clearance, working in that field. Namely, we rity Council, as the Congress has al- and the Atomic Energy Commission, passed 100 to 0, all Republicans and all ready determined and as determined by and all the rest of the intelligence divi- Democrats, airport security. We got to- none other than President Truman sions. gether and we reported out of the Com- himself back in 1947, ‘‘The buck stops I have a slight background in intel- merce Committee, and it passed the here.’’ I do not want to have another ligence. There is a lack of coordina- Senate 100 to 0, all Republicans and all buck stop in an office here and a de- tion. In addition to having the buck Democrats, seaport security. It is hung partment here and another agency stop here, you have to have that co- up over in the House with respect to there and a CIA agent and a defense in- ordination, and only the President of the conference. I have at the desk rail telligence agent over here. We have in- the United States can get that coordi- security in an Amtrak bill by a vote of, telligence coming out of our ears. The nation. He has to get those involved on I think it was, 20 to 3 out of the com- reason this is not understood is we do the Council. I have talked to Director mittee. So I have been working in this not have an independent Presidential Mueller of the FBI because I oversee field. I sat down last fall with the new commission investigating 9/11. his appropriation. He says he has got- Director of the FBI, Bob Mueller. We I was moved the other evening when ten CIA fellows over there. But then I gave him $750 million. We said: we heard former Vice President Mon- hear reports that they are not always Straighten out your computers, get dale emphasize the need for that par- exchanging the information. those all working, reorganize your de- ticular initiative. I joined in that some That information exchange and get- partment, institute domestic intel- months back, and I did so advisedly. ting it all to the one Commander in ligence. The reason I do it is when you have the Chief to make a decision as to whether We never wanted to do that. We shied House and the Senate investigate intel- or not we have intelligence, for exam- away from domestic intelligence. With ligence, you have a political split. It is ple, with respect to a need to invade the McCarthy days and the witch 50 Republican and 50 Democratic. Hav- Iraq, that has to be centralized, not at hunts, the un-American activities and ing served for 8 years on the Intel- the Department of Homeland Security, all, we do not want to go down that ligence Committee I can tell you that not at an Office of Homeland Security, road. But the terrorism war requires an we had categorical sworn testimony to but fused at the level of the National intelligence effort at the domestic a certain effect, that was known by the Security Council, reporting directly to level. Fine, you can have a Depart- White House, and we had it on two oc- the President of the United States. ment—we have it going right now, to casions to verify it, but we never could I have included in this amendment, tell the truth, and we are trying to re- make that public because of 50 percent in an advisory capacity to the Council, organize it under a new Secretary. being Republican. They just did not the Director of the FBI—as is the Di- According to GAO, it is going to take want it to surface because it was crit- rector of the Central Intelligence 5 to 6 years to get it organized right, so ical. Agency. He is also in an advisory ca- we are going to have to depend on what Incidentally, that same Intelligence pacity. But that one summary intel- we have. Committee staff is not subject to a ligence report that is put on the Presi- I have been working in that par- polygraph. I want to emphasize that dent’s desk early every morning has to ticular field and just got through with for the simple reason that one cannot have the fused intelligence of domestic a hearing this morning with the new get a job with the Secret Service unless as well as foreign intelligence. Administrator of the Transportation they are polygraphed. They cannot get There is this idea now that we can Security Administration in the Depart- a job with the Central Intelligence beef up and fix that responsibility. I ment of Transportation, and I think we Agency unless they are polygraphed. am very much concerned, as I have are on course. But we are behind the They cannot get a job with the FBI un- tried to point out with respect to this curve with respect to seaport security. less they are polygraphed. More par- particular amendment—I am in step We are behind the curve with respect ticularly, they cannot get a job out with the distinguished Senator from to rail security, with respect to actual there as a Capitol policeman unless Tennessee. He is trying to avoid fur- intelligence security and correlating they take a lie detector test. ther bureaucracy and further politics it. This bill absolutely leaves out all of I was told that certain information with respect to confirmation. You the failures of last year, 9/11, and in- was not revealed to me by the CIA, as never have the Director of the National cludes therein all of the good operative a member of the committee, because Security Council confirmed or the entities; namely, that there was noth- my staff—not my personal staff but the chief of staff. The Presiding Officer of ing wrong with the Coast Guard that staff of the Senate Intelligence Com- the Senate or this particular Senator would be included in the new Depart- mittee—had not had the proper clear- would never have our chief of staff or ment, there was nothing wrong with ance. administrative AA assistant confirmed FEMA or the agriculture office that I will never forget I had a constituent by the Senate. That is just more bu- would be included in the new Depart- who was arrested in another country, reaucracy. I agree with Senator ment. and I was trying to get him out of that THOMPSON on that. But it still does not As they said in the Navy during arrest. I had to struggle to do it. The fix that responsibility of the buck stop- World War II: When in danger, when in country involved said he was an agent ping there and that has to be at the Na- doubt, run in circles, scream and shout. of the CIA or had gotten briefings from tional Security Council level with the We are running around here. We have the CIA. They categorically denied it. President of the United States, and no- a Department going, and it is supposed It was a year and a half to 2 years where else. There has to be one place in to govern. I voted for homeland secu- later, I went into one country and case we ever have anything that is rity. You did not. This bill could pass talked with the station agent. He said: even like 9/11, instead of people running in the next 10 minutes and it would not Oh, Senator, you are from South Caro- around finger pointing, saying: This correct the failings of September 11. lina. Department said, no, but the CIA did My amendment to the Thompson I said: I certainly am. How is that? not do it, but the FBI, well, the Na- amendment would fix that responsi- He said: Well, I debriefed so and so. tional Security Agency guy, no, we did bility at the National Security Coun- He was one of the best we ever had. not find out from defense intelligence. cil, so the buck would stop there. The That is how I found out about the lie They knew. They should have told. President of the United States would saying that they never knew anything We have intelligence, tens of billions of have to know what is going on. If he about him. dollars according to what I read in the could not find out, this President I served on the Hoover Commission newspapers. We have all kinds of enti- would get rid of him. in 1954 under GEN Mark Clark and ties running around with intelligence. I yield the floor. President Herbert Hoover investigating Here we are going around and saying The PRESIDING OFFICER. The Sen- the intelligence activities of the we are going to avoid a 9/11 by the in- ator from Connecticut. United States of America. It was the stitution of a Department of Homeland Mr. DODD. Mr. President, I listened Joe McCarthy days. We went into the Security. very carefully to the comments of my

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8425 friend and colleague from South Caro- managing care, insurers can move toward has been a huge disappointment to me. lina. Once again he makes a great deal equal treatment without crippling cost in- I hope the White House will become of sense. I look forward to being sup- creases. The Congressional Budget Office has fully engaged. It is not too late. portive of his effort. estimated that enacting the parity bill now The President went on record as say- pending in Congress would add just less than ing: I want to see this legislation My colleague from Connecticut, Sen- one percent to the overall national cost of ator LIEBERMAN, is doing a remarkably insurance premiums, though specific costs passed; I want to see this discrimina- fine job managing a very complicated will vary from business to business depend- tion ended. We need to see those words piece of legislation. He deserves great ing on what benefits are offered. Insurers, backed by action. deal of credit for taking on that re- CBO noted this spring, still will be able to What we call the Mental Health Eq- sponsibility. I have not had a chance to exercise the management tools that have uity Treatment Act has tremendous speak on the bill as of yet, but I don’t been used in the past to decide what treat- support. If the White House would be- want to miss the opportunity of con- ments are appropriate and warranted, and to come engaged in this, we can pass this hold down expenses. The right response to legislation. There are any number of gratulating him and thanking him, and the gathering health care crisis is to fix the all of our colleagues, for the work he system, not make the mentally ill bear a dis- different vehicles we still have this has done and to thank Senator HOL- proportionate burden. month. I believe we can attach this leg- LINGS for his tireless efforts on related The second factor is one of fundamental islation to one of those vehicles and matters. fairness, and of removing the stigma that for one of those appropriations bills or The PRESIDING OFFICER. The Sen- too long has shrouded mental illness. Many other pieces of legislation. This legisla- ator from Nevada. mental disorders can be clearly diagnosed tion will pass. It will pass for a couple and effectively treated; some can’t. The of reasons. It will pass because all of f same can be said of cancers. The pending leg- the families that have been affected by MORNING BUSINESS islation would require large employers who offer coverage for mental and other illness to this illness—and there is not anybody Mr. REID. I ask unanimous consent handle all disorders in essentially the same in the Senate or the House who does we proceed for a period of morning way: You can’t put treatment limits or fi- not have a member of the family who business with Senators permitted to nancial requirements on mental health bene- has not been affected one way or the speak for up to 10 minutes each. fits that are not imposed on physical ail- other—have stepped forward. They The PRESIDING OFFICER. Without ments. Insurers would not have to pay for have become their own leaders. They what is not medically effective. It’s not a have become their own citizen lobby. objection, it is so ordered. huge step, but it would help some people get Mr. REID. If the managers will come the treatment they need. It’s right to level They basically say it is time to end back and want to yield more, we will the field. this discrimination. This is major civil be happy to consent to that. Mr. WELLSTONE. I will read the rights legislation. The PRESIDING OFFICER. The Sen- opening paragraph: It will pass. Last time, this became ator from Minnesota is recognized. Last spring President Bush announced the part of the Education, Labor, Health and Human Services appropriations f new commitment to improving mental health care for Americans. He cited unfair bill. Both Senator HARKIN and Senator MENTAL ILLNESS PARITY treatment as one major obstacle to effective SPECTER were strong advocates of this Mr. WELLSTONE. Mr. President, the care and pledged to seek legislation to re- matter when it went to conference Washington Post on September 9 had quire the insurance plans to treat mental ill- committee. We had near unanimous ness in the same way they treat other med- an editorial titled ‘‘Equity for Mental support in the Senate. Then it was ical ailments. Now time is getting short and blocked last session by the House Re- Illness.’’ I ask unanimous consent this the calendar is crowded, but Congress still editorial be printed in the RECORD. should approve a parity bill, and Mr. Bush, publican leadership and the White There being no objection, the edi- recalling his pledge, should help make it House. But there were a number of Re- torial was ordered to be printed in the happen. publicans who said: We are very un- RECORD, as follows: This isn’t the position we took when we comfortable voting against this. Sev- last examined the subject. [From the Washington Post, September 9, eral of them, I believe, have their own 2002] As a coauthor of this legislation with personal experiences in their own fami- Senator DOMENICI, I am gratified and EQUITY FOR MENTAL ILLNESS lies or with friends with mental illness. moved that the Washington Post has Several of them said: Look, if this Last spring President Bush announced a new commitment to improving mental come out with a very strong editorial comes back a year later and nothing health care for Americans. He cited unfair in favor of parity in mental health cov- has been done, we do not want to vote limits on treatment as one major obstacle to erage. This legislation is called the against this. effective care and pledged to seek legislation Mental Health Equity Treatment Act, I come to the floor to include this by year’s end to require that insurance plans with, by the way, 67 Senators, two- very important editorial in the Wash- treat mental illnesses in the same way they thirds of the Senate, and 243 Represent- ington Post in the Senate RECORD to treat other medical ailments. Now time is atives, including authors MARGE ROU- bring this to my colleagues’ attention. getting short and the calendar is crowded, KEMA and PATRICK KENNEDY, bipartisan This is a change of position on the part but Congress still should approve a parity of the Washington Post. The Wash- bill, and Mr. Bush, recalling his pledge, in both the Senate and the House, in should help make it happen. support of it. ington Post points this out in their edi- This isn’t the position we took when we The Washington Post says it is not a torial. last examined the subject, last year, and be-all or end-all. The Washington Post Second, I remind the President that many of the issues that troubled us then is absolutely right. But it at least is a he has made a commitment to helping haven’t disappeared. Parity legislation is not huge step toward ending the discrimi- pass this legislation this session, not to a panacea. It won’t help the uninsured. nation. And more or less, I argue, once put it off year after year after year. I There’s a risk that, by raising costs, it could we have the coverage in the plans, the hope he will back his words with the cause some employers to weaken or abandon care will follow the money. And there deed, the good Hebrew word, ‘‘mitz- existing coverage or charge employees more for benefits. Congress tends to be much more will be more of an infrastructure of vah.’’ interested in providing benefits than in deal- care for people who do not get any Time is not neutral. We do not have ing with their costs: That’s especially true help. a lot of time yet. There is a lot of good for a mandate like this, in which the costs I don’t know what has happened with will in the Senate, both by Democrats would be borne almost entirely by the pri- the negotiations. There is no stronger and Republicans. Certainly, one of the vate sector. Businesses wrestling with dou- advocate than my colleague, Senator key leaders is Senator DOMENICI. No- ble-digit increases in health care costs are DOMENICI. I was excited when the Presi- body has done more. I mention MARGE fighting any move that would add even mar- dent announced his support. I thought ROUKEMA and PATRICK KENNEDY on the ginally to the problem. the White House would bring people to- House side. Senator REID has done so But two factors now seem to us to out- weigh those concerns. The first is practical: gether and we would have agreement in much work. I could go on and on. The Experience in both the federal employees’ in- the House and the Senate and we would White House has been semi-missing in surance system and in states that have en- pass legislation. Frankly, I have not action. We need them to become enacted their own parity laws argues that, by seen a lot of negotiation take place. It gaged. I have no doubt we can pass this

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8426 CONGRESSIONAL RECORD — SENATE September 10, 2002 in the Senate either on its own or as simply because their illness is located The opposition also distorts the pur- part of this appropriations bill or an- in the brain, and not in another part of pose and intention of the bill by trying other bill. I worry there would be an ef- the body. While we can be proud as a to limit it to only 5 percent of mental fort to block it. country for our ongoing fight to reduce illness diagnoses. They know there is I think the President can do some- stigma against the mentally ill, we no scientific or even economic basis for thing wonderful. I think he can do here in Congress should not be so restricting coverage in this way, but something very positive. I think not proud. Nor should the President. We they continue these destructive meth- only would he get a tremendous have not yet done our job in truly help- ods as one more way to try to kill the amount of support in the Senate and ing those with mental illness by ensur- bill. They resort to ridicule by the House, but he would get a lot of ing full mental health parity in insur- trivializing the pain and reality of support from families and people all ance coverage. mental illness and the toll it takes on across the country. The Mental Health Equitable Treat- the lives of those with this illness and For my own part, working with my ment Act, which I have sponsored with their families. This is an outrage, and colleague, Senator DOMENICI, I am Senator PETE DOMENICI, is poised to we cannot allow such tactics to destroy ready to put this amendment on to a pass in this congress. This bill is more the democratic process. bill. I am ready to do that. Certainly, than ready to move forward and to be We all are very aware of how much we are going to do that in the Senate. signed by the President. S. 543 enjoys work is remaining on our Senate cal- We are going to get this into a con- the support of two-thirds of the Senate, endar, much of which is so important ference committee. If we get the sup- 67 Senators, the majority of the House, to our country. But here, in this piece port from the President, we will pass 243 Representatives, and about 250 or- of legislation, we can show true bipar- this legislation. It would be win-win- ganizations representing health care, tisan support, along with solidarity win. education, law enforcement, disability, with the President, for those with men- The insurance industry will not love religious organizations, and many oth- tal illness. This bill will help those it. That is true. They will not be in ers. On June 6, more than 2,000 people with chronic mental illnesses, those love with it. But it will be a win for the rallied at the Capitol in 100 degree heat with acute depression, anxiety, or to demand that this legislation move White House for doing something very PTSD resulting from the trauma of forward. On April 29, President Bush good for people. It will be a win for September 11, children with autism or publicly proclaimed his support for full both Democrats and Republicans, Re- eating disorders, and the millions of mental health parity and vowed to publicans and Democrats. Most impor- other Americans with mental illness. work with Congress to make sure he tant of all, it will make a positive dif- Without treatment, mental illness can signed a full mental health parity bill ference in the lives of many families worsen, and can even lead to death. We this year. and many people across this country. And today, the Washington Post, cannot as a country allow people with Let’s get this done. Let’s get the sup- which has historically questioned the mental illness to be treated as second- port from the White House. Mr. Presi- value of mental health parity, reversed class citizens any longer. As the Post dent, you said you were all for this. We its position in support of full mental said today,‘‘The right response to the need you. We need you to be engaged. health parity. The Post states on its gathering health care crisis is to fix We need you to exert leadership. We editorial page, ‘‘Now time is getting the system, not make the mentally ill need your support. If we get your sup- short and the calendar is crowded, but bear a disproportionate burden.’’ port, we will pass this legislation. Congress still should approve a bill, When President Bush spoke in sup- As we look toward September 11, and and Mr. Bush, recalling his pledge, port of full mental health parity, we in commemorate this tragic day in Amer- should help make it happen.’’ the Senate had already done our job. ica’s history, we can be proud of the Throughout this Congress, I have We had invested many months in bipar- way in which the American people ral- continued to work with Senator tisan meetings to shape a bill that relied to support those who suffered such DOMENICI, and with Senator KENNEDY, spected the business community, the unspeakable losses in their lives. Many who, as Chair of the HELP committee, insurance industry, and the needs of of us still feel the shock and the fear of has been so helpful in moving this bill those with mental illness. This is why that day, and while we can take great forward. Senator DASCHLE has stated this bill has the support of the major- pride in the ways in which our country many times that this legislation is one ity of Congress and about 250 organiza- has recovered, we know that for many, of the priority issues for the Senate tions who represent millions of Ameri- the grief and the trauma is still sharp floor. I have worked with White House cans. and constant. We know more about staff to help clarify the intention of It is time for President Bush to speak how such events can leave scars on the Congress in shaping this legislation— again, to publicly support this bipar- psyche of a country, as well as individ- that we expect it to be a comprehen- tisan, bicameral bill that clearly has uals. We know that many who had suf- sive bill that does not discriminate the support of the American people. fered from mental illness prior to Sep- against people by diagnosis. We have The House has finally held hearings on tember 11 may find they need treat- been open and available to discussing this, and I want to thank those comment again. We know that many in issues of concern to other members and mittees for doing so. The hearings New York and other parts of our coun- the White House. But we are still wait- made it possible for witnesses to expose try are suffering from post-traumatic ing? Why? Because the opponents of the arguments of the insurance indus- stress disorder. We show our strength this bill—the insurance industry—con- try for what they are. The opposition is as Americans when we respond not tinue to try to influence their friends based on nothing more than discrimi- only with our strength and outrage to- at the White House and on Capitol Hill nation and protecting the corporate ward the perpetrators of this horror, to either kill this bill, or weaken it so bottom line. but also with compassion and support much that it would provide very little I want President Bush to be con- toward the victims. help to those who are praying for its fident that he has my continued sup- I was pleased to sponsor support for passage. port to do everything possible to pass programs that provided emergency Every argument the opponents have this legislation. But I ask him now to mental health care for survivors and tried to put forward—whether it is follow through on the promise he made emergency workers and their families cost, or science, or treatment effective- in New Mexico to support full mental in the Senate’s bioterrorism bill and ness—every one of these arguments has health parity. This legislation is ready other legislation. But we know that been fought and won by the supporters to move forward. The President asked more is needed to improve the overall of this bill. Opponents have challenged to sign a full mental health parity bill. infrastructure of mental health care in the CBO cost estimate of this bill not There is nothing stopping this bill ex- our country’s response to terrorism. once, not twice, but three times, to no cept the politics of the insurance in- People with mental illness are rou- avail. The cost of S. 543 is low: the esti- dustry. I ask President Bush to put the tinely denied decent mental health mated increase in premiums for full needs of those suffering from mental care. They are required to pay more for mental health parity, covering all di- illness first, to help prevent further their care, and are given less access, agnoses, is 0.9 percent. suffering and deaths, and to ease the

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8427 pain of those scarred by September 11 tember 11 tragedy, our Nation is in the a matter of weeks—weeks, before we by helping to make treatment avail- midst of a national debate about war would be called on to make this mo- able to those who need it. I ask him to with Iraq. mentous decision? Because this is not a urge Republican Congressional leaders I am sure the presiding Senator re- matter of high-altitude bombing when to support this legislation. I ask him to calls, as I do, graphically, that day just it comes to Iraq. We wouldn’t have the endorse S. 543/H.R. 4066. a year ago, on September 11, when the luxury of that type of warfare. We are Within the constraints of the Senate Capitol Building was evacuated. During talking about, in the President’s calendar, this bill may move forward the course of that evacuation, it finally words, ‘‘regime change.’’ We are talk- independently, or we may again attach hit me, as I stood on the grass outside ing about removing Saddam Hussein it to an appropriations bill, as we did the Capitol and was looking at this from power, not peacefully but with last year. With the tremendous support building, I was looking at the last force. That would involve, I am afraid, for this bill on and off the Hill, we have building ever invaded by a foreign land forces invading, the type of war these options. However, when the bill army on the continental United States we have not seen in many decades in moved forward on LHHS appropria- soil, when the British attacked the the United States. tions in 2001, 10 House members voted Capitol during the War of 1812. That We recall the Persian Gulf war. It to kill this bill, and President Bush struck me as I stood there and re- was a much different situation, a little wrote a letter to Senator DOMENICI flected that once again an enemy had over 10 years ago, precipitated by Sad- promising to help pass it this year. I struck the United States home. dam Hussein’s invasion and occupation ask the President to follow through on I never would have imagined, when I of Kuwait: The formation of a coalition that promise. I ask him to prevent the came to work that week, that by the led by the United States but also with insurance lobby from killing this bill end of the week I would be voting the United Nations and allies around again. Our country needs this legisla- unanimously with my colleagues in the the world, including many Arab States tion, and the majority of Americans Senate, Democrats and Republicans, to who joined us. have made it clear that they want it give to the President of the United We fought to remove Saddam Hussein now. States the authority to go to war and from Kuwait. We were successful in I look forward to the day when peo- the resources to go to war. It happened doing that. We had logistical support. ple with mental illness receive decent, so quickly, but it was the right thing We positioned our troops in Saudi Ara- humane, and timely mental health to do. We understood that the United bia and nearby. We had a broad coali- care. It will be a good day for our coun- States was in peril, was in danger—and tion. We were forcing Saddam Hussein try. I ask the President to make sure still is—from the forces of terrorism out of a territory he had occupied. that this day comes soon. around the world. We stood as one, in a This is a far different challenge if we Mr. DASCHLE. Mr. President, I ask bipartisan way, to back the President, invade Iraq—different in that the coali- unanimous consent that the order for to fight this war on terrorism, to go tion today consists of England and the the quorum call be rescinded. after those who were responsible for United States, and no others. The PRESIDING OFFICER. Without ob- the September 11 tragedy which struck Logistical support is hard to find be- jection, it is so ordered. the United States. cause the countries surrounding Iraq f Now, here we are a year later. The have basically told us they will not ORDER OF BUSINESS war on terrorism continues. Few, if support us in this effort. Frankly, we any, would say that it is resolved or would be fighting Saddam Hussein on Mr. DASCHLE. Mr. President, I know that we have won it. And we are debat- his own territory, which gives him a there are Senators who wish to travel ing the possibility of another war home field advantage, which most mili- to their States to accommodate the re- against another enemy. Osama bin tary experts concede. Would we be suc- membrance ceremonies with which Laden has not been captured or ac- cessful ultimately? Yes—at some cost many are involved tomorrow. As a re- counted for. The major leaders in al- and at some price over some period of sult of that understanding and in ap- Qaida are still on the loose somewhere. time. I have no doubt the American preciation of the need for travel, it is We believe al-Qaida still has a network military—the very best in the world. my expectation to withhold scheduling of sleepers in 60 nations around the Hussein would be gone. I can’t tell you any additional votes today and then to world. Afghanistan, the first battle- what it would cost. announce that there will be no votes ground in the war against terrorism in In the midst of the Kuwait situation, tomorrow. the 21st century, is still not a stable Saddam Hussein didn’t use chemical So Senators who have an interest in and safe country. Hamid Karzai, the and biological weapons, which we be- traveling are welcome to do so. We President of Afghanistan, barely sur- lieve he has, but instead he decided to have had a number of requests from vived an assassination attempt last fire Scud missiles on Israel—kind of a Senators on both sides of the aisle. To week. We have thousands of American third party to this conversation—hop- accommodate those requests, that will troops still on the ground there. I had ing, I am sure, that he would desta- be the decision. the honor to meet with some of them bilize the Middle East and cause such There will be votes early, at least I last January; our hearts and prayers an uproar and consternation that the should say midmorning, on Thursday. are with them every single day. But United States would withdraw. It Senators should be prepared to come that war on terrorism still continues. didn’t work. Sadly, Israelis died in the and participate in debate and be pre- Yet the administration comes for- process. pared to vote as early as 10 or 10:30 on ward and tells us we still have to think This time, we are not talking about Thursday. about the possibility of another war, in moving Iraqi troops out of Kuwait but I yield the floor and suggest the ab- this case a war against Iraq. Indeed, it actually killing and capturing Saddam sence of a quorum. The PRESIDING OFFICER. The is possible that within a few days or Hussein. To what lengths would he go clerk will call the roll. maybe a few weeks the people of the in response? What victims would he The assistant legislative clerk pro- United States of America, through seek? He doesn’t have missiles to reach ceeded to call the roll. their Members of Congress, will be the United States, but he has the ca- Mr. DURBIN. Mr. President, I ask asked to vote on whether to go to war pacity to train what missiles he does unanimous consent the order for the against Iraq. It is hard to believe the have on nearby neighbors such as quorum call be rescinded. events are moving so quickly that we Israel. The PRESIDING OFFICER. Without would be declaring a second war within Vice President CHENEY said that be- objection, it is so ordered. little more than a year of the Sep- fore the October adjournment, Con- f tember 11 attack. gress would be asked to ‘‘take a posi- Last Sunday on ‘‘Meet the Press,’’ tion and support whatever the Presi- ASSESSING IRAQ’S MILITARY Vice President CHENEY indicated that dent needs to have done in order to CAPABILITIES the administration would like the Con- deal with this very critical problem.’’ Mr. DURBIN. Mr. President, as we gress to vote on Iraq prior to adjourn- By most definitions, that is article I, approach the anniversary of the Sep- ing this October. Do you realize that is section 8, clause 11, of the Constitution

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8428 CONGRESSIONAL RECORD — SENATE September 10, 2002 which gives the Congress, and the Con- basic document which is asked of them future events. They provide not just a gress alone, the power to declare war. before the United States makes such a snapshot of a particular national secu- The people who wrote that Constitu- critical life-or-death decision. rity problem today but a coordinated tion—the Founding Fathers—had seen It is within the power of the Director assessment of how that problem might a king in action, a king who had of the CIA, George Tenet, to order a evolve over the next several years. This dragged his country into wars, and said national intelligence estimate, known is the vital policy planning tool for our that the United States would be dif- as an NIE. National intelligence esti- Nation’s policymakers. ferent. We will never have a President mates bring together all the agencies Let me tell you the many compo- to take us into a war. The American of the Federal Government involved in nents of the U.S. intelligence commu- people will make that choice through intelligence, sits them down, and col- nity are worthy agencies. Each and Members of Congress—Members of the lects and coordinate all of their infor- every one of them does a good job of in- House elected every 2 years, and the mation to reach the best possible con- telligence collection—the Central In- Senate every 6 years. They will make clusion he can come up with. telligence Agency, the Defense Intel- the call, and do it very explicitly. I was stunned to learn last week that ligence Agency, the Department of Vice President CHENEY is saying to we have not produced a national intel- State Intelligence and Research Bu- Congress: It is your turn to make this ligence estimate showing the current reau, and the Department of Energy’s decision. state of weapons of mass destruction in Intelligence Office which is critical to The decision to go to war is the most Iraq. What is incredible, with all of the doing an assessment of nuclear capa- significant decision any government statements made by members of this bility, and the National Security Agen- can make, and Congress plays an essen- administration about those weapons, is cy, just to name a few. They provide tial role. We and the executive branch the fact that the intelligence commu- analytic assessments on an hour-to- need to have all the relevant facts ana- nity has not been brought together. hour, day-to-day basis. They can tell us lyzed as thoroughly and objectively as If we learned anything from Sep- better than any other group the cur- possible before making the decision to tember 11 of last year, we learned, rent situation in Iraq. We need to know put America’s military men and when it came to the intelligence out what their consensus opinion is before women in harm’s way. there at the FBI and the CIA and other we decide in advance whether or not Senior administration officials pub- agencies, that no one ever brought it this war should be undertaken. I firmly licly identified Iraq’s development of together. Had we been able to bring it believe that policymakers in both the weapons of mass destruction and the together by September 10, could we executive branch and the Congress— potential of Iraq’s transfer of these have avoided September 11? I am not the President, the White House, the weapons to terrorist groups as the pri- sure. I wouldn’t say that. But we cer- Department of Defense, the Depart- mary threat to our Nation. Ultimately, tainly would have appreciated the ment of State, and the Congress— our Government must rely on the in- threat a lot better, and perhaps we would benefit from the production of a telligence community to make the would have been prepared a lot better. coordinated consensus document pro- most thorough and unbiased analytic Maybe—just maybe—we might have duced by all relevant components of assessment of the current and pro- avoided some or all of the tragedy. But the intelligence community on the cur- jected status of Iraq’s weapons of mass we didn’t do it. rent and projected status of Iraq’s destruction infrastructure, regardless Time and again since then as we weapons of mass destruction. of whether the analytic judgments con- looked back on last year, we have said The letter I sent to Director Tenet form or conflict with stated U.S. pol- we have to be better prepared, with asked him to initiate this process as icy. In other words, we are saying that better communications and better co- quickly as possible and to produce the the intelligence community should ordination of information from outside NIE within several weeks. I requested give us the unvarnished truth, tell us the country and inside, and bring it all that an unclassified summary of it be what Iraq has and its likely capability. together so we can make the best deci- produced, as has been done in the past, It is interesting, if you look at the sion. so the American public can better un- countries that the Bush administration When we are talking about a possible derstand this vitally important na- designated as part of the axis of evil— invasion of Iraq and a war against Iraq, tional security issue. North Korea, Iran, and Iraq—of the why haven’t we really created the most Let me tell you that during the time three, the military capabilities of basic document that we have the power I served in the Congress—the House North Korea and Iran far surpass the to create in this Government—the na- and the Senate—there is no moment I capability of Iraq. We know that in the tional intelligence estimate—so we recall with more pain in my heart than case with North Korea, and probably know exactly what we may be up the debate a little over 10 years ago Iran as well, they have nuclear weap- against in Iraq? It has not been done. about the Persian Gulf war. After we ons today. We also know they are This morning, I handed a letter to persuaded President Bush’s father to working on developing long-range mis- the deputy to Director Tenet asking follow the Constitution, to come to siles. We believe North Korea is the that he give it to the Director person- Congress and to seek the authority of closest to developing missiles which ally, asking that they move as quickly the American people and the permis- could make it to the shores of the as possible to establish and create this sion and approval of Congress before United States. But we think Iran is national intelligence estimate. Once it initiating that war, we then engaged in trying to do the same thing. is established, I think we should meet a debate—a long debate. I think vir- All that I am telling you is a matter on Capitol Hill—the Senate and the tually every Member of the House of of public information. We know this. House Intelligence Committees. We Representatives took the floor over a 2- We know what their capability is. should have classified hearing on or 3-day period of time. The House met When you look at the status of the things that can’t be discussed publicly continuously. In that period of time, three countries which the President about this NIE, and then a public hear- each of us stood in the well of the said are the axis of evil, Iraq clearly ing as well to share with the American House of Representatives—as we did in ranks third. If all three are threats and people, without compromising in any the Senate Chamber here—and spoke enemies to the United States, why is it way the safety and security of the our hearts about the challenge we that the administration has focused in United States, as much information as faced and the vote we faced. We knew on Iraq, which to our knowledge does we possibly can about the current state that if a vote were cast to go to war, not have nuclear weapons today nor of affairs in Iraq. innocent people would die and that the ability to deliver any type of long- National intelligence estimates are American soldiers and American sail- range weaponry against the United the Director of Central Intelligence’s ors and marines and airmen would have States? most authoritative written judgments their lives on the line. As a member of the Senate Select concerning national security issues. It meant a lot to me personally be- Committee on Intelligence, I am deeply They contain the coordinated judg- cause of a friend of mine, who was a concerned that the intelligence comments of the entire intelligence com- Marine at the time—I knew his parents munity has not completed the most munity regarding the likely course of well. They were from Springfield, IL. I

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8429 had known his mother and father for every other opportunity before we President’s ability to take the pulse of many years. They came to me early on reach it. America. After looking at some of the when the debate got started and said: On Thursday, the President will be at administration’s actions over the past We are worried to death about our son. the United Nations in New York. I am few weeks, I am almost certain of it. Really, our hope for the future of our certain he is going to remind them At almost every turn, the President family is in the Marines. He is there in that Saddam Hussein is a thug, that he seems to be a day late and a dollar the Persian Gulf, and we sure don’t has been a threat to his own people, to short. Let me just give a few examples. want to see anything happen to him. the region, and to people around the On July 16, the House added $700 mil- I assured them that I would think world with his weapons of mass de- lion of supplemental funding to the In- about him constantly as I made my destruction. He will, undoubtedly, remind terior bill to fight fires that are raging cision on the Persian Gulf war. Of them of his cruel invasion of Kuwait, across this Nation. The administration, course, we all recall what happened. Fi- which mobilized the United Nations to through the Office of Management and nally, after the approval was given, the defeat him and to displace his troops Budget, wrote to the Congress and war was initiated. The land war did not from Kuwait. He will, undoubtedly, re- strongly objected to that funding. Yet take but 2 or 3 days and it was over. mind them of what has happened since: on August 28—just 6 weeks later—the And I thought, at the time, what a when the United Nations resolution, President requested $825 million for great relief it was to be able to call his which condemns and prohibits Iraq emergency firefighting funding. It is a parents and tell them that it had ended from ever having weapons of mass de- complete about-face. In mid-July, the White House, so quickly and so well. struction, has been ignored by Saddam through the Office of Management and Little did I know that Christian Por- Hussein; how the inspectors, some 4 Budget, again pressed Congress to re- ter of the U.S. Marine Corps from years ago, were pushed out of his coun- duce the size of the supplemental that Springfield, IL, was one of the several try; and how this man has literally, as was then in conference. The OMB Di- hundred American casualties in that a thug, ruled this nation in a manner rector, Mitch Daniels, recommended war. This young man, whom we all and form that most civilized countries that conferees on the bill reduce fund- worried about so much, was the victim in the world find reprehensible. ing for the Transportation Security of friendly fire. All of those things, I will concede, Administration by $219 million. The I went to his funeral service in are true. But the next question facing conferees acceded to the administra- Springfield and to the veterans ceme- the United Nations and facing the tion’s request. Yet on September 3— tery afterwards. My heart was broken United States and its people, through just 6 weeks later—the President re- for that family. But it was a good re- its elected representatives in Congress, quested that $219 million and an addi- minder for this Member of Congress— is: Is it the right thing for us to do? tional $327 million for the Transpor- now a Member of the Senate—to re- We cannot make the right decision tation Security Administration. That member what war is all about. It is without the best information. And the is $546 million that, 6 weeks earlier, the about the potential loss of life of many production of the National Intelligence administration did not think was nec- innocent people. It is about being in Estimate will give us that information. essary. harm’s way for many Americans in I yield the floor and suggest the ab- In late July, Congress approved $200 uniform. sence of a quorum. million for economic assistance to We have to take this responsibility The PRESIDING OFFICER (Mrs. Israel and $50 million of disaster assist- very seriously. And if we are going to CLINTON). The clerk will call the roll. ance for Palestinians, which was not take it seriously, we must insist, in The assistant legislative clerk pro- requested by the President. The Presi- Congress, that the administration ceeded to call the roll. dent had until September 1 to des- produce the clear and convincing evi- Mr. BYRD. Madam President, I ask ignate the funds as emergency and, dence that an invasion of Iraq is the unanimous consent that the order for thus, make the funds available to only option available to us to bring the quorum call be rescinded. spend. The President rejected the fund- this potential threat under control. The PRESIDING OFFICER. Without ing on September 1. He could have had If this administration cannot produce objection, it is so ordered. it then. All he needed to do was sign a National Intelligence Estimate which f his name. No, he rejected it on Sep- comes to that same conclusion, then, tember 1. But 2 days later, on Sep- frankly, those of us who have listened STAYING IN TOUCH WITH THE AMERICAN PEOPLE tember 3, the President requested—you to the heavy rhetoric over the last sev- guessed it—$250 million for the very eral weeks will understand that, when Mr. BYRD. Madam President, the same purpose. Are we seeing a pattern it comes to the evidence, there is some- President talks a lot about the coffee here? It is as plain as the noonday Sun thing lacking. shop in Crawford, TX, which brings to on a cloudless sky. On September 4, the It is time for the administration to mind Uncle Josh and Aunt Nancy’s administration wrote Congress to rise to the occasion, to produce this Smokehouse in West Virginia where I stress its desire for Congress to re- evidence, as has been asked for and have been talking with people for a strain spending by keeping spending been produced so many times in the long time. You ought to come down to for the fiscal year that begins October past when America’s national security that shop sometime—Uncle Josh and 1 to a level of $759 billion, and yet on was at risk. We cannot accept anything Aunt Nancy’s Smokehouse. I talk with August 2 and September 3 the Presi- less than that before any Member of those people quite often. We have one dent requested $1.3 billion of additional the House or the Senate is asked to of those in every State, I suppose. I funding and proposed no offsets for vote on this critical question of going suppose each of the Senators here has a that spending. to war. coffee shop such as the one in The Congressional Budget Office now We have to say to the administra- Crawford, TX, or like Uncle Josh and estimates that the President has re- tion: Bring forward your best evidence Aunt Nancy’s Smokehouse in their quested $760.5 billion for the fiscal year and your best arguments so that, ulti- State. So I have one of those. that begins October 1, and yet the mately, when we make this momentous It is good to get back home and kind President insists we spend only $759 and historic decision, we can go back of get the feel of the people and ‘‘press billion—that far and no farther, $759 to the States and people who we rep- the flesh’’ a little, as Lyndon Johnson billion. This President seems to rely on resent and say that we have dispatched used to say, and know what they are the same types of accounting tech- our responsibility in a credible, good- saying back there in that coffee shop. niques with regard to homeland secu- faith manner, that we have done every- But, Madam President, despite all of rity that are causing such problems in thing possible to understand the nature his talk about staying in touch with corporate America. of the threat, and the best response of the people at the coffee shop in The President and his administration the United States. Crawford, TX, the President seems to love to tell Americans that we are con- War is the last option. We have to have lost touch with the needs of the stantly at risk of new terrorist at- know every element before we make American people. I worry that the tacks. The President’s Cabinet mem- that decision. We have to exhaust extra caffeine must have affected the bers have been out in great force time

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8430 CONGRESSIONAL RECORD — SENATE September 10, 2002 and time again putting the country on grams, $2.5 billion that was put into tember. This year, forget it. I did it in alert for a possible terrorist attack. We legislation by this Senate through its mid-August. Those vines were dying. have been told to watch the bridges, Appropriations Committee, in a bipar- The blossoms that had come earlier watch the fuel trucks, watch the tisan display of support; $2.5 billion for had never flowered into tomatoes. banks. Remember the little boy who homeland defense programs to secure Don’t think I am a great tomato pro- cried wolf too often, too many times? our ports, our river ports, our seaports, ducer. I only have three or four vines. So we are constantly at risk, the ad- to secure our airports, to secure our I have planted as many as seven or ministration says. In fact, just this nuclear facilities, to train and equip eight during the years I have been in afternoon the administration raised our Nation’s police and firefighters. McLean, but that is just from a wee to- the Nation’s level of alert from yellow Those are the people who ran up the mato farmer. to orange, believing there is a high risk steps, those are the people who sought This is a drought. I have lived now 85 for a terrorist attack. to protect the lives of others, and those years, lacking a very few days—85 I have been thinking that, too. I sup- are the people who gave their own lives years. I have seen something happening pose most people in this country have to save the lives of others. Those are out in the heavens as we witnessed been concerned about that as well. Ap- the people who have now left widows pestilences and droughts, floods and parently, security concerns have grown and orphans, happy dreams forever fires. Something has happened. This by such an extent in the last 24 hours gone. That is what Congress was think- was an unprecedented drought as far as that Americans at home and around ing of when we put that money in the I am concerned. I am probably not the world are being told to be extra bill. This funding would have addressed going to put out any tomato plants vigilant and alert. Specifically, the At- the very security concerns the admin- next year. The country will not miss torney General pointed to new threats istration outlined this very afternoon. my tomato plants, but the country aimed at embassies overseas, at our The first question that was ever misses the signature on that $2.5 bil- Nation’s transportation network, and asked in the history of the human race lion that would have been turned loose, at the symbols and monuments of our was, ‘‘Where art thou?’’ When God that would have been there for the country. That is why Congress over- came in the cool of the day, walking in country, for the protection of the peo- whelmingly included in the emergency the Garden of Eden looking for Adam, ple, for all these items and more that I supplemental package $10 million for Adam was in hiding. God said, ‘‘Adam, have mentioned. embassy security. That is why Con- where art thou?’’ That was the first Yet the President has told our farm- gress passed $17.7 million for security question that was ever asked in the ers and ranchers that he opposes this at the Washington Monument and the history of the human race: ‘‘Adam, funding. How about that? He has told Jefferson Memorial. That is why Con- where art thou?’’ the farmers and ranchers he opposes gress approved $150 million for airport I say, where were you? The people this funding. But he did not oppose a security. That is why Congress ap- will say to the administration, where $1.3 trillion tax cut that goes for the proved another $42 million for security were you? Where were you when the most part to the wealthiest in this at air traffic control towers. Congress passed that measure pro- country. Those people never lived on Congress has not been asleep at the viding $2.5 billion for the security, for my side of the tracks, the people who wheel. Congress has been acting like the welfare, and for the protection of are going to be the beneficiaries of Paul Revere in saying: Alert, rise, for the American people? Where were you, most of that tax cut. They did not the day is passing, and you lie sleeping Mr. President? Where were you? It was come from my side of the tracks. No, on. Others have girded their armor and up to you. Just the signature of a name the people on my side of the tracks forth to battle have gone. So Congress would have given the $2.5 billion to the have not reaped any benefit from that has been sounding this alert. That is firefighters, the policemen, the health tax cut. My side of the tracks, yes, had why Congress approved $150 million for emergency people, would have given a coffee shop on that side, too, but not airport security and another $42 mil- you that money for the protection of many people could afford 5 cents for the cup of coffee. lion for security at air traffic control our nuclear facilities, for the protec- So when the President tells our farm- towers, but the administration rejected tion of our ports of entry, for better ers and ranchers he opposes this fund- border security to the north, for better those items and labeled them as waste- ing, without this help many farms and border security to the south, for more ful spending. ranches will dry up and disappear. Con- Wasteful, my foot. There is nothing food inspectors. Why did you turn your gress knows how to take the pulse of wasteful about investing in the secu- back on that money for the security of the Nation and to respond to the needs rity of the American people. Hear me the American people? of the people. There are people in this down there at the other end of the ave- I say again, that funding would have Congress who may have lived on the addressed the very security concerns nue. Hear me, Mr. President. There is other side of the tracks, mingled with the administration outlined this after- nothing wasteful about investing in the people not just in the Crawford coffee noon. Yet on September 1, the Presi- security of the American people who shop but in Uncle Josh’s and Aunt Nan- dent chose to cancel those funds, turn send us to Washington, whose taxes cy’s Smokehouse from where the com- his back on those funds, push them pay the bills, whose sons and daughters mon people, the ordinary people come. give their blood in wars—the American away. I wonder what goes into that cof- If we wait for the President to people. fee in Crawford? change his mind, there may be no pulse Today, the Senate passed a drought The only thing wasted by the Presi- to take for our farmers and ranchers. relief amendment by a 79-to-16 margin. dent’s rejection of these funds is time, Once again, the President seems to be This amendment would provide dis- time necessary to put these dollars to a day late and a dollar short. It is time aster assistance to our Nation’s farm- work and put them to work rightly, for the administration to wake up and ers and ranchers in the face of unprece- prudently, carefully, to put these dol- smell the coffee. lars to work and to protect American dented drought. That ought to be pret- I yield the floor and suggest the ab- lives. ty easy to understand. I have lived in sence of a quorum. The administration is right to warn northern Virginia now for 50 years, the The PRESIDING OFFICER. The America when it learns of new, credible same number of years that I have clerk will call the roll. terrorist threats, whether at home or served in Congress. In those 50 years, I The legislative clerk proceeded to abroad. However, Americans must have don’t recall ever such a drought as we call the roll. the tools to secure our homeland. The have experienced and such weather as Mr. SPECTER. Madam President, I homeland defense problem cannot be we have experienced as this year. I ask unanimous consent that further solved simply by moving boxes around have been accustomed to pulling up my proceedings under the quorum call be on an organizational flowchart or by tomato plants, cutting up the stems, dispensed with. ‘‘now you see it, now you don’t’’ fund- and putting them in the trash bags to The PRESIDING OFFICER. Without ing shenanigans. be hauled away by the garbage truck. objection, it is so ordered. A few weeks ago, Congress approved And I have been accustomed to doing Mr. SPECTER. Madam President, I $2.5 billion for homeland defense pro- that in mid-September or late Sep- understand that on my call for regular

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I believe it would HOMELAND SECURITY ACT OF for an adviser, as former Governor be very useful to have that centralized. 2002—Continued Ridge who is now his adviser, as Dr. When I chaired the Intelligence Com- The PRESIDING OFFICER. The Sen- Condoleezza Rice is the National Secu- mittee in the 104th Congress, I pro- ate resumes consideration of the pend- rity Adviser—it seems to me there are posed legislation which would have ing bill. strong reasons for us to avoid this leg- brought all of the intelligence agencies Mr. REID. Was there a unanimous islation to have a Secretary of Home- under one umbrella, the Central Intel- consent request, Madam President? land Security who will be confirmed ligence Agency. Now I think there is an The PRESIDING OFFICER. The Sen- and then have a Director for the Na- opportunity to do that with the new ator from Pennsylvania asked for the tional Office for Combating Terrorism, Department of Homeland Security regular order. because all of these duties, in my opin- since we are taking a fresh look at this Mr. REID. What is the regular order? ion, can be handled by the Secretary of area. I know there are objections to The PRESIDING OFFICER. The bill, Homeland Security. So the objectives giving budget authority to anyone on H.R. 5005. which the senior Senator from Florida an overall basis, but it would be my Mr. REID. If my friend would allow seeks to accomplish can be accom- hope that this provision would stay— me to speak, it is my understanding plished without adding this additional but it would stay under the dominion that we were in a period of morning office. I know the President does not of the Secretary of Homeland Security. The other responsibilities of the Di- business with Senators allowed to want another officer confirmed by the rector of the National Office for Com- speak for up to 10 minutes each. Would Senate. He didn’t want one in the first bating Terrorism are: it not take consent to get out of that? place, and didn’t want a Department of To exercise funding authority for Federal The PRESIDING OFFICER. Morning Homeland Security, but now has ac- business occurs by consent. The reg- terrorism prevention and response agencies . ceded. ... ular order was the legislation. Senator LIEBERMAN and I introduced Stated simply, all of the functions of Mr. SPECTER. Madam President, I the legislation for a Department of the Director of the National Office for think I have the floor. If I might just Homeland Security and a Secretary of Combating Terrorism, in my view, can comment, what I would like to do is Homeland Security last October, and speak on the bill. be handled by the Secretary of Home- eventually the President acceded to land Security. I think those objectives Mr. REID. We would like to hear you that necessity, and there is now a bill speak. But I say to my friend, there are sound. on the floor. It is my hope that we will legislate would be no amendments. We have the But as I look over the responsibilities Thompson amendment pending, and we here to put under the umbrella of the which the senior Senator from Florida Secretary of Homeland Security the would have to have consent to set that has assigned to the Director of the Na- aside, or I guess you could offer a sec- necessary authority to protect against tional Office for Combating Terrorism, terrorists. It is my judgment that had ond-degree to Senator THOMPSON’s it is my view that these duties can be amendment. But you are not planning all of the dots been under one um- handled by the Secretary of Homeland brella, there would have been a to offer an amendment? Security. The responsibilities which Mr. SPECTER. Madam President, I veritable blueprint for what happened are set out in section 201(c): on September 11 and that September 11 don’t plan to offer any amendments or To develop national objectives and policies anything unusual. I want to make might well have been prevented. This is for combating terrorism. the time, with the new Department of some comments on the pending bill. I I think that is an appropriate func- don’t plan to do anything that would Homeland Security to be established, tion for the Secretary. that we have a chance to implement require the presence of anybody here to To direct . . . [the] assessment of terrorist safeguard their interests. I don’t wish what so many people have proposed. threats and vulnerabilities to those threats . My idea to bring all of the intel- to do anything that would be construed ... ligence agencies under one umbrella in as contrary to anybody’s interest. I Again, I think that is something that the legislation, which I proposed in the would like to have people here who are can be handled by the Secretary. 104th Congress when I chaired the In- on the bill. To coordinate . . . the implementation . . . telligence Committee, is an idea which Mr. REID. I only say I am sorry I of the Strategy by agencies with responsibil- has been proposed by many. At the mo- have to leave the floor because I would ities for combating terrorism . . . . ment, there is on the President’s desk love to hear the statement of the Sen- Again, I think that is something the a comprehensive proposal to accom- ator from Pennsylvania. I say this as Secretary can do. plish just that. But the reality is that affirmatively and sincerely as possible. To work with agencies, including the Envi- the turf wars involving the various The Senator always makes statements ronmental Protection Agency, to ensure that agencies are so fierce that this is never that are good and direct, and I am appropriate actions are taken to address accomplished. Now we have a chance to sorry to have interrupted him, but I vulnerabilities identified by the Directorate do it. didn’t know what was going on. of Critical Infrastructure Protection within Had the one umbrella been present to the Department. Mr. SPECTER. I am sorry the Sen- identify the FBI Phoenix memo- ator from Nevada will not be here to Again, that is something which the randum—where there was a flight stu- hear my presentation, but there are 97 Secretary can handle. dent with a big picture of Osama bin other Senators who could come. Count- To coordinate, with the advice of the Sec- Laden and indicators of potential ter- ing the Presiding Officer and myself retary, the development of a comprehensive annual budget for the programs and activi- rorist activity—had that, combined and the Senator from Nevada, that with the two men identified, who were leaves 97 others. That is probably more ties under the Strategy, including the budgets of the military departments and agencies later hijackers on September 11, in people than are watching on C-SPAN 2, within the National Foreign Intelligence Kuala Lumpur where the CIA never as a matter of fact, Madam President. Program relating to international terrorism told the FBI or the INS—had that been AMENDMENT NO. 4513 . ... added to the records—the National Se- The pending amendment seeks to That can be handled by the Sec- curity Agency got it on September 10; speak to the provisions of the bill re- retary. In fact, this provision calls for it wasn’t translated as a threat that lating to a National Office for Com- coordination with the Secretary. something would happen the next day, bating Terrorism, and I believe the The provision does exclude military perhaps later, until the 12th—espe- thrust of the provisions for this na- programs, projects or activities relat- cially with the information which

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8432 CONGRESSIONAL RECORD — SENATE September 10, 2002 could have been obtained, had a war- That is the critical part of it. I am sending copies of this letter to Sen- rant been issued for the computer of The other way of articulating the ator Lieberman and Senator Thompson so Zacarias Moussaoui and for the search idea would be to say that the President that we may all discuss these issues further. of his premises—there was a virtual approves the Secretary having this au- My best. Sincerely, treasure trove of information linking thority. But it is unrealistic to expect ARLEN SPECTER. the President to come in and make an Moussaoui to al-Qaida. Mr. NELSON of Florida. Mr. Presi- analysis and take affirmative action. We have learned a very different les- dent, while our troops have had enor- But it is effective to get the same job son from 9/11. Now is the time for the mous success abroad, the war on terror, done if the problem is sufficient to Congress to change it. We simply have obviously, is not over. We are just behave the matter disapproved by the to override the various Federal agen- ginning. We must do everything we can cies that are fighting for their turf. President. I don’t think you really have to have to prevent future attacks on the home- The stakes now are too serious. land. We have an enormous responsibility statutory language because the Presi- Tomorrow is going to commemorate in the Congress to do everything we dent directs anybody as he chooses. that awful experience. My attention can to see to it that there is no recur- They are going to be bound to carry over the weekend was riveted to an ar- rence of 9/11. We have action to be out his orders. But this would give the ticle in one of the country’s major taken if there is a biological attack. Secretary of Homeland Security um- newspapers that reported on a debrief- We have worked on various antidotes brella authority, as I say, subject to ing of one of the al-Qaeda detainees for various biological weapons—small- disapproval of the President. who had indicated that the fourth air- pox and anthrax. But if we have to re- Although I do think the senior Sen- plane, the one that crashed in Pennsyl- spond, it is a 99 percent loss. What we ator from Florida had a good idea and vania, had as its target the U.S. Cap- have to do is prevent it. purpose in the National Office for Com- itol. The intelligence agencies that want bating Terrorism, the better policy is How many of us on that day were to maintain their own sovereignty just to leave these responsibilities to the working in the U.S. Capitol? I was in a ought to change that attitude. The leg- Secretary of Homeland Security, a sep- meeting on the west front of the Cap- islation which has been proposed would arate Department. The President is itol, only 30 paces from where I am now put all of these analysis sections under then free to have an adviser on home- standing in the Chamber of the Senate. the Secretary of Homeland Security. land security—as he currently does, a It was a meeting attended by about 15, That is what ought to be done. That position filled in the West Wing by chaired by the majority leader. We had can be done in this bill. Governor Ridge. already seen the television images of There was a meeting on July 31 with EXHIBIT I the World Trade Center, but we contin- the President, Governor Ridge, and U.S. SENATE, Members of Congress, where we talked Washington, DC, August 1, 2002. ued our meeting. about these ideas. Hon. TOM RIDGE, Someone burst in the door and said: I ask unanimous consent that the Director of Homeland Security, ‘‘The Pentagon has been hit.’’ We leapt full text of this letter be printed in the Washington, DC. to the windows overlooking the west DEAR TOM: I was very pleased to hear the front of the Capitol, overlooking the RECORD at the conclusion of my state- President’s affirmative response yesterday ment. mall in the direction of the Pentagon, to the proposal to have analysts from every and saw the black smoke rising on the The PRESIDING OFFICER (Mr. NEL- intelligence agency (CIA, FBI, DIA, etc.) SON of Nebraska). Without objection, it under the umbrella of the Department of other side of the Potomac. is so ordered. Homeland Security with the Secretary hav- Interestingly, my immediate reac- (See Exhibit 1.) ing the authority to direct those intelligence tion was to leap to a telephone to try Mr. SPECTER. Mr. President, there agencies to supply his Department with the to get word to my wife, Grace. Only 5 is a critical line on the letter I have requisite intelligence data. days earlier, we had moved into an As I said in the meeting in the Cabinet written to Governor Ridge. I will read apartment overlooking the southwest Room yesterday, I think that had all of the corner of the Pentagon. My message to just a little bit of it. intelligence information known prior to Sep- Dear Tom: tember 11th been under one umbrella, the her was—and we didn’t even have a I was very pleased to hear the President’s terrorist attacks of September 11th might telephone in the apartment, since we affirmative response yesterday to the pro- have been prevented. had just moved in—to get into the posal to have analysts from every intel- Senator Thompson, as I understood him, basement garage because, of course, I ligence agency (CIA, FBI, DIA, etc) under did not disagree with that ultimate approach didn’t know what was happening on the umbrella of the Department of Homeland except to express the view that he thought that side of the Potomac. Security with the Secretary having the au- that changes in the structure of the intel- In the meantime, Grace Nelson is thority to direct those intelligence agencies ligence community should await further to supply his Department with the requisite studies. My own strongly held view is that getting dressed in the apartment. She intelligence data. we have a unique opportunity to make the hears the airplane. She said it sounded This doesn’t mean that Homeland Security changes in the intelligence community now so loud, as if it was going to hit the will have authority over CIA agents. They because of the imminent terrorist threats; apartment. And the line of flight was will remain with the CIA. It doesn’t mean and, if we don’t act now, we will go back to very close to the apartment. She heard the Secretary of Homeland Security would business as usual. the impact. She ran to the window and have the direction of the FBI agents or any As you and I discussed in our meeting of saw the whole thing. July 29, 2002, there have been many proposals other agents. They will all remain in their When she saw the people streaming Departments. But the analysts will all come to place the intelligence agencies under one together under one roof. There will be noth- umbrella, including legislation which I in- out of the Pentagon, her immediate re- ing to stop the CIA from having analysts troduced in 1996 when I chaired the Intel- sponse, which is the great patriotic in- under the CIA roof. But they will have to be ligence Committee, and the current pro- stinct of my wife, was: What can I do CIA agents under the roof of the Director of posals which have been made by General to go down and help those people? Homeland Security so that all of the ana- Scowcroft. That, of course, was a riveting expe- lysts are there and can put the dots together I suggest that Section 132(b) of the bill re- rience, like any that you have had in ported by the Governmental Affairs Com- in one place. your adult life. I was in college at the The critical paragraph in the letter mittee be modified by adding at the beginning a new paragraph (1) to read as follows: time of the assassination of President set forth is: (b) RESPONSIBILITIES:—The Directorate of Kennedy. I can tell you exactly where Responsibilities.—The Directorate of Intel- Intelligence shall be responsible for the fol- I was when we received the word. So, ligence . . . . On behalf of the Secretary, sub- lowing: too, on any other tragic event, such as ject to disapproval by the President, direct- (1) On behalf of the Secretary, subject to the destruction of the space shuttle ing the agencies described under subsection disapproval by the President, directing the Challenger. And so, too, Americans will (a)(1)(B) to provide intelligence information, agencies described under subsection (a)(1)(B) analyses of intelligence information and to provide intelligence information, analyses remember exactly what they were such other intelligence-related information of intelligence information and such other doing and where they were at the time as the Directorate of Intelligence deems nec- intelligence-related information as the Di- of receiving the news that the Nation essary. rectorate of Intelligence deems necessary. was under attack a year ago.

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8433 This war is going to be a long one, be managed and how the resources allo- of this Federal Government from being and it is going to be very difficult be- cated to the war on terror are going to politicized, which is the reason why the cause it is a new kind of war. We don’t be used. Hatch Act was passed years ago, dec- have the luxury we have had for two Transparency is essential to ensure ades ago, saying that there was going centuries of two big oceans protecting that this new department is working. I to be a barrier put up so that any ad- us from our enemies, for now the en- am not sure that is the message that ministration, after the Hatch Act, was emies have figured out a way to infil- has come from the administration. It is not going to be able to use the Federal trate within. Of course, all of the U.S. going to be up to us, particularly those bureaucracy for their political ends; interests and assets around the world, of us who feel so strongly about this. thus, the Hatch Act was enacted. including our ambassadors, are targets We have heard a number of people What the administration’s language we have to protect. talk about the great leadership of Sen- does is take away those worker rights, It is appropriate that this legislation ator LIEBERMAN, the chairman of the those basic civil service rights, and is being considered at this time. What Governmental Affairs Committee, and, that is not healthy, because it has been do we have to do to help protect future clearly, the man who not only believes attacks on U.S. soil? daily and recites daily the U.S. Con- healthy, as we have seen how the Fed- Clearly, there was a colossal intel- stitution but carries that Constitution eral bureaucracy operates under those ligence failure on September 11. That with him wherever he goes, a man who protections in the Hatch Act. is primarily what we need to address. has been in Congress for over 50 years, The House bill would grant the Presi- The inexcusable bureaucratic ineffi- Senator BYRD, who has expressed his dent a blank check to take away the ciencies and inability of one hand of concerns. And there will be more, in- civil service protections of nearly the bureaucracy to know what the cluding mine that I am registering 170,000 employees of the new agency. I other hand was doing, all of that has to today. don’t think that is in the interest of be ironed out. In the briefings that we I am afraid that the administration’s the country. That is not going to affect have had, I have some degree of con- bill—which, in essence, is the House of the national security. The vague au- Representatives-passed bill—fails to fidence that it is being ironed out. It thority granted to the President would adequately protect the nonhomeland better be. We have no choice. For the exempt employees from traditional mission of the Coast Guard. Think of only way to thwart the terrorists is to labor laws if he determined, without that. The Coast Guard overseas a num- find out what they are going to do be- any explanation, that the workers’ ber of important maritime missions, fore they do it and stop them. rights somehow adversely affect the which save countless lives each year, Combining this new threat also re- Department’s homeland security mis- quires a more agile government. What including search-and-rescue operations, Marine safety, and recreational sion. That is not right for the workers we are about to do is undertake the of the new agency, and it is not right largest governmental reorganization in boating safety initiatives. Am I sensitive to this? You bet. Look for the country. the last five decades. This new depart- how much coastline Florida has. I have ment will combine 22 agencies, 170,000 Finally, the administration bill not actually measured it against the people, with an annual budget of $38 hangs consumers out to dry by limiting California coastline, but I suspect ours billion. But considering the seriousness the liability of firms providing new is greater if not equal to the California of the threat and the scope of the re- antiterrorism technologies and devices coastline. structuring, I must say that I am sur- because damages caused by untested So is the search-and-rescue oper- technologies that fail to work would be prised by the administration’s demands ation, Marine safety, recreational boat- that this new Department of Homeland restricted even in cases of gross neg- ing safety—a non-homeland-defense ligence in the manufacture of those Security be run with minimal account- mission of the Coast Guard—impor- ability to the American people, which new technologies and equipment and tant? Of course, but so is the Coast apparatuses. This limited liability pro- includes accountability to this Con- Guard’s mission on law enforcement, gress. vision gives carte blanche then to fly- which includes drug interdiction, and by-night companies looking to profit There is something that we all swore alien migrant interdiction, and general to uphold when we took office: the Con- from 9/11 by selling products that, at maritime law enforcement. best, do nothing and, at worst, could stitution of the United States. The po- Would it not be nice if we in Florida cause direct harm. I don’t think we litical geniuses who gathered over 225 were not sensitive, as we are, to drug want to hang those consumers out to years ago fashioned a document that interdiction and to alien migrant inter- dry—indeed, much more than that, we had checks and balances so that power diction? Waves of people try to come to don’t want to harm those consumers. could not be concentrated in any one Florida’s shores illegally—some with branch of the Government. just cause, but of which the Coast As the clock ticks, the time becomes So as we start to create this new, Guard plays a very important role. As increasingly somber as we reflect back vast reorganization of the executive resources are transferred to the war on on what we were doing 365 days ago, branch, we have to make it account- terror, we should not forget about pro- what happened to us personally, and able to the American people by having tecting people from the nonterrorist how we have changed not only as a na- it accountable to the Congress, with threats that can be harmful to our tion but individually. I think it is im- our oversight functions, with our ap- communities. portant for us to look at the big pic- propriations functions, with our au- The final plan to transfer the Coast ture and that as we fashion a bureau- thorization functions, with all that has Guard to a new Department must en- cratic response that is more flexible to served this Nation so well since the be- sure, in my judgment, that law en- protect our homeland, we do so in a ginning of our constitutional govern- forcement safety and transportation wise and cautious fashion. ment in 1789. missions are not unreasonably com- Mr. President, I yield the floor. I am concerned and a little bit sur- promised. That is why I think we have prised that the administration de- to adopt the Senate language and pro- mands that they have it their way tect it then in the conference com- f without the accountability, which is mittee—ironing out the differences be- the checks and balances of the Con- tween the Senate and House versions. ORDER OF PROCEDURE stitution, necessary to the functioning In addition—and very importantly— Mr. SPECTER. Mr. President, in the of our constitutional government. the administration’s language in the absence of any other Senator on the Many of us on both sides of the aisle House bill completely undermines floor seeking recognition on the bill or, believe this is an issue of great impor- workers’ rights. Guaranteeing the for that matter, any other purpose, I tance, involving such a massive reorga- basic civil service rights of people ask unanimous consent to proceed as if nization of the Government that we hired to keep us safe does not and will in morning business for 10 minutes. must ensure that there are checks and not jeopardize national security. balances. The American people deserve What are we trying to protect? We The PRESIDING OFFICER. Without to know how this new department will are trying to protect the civil service objection, it is so ordered.

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8434 CONGRESSIONAL RECORD — SENATE September 10, 2002 CONGRESSIONAL MEDALS FOR true that some individuals were more the Sept. 11 plot are plausible, but they have CREW AND PASSENGERS OF responsible for taking control of the no information that would verify those FLIGHT 93 plane away from the terrorists than claims. The officials could not corroborate Mo- Mr. SPECTER. Mr. President, I have others. But all were present. And all of those who were present were acces- hammed’s statements that the U.S. Capitol sought recognition to proceed as if in was the intended target of the fourth plane morning business to discuss legislation sories to heroism. They lent their sup- or that nuclear power plants had also been I have pending, S. 1434, a bill which has port by their presence. Of course, they considered as potential targets for the Sept. 69 cosponsors, which would give the could not go anywhere else, but the 11 attacks. Congressional Medal to all of the crew passengers brought down the plane. Abu Zubaydah, a top al-Qaida leader in and passengers on flight 93 which And the passengers saved the Capitol of U.S. custody since March, told interrogators crashed in Shanksville, PA, on Sep- the United States. that the White House was the fourth plane’s tember 11, 2001. Interestingly, just yesterday, The target, U.S. officials have said. As we know from cellphone conversa- New York Times published a release U.S. officials regard Mohammed as one of tions from passengers on that plane, which contains confirmation from key the highest-ranking al-Qaida leaders still at al-Qaida operatives that flight 93 was, large and believe he is still planning attacks the passengers took over the plane against U.S. interests. U.S. officials say from the terrorists, at least to the ex- in fact, headed for the Capitol. That Binalshibh belonged to a Hamburg-based cell tent of depriving the terrorists control has been a fairly accepted conclusion, led by Mohammed Atta, an Egyptian sus- where the terrorists, as was widely sus- but this is what the New York Times pected of leading the Sept. 11 hijackers. pected, were headed for the Capitol of story of yesterday, September 9, says: ‘‘I am the head of the al-Qaida military the United States. And the plane Yosri Fouda, correspondent for the committee and Ramzi (Binalshibh) is the co- crashed in Shanksville, PA, killing all satellite station Al-Jazeera, told The ordinator of the ‘Holy Tuesday’ operation,’’ of those on board. Associated Press that he was taken, Fouda quoted Mohammed as saying. Sept. 11, It seems to me this is a unique place blindfolded, to a secret location in 2001 fell on a Tuesday. for the Congressional Gold Medal, be- Pakistan to meet Khalid Shaikh Mo- Mohammed said planning for the attacks 1 cause those passengers saved the Con- hammed and Ramzi Binalshibh in a began 2 ⁄2 years before Sept. 11 and that the first targets considered were nuclear facili- gress. Had that plane reached the Cap- June interview arranged by al-Qaida ties. itol, this Chamber would not now be in operatives. We ‘‘decided against it for fear it would go existence, nor the Rotunda, nor the The thrust of the story is that the al- out of control,’’ Fouda quoted Mohammed as House of Representatives. It is hard to Qaida operatives said that flight 93 was saying. ‘‘You do not need to know more than say in the morning, perhaps mid- headed for the Capitol. So, in essence, that at this stage, and anyway it was eventu- morning, how many Members of the I think we have waited long enough. I ally decided to leave out nuclear targets—for Congress of the United States and staff think this action ought to be com- now.’’ would not be here today. In seeking pleted before sunset on September 11, Fouda, an Egyptian reporter and host of this recognition, it is a very unique op- 2002. And I hope we can work out an ac- al-Jazeera’s investigative program ‘‘Top Se- portunity to acknowledge those pas- commodation from the Members who cret,’’ said he flew to Islamabad, the Paki- are now with varying points of view. stani capital, and from there to Karachi on sengers. al-Qaida instructions. In Karachi, he was This bill has languished because it But, as I say, I will ask unanimous con- taken blindfolded and via a complicated has gotten tied up, as it is not uncom- sent that the bill be acted upon before route to an apartment where he met the two mon for legislation to be tied up for a sunset tomorrow. men. variety of other reasons. There are Mr. President, I ask unanimous con- Fouda, speaking by telephone from Lon- some who want to give medals to ev- sent that the full text of this New York don, said al-Qaida operatives told him not to eryone who died on September 11, Times report identifying from al-Qaida bring any electronic equipment—including a which I think is a fine idea. There are operatives the fact that this plane, camera or recorder—to the interview. The al- some who want to give medals to all of flight 93, was headed for the Capitol, be Qaida members videotaped the interview but instead of sending a copy of the video as those who were in the rescue squads printed in the RECORD. There being no objection, the article promised, sent him only the audiotape, he from the police precincts or fire sta- said. tions or the Port Authority. And there, was ordered to be printed in the At one point while being led to the meet- again, I think that is a commendable RECORD, as follows: ing, Fouda said he thought he was going to idea. And all the ideas to recognize [From the New York Times, Sept. 9, 2002] meet bin Laden. Speculation has been rife other people may be fine, but they can REPORT: CONGRESS WAS ON 9/11 LIST that the al-Qaida leader may be in Pakistan take their turn on legislation. (By the Associated Press) after fleeing U.S. attempts to kill or catch him in neighboring Afghanistan. But this legislation ought to be en- DUBAI, United Arab Emirates—The U.S. acted before sunset tomorrow, before Congress was the fourth American landmark Fouda said during the two days he spent September 11, 2002, expires. I am now on al-Qaida’s Sept. 11 hit list and the terror talking to the two, Mohammed once referred working with some of my colleagues in group also considered striking U.S. nuclear to bin Laden in the past tense, leading him to believe bin Laden could be dead. the Senate to accomplish that. If we facilities, according to a purported interview The U.S. officials said they do not consider cannot accomplish that, then I am with two al-Qaida fugitives wanted in the terrorist attack. Mohammed’s use of the past tense to refer to going to ask unanimous consent to call Yosri Fouda, correspondent for the sat- bin Laden as any sort of definitive evidence up S. 1434, which has 69 cosponsors. It ellite station Al-Jazeera, told The Associ- that he is dead. should have been discharged from com- ated Press that he was taken, blindfolded, to Fouda said he also learned that Atta, the mittee a long time ago. With 69 cospon- a secret location in Pakistan to meet Khalid chief hijacker, had been a sleeper operative sors, that is 18 more votes than nec- Shaikh Mohammed and Ramzi Binalsshibh in Germany since 1992 and started detailed essary to pass legislation in the Sen- in a June interview arranged by al-Qaida planning with a 1999 meeting in Afghanistan ate. operatives. with other sleepers. There is a bill in the House of Rep- Founda said he has waited until now to air Once in America, Atta communicated with resentatives which approaches the the audiotaped interview—it is scheduled to higher ranking al-Qaida officials via e-mail, be broadcast Thursday on the pan-Arab sat- issue slightly differently. The proposal Fouda wrote. But when he had determined ellite station—because he wanted to include everything was ready, he telephoned in the House is to leave the decision up it in a documentary marking the first anni- Binalshibh in Germany to tell him the date, to the Attorney General of the United versary of the Sept. 11 attacks. suing a riddle that referred to the shapes of States. Well, that might be a good idea In an article in London’s Sunday Times, the numbers 9 and 11. if there was something for the Attor- Fouda wrote that he learned during the Al-Jazeera, the Qatar-based satellite ney General to determine that we do interviews that the U.S. Congress had been broadcaster, has drawn world attention with not now know. But all of the knowable al-Qaida’s fourth Sept. 11 target. Two hi- its broadcast of interviews with and state- jacked planes slammed into the World Trade facts as to what happened on flight 93 ments by bin Laden and his top lieutenants. Center, another into the Pentagon, and a Mr. SPECTER. I thank the Chair and are now known. fourth went down in a Pennsylvanian field. The Attorney General cannot con- U.S. counterterrorism officials, speaking yield the floor. duct an investigation and pinpoint any on condition of anonymity, said many of Mo- The PRESIDING OFFICER. The Sen- specific individuals. And it is doubtless hammed’s statements about the origins of ator from Nevada.

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8435 ORDER OF BUSINESS Mr. HOLLINGS. I thank the distin- Towers were attacked and collapsed. Mr. REID. Mr. President, this has guished leader. I think he has certainly Every American will always remember been an unusual day. Earlier today, the accommodated the Senator from South where they were when they heard a hi- majority wanted to vote on the Thomp- Carolina. I definitely understand Sen- jacked plane had crashed into the Pen- son amendment. We were led to be- ator THOMPSON is not here. I wanted to tagon, only a few blocks from where I lieve, not wrongly, that the minority offer it while he is here so we can talk am sharing these thoughts this after- did not want a vote on that today. So about it. But we will offer it at that noon. Every American will always re- we decided we would not vote on that particular time on Thursday. member how they felt upon learning today. We learned, later in the day, The PRESIDING OFFICER. Is there that a group of passengers fought back objection to the request of the Senator that Senator THOMPSON wanted a vote against the terrorists who hijacked on his amendment today. By then, peo- from Nevada? their plane before it crashed in the ple had gone home for September 11 oc- Without objection, it is so ordered. field of Pennsylvania. September 11, currences. f 2001, is a day that will be etched in all So now we are in a position where SEPTEMBER 11, 2001, of our memories for the rest of our lives and etched in history forever. Senator THOMPSON thought there ANNIVERSARY Although all Americans went would be nothing happening on his bill Mr. DODD. Mr. President, I rise this today, and he left to do other things. through that day together, we will al- afternoon to share a few thoughts on ways share its memory. Last Sep- We have learned that the distin- the eve of tomorrow’s anniversary of guished Senator from South Carolina, tember 11 was also a deeply personal the terrorist attack, September 11, day for each and every one of us. We Mr. HOLLINGS, now wishes to offer a 2001. Tomorrow, a lot of our colleagues, each had our own highly personal expe- second-degree amendment to the both in this Chamber and the other Thompson amendment. I have not been riences during those horrid hours that body, will be expressing themselves, began in the early morning—that won- able to speak to Senator THOMPSON. I with many Members attending memo- derful clear, bright, cloudless sky over have spoken, on a couple of occasions, rial services at the Pentagon. The Sen- to the Senator from South Carolina. the eastern part of our country. ate, as a body, plans to come together For me, the hours and days and It would be my suggestion, therefore, late tomorrow morning to meet as a weeks following the terrorist attacks that the Senator from South Carolina body and to share our thoughts with were filled with immensely mixed emo- speak on his amendment, and that on the country about the events of a year tions, as most of my colleagues know. Thursday, when we come back on this ago. I take this opportunity to remem- I see my friend and colleague from homeland security bill again, the Sen- ber and to honor the nearly 3,000 of our Texas on the floor. We shared the great ator from South Carolina be recognized fellow citizens and others who had joy last year of having children come to offer his amendment. come to this country to work—not all into our lives. My first child, my We would be taking no advantage of were Americans; the majority were— daughter Grace, was born just 48 hours the minority because, as everyone but lost their lives 1 year ago tomor- after the attacks, born on September knows, the majority leader has the row in one of America’s darkest of 13, at a hospital right across the river right of first recognition. And we have days. in Virginia. From the window of the indicated to the Senator from South I also join all of America in paying maternity ward, my wife Jackie and I Carolina that he would be in order to tribute once again to the countless watched the smoke rising from the offer that amendment, unless we can men and women whose acts of bravery still-burning Pentagon as we held our work something out with Senator and heroism so inspired us on that day newborn child in our hands. THOMPSON that it need not be offered. and the days that followed the tragedy I can still vividly recall trying to f of September 11, and continue to serve balance my feelings of incredible, in- as a solemn reminder that the Amer- tense joy with this new beautiful life, MORNING BUSINESS ican spirit shines as bright as ever de- mixed with the powerful feelings of Mr. REID. So I ask unanimous con- spite the events of that day, that hor- horror and trepidation over what kind sent, Mr. President, that we go to a pe- rible day a year ago. of a world my daughter Grace would riod of morning business, now, until 6 Thousands of families across this grow up in, in the 21st century. o’clock today, with Senators allowed great country of ours, including fami- Something heartened me that day. I to speak therein for a period of up to 10 lies in my home State of Connecticut— have told this story on numerous occa- minutes each. I hope that we would families in my State lost some 149 peo- sions. In the hospital as my wife held have consent that Senator HOLLINGS ple, most of whom lost their lives in our newborn daughter, many of the could offer the amendment; otherwise, the World Trade Center—these families doctors and nurses, several of them we would, of course, have Senator and their loved ones have endured a who held her shortly after she was DASCHLE come and offer that on Thurs- year of unimaginable grief and unborn, came from places outside of day. imaginable bravery. Every American America to become citizens. Three of Is the Senator from South Carolina grieves with them as many of our fel- them came from Afghanistan, Paki- satisfied with that? low citizens the world over from stan, and Lebanon. Here we are, 48 Mr. HOLLINGS. That I be allowed to around the globe have shared with us hours after the events, those countries offer it at what time on Thursday? the sense of grief and horror of a year had been the places of refuge for those Mr. REID. We have not decided what ago and have continued to relate to us engaged in the attacks on our country, time Thursday, but we do not go to the and to share their thoughts and pray- and here were people from that very bill until Thursday afternoon be- ers with all Americans as a result of part of the world, United States citi- cause—— our commemoration of the events of 12 zens today, nurturing and caring for Mr. HOLLINGS. If I could at least months ago. my newborn daughter. get an hour of debate, or whatever it is, Over the past 12 months, I have heard That was all the evidence I needed at on my amendment before we vote on countless stories, tragedies that were that particular moment that America the Thompson amendment. once unthinkable. In Connecticut, I was attacked not for who we are, but Mr. REID. Yes. On the Thompson know of a man who lost both his wife for what we stand for: Freedom, lib- amendment itself, we were planning to and his only child on that day a year erty, and community. And we shared do an hour and a half to 2 hours of de- ago; of parents who lost their young something very powerful in common: bate prior to voting on it. That was the children in their twenties, just begin- We were devastated over the attacks, plan. Now, with you offering this sec- ning their lives as young adults, with and we were never prouder to be Amer- ond-degree amendment, I don’t know professional careers; of wives who had icans, almost simultaneously. what the pleasure of Senator THOMPSON received the last phone calls from their Word was already out that the ter- would be. But we will work on that husbands before the Twin Towers fell. rorist attacks were the work of al- today, and tomorrow if necessary, with Every American will always remem- Qaeda, a fanatical group which hi- your staff and his. ber where they were when the Twin jacked planes, but also an otherwise

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Federal Bureau of Investigation concerning Word was out that Osama bin Laden So I am so proud that I have two ba- each child abduction for which an alert is and his minions of hate thought that bies born in 2001, and I have the firmest issued through the AMBER Alert communications network. by attacking us, our buildings, our commitment to make sure we do every- ø(d) COOPERATION.—The Coordinator shall Pentagon, and our planes, they could thing in our power to assure that they cooperate with the Secretary of Transpor- somehow divide our great Nation and have the freedom and the love of this tation and the Federal Communications somehow weaken our resolve to be a country and the diversity we champion Commission in carrying out activities under global power, to be a force for freedom and the tolerance we have shown to the this section. and democracy around the globe. world. That is the way people should øSEC. 3. MINIMUM STANDARDS FOR ISSUANCE Word was out that those who hate AND DISSEMINATION OF ALERTS live. I thank the Senator for his re- THROUGH AMBER ALERT COMMU- the United States simply for who we marks. I just wanted to say how their NICATIONS NETWORK. are, for our freedoms, our prosperity, lives will be intertwined forever. ø(a) ESTABLISHMENT OF MINIMUM STAND- and our diversity, thought that by Mr. DODD. I thank the Senator. ARDS.—Subject to subsection (b), the AMBER Alert Coordinator of the Department of Jus- murdering thousands of innocent f Americans and shattering the lives of tice shall establish minimum standards for— ø thousands of families, our Nation NATIONAL AMBER ALERT (1) the issuance of alerts through the NETWORK ACT OF 2002 AMBER Alert communications network; and would somehow lose its ability to func- ø(2) the extent of the dissemination of tion as a great democracy. The PRESIDING OFFICER (Mr. MIL- alerts issued through the network. They were wrong. We are today LER). The Senator from Texas. ø(b) LIMITATIONS.—(1) The minimum stand- stronger, I argue, than ever. Mrs. HUTCHISON. Mr. President, I ards established under subsection (a) shall be September 11 changed America for- ask unanimous consent the Senate im- adoptable on a voluntary basis only. ever. At one level, the attacks made us mediately proceed to Calendar No. 566, ø(2) The minimum standards shall, to the aware of our vulnerabilities and forced S. 2896. maximum extent practicable (as determined The PRESIDING OFFICER. The by the Coordinator in consultation with us to realize there is no such thing as State and local law enforcement agencies), the unthinkable. Yet at another level, clerk will report the bill by title. provide that the dissemination of an alert the way in which the entire Nation The assistant legislative clerk read through the AMBER Alert communications came together, in the days and weeks as follows: network be limited to the geographic areas and months after the attacks, has A bill (S. 2896) to enhance the operation of most likely to facilitate the recovery of the served as a profound and inspirational the AMBER Alert communications network abducted child concerned. reminder to strengthen the American in order to facilitate the recovery of ab- ø(3) In carrying out activities under sub- people and the breadth and depth of the ducted children, to provide for enhanced no- section (a), the Coordinator may not inter- tification on highways of alerts and informa- fere with the current system of voluntary co- American spirit. ordination between local broadcasters and So as we mark this historic day, a tion on such children, and for other purposes. State and local law enforcement agencies for day of sadness, we look back and re- purposes of the AMBER Alert communica- member September 11, not just for the There being no objection, the Senate tions network. tragedy it evokes but also in renewing proceeded to consider the bill, which ø(c) COOPERATION.—(1) The Coordinator our faith in the greatness of the won- had been reported from the Committee shall cooperate with the Secretary of Trans- derfulness of our Nation, in which we on the Judiciary, with an amendment portation and the Federal Communications Commission in carrying out activities under are charged temporarily to be to strike all after the enacting clause and inserting in lieu thereof the fol- this section. custodians, as Members of this body, to ø(2) The Coordinator shall also cooperate see that that daughter of mine and the lowing: with local broadcasters and State and local children of our colleague from Texas [Strike the part printed in black law enforcement agencies in establishing grow up in a world far safer than what brackets and insert the part printed in minimum standards under this section. we witnessed a year ago. That becomes italic.] øSEC. 4. GRANT PROGRAM FOR NOTIFICATION our collective responsibility as public Be it enacted by the Senate and House of Rep- AND COMMUNICATIONS SYSTEMS resentatives of the United States of America in ALONG HIGHWAYS FOR RECOVERY officials: To put aside differences and, Congress assembled, OF ABDUCTED CHILDREN. wherever we can, to work together as ø(a) PROGRAM REQUIRED.—The Secretary of øSECTION 1. SHORT TITLE. Transportation shall carry out a program to one people to make our country strong- øThis Act may be cited as the ‘‘National provide grants to States for the development er and better, to achieve that sense of AMBER Alert Network Act of 2002’’. or enhancement of notification or commu- perfection that the Founders of our Na- øSEC. 2. NATIONAL COORDINATION OF AMBER tion envisioned more than 200 years nications systems along highways for alerts ALERT COMMUNICATIONS NET- and other information for the recovery of ab- WORK. ago. ducted children. ø(a) COORDINATION WITHIN DEPARTMENT OF With those thoughts in mind, I ex- ø(b) ACTIVITIES.—Activities funded by tend my deepest sympathies, my JUSTICE.—The Attorney General shall assign grants under the program under subsection thoughts, and prayers to the families an officer of the Department of Justice to (a) may include— act as the national coordinator of the ø(1) the development or enhancement of in my State and across our Nation who AMBER Alert communications network re- still grieve terribly for the loss they electronic message boards along highways garding abducted children. The officer so and the placement of additional signage suffered a year ago. designated shall be known as the AMBER I yield the floor. along highways; and Alert Coordinator of the Department of Jus- ø(2) the development or enhancement of The PRESIDING OFFICER. The Sen- tice. other means of disseminating along high- ø ator from Texas. (b) DUTIES.—In acting as the national co- ways alerts and other information for the re- Mrs. HUTCHISON. Before Senator ordinator of the AMBER Alert communica- covery of abducted children. DODD leaves the floor, I appreciate so tions network, the Coordinator shall— ø(c) FEDERAL SHARE.—The Federal share of ø much his beautiful remarks. We do (1) seek to eliminate gaps in the network, the cost of any activities funded by a grant including gaps in areas of interstate travel; under the program under subsection (a) may share something very special, and that ø(2) work with States to encourage the de- is that each of us had a new baby— not exceed 50 percent. velopment of additional elements (known as ø(d) DISTRIBUTION OF GRANT AMOUNTS ON mine through adoption, yours with local AMBER plans) in the network; GEOGRAPHIC BASIS.—The Secretary shall, to your wife. It was right during that very ø(3) work with States to ensure appro- the maximum extent practicable, ensure the sad time. I think it was so helpful to priate regional coordination of various ele- distribution of grants under the program have this new life I knew then we were ments of the network; and under subsection (a) on an equitable basis fighting for, to make sure that my ø(4) act as the nationwide point of contact throughout the various regions of the United young son and my young daughter for— States. ø(A) the development of the network; and ø would have the same kind of life as I (e) ADMINISTRATION.—The Secretary shall ø(B) regional coordination of alerts on ab- prescribe requirements, including applica- did. ducted children through the network. tion requirements, for grants under the pro- I know you feel that way about ø(c) CONSULTATION WITH FEDERAL BUREAU gram under subsection (a). Grace, and to look out from her birth OF INVESTIGATION.—In carrying out duties ø(f) AUTHORIZATION OF APPROPRIATIONS.— to see the Pentagon smoldering must under subsection (b), the Coordinator shall (1) There is authorized to be appropriated for

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the Department of Transportation for fiscal (2) The Coordinator shall cooperate with the (e) ADMINISTRATION.—The Secretary shall pre- year 2003 such sums as may be necessary to Secretary of Transportation and the Federal scribe requirements, including application re- carry out this section. Communications Commission in carrying out ac- quirements, for grants under the program under ø(2) Amounts appropriated pursuant to the tivities under this section. subsection (a). authorization of appropriations in paragraph (3) In preparation for carrying out duties (f) AUTHORIZATION OF APPROPRIATIONS.—(1) (1) shall remain available until expended. under subsection (b), the Coordinator shall con- There is authorized to be appropriated for the øSEC. 5. GRANT PROGRAM FOR SUPPORT OF sult with the National Center for Missing and Department of Transportation for fiscal year AMBER ALERT COMMUNICATIONS Exploited Children and other private sector enti- 2003 such sums as may be necessary to carry out PLANS. ties and organizations (including non-profit or- this section. ø(a) PROGRAM REQUIRED.—The Attorney ganizations) having expertise in matters relating (2) Amounts appropriated pursuant to the au- General shall carry out a program to provide to such duties. thorization of appropriations in paragraph (1) grants to States for the development or en- SEC. 3. MINIMUM STANDARDS FOR ISSUANCE shall remain available until expended. hancement of programs and activities for the AND DISSEMINATION OF ALERTS SEC. 5. GRANT PROGRAM FOR SUPPORT OF support of AMBER Alert communications THROUGH AMBER ALERT COMMU- AMBER ALERT COMMUNICATIONS plans. NICATIONS NETWORK. PLANS. ø(b) ACTIVITIES.—Activities funded by (a) ESTABLISHMENT OF MINIMUM STAND- (a) PROGRAM REQUIRED.—The Attorney Gen- grants under the program under subsection ARDS.—Subject to subsection (b), the AMBER eral shall carry out a program to provide grants (a) may include— Alert Coordinator of the Department of Justice to States for the development or enhancement of ø(1) the development and implementation shall establish minimum standards for— programs and activities for the support of of education and training programs, and as- (1) the issuance of alerts through the AMBER AMBER Alert communications plans. sociated materials, relating to AMBER Alert Alert communications network; and (b) ACTIVITIES.—Activities funded by grants (2) the extent of the dissemination of alerts communications plans; under the program under subsection (a) may in- issued through the network. ø(2) the development and implementation clude— (b) LIMITATIONS.—(1) The minimum standards of law enforcement programs, and associated (1) the development and implementation of established under subsection (a) shall be adopt- equipment, relating to AMBER Alert com- education and training programs, and associ- munications plans; and able on a voluntary basis only. (2) The minimum standards shall, to the max- ated materials, relating to AMBER Alert com- ø(3) such other activities as the Secretary imum extent practicable (as determined by the munications plans; considers appropriate for supporting the Coordinator in consultation with State and (2) the development and implementation of AMBER Alert communications program. local law enforcement agencies), provide that law enforcement programs, and associated ø(c) FEDERAL SHARE.—The Federal share of equipment, relating to AMBER Alert commu- the cost of any activities funded by a grant the dissemination of an alert through the AMBER Alert communications network be lim- nications plans; and under the program under subsection (a) may (3) such other activities as the Attorney Gen- not exceed 50 percent. ited to the geographic areas most likely to facilitate the recovery of the abducted child con- eral considers appropriate for supporting the ø(d) DISTRIBUTION OF GRANT AMOUNTS ON AMBER Alert communications program. GEOGRAPHIC BASIS.—The Attorney General cerned. (3) In carrying out activities under subsection (c) FEDERAL SHARE.—The Federal share of the shall, to the maximum extent practicable, (a), the Coordinator may not interfere with the cost of any activities funded by a grant under ensure the distribution of grants under the current system of voluntary coordination be- the program under subsection (a) may not ex- program under subsection (a) on an equitable tween local broadcasters and State and local ceed 50 percent. basis throughout the various regions of the law enforcement agencies for purposes of the (d) DISTRIBUTION OF GRANT AMOUNTS ON GEO- United States. AMBER Alert communications network. GRAPHIC BASIS.—The Attorney General shall, to ø(e) ADMINISTRATION.—The Attorney Gen- (c) COOPERATION AND CONSULTATION.—(1) The the maximum extent practicable, ensure the dis- eral shall prescribe requirements, including Coordinator shall cooperate with the Secretary tribution of grants under the program under application requirements, for grants under of Transportation and the Federal Communica- subsection (a) on an equitable basis throughout the program under subsection (a). the various regions of the United States. ø tions Commission in carrying out activities (f) AUTHORIZATION OF APPROPRIATIONS.— (e) ADMINISTRATION.—The Attorney General (1) There is authorized to be appropriated for under this section. (2) The Coordinator shall also cooperate with shall prescribe requirements, including applica- the Department of Justice for fiscal year 2003 local broadcasters and State and local law en- tion requirements, for grants under the program such sums as may be necessary to carry out forcement agencies in establishing minimum under subsection (a). this section. standards under this section. (f) AUTHORIZATION OF APPROPRIATIONS.—(1) ø(2) Amounts appropriated pursuant to the (3) The Coordinator shall also consult with There is authorized to be appropriated for the authorization of appropriations in paragraph the National Center for Missing and Exploited Department of Justice for fiscal year 2003 such (1) shall remain available until expended.¿ Children and other private sector entities and sums as may be necessary to carry out this sec- SECTION 1. SHORT TITLE. organizations (including non-profit organization. This Act may be cited as the ‘‘National tions) having an expertise in matters relating to (2) Amounts appropriated pursuant to the au- AMBER Alert Network Act of 2002’’. the minimum standards to be established under thorization of appropriations in paragraph (1) SEC. 2. NATIONAL COORDINATION OF AMBER this section in establishing the minimum stand- shall remain available until expended. ALERT COMMUNICATIONS NETWORK. ards. Mrs. HUTCHISON. Mr. President, I (a) COORDINATION WITHIN DEPARTMENT OF SEC. 4. GRANT PROGRAM FOR NOTIFICATION AND would like to speak on the bill. My col- JUSTICE.—The Attorney General shall assign an COMMUNICATIONS SYSTEMS ALONG league, Senator FEINSTEIN, will speak, officer of the Department of Justice to act as the HIGHWAYS FOR RECOVERY OF AB- national coordinator of the AMBER Alert com- DUCTED CHILDREN. and then I would like to have the bill munications network regarding abducted chil- (a) PROGRAM REQUIRED.—The Secretary of passed following those remarks. dren. The officer so designated shall be known Transportation shall carry out a program to Mr. President, I am so proud that the as the AMBER Alert Coordinator of the Depart- provide grants to States for the development or Senate Judiciary Committee has al- ment of Justice. enhancement of notification or communications ready passed the AMBER Alert bill on (b) DUTIES.—In acting as the national coordi- systems along highways for alerts and other in- which Senator FEINSTEIN and I worked nator of the AMBER Alert communications net- formation for the recovery of abducted children. during the recess, after the tragic hap- work, the Coordinator shall— (b) ACTIVITIES.—Activities funded by grants (1) seek to eliminate gaps in the network, in- under the program under subsection (a) may in- pening in California with the teenage cluding gaps in areas of interstate travel; clude— girls who were lost but then found be- (2) work with States to encourage the develop- (1) the development or enhancement of elec- cause of AMBER Alert, and the tragic ment of additional elements (known as local tronic message boards along highways and the kidnapping in Texas of a baby who was AMBER plans) in the network; placement of additional signage along high- also found because of the AMBER (3) work with States to ensure appropriate re- ways; and Alert. gional coordination of various elements of the (2) the development or enhancement of other Although in numbers the child ab- network; and means of disseminating along highways alerts (4) act as the nationwide point of contact and other information for the recovery of abductions through the summer weren’t for— ducted children. any more than previous years, they (A) the development of the network; and (c) FEDERAL SHARE.—The Federal share of the seemed so much more because we knew (B) regional coordination of alerts on ab- cost of any activities funded by a grant under about them and we were able to do ducted children through the network. the program under subsection (a) may not ex- something about them. Not all of them (c) CONSULTATION AND COOPERATION.—(1) In ceed 50 percent. have had a happy ending, but more carrying out duties under subsection (b), the Co- (d) DISTRIBUTION OF GRANT AMOUNTS ON GEO- than ever before have had a happy end- ordinator shall notify and consult with the Di- GRAPHIC BASIS.—The Secretary shall, to the rector of the Federal Bureau of Investigation maximum extent practicable, ensure the dis- ing. concerning each child abduction for which an tribution of grants under the program under The realization that their child has alert is issued through the AMBER Alert com- subsection (a) on an equitable basis throughout been abducted must be the most terri- munications network. the various regions of the United States. fying nightmare a parent can endure.

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8438 CONGRESSIONAL RECORD — SENATE September 10, 2002 But that is what has happened to par- ment and broadcasters to define min- a State that doesn’t have an AMBER ent after parent in our country. imum standards. Overall, the AMBER Alert, let us get one. Let me tell you The AMBER Alert bill is named for Alert Coordinator’s efforts will set why. Amber Hagerman, who was abducted safeguards to make sure the AMBER Seventy-four percent of the children when she was 9 years old, riding her bi- system is used to meet its intended who are abducted are lost within the cycle near her home in Arlington, TX, purpose. first day. Therefore, if you can identify in 1996. Amber was murdered. But her In addition, the bill provides for the abductor, if you can identify a li- mother and law enforcement personnel matching grant programs at the De- cense plate, you may well save the life in the Arlington-Dallas-Fort Worth partment of Transportation and the of a child. area believed so strongly there should Department of Justice. The grant pro- I think that came in loudly and be some way to do something that grams will help localities and states clearly to both Senator HUTCHISON and would find these children that they build or further enhance their efforts me in the Judiciary Committee. created the AMBER Alert on a local to disseminate AMBER Alerts. To this The Senator mentioned Nichole level. end, the matching grant programs will Timmons and her mother Sharon. It Today, cities, regions, and States fund road signage and electronic mes- was interesting. Nichole was kidnapped have established AMBER Alerts and 30 sage boards along highways, dissemina- by the gardener who worked at their abducted children have been found and tion of information on abducted chil- home. She was taken across the State rescued because of the AMBER Alert. dren, education and training, and re- line from Riverside County into Ne- Most of the credit for this remark- lated equipment. vada. Within 24 hours, a tribal officer able record goes to the National Center When a child is lost, the whole com- in Nevada recognized the license plate for Missing and Exploited Children, munity grieves along with the family. of the vehicle, and that went out on an which provides technical guidance to An AMBER Alert channels this energy AMBER Alert. There was duct tape in communities and coordination among to a positive purpose. Tips from aver- that car. There was a metal rod in that widely separated AMBER networks. age citizens have resulted in the safe car. If the license had not been run, And the Center could not be effective and rapid recovery of many children. Nichole never would have come home. without the willing cooperation of the We can spread the work about abducted The AMBER Alert worked. National Association of Broadcasters children across county and state lines In my State of California, we have and local television and radio stations quickly, before the kidnappers have the only had the AMBER Alert for about a across the nation. chance to cover their tracks and get month. There have been 13 AMBER As we have witnessed this summer, too far away. Alerts. One was a misstep. Eight were AMBER Alert plans in different com- I was very touched, when Senator stranger abductions. Four were family- munities have been effective in bring- FEINSTEIN and I decided we were going related abductions. All 12 of those chil- ing children home safely. Recently, an to introduce this National AMBER dren were returned. Never before have I AMBER Alert was sent out to search Alert bill, that Mr. Ed Smart, the fa- seen a statistic such as that. for 10-year-old Nichole Timmons of ther of Elizabeth Smart, who was ab- We know the AMBER Alert works. Riverside, California. The Alert was ducted from her home in Utah and who Now we have an opportunity to get this not only delivered throughout Cali- has not been found, had a press con- nationwide. fornia but contacts also were made in ference with Senator BENNETT from I think the bill is thoughtful. I think neighboring states, and Nichole was Utah to say: Please enact this national it is well set out. found in Nevada. Nichole and her fam- system. Maybe it could have helped if Since 1996, when the AMBER Alert ily were extremely lucky because dedi- we had had that in place. went into being, it has been credited Senator HATCH from Utah was so cated people at the National Center for with the return of 30 children to their helpful in making sure the Judiciary Missing and Exploited Children made families, including one case in which Committee did expedite the passage of the effort to notify every possible juris- the abductor, interestingly enough, re- this bill. We could not have done it diction, and local broadcasters devoted leased the child himself after hearing without Senator LEAHY, who allowed previous air time to the Alert. The vast the alert. In other words, it can act as us to go forward, really, in miracle majority of States, however, do not yet a deterrent as well. record time. Senator CLINTON came for- have comprehensive, statewide cov- What is more important than our ward immediately to offer her help. So erage and lack the ability to effec- children, other than war and peace? I we have had a lot of people working on don’t think anything. This is really im- tively communicate between plans. this issue. I do not think the Senate portant because it means you can avoid This is a critical issue particularly has ever come together so uniformly a child being murdered simply by when an abducted child is taken across and so quickly to enact a piece of legis- State lines. lation as this AMBER Alert bill. issuing this AMBER Alert. Nichole’s case clearly illustrates the It is important that we enact this The Senator has indicated the var- need for a national AMBER network. bill and that the President be able to ious points of the bill. But I want to My bill, the National AMBER Alert sign it before we leave for a 3-month say this. The AMBER Alert is typically Network Act, prepared with the help of recess because there is no telling how issued only when a law enforcement my friend, DIANNE FEINSTEIN of Cali- many children could be helped if we agency confirms that a predatory child fornia, will fill the gaps that exist in had this in place and ready to go. abduction has occurred. When the child the current patchwork of AMBER sys- In memory of Amber Hagerman and is in imminent danger and there is in- tems. We will provide resources for for every family ravaged by the trag- formation available that is dissemi- states and communities to build their edy of child abduction, I urge my col- nated to the public, they can assist in AMBER Alert systems and spread in- leagues to pass the National AMBER the safe recovery of the child. formation to surrounding jurisdictions. Alert Network Act to safeguard Amer- In the bill, we have provided that the Our bill establishes an AMBER Alert ica’s children. Attorney General would set these min- Coordinator within the Department of The PRESIDING OFFICER. The Sen- imum standards. So the same stand- Justice to assist states with their ator from California is recognized. ards would be used across every State, AMBER Alert plans. The AMBER Alert Mrs. FEINSTEIN. Mr. President, I probably close to what I have read, and Coordinator will set minimum, vol- would like to begin by thanking the therefore avoid a plethora of unneces- untary standards to help states coordi- distinguished Senator from Texas for sary AMBER Alerts. We can have a nate when necessary. The AMBER her leadership, for her perspicacity, for system which really functions well in Alert Coordinator will help to rec- her work on this bill. We have to re- those cases where the likelihood is that oncile the different standards for what member this bill was introduced ex- something grievous could in fact hap- constitutes an AMBER alert. In doing actly 1 week ago. We had hearings. It is pen to that child. so, the Coordinator will work with ex- on the floor. It is going to be passed I am hopeful that we will shortly isting participants, including the Na- today. have a national system with 15 AMBER tional Center for Missing and Exploited I hope it sends a message to the Na- Alerts. We are very proud that the Na- Children, local and state law enforce- tion. I hope that message is, if yours is tional Association of Broadcasters is

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8439 strongly supportive. As you know, S. 2896—HUTCHISON-FEINSTEIN AMBER ALERT dren does not go unsolved, or when an AMBER Alert goes out, it BILL OF 2002 unpunished. interrupts the television program or CO-SPONSORS (38) Second, the legislation will create a radio program. It is on the highway. Democrats: Senators Biden, Carnahan, new Crimes Against Children Section That is what gives the broad knowl- Cleland, Clinton, Dayton, Dodd, Durbin, at the Department of Justice, tasked edge to people. Edwards, Feingold, Feinstein, Harkin, John- with prosecuting crimes against chil- son, Landrieu, Leahy, Bill Nelson, Rocke- dren; providing guidance and assist- Interestingly enough, at the hearing, feller, Stabenow, and Wyden. Marc Klaas was also there. His daugh- Republicans: Senators Allard, Bennett, ance to Federal, State, and local law ter Polly several years ago—in the Collins, Crapo, Ensign, Fitzgerald, Hatch, enforcement agencies and personnel mid-1990s—was taken from her bed- Helms, Hutchinson, Inhofe, Kyl, Lott, Lugar, who handle such cases; coordinating ef- room when she had a sleepover with a Santorum, Sessions, Gordon Smith, Snowe, forts with international law enforce- number of girls in her home. Someone Thurmond, Voinovich, and McConnell. ment agencies to combat crimes came into her home and took her. He Mrs. HUTCHISON. Mr. President, it against children; and acting as a liai- truly believes that had AMBER Alert is my understanding that other Sen- son with the legislative and judicial been in place, Polly might have been ator’s wish to speak. I was not sure if branches of government. saved. Senator NELSON wanted to speak before The bill also directs this new office in At that hearing, we had Nichole and we passed the bill. I want to make sure DOJ to create a national Internet site her mother. She was saved. And we had we pass the bill. I don’t know if we that will consolidate sex offender infor- Marc Klaas, who lost his daughter be- need to wait for other Senators before mation which States currently release cause there was not an AMBER Alert. we do that. under the federal reporting act. The bill also directs States that have For many of us, it was a real juxtaposi- The PRESIDING OFFICER. The Sen- not developed Internet sites to do so. tion. ator from Florida is recognized. Mr. NELSON of Florida. Mr. Presi- Currently, all 50 States have registra- I thank the Center for Missing and dent, if the Senator from Texas would tion statutes that require sex offenders Exploited Children. I thank my col- be amenable, while we are waiting for to register and to share information league, Senator HUTCHISON. I particu- Senators, I have remarks with regard with the United States Attorney Gen- larly thank the chairman of the Judici- to another matter. It is my under- eral through the Federal Bureau of In- ary Committee. Without Senator standing that we are in morning busi- vestigation, and over 30 States make LEAHY, this bill couldn’t have been put ness. I can accommodate you all in offender information available to the on the calendar, it couldn’t have been whatever way you would like. Senators public on the Internet. But not all marked up, and it couldn’t have been could insert their remarks in the States include all available informa- moved in the very short time in which RECORD after the fact. tion, and there is no single place to it was. Mrs. HUTCHISON. I think that is easily acquire this information about I think it has accomplished some- probably what we would like to do. I local sex offenders. The national data- thing for our children today. It will would like to then go forward. base will be such a place. pass unanimously. Only 15 States have Mrs. FEINSTEIN. Mr. President, over The legislation also prevents the use it. And hopefully other States are the last few months the American peo- of the so-called ‘‘Marital Privilege’’ to going to move very rapidly. Hopefully ple have awakened to the tragic reality allow one spouse to protect another in one day Senator HUTCHISON and I will that our children face the very real cases where a parent, guardian or su- be able to come before you, Mr. Presi- threat of predatory criminals each and pervising adult has abused a child in dent, and the rest of this body, and say every day. the home. If an adult is abusing a child that every State in the United States The airwaves have been filled with in his or her own home, it is vital to today has an AMBER Alert. Here are story after story of children who have put a stop to the situation. Allowing a the statistics, ladies and gentlemen. been abducted, sometimes to be found spouse to refuse to testify about the We have saved a lot of children and had alive later thanks to an AMBER alert abuse by asserting an outdated ‘‘mar- them returned to their parents. or good law enforcement work; some- ital privilege’’ puts the child at con- I only say to the Senator, my friend, times to be found, tragically, dead; and tinuing risk. This makes no sense. good work. I am delighted to be here sometimes never to be found at all. In order to assist law enforcement today. This is not a new problem, but the in- track and punish child predators and I thank my colleagues for voting for creased attention to the problem gives other violent criminals, this legisla- this bill. us a real opportunity to make some tion also expands the class of offenses The PRESIDING OFFICER. The Sen- much-needed changes in the law to pre- that are included in the Combined DNA ator from Texas. vent some of these horrible crimes and Index System, CODIS, by adding to the to better protect the children of this system all Federal felonies and addi- Mrs. HUTCHISON. Mr. President, I Nation. tional offenses that subject Federal of- thank the Senator from California for The bill Senator HATCH and I intro- fenders to sex registration require- jumping right in after the tragic ab- duce today will help ensure that law ments. Currently, only select Federal duction of the teenage girls. Those enforcement officers have the tools and offenses are entered in CODIS. lives were probably saved 5 minutes be- resources they need to find, prosecute, The bill makes two modifications to fore they would have been murdered. and severely punish those who commit Rule 414 of the Federal Rules of Evi- That is what the testimony was. It was crimes against innocent children. dence, which already allows evidence of the result of the AMBER Alert, which Specifically, the Hatch-Feinstein a defendant’s prior acts of child moles- is a statewide system in California. Child Crime Bill would do the fol- tation to be admitted in a criminal Senator FEINSTEIN, as the Senator lowing: child molestation case. from the home State, has an emotional First, the legislation directs the FBI Unfortunately, the definition of prior tie to this issue. I just hope we can pre- to establish a National Crimes Against acts of child abuse includes only chil- vent in other States other parents from Children Response Center. This Center dren under 14, so acts against 15 or 16- having this kind of scare in their lives. would have as its primary mission the year olds, for instance, are At least, if they have the scare, we will development of a comprehensive, rapid inadmissable. This legislation extends be able to help them and save the lives response plan to reported crimes in- the definition of ‘‘child’’ contained in of the most innocent in our society. Of volving the victimization of children. Rule 414 to include any person below course, that is our children. Working undoubtedly in conjunction the age of 18—rather than age 14. I send a list of cosponsors—we have with the National Center for Missing And the amendment also makes clear 38—to the desk and ask that they be and Exploited Children, the AMBER that where a defendant previously pos- printed in the RECORD. Alert systems nationwide, and other sessed what may have been virtual, as There being no objection, the list of agencies and private entities as well, opposed to actual, child pornography, cosponsors was ordered to be printed in this Center would be the focal point for such evidence is admissible under Rule the RECORD, as follows: seeing that the victimization of chil- 414.

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8440 CONGRESSIONAL RECORD — SENATE September 10, 2002 We have also included language to The PRESIDING OFFICER. Without It is the whole northeastern corridor, expand the Federal Wiretap Act by objection, it is so ordered. but somebody can drive through those adding as predicate offenses to the The committee amendment in the States in half the time it takes to statute, sex trafficking, sex exploi- nature of substitute was agreed to. drive, for example, across the State of tation, and other interstate sex of- The bill (S. 2896) was read the third Texas or the length of the State of fenses. Currently, the wiretap statute time and passed. California. So we have to be able to co- authorizes the interception of wire, Mrs. HUTCHISON. Thank you, Mr. ordinate. oral, or electronic communications in President. I thank the Senator from I think that is why so many came to- the investigation of just two sexual ex- Florida. gether on this: Senators HATCH, BIDEN, ploitation of children crimes. I do not know if a bill has ever gone DURBIN, EDWARDS, FEINGOLD, KYL, SES- To obtain a wiretap, law enforcement through the Senate any faster. It SIONS—and I think you have 34 cospon- authorities will still need to meet the couldn’t have happened without Sen- sors. strict statutory guidelines of the wire- ator LEAHY. I think passing this kind Mrs. HUTCHISON. Thirty-eight. tap statute and obtain authorization of bill before we leave for 3 months Mr. LEAHY. Thirty-eight. I thank from a court. could be responsible for saving lives. the Senator from Texas. The legislation would also extend the I am just so appreciative that we can The Senator from Florida represents maximum supervised release period go forward and that every single Sen- a State the length of which, if it went that applies to sexual offenders, by ator on both sides of the aisle will give in the other direction, it would go granting Federal judges the discretion their consent to this bill passing. across time zones. to impose up to lifetime periods of su- So, Mr. President, I thank the Sen- Incidentally, people may see the suc- pervised release for individuals who are ator from Vermont for his leadership cess stories on one or two television convicted of sexual abuse, sexual ex- and for helping us work through what programs, where there might have been ploitation, transportation for illegal could have been a delay, but it was not one last year or last month or last sexual activity, or sex trafficking of- because of his leadership. week, but the Department of Justice fenses. The PRESIDING OFFICER. The Sen- estimates the number of children taken Under current law, a judge can im- ator from Vermont is recognized. by strangers annually is between 3,000 pose no more than 5 years of supervised Mr. LEAHY. Mr. President, I thank and 4,000. That is terrible. release for a serious felony, and no my good friend from Texas for her kind This plan originated in Arlington, more than 3 years for a lesser cat- remarks, but I was simply able to expe- TX, after the murder of 9-year-old egorized offense. This amendment will dite the very good work that she and Amber Hagerman. We will help coordi- not require judges to impose a period of the distinguished Senator from Cali- nate. We will make sure the local, supervised release longer than 5 years; fornia have done. State, and Federal officials can work it simply authorizes them to do so I note that what has happened here is together. where the judge sees fit based on the an idea which has come from the Sen- But not only that, private citizens nature and circumstances of the par- ator from Texas and the Senator from will be involved because they will hear ticular case. Some sexual offenders California, who have worked together from State broadcasters or from law may pose a potential risk to their com- in a bipartisan fashion. Actually, this enforcement people. I don’t know of munities for longer than 5 years, and is a nonpartisan issue. They are both anybody who hears of a missing child discretion to supervise those offenders parents. The Senator from Texas who would not want to help. And this past an artificial time limit is simply knows how much I admire her work as will make that possible. common sense. a parent, as I do the Senator from Cali- So it will help kidnap victims. It will The legislation also increases the fornia. also preserve the flexibility of the maximum penalties that apply to cer- Whether or not you are a parent, the States because States are different in tain sexual offenses, by doubling the most terrifying experience is for a how they want to implement it. maximum penalties for sex offenses in- child to be suddenly missing, especially It is disturbing to see on TV or in the volving the trafficking of children and if foul play is involved. I am not talk- newspapers photo after photo of miss- other interstate elements. This will ing about a child getting lost on the ing children from every corner of the allow the Sentencing Commission, and way home from school who is going to Nation. As the father of three children, federal judges, greater latitude in de- show up an hour later because all the as well as a grandfather of one grand- termining sentences for the worst of of- neighbors are out looking for that son, with another grandchild on the fenders. No changes are made to man- child or a child who stayed too long at way, I know that an abducted child is datory minimums. Finally, we direct the Sentencing a friend’s house and forgot to call and a parent’s or grandparent’s worst Commission to review the guidelines then calls a frantic parent 45 minutes nightmare. that apply to child abuse and exploi- or an hour later and says, ‘‘Gee, I for- Unfortunately, it appears this night- tation offenses to determine whether got to tell you I was at Johnny’s or Su- mare is happening all too often. Indeed, they are sufficiently severe. sie’s house,’’ or something like that. the Justice Department estimates that Earlier this month Senator HUTCH- This comes into play in a case where, the number of children taken by INSON and I introduced legislation to much as you hate to suspect there may strangers annually is between 3,000 and help establish a national AMBER alert be foul play, there may well be. 4,000. These parents and grandparents, system. These systems have been prov- If you can return one child—one as well as the precious children, de- en effective in finding abducted chil- child—to the parents, look at what you serve the assistance of the American dren quickly, and most certainly sav- have done. If you can return hundreds, people and helping hand of the Con- ing some lives. That bill, which will which is the potential with this legisla- gress. pass tonight is one step in protecting tion, look how much more you have By coordinating their efforts, law en- our children from dangerous predators. done. forcement emergency management and The bill I introduce today with my It is the case where you have big transportation agencies, radio and tele- good friend Senator HATCH is simply States, such as those of the Senator vision stations, and cable systems have another piece of the anti-predator puz- from Texas and the Senator from Cali- worked to develop an innovative early zle. I hope my colleagues will join us in fornia. They come from very large warning system to help find abducted this effort. States: large graphically, large in pop- children by broadcasting information— Mrs. HUTCHISON. Mr. President, I ulation. I come from a very small including descriptions and pictures of ask unanimous consent that the Sen- State: small in geography, small in the missing child, the suspected abduc- ate agree to the committee substitute population. But if you can tie in my tor, a suspected vehicle, and any other amendment, that the bill, as amended, part of the country—the northeastern information available and valuable to be read a third time and passed, the part—we go from very small States, identifying the child and suspect—to motion to reconsider be laid upon the such as mine, to the bordering States the public as speedily as possible. table, and that any statements relating of New York and Massachusetts, which The AMBER Alert system’s popu- to the bill be printed in the RECORD. are much larger States in population. larity has raced across the United

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8441 States. Since the original AMBER Plan ELECTION REFORM States—those of us who have water- was established in 1996, 55 modified Mr. NELSON of Florida. Mr. Presi- ways and oceans and a search-and-res- versions have been adopted at local, re- dent, before the distinguished chair- cue element. I could not agree more gional, and statewide levels. Eighteen man of the Judiciary Committee leaves with that point. I am also going to be working on the States have already implemented the floor, I want to call to his atten- Federal Emergency Management Ad- statewide plans. It is also a proven suc- tion, which I did a few minutes ago to ministration. We know they have come cess—to date the AMBER Plan has his colleague, the distinguished chair- to our rescue many times, and we don’t been credited with recovering 30 chil- man of the Rules Committee, that, lo want to lose the ability of that agency dren. and behold, there are problems with to function in a natural disaster, as the voting equipment in Florida today This bipartisan legislation will au- well as, of course, utilizing them if, during the primary elections. It under- thorize the Attorney General, in co- God forbid, we have another terrorist scores the fact there is a need for this operation with the Secretary of Trans- attack. I think these are things on portation and the Chairman of the Fed- Congress to enact an election reform which we need to reflect. eral Communications Commission to package. I am very pleased that Senator BYRD appoint a Justice Department National In the Senate, we have passed a sub- has slowed us up on considering this AMBER Alert coordinator to oversee stantial bill which is a much different bill because it is not about an artificial the Alert’s communication network for version than has been passed by the date; it is about getting it right. abducted children. The AMBER Alert other body, the House of Representa- Mr. President, I am here in a very Coordinator will work with the States, tives. And the conference committee somber mood. We are approximately 15 broadcasters, and law enforcement has been unable to come to terms of hours away from the very moment 1 agencies to set up AMBER plans, serve agreement. year ago that our Nation was hit, and as a point of contact to supplement ex- If it can happen in Florida, almost 2 I want to take just a moment of the isting AMBER plans, and facilitate re- years after the awful experience that Senate’s time—maybe 15 minutes—to gional coordination of AMBER alerts. the Nation went through in disputed reflect on that day and, most of all, to ballots in the general election of No- It also directs the AMBER Alert co- remember the Californians we lost that vember 2000, it can happen anywhere. ordinator, in conjunction with the day, numbering 54. It was a circumstance which riveted FCC, local broadcasters, and local law For me, and perhaps for you and the attention of not only the Nation enforcement agencies, to establish vol- many Americans, September has really but the world with ballots that were untary guidelines for minimum stand- been a month of excitement and antici- confusing—ballots that were mis- ards in determining the criteria for pation. I have always loved September. counted because it was difficult to de- AMBER alerts and for the dissemina- It is the end of the summer, the begin- termine the intent of the voter. ning of a beautiful fall with the chang- tion of those alerts. As a result, our bi- In fact, the Florida legislature had ing of the leaves, back to school, and partisan bill helps kidnap victors while responded by providing appropriations perhaps a little quicker pace, a faster preserving flexibility for States in im- so that the various counties, through step. September, for most of us, never plementing the alert system. their supervisors of elections, could reminds us of loss, of fear, of shock, of Because developing and enhancing modernize and update voting equip- the horrors born of an extreme, unbri- the AMBER alert system is a costly en- ment, as well as procedures and pro- dled, blind hatred. deavor for States to take on alone, our viding voter education. In September, we found out about bipartisan bill establishes two Federal All of that has been in place in the those things. We also found out as a grant programs to share the burden. State of Florida, where all of our citi- Nation what heroism truly is, how First, the bill creates a Federal grant zens are so highly sensitive to the fact strong and united we can be, how we program, under the direction of the that their vote might not be counted, can set aside differences for the greater Secretary of Transportation for state- as happened in the experience 2 years good and work together. wide notification and communications ago. If it can happen in Florida today, The images of September 11 are deep systems, including electronic message as it literally has on primary election in our minds and deep in our souls. The boards and road signs, along highways night, then how much more likely will pain is there, just under the surface. for the recovery of abducted children. it happen in other States? And how For some of us in America, it is on the Second, the bill establishes a grant much more do we have to make the surface, and it will always be on the program managed by the Attorney case that it is so important for us to surface for the families who grieve, for General for the support of AMBER get resolution of the differences and the children who will never know a alert communications plans with law come to agreement in an election re- parent—thousands of them—for com- enforcement agencies and others in the form bill for the country as a whole? munities that were decimated. Today I want to remember those in community. That clearly is a matter that is rel- my State who died on that day. Each evant to the moment. As a result of the Our Nation’s children, parents and was unique. Every one of those planes discrepancies that have happened ear- grandchildren deserve our help to stop on that fated day was headed to Cali- lier today in Florida, the Governor has the disturbing trend of children abduc- fornia. So even though my State was extended the deadline for voting in tions. I am gratified the Senate has 3,000 miles away from Ground Zero, Florida from 8 o’clock Eastern time to passed the AMBER Alert National Net- from the World Trade Center or the 10 o’clock this evening. So the results work Act, and I hope the House and the Pentagon, we were linked in our sor- of the primary elections will be coming President will act expeditiously on this row, and we were linked in our outrage. important piece of legislation to en- in quite late. Yet it bears to be under- I am going to read the 54 names, and sure that our communications systems scored this is another reason we need then I am going to talk a little more help rescue abducted children from to pass the election reform bill. about some of the people whose fami- their kidnapers and return them safely The PRESIDING OFFICER. The Sen- lies wanted me to just say a little more to their families. ator from California is recognized. about them and show their picture to Mr. President, I thank the Senators f you. who have joined on this measure. David Angell; Lynn Angell; David IN MEMORY OF THE CALIFORNIA Aoyama; Melissa Barnes; Alan Beaven; I yield the floor and thank the distin- VICTIMS OF 9/11 Berry Berenson; Dr. Yen Betru; Carol guished Senator from Florida for his Mrs. BOXER. Mr. President, I thank Beug, and her mother Mary Alice courtesy in allowing me to speak. But the Senator from Florida for what he Wahlstrom died together on flight 93. I hope he will note, in honoring that, I said on the need to get homeland secu- Mary Alice is from Utah. tried to wear a suit as close in color to rity right. He touched on the Coast Mark Bingham; Deora Bodley; Touri his as possible. Guard as an example of where we don’t Bolourchi; Daniel Brandworst, Ronald The PRESIDING OFFICER. The Sen- want to lose the function of the Coast Gamboa, and their adopted son, David ator from Florida is recognized. Guard that is so important to our Brandhorst. He was 3 years old.

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8442 CONGRESSIONAL RECORD — SENATE September 10, 2002 Charles ‘‘Chic’’ Burlingame, the cap- keeping magazine and was researching In her father’s words: tain of American Airlines flight No. 77. and writing a nonfiction book to help She had that sweet baby quality. She could Technically, he was from McLean, VA, women boost their self-esteem. make you smile and forget your troubles for but his family is from California, and Lauren had enthusiasm and passion a little bit. they considered him a Californian, and for life, loved the outdoors and was de- Friend Heidi Barnes describes Nicole they said he considered himself a Cali- voted to physical fitness. She hiked, as very friendly and welcoming. She fornian. jogged, kayaked, and enjoyed in-line had a big heart, and it was open to ev- Thomas Burnett; Suzanne Calley; skating around her neighborhood. Her eryone. Jeffrey Collman; Dorothy DeAraujo; energy was boundless. She took classes Nicole lived in San Jose, CA, with Lisa Frost; Andrew Garcia; Edmund in cooking and gardening, scuba diving, her mother and stepfather. She at- Glazer; Lauren Grandcolas; Andrew and wine appreciation. Lauren was ac- tended local schools and graduated Curry Green; Richard Guadagno; Stan- tive with the United Way, March of from Pioneer High School in 1998. A ley Hall; Gerald Hardacre; John Hart; Dimes, Project Open Hand, Juvenile talented softball player during all 4 John Hofer; Melissa Hughes; Barbara Diabetes Foundation, Breast Cancer years of high school, Nicole won a col- Keating; Chad Keller; Christopher Awareness, and Glide Memorial. lege softball scholarship during her Larrabee; Daniel Lee; Dong Lee; Joe Her husband Jack recalls she had a senior year. Even though she had never Lopez; Hilda Marcin; Dean Mattson; heart the size of Texas. Knowing her been a competitive swimmer, she tried Dora Menchaca; Nicole Miller; Laurie flight had been hijacked, Lauren left out for the Pioneer High swim team as Neira; Ruben Ornedo; Marie her husband a message on their home a freshman and made the team. At the Pappalardo; Jerrold Paskins; Thomas answering machine and then loaned her time of her tragic death, she was a Pecorelli; Robin Penninger; Marie-Rae cell phone to another passenger to call dean’s list student at West Valley Col- Sopper; Xavier Suarez; Alicia Titus; loved ones. lege in Saratoga working part time and Otis Tolbert; Pendyala Vamsikrashna; The joy Lauren felt pursuing new in- weighing whether to transfer to Cali- Timothy Ward; Christopher Wemmers; terests and developing new skills was fornia State University at Chico or San John Wenckus. being interwoven in the book she was Jose State University. Mr. President, I want these names to writing for women. Jack recalls: I offer this tribute to Nicole. be memorialized again today. She made a point to do things that were HILDA MARCIN There is a beautiful song called ‘‘Try good for her, and she thought she could ex- I would like to take this opportunity to Remember,’’ and one of the lines is: tend what she had learned to help other to share with the Senate the memory Try to remember the kind of September adult women gain confidence. Her sister and of one of my constituents, Hilda when no one wept except the willow. I will fulfill her dream by completing the Marcin, who lost her life on September book. Sadly, those of us who lived through 11, 2001. Mrs. Marcin was 79 years old September 11, 2001, will weep for our Lauren Grandcolas is missed deeply when the flight she was on, United Air- lost brothers and sisters, but we will by her family. lines Flight 93, was hijacked by terror- always remember our country, our em- I wanted to take a moment to tell ists. As we all know, that plane brace of freedom, and our democracy. you a little bit more about her. crashed in a Pennsylvania field, killing And we will always cling closer to our NICOLE CAROL MILLER everyone on board. loved ones. This place, this great de- This next picture in memoriam is of Mrs. Marcin was born in mocracy, America, will endure. Nicole Carol Miller. I want to start out Schwedelbach, Germany. When she was Now I am going to tell you a little by reading a poem that was dedicated 7 years old, her family emigrated to bit more about a few of the people we to Nicole that was written by her fa- the United States to escape oppression. lost in California. Many people noted ther, David James Miller. It was writ- Like many immigrants, her family left that the New York Times has run an ten last September 11. If I cannot get all possessions behind and came only ongoing biography of the people who through this, I will put it in the with the clothes on their backs. were lost on that day. I was talking to RECORD. My daughter’s name is Nicole. Her family settled in Irvington, NJ, Bob Kerrey, the former Senator from This is the poem. where she attended local schools. She Nebraska, and he said this to a group How I love thee My Nicole. worked seven days a week in the pay- of us: When you read those memorials, When the thoughts of you come into my roll department of the New Jersey what you realize is how wonderful and mind shipyards during World War II. important each of these people was and It’s as if a breeze has passed through our rose A friend arranged a blind date with what wonderful stories were related garden and the sweet savory I smell Edward Marcin and they were married The taste of roses upon my tongue brings the from their families, their friends, and sweetness of your memory to my mind on February 13, 1943. They had two their coworkers. What really emerged It comes upon me as the morning dew weighs daughters, Elizabeth and Carole. The is why this is such a great country. the roses down Marcin family enjoyed participating in These people, they do not get in the Smooth and pleasant are the thoughts of school functions, class trips, the PTA, news. They get up and go about their you, as the petals of a rose and various church activities. Mr. and lives. That is what you are going to And once again I am nourished with your Mrs. Marcin were also socially and po- find out as I read about these people love. litically active in Irvington. Mrs. and show these pictures in memoriam. Nicole Carol was a lovely 21-year-old Marcin later worked as a special edu- LAUREN GRANDCOLAS college student when the flight she was cation teacher’s aide. Mrs. Grandcolas was a 38-year-old ad- on, United flight 93, was hijacked by Hilda Marcin embraced life with en- vertising sales consultant when the the terrorists. That was the plane that thusiasm and made the most of every flight she was on, United flight 93, was was brought down by the passengers in minute. She adored her family and her hijacked by terrorists. As we all know, Pennsylvania. granddaughter, Melissa Kemmerer that plane crashed in a Pennsylvania Nicole’s memory lives on in the Lata. She was an inspiration to those field killing everyone on board. We also hearts of those she loved. She took she touched, including the special know of the heroism of the passengers great joy in life and exemplified this needs children in the school where she on that plane. with her wonderful outlook and her te- worked. Her friends admired her posi- Mrs. Grandcolas was born in Bloom- nacious personality. Nicole’s radiant tive attitude and her desire and ability ington, IN, and attended the University smile, which we can see in this photo, to continue working during the later of Texas at Austin where she met her could light up the room as she ener- years of her life. Mrs. Marcin treasured husband, Jack Grandcolas. After grad- gized those around her. She knew how freedom and democracy, and her Amer- uation, she worked as a marketing di- to be an outstanding friend. She was ican citizenship. rector for a law firm and then for blessed with two families, her father At the time of her death, Mrs. Marcin PricewaterhouseCoopers. and stepmother, David and Catherine was flying to San Francisco to live At the time of her tragic death, Mrs. Miller of Chico, CA, and her mother with her younger daughter, Carole Grandcolas was working as an adver- and stepfather, Cathy and Wayne O’Hare. She is survived by her daugh- tising sales consultant at Good House- Stefani, Sr., of San Jose, CA. ter, Elizabeth Kemmerer and son-in-

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8443 law Raymond Kemmerer; daughter Upon graduating from Iowa State In the words of her mother, Deborah Carole O’Hare and son-in-law Thomas University with a degree in exercise Borza, ‘‘Deora has always been about O’Hare; and granddaughter Melissa science, Ms. Sopper earned a master’s peace.’’ At the tender age of 11 years, Lata and Melissa’s husband, Edward degree in athletics administration Deora wrote in her journal, ‘‘People Lata. I offer this tribute to her. from the University of North Texas and ask who, what, where, when, why, how. DANIEL LEE a law degree from the University of I ask peace.’’ A warm and generous per- Daniel Lee lost his life on September Denver. Ms. Sopper was an accom- son, Deora was a gifted student and a 11, 2001. Mr. Lee was 34 years old when plished dancer and choreographer and wonderful friend. Wherever she went, the plane he was on, American Airlines continued to coach at gymnastics her light shined brightly. Flight 11, was hijacked by terrorists. clubs. Deora’s father, Derrill Bodley, of As we all know, that plane crashed into Ms. Sopper practiced law as a Lieu- Stockton, CA, feels her life was about the World Trade Center, killing every- tenant in the Navy’s JAG Corps, focus- ‘‘getting along’’ and sharing a message one on board. ing on Defense and Appellate Defense. of peace. Her 11-year-old sister, Murial, Daniel Lee grew up in Palm Desert, She had left the Navy JAG Corps and recalls Deora taught her many things CA. He was a carpenter and a drummer was an associate with the law firm and says, ‘‘Most of all she taught me to in a local southern California band. He Schmeltzer, Aptaker & Sheperd, P.C. be kind to other people and animals. I met his wife, Kellie, in 1991 at a rock when she found her dream job: to coach cherish the memories of my sister and concert in which he was playing the the women’s gymnastics team at the plan to work hard in school and in ev- drums. They were married October 7, University of California at Santa Bar- erything I do so she can be proud of me 1995 and their first child, Amanda Beth, bara. like I was of her.’’ was born December 11, 1998. It was a 1-year appointment and Ms. Mr. President, none of us is un- Mr. Lee was a dedicated and success- Sopper was looking forward to the touched by the terror of September ful set carpenter in the music industry, challenge. Her mother, Marion 11th, and many Californians were part known to work 20 hour days when nec- Kminek, says Mari-Rae was excited of each tragic moment of that tragic essary. He worked with many talented about the opportunity. ‘‘I said go for it. day. Some were trapped in the World musicians including Neil Diamond, Life is too short. It was something she Trade Center towers. Some were at Barbara Streisand, N’Sync, Aerosmith had always wanted to do and she was so work in the Pentagon. And the fates of and Yanni. He was touring with the happy and excited,’’ recalls Kminek. some were sealed as they boarded Backstreet Boys when, on September At the time of her death, Ms. Sopper planes bound for San Francisco or Los 11, 2001, he left to fly home to be with was moving to Santa Barbara to begin Angeles. So I am honored and very moved to his wife as she was about to give birth her appointment. Her close friend, have had this chance to put into the to their second child. Allison Danielle Mike Jacki, recalls ‘‘This was to be a RECORD today the names of these more Lee was born September 13, 2001. new adventure for Mari-Rae, and an op- Kellie Lee recalls Dan’s bright, re- portunity to get back into the sport than 50 Californians, every one now a bright and shining star in the sky. laxed and charming smile. ‘‘He was car- she loved. We have lost a very special Their memories will live on and their ing, loving, funny and romantic. He person. She was prepared to make her legacies will live on, as will the memo- loved being a Dad and was so excited dream come true, and in an instant it ries and legacies of every American and about having another child on the was gone.’’ every person, every innocent victim, way,’’ she says. One of his special joys Mari-Rae Sopper is remembered for who was cut down in the most hateful was getting friends together for her loyalty, strong values, excellent work ethic and spirit for life. She is way on that tragic day. barbeques and pool parties,’’ Kellie re- I yield the floor. survived by her mother, Marion members. The PRESIDING OFFICER (Mr. DAY- Dan Lee is survived by his wife, Kminek and stepfather, Frank Kminek, TON). The Senator from Alabama. Kellie Lee, his daughters, Amanda and her father Bill Sopper, sister Tammy Allison, mother and stepfather Elaine and many loving friends. f and John Sussino, brothers Jack Mr. President, the last story I share TERRORISM Fleishman and Stuart Lee and sister, with the Senate is the memory of one Mr. SESSIONS. I thank the Senator Randi Kaye. I offer this tribute to Dan- of my young constituents, Deora from California for her eloquent re- iel Lee. Bodley, who lost her life on September marks. It is time for a memory indeed. Mr. President, I take this oppor- 11, 2001. Ms. Bodley was a 20-year-old Tomorrow I will be going to the Pen- tunity to share with the Senate the college student when the flight she was tagon for a memorial service, as will memory of one of my constituents, on, United Airlines Flight 93, was hi- many other Senators, to memorialize Mari-Rae Sopper, who lost her life on jacked by terrorists. As we all know, that terrible day on September 11, September 11, 2001. Ms. Sopper was a that plane crashed in a Pennsylvania when we lost the people at the Pen- 35-year-old lawyer and gymnastics field, killing everyone on board. tagon. Five of those lost at the Pen- coach when the flight she was on, Ms. Bodley grew up in San Diego, tagon happened to be from the State of American Airlines Flight 77, was hi- California. As a high school student, Alabama, but the State has lost 10 or jacked by terrorists. As we all know, she visited local high schools to discuss more personnel since this war on ter- that plane crashed into the Pentagon, HIV/AIDS with her peers. She volun- rorism began. It has touched the entire killing everyone on board. teered with the Special Olympics and a country. Ms. Sopper was a native of Inverness, local animal shelter. Chris Schuck, her Some of our finest people, innocent IL, and attended William Fremd High English teacher at La Jolla Country of any wrongdoing, innocent of any in- School in Palatine, IL. At the age of 15 Day School, recalls, ‘‘Deora was always volvement in what might be considered she set the goal of becoming a cham- thinking big and going after big to be oppression or disagreements with pion gymnast. She succeeded, becom- game.’’ the terrorists who did these acts, paid ing all-American in 4 events, the At the time of her death, Ms. Bodley the price. Historically, the civilized school’s Athlete of the Year and the was studying psychology at Santa world has rejected these acts. state’s Outstanding Senior Gymnast of Clara University. She coordinated vol- But there is afoot today terrorist the Year. unteers in a literacy program for ele- groups and terrorist cells throughout Larry Petrillo, her high school gym- mentary school students. Kathy the country. A significant number of nastics coach, remembers her as brash Almazol, principal at St. Clare Catho- people would believe they have a right and committed. ‘‘One thing she taught lic Elementary, recalls Ms. Bodley had to use terrorism and weapons of mass me is, you never settle for less than ‘‘a phenomenal ability to work with destruction to kill and maim people you are capable of. We should never ac- people, including the children she read who have done nothing in their lives to cept limits. We should always fight the to, her peer volunteers, the school ad- wrong them. I believe we have to con- good fight. She was a staunch sup- ministrators and teachers. We have 68 front that. porter of gymnastics and what’s kids who had a personal association The President has been talking about right,’’ he recalls. with Deora.’’ Iraq and the problem it presents. It is

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8444 CONGRESSIONAL RECORD — SENATE September 10, 2002 a real problem. It is a problem that ment over tariffs, or maybe oil prices, the fact that he gave $25,000 rewards to will not go away. or something like that. But what we families of suicide bombers in Israel or We could wish it would go away, but are talking about is that Saddam Hus- other places, people who would murder it will not go away. The reason is they sein has, with determination and con- innocent civilians, that cause us to say have been in such continual violation sistency for many years before the gulf we don’t trust him? No. It is not of the agreements they made with re- war—11, 12 years ago, and since—per- anger—although we have a right to be gard to not participating in weapons of sisted to develop weapons that he has indignant over what he does. But we mass destruction. used in this world. So it is a matter of must not act solely out of anger. We are in a critical time right now. I life and death. I used to try criminal cases as a Fed- think the President has done the right They demonstrate not just technical eral prosecutor. Many times, the evi- thing, to say he wants Congress to par- infringements on their agreements but dence from credible, honest witnesses ticipate in a debate and to give him a they constitute a deliberate and deter- would be contradicted solely by the resolution of support of his action with mined program to develop weapons of words of the defendant. He would say: I regard to Iraq. I believe that is a good mass destruction that he himself can didn’t do it. step. I think it is good, not because it use if he desires, or he can in secret I used to do a little deal sometimes is absolutely clear to me that it is re- provide to stateless terrorists so they and talk to the jury. I said: Just be- quired—I know Senator DAYTON is a can use these weapons on law-abiding cause somebody says they won’t do it member of the Armed Services Com- American citizens and people of the doesn’t mean they will not. I can say: mittee and has been through a lot of world. So there is a real danger here. I don’t have a pencil in my hand, and if these hearings—but we are at this Some say: What new evidence do you I do, I am not going to drop it. And I point with regard to Iraq because we have to go forward? What new evidence didn’t drop it. I didn’t drop the pencil. held back. We did not complete the job. do we have? Apparently, from some of Does that change the fact that I had We did not continue to move into the things you read in the papers—and a pencil and I dropped it? I think not. Baghdad and capture or kill Saddam I will not make reference to anything This man is not credible. What we Hussein and completely take that that is confidential—there have been have to do when we deal with a man of country in 1991 during the gulf war— indications that there is new evidence this kind is look at his acts. Can they Desert Storm. We didn’t do that. to indicate continued progress toward be just short-term acts? That is impor- We said OK, and the U.N. sort of achieving dangerous weapons. We tant, but long-term acts are even more stepped in, and they wrote up this know, for example—we were shocked to important. agreement, and Saddam Hussein agreed find, at the time of the gulf war when I think a decision that is to be made to many different things. He agreed to we were victorious and did the inspec- by a great nation, a nation that desires reject weapons of mass destruction, tion of the nuclear facilities, that Sad- to protect its citizens and has the pro- chemical and biological weapons, and dam Hussein had—that they were with- tection and security of its citizens in not only did he agree not to do those in 6 months of being able to produce a this country and around the world as things, he agreed U.N. inspectors could nuclear bomb when the United States its highest priority, that nation has to be sent there to actually go into his successfully defeated Iraq in that war— be serious. We cannot deal in wishful country and examine anything that 6 months. The experts did not think thinking. We cannot do so. looked unusual, he would not attempt that at the time, but the inspection of People say to me, basically: Can’t we to stop that, and we could send inspec- the country afterwards found that. get along? Why do you want to talk tors to prove he was not participating So I would say first of all, as Sec- about war? in weapons of mass destruction—chem- retary Rumsfeld said: Oftentimes we Why do we have to wrestle with these ical, biological, or nuclear weapons. know what we don’t know. We know issues? Isn’t it possible that Saddam But what has happened? The history some things that indicate that he has Hussein has seen the light and will is very sad. It is a circumstance that is continued steadfastly to improve change? I think people are not saying particularly frustrating. We wish we chemical, biological, and nuclear weap- that. I don’t think people are saying it. did not have to direct our attention to ons. We know that. But precisely how But in their hearts they are hoping it, but we do. It is not going away. He far he has gone we cannot say. But we that. Sometimes I think the same way. has broken virtually every one of the know what his goal is. It has not Isn’t it just possible that this will promises he made, and I suspect, from changed. So I would say that is impor- change? what I read, the President is going to tant for us to remember. But let us consider the matter ra- talk about that at the U.N. These things should not come as a tionally and reasonably. What are the Let me say this about the United Na- surprise to any serious observer of the facts? What is the evidence? Is there a tions. The United Nations is a noble or- scene. We have been dealing with this case here? ganization, with noble goals, that de- man and his deliberate plans to obtain When solely evaluated, I submit serves respect. Remember in the Dec- weapons of mass destruction for quite a there is overwhelming evidence that laration of Independence, they, the fa- number of years, and virtually daily the facts present a demonstration that thers of the American Revolution, used since the gulf war. The fact is, he had Saddam Hussein is manipulating the the phrase ‘‘a decent respect for the no intention of complying with the world, acting to keep them at bay opinions of mankind’’ to require them world’s demands to stop. He will not while he steadfastly pursues his plan to set forth the reasons for separation, stop. Will a single person in this Con- for weapons of mass destruction in di- the reasons for revolution. gress, will a single person, come forth rect violation of the agreement that So I think the President should ex- and say that they believe he will even saved his monstrous regime 11 years plain to the world—and the U.N. is a unequivocally promise to stop? Which I ago. great forum to do that—precisely why doubt he will—but he might. But more There are many ways to detail the he believes we should act now. important, will he actually stop pro- charges against this most vicious dic- I suspect what he is going to talk a duction of these weapons? I challenge tator with the possible exception of lot about is resolutions that Saddam this body and the House of Representa- North Korea, the most brutal dictator Hussein agreed to and that were put tives, and I will ask that question. Is in the world today, and one who has forth by the U.N. and were U.N. resolu- there anyone here who thinks he sin- been more active to export his violence tions that have been violated. Resolu- cerely will stop his activities to build than any other nation in the world tion after resolution, for a decade or weapons of mass destruction? I do not today. more, they have been in violation. He think anyone would. At this time, I think we should talk will raise that tomorrow—or Thursday, Why? Is it just anger we are involved about the Iraq Liberation Act of 1998. as he should. in here? Are we just angry over his bel- This Congress voted on it. It passed the The gravity of the problem is clear. licose statements about the United House of Representatives almost Saddam Hussein’s violations are mat- States? Are we just angry over his at- unanimously. There were maybe 30 ters of life and death. I wish it were not tempt to assassinate the President of ‘‘no’’ votes. It passed in this body so. I wish it were just some disagree- the United States? Is it just anger over unanimously by consent.

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8445 This is what we found in 1998 at a That was the basic condition of it. obligations’’ and urged the President ‘‘to time when Saddam Hussein ejected the We said: OK. Mr. Saddam Hussein, we take appropriate action, in accordance with inspectors that he agreed to have come will not continue this war. We have the Constitution and relevant laws of the into his country. We did nothing about ousted you from Kuwait where you had United States, to bring Iraq into compliance with its international obligations.’’ it. This is what the findings say: no right to be, but you have to agree to No. 12: The Congress makes the following findings. dismantle your weapons of mass de- On September 22nd, 1980, Iraq invaded Iran, struction. OK. He agreed to that. That On May 1, 1998, President Clinton signed starting an 8-year war in which Iraq em- Public Law 105–174, which made $5,000,000 was the U.N.-brokered deal. available for assistance to the Iraqi demo- ployed chemical weapons against Iranian Paragraph 6: troops, and ballistic missiles against Iranian cratic opposition for such activities as orga- cities. In April of 1993, Iraq orchestrated a failed nization, training, communication and dis- plot to assassinate former President George This country is not Iraq. It is not a semination of information, developing and Bush during his April 14 through 16, 1993, implementing agreements among opposition backward country. It has a government visit to Kuwait. groups, compiling information to support the of laws, longstanding. It has for that What a despicable act. I submit to indictment of Iraqi officials for war crimes, region of the world an educated popu- you as a Member of the Senate of any and for related purposes. lation. They are capable of doing so party that when a head of a foreign na- It goes on to say: much better than they are today. Unfortunately, the people of Iraq are tion deliberately sets about to assas- Sense Of The Congress Regarding United States Policy Toward Iraq. suffering more than anyone else as a sinate the leader or former leader of result of Saddam Hussein’s bad leader- any great nation, that is something In Section 3, this is what we found as ship. that should not be lightly dealt with. a Congress: It goes on in paragraph 2: Frankly, I think we dealt with it too It should be the policy of the United States In February of 1988, Iraq forcibly relocated lightly at the time. We did take some to support efforts to remove the regime Kurdish civilians—— action but not enough. headed by Saddam Hussein from power in These are citizens of Iraq—— This man attempted to kill, assas- Iraq and to promote the emergence of a sinate the President, former President democratic government to replace that re- from their home villages in the Anfal cam- gime. paign, killing an estimated 50,000 to 180,000 of the United States of America while Kurds—— he was visiting Kuwait, a country that I repeat that. That is so important. Fifty-thousand to 100,000 of his own former President Bush had led the lib- We voted unanimously in this Senate civilians in 1988 after he lost the war, eration of and freed from this oppres- that: after he signed an agreement not to use sive regime. It should be the policy of the United States weapons of mass destruction, and after So it continues. That was in April of to support efforts to remove the regime 1993: headed by Saddam Hussein from power in he agreed to inspections—— Iraq and to promote the emergence of a On March 16th, 1988, Iraq used chemical In October of 1994, Iraq moved 80,000 troops to areas near the border of Kuwait posing an democratic government to replace that re- weapons against the Iraqi Kurdish civilian gime. opponents in the town of Halabja killing an imminent threat of renewed invasion of or estimated 5,000 Kurds—— attack against Kuwait. I suppose we have tried to do so in Causing numerous birth defects that This is a man who wants us to get many different ways. The problem is, affect the town to this day. along with him and says, If you want we have not been very successful. Iraq How long has it been since a nation complete destruction of my Govern- continues to make a mockery of its in the world used chemical weapons ment, I will behave and end weapons, agreements and continues to build and against anyone, much less their own and I will get along with my neighbors. develop weapons of mass destruction. citizens, killing 5,000 Kurds? It is a des- And here he is moving 80,000 troops So the President is, I am sure, from picable act by a despicable man who is down on the border towards Kuwait newspaper reports, going to talk about not worthy to be a part of civilized na- where he does not station them nor- that to the United Nations. I am so tions, I submit. mally. It just shows the aggressive hos- glad that he is because we have to On August 2nd, 1990, Iraq invaded and tilities of which he is capable. think about an important subject. began a 7-month occupation of Kuwait. On August 31 of 1996, paragraph 8: Mr. President, you are aware that the This is a sovereign, independent na- In the findings of the U.S. Congress, Iraq Economist magazine, a London publi- tion on its border that happened to oppressed many of its opponents by helping cation, in England, which is seriously have substantial oil reserves that Sad- one Kurdish faction capture the seat of a reviewed around the world—and people dam Hussein wanted. So on August 2, Kurdish regional government. give its opinions great weight—has ex- 1990, he invaded and began a 7-month Since March of 1996, Iraq has systemati- pressed a view that there is no alter- cally sought to deny weapons inspectors occupation killing and committing nu- native but to war in this circumstance. from the United Nations Special Commission A couple months ago, they had an in- merous abuses against Kuwaiti citizens on Iraq—UNSCOM—access to key facilities and setting Kuwaiti oilfields ablaze in and documents, has on several occasions en- sert on the role of American foreign his retreat. dangered the safe operation of UNSCOM’s policy in the world, and they talked Do you remember that? Just out of helicopters transporting UNSCOM personnel about this tension between perversion and pure meanness, he set in Iraq, and has persisted in a pattern of de- multilateralism and unilateral action the oilwells on fire, polluting the at- ception and concealment regarding the his- by the President, or can the United mosphere, putting at risk thousands of tory of its weapons of mass destruction pro- States act alone or with a few allies? lives, and causing tremendous expense gram—— They raised this question. And persisted in a pattern of deception and to bring those fires under control. In concealment regarding the history of his Multilateralists say we ought to fact, they were brought under control weapons of mass destruction programs—— reach agreements, and those agreements ought to be for the purpose of better than we had any right to expect. The U.S. Congress, U.S. Senate making our world safer. And they can At first, people expected it would take unanimously found: much longer than the long period it ul- work in that regard. The question the On August 5 of 1998, Iraq ceased all co- Economist posed is: What if the people timately took. operation with UNSCOM, and subsequently No. 5—this is our findings, the Con- threatened to end long-term monitoring ac- who sign them do not abide by them? gress: tivities by the International Atomic Energy What if the people who have signed Hostilities in Operation Desert Storm Agency and UNSCOM. them deliberately, deceitfully operate ended on February 28th, 1991, and Iraq subse- The International Atomic Energy in violation of those agreements, there- quently accepted the cease-fire conditions in by threatening the safety and security the United Nations Security Council Resolu- Agency is monitoring Iraq’s nuclear bomb capability. of the rest of the world? Does the world tion 687 on April 3, 1991, requiring Iraq, just sit by and do nothing? Is that a among other things, to disclose and fully Paragraph 11: permit the dismantlement of his weapons of On August 14, 1998, President Clinton credible response? mass destruction program, and submit to signed Public Law 105–235 which declared Do you think that is what was on long-term monitoring and verification of that ‘‘the Government of Iraq is in material President Bush’s mind when he said, in such a dismantlement. and unacceptable breach of its international recent words—and I think I can quote

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8446 CONGRESSIONAL RECORD — SENATE September 10, 2002 him directly—‘‘the credibility of the curity Council, for any reason they falls mainly on the innocent. They world is at stake’’? choose, has the right to say: No, Mr. said, concluding their very serious edi- Yes, it is one thing to have resolu- President, we don’t agree. You can’t torial: Painful as it is, our vote is for tions. It is one thing to say we are use force against Iraq. You can’t use war. going to have agreements so we can go force to liberate Kuwait. You can’t use I hope we don’t come to that, but I away and wash our hands and say the force against Panama, as President am afraid that is where we are heading. matter is solved and the danger is over. Bush did. You can’t act against Kosovo It is a subject we have to talk about. I That may be OK if it is a trade issue or because we say no? believe that debate will now com- some such event as that. But if it is a That is not something that a great mence. matter of life and death, dealing with a nation, the preeminent world power— I yield the floor. country that is capable of and has let’s say it frankly—can allow. The f proven in the past it will use weapons preeminent world power—a good and of mass destruction against enemies in decent nation, whose actions are not REVISIONS TO THE 2002 APPRO- its own country and outside their coun- for self gain but to vindicate legiti- PRIATIONS COMMITTEE ALLOCA- try, if that is so, then we have a big mate rights and interests—cannot TIONS AND THE BUDGETARY AG- problem. allow its power to be curtailed by the GREGATES So I think the President is deter- vote of one nation in the U.N. Security Mr. CONRAD. Mr. President, section mined to confront this issue and that Council. 314 of the Congressional Budget Act, as the status quo in Iraq is not sufficient. So the President cannot say: I am amended, requires the chairman of the We need to go back and remember what going to defer this matter to the U.N. Senate Budget Committee to adjust has already occurred. And that is That would be absolutely wrong. It the budgetary aggregates and the allo- where we are. would be unwise. And the American cation for the Appropriations Com- They say: Well, you have to have a people would not support that. It is our mittee by the amount of appropria- unanimous vote. The United Nations military. We did it to protect our just tions designated as emergency spend- has to support this action. I think a de- national interests—not our unjust na- ing pursuant to section 251(b)(2)(A) of cent respect for the United Nations tional interests, but our just, legiti- the Balanced Budget and Emergency calls on the President to go there and mate national interests. I believe the Deficit Control Act of 1985, as amended. state his case. I think it is important President understands that distinction. On July 23, I filed adjustments to the for the President to explain it to good I hope that we, as Americans, think 2002 budgetary aggregates and alloca- and decent leaders all over the world, that through because some tend to be- tion for the Appropriations Committee and seek their support wherever he can lieve we have to have a vote of the U.N. resulting from the $29.9 billion in emer- get it. But as a member of the Armed before we can act to defend our na- gency funding included in the con- Services Committee, I can tell you, we tional security interests around the ference report to H.R. 4775, the 2002 do not have to have the support of any world, and that is not correct. Very few Supplemental Appropriations Act for one nation to defeat Iraq. I hope we can would agree with that. Further Recovery From and Response do it promptly. We are in a time of remembrance as to Terrorist Attacks on the United One thing I do believe is, he does not we move toward September 11. We will States (Public Law 107–206). The legis- have popular support in his country be at the Pentagon tomorrow. Others lation, however, included $5.1 billion in and many of the people will be de- will be in New York. Others will be in emergency funding that the Congress lighted to see him go. And I think it is Pennsylvania. Others will have memo- made contingent on the President des- not as if we are attacking a country rials in their communities and towns, ignating the total amount as emer- that has loyal and decent people will- as I will be visiting one in Bir- gency spending within 30 days of enacting to die for their country. There may mingham, hosted by the religious comment. On August 13, the President an- be some, but it is not nearly that many munity, to commemorate this sad oc- nounced that he would not declare the because this man is a brutal dictator. casion of September 11. $5.1 billion as emergency spending, But the President is required to state The President told us we were going thereby vitiating the entire amount. his case around the world. That is im- to have to return to our fundamental Consequently, I am lowering the ad- portant. I hope he does not feel com- beliefs, we were going to have to be justments I made on July 23 by the pelled to describe, in any detailed way, courageous, and if we stepped out and amount of the contingency—$5.1 billion precisely how he might conduct a war, took on these people, and we chased in budget authority—as well as by the if a war becomes necessary. Maybe it them to their lairs and went after estimated amount of the contingency’s will not be. I hope it will not be. But them, we could make the world safer. impact on 2002 outlays—$0.96 billion. from my reading of this history, both I believe the world is safer today. I Pursuant to section 302 of the Con- before Desert Storm and after, of Sad- believe it is an unacceptable policy to gressional Budget Act, I hereby revise dam Hussein’s absolutely steadfast de- allow any nation to harbor terrorists, the 2002 allocation provided to the Sen- termination to frustrate the world and to allow any nation to allow their ter- ate Appropriations Committee in the do what he wants to do, I do not be- ritory to be used as a training base or concurrent budget resolution in the lieve he is going to change. So I think where they can build their weapons and following amounts: we are going to be confronted with that plot their diabolical actions. We can- situation sooner or later. not allow that to happen. It is against TABLE 1.—REVISED ALLOCATION FOR APPROPRIATIONS The question is, shouldn’t we have the policy of the United States and this COMMITTEE, 2002 the support of the United Nations? The Congress, I believe. [In millions of dollars] problem there is this: A United Nations We are in a time that all of us need resolution requires a Security Council to study how we got to where we are, Budget au- Outlays vote, a unanimous vote of the Security being quite serious about this entire thority Council. circumstance. I am coming to the con- Current Allocation: General Purpose Discretionary ...... 734,126 700,500 The American people have spent a lot clusion that it is very unlikely, based Highways ...... 0 28,489 of money building up the greatest mili- on the consistent, long-term history of Mass Transit ...... 0 5,275 Conservation ...... 1,760 1,473 tary force in the history of the world. Saddam Hussein, that we can reach Mandatory ...... 358,567 350,837 We will spend, next year, $370 or so bil- any kind of agreement with him. Total ...... 1,094,453 1,086,574 lion on a national defense system for As the Economist magazine said, for Adjustments: this country. And on the United Na- 11 years we have been trying to contain General Purpose Discretionary ...... ¥5,139 ¥962 Highways ...... 0 0 tions Security Council there are coun- him in a box. The box is leaking. Who Mass Transit ...... 0 0 tries such as France and Germany and has suffered most? The people and chil- Conservation ...... 0 0 England, and also China and Russia. So dren of Iraq. They are the ones who Mandatory ...... 0 0 what are we going to do? Are we going have been suffering for these 12 years. Total ...... ¥5,139 ¥962 Revised Allocation: to say that the Chinese or the Rus- It is difficult for us to defend to the General Purpose Discretionary ...... 728,987 699,538 sians, or any other member of the Se- Arab world this kind of oppression that Highways ...... 0 28,489

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8447 TABLE 1.—REVISED ALLOCATION FOR APPROPRIATIONS with soldiers. After the brutal killing Fifth Circuit, I am making my state- COMMITTEE, 2002—Continued of thousands of civilians, including ment from September 5, 2002, on that [In millions of dollars] schoolchildren, the Dutch surrendered vote a part of the RECORD. on May 15, 1940. I would also like to respond to the Budget au- misleading suggestion that the Senate thority Outlays The European resistance fighters, as they have come to be known, began as Judiciary Committee has never de- Mass Transit ...... 0 5,275 feated a nominee who received a ‘‘well Conservation ...... 1,760 1,473 independent groups of youths clandes- Mandatory ...... 358,567 350,837 tinely sabotaging the occupying Ger- qualified’’ rating from the American Bar Association. In fact, in the prior Total ...... 1,089,314 1,085,612 man forces by whatever means at their disposal. Resistance groups sprang up six and one-half years of Republican Pursuant to section 311 of the Con- in every Nazi-occupied country. Gradu- control of the Senate the nominations gressional Budget Act, I hereby revise ally, like-minded people banded to- of more than a dozen judicial can- the 2002 budget aggregates included in gether and worked in secret to over- didates with unanimous well qualified the concurrent budget resolution in the throw the invaders. Dutch, French and ratings were defeated in the Com- following amounts. Polish youths risked their lives day mittee through the decision of Repub- and night to slow the advance of the licans to block them from receiving TABLE 2.—REVISED BUDGET AGGREGATES, 2002 Nazi forces. They accomplished small hearings and votes on their nomina- [In millions of dollars] victories by such simple methods as re- tions. More than three dozen others re- arranging traffic signs and filling the ceived partial ratings of ‘‘well quali- Budget fied’’ and ‘‘qualified.’’ More than 50 of authority Outlays gas tanks of their enemy’s vehicles with sugar. These groups became a part President Clinton’s judicial nominees Current allocation: Budget Resolution ..... 1,710,450 1,653,782 never received Committee votes, de- Adjustments: Emergency Spending ...... ¥5,139 ¥962 of an organized European resistance Revised allocation: Budget Resolution ..... 1,705,311 1,652,820 movement when they finally estab- spite their ratings. The truth is that Republicans defeated dozens of judicial Prepared by SBC Majority Staff on 9–10–02. lished short-wave radio contact with London and received coded messages. nominees with well-qualified ratings, f The risks of joining the resistance not in the light of day with a demo- LOCAL LAW ENFORCEMENT ACT were great. A resistance worker caught cratic vote, but in the dark of night OF 2001 by the Nazis faced certain death. The through secret, anonymous holds or other tactics. Mr. SMITH of Oregon. Mr. President, Germans sometimes rounded up and executed hundreds of civilians in revenge Here are some of the Clinton nomi- I rise today to speak about hate crimes nees with unanimous well qualified or legislation I introduced with Senator for an act of sabotage. Gus’ life was no exception to this backlash to the re- partial well qualified ratings who never KENNEDY in March of last year. The received a Senate Judiciary Committee Local Law Enforcement Act of 2001 sistance fighters. By 1944 his family was living on meager rations of tulip vote and whose nominations ended in would add new categories to current Committee: Alston Johnson, Fifth Cir- hate crimes legislation sending a sig- bulbs and two of his fellow resistance fighters and a cousin had been executed cuit, James Duffy, Ninth Circuit, Kath- nal that violence of any kind is unac- leen McCree-Lewis, Sixth Circuit, ceptable in our society. by firing squad. The ferociousness of the fighting and Enrique Moreno, Fifth Circuit, Judge I would like to describe a terrible James Lyons, Tenth Circuit, Allen crime that occurred August 22, 2002 in danger that these unsung heroes faced are conveyed by his description of the Snyder, D.C. Circuit, Judge Robert San Francisco, CA. Two people beat a Cindrich, Third Circuit, Judge Stephen lesbian outside a nightclub. The assail- bombing of Dortmund: ‘‘This sight I cannot ever forget: burning roofs col- Orlofsky, Third Circuit, James Beatty, ants, Jack Broughton, 35, and Jean Fourth Circuit, Frederic Woocher, Cen- Earl, 32, punched and kicked the vic- lapsing, burning window sills and brick walls crashing down on sidewalks, tral District of California, Richard An- tim, who was later treated at San derson, District of Montana, Jeffrey Francisco General Hospital. Police say bricks and debris lying everywhere from roads as well as from houses, Coleman, Northern District of Illinois, that the attackers shouted anti-gay John Bingler, Western District of slurs, and are investigating the inci- blown to pieces. It is unforgettable . . . to see and feel a city, an entire city, on Pennsylvania, Elena Kagan, D.C. Cir- dent as a possible hate crime. cuit, Elizabeth Gibson, Fourth Circuit, I believe that government’s first duty fire.’’ Gus moved to Portland, OR in 1977 to Lynette Norton, Western District of is to defend its citizens, to defend them be closer to his oldest daughter. He has Pennsylvania, Judge Legrome Davis, against the harms that come out of been a valuable member of the commu- Eastern District of Pennsylvania, hate. The Local Law Enforcement En- nity and a welcome piece of living his- Judge Richard Leonard, Eastern Dis- hancement Act of 2001 is now a symbol tory. I believe it is time that he, along trict of North Carolina, Judge Linda that can become substance. I believe with other resistance fighters, be rec- Reigle, District of Nevada, Gary that by passing this legislation and ognized for the sacrifices they self- Sebelius, District of Kansas, Judge changing current law, we can change lessly made fighting the oppressive David Cercone, Western District of hearts and minds as well. forces of fascism during those dark Pennsylvania, Patricia Coan, District f years. of Colorado, Stephen Achelpohl, Dis- trict of Nebraska, Judge Jorge Rangel, COMMUNITY HERO Each allied nation is indebted to patriots such as Gus; without their in- Fifth Circuit, Ronald Gould, Ninth Cir- Mr. SMITH of Oregon. Mr. President, valuable efforts the greatest war of the cuit, and Robert Freedburg, Eastern I rise to salute a World War II veteran last century might have lasted much District of Pennsylvania. This is just a from my home State of Oregon. Today, longer and cost many more thousands partial list. I want to recognize the efforts of Au- of lives. It is with humble respect and Of course some of President Clinton’s gust F. ‘‘Gus’’ Smoorenburg, a member praise that I offer my recognition judicial nominees who received hear- of the European resistance fighters today to Gus and the European resist- ings and Committee votes had also re- who lived and struggled in Nazi occu- ance fighters. ceived well-qualified ratings, but that pied territories throughout the last f did not stop Republicans from voting century’s largest and most destructive against them and trying to defeat their war. THE NOMINATION OF PRISCILLA nominations. For example, some of the Born in Amsterdam in the 1920s, Gus OWEN same Republicans who now claim it is was 19 years old when Germany in- Mr. LEAHY. Mr. President, in light unprecedented to defeat a nominee vaded Holland, Luxembourg, and of the continuing criticism of Repub- with a well-qualified rating voted France. To stop the Germans, the licans about the Senate Judiciary Com- against several Clinton nominees with Dutch tried using their own landscape, mittee’s vote on the nomination of that same rating, either in Committee, opening the country’s famous dams and Priscilla Owen to be a judge on the on the floor or both. The following sluices to stop tanks and trucks filled United States Court of Appeals for the nominees with well qualified ratings

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8448 CONGRESSIONAL RECORD — SENATE September 10, 2002 were subject of Republican efforts to Since the reorganization of the Sen- We have achieved what we said we defeat their nominations, despite the ate Judiciary Committee 14 months would by treating President Bush’s rating that Republicans now cling to ago, 17 women nominated to the Fed- nominees more fairly and more expedi- like a impermeable shield against criti- eral bench by President Bush have been tiously than President Clinton’s nomi- cism: Judge Rosemary Barkett, Elev- given a hearing and reported out of nees were treated. By many measures enth Circuit, Judge Merrick Garland, committee. Sixteen have already been the Committee has achieved almost D.C. Circuit, Judge William Fletcher, confirmed by the Democratic-led Sen- twice as much this last year as Repub- Ninth Circuit, Judge Ray Fisher, Ninth ate. Four of these women were nomi- licans averaged during their years in Circuit, Judge Marsha Berzon, Ninth nated to the Circuit Courts and were control. Circuit, Judge Sonia Sotomayor, Sec- some of the first nominees in years to In the six and one-half year period of ond Circuit, Judge Margaret McKeown, receive hearings, after the anonymous Republican control before the change Ninth Circuit, Judge Richard Paez, holds and obstruction during the period in majority last summer, vacancies on Ninth Circuit, Judge Margaret Morrow, of Republican control of the Senate. the Courts of Appeals more than dou- Central District of California, Judge Ten of those women nominees with bled from 16 to 33 and overall vacancies Gerald Lynch, Southern District of records of fairness as lower federal rose from 63 to 110. We have reversed New York, and Mary McLaughlin, courts or State court judges have been those trends, even though 43 vacancies Eastern District of Pennsylvania. voted out of the Democratic-led Senate have arisen since the changeover last Republicans tried mightily to defeat Judiciary Committee, including former year. these nominations. In fact, some of Minnesota Supreme Court Justice Joan I have taken a number of actions to these nominees were asked about their Lancaster. seek a cooperative and constructive ABA membership, as if being active in Justice Owen’s record, in contrast, working relationship with all Senators the Nation’s largest bar association was not one of fairness and adherence on both sides of the aisle and with the were somehow disqualifying. Repub- to precedent. Instead, time after time, White House in order to make the con- licans almost defeated some of these Justice Owen’s written opinions dem- firmation process more orderly, less onstrated her willingness to substitute nominations. For example, Judge Paez antagonistic, and more productive. Not her policy preferences for those of the was voted out of committee with bare- all of my efforts have been successful Texas legislature and her determina- ly a majority, and he received 39 Re- and very few of my suggestions to the tion to distort precedent. Even her fel- publican votes against his nomination Administration have yielded results, low judges criticized her approach. despite his partial well-qualified rat- but I have continued to make these ef- These issues are discussed in more de- ing. Judge Fletcher, who had a unani- forts in the best interests of the coun- tail in my full Judiciary Committee mous well-qualified rating, received try, the Senate and this committee. negative votes in Committee from statement that follows: Statement of Senate Judiciary Com- I am proud of the work the Com- some of the same Republicans now mittee Chairman Patrick Leahy on mittee has done since the change in the complaining about negative votes on September 5, 2002 on the nomination of majority. I am proud of the way we the nomination of Justice Owen, and Justice Priscilla Owen to the United have considered nominees fairly and Judge Fletcher’s nomination received States Court of Appeals for the Fifth expeditiously. 41 Republican votes against his con- Circuit: The circuit court nominees voted on firmation. Today, the Senate Judiciary Com- by the Senate Judiciary Committee Thus, what Republicans are really mittee considered a number of the today are two very different examples complaining about is not that a nomi- President’s nominees, including Pris- of the types of nominees sent to the nee who received a well- qualified rat- cilla Owen to be a judge on the United Senate by this President. Judge Reena ing was defeated, but that one of their States Court of Appeals for the Fifth Raggi was appointed to the trial court nominees was defeated, regardless of Circuit, and Reena Raggi to be a judge in 1987 by President Ronald Reagan. her ABA rating. That is understand- on the United States Court of Appeals She has a solid record of accomplish- able. What is not understandable is for the Second Circuit. These two ment in both the private and public their effort to distort the facts and the nominees were the 80th and 81st judi- sectors. She received the strong bipar- history of defeat of numerous other cial nominees voted on by the Com- tisan support of two Democratic Sen- nominees of President Clinton who had mittee in less than 15 months, and the ators, CHARLES SCHUMER and HILLARY the same rating as Justice Owen. Those 16th and 17th circuit court nominees RODHAM CLINTON, and of the New York ratings were no obstacle back then to voted on by the committee in that legal community. We have every rea- Republican efforts to defeat those time. This committee has worked dili- son to believe that she will serve with nominations, either through blocking gently since the change in majority distinction on the Second Circuit as a hearings and votes or through at- last summer to consider more than 250 fair and impartial judge. She is a con- tempts to defeat nominations in the of the President’s nominees. servative Republican. Committee and on the floor. It was not During our first year in the majority, In sharp contrast is the record of the due to lack of effort on their part that we have held twice as many hearings other circuit court nominee we consid- a nominee with a well-qualified rating for President Bush’s Courts of Appeals ered today: Justice Priscilla Owen, a was not actually voted down on their nominees as were held in the first year nominee whose record is too extreme watch. In fact, dozens were defeated in of the Reagan Administration, when even in the context of the very con- far less public ways, but their nomina- the Senate was controlled by Repub- servative Texas Supreme Court. tions failed, nonetheless, and were re- licans, and five times as many as in the Justice Owen has been nominated to turned to the President without con- first year of the Clinton Administra- fill a vacancy that has existed since firmation. tion, when the Senate was controlled January, 1997. In the intervening five Additionally, I would like to respond by Democrats. Under Democratic lead- years, President Clinton nominated to the notion that the vote against ership, this committee has also voted Judge Jorge Rangel, a distinguished Justice Owen was somehow ‘‘anti- on more judicial nominees, 79 so far, Hispanic attorney from Corpus Christi, woman.’’ Such a claim, as that made than in any of the six and one-half to fill that vacancy. Despite his quali- by Attorney General Ashcroft, is ab- years of Republican control that pre- fications, and his unanimous rating of surd. I recall that when John Ashcroft ceded the change in majority. We have Well Qualified by the ABA, Judge Ran- was in the Senate he voted against the already voted on twice as many circuit gel never received a hearing from the confirmation of at least 11 judicial court nominees, 15, as the Republican Committee, and his nomination was re- nominees of President Clinton and al- majority averaged in the years they turned to the President without Senate most half of them are women who now were in control. In fact, this last year action at the end of 1998, after a fruit- sit on the federal bench. The Senate we voted on more judicial nominees less wait of 15 months. Judiciary Committee has been far fair- than were voted on in 1999 and 2000 On September 16, 1999, President er to this President’s judicial nomi- combined and on more circuit court Clinton nominated Enrique Moreno, nees, including the women he has nom- nominees than Republicans voted on in another outstanding Hispanic attor- inated to the federal bench. 1996 and 1997 combined. ney, to fill that same vacancy. Mr.

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8449 Moreno did not receive a hearing on his tant in the circumstances that existed injured while he was still a minor. The nomination either, for more than 17 last summer at the time of the change issue was the constitutionality of a months. President Bush withdrew the in majority. At that time we faced State law requiring minors to file med- nomination of Enrique Moreno to the what Republicans have now admitted ical malpractice actions before reach- Fifth Circuit and later sent Justice had become a vacancies crisis. From ing the age of majority, or risk being Owen’s name in its place. It was not January 1995 when the Republican ma- outside the statute of limitations. Of until May of this year, at a hearing be- jority assumed control of the confirma- interest is the majority’s discussion of fore Senator SCHUMER, that this com- tion process in the Senate until the the importance of abiding by a prior mittee heard from any of President shift in majority last summer, vacan- Texas Supreme Court decision unani- Clinton’s three unsuccessful nominees cies rose from 65 to 110 and vacancies mously striking down a previous to the 5th Circuit. This May Mr. on the Courts of Appeals more than version of the statute. In what reads as Moreno and Mr. RANGEL testified along doubled from 16 to 33. I thought it im- a lecture to the dissent, then-Justice with a number of other Clinton nomi- portant to make as much progress as John Cornyn, the current Texas Attor- nees about their treatment by the Re- quickly as we could in the time avail- ney General and Republican nominee publican majority. Thus, Justice Owen able to us last year, and we did. Evalu- for the U.S. Senate, explains on behalf is the third nominee to this vacancy ating the record of a nominee whose of the majority: and the first to be accorded a hearing record raises questions as serious as Generally, we adhere to our precedents for before the Committee. those about Justice Owen simply takes reasons of efficiency, fairness, and legit- In fact, when the Committee held its longer. imacy. First, if we did not follow our own de- hearing on the nomination of Judge The responsibility to advice and con- cisions, no issue could ever be considered re- Edith Clement to the Fifth Circuit last sent on the President’s nominees is one solved. The potential volume of speculative fall, it was the first hearing on a Fifth that I take seriously and that this relitigation under such circumstances alone Circuit nominee in seven years. By committee takes seriously. Justice ought to persuade us that stare decisis is a sound policy. Secondly, we should give due contrast, Justice Owen is the third Owen’s nomination to the Court of Ap- consideration to the settled expectations of nomination to the Fifth Circuit on peals has been given a fair hearing and litigants like Emmanuel Wasson, who have which this committee has held a hear- a fair process before this Committee. I justifiably relied on the principles articu- ing in less than one year. In spite of thank all Members of the Committee lated in [the previous case]....Finally, the treatment by the former Repub- for their fairness. Those who have had under our form of government, the legit- lican majority of so many moderate ju- concerns have raised them and have imacy of the judiciary rests in large part dicial nominees of the previous Presi- heard the nominee’s responses, in pri- upon a stable and predictable decision- dent, we proceeded this July, as I said vate meetings, at her public hearing making process that differs dramatically from that properly employed by the political that we would, with a hearing on Jus- and in written follow-up questions. branches of government. Id. at 12–13. (Cita- tice Owen. I would particularly like to commend tions omitted.) Justice Owen is one among 16 Texas Senator FEINSTEIN for her nominees who have been considered by evenhandedness in chairing the hearing According to the conservative major- this Committee since I became Chair- for Justice Owen. It was a long day, in ity on the Texas Supreme Court, Jus- man. So far, five District Court judges, which nearly every Senator who is a tice Owen went out of her way to ig- four United State Attorneys, three member of this Committee came to nore precedent and would have ruled United States Marshals, and three ex- question Justice Owen, and Senator for the defendants. The conservative Republican majority followed prece- ecutive branch appointees from Texas FEINSTEIN handled it with patience and have moved swiftly through the Judici- fairness. dent and the doctrine of stare decisis. ary Committee. I am proud that Democrats and most In Montgomery Independent School When Justice Owen was initially Republicans have kept to the merits of District v. Davis, 34 S.W. 3d 559 (Tex. nominated, the President changed the this nomination, and have not chosen 2000), Justice Owen wrote another dis- confirmation process from that used by to vilify, castigate, unfairly charac- sent which drew fire from a conserv- Republican and Democratic Presidents terize and condemn without basis Sen- ative Republican majority, this time for more than 50 years. That resulted ators working conscientiously to fulfill for her disregard for legislative lan- in her ABA peer review not being re- their constitutional responsibilities. guage. In a challenge by a teacher who ceived until later in the summer. As a To those who will take this occasion to did not receive reappointment to her result of a Republican objection to the engage in name-calling or accusations position, the majority found that the Democratic leadership’s request to re- of political posturing, I can only ex- school board had exceeded its author- tain all judicial nominations pending press my disappointment. ity when it disregarded the Texas Edu- before the Senate through the August The constitutional responsibility to cation Code and tried to overrule a recess, the initial nomination of Jus- advise and consent to the President’s hearing examiner’s decision on the tice Owen was required by Senate rules life tenure judicial nominees is not an matter. Justice Owen’s dissent advo- to be returned to the President without occasion to rubber stamp. The nomina- cated for an interpretation contrary to action. The Committee nonetheless tion of Justice Priscilla Owen presents the language of the applicable statute. took the unprecedented action of pro- a number of areas of serious concern to The majority, which included Alberto ceeding during the August recess to me. Gonzales and two other appointees of hold two hearings involving judicial The first area of concern to me is then-Governor Bush, was quite explicit nominations, including a nominee to Justice Owen’s extremism even among about its view that Justice Owen’s po- the Court of Appeals for the Federal a conservative Supreme Court of sition disregarded the law: Circuit. Texas. The conservative Republican The dissenting opinion misconceives the In my efforts to accommodate a num- majority of the Texas Supreme Court hearing examiner’s role in the...process ber of Republican Senators, including has gone out of its way to criticize Jus- by stating that the hearing examiner ‘re- the Republican Leader, this Commit- tice Owen and the dissents she joined fused’ to make findings on the evidence the tee’s ranking member, and at least four in ways that are highly unusual and Board relies on to support its additional findings. As we explained above, nothing in other Republican members of this that highlight her ends-oriented activ- the statute requires the hearing examiner to Committee, I have scheduled hearings ism. A number of Texas Supreme Court make findings on matters of which he is for nominees out of the order in which Justices have pointed out how far from unpersuaded....Id. at 25–26. they were received. This has been a the language of statute she has strayed The majority also noted that: longstanding practice of the Com- in her attempts to push the law beyond mittee. what the legislature intended. The dissenting opinion’s misconception of It is also a fact that less controver- One example is the majority opinion the hearing examiner’s role stems from its disregard of the procedural elements the sial nominations are easier to consider in Weiner v. Wasson, 900 S.W.2d 316, Legislature established in subchapter F to and are, by and large, able to be sched- Tex. 1995. In this case, Justice Owen ensure that the hearing-examiner process is uled sooner than more controversial wrote a dissent advocating a ruling fair and efficient for both teachers and nominations. This is especially impor- against a medical malpractice plaintiff school boards. The Legislature maintained

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8450 CONGRESSIONAL RECORD — SENATE September 10, 2002 local control by giving school boards alone we have put aside our personal viewpoints larly those in which she was the sole the option to choose the hearing-examiner and endeavored to do our job as judges—that dissenter or dissented with the extreme process in nonrenewal proceedings....By is, to interpret and apply the Legislature’s right wing of the Court, her pattern of resolving conflicts in disputed evidence, ig- will as it has been expressed in the statute.’’ activism becomes clear. Her legal noring credibility issues, and essentially 19 S.W.3d 346. stepping into the shoes of the factfinder to In a separate concurrence, Justice Alberto views in so many cases involving statu- reach a specific result, the dissenting opin- Gonzales wrote that to the construe law as tory interpretation simply cannot be ion not only disregards the procedural limi- the dissent did, ‘‘would be an unconscionable reconciled with the plain meaning of tations in the statute but takes a position act of judicial activism.’’ the statute, the legislative intent, or even more extreme than that argued for by In re Jane Doe 3, Justice Enoch writes spe- the majority’s interpretation, leading the board. . . .’’ Id. at 28. cifically to rebuke Justice Owen and her fel- to the conclusion that she sets out to Collins v. Ison-Newsome, 73 S.W.3d low dissenters for misconstruing the legisla- justify some pre-conceived idea of what 178, is yet another case where a dissent, ture’s definition of the sort of abuse that may occur when parents are notified of a mi- the law ought to mean. This is not an joined by Justice Owen, was roundly nor’s intent to have an abortion, saying, appropriate way for a judge to make criticized by the Republican majority ‘‘abuse is abuse; it is neither to be trifled decisions. This is a judge whose record of the Texas Supreme Court. The Court with nor its severity to be second guessed.’’ reflects that she is willing and some- cogently stated the legal basis for its In one case that is perhaps the excep- times eager to make law from the conclusion that it had no jurisdiction tion that proves the rule, Justice Owen bench. to decide the matter before it, and as wrote a majority that was bitterly Justice Owen’s activism and extre- in other opinions where Justice Owen criticized by the dissent for its activ- mism is noteworthy in a variety of was in dissent, took time to explicitly ism. In In re City of Georgetown, 53 cases, including those dealing with criticize the dissent’s positions as con- S.W. 3d 328, (Tex. 2001), Justice Owen business interests, malpractice, access trary to the clear letter of the law. wrote a majority opinion finding that to public information, employment dis- At issue was whether the Supreme the city did not have to give the Austin crimination and Texas Supreme Court Court had the proper ‘‘conflicts juris- American-Statesman a report prepared jurisdiction, in which she writes diction’’ to hear the interlocutory ap- by a consulting expert in connection against individual plaintiffs time and peal of school officials being sued for with pending and anticipated litigation time again, in seeming contradiction of defamation. The majority explained because such information was ex- the law as written. that it did not because published lower pressly made confidential under other One of the cases where this trend is court decisions do not create the nec- law, namely the Texas Rules of Civil evident is FM Properties v. City of essary conflict between themselves. Procedure. Austin, 22 S.W. 3d 868 (Tex. 1998). I The arguments put forth by the dis- The dissent is extremely critical of asked Justice Owen about this 1998 en- sent, in which Justice Owen joined, of- Justice Owen’s opinion, citing the vironmental case at her hearing. In her fended the majority, and they made Texas law’s strong preference for dis- dissent from a 6–3 ruling, in which Jus- their views known, writing: closure and liberal construction. Ac- tice Alberto Gonzales was among the The dissenting opinion agrees that ‘‘be- cusing her of activism, Justice Abbott, majority, Justice Owen showed her cause this is an interlocutory joined by Chief Justice Phillips and appeal...this Court’s jurisdiction is lim- willingness to rule in favor of large pri- ited,’’ but then argues for the exact opposite Justice Baker, notes that the legisla- vate landowners against the clear pub- proposition...This argument defies the ture, ‘‘expressly identified eighteen lic interest in maintaining a fair regu- Legislature’s clear and express limits on our categories of information that are ’pub- latory process and clean water. Her dis- jurisdiction....The author of the dis- lic information’ and that must be dissent, which the majority characterized senting opinion has written previously that closed upon request...[sec. (a)] The as, ‘‘nothing more than inflammatory we should take a broader approach to the Legislature attempted to safeguard its rhetoric,’’ was an attempt to favor big conflicts-jurisdiction standard. But a major- policy of open records by adding sub- landowners. ity of the Court continues to abide by the section (b), which limits courts’ en- Legislature’s clear limits on our interlocu- In this case, the Texas Supreme tory-appeal jurisdiction. Id. at 182. croachment on its legislatively estab- Court found that a section of the Texas lished policy decisions.’’ Id. at 338. The They continue: Water Code allowing certain private dissent further protests: [T]he dissenting opinion’s reading of Gov- owners of large tracts of land to create ernment Code sec. 22.225(c) conflates con- [b]ut if this Court has the power to broaden ‘‘water quality zones,’’ and write their flicts jurisdiction with dissent jurisdiction, by judicial rule the categories of information own water quality regulations and thereby erasing any distinction between that are ‘confidential under other law,’ then plans, violated the Texas Constitution these two separate bases for jurisdiction. subsection (b) is eviscerated from the stat- because it improperly delegated legis- ute. By determining what information falls The Legislature identified them as distinct lative power to private entities. The bases for jurisdiction in sections 22.001(a)(1) outside subsection (a)’s scope, this Court may evade the mandates of subsection (b) Court found that the Water Code sec- and (a)(2), and section 22.225(c) refers specifi- tion gave the private landowners, ‘‘leg- cally to the two separate provisions of sec- and order information withheld whenever it tion 22.001(a) providing for conflicts and dis- sees fit. This not only contradicts the spirit islative duties and powers, the exercise sent jurisdiction....[W]e cannot simply and language of subsection (b), it guts it. Id. of which may adversely affect public ignore the legislative limits on our jurisdic- Finally, the opinion concluded by as- interests, including the constitution, and not even Petitioners argue that we serting that Justice Owen’s interpreta- tionally-protected public interest in should do so on this basis. Id. at 183. tion, ‘‘abandons strict construction water quality.’’ Id. at 876–77. The Court Again, Justice Owen joined a dissent and rewrites the statute to eliminate also found that certain aspects of the that the Republican majority described subsection (b)’s restrictions.’’ Id. at Code and the factors surrounding its as defiant of legislative intent and in 343. implementation weighed against the disregard of legislatively drawn limits. These examples, together with the delegation of power, including the lack Some of the most striking examples unusually harsh language directed at of meaningful government review, the of criticism of Justice Owen’s writings, Justice Owen’s position by the major- lack of adequate representation of citi- or the dissents and concurrences she ity in the Doe cases, show a judge out zens affected by the private owners’ ac- joins, come in a series of parental noti- of step with the conservative Repub- tions, the breadth of the delegation, fication cases heard in 2000. They in- lican majority of the Texas Supreme and the big landowners’ obvious inter- clude: Court, a majority not afraid to explain est in maximizing their own profits and In re Jane Doe 1, where the majority in- the danger of her activist views. minimizing their own costs. cluded an extremely unusual section explain- Ends-Oriented Judicial Activism The majority offered a strong opin- ing its view of the proper role of judges, ad- Showing Bias Against Consumers, Vic- ion, detailing its legal reasoning and monishing the dissent joined by Justice tims, Individuals.—I am also greatly explaining the dangers of offering too Owen for going beyond its duty to interpret the law in an attempt to fashion policy. concerned about Justice Owen’s record much legislative power to private enti- Giving a pointed critique of the dissenters, of ends-oriented decision making as a ties. By contrast, in her dissent, Jus- the majority explained that, ‘‘In reaching Justice on the Texas Supreme Court. tice Owen argued that, ‘‘[w]hile the the decision to grant Jane Doe’s application, As one reads case after case, particu- Constitution certainly permits the

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8451 Legislature to enact laws that preserve tiffs would not support a judgment. factor. Congress’s fix, in Section 107 of and conserve the State’s natural re- Looking again at her dissent, I do not the Civil Rights Act of 1991, does not sources, there is nothing in the Con- see why, if that was what she truly in- specify whether the motivating factor stitution that requires the Legislature tended, she did not say so in language standard applies to both sorts of dis- to exercise that power in any par- plain enough to be understood, or why crimination cases, the so-called ‘‘mixed ticular manner,’’ ignoring entirely the she thought it necessary to write and motive’’ cases as well as the ‘‘pretext’’ possibility of an unconstitutional dele- say it in the first place. It is a some- cases. gation of power. Id. at 889. Her view what curious distinction to make—to The Texas majority concluded that strongly favored large business inter- advocate that in a tort case a judge they must rely on the plain language of ests to the clear detriment of the pub- should write a separate concurrence to the statute as amended, which could lic interest, and against the persuasive explain which part of the plaintiff’s not be any clearer that under Title VII legal arguments of a majority of the case, standing alone, would not support discrimination can be shown to be ‘‘a’’ Court. a finding of liability. Neither her writ- motivating factor. Justice Owen joined When I asked her about this case at ten concurrence, nor her answers in ex- Justice Hecht in claiming that federal her hearing, I found her answer per- planation after the fact, is satisfactory case law is clear (in favor of their plexing. In a way that she did not explanation of her position in this case. view), and opted for a reading of the argue in her written dissent, at her In City of Garland v. Dallas Morning statute that would turn it into its hearing Justice Owen attempted to News, 22 S.W. 3d 351 (Tex. 2000), Justice polar opposite, forcing plaintiffs into cast the FM Properties case not as, ‘‘a Owen dissented from a majority opin- just the situation legislators were try- fight between and City of Austin and ion and, again, it is difficult to justify ing to avoid. This example of Justice big business, but in all hon- her views other than as based on a de- Owen’s desire to change the law from esty,...really a fight about... the sire to reach a particular outcome. The the bench, instead of interpret it, fits State of Texas versus the City of Aus- majority upheld a decision giving the President Bush’s definition of activism tin.’’ Transcript at 69. In the written newspaper access to a document out- to a ‘‘T’’. Justice Owen has also demonstrated dissent however, she began by stating lining the reasons why the city’s fi- her tendency toward ends-oriented de- the, ‘‘importance of this case to private nance director was going to be fired. cision making quite clearly in a series property rights and the separation of Justice Owen made two arguments: of dissents and concurrences in cases that because the document was consid- powers between the judicial and legis- involving a Texas law providing for a ered a draft it was not subject to dis- lative branches . . .’’, and went on to judicial bypass of parental notification closure, and that the document was ex- decry the Court’s decision as one that, requirements for minors seeking abor- empt from disclosure because it was ‘‘will impair all manner of property tions. rights.’’ 22 S.W. 3d at 889. At the time part of policy making. Both of these The most striking example is Justice she wrote her dissent, Justice Owen exceptions were so large as to swallow Owen’s expression of disagreement was certainly clear about the meaning the rule requiring disclosure. The ma- with the majority’s decision on key of this case—property rights for cor- jority rightly points out that if Justice legal issues in Doe 1. She strongly dis- porations. Owen’s views prevailed, almost any agreed with the majority’s holding on Another case that concerned me is document could be labeled draft to what a minor would have to show in the case of GTE Southwest, Inc. v. shield it from public view. Moreover, to order to establish that she was, as the Bruce, 990 S.W.2d 605, where Justice call a personnel decision a part of pol- statute requires, ‘‘sufficiently well in- Owen wrote in favor of GTE in a law- icy making is such an expansive inter- formed’’ to make the decision on her suit by employees for intentional in- pretation it would leave little that own. While the conservative Repub- fliction of emotional distress. The rest would not be ‘‘policy’’. lican majority laid out a well-reasoned of the Court held that three employees Quantum Chemical v. Toennies, 47 test for this element of the law, based subjected to what the majority charac- S.W. 3d 473 (Tex. 2001), is another trou- on the plain meaning of the statute terized as ‘‘constant humiliating and bling case where Justice Owen joined a and well-cited case law, Justice Owen abusive behavior of their supervisor’’ dissent advocating an activist interpre- inserted elements found in neither au- were entitled to the jury verdict in tation of a clearly written statute. In thority. Specifically, Justice Owen in- their favor. Despite the Court’s recita- this age discrimination suit brought sisted that the majority’s requirement tion of an exhaustive list of sickening under the Texas civil rights statute, that the minor be ‘‘aware of the emo- behavior by the supervisor, and its the relevant parts of which were mod- tional and psychological aspects of un- clear application of Texas law to those eled on Title VII of the federal Civil dergoing an abortion’’ was not suffi- facts, Justice Owen wrote a concurring Rights Act (and its amendments), the cient and that among other require- opinion to explain her difference of appeal to the Texas Supreme Court ments with no basis in the law, she, opinion on the key legal issue in the centered on the standard of causation ‘‘would require . . . [that the minor] case—whether the behavior in evidence necessary for a finding for the plaintiff. should . . . indicate to the court that met the legal standard for intentional The plaintiff argued, and the five jus- she is aware of and has considered that infliction of emotional distress. tices in the majority agreed, that the there are philosophic, social, moral, Justice Owen contended that the con- plain meaning of the statute must be and religious arguments that can be duct was not, as the standard requires, followed, and that the plaintiff could brought to bear when considering abor- ‘‘so outrageous in character, and so ex- prove an unlawful employment prac- tion.’’ In re Doe 1, 19 S.W. 3d 249, 256 treme in degree, as to go beyond all tice by showing that discrimination (Tex. 2000) possible bounds of decency . . .’’ Id. at was ‘‘a motivating factor.’’ The em- In her written concurrence, Justice 621. The majority opinion shows Jus- ployer corporation argued, and Jus- Owen indicated, through legal citation, tice Owen’s concurrence advocating an tices Hecht and Owen agreed, that the that support for this proposition could inexplicable point of view that ignores plain meaning could be discarded in be found in a particular page of the Su- the facts in evidence in order to reach favor of a more tortured and unneces- preme Court’s opinion in Planned Par- a predetermined outcome in the cor- sary reading of the statute, and that enthood v. Casey. However, when one poration’s favor. the plaintiff must show that discrimi- looks at that portion of the Casey deci- At her hearing, in answer to Senator nation was ‘‘the motivating factor,’’ in sion, one finds no mention of requiring EDWARDS’ questions about this case, order to recover damages. a minor to acknowledge religious or Justice Owen again gave an expla- The portion of Title VII on which the moral arguments. The passage talks in- nation not to be found in her written majority relies for its interpretation stead about the ability of a State to, views. She told him that she agreed was part of Congress’s 1991 fix to the ‘‘enact rules and regulations designed with the majority’s holding, and wrote United States Supreme Court’s opinion to encourage her to know that there separately only to make sure that fu- in the Price Waterhouse case, which are philosophic and social arguments of ture litigants would not be confused held that an employer could avoid li- great weight that can be brought to and think that out of context, any one ability if the plaintiff could not show bear,’’ Casey at 872. Justice Owen’s re- of the outrages suffered by the plain- discrimination was ‘‘the’’ motivating liance on this portion of a United

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8452 CONGRESSIONAL RECORD — SENATE September 10, 2002 States Supreme Court opinion to repeat performance: sending Justice too late in the birthing process for it to write Texas law was simply wrong. Owen to a court one step below the Su- make a difference. Also, State health As she did in answer to questions preme Court of the United States, at- departments may not follow-up ade- about a couple of other cases at her tempting to skew its decisions out of quately with the parents of a child who hearing, Justice Owen tried to explain step with the mainstream. receives a positive test result, and away this problem with an after the Before and after he took office, Presi- health departments may not have the fact justification. She told Senator dent Bush said he wanted to be a uniter capacity to effectively record or track CANTWELL that the reference to reli- and not a divider, yet he has sent the a large number of positive results. gion was not to be found in Casey after Senate several nominees who divide The bill we are introducing today all, but in another U.S. Supreme Court the Senate and the American people. would go a long way toward stream- case, H.L. v. Matheson. She explained Over the last 14 months, the Judiciary lining the current newborn screening that in, ‘‘Matheson they talk about Committee has exceeded the pace of re- system by offering states grants to ac- that for some people it raises profound cent years in approving more than six complish the following: build and ex- moral and religious concerns, and dozen of the President’s judicial nomi- pand existing procedures and systems they’re talking about the desirability nees—most of them, conservative Re- to report test results to individuals and or the State’s interest in these kinds of publicans. The Senate by now has con- families, and primary care physicians considerations in making an informed firmed 73 of them. This committee and and subspecialties; coordinate ongoing decision.’’ Transcript at 172. But again, the Senate have made the judgment follow-up treatment with individuals, on reading Matheson, one sees that the that those nominees will fulfill their families, and primary care physicians only mention of religion comes in a duties to act fairly and impartially. I after a newborn receives an indication quotation meant to explain why the urge the President to choose nominees of the presence of a disorder on a parents of the minor are due notifica- who fit that profile, not the profile of screening test; ensure seamless inte- tion, not about the contours of what Justice Owen. gration of confirmatory testing, ter- the government may require someone The oath taken by Federal judges af- tiary care, genetic services, including to prove to show she was fully well in- firms their commitment to ‘‘admin- counseling, and access to developing formed. Her reliance on Matheson for ister justice without respect to per- therapies by participation in approved her proposed rewrite of the law is just sons, and do equal right to the poor and clinical trials involving the primary as faulty as her reliance on Casey. Nei- to the rich.’’ No one who enters a fed- health care of the infant; and analyze ther one supports her reading of the eral courtroom should have to wonder collected data to identify populations law. She simply tries a little bit of whether he or she will be fairly heard at high risk, examine and respond to legal smoke and mirrors to make it ap- by the judge. Justice Priscilla Owen’s health concerns, recognize and address pear as if they did. This is the sort of record shows me that she has not ful- relevant environmental, behavioral, so- ends-oriented decision making that de- filled that commitment on the Su- cioeconomic, demographic, and other stroys the belief of a citizen in a fair preme Court of Texas, and I cannot factors. legal system. And most troubling of all vote to confirm her for this appoint- This bill is a good start toward ensuring that all newborns receive equal was her indicating to Senator FEIN- ment to one of the highest courts in access to genetic tests and that their STEIN that she still views her dissents the land. follow-up care, if needed, is available in the Doe cases as the proper reading f and construction of the Texas statute. and coordinated. The importance of Last May, President Bush said that IMPROVING THE GENETIC these screenings cannot be overstated. his standard for judging judicial nomi- NEWBORN SCREENING PROGRAM It can mean the difference between life nees would be that they ‘‘share a com- Mr. DEWINE. Mr. President, on Au- and death for a newborn. And that, is mitment to follow and apply the law, gust 1, along with my colleague from something we must address. not to make law from the bench.’’ Pris- Connecticut, Senator DODD, introduced I ask my colleagues for their support. cilla Owen’s record, as I have described a bill designed to improve the Nation’s f it today, does not qualify her under current genetic newborn screening pro- ADDITIONAL STATEMENTS that standard for a lifetime appoint- gram. Our legislation would provide ment to the Federal bench. education grants for physicians and The President has often spoken of ju- parents, as well as grants to States to FIESTA 2002 CELEBRATION dicial activism without acknowledging improve follow-up and tracking of ∑ Mr. LUGAR. Mr. President, as a life- that ends-oriented decision making can those children who receive a heelstick long supporter of cultural heritage come easily to ideological conservative screening and receive a positive result events and friend of the Indianapolis nominees. In the case of Priscilla for metabolic, genetic, infectious, and Hispanic-Latino Community, I rise Owen, we see a perfect example of such other congenital conditions that today to share with my colleagues my an approach to the law, and I cannot threaten their health and life. interest in, and strong support for, an support it. Each year, newborn screening identi- important cultural event that will take As I said earlier, when the President fies an estimated 3,000 babies with con- place in Indianapolis on September 21. sends us a nominee who raises concerns ditions that would otherwise have had For the 22nd year, Fiesta will be held over qualifications or integrity or who dire consequences. But despite their on the American Legion Mall in down- has a misunderstanding of the appro- clear importance, our newborn screen- town Indianapolis to celebrate His- priate role of a federal judge, I will ing systems are fragmented. Quite sim- panic culture and heritage. This is the make my concerns known. This is one ply, all children do not have access to premier Hispanic cultural event for the of those times. In his selection of Pris- the same genetic tests. Where a child is State of Indiana. cilla Owen for the Fifth Circuit, the born and what tests are offered in that Fiesta 2002 will highlight the music, President and his advisors are trying State is what determines the tests a food, and traditions of Hispanic culture to do to the Fifth Circuit what they did newborn receives. In my home State of and provide an educational opportunity to the Texas Supreme Court. Plucked Ohio, we test for 12 disorders, while for everyone to learn more about His- from a law firm by political consultant right across the border in Kentucky, panic traditions and understand the Karl Rove, Justice Owen ran as a con- they test for only four disorders and in contributions Hispanics in Indiana servative, pro-business candidate for Pennsylvania, they test for five. In have made to enrich and strengthen the Texas Supreme Court, and she re- Massachusetts, however, newborns are our community. ceived ample support from the business tested for 29 disorders. Attendees for this public event will community. She fulfilled her promise, Furthermore, parents often are not have the opportunity to enjoy a wide becoming the most conservative judge sufficiently informed of the number of range of activities that showcase the on a conservative court, standing out tests available in their state and what Hispanic traditions in music, history, for her ends-oriented, extremist deci- those tests can help accomplish. Physi- art, and food, among many others. In- sion making. Now, on a bigger stage, cians may not know to educate par- formation booths, contests, and speak- the President and Mr. Rove want a re- ents, or physicians may talk to parents ers will be set up to encourage

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8453 attendees and their families to experi- she was 97 years old. Finally, she was the Senate by Ms. Evans, one of his ence and enjoy the many educational, named Senior of the Year in Chinook. secretaries. social, and culinary offerings that will She is a treasure to her community, f be available. her State, and of course, to her fam- Fiesta is organized and coordinated ily.∑ EXECUTIVE MESSAGES REFERRED by Fiesta Indianapolis Inc., a non-prof- f As in executive session the PRE- it volunteer organization. Fiesta’s mis- CONGRATULATIONS TO D.C. SIDING OFFICER laid before the Sen- sion is to promote and preserve His- MURPHY ate messages from the President of the panic culture in central Indiana. Exec- United States submitting sundry nomi- ∑ Mr. CRAIG. Mr. President, I would utive Director Carmen DeRusha has nations which were referred to the ap- like to take this opportunity to con- done outstanding work to coordinate propriate committees. gratulate D.C. Murphy of Nampa, ID on Fiesta 2002, and I am thankful to her (The nominations received today are his recent achievement of driving two for her leadership in organizing the printed at the end of the Senate pro- million miles without a preventable ac- many individuals, groups, and busi- ceedings.) nesses that are a part of this event. cident. Put into perspective, that is I am so pleased to join in this cele- equivalent to driving around the world f bration, and I welcome the opportunity eighty times, or driving 275 miles every MESSAGE FROM THE HOUSE to be a part of Fiesta 2002. The success day for the last twenty years. As I am sure you can imagine, this is an incred- At 12:46 p.m., a message from the and longevity of the Fiesta event is at- House of Representatives, delivered by tributable to the growth and strength ible feat. Over the twenty years he has been employed by Yellow Transpor- Ms. Niland, one of it reading clerks, an- of the Hispanic presence in Indiana, nounced that the House has passed the and to the dedication and commitment tation, the roads have become increasingly crowded. To travel as many miles following bills, in which it requests the of everyone involved planning Fiesta concurrence of the Senate: 2002. as he has without an avoidable acci- Fiesta 2002 is important for the Hoo- dent is an achievement of which he H.R. 4797. An act to redesignate the facility of the United States Postal Service lo- sier State and I want to share with my should be very proud. Over the last twenty years there has cated at 265 South Western Avenue, Los An- colleagues in the Senate my support geles, California, as the ‘‘Nat King Cole Post for this great event. The Hispanic com- been a 39 percent increase in the number of registered large trucks, and at Office’’. munity is strong in Indiana and grow- H.R. 5157. An act to amend section 5307 of the same time also a 90 percent in- ing stronger every day. Fiesta 2002 is a title 49, United States Code, to allow transit crease in the number of miles these wonderful opportunity to learn more systems in urbanized areas that, for the first trucks traveled. It is a credit to the about Hispanic heritage and to cele- time, exceeded 200,000 in population accord- trucking industry, D.C. Murphy, and brate their rich and vibrant traditions ing to the 2000 census to retain flexibility in other truckers with similar responsible the use of Federal transit formula grants in that broaden and strengthen the fabric driving habits that even though there fiscal year 2003, and for other purposes. of our community in Indiana.∑ are more trucks than ever before on H.R. 5336. An act to designate the facility f the road, the number of accidents has of the United States Postal Service located at 380 Main Street in Farmingdale, New NORMA EUDORA CRONK continued to decrease. Again, let me commend D.C. Murphy York, as the ‘‘Peter J. Ganci, Jr. Post Office ∑ Mr. BAUCUS. Mr. President, I would Building’’. like to take the opportunity to con- on this accomplishment. I would like to wish him continued safety for as The message also announced that the gratulate Norma Eudora Cronk long as he is on the road.∑ House has agreed to the following con- Dickson. On October 16th, 2002 she will current resolutions, in which it re- f celebrate her 100th birthday. Norma is quests the concurrence of the Senate: a resident of Chinook, MT. IN MEMORY OF SAM SIMMONS, H. Con. Res. 442. Concurrent resolution rec- Norma Dickson was born October 16, SHERIFF OF GREENVILLE, SC ognizing the American Road and Transpor- 1902. She was the eldest of four children ∑ Mr. HOLLINGS. Mr. President, I re- tation Builders Association for reaching its born to John Colburn Cronk and Anna ceived sad news from my home State 100th Anniversary and for the many vital Rogers Cronk. John and Anna Cronk last week. Sam Simmons, the sheriff of contributions of its members in the trans- moved to Montana in 1898, and settled portation construction industry to the Greenville, SC, was tragically taken American economy and quality of life in the Milk River Valley in Coburg, from us. Sheriff Simmons was a tre- MT. Her parents were ranchers and through the multi-modal transportation in- mendous public servant and long-time frastructure network its members have de- prominent members of the community. friend to law enforcement. He began signed, built, and managed over the past cen- Her father John was elected state rep- his law enforcement career at the age tury. resentative in Montana in 1923. Her of 20 and served his community and H. Con. Res. 401. Concurrent resolution rec- parents raised cattle and prize winning state for nearly 29 years in this field. ognizing the heroism and courage displayed Percheron horses. The livestock pavil- During his career, this tenacious, yet by airline flight attendants each day. ion at the Blaine County Fairgrounds soft-spoken man worked his way up The message further announced that was dedicated to her father’s memory. through the ranks in the Greenville pursuant to section 503(b)(3) of the Na- Norma attended college and taught County Sheriff’s Office from dispatcher tional Skill Standards Act of 1994 (20 for a few years prior to her marriage in to the top law enforcement officer for U.S.C. 5933), and upon the recommenda- 1928 to Dr. Joseph Robert Dickson, an- Greenville County. I had the oppor- tion of the Minority Leader, the Speak- other Montana native who practiced tunity to work with Sheriff Simmons er reappoints the following member on dentistry in Chinook, Montana. and his staff over the years and knew the part of the House of Representa- Norma and Dr. Dickson had four chil- him to be an extraordinary example of tives to the National Skill Standards dren; Joseph Robert Dickson Jr., how law enforcement officials should Board for a 4-year term: Mr. William E. Marilyn Dickson Gregg, James Cronk conduct both themselves and their de- Weisgerber of Iona, Michigan. Dickson, and George William Hunt partments. f Dickson. They also have thirteen Last week, several police officers in grandchildren and ten great-grand- Sheriff Simmons’ department called MEASURES REFERRED children. him a ‘‘lawman’s lawman.’’ I echo The following bills were read the first In addition to Norma’s dedication to these sentiments and offer my heart- and the second times by unanimous her family, she has been very active in felt condolences to his wife, Mona, and consent, and referred as indicated: her community of Chinook, MT. Her their family.∑ involvements include the Eastern Star, H.R. 4797. An act to redesignate the facil- f ity of the United States Postal Service lo- Chinook Presbyterian Church, and MESSAGES FROM THE PRESIDENT cated at 265 South Western Avenue, Los An- High School Girl’s State. She has also geles, California, as the ‘‘Nat King Cole Post worked at the Chinook Senior Center Messages from the President of the Office’’; to the Committee on Governmental as a volunteer from its inception until United States were communicated to Affairs.

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8454 CONGRESSIONAL RECORD — SENATE September 10, 2002 H.R. 5336. An act to designate the facility through December 31, 2001; to the Committee EC–8851. A communication from the Under of the United States Postal Service located on the Judiciary. Secretary for Industry and Security, Depart- at 380 Main Street in Farmingdale, New EC–8840. A communication from the Under ment of Commerce, transmitting, pursuant York, as the ‘‘Peter J. Ganci, Jr. Post Office Secretary of Defense, Acquisition, Tech- to law, the report of foreign policy-based ex- Building’’; to the Committee on Government nology and Logistics, transmitting, pursuant port controls on certain ‘‘space qualified’’ Affairs. to law, the Report on Nuclear-Powered Sub- items on the Commerce Control List (CCL) The following concurrent resolution marine Force Structure, Supporting the Na- in the Export Administration Regulations tional Military Strategy through 2020; to the (EAR); to the Committee on Banking, Hous- was read, and referred as indicated: Committee on Armed Services. ing , and Urban Affairs. H. Con. Res. 442. Concurrent resolution rec- EC–8841. A communication from the Assist- EC–8852. A communication from the Assist- ognizing the American Road and Transpor- ant Director for Executive and Political Per- ant Secretary for Export Administration, tation Builders Association for reaching its sonnel, Department of Defense, transmit- Bureau of Industry and Analysis, Depart- 100th Anniversary and for the many vital ting, pursuant to law, the report of a va- ment of Commerce, transmitting, pursuant contributions of its members in the trans- cancy in the position of Deputy Under Sec- to law, the report of a rule entitled ‘‘Revi- portation construction industry to the retary of Defense for Policy, received on Au- sion to the Export Administration Regula- American economy and quality of life gust 27, 2002; to the Committee on Armed tions: Denied Persons List’’ (RIN 0694–AC58) through the multi-modal transportation in- Services. received on September 6, 2002; to the Com- frastructure network its members have de- EC–8842. A communication from the Assist- mittee on Banking, Housing, and Urban Af- signed, built, and managed over the past cen- ant Director, Executive and Political Per- fairs. tury; to the Committee on the Judiciary. sonnel, Department of Defense, transmit- EC–8853. A communication from the Assist- ting, pursuant to law, the report of a nomi- ant Secretary for Export Administration, f nation for the position of Deputy Under Sec- Bureau of Industry and Security, Depart- MEASURES PLACED ON THE retary of Defense for Personnel and Readi- ment of Commerce, transmitting, pursuant CALENDAR ness, received on August 15, 2002; to the Com- to law, the report of a rule entitled ‘‘Revi- mittee on Armed Services. sion and Clarifications to the Export Admin- The following concurrent resolution EC–8843. A communication from the Assist- istration Regulations-Nuclear Nonprolifera- was read the first and second times by ant Director, Executive and Political Per- tion Controls: Nuclear Suppliers Group’’ unanimous consent, and placed on the sonnel, Department of Defense, transmit- (RIN 0694–AC52) received on September 6, calendar: ting, pursuant to law, the report of a nomi- 2002; to the Committee on Banking, Housing, nation confirmed for the position of Inspec- and Urban Affairs. H. Con. Res. 401. Concurrent resolution rector General, received on August 15, 2002; to EC–8854. A communication from the Gen- ognizing the heroism and courage displayed the Committee on Armed Services. eral Counsel, Office of Federal Financial by airline flight attendants each day. EC–8844. A communication from the Acting Management, Office of Management and f General Counsel, Department of Defense, Budget, transmitting, pursuant to law, the transmitting, a draft of proposed legislation report of a vacancy in the position of Con- EXECUTIVE AND OTHER relating to the transfer of a certain naval troller, received on August 20, 2002; to the COMMUNICATIONS vessel to the Government of Mexico; to the Committee on Governmental Affairs. The following communications were Committee on Armed Services. EC–8855. A communication from the Gen- EC–8845. A communication from the Gen- laid before the Senate, together with eral Counsel, Office of Management and eral Counsel of the Department of Defense, Budget, transmitting, pursuant to law, the accompanying papers, reports, and doc- transmitting, a draft of proposed legislation report of a nomination confirmed for the po- uments, which were referred as indi- to strengthen the management structure of sition of Deputy Director for Management, cated: the Office of the Secretary of Defense; to the received on August 20, 2002; to the Com- EC–8834. A communication from the Assist- Committee on Armed Services. mittee on Governmental Affairs. ant Attorney General, Office of Legislative EC–8846. A communication from the Under EC–8856. A communication from the Direc- Affairs, Department of Justice, transmit- Secretary of Defense, Acquisition, Tech- tor, Court Services and Offender Supervision ting, a draft of proposed legislation to pro- nology and Logistics, transmitting, a report Agency for the District of Columbia, trans- identifying additional emergency procure- vide the Federal Bureau of Investigation mitting, a draft of proposed legislation enti- ment authorities needed to support anti-ter- (FBI) with the authority it needs to prevent tled ‘‘Court Services and Offender Super- rorism operations; to the Committee on the unauthorized use of the FBI’s name and vision Agency Interstate Supervision Act of Armed Services. 2002’’; to the Committee on Governmental initials; to the Committee on the Judiciary. EC–8847. A communication from the Prin- EC–8835. A communication from the Sec- Affairs. cipal Deputy Associate Administrator of the EC–8857. A communication from the Direc- retary of the Treasury, the Secretary of Edu- Environmental Protection Agency, transmit- cation, and the Director of the Office of Man- tor, Court Services and Offender Supervision ting, pursuant to law, the report of a rule en- Agency for the District of Columbia, trans- agement and Budget, transmitting jointly, a titled ‘‘Iodosulfuron-Methyl-Sodium; Pes- mitting, a draft of proposed legislation enti- draft of proposed legislation that would ticide Tolerance’’ (FRL 7187–2) received on tled ‘‘Court Services and Offender Super- allow the Internal Revenue Service (IRS) to September 3, 2002; to the Committee on Agri- vision Agency Appointment Act of 2002’’; to match the income reported on Federal stu- culture, Nutrition, and Forestry. the Committee on Governmental Affairs. dent aid applications with income tax return EC–8848. A communication from the Prin- EC–8858. A communication from the Sec- data; to the Committee on Finance. cipal Deputy Associate Administrator of the retary of Transportation, transmitting, pur- EC–8836. A communication from the Assist- Environmental Protection Agency, transmit- suant to law, the Semiannual Report of the ant Secretary of Indian Affairs, transmitting, pursuant to law, the report of a rule en- Office of the Inspector General for the period ting, pursuant to law, the report of a rule entitled ‘‘Lactic acid, ethyl ester and Lactic October 1, 2001 through March 31, 2002; to the titled ‘‘25 CFR 39, Indian School Equali- acid, n-butyl ester; Exemptions from the Re- Committee on Governmental Affairs. zation Program’’ (RIN 1076–AE14) received on quirement of a Tolerance’’ (FRL 7196–6) re- EC–8859. A communication from the Sec- August 12, 2002; to the Committee on Indian ceived on September 3, 2002; to the Com- retary of the Treasury, transmitting, a draft Affairs. mittee on Agriculture, Nutrition, and For- of proposed legislation entitled ‘‘District of EC–8837. A communication from the Sec- estry. Columbia Retirement Protection Improve- retary of Agriculture, transmitting, a draft EC–8849. A communication from the Prin- ment Act of 2002’’; to the Committee on Gov- of proposed legislation to amend the Packers cipal Deputy Associate Administrator of the ernmental Affairs. and Stockyards Act, 1921, to provide author- Environmental Protection Agency, transmit- EC–8860. A communication from the Chief ity to collect license fees to cover the costs ting, pursuant to law, the report of a rule en- Operating Officer/President, Financing Cor- of the Packers and Stockyards programs; to titled ‘‘Cypemethrin and an Isomer Zeta- poration, transmitting, pursuant to law, the the Committee on Agriculture, Nutrition, cypermethrin; Pesticide Tolerances for report relative to the statement of the sys- and Forestry. Emergency Exemptions’’ (FRL 7197–7) re- tem on internal controls for December 31, EC–8838. A communication from the Chief ceived on September 3, 2002; to the Com- 2000 and 2001; to the Committee on Govern- of the Regulations Branch, Customs Service, mittee on Agriculture, Nutrition, and For- mental Affairs. Department of the Treasury, transmitting, estry. EC–8861. A communication from the Assist- pursuant to law, the report of a rule entitled EC–8850. A communication from the Senior ant Secretary for Water and Science, Bureau ‘‘Pleasure Vessels of Marshall Islands Enti- Paralegal, Regulations, Office of Thrift Su- of Reclamation, Department of the Interior, tled to Cruising Licenses’’ (T.D. 02–48) re- pervision, Department of the Treasury, transmitting, pursuant to law, the report of ceived on August 12, 2002; to the Committee transmitting, pursuant to law, the report of a rule entitled ‘‘Public Conduct on Bureau of on Finance. a rule entitled ‘‘Mutual Savings Associa- Reclamation Lands and Projects’’ (RIN 1006– EC–8839. A communication from the Gen- tions, Mutual Holding Company Reorganiza- AA44) received on August 12, 2002; to the eral Counsel, National Tropical Botanical tions, and Conversions from Mutual to Stock Committee on Energy and Natural Re- Garden, transmitting, pursuant to law, a Form’’ (RIN 1550–AB24) received on August 1, sources. copy of the independent audit report for the 2002; to the Committee on Banking, Housing, EC–8862. A communication from the Assist- Garden for the period from January 1, 2001 and Urban Affairs. ant Secretary for Water and Science, Bureau

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8455 of Reclamation, Department of the Interior, EC–8873. A communication from the Assist- Environmental Protection Agency, transmit- transmitting, pursuant to law, the report of ant Secretary for Legislative Affairs, De- ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Law Enforcement Authority partment of State, transmitting, pursuant to titled ‘‘Approval and Promulgation of Air at Bureau of Reclamation Projects’’ (RIN the Arms Export Control Act, the report of a Quality Implementation Plans; State of 1006–AA42) received on August 12, 2002; to the certification of a proposed license for the ex- South Dakota; New Source Performance Committee on Energy and Natural Re- port of defense articles to India; to the Com- Standards’’ (FRL7374–3) received on Sep- sources. mittee on Foreign Relations. tember 6, 2002; to the Committee on Environ- EC–8863. A communication from the Assist- EC–8874. A communication from the Assist- ment and Public Works. ant General Counsel for Regulatory Law, Of- ant Secretary for Legislative Affairs, De- EC–8883. A communication from the Prin- fice of Procurement and Assistance Policy, partment of State, transmitting, pursuant to cipal Deputy Associate Administrator of the Department of Energy, transmitting, pursu- the Arms Export Control Act, the report of a Environmental Protection Agency, transmit- ant to law, the report of a rule entitled ‘‘Do- certification of a proposed license for the ex- ting, pursuant to law, the report of a rule en- mestic and Foreign Procurement Preference port of defense articles to Pakistan; to the titled ‘‘Approval and Promulgation of Imple- Rules’’ (AL–2002–06) received on August 27, Committee on Foreign Relations. mentation Plans; Indiana; Volatile Organic 2002; to the Committee on Energy and Nat- EC–8875. A communication from the Prin- Compound Regulations’’ (FRL7273–5) re- ural Resources. cipal Deputy Associate Administrator of the ceived on September 6, 2002; to the Com- EC–8864. A communication from the Gen- Environmental Protection Agency, transmit- mittee on Environment and Public Works. eral Counsel, Federal Energy Regulatory ting, a report entitled ‘‘Fiscal Year 2003 EC–8884. A communication from the Prin- Commission, transmitting, pursuant to law, Chesapeake Bay Program Activity Grants’’; cipal Deputy Associate Administrator of the the report of a rule entitled ‘‘Civil Monetary to the Committee on Environment and Pub- Environmental Protection Agency, transmit- Penalty Inflation Adjustment Rule’’ (Order lic Works. ting, pursuant to law, the report of a rule en- No. 890) received on September 3, 2002; to the EC–8876. A communication from the Prin- titled ‘‘Approval and Promulgation of State Committee on Energy and Natural Re- cipal Deputy Associate Administrator of the Implementation Plans; Minnesota’’ sources. Environmental Protection Agency, transmit- (FRL7264–9) received on September 6, 2002; to EC–8865. A communication from the Assist- ting, pursuant to law, the report of a rule en- the Committee on Environment and Public ant Secretary for Legislative Affairs, De- titled ‘‘Approval and Promulgation of Air Works. partment of State, transmitting, pursuant to Quality Implementation Plans; Maine; Rea- EC–8885. A communication from the Prin- the Arms Export Control Act, the report of a sonable Available Control Technology for Ni- cipal Deputy Associate Administrator of the certification of a proposed license for the ex- trogen Oxides’’ (FRL7269–6) received on Sep- Environmental Protection Agency, transmit- port of defense articles or defense services tember 3, 2002; to the Committee on Environ- ting, pursuant to law, the report of a rule en- sold commercially under a contract in the ment and Public Works. titled ‘‘Guidance for Combining Award of EC–8877. A communication from the Prin- amount of $50,000,000 or more to Japan; to Grants for Counter-Terrorism Coordination cipal Deputy Associate Administrator of the the Committee on Foreign Relations. Activities and Award of Grants for Technical EC–8866. A communication from the Assist- Environmental Protection Agency, transmit- Assistance and Training for Drinking Water ant Secretary for Legislative Affairs, De- ting, pursuant to law, the report of a rule en- System Security (for Systems Serving Fewer partment of State, transmitting, pursuant to titled ‘‘National Emission Standards for Haz- Than 100,000 People) by States and Terrorists the Arms Export Control Act, the report of a ardous Air Pollutants; National Emission into a Single Multiple-Appropriations Grant certification of a proposed license for the ex- Standards for Emission of Radionucledes port of defense articles to India; to the Com- Other Than Radon From Department of En- Award’’ received on September 6, 2002; to the mittee on Foreign Relations. ergy Facilities National Emission Standards Committee on Environment and Public EC–8867. A communication from the Assist- for Radionuclide Emission from Federal Fa- Works. EC–8886. A communication from the Prin- ant Secretary for Legislative Affairs, De- cilities Other Than Nuclear Regulatory Com- cipal Deputy Associate Administrator of the partment of State, transmitting, pursuant to mission Licenses and Not Covered by Sub- Environmental Protection Agency, transmit- the Arms Export Control Act, the report of a part H; Final Amendment’’ (FRL7271–3) re- ting, pursuant to law, the report of a rule en- certification of a proposed license for the ex- ceived on September 3, 2002; to the Com- port of defense articles to India; to the Com- mittee on Environment and Public Works. titled ‘‘Oregon: Final Authorization of State mittee on Foreign Relations. EC–8878. A communication from the Prin- Hazardous Waste Management Program Re- EC–8868. A communication from the Assist- cipal Deputy Associate Administrator of the vision’’ (FRL7373–6) received on September 6, ant Secretary for Legislative Affairs, De- Environmental Protection Agency, transmit- 2002; to the Committee on Environment and partment of State, transmitting, pursuant to ting, pursuant to law, the report of a rule en- Public Works. the Arms Export Control Act, the report of a titled ‘‘Ambient Air Quality Surveillance EC–8887. A communication from the Chair- certification regarding the proposed transfer and Designation of Areas for Air Quality man of the Nuclear Regulatory Commission, of major defense equipment valued (in terms Planning Purposes; Louisiana; Modification transmitting, a report relative to safety and of its original acquisition cost) at $14,000,000 of Ozone Monitoring Season and Revisions to security; to the Committee on Environment or more to Jordan; to the Committee on For- Geographical Boundaries of Air Quality Con- and Public Works. eign Relations. trol Regions’’ (FRL7374–1) received on Sep- EC–8888. A communication from the Chair- EC–8869. A communication from the Assist- tember 6, 2002; to the Committee on Environ- man of the Nuclear Regulatory Commission, ant Secretary for Legislative Affairs, De- ment and Public Works. transmitting, a report concerning additional partment of State, transmitting, pursuant to EC–8879. A communication from the Prin- recommendations of the United States Nu- the Arms Export Control Act, the report of a cipal Deputy Associate Administrator of the clear Regulatory Commission for Inclusion certification of a proposed license for the ex- Environmental Protection Agency, transmit- in the Physical Protection Infrastructure port of defense articles or defense services ting, pursuant to law, the report of a rule en- Plan; to the Committee on Environment and sold commercially under a contract in the titled ‘‘National Priorities List for Uncon- Public Works. amount of $50,000,000 or more South Korea; trolled Hazardous Waste Sites’’ (FRL7272) re- EC–8889. A communication from the Ad- to the Committee on Foreign Relations. ceived on September 3, 2002; to the Com- ministrator of the Environmental Protection EC–8870. A communication from the Assist- mittee on Environment and Public Works. Agency, transmitting, a draft of proposed ant Secretary for Legislative Affairs, De- EC–8880. A communication from the Prin- legislation entitled ‘‘Clear Skies Act of partment of State, transmitting, pursuant to cipal Deputy Associate Administrator of the 2002’’; to the Committee on Environment and the Arms Export Control Act, the report of a Environmental Protection Agency, transmit- Public Works. certification of a proposed license for the ex- ting, pursuant to law, the report of a rule en- EC–8890. A communication from the Assist- port of defense articles to Pakistan; to the titled ‘‘Approval and Promulgation of Air ant Secretary for Fish and Wildlife and Committee on Foreign Relations. Quality Implementation Plans; Montana; Parks, Fish and Wildlife Service, Depart- EC–8871. A communication from the Assist- State Implementation Plan Correction’’ ment of the Interior, transmitting, pursuant ant Secretary for Legislative Affairs, De- (FRL7374–4) received on September 6, 2002; to to law, the report of a rule entitled ‘‘Estab- partment of State, transmitting, pursuant to the Committee on Environment and Public lishment of Nonessential Experimental Pop- the Arms Export Control Act, the report of a Works. ulation Status and Reintroduction of Four certification of a proposed manufacturing li- EC–8881. A communication from the Prin- Fishes in the Tellico River, from the Back- cense agreement with France that also in- cipal Deputy Associate Administrator of the waters of Tellico Reservoir Upstream to volves the export of defense articles and de- Environmental Protection Agency, transmit- Tellico River Mile 33, in Monroe County, fense services in the amount of $50,000,000 or ting, pursuant to law, the report of a rule en- Tennessee’’ (RIN1018–AF96) received on Au- more to France and Sales Territories; to the titled ‘‘Approval and Promulgation of Air gust 12, 2002; to the Committee on Environ- Committee on Foreign Relations. Quality Implementation Plans; Pennsyl- ment and Public Works. EC–8872. A communication from the Assist- vania; Revision to the State Implementation EC–8891. A communication from the Assist- ant Secretary for Legislative Affairs, De- Plan (SIP) Addressing Sulfur Dioxide in ant Secretary for Fish and Wildlife and partment of State, transmitting, pursuant to Philadelphia County’’ (FRL7271–4) received Parks, Fish and Wildlife Service, Depart- the Arms Export Control Act, the report of a on September 6, 2002; to the Committee on ment of the Interior, transmitting, pursuant certification of a proposed license for the ex- Environment and Public Works. to law, the report of a rule entitled ‘‘Proce- port of defense articles to Pakistan; to the EC–8882. A communication from the Prin- dures for Establishing Spring/Summer Sub- Committee on Foreign Relations. cipal Deputy Associate Administrator of the sistence Harvest Regulations for Migratory

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8456 CONGRESSIONAL RECORD — SENATE September 10, 2002 Birds in Alaska’’ (RIN1018–AH88) received on EC–8902. A communication from the Senior INTRODUCTION OF BILLS AND August 12, 2002; to the Committee on Envi- Rulemaking Analyst, Transportation Secu- JOINT RESOLUTIONS ronment and Public Works. rity Administration, Department of Trans- EC–8892. A communication from the Gen- portation, transmitting, pursuant to law, the The following bills and joint resolu- eral Counsel of Department of Commerce, report of a rule entitled ‘‘Investigative and tions were introduced, read the first transmitting, a draft of proposed legislation Enforcement Procedures’’ (RIN2110–AA09) re- and second times by unanimous con- entitled ‘‘Federal Spectrum Relocation Pay- ceived on August 12, 2002; to the Committee sent, and referred as indicated: ment Procedures Act’’; to the Committee on on Commerce, Science, and Transportation. By Mr. HATCH (for himself, Mrs. FEIN- Commerce, Science, and Transportation. EC–8903. A communication from the Attor- STEIN, Mr. HUTCHINSON, Mrs. EC–8893. A communication from the Under ney, Research and Special Programs Admin- HUTCHISON, Mr. SESSIONS, Mr. Secretary of Commerce for Oceans and At- istration, Department of Transportation, DEWINE, Mr. THURMOND, Mr. GRASS- mosphere, transmitting, pursuant to law, the transmitting, pursuant to law, the report of LEY, and Ms. LANDRIEU): Annual Report of the Coastal Zone Manage- a rule entitled ‘‘Hazardous Materials: Infec- S. 2917. A bill to enhance national efforts ment Fund for Fiscal Year 2001; to the Com- tious Substances’’ (RIN2137–AD13) received to investigate, prosecute, and prevent crimes mittee on Commerce, Science, and Transpor- on August 12, 2002; to the Committee on against children by increasing investigatory tation. Commerce, Science, and Transportation. tools, criminal penalties, and resources and EC–8894. A communication from the Chair- EC–8904. A communication from the Assist- by extending existing laws; to the Com- man, Office of Proceedings, Surface Trans- ant Administrator for Fisheries, National mittee on the Judiciary. portation Board, transmitting, pursuant to Oceanic and Atmospheric Administration, By Mrs. CLINTON (for herself and Mr. law, the report of a rule entitled ‘‘Removal Department of Commerce, and the Director SCHUMER): and Revision of Regulations’’ (STB Ex Parte for the Fish and Wildlife Service, Depart- S. 2918. A bill to designate the facility of No. 637) received on September 5, 2002; to the ment of the Interior, transmitting jointly, the United States Postal Service located at Committee on Commerce, Science, and The Atlantic Striped Bass Studies 2001 Bien- 380 Main Street in Farmingdale, New York, Transportation. nial Report; to the Committee on Commerce, as the ‘‘Peter J. Ganci, Jr. Post Office Build- EC–8895. A communication from the Attor- Science, and Transportation. ing’’; to the Committee on Governmental Af- ney/Advisor of the Department of Transpor- EC–8905. A communication from the Sec- fairs. tation, transmitting, pursuant to law, the re- retary of Health and Human Services, trans- By Mr. BAYH: port of a nomination for the position of Ad- mitting, pursuant to law, a report relative to S. 2919. A bill for the relief of Irina ministrator, Federal Aviation Administra- Low Income Home Energy Assistance Pro- Kotlova-Green and her son, Nikita Kotlov; to tion, received on August 27, 2002; to the Com- gram (LIHEAP) Fiscal Year 2002 Contin- the Committee on the Judiciary. mittee on Commerce, Science, and Transpor- gency Funds; to the Committee on Health, By Mr. BAUCUS: tation. Education, Labor, and Pensions. S. 2920. A bill to expedite procedures for EC–8896. A communication from the Attor- hazardous fuels reductions activities and for ney/Advisor of the Department of Transpor- EC–8906. A communication from the Regu- other purposes; to the Committee on Agri- tation, transmitting, pursuant to law, the relations Coordinator, Substance Abuse and culture, Nutrition, and Forestry. port of a vacancy for the position of Under Mental Health, Department of Health and By Mr. CAMPBELL (for himself and Secretary of Transportation for Security, re- Human Services, transmitting, pursuant to Mr. INOUYE): ceived on August 27, 2002; to the Committee law, the report of a rule entitled ‘‘Substance S. 2921. A bill to encourage Native con- on Commerce, Science, and Transportation. Abuse and Mental Health Services Adminis- tracting over the management of Federal EC–8897. A communication from the Attor- tration Mental Health and Substance Abuse lands, and for other purposes; to the Com- ney/Advisor of the Department of Transpor- Emergency Response Criteria’’ (RIN0930– mittee on Indian Affairs. tation, transmitting, pursuant to law, the re- AA09) received on September 6, 2002; to the By Ms. LANDRIEU (for herself, Mr. port of a vacancy for the position of Admin- Committee on Health, Education, Labor, and BURNS, Mr. LOTT, Mr. GREGG, Ms. MI- istrator, Federal Aviation Administration, Pensions. KULSKI, Mr. LEAHY, Mr. BAUCUS, Mr. received on August 27, 2002; to the Com- EC–8907. A communication from the Direc- KERRY, and Mr. DODD): mittee on Commerce, Science, and Transpor- tor, Corporate Policy and Research Depart- S. 2922. A bill to facilitate the deployment tation. ment, Pension Benefit Guaranty Corpora- of wireless telecommunications networks in EC–8898. A communication from the Attor- tion, transmitting, pursuant to law, the re- order to further the availability of the Emer- ney/Advisor of the Department of Transpor- port of a rule entitled ‘‘Rules for Adminis- gency Alert System, and for other purposes; tation, transmitting, pursuant to law, the re- trative Review of Agency Decisions’’ to the Committee on Commerce, Science, port of the designation of acting officer for (RIN1212–AA97) received on September 3, and Transportation. the position of Under Secretary for Trans- 2002; to the Committee on Health, Education, portation Security, received on August 27, Labor, and Pensions. f EC–8908. A communication from the Direc- 2002; to the Committee on Commerce, ADDITIONAL COSPONSORS Science, and Transportation. tor, Corporate Policy and Research Depart- EC–8899. A communication from the Assist- ment, Pensions Benefit Guaranty Corpora- S. 1022 ant Administrator for Human Resources and tion, transmitting, pursuant to law, the re- At the request of Mr. WARNER, the Education, National Aeronautics and Space port of a rule entitled ‘‘Benefits Payable in names of the Senator from Montana Terminated Single-Employer Plans; Alloca- Administration, transmitting, pursuant to (Mr. BURNS) and the Senator from Utah law, the report of a nomination for the position of Assets in Single-Employer Plans; In- (Mr. HATCH) were added as cosponsors tion of Deputy Administrator, received on terest Assumptions for Valuing and Paying August 15, 2002; to the Committee on Com- Benefits’’ received on August 15, 2002 ; to the of S. 1022, a bill to amend the Internal merce, Science, and Transportation. Committee on Health, Education, Labor, and Revenue Code of 1986 to allow Federal EC–8900. A communication from the Dep- Pensions. civilian and military retirees to pay uty Assistant Administrator for Regulatory EC–8909. A communication from the Regu- health insurance premiums on a pretax Programs, National Marine Fisheries Serv- lations Coordinator, Office for Civil Rights, basis and to allow a deduction for ice, Department of Commerce, transmitting, Department of Health and Human Services, TRICARE supplemental premiums. pursuant to law, the report of a rule entitled transmitting, pursuant to law, the report of S. 1224 ‘‘Final Rule to Implement Generic Tortugas a rule entitled ‘‘Standards for Privacy of In- Amendment that Amends the Joint Fishery dividually Identifiable Health Information’’ At the request of Mr. ALLARD, the Management Plans (FMPs) for Coastal Mi- (RIN0991–AB14) received on August 12, 2002; name of the Senator from Oregon (Mr. gratory Pelagic Resources and the Spiny to the Committee on Health, Education, SMITH) was added as a cosponsor of S. Lobster Fishery of the Gulf of Mexico and Labor, and Pensions. 1224, a bill to amend title XVIII of the South Atlantic and the Gulf of Mexico FMPs Social Security Act to extend the for the Coral, Red Drum, Stone Crag, Reef f availability of medicare cost contracts Fish and Shrimp Fisheries’’ (RIN0648–AN83) for 10 years. received on August 15, 2002; to the Com- mittee on Commerce, Science, and Transpor- REPORTS OF COMMITTEES S. 1934 At the request of Ms. MIKULSKI, the tation. The following reports of committees EC–8901. A communication from the Acting name of the Senator from Georgia (Mr. were submitted: Director, Office of Sustainable Fisheries, Na- CLELAND) was added as a cosponsor of tional Marine Fisheries Service, Department By Mr. LEAHY, from the Committee on S. 1934, a bill to amend the Law En- the Judiciary: of Commerce, transmitting, pursuant to law, forcement Pay Equity Act of 2000 to the report of a rule entitled ‘‘Pacific Halibut Report to accompany S. 1140, A bill to Fisheries; Washington Sport Fisheries; amend chapter 1 of title 9, United States permit certain annuitants of the retire- Inseason Action and Partial Closure’’ re- Code, to provide for greater fairness in the ment programs of the United States ceived on August 15, 2002; to the Committee arbitration process relating to motor vehicle Park Police and United States Secret on Commerce, Science, and Transportation. franchise contracts. (Rept. No. 107–266). Service Uniformed Division to receive

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8457 the adjustments in pension benefits to GRASSLEY) and the Senator from Ar- Carolina (Mr. EDWARDS), the Senator which such annuitants would otherwise kansas (Mrs. LINCOLN) were added as from California (Mrs. FEINSTEIN), the be entitled as a result of the conversion cosponsors of S. 2674, a bill to improve Senator from Nebraska (Mr. HAGEL), of members of the United States Park access to health care medically under- the Senator from Utah (Mr. HATCH), Police and United States Secret Serv- served areas. the Senator from North Carolina (Mr. ice Uniformed Division to a new salary S. 2869 HELMS), the Senator from Texas (Mrs. schedule under the amendments made At the request of Mr. KERRY, the HUTCHISON), the Senator from Arkan- by such Act. names of the Senator from Georgia sas (Mr. HUTCHINSON), the Senator from S. 2268 (Mr. CLELAND), the Senator from North Oklahoma (Mr. INHOFE), the Senator At the request of Mr. MILLER, the Dakota (Mr. DORGAN) and the Senator from South Dakota (Mr. JOHNSON), the names of the Senator from Louisiana from Washington (Mrs. MURRAY) were Senator from Massachusetts (Mr. (Ms. LANDRIEU) and the Senator from added as cosponsors of S. 2869, a bill to KERRY), the Senator from Louisiana Nebraska (Mr. HAGEL) were added as facilitate the ability of certain spec- (Ms. LANDRIEU), the Senator from Con- cosponsors of S. 2268, a bill to amend trum auction winners to pursue alter- necticut (Mr. LIEBERMAN), the Senator the Act establishing the Department of native measures required in the public from Arkansas (Mrs. LINCOLN), the Sen- Commerce to protect manufacturers interest to meet the needs of wireless ator from Georgia (Mr. MILLER), the and sellers in the firearms and ammu- telecommunications consumers. Senator from Oklahoma (Mr. NICKLES), nition industry from restrictions on the Senator from Kansas (Mr. ROB- S. 2874 interstate or foreign commerce. ERTS), the Senator from Pennsylvania At the request of Mr. DAYTON, the S. 2490 (Mr. SANTORUM), the Senator from Ala- name of the Senator from New Jersey At the request of Mr. TORRICELLI, the bama (Mr. SESSIONS), the Senator from name of the Senator from Alaska (Mr. (Mr. TORRICELLI) was added as a co- Pennsylvania (Mr. SPECTER), the Sen- sponsor of S. 2874, a bill to provide ben- MURKOWSKI) was added as a cosponsor ator from Tennessee (Mr. THOMPSON) of S. 2490, a bill to amend title XVIII of efits to domestic partners of Federal and the Senator from Virginia (Mr. the Social Security Act to ensure the employees. WARNER) were added as cosponsors of quality of, and access to, skilled nurs- S. 2896 S. Res. 305, A resolution designating ing facility services under the medi- At the request of Mrs. HUTCHISON, the the week beginning September 15, 2002, care program. names of the Senator from South Caro- as ‘‘National Historically Black Col- S. 2512 lina (Mr. THURMOND), the Senator from leges and Universities Week’’. At the request of Mr. HARKIN, the Minnesota (Mr. DAYTON), the Senator S. RES. 307 name of the Senator from South Da- from Oregon (Mr. SMITH) and the Sen- At the request of Mr. TORRICELLI, the kota (Mr. JOHNSON) was added as a co- ator from Kentucky (Mr. MCCONNELL) names of the Senator from Massachu- sponsor of S. 2512, a bill to provide were added as cosponsors of S. 2896, a setts (Mr. KENNEDY), the Senator from grants for training court reporters and bill to enhance the operation of the California (Mrs. FEINSTEIN), the Sen- closed captioners to meet requirements AMBER Alert communications net- ator from Michigan (Mr. LEVIN) and for realtime writers under the Tele- work in order to facilitate the recovery the Senator from Rhode Island (Mr. communications Act of 1996, and for of abducted children, to provide for en- REED) were added as cosponsors of S. other purposes. hanced notification on highways of Res. 307, A resolution reaffirming sup- S. 2560 alerts and information on such chil- port of the Convention on the Preven- At the request of Mr. ALLARD, the dren, and for other purposes. tion and Punishment of the Crime of name of the Senator from Minnesota S. 2896 Genocide and anticipating the com- (Mr. WELLSTONE) was added as a co- At the request of Mr. BINGAMAN, his memoration of the 15th anniversary of sponsor of S. 2560, a bill to provide for name was added as a cosponsor of S. the enactment of the Genocide Conven- a multi-agency cooperative effort to 2896, supra. tion Implementation Act of 1987 (the Proxmire Act) on November 4, 2003. encourage further research regarding S. 2901 the causes of chronic wasting disease S. RES. 316 At the request of Mr. GRASSLEY, the At the request of Mrs. LINCOLN, the and methods to control the further name of the Senator from Vermont spread of the disease in deer and elk name of the Senator from Illinois (Mr. (Mr. LEAHY) was added as a cosponsor FITZGERALD) was added as a cosponsor herds, to monitor the incidence of the of S. 2901, a bill to provide that bonuses disease, to support State efforts to con- of S. Res. 316, a bill designating the and other extraordinary or excessive trol the disease, and for other purposes. year beginning February 1, 2003, as the compensation of corporate insiders and ‘‘Year of the Blues’’. S. 2654 wrongdoers may be included in the S. RES. 324 At the request of Ms. CANTWELL, the bankruptcy estate. name of the Senator from Vermont At the request of Mr. JOHNSON, the S. RES. 239 (Mr. LEAHY) was added as a cosponsor names of the Senator from California of S. 2654, a bill to amend the Internal At the request of Mr. ALLEN, the (Mrs. FEINSTEIN), the Senator from Revenue Code of 1986 to exclude from name of the Senator from Mississippi Kansas (Mr. BROWNBACK), the Senator gross income loan payments received (Mr. COCHRAN) was added as a cospon- from Montana (Mr. BURNS) and the under the National Health Service sor of S. Res. 239, A resolution recog- Senator from Kansas (Mr. ROBERTS) Corps Loan Repayment Program estab- nizing the lack of historical recogni- were added as cosponsors of S. Res. 324, lished in the Public Health Service tion of the gallant exploits of the offi- A resolution congratulating the Na- Act. cers and crew of the S.S. Henry Bacon, tional Farmers Union for 100 years of S. 2664 a Liberty ship that was sunk February service to family farmers, ranchers, At the request of Mr. JEFFORDS, the 23, 1945, in the waning days of World and rural communities. name of the Senator from Maine (Ms. War II. S. CON. RES. 129 SNOWE) was added as a cosponsor of S. S. RES. 305 At the request of Mr. CRAPO, the 2664, a bill to amend the Robert T. At the request of Mr. THURMOND, the name of the Senator from Idaho (Mr. Stafford Disaster Relief and Emer- names of the Senator from Virginia CRAIG) was added as a cosponsor of S. gency Assistance Act to establish a (Mr. ALLEN), the Senator from Lou- Con. Res. 129, A concurrent resolution program to provide assistance to en- isiana (Mr. BREAUX), the Senator from expressing the sense of Congress re- hance the ability of first responders to Kansas (Mr. BROWNBACK), the Senator garding the establishment of the respond to incidents of terrorism, in- from Kentucky (Mr. BUNNING), the Sen- month of November each year as cluding incidents involving weapons of ator from West Virginia (Mr. BYRD), ‘‘Chronic Obstructive Pulmonary Dis- mass destruction, and for other pur- the Senator from Colorado (Mr. CAMP- ease Awareness Month’’. poses. BELL), the Senator from Georgia (Mr. AMENDMENT NO. 4510 S. 2674 CLELAND), the Senator from Mississippi At the request of Mr. BAYH, the name At the request of Mr. BROWNBACK, the (Mr. COCHRAN), the Senator from Idaho of the Senator from Alabama (Mr. SES- names of the Senator from Iowa (Mr. (Mr. CRAIG), the Senator from North SIONS) was added as a cosponsor of

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8458 CONGRESSIONAL RECORD — SENATE September 10, 2002 amendment No. 4510 intended to be pro- THURMOND and GRASSLEY, the ‘‘Com- enhance the public’s ability to find and posed to H.R. 5005, a bill to establish prehensive Child Protection Act of access information that is already the Department of Homeland Security, 2002,’’ which enhances child crime pros- available in the public record, and will and for other purposes. ecutions, investigatory tools, penalties protect citizens in states where sex of- f and resources in a variety of ways. For fenders travel or move, often to avoid the record, I will submit a section by detection. In short, the national Inter- STATEMENTS ON INTRODUCED section summary of the bill, but allow net site will provide parents and other BILLS AND JOINT RESOLUTIONS me to comment briefly on some of the concerned citizens with essential infor- By Mr. HATCH (for himself, Mrs. bill’s specific provisions. mation about the whereabouts and FEINSTEIN, Mr. HUTCHINSON, First, and most significantly, the bill backgrounds of child abusers, so they Mrs. HUTCHISON, Mr. SESSIONS, creates a National Crimes Against can take all necessary steps to protect Mr. DEWINE, Mr. THURMOND, Children Response Center. The recent our Nation’s children. MR. GRASSLEY, and Ms. LAN- series of tragic events involving child Third, the bill enhances the ability of DRIEU): victims has convinced me that we need federal prosecutors to bring and suc- S. 2917. A bill to enhance national ef- to take a more proactive approach to cessfully prosecute cases involving forts to investigate, prosecute, and pre- prevent, deter and prosecute child children predators in several ways: vent crimes against children by in- predators of all types, abusers, molest- The legislation extends the statute of creasing investigatory tools, criminal ers, pornographers and traffickers. And limitations period that applies to of- penalties, and resources and by extend- at the same time, we need to provide fenses involving the sexual or physical ing existing laws; to the Committee on our children, the vulnerable victims of abuse of children by permitting such the Judiciary. such predators, with the support sys- cases to be brought up until the date Mr. HATCH. Mr. President, this sum- tems they need to recover fully from the minor reaches age 35, as opposed to mer we were all devastated by the re- such horrendous crimes and to assist age 25 as the law currently provides. I peated news flashes reporting violent law enforcement in effectively inves- believe that there should rarely, if crimes against children across our Na- tigating and prosecuting these crimes. ever, be a time when we say to a victim tion. In June, Elizabeth Smart, a 14 To this end, our bill directs the Fed- who has suffered as a child at the year old from my home town of Salt eral Bureau of Investigation to estab- hands of an abuser: you have identified Lake City, UT, was kidnapped at gun lish a National Response Center whose your abuser; you have proven the point from her home. To date, neither primary mission will be to develop a crime; yet the abuser will remain free Elizabeth nor her abductor has been comprehensive and rapid response plan because you, the victim, waited too found. to reported crimes involving the vic- long to come forward. Our criminal jus- In July, five-year-old Samantha timization of children. While the Cen- tice system should be ready to adju- Runnion was kidnapped while playing ter is to be established by the FBI in dicate all meritorious claims of child with a neighborhood friend down the consultation with the Deputy Assistant abuse. Abusers should not benefit from street from her home in Stanton, CA. Attorney General for the new Depart- the lasting psychological harms they The following day, her body was found ment of Justice Crimes Against Chil- inflict on innocent children. This pro- along a highway, nearly 50 miles from dren Section created by the bill, it will vision is meant to recognize that the her home. California authorities have integrate the resources and expertise of arm of the law should be long in the charged a man, who reportedly was ac- other Federal, State, and local law en- prosecution of crimes of this heinous quitted just 2 years ago of molesting forcement agencies, as well as other nature. two girls under the age of 14, with child services professionals. By form- Runnion’s abduction, sexual assault ing and training rapid response teams The bill also amends an existing Fed- and murder. comprised of Federal, State and local eral evidentiary rule, Federal Rule of Elizabeth Smart and Samantha prosecutors, investigators, victim wit- Evidence 414, to permit the admission Runnion are just two, among many, re- ness specialists, mental health and into evidence of prior offenses involv- cent child victims. The list of tragic other child services professionals, the ing child molestation or the possession cases goes on and on. Center will greatly enhance our na- of sexually explicit materials con- These horrific incidents illustrate tional response and prevention efforts. taining minors. The current evi- the need for comprehensive legislation, The combination of valuable expertise dentiary rule permits such evidence to at both the State and national level, to and resources provided by such multi- be admitted only where the victim is protect our children. We need to ensure jurisdictional and multi-disciplinary under 14 years of age. This amendment that our law enforcement officers have partnerships will increase the likeli- extends the rule to apply to any victim all the tools and resources they need to hood that law enforcement authorities who is under 18 years of age at the time find, prosecute, and punish those who will successfully identify, prosecute of the offense. This amendment also commit crimes against our children. and punish child predators, and that makes clear that even where an indi- Earlier this year, with Senators child services professionals will provide vidual possesses what may be virtual, LEAHY, SESSIONS, HUTCHINSON, BROWN- child victims with much needed sup- as opposed to actual, child pornog- BACK, EDWARDS and DEWINE, I intro- port. raphy, such evidence is admissible duced S. 2520, the ‘‘PROTECT Act of Second, this legislation tasks the under Rule 414. 2002’’. This bill plugged a loophole that new Crimes Against Children Section This legislation limits the scope of existed as a result of a recent Supreme with creating an Internet site that will the common law marital privileges by Court decision which struck down key consolidate sex offender information making them inapplicable in a crimi- provisions in the ‘‘Child Pornography which States currently release under nal case in which a spouse stands ac- Prevention Act,’’ which I authored and the Federal reporting act. The bill also cused of abusing a child in the home. Congress passed in 1996. Among other directs States that have not developed Where a spouse is charged with abusing things, the PROTECT Act prevents Internet sites to do so. The creation of a child of either spouse, or a child child pornographers from escaping a national Internet site will enable under the custody or control of either prosecution by claiming that their sex- concerned citizens to find in one, easily spouse, neither the abuser nor his or ually explicit material did not involve accessible place, critical information her spouse should be permitted to in- real children. Where child pornography about sexual predators. voke a marital privilege to avoid pro- includes persons who appear virtually Currently, all 50 States have statutes viding critical evidence in a criminal indistinguishable from actual minors, that require sex offenders to register proceeding. prosecutions can still occur unless a and share information with the United Fourth, the bill enhances tools that defendant shows that the pornography States Attorney General through the are used to investigate child crimes. It did not involve a minor. Federal Bureau of Investigation, and expands the class of offenses that are Today I rise to introduce with my over 30 States make offender informa- included in the Combined DNA Index colleagues, Senators FEINSTEIN, HUTCH- tion available to the public on the System, CODIS, by adding to the sys- INSON, HUTCHISON, SESSIONS, DEWINE, Internet. A national Internet site will tem all federal felony offenses and

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8459 other designated federal and state sex- pervised for longer periods of time, we ‘‘(c) DUTIES.—To carry out the mission de- ual offenses that subject Federal of- will increase the chance that they will scribed in subsection (b), the Director of the fenders to sex registration require- be deterred from and punished for fu- Federal Bureau of Investigation shall— ments. This extension will increase law ture criminal acts. ‘‘(1) consult with the Deputy Assistant At- torney General for the Crimes Against Chil- enforcement’s ability to solve crimes In addition to increasing the max- dren Office and other child crime coordina- where DNA evidence is found. imum penalties that apply to certain tors within the Department of Justice; The bill also extends the Federal offenses that involve the trafficking of ‘‘(2) consolidate units within the Federal wiretap statute by adding additional children or other interstate elements, Bureau of Investigation that investigate sex exploitation offenses, as well as sex the bill directs the United States Sen- crimes against children, including abduc- trafficking and other interstate sex of- tencing commission to review the sen- tions, abuse, and sexual exploitation offenses, to the statute’s list of predicate tencing guidelines that apply to var- fenses; offenses. As we all know, the Internet ious federal offenses that are used to ‘‘(3) develop a comprehensive, rapid re- is becoming an increasingly popular sponse plan for crimes involving children prosecute kidnappers, sexual abusers that incorporates resources and expertise means by which sexual predators make and exploiters to ensure that the sen- from Federal, State, and local law enforce- contact with child victims. Predators tences for these crimes are sufficiently ment agencies and child services profes- frequently initiate relationships with severe where aggravating cir- sionals; children online, but later seek to make cumstances exist, such as where the ‘‘(4) develop a national strategy to prevent personal contact with the child, either victim was abducted, injured, killed, or crimes against children that shall include a over the telephone or through face to abused by more than one person. plan to rescue children who are identified in face meetings. But as the law exists The ‘‘Comprehensive Child Protec- child pornography images as victims of today, law enforcement authorities are tion Act of 2002’’ will enhance our abil- abuse; ‘‘(5) create regional rapid response teams restricted in their ability to inves- ity to combat crimes against children, composed of Federal, State, and local pros- tigate such predators. This amendment but it is by no means an end. Congress ecutors, investigators, victim witness spe- will not only aid investigators in ob- needs to continue to explore additional cialists, mental health professionals, and taining evidence of such crimes, it will ways in which we can improve our abil- other child services professionals; also help stop these crimes before a ity on a national level to protect our ‘‘(6) implement an advanced training pro- sexual predator makes contact with a children. Our children fall victim to gram that will enhance the ability of Fed- child. To obtain a wiretap, law enforce- many of the same crimes we face as eral, State, and local entities to respond to ment authorities will still need to adults, and they are also subject reported crimes against children and protect children from future crimes; and meet the strict statutory guidelines of crimes that are specific to childhood, ‘‘(7) conduct outreach efforts to raise the wiretap statute and obtain author- like child abuse and neglect. The ef- awareness and educate communities about ization from a court. Thus, the legisla- fects of such heinous crimes are dev- crimes against children. tion will not undermine the legitimate astating and often lead to an intergen- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— expectations of privacy of law-abiding erational cycle of violence and abuse. There is authorized to be appropriated for Americans. I want to do all I can to ensure that the Federal Bureau of Investigation such Fifth, this legislation will strengthen we devote the same intensity of pur- sums as necessary for fiscal year 2003 to criminal penalties by extending the su- pose to crimes committed against chil- carry out this section.’’. pervised release period that applies to (b) TECHNICAL AND CONFORMING AMEND- dren, as we do to other serious criminal MENT.—The table of sections for chapter 33 of child and sex offenders, increasing the offenses, such as those involving ter- title 28, United States Code, is amended by maximum penalties that apply to of- rorism. We have no greater resource adding at the end the following: fenses involving transportation for ille- than our children. I invite the Depart- ‘‘540A. National Crimes Against Children Re- gal sexual activity, and directing the ment of Justice, the Federal Bureau of sponse Center.’’. United States Sentencing Commission Investigation and other entities and SEC. 3. INTERNET AVAILABILITY OF INFORMA- to consider enhancing the sentencing professionals who are charged with pro- TION CONCERNING REGISTERED guidelines that apply to criminal of- tecting our children to work with me SEX OFFENDERS. fenses with which child predators are to improve our federal laws and to as- (a) IN GENERAL.—Section 170101(e)(2) of the Violent Crime Control and Law Enforcement frequently charged. sist States in doing the same. In particular, the bill grants Federal Act of 1994 (42 U.S.C. 14071(e)(2)) is amended I ask unanimous consent that the by adding at the end the following: ‘‘The re- judges the discretion to impose up to text of the bill and a section-by-section lease of information under this paragraph lifetime periods of supervised release summary analysis of S. 2917 be printed shall include the maintenance of an Internet for individuals who are convicted of in the RECORD. site containing such information that is sexual abuse, sexual exploitation, There being no objection, the mate- available to the public.’’. transportation for illegal sexual activ- rial was ordered to be printed in the (b) COMPLIANCE DATE.—Each State shall ity, and sex trafficking offenses. Under RECORD, as follows: implement the amendment made by this section within 3 years after the date of enact- current law, a judge can impose no S. 2917 more than 5 years of supervised release ment of this Act, except that the Attorney Be it enacted by the Senate and House of Rep- General may grant an additional 2 years to a for a serious felony, and no more than resentatives of the United States of America in State that is making a good faith effort to 3 years for a lesser categorized offense. Congress assembled, implement the amendment made by this sec- This amendment does not require the SECTION 1. SHORT TITLE. tion. judge to impose a period of supervised This Act may be cited as the ‘‘Comprehen- (c) NATIONAL INTERNET SITE.—The Crimes release longer than 5 years; it simply sive Child Protection Act of 2002’’. Against Children Section of the Department authorizes a judge to do so where the SEC. 2. NATIONAL CRIMES AGAINST CHILDREN of Justice shall create a national Internet nature and circumstances of the case RESPONSE CENTER. site that links all State Internet sites estab- (a) IN GENERAL.—Chapter 33 of title 28, justify a longer supervised release pe- lished pursuant to this section. United States Code, is amended by adding at SEC. 4. DNA EVIDENCE. riod. the end the following: In my view, if there is any class of of- Section 3(d) of the DNA Analysis Backlog ‘‘§ 540A. National Crimes Against Children Elimination Act of 2000 (42 U.S.C. 14135a(d)) fenders on which our criminal justice Response Center is amended to read as follows: system should keep a close eye, it is ‘‘(a) ESTABLISHMENT.—There is established ‘‘(d) QUALIFYING FEDERAL OFFENSE.—For sexual predators. It is well documented within the Federal Bureau of Investigation a purposes of this section, the term ‘qualifying that sex offenders are more likely than National Crimes Against Children Response Federal offense’ means— other violent criminals to commit fu- Center (referred to in this section as the ‘‘(1) any offense classified as a felony under ture crimes. And if there is any class of ‘Center’). Federal law; victims we should seek to protect from ‘‘(b) MISSION.—The mission of the Center is ‘‘(2) any offense under chapter 109A of title repeat offenders, it is those who have to develop a national response plan model 18, United States Code; that— ‘‘(3) any crime of violence as that term is been sexually assaulted. They suffer ‘‘(1) provides a comprehensive, rapid redefined in section 16 of title 18, United States tremendous physical, emotional and sponse plan to report crimes involving the Code; or psychological injuries. By ensuring victimization of children; and ‘‘(4) any offense within the scope of section that egregious sexual offenders are su- ‘‘(2) protects children from future crimes. 4042(c)(4) of title 18, United States Code.’’.

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SEC. 5. INCREASE OF STATUTE OF LIMITATIONS SEC. 11. DEPUTY ASSISTANT ATTORNEY GEN- ‘‘COMPREHENSIVE CHILD PROTECTION ACT OF FOR CHILD ABUSE OFFENSES. ERAL FOR CRIMES AGAINST CHIL- 2002’’ DREN. Section 3283 of title 18, United States Code, Section 1. Title—The Comprehensive Child is amended by striking ‘‘25 years’’ and in- (a) ESTABLISHMENT OF POSITION.— Protection Act of 2002. serting ‘‘35 years’’. (1) IN GENERAL.—Chapter 31 of title 28, Section 2. Creates a National Crimes SEC. 6. ADMISSIBILITY OF SIMILAR CRIME EVI- United States Code, is amended by inserting Against Children Response Center—The bill DENCE IN CHILD MOLESTATION after section 507 the following: directs the Federal Bureau of Investigation CASES. to establish a National Crimes Against Chil- Rule 414 of the Federal Rules of Evidence is ‘‘§ 507A. Deputy Assistant Attorney General for Crimes Against Children dren Response Center whose primary mission amended— will be to develop a comprehensive and rapid ‘‘(a) The Attorney General shall appoint a (1) in subsection (a), by inserting ‘‘or pos- response plan to reported crimes involving Deputy Assistant Attorney General for session of sexually explicit materials con- the victimization of children. While the Na- Crimes Against Children. taining apparent minors’’ after ‘‘or offenses tional Response Center is to be established of child molestation’’; and ‘‘(b) The Deputy Assistant Attorney Gen- by the FBI, in consultation with the Deputy (2) in subsection (d), by striking ‘‘four- eral shall be the head of the Crimes Against Assistant Attorney General for the Crimes teen’’ and inserting ‘‘18’’. Children Section (CACS) of the Department Against Children Office, it will integrate the SEC. 7. MARITAL COMMUNICATION AND AD- of Justice. resources and expertise of other Federal, VERSE SPOUSAL PRIVILEGE. ‘‘(c) The duties of the Deputy Assistant At- State and local law enforcement agencies, as (a) IN GENERAL.—Chapter 119 of title 28, torney General shall include the following: well as other child services professionals. By United States Code, is amended by inserting ‘‘(1) To prosecute cases involving crimes creating and training rapid response teams after section 1826 the following: against children. comprised of Federal, State and local pros- ‘‘§ 1826A. Marital communications and ad- ‘‘(2) To advise Federal prosecutors and law ecutors, investigators, victim witness spe- verse spousal privilege enforcement personnel regarding crimes cialists, mental health and other child serv- ‘‘The confidential marital communication against children. ices professionals, the Center will greatly en- privilege and the adverse spousal privilege ‘‘(3) To provide guidance and assistance to hance our national efforts to protect our shall be inapplicable in any Federal pro- Federal, State, and local law enforcement children from child predators. ceeding in which a spouse is charged with a agencies and personnel, and appropriate for- Section 3. Creates a National Internet Site crime against— eign entities, regarding responses to crimes for Sexual Offender Information—The legis- ‘‘(1) a child of either spouse; or against children. lation directs the new Department of Justice ‘‘(2) a child under the custody or control of ‘‘(4) To propose and comment upon legisla- Crimes Against Children Office to create an either spouse.’’. tion concerning crimes against children. Internet site that consolidates sex offender (b) TECHNICAL AND CONFORMING AMEND- ‘‘(5) Such other duties as the Attorney information which States currently release MENT.—The table of sections for chapter 119 General may require, including duties car- under the federal reporting act. The bill also of title 28, United States Code, is amended by ried out by the head of the Child Exploi- directs States that have not developed Inter- inserting after the item relating to section tation and Obscenity Section and the Ter- net sites to do so. 1826 the following: rorism and Violent Crime Section of the De- Currently, all 50 states have registration ‘‘1826A. Marital communications and adverse partment of Justice.’’. statutes that require sex offenders to reg- spousal privilege.’’. (2) TECHNICAL AND CONFORMING AMEND- ister and to share information with the SEC. 8. AUTHORIZATION OF INTERCEPTION OF MENT.—The table of sections for chapter 31 of United States Attorney General through the COMMUNICATIONS IN THE INVES- title 28, United States Code, is amended by Federal Bureau of Investigation, and over 30 TIGATION OF SEXUAL CRIMES AND inserting after the item relating to section States make offender information available OTHER CRIMES AGAINST CHILDREN. 507 the following: to the public on the Internet. The creation of Section 2516(1)(c) of title 18, United States ‘‘507A. Deputy Assistant Attorney General a national Internet site will enable con- Code, is amended— for Crimes Against Children.’’. cerned citizens to find in one, easily acces- (1) by inserting ‘‘section 1591 (sex traf- (b) AUTHORIZATION OF APPROPRIATIONS FOR sible place, critical information about sexual ficking of children or by force, fraud, or co- CACS.—There is authorized to be appro- predators. ercion)’’ after ‘‘section 1511 (obstruction of priated for the Department of Justice for fis- Section 4. Expands the DNA Analysis and State or local law enforcement),’’; and cal year 2003, such sums as necessary to Backlog Elimination Act, 42 U.S.C. 14135a(d), (2) by inserting ‘‘section 2251A (selling or carry out this section. by increasing the categories of offenses that buying of children), section 2252A (relating are included in the system of convicted of- to material constituting or containing child SEC. 12. DIRECTIVE TO SENTENCING COMMIS- fender DNA profiles, the Combined DNA SION. pornography), section 2260 (production of Index System (CODIS). The bill expands the sexually explicit depictions of a minor for (a) IN GENERAL.—Pursuant to its authority class of offenses that are included in CODIS importation into the United States), sections under section 994(p) of title 18, United States by adding to the system all Federal felonies 2421, 2422, 2423, and 2425 (relating to transpor- Code, and in accordance with this section, and additional offenses that subject Federal tation for illegal sexual activity and related the United States Sentencing Commission offenders to sex registration requirements. crimes),’’ after ‘‘sections 2251 and 2252 (sex- shall review the Federal Sentencing Guide- Currently, the DNA Analysis and Backlog ual exploitation of children),’’. lines and policy statements relating to child Elimination Act includes only select Federal SEC. 9. INCREASE OF MAXIMUM SUPERVISED RE- abuse and exploitation offenses, including offenses in CODIS. The successful experience LEASE TERM FOR SEX OFFENDERS. United States Sentencing Guideline sections of a large number of States which authorize Section 3583 of title 18, United States Code, 2A3.1, 2A3.2, 2A3.3, 2A3.4, 2A4.1, 2G1.1, 2G2.1, the collection of DNA samples from all fel- is amended by adding at the end the fol- 2G2.2, 2G2.3, 2G2.4, and 2G3.1 to determine ony offenders illustrated the merit of this lowing: whether those sections are sufficiently se- extension. In these States, numerous crimes ‘‘(k) SUPERVISED RELEASE TERMS FOR SEX vere. have been solved based on DNA evidence ob- OFFENDERS.—Notwithstanding subsection (b) CONSIDERATIONS.—In reviewing the Fed- tained from nonviolent felony offenders. The (b), the authorized term of supervised release eral Sentencing Guidelines in accordance addition of other offenses that subject Fed- for any offense under chapter 109A, 110, 117, with subsection (a), the United States Sen- eral offenders to sex registration require- section 1201 involving a minor victim, or sec- tencing Commission shall consider whether ments will further enhance enforcement’s tion 1591 is any term of years or life.’’. the guidelines are adequate where— ability to solve crimes. SEC. 10. INCREASE OF MAXIMUM PENALTIES FOR (1) the victim had not attained the age of Section 5. Extends the Statute of Limita- SEX OFFENSES. 12 years, or had not attained the age of 16 tions Period for Child Abuse Offenses con- Title 18, United States Code, is amended— years; tained in 18 U.S.C. 3283 to allow prosecutions (1) in section 1591(b)(2), by striking ‘‘20 (2) the victim died, or sustained perma- of offenses involving the sexual or physical years’’ and inserting ‘‘40 years’’; nent, life-threatening or serious injury as a abuse of a child to be brought until the child (2) in section 2421, by striking ‘‘10 years’’ result of the criminal act; reaches the age of 35. Currently, such pros- and inserting ‘‘20 years’’; (3) the victim was abducted; ecutions may be brought until the child is 25 (3) in section 2422— (4) the victim was abused by more than 1 years of age. (A) in subsection (a), by striking ‘‘10 participant; This amendment is intended to recognize years’’ and inserting ‘‘20 years’’; and (5) the offense involved more than 1 victim; that the arm of the law should be long in the (B) in subsection (b), by striking ‘‘15 (6) the ability of the victim to appraise or prosecution of child abuse offenses. Too years’’ and inserting ‘‘30 years’’; control his or her conduct was substantially often victims of such crimes do not come for- (4) in section 2423— impaired; ward until years after the abuse because (A) in subsection (a), by striking ‘‘15 (7) the offense involved a large number of they fear their disclosures will lead to fur- years’’ and inserting ‘‘30 years’’; and visual depictions, including multiple images ther humiliation, shame, and even ostra- (B) in subsection (b), by striking ‘‘15 of the same victim; and cism. This amendment will reduce the num- years’’ and inserting ‘‘30 years’’; and (8) the offense involved material that por- ber of meritorious child abuse cases that are (5) in section 2425, by striking ‘‘5 years’’ trays sadistic or masochistic conduct or barred from prosecution on statute of limita- and inserting ‘‘10 years’’. other depictions of violence. tions grounds.

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8461 Section 6. Expands Rule 414 of the Federal Section 12. Directs the Sentencing Com- major provisions, this legislation Rules of Evidence which allows evidence of a mission to review the guidelines that apply would: defendant’s prior acts of child molestation to to child abuse and exploitation offenses to 1. Direct the FBI to establish a new center be admitted in a criminal child molestation determine whether they are sufficiently se- that creates and trains ‘‘rapid response case. vere. In so doing, the Sentencing Commis- teams’’ (composed of prosecutors, investiga- The amendment extends the definition of sion shall consider whether the guidelines tors, and others) to respond promptly to re- ‘‘child’’ contained in Rule 414 to include any are adequate where aggravated cir- ported crimes against children; person below the age of 18—rather than age cumstances exist: the victim had not at- 14, as the Rule now reads. The amendment 2. Establish a national Internet site that tained the age of twelve years, or had not at- would make sex offender information avail- also makes clear that where a defendant pre- tained the age of sixteen years; the victim viously possessed what may have been vir- able to the public in one, easy to access died, sustained permanent, life-threatening, place. Currently, about 30 states make of- tual, as opposed to actual, child pornog- or serious injury as a result of the criminal raphy, such evidence is admissible under fender information available to the public act; the victim was abducted; the victim was online; Rule 414. Like the possession of actual child abused by more than one individual; the of- pornography, the possession of virtual child 3. Authorize the collection of DNA samples fense involved more than one victim; the of- from registered sex offenders and the inclu- pornography is highly probative evidence fense involved a large number of visual de- that should be admissible in a case of child sion of these DNA samples in the Combined pictions, including multiple images of the DNA Index System, or ‘‘CODIS;’’ molestation or exploitation. same victim; or the offense involved mate- Section 7. Precludes the Assertion of a 4. Permit the prosecution of child abuse of- rial that portrays sadistic or masochistic fenses until a victim reaches the age of 35 (as Marital Privilege in a Criminal Child Abuse conduct or other depictions of violence. Case in which a spouse stands accused of opposed to the age of 25 under current law). abusing a child in the home. In such a case, Mr. DEWINE. Mr. President, I rise This provision recognizes that victims of neither the abuser nor his or her spouse today with my colleague from Utah, such crimes often do not come forward until should be permitted to invoke a marital Senator HATCH, to introduce the ‘‘Com- years after the abuse, out of shame or a fear privilege to preclude critical testimony re- prehensive Child Protection Act of of further humiliation; lating to the child abuse. 2002’’—a bill to help protect our na- 5. Make it easier for investigators to track sexual predators and child pornographers Section 8. Expands the Federal Wiretap tion’s children from child molestation Act, 18 U.S.C. 2516(1)(c), by adding as predi- and make it easier to prosecute criminal cate offenses to the statute, sex trafficking, and other forms of abuse. child abuse/molestation cases; sex exploitation, and other interstate sex of- Sexual abuse of children is a perva- 6. Create a new section at the Department fenses. Currently, the wiretap statute au- sive and extremely troubling problem of Justice to focus solely on crimes against thorizes the interception of wire, oral, or in the United States. I learned that children; and electronic communications in the investiga- over 25 years ago when I was serving as 7. Stiffen penalties for sex-related offenses tion of just two sexual exploitation of chil- the Country Prosecutor in Greene involving children. dren crimes. This expanded tool will be par- County, Ohio. I saw what this kind of This is a good bill—a bill that would ticularly useful to investigators who track abuse does to innocent, helpless chil- help ensure that our children are pro- sexual predators and child portnographers. tected from some of the most heinous To obtain a wiretap, law enforcement au- dren and how pervasive the crimes are thorities will still need to meet the strict in our communities. In fact, according of criminals. It is a bill that would in- statutory guidelines of the wiretap statute to the Congressional Research Service, crease the punishment for those crimi- and obtain authorization from a court. Thus, one of every three girls and one of nals. And, it is a bill that, quite sim- the legislation will not undermine the legiti- every seven boys will be sexually ply, is the right thing to do. I encour- mate expectations of privacy of law-abiding abused before they reach the age of 18. age my colleagues to join us in cospon- Americans. soring this important measure. Section 9. Extends the Maximum Super- Our local police and prosecutors are vised Release Period that Applies to Sexual on the front line in the fight against Mr. GRASSLEY. Mr. President, I rise Offenders by granting Federal judges the dis- these criminals, and they deserve cred- today in support of an act that I am co- cretion to impose up to lifetime periods of it and our thanks for their hard work. sponsoring with Senator HATCH that supervised release for individuals who are For example, in Greene County re- represents one of the most comprehen- convicted of sexual abuse, sexual exploi- cently, a number of child pornog- sive pieces of legislation ever drafted tation, transportation for illegal sexual ac- raphers were identified and prosecuted to protect children, the Comprehensive tivity, or sex trafficking offenses. Child Protection Act of 2002. As Rank- Currently, under the general supervised re- when local law enforcement carried out lease statute, 18 U.S.C. 3583, a judge can im- a successful Internet sting operation. ing Republican on the Subcommittee pose no more than 5 years of supervised re- Despite successes like this, however, on Crime and Drugs, I have been great- lease for a serious felony, and no more than the data suggest that law enforcement ly concerned with the recent increase 3 years for a lesser categorized offense. This is fighting an uphill battle. Last year, in reports of child abductions and mur- amendment will not require judges to impose there were over 5,400 registered sex of- ders, so I am glad to be a part of this a period of supervised release longer than 5 fenders living in my home state of effort to address this growing problem. years; it simply authorizes them to do so In my tenure on the Judiciary Com- where the judge sees fit based on the nature Ohio—an increase of 319 percent over and circumstances of the particular case. 1998. mittee, I have long fought for our Na- Section 10. Increases the Maximum Pen- Equally troubling, many child motion’s children, and have ardently sup- alties that Apply to Certain Sexual Related lesters prey upon dozens of victims be- ported laws that bring them and their Offenses by doubling the maximum penalties fore they are reported to law enforce- families greater protection. I am also for sexual related offenses involving the traf- ment. Some evade detection for so long pleased that the President will be ficking of children and other interstate ele- because many children never report the hosting a conference on missing and ments. Stiffer penalties are needed to punish abuse. According to the Bureau of Jus- exploited children at the end of this and deter individuals who commit such offenses. tice Statistics, between 60 percent and month, and I look forward to that con- Section 11. Creates a Crimes Against Chil- 80 percent of child molestations and 69 ference and appreciate the President’s dren Section at the Department of Justice— percent of sexual assaults are never re- and First Lady’s work on behalf of The bill also directs the Attorney General to ported to the police. Of reported sexual children. appoint a Deputy Assistant Attorney Gen- assaults, 71 percent of the victims are This legislation comes at a critical eral to oversee a new section at the Depart- children, according to the Congres- time because we are hearing more and ment of Justice designated to focus solely on more about children being taken from crimes against children. Among other sional Research Service. things, the new section will be tasked with For these reasons, it is vitally impor- their homes or schools and abused, or prosecuting crimes against children, pro- tant that Congress do everything in its worse, murdered. Our children are a viding guidance and assistance to Federal power to support law enforcement in gift to us, are our national treasure, State, and local law enforcement agencies its efforts to protect our nation’s most and are our future. We must do all that and personnel who handle such cases, coordi- vulnerable citizens. Enacting the we can to protect these innocents and nating efforts with international law en- ‘‘Comprehensive Child Protection Act give law enforcement every tool pos- forcement agencies to combat crimes against of 2002’’ would be a step in the right di- sible to ferret out the criminals who children, and acting as a liaison with the legislative and judicial branches of government rection. By enacting this measure, we would do our children harm. With this to ensure that adequate attention and re- would help protect our children from legislation, we will be ensuring a great- sources are focused on protecting our chil- sexual predators, pornographers, and er measure of protection for our children from predators of all types. others who abuse children. Among its dren.

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8462 CONGRESSIONAL RECORD — SENATE September 10, 2002 The bill does many important things. York, as the ‘‘Peter J. Ganci, Jr. Post clashes between economic and cultural First, it helps law enforcement respond Office Building,’’ be printed in the interests also increase. immediately to incidents of child ab- RECORD. In 1970, President Nixon’s Special duction, because, as we’ve seen with There being no objection, the bill was Message to Congress on Indian Affairs the Amber Alert system, time is crit- ordered to be printed in the RECORD, as changed forever Federal Indian law and ical in any abduction case to thwart follows: policy. The President also signed into further injury or harm. The bill creates S. 2918 law legislation transferring the sacred a National Crimes Against Children Be it enacted by the Senate and House of Rep- Blue Lake lands back to the Pueblo of Response Center at the FBI that will resentatives of the United States of America in Taos. These two events set the stage integrate the resources and expertise of Congress assembled, for both the Indian Self Determination all Federal, State and local law en- SECTION 1. PETER J. GANCI, JR. POST OFFICE and Education Assistance Act, 1975, as forcement sources to provide a rapid BUILDING. well as the AIRFA, 1978. (a) DESIGNATION.—The facility of the The legislation I am introducing response for crimes involving child vic- United States Postal Service located at 380 tims. The bill also helps law enforce- Main Street in Farmingdale, New York, shall builds on these precedents by setting ment by making it possible to get wire be known and designated as the ‘‘Peter J. up a demonstration project to expand taps for suspected sex trafficking and Ganci, Jr. Post Office Building’’. opportunities for Native contracting on exploitation offenses, and will require (b) REFERENCES.—Any reference in a law, Federal lands. One goal of this bill is to that all Federal child sex crimes of- map, regulation, document, paper, or other bring to bear the knowledge and sensi- fenders have their DNA added to the record of the United States to the facility re- tivity of Native people to activities ferred to in subsection (a) shall be deemed to that are currently being carried out by national DNA registry. So the bill will be a reference to the Peter J. Ganci, Jr. Post help to centralize information about Office Building. Federal agencies. criminals and crimes, and makes the Under the bill, the Secretary of Inte- job of the criminal investigator easier By Mr. CAMPBELL (for himself rior would select up to 12 tribes or trib- and more accurate through wiretaps and Mr. INOUYE): al organizations per year to provide ar- and DNA evidence. S. 2921. A bill to encourage Native chaeological, anthropological, ethno- The bill also creates a website reg- contracting over the management of graphic and cultural surveys and anal- istry for convicted child sexual offend- Federal lands, and for other purposes; ysis; land management planning; and ers so that parents, neighbors, and po- to the Committee on Indian Affairs. activities related to the identification, lice know who in their communities is Mr. CAMPBELL. Mr. President, maintenance, or protection of lands a convicted child predator. This today I am pleased to be joined by Sen- considered to have religious, ceremo- website will supplement registries in ator INOUYE to introduce the ‘‘Native nial or cultural significance to Indian all 50 States. This important tool will American Contracting and Federal tribes. help families make better and fully-in- Lands Management Demonstration I urge my colleagues to join me in formed decisions about their childrens’ Project Act’’ to expand the highly-suc- supporting this measure. safety, and will greatly aid law en- cessful Indian Self Determination and I ask unanimous consent that the forcements’ response to reports of child Education Assistance Act of 1975 and to text of the bill be printed in the abductions and other offenses against bring Native knowledge and sensitivity RECORD. children. to the management of Federal lands. There being no objection, the bill was The bill also gives new tools to pros- Next week is the 140th anniversary of ordered to be printed in the RECORD, as ecutors and the courts. It extends the the bloodiest day in U.S. military his- follows: statute of limitations for prosecuting tory—the Battle at Antietam Creek in S. 2921 child offenders, allows prosecutors to Sharpsburg, Maryland. Many Civil War Be it enacted by the Senate and House of Rep- introduce evidence of past child sex historians see Antietam as the turning resentatives of the United States of America in crimes in sentencing hearings, removes point in the Union’s victory over the Congress assembled, the so-called ‘‘spousal privilege’’ so Confederacy and as the victory Presi- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Native that a spouse can’t stand silent in the dent Lincoln needed to issue the Eman- American Contracting and Federal Lands prosecution of the other spouse for cipation Proclamation. Management Demonstration Project Act’’. child sexual abuse, and increases the Americans have a visceral impulse to SEC. 2. DEFINITIONS. maximum sentences and probation pe- restrict development of the lands like For the purposes of this Act, the following riods for child sex offenders. These im- those at Antietam, not because we are definitions shall apply: portant tools will make our commu- sons of the Union or daughters of the (1) FEDERAL LANDS.—The term ‘‘Federal nities safer by helping to rid them of Confederacy, but because we are Amer- lands’’ means any land or interests in land child predators, and by keeping a tight icans. owned by the United States, including lease- leash on predators when they get re- We know that Antietam, like Omaha hold interests held by the United States, ex- Beach and Little Bighorn and other cept Indian trust lands. leased from prison. (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ So this bill helps the public know places, is a sacred place. has the meaning given such term by section about sexual predators in their commu- In 1978, Congress passed the Amer- 4(e) of the Indian Self-Determination and nities, improves the nation’s ability to ican Indian Religious Freedom Act, Education Assistance Act. respond to child abduction reports, and AIRFA, which declared that it is ‘‘the (3) SECRETARY.—The term ‘‘Secretary’’ aids criminal investigators and pros- policy of the United States to protect means the Secretary of the Interior. ecutors in their efforts to protect the and preserve for American Indians SEC. 3. PURPOSES. public by identifying and locking-up their inherent right of freedom to be- (a) IN GENERAL.—The purposes of this Act child predators. I ask my fellow Sen- lieve, express and exercise the tradi- are— (1) to expand the provisions of the Indian ators to support this important bill. tional religions of the American In- dian, Eskimo, Aleut, and Native Ha- Self Determination and Education Assist- ance Act, as amended (25 U.S.C. 450 et seq.), By Mrs. CLINTON (for herself waiians, including but not limited to in order to expand Native employment and and Mr. SCHUMER): access to sites, use and possession of income through greater contracting opportu- S. 2918. A bill to designate the facil- sacred objects, and the freedom to wor- nities with the Federal Government; ity of the United States Postal Service ship through ceremonials and tradi- (2) to encourage Native contracting on located at 380 Main Street in Farming- tional rites.’’ Federal lands for purposes of benefiting from dale, New York, as the ‘‘Peter J. Ganci, It is clear that twenty-five years the knowledge and expertise of Native people Jr. Post Office Building’’; to the Com- after the enactment of the AIRFA, the in order to promote innovative management mittee on Government Affairs. tools available to protect Native sacred strategies on Federal lands that will lead to Mrs. CLINTON. Mr. President: I ask greater sensitivity toward, and respect for, places and religious beliefs are insuffi- Native American religious beliefs and sacred unanimous consent that the text of the cient. sites; bill, to designate the facility of the At the same time, as our need for (3) to better accommodate access to and United States Postal Service located at economic activities, such as logging, ceremonial use of Indian sacred lands by In- 380 Main Street in Farmingdale, New energy and mining, increases, the dian religious practitioners; and

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8463 (4) to prevent significant damage to Indian cation Assistance Act, including section 110 Indian tribe or tribal organization may sacred lands. of such Act, shall apply to contracts and choose to meet the planning phase require- SEC. 4. NATIVE AMERICAN FEDERAL LANDS MAN- agreements requested and negotiated under ment without applying for a grant under this AGEMENT DEMONSTRATION this Act. subsection. No Indian tribe or tribal organi- PROJECT. ‘‘(f) CONTRACT ADMINISTRATION.— zation may receive more than 1 grant under (a) IN GENERAL.—The Indian Self Deter- ‘‘(1) INCLUSION OF CERTAIN TERMS.—At the this subsection. mination and Education Assistance Act is request of the contracting Indian tribe or ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— amended by adding a new subsection as fol- tribal organization, the benefits, privileges, There is authorized to be appropriated such lows: terms, and conditions of agreements entered sums as are necessary for each of the 2 fiscal ‘‘SEC.l. NATIVE AMERICAN FEDERAL LANDS into pursuant to titles I and IV of the Indian years immediately following the date of the MANAGEMENT DEMONSTRATION Self-Determination and Education Assist- enactment of this Act to fund planning PROJECT. ance Act may be included in a contract en- grants under this section.’’. ‘‘(a) IN GENERAL.—The Secretary of the In- tered into under this Act. If any provisions SEC. 5. TRIBAL PROCUREMENT CONTRACTING terior shall establish the ‘Native American of the Indian Self-Determination and Edu- AND RESERVATION DEVELOPMENT. Federal Lands Management Demonstration cation Assistance Act are incorporated, they (a) IN GENERAL.—Section 7 of the Indian Project’ to enter contracts with Indian shall have the same force and effect as if set Self-Determination and Education Assist- tribes or tribal organizations to perform out in full in this Act and shall apply not- ance Act (25 U.S.C. 450e) is amended by add- functions including, but not limited to, ar- withstanding any other provision of law. The ing at the end thereof the following new sub- cheological, anthropological and cultural parties may include such other terms and section (d): surveys and analyses, and activities related conditions as are mutually agreed to and not ‘‘(d) FOSTERING TRIBAL PROCUREMENT CON- to the identification, maintenance, or pro- otherwise contrary to law. TRACTING AND RESERVATION DEVELOPMENT.— tection of lands considered to have religious, ‘‘(2) AUDIT.—Contracts entered into under ‘‘(1) Upon the request and application of an ceremonial or cultural significance to Indian this Act shall provide for a single-agency Indian tribe to provide certain services or tribes. audit report to be filed as required by chap- deliverables which the Secretary of the Inte- ‘‘(b) PARTICIPATION.—During each of the 2 ter 75 of title 31, United States Code. rior would otherwise procure from a private fiscal years immediately following the date sector entity, and absent a request to con- ‘‘(3) TRANSFER OF EMPLOYEES.—Any career of the enactment, the Secretary shall select Federal employee employed at the time of tract those services or deliverables pursuant not less than 12 eligible Indian tribes or trib- the transfer of an operation or program to an to section 102 of this Act (25 U.S.C. 450f) made by the tribe or tribes to be directly al organizations to participate in the dem- Indian tribe or tribal organization shall not benefited by said services or deliverables, the onstration project. be separated from Federal service by reason ‘‘(c) ELIGIBILITY.—To be eligible to partici- Secretary of the Interior shall contract for of such transfer. Intergovernmental per- pate in the demonstration project, an Indian such services or deliverables through the ap- sonnel actions may be used to transfer super- tribe or tribal organization, shall— plicant Indian tribe pursuant to section 102 vision of such employees to the contracting ‘‘(1) request participation by resolution or of this Act (25 U.S.C. 450f). Indian tribe or tribal organization. Such other official action of the governing body of ‘‘(2) Subsection (1) shall not apply unless transferred employees shall be given priority the Indian tribe or tribal organization; the applicant tribe provides assurances to placement for any available position within ‘‘(2) demonstrate financial and manage- the Secretary that the principal beneficiary their respective agency, notwithstanding ment stability and capability, as evidenced of the contracted services remains the tribe any priority reemployment lists, directives, by the Indian tribe or tribal organization or tribes originally intended to benefit from rules, regulations, or other orders from the having no unresolved significant and mate- the services or deliverables. For purposes of Department of the Interior, the Office of rial audit exceptions for the previous 3 fiscal this subsection, the contracting tribe shall Management and Budget, or other Federal years; and enjoy no less than the same rights and privi- agencies. (3) demonstrate significant use of or de- leges under this Act as would the beneficiary ‘‘(g) AVAILABLE FUNDING; PAYMENT.—Under tribe if the beneficiary tribe exercised its pendency upon the relevant conservation the terms of a contract negotiated pursuant rights to contract under section 102 of this system unit or other public land unit for to subsection (f), the Secretary shall provide Act. If at any time the beneficiary tribe (or which programs, functions, services, and ac- each Indian tribe or tribal organization tribes) seeks to contract services being pro- tivities are requested to be placed under con- funds in an amount not less than the Sec- tract. retary would have otherwise provided for the vided by the contracting tribe, the bene- ‘‘(d) PLANNING PHASE.—Each Indian tribe operation of the requested programs, serv- ficiary tribe (or tribes) shall give the con- and tribal organization selected by the Sec- ices, functions, and activities. Contracts en- tracting tribe and the Secretary of the Inte- retary to participate in the demonstration tered into under this Act shall provide for rior no less than 180 days’ notice.’’. project shall complete a planning phase prior advance payments to the tribal organiza- to negotiating and entering into a conserva- tions in the form of annual or semiannual in- By Ms. LANDRIEU (for herself, tion system unit management contract. The stallments. Mr. BURNS, Mr. LOTT, Mr. planning phase shall be conducted to the sat- ‘‘(h) TIMING; CONTRACT AUTHORIZATION PE- GREGG, Ms. MIKULSKI, Mr. isfaction of the Indian tribe or tribal organi- RIOD.—An Indian tribe or tribal organization LEAHY, Mr. BAUCUS, Mr. KERRY, zation and shall include— selected to participate in the demonstration and Mr. DODD): ‘‘(1) legal and budgetary research; and project shall complete the planning phase re- S. 2922. A bill to facilitate the deploy- ‘‘(2) internal tribal planning and organiza- quired by subsection (c) not later than 1 cal- ment of wireless telecommunications tional preparation. endar year after the date that it was selected networks in order to further the avail- ‘‘(e) CONTRACTS.— for participation and may begin implementa- ‘‘(1) IN GENERAL.—Upon request of a par- tion of its requested contract no later than ability of the Emergency Alert System, ticipating Indian tribe or tribal organization the first day of the next fiscal year. The In- and for other purposes; to the Com- that has completed the planning phase pur- dian tribe or tribal organization and the Sec- mittee on Commerce, Science, and suant to subsection (e), the Secretary shall retary may agree to an alternate implemen- Transportation. negotiate and enter into a contract with the tation schedule. Contracts entered into pur- Ms. LANDRIEU. Mr. President, today Indian tribe or tribal organization for the In- suant to this Act are authorized to remain in I rise to introduce the Emergency Com- dian tribe or tribal organization to plan, con- effect for 5 consecutive fiscal years, starting munications and Competition Act, duct, and administer programs, services, from the fiscal year the participating Indian ECCA, along with my colleague from functions, and activities, or portions thereof, tribe or tribal organization first entered into requested by the Indian tribe or tribal orga- Montana, Senator BURNS. I am pleased its contract under this Act. that this legislation has also been co- nization and related to archeological, an- ‘‘(i) REPORT.—Not later than 90 days after thropological and cultural surveys and anal- the close of each of fiscal years 2003 and 2006, sponsored by Senators LOTT, GREGG, yses, and activities related to the identifica- the Secretary shall present to the Congress MIKULSKI, LEAHY, and BAUCUS. tion, maintenance or protection of lands con- detailed reports, including a narrative, find- This bill will ensure that consumers sidered to have religious, ceremonial or cul- ings, and conclusions on the costs and bene- will soon be able to avail themselves of tural significance to Indian tribes. fits of this demonstration project. an innovative new wireless technology, ‘‘(2) TIME LIMITATION FOR NEGOTIATION OF ‘‘(j) PLANNING GRANTS.— recently approved by the Federal Com- CONTRACTS.—Not later than 90 days after a ‘‘(1) IN GENERAL.—Subject to the avail- munications Commission. It is called participating Indian tribe or tribal organiza- ability of appropriated funds, upon applica- the Multichannel Video Distribution tion has notified the Secretary that it has tion the Secretary shall award a planning and Data Service, MVDDS, a title completed the planning phase required by grant in the amount of $100,000 to any Indian subsection (e), the Secretary shall initiate tribe or tribal organization selected for par- which accurately describes what this and conclude negotiations, unless an alter- ticipation in the demonstration project to new service will provide consumers: native negotiation and implementation enable it to plan for the contracting of pro- cable competition and a high speed ac- schedule is otherwise agreed to by the par- grams, functions, services, and activities as cess to the Internet. ties. The declination and appeals provisions authorized under this Act and meet the plan- Unless Congress Acts, however, it of the Indian Self-Determination and Edu- ning phase requirement of subsection (e). An may be years before service is actually

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Consumers cannot 2002’’. nology can address all of these needs, wait for spectrum to be ‘‘shelved’’ for SEC. 2. PURPOSES. and we should remove unnecessary and an entire decade. The purposes of this Act are as follows: counterproductive regulatory obstacles The ECCA solves this problem by en- (1) To facilitate the deployment of new that prevent its swift deployment. suring that only qualified applicants wireless telecommunications networks in This bill is supported by consumer will be licensed. That is, within six order to extend the reach of the Emergency groups. The Consumers Union has en- months of enactment, the FCC would Alert System (EAS) to viewers of multichannel video programming who may not re- dorsed this legislation, because it will issue licenses to any applicant that can demonstrate through independent test- ceive Emergency Alert System warnings help ensure that competition rapidly from other communications technologies. emerges for video programming as well ing that it will employ a technology (2) To ensure that emergency personnel as high speed Internet services. The that won’t cause harmful interference have priority access to communications fa- Consumers Union notes that cable to DBS operators with whom they cilities in times of emergency. rates have risen 45 percent since cable would share spectrum. Then, to be sure (3) To promote the rapid deployment of low was deregulated in 1996, an increase that service is in fact deployed, the cost multi-channel video programming and that is almost three times faster than ECCA requires licensees to provide broadband Internet services to the public, service to consumers within five rather without causing harmful interference to ex- inflation. According to the FCC, just isting telecommunications services. one percent of cable communities than ten years. This legislation also requires that (4) To ensure the universal carriage of enjoy ‘‘effective competition.’’ MVDDS local television stations, including any parties who apply for licenses under can go head-to-head with incumbent Emergency Alert System warnings, by mul- this provision must assume specific cable systems everywhere, and I be- tichannel video programming distributors in public interest obligations in exchange lieve that this good old fashioned com- all markets, regardless of population. for their prompt licensing. The bill re- petition will result in lower prices and (5) To advance the public interest by mak- quires full must-carry of local tele- ing available new high speed data and video better service for consumers even for vision stations, and an additional set services to unserved and underserved popu- those who don’t choose to subscribe to aside of 4 percent of system capacity lations, including schools, libraries, tribal MVDDS. for other public interest purposes such lands, community centers, senior centers, This legislation has also been en- and low-income housing. as tele-medicine and distance learning. dorsed by the National Grange, Amer- (6) To ensure that new technologies capa- I can assure my colleagues that these ica’s oldest general farm and rural pub- ble of fulfilling the purposes set forth in are issues particularly important in lic interest organization. The National paragraphs (1) through (5) are licensed and rural areas in states like Louisiana. deployed promptly after such technologies Grange recognizes the extraordinary The ECCA will also promote public have been determined to be technologically opportunity this new wireless tech- safety, in two ways. First, it will re- feasible. nology can offer rural Americans, but quire MVDDS licensees to air Emer- SEC. 3. LICENSING. it fears that the FCC Order authorizing gency Alert System warnings. These (a) GRANT OF CERTAIN LICENSES.— MVDDS failed to ensure that it will in- alerts are presently carried by cable (1) IN GENERAL.—The Federal Communica- deed adequately serve rural America. tions Commission shall assign licenses in the systems and over-the-air broadcasters. 12.2–12.7 GHz band for the provision of fixed At this time I would ask that these two However, they are not seen by those letters, and other letters of support, be terrestrial services using the rules, policies, who get their programming from DBS and procedures used by the Commission to published in the RECORD following my unless the viewer happens to be watch- assign licenses in the 12.2–12.7 GHz band for statement. ing a local channel. In states like Lou- the provision of international or global sat- The bill Senator BURNS and I are in- isiana, where DBS operators do not ellite communications services in accord- troducing today will restore fairness in carry local stations, this is particu- ance with section 647 of the Open-market Re- the FCC licensing process, and in so larly important. Unfortunately, my organization for the Betterment of Inter- national Telecommunications Act (47 U.S.C. doing, speed the deployment of MVDDS state is not alone—local stations are to applicants that are ready to launch 765f). also not carried in Alaska, Arkansas, (2) DEADLINE.—The Commission shall ac- service to the public now. Idaho, Iowa, Maine, Montana, Mis- The ECCA provides that MVDDS ap- cept for filing and grant licenses under para- sissippi, Nebraska, North and South graph (1) to any applicant that is qualified plicants will be licensed in the same Dakota, West Virginia, and Wyoming. pursuant to subsection (b) not later than six manner as satellite companies who ap- In total, over 1,100 TV stations are not months after the date of the enactment of plied on the same day to share the carried by DBS. this Act. The preceding sentence shall not be same spectrum. Currently, the FCC Second, this legislation requires construed to preclude the Commission from plans to subject only MVDDS appli- MVDDS licensees to make their trans- granting licenses under paragraph (1) after the deadline specified in that sentence to ap- cants to an auction process. This would mission systems available to national impose a discriminatory tax on an in- plicants that qualify after that deadline. security and emergency preparedness (b) QUALIFICATIONS.— novative new technology. Unfortu- personnel on a top-priority basis in (1) NON-INTERFERENCE WITH DIRECT BROAD- nately, this is more of the same bur- times of need. We all know that when CAST SATELLITE SERVICE.—A license may be densome regulation that I believe has emergencies strike, the need for public granted under this section only if operations contributed to the collapse of the tele- safety personnel to communicate with under the license will not cause harmful in- communications sector. Government one another skyrockets. MVDDS wire- terference to direct broadcast satellite service. regulation is necessary, certainly; but less networks, which will be deployed we must be smart in how we regulate (2) ACCEPTANCE OF APPLICATIONS.—The ubiquitously throughout the country, Commission shall accept an application for a business. We must ensure that our laws can help alleviate this thirst for spec- license to operate a fixed terrestrial service and regulations are technologically trum. in the 12.2–12.7 GHz band if the applicant— neutral so that government policies For these reasons, I believe that Con- (A) successfully demonstrates the terres- don’t replace the role of the market- gress should act on this matter as soon trial technology it will employ under the li- place in determining the fate of con- as possible. I urge my colleagues to cense with operational equipment that it sumer products and services. support this bill and vote for enact- furnishes, or has furnished, for independent Furthermore, an auction would dras- ment this year. I ask unanimous con- testing pursuant to section 1012 of the tically delay the introduction of serv- Launching Our Communities’ Access to sent that the text of this bill be printed Local Television Act of 2000 (47 U.S.C. 1110); ice to the public. Mr. President, this is in the RECORD. and quite the opposite of what spectrum There being no objection, the mate- (B) certifies in its application that it has auctions are supposed to do. In this rial was ordered to be printed in the authority to use such terrestrial service case, industry incumbents can use the RECORD, as follows: technology under the license.

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(3) CLARIFICATION.—Section 1012(a) of the CONSUMERS UNION, carried by DBS providers. This possibility is Launching Our Communities’ Access to Washington, DC, August 29, 2002. denied to subscribers in the 13 states in Local Television Act of 2000 (47 U.S.C. DEAR SENATOR: On behalf of Consumers which DBS provides no local channels (AK, 1110(a); 114 Stat. 2762A–141) is amended by in- Union, we are writing to seek your support AR, ID, IA, LA, ME, MT, MS, NE, ND, SD, serting ‘‘, or files,’’ after ‘‘has filed’’. for the Emergency Communications and WV, and WY). Given the heightened need for (4) PCS OR CELLULAR SERVICES.—A license Competition Act of 2002, sponsored by Sen- effective local security and emergency man- granted under this section may not be used ators Landrieu and Burns. This legislation agement plans, consumers must be able to for the provision of Personal Communica- would benefit consumers by ensuring that receive Emergency Alerts regardless of tions Service or terrestrial cellular teleph- quality wireless spectrum is available for where they live and how they access video ony service. video programming and a wide range of pub- programming services. lic services, including emergency warnings. Finally, the Emergency Communications (c) PROMPT COMMENCEMENT OF SERVICE.—In Consumers Union has long advocated for order to facilitate and ensure the prompt de- and Competition Act of 2002 includes a num- policies that will increase competition to ber of specific public interest obligations of ployment of service to unserved and under- cable television and encourage deployment tremendous benefit to consumers. The bill served areas and to prevent stockpiling or of advanced Internet services to rural and requires a licensee to make its facilities warehousing of spectrum by licensees, the underserved communities, and we support available for candidates for public office and Commission shall require that any licensee policies that encourage efficient use of wire- to provide at least 4% of its capacity for under this section commence service to con- less spectrum. We believe that multichannel services that promote the public interest, in- sumers within five years of the grant of the video and data distribution service (MVDDS) cluding telemedicine services, educational license under this section. could provide an extraordinary opportunity programming, including distance learning, (d) EXPANSION OF EMERGENCY ALERT SYS- for consumers to receive video programming, high speed Internet access to unserved and TEM.—Each licensee under this section shall local broadcast, and broadband Internet ac- underserved populations, or local data and disseminate Federal, State, and local Emer- cess at affordable prices, by efficiently video services intended to facilitate public gency Alert System warnings to all sub- reusing satellite spectrum. However, a re- participation in local government and com- scribers of the licensee under the license cent FCC order authorizing MVDDS fails to munity life. under this section. ensure that this spectrum will be used for Consumers Union has long argued that the purpose of competition for video pro- American consumers must have competitive (e) ACCESS FOR EMERGENCY PERSONNEL.— gramming. alternatives for video programming as well (1) REQUIREMENT.—Each licensee under this Nationwide, consumers have seen their section shall provide immediate access for as for high speed Internet services. The cable television rates rise 45 percent since Emergency Communications and Competi- national security and emergency prepared- cable was deregulated in 1996, an increase al- ness personnel to the terrestrial services tion Act 2002 will help ensure such competi- most three times faster than inflation. In tion rapidly emerges. For all of these rea- covered by the license under this section as the few areas where there is robust competi- follows: sons, we ask you to support the Emergency tion among cable providers, rate increases Communications and Competition Act of (A) Whenever the Emergency Alert System have been less draconian; consumers receive is activated. 2002. more channels for less money. Direct com- Respectfully, (B) Otherwise at the request of the Sec- petition for video services should be a high retary of Homeland Security. CHRIS MURRAY, public policy priority because it results in Internet & Tele- (2) NATURE OF ACCESS.—Access under para- lower prices and better service for con- graph (1) shall ensure that emergency data is communications sumers. Counsel. transmitted to the public, or between emer- Instead, the FCC’s decision seems to better gency personnel, at a higher priority than GENE KIMMELMAN, serve the interests of companies who want to Senior Director. any other data transmitted by the service provide wireless data services to businesses, concerned. by defining markets in a way that it will be NATIONAL GRANGE, difficult to provide video services. By basing (f) ADDITIONAL PUBLIC INTEREST OBLIGA- OF THE ORDER OF PATRONS OF MVDDS licenses on an entirely different geo- TIONS.— HUSBANDRY, graphic system than what is currently used (1) ADDITIONAL OBLIGATIONS.—Each licensee Washington, DC, August 16, 2002. for television markets, the FCC order would under this section shall— Hon. MARY L. LANDRIEU, render local television carriage all but im- (A) adhere to rules governing carriage of U.S. Senate, possible, perpetuating artificial scarcity for local television station signals and rules Washington, DC. video spectrum. This virtually forecloses the concerning obscenity and indecency con- DEAR SENATOR LANDRIEU: On behalf of the possibility that MVDDS could be a robust sistent with sections 614, 615, 616, 624(d)(2), National Grange, I am writing to thank you competitor to cable. 639, 640, and 641 of the Communications Act for introducing the Emergency Communica- At a time when the FCC has also elimi- of 1934 (47 U.S.C. 534, 535, 536, 544(d)(2), 559, tions and Competition Act of 2002 (ECCA) nated the 45 MHz spectrum cap, inviting 560, and 561); sponsored by Sen. Mary Landrieu (LA) which more wireless consolidation, it is far less (B) make its facilities available for can- would assure that multichannel video and critical to put additional spectrum on the didates for public office consistent with sec- data distribution services (MVDDS) will be market for non-video services. Accordingly, tions 312(a)(7) and 315 of the Communications available and affordable in every rural com- we support the Emergency Communications Act of 1934 (47 U.S.C. 312(a)(7) and 315); and munity across the nation. and Competition Act of 2002 as a sound ap- (C) allocate 4 percent of its capacity for The National Grange is America’s oldest proach to ensure that MVDDS is a vehicle services that promote the public interest, in general farm and rural public interest orga- for real competition to cable television, es- addition to the capacity utilized to fulfill nization. Founded in 1867, today the Grange the obligations required of subparagraphs (A) pecially in rural and underserved areas. First, the bill would facilitate licensing of represents nearly 300,000 Grange members af- and (B), such as— companies in the 12.2–12.7 GHz band that are filiated with 3200 local, county and state (i) telemedicine; committed to providing these needed con- Grange chapters. The Grange members are (ii) educational programming, including sumer services. Moreover, this bill requires families and individuals who share a com- distance learning; that licensees build out these services within mon interest in community involvement, ag- (iii) high speed Internet access to unserved five years, compared with the FCC’s order ricultural and rural issues. The Grange is a and underserved populations; and which allows license holders to warehouse genuine grassroots, bipartisan, political ad- (iv) specialized local data and video serv- MVDDS spectrum as long as ten years before vocacy organization. The goal of Grange ad- ices intended to facilitate public participa- providing services. Second, the Emergency vocacy is the well being and prosperity of tion in local government and community Communications and Competition Act of 2002 rural America. life. would ensure access to local broadcast sig- Rural telecommunication service deploy- (2) LICENSE BOUNDARIES.—In order to en- ment is a top priority for the National sure compliance with paragraph (1), the nals by including full must carry requirements and retransmission consent require- Grange. In our priority issues document Commission shall establish boundaries for li- Blueprint for Rural America 2002, we de- censes under this section that conform to ex- ments in all television markets. Third, this bill fixes the market boundary definition scribed the vital need for telecommuni- isting television markets, as determined by cations services in rural areas: the Commission for purposes of section problem by setting license boundaries that ‘‘Adequate access to telecommunications 652(h)(1)(C)(i) of the Communications Act of conform to existing television market services such as telephone, Internet, satellite 1934 (47 U.S.C. 534(h)(1)(C)(i)). boundaries. Importantly, the bill would also require and cable is important to rural America. The (g) REDESIGNATION OF MULTICHANNEL VIDEO each licensee to disseminate Federal, State Internet delivers services and products effi- DISTRIBUTION AND DATA SERVICE.—The Com- and local Emergency Alert System warnings ciently, irrespective of geographic location. mission shall redesignate the Multichannel to all subscribers. Currently, subscribers to Today, workers who telecommute can enjoy Video Distribution and Data Service Digital Broadcast Satellite (DBS) program- a rewarding career and a rural life style. Sat- (MVDDS) as the Terrestrial Direct Broadcast ming only receive alerts if they happen to ellite technology can bring new information Service (TDBS). live in an area where local programming is to every farm in America. We must assure

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that advanced telecommunications tech- transmission technology is very small, and NATIONAL COUNCIL OF LA RAZA, nologies are available in every rural commu- should not require building new towers or Washington, DC, September 4, 2002. nity at affordable costs.’’ other projects that would require condemna- DEAR SENATOR: As you know, the National We believe that multichannel video and tion of private property. Because of this we Council of La Raza (NCLR) has long advo- data distribution services (MVDDS), as set do not believe there will be any technical cated on behalf of the nation’s growing His- forth in the ECCA, provide an extraordinary justification for license holders to ask local panic community on a number of economic, education, and other social policy issues. opportunity for rural Americans to receive governments to exercise eminent domain au- You may not be aware, however, that NCLR video programming, local broadcast, and thority on private property in order to meet has also had a long-standing interest in pol- broadband Internet access at affordable build out requirements. The National Grange has long argued that icy affecting telecommunications, access to prices. However, the FCC order authorizing rural Americans must have competitive al- the Internet, and the growing concentration MVDDS failed to ensure that rural America ternatives to cable and Direct Broadcast of the media industry. That is why I am will be adequately served by this new tech- Satellite services, both for video and high writing today to seek your support for the nology. By contrast, the ECCA would assure speed Internet services. The Emergency Emergency Communications and Competi- that MVDDS is available and affordable in Communications and Competition Act of 2002 tion Act of 2002, sponsored by Senators Mary every rural community. will ensure that competitive service is de- Landrieu (D–LA) and Conrad Burns (R–MT). First, the ECCA would facilitate licensing ployed in a timely manner along with crit- NCLR has been a strong supporter in the of services in the 12.2–12.7 GHz band. It re- ical local and emergency broadcast signals past for policies that will increase competi- quires that licensees build out services within rural underserved areas. For all of these tion in the cable industry and encourage de- in five years. The FCC rule allows license reasons, we strongly support the Emergency ployment of advanced Internet services to holders to warehouse MVDDS spectrum for Communications and Competition Act of rural and underserved communities. We have as long as ten years before providing serv- 2002. also urged ‘‘must carry’’ rules for all video ices. Rural Americans cannot afford to wait Sincerely, programming competitors, regardless of another ten years for access to advanced KERMIT W. RICHARDSON, President. platform, to ensure that communities, espe- telecommunitions technologies such as cially rural ones, have full access to local MVDDS. The National Grange believes that LEADERSHIP CONFERENCE and emergency broadcast signals. That is license holders should be held to a strict ON CIVIL RIGHTS, why earlier this summer we wrote to a num- ‘‘use or lose’’ standard if they fail to deploy Washington, DC, September 9, 2002. ber of lawmakers expressing our support for services within the statutory five-year time U.S. SENATE, new technology that will provide multi- frame. Washington, DC. channel video and data distribution services Second, the ECCA would reverse the FCC’s DEAR SENATOR: The Leadership Conference (‘‘MVDDS’’) (a copy of that earlier commu- inappropriate decision to auction licenses in on Civil Rights (LCCR), the nation’s oldest, nication is attached). MVDDS provides a sig- this band. Historically, auctions have failed largest, and most diverse coalition of organi- nificant opportunity for consumers to re- to foster competition, particularly in rural zations committed to the protection of civil ceive video programming, local broadcasts markets. Only 31% of spectrum licenses of- and human rights in the United States, and broadband Internet access at affordable fered for sale in 2001 were actually sold. writes to express our support for the Elec- prices. As noted in that earlier correspond- Rural areas remain grossly underserved by tronic Communications and Competition Act ence, the FCC order authorizing MVDDS spectrum licensing programs. of 2002, sponsored by Senators Landrieu and failed in many significant respects to serve Third, it would include full ‘‘must carry’’ Burns. We believe that the legislation will the interests of consumers and underserved requirements for all local broadcast signals help bridge the digital divide by encouraging communities. We urge Congress to enact the Emergency in all television markets served by MVDDS rapid deployment of a new wireless multi- Communications and Competition Act of 2002 providers. Consumers in rural areas depend channel video and data technology to ensure that MVDDS benefits are available on local programming for news, information (MVDDS). This new technology will bring to all consumers, especially in rural and un- about local events, and other important in- low-cost broadband Internet and video serv- terests. However, in many states, rural con- derserved areas, for a range of reasons. ices to rural and underserved areas and in- First, the bill would facilitate licensing of sumers are unable to receive those signals crease the prospects for media ownership by over Direct Broadcast Satellite (DBS) serv- companies in the 12.2–12.7 GHz band who are minorities and women. committed to providing these needed con- ices or even, in some cases, by means of over- While LCCR was pleased that the Federal sumer services. Additionally, this bill re- the-air free broadcasting. Communications Commission approved the quires licensees to build out these services Fourth, the ECCA would require each li- creation of MVDDS, the order failed to en- censes to disseminate Federal, State and within five years, compared with the current sure that MVDDS would provide local broad- FCC rule which allows license holders to local Emergency Alert System warnings to cast television, video programming, and all subscribers. Currently, subscribers to warehouse MVDDS spectrum for as long as broadband Internet services throughout the ten years before providing services. DBS programming may or may not receive country. There is no question that auctions alerts. DBS provides no local channels in 13 Second, the Emergency Communications favor incumbents and are a major impedi- and Competition Act of 2002 would include states (AK, AR, ID, IA, LA, ME, MT, MS, NE, ment to minority media ownership. The ND, SD, WV, and WY). DBS subscribers in full ‘‘must carry’’ requirements and retrans- Electronic Communications and Competition mission consent requirements in all tele- these states receive no emergency or local Act will ensure that MVDDS fulfills, among vision markets, thereby ensuring access to broadcasts at all. Given the heightened need other things, its potential to increase minor- local broadcast signals. Moreover, this bill for effective local security and emergency ity ownership and bridge the digital divide. sets license boundaries that conform to ex- management plans, rural Americans must Notwithstanding the decades of civil rights isting television market boundaries. Local receive Emergency Alerts regardless of community advocacy, minority broadcast access is critical as consumers depend on where they live and how they access video ownership is declining. Although minorities local programming for news, information programming services. represent more than one quarter of the na- about local events, language appropriate Finally, the ECCA includes a number of tion’s population, they are just 23, or 1.9% of programming, and other critical interests. specific public interest obligations that will the 1288 owners of licensed, full-power com- Current FCC rules for the MVDDS licenses benefit rural consumers. The bill requires a mercial broadcast television stations in the call for entirely different geographic bound- licenses to provide at least 4% of its capacity United States. aries, which would render local television for services that promote the public interest, The Electronic Communications and Com- carriage almost impossible. including telemedicine services, distance petition Act will eliminate the auction re- Third, the bill would require each licensee learning, high speed Internet access to quirement and compel immediate licensing to disseminate federal, state and local Emer- unserved and underserved populations, or of all conforming MVDDS technologies. In gency Alert System warnings to all sub- local data and video services intended to fa- addition, it will require license-holders to scribers. Today, subscribers to Digital cilitate public participation in local govern- build out services within five years, signifi- Broadcast Satellite (‘‘DBS’’) programming ment and community life. If implemented ef- cantly narrowing the digital divide. The act only receive alerts if they happen to live in fectively, these provisions could dramati- will also require that a percentage of each li- areas where local programming is carried by cally change the way that rural Americans cense-holder’s capacity be used for public in- DBS providers. This possibility does not even engage in civic life, experience education, terest purposes such as distance education, exist in the 14 states in which DBS provides and find necessary medical services. telemedicine, or other important local pur- no local channels (AK, AR, ID, IA, LA, ME, The National Grange has a suggestion for poses. MT, MS, NE, ND, SD, VT, WV, and WY). improving this bill. We support adding lan- In sum, I urge you to support the Elec- Given the heightened need for effective local guage to the ECCA to protect the property tronic Communications and Competition security and emergency management plans, interests of rural Americans with a provision Act. It provides a rare opportunity to in- consumers should be able to receive Emer- forbidding MVDDS licenses from being used crease media diversity and to narrow the gency Alerts regardless of where they live as evidence of public good for private prop- digital divide. and how they access video programming erty condemnation proceedings, other than Sincerely, services. in the cases of existing utility or railroad WADE J. HENDERSON, Fourth, the Emergency Communications rights of way. We understand that MVDDS Executive Director. and Competition Act of 2002 provides other

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important benefits to consumers by requir- WILMA MANKILLER, a like manner. While I believe that ing a licensee to provide at least 4% of its ca- ROUTE 1, BOX 945, Northpoint is currently the only qualified pacity for services that promote the public Stilwell, OK, August 16, 2002. terrestrial applicant because it alone sub- interest, including telemedicine services, Hon. MARY LANDRIEU, mitted equipment for the independent test- educational and long distance learning U.S. Senate, Washington, DC. ing conducted by the MITRE Corporation proramming, high-speed Internet access to DEAR SENATOR LANDRIEU: Thank you for last year, your legislation clearly offers an unserved and underserved populations, and/ drafting the ‘‘Emergency Communications opportunity for other companies to similarly or local data and video services intended to and Competition Act.’’ Passage of your legis- become qualified by subjecting their own facilitate public participation in local gov- lation will help facilitate the rapid deploy- technology to independent testing this year. ernments and community life, and also re- ment of the Multichannel Video Distribution Sincerely, quires a licensee to make its facilities avail- and Data Service (MVDDS), a new wireless WILMA MANKILLER, able for candidates for public office. service that the Federal Communications Principal Chief, Cherokee Nation. Commission recently authorized. Finally, as noted in our earlier correspond- This innovative wireless technology can MARZULLA & MARZULLA, ence, MVDDS is likely to increase for minor- provide affordable video programming (in- ity broadcasting ownership opportunities ATTORNEY AT LAW, cluding all local channels) and broadband Washington, DC, August 30, 2002. and Latino content over the airwaves, a Internet access to consumers throughout the critically important consideration for NCLR. Re the Emergency Communications and entire country, and it will be particularly Competition Act of 2002. NCLR believes that all American con- important to Native Americans who live in Hon. MARY LANDRIEU, sumers are entitled to have access to com- rural areas where competition all too often Senate Hart Office Building, Washington, DC. petitive alternatives to cable and DBS serv- is lacking or non-existent. DEAR SENATOR LANDRIEU: I am writing to ices, for both video and high-speed data serv- Your legislation will ensure that the FCC thank you for sponsoring the Emergency ices. For the reasons set forth above, we ask promptly issues licenses to qualified appli- Communications and Competition Act of you to support the Emergency Communica- cants. As you know, the FCC has decided to 2002. tions and Competition Act of 2002. issue MVDDS licenses through an auction This measure will promote the deployment Sincerely, process. Auctions have yet to facilitate the of the Multi-channel Video Distribution and RAUL YZAGUIRRE, deployment of video service or broadband to Data Service (‘‘MVDDS’’), an innovative President. Native American communities. I’m particu- ground-based wireless digital technology larly worried that in this case an auction that will share spectrum with satellites in may prevent the deployment of actual serv- AVOYEL-TAENSA TRIBE the 12.2–12.7 GHz spectrum band. Sharing ice for at least a decade. OF LOUISIANA, Unless Congress enacts your legislation, this spectrum will dramatically increase the Simmesport, LA, August 28, 2002. well-heeled opponents of new completion capacity of radio spectrum, and promises Hon. MARY L. LANDRIEU, could outbid small startups. Auction partici- consumers new and competitive choices for U.S. Senate, Washington, DC. pants aren’t required to have a proven tech- multi-channel video programming and internet broadband services. DEAR SENATOR LANDRIEU: I am writing on nology and they don’t have to deploy any behalf of the Avoyel-Taensa Indian Organiza- service for ten years. Your bill corrects this Because of its affordability, this tech- tion. We are a rural people by nature and by requiring all applicants to demonstrate nology will also make possible provision of have an obvious concern about the develop- they are capable of deploying MVDDS and broadband services to underserved popu- ment of rural areas in Louisiana. The Emer- requiring them to do so in five years. lations such as students, library users, Indi- gency Communications and Compensation The National Congress of American Indi- ans on reservations, community center Act of 2002 is critical for further develop- ans (NCAI), the nation’s oldest, largest and users, seniors, and residents in low-income ment in this legislation and hope that you most representative tribal government, as housing. decide to sponsor it. well as the National Indian Telecommuni- However, this bill does more than benefit cations Institute (NITI), a tribally-owned the consumer. This bill also protects the in- This legislation provides benefits for rural and operated not-for-profit organization tellectual property rights of the inventors of areas previously not available. School- dedicated to ensuring that Native Americans this new technology, and thus is consistent children will have access to the internet—a have the same opportunity to participate in, with the constitutional framers’ intent that significant advancement in education for and benefit from, the digital revolution as creators and owners of intellectual property rural communities. Also, this legislation will other Americans have urged the FCC to li- rights enjoy the fruits of their labor. provide access to a wide-range of television censes to qualified applicants without an As you know, rather than permitting the stations for an entire rural area at an afford- auction process. inventors to utilize their new technology, able cost. Having telemedicine capabilities As the NCAI wrote to the FCC on March 22, the FCC instead chose to dismiss the inven- in community health centers is becoming es- 2002, ‘‘The difficulty in finding service pro- tors’ licensing applications (after allowing sential. This new Bill would bring this tech- viders willing and able to provide tele- their application to languish for over three nology to the rural communities. communications to Native American com- years), and called for a nationwide spectrum This new Bill will also require full ‘‘must munities is well documented. As the FCC’s auction. The FCC’s refusal to process the in- carry’’ requirements for all local broadcast own records show auctions do nothing to ventors’ permit application for over three signals in all television markets. Consumers narrow that gap and indeed may exacerbate years itself raises serious due process con- in rural areas depend on local programming the problem.... If the FCC auctions use of the cerns. See, e.g., MCI Telecommunications Corp. for news, information about local events, and 12.2–12.7 GHz band, the potential to bring v. FCC, 627 F.2d 322, 341 (1980) (‘‘[D]elay in the other important interests. Subscribers to Di- video and broadband services to our commu- resolution administrative proceedings can rect Broadcast Satellite (DBS) do not have nities in that spectrum will remain also deprive regulated entities, their com- access to local broadcast signals in the State unfulfilled.’’ petitors or the public of rights and economic of Louisiana. I heartily share these concerns and thus I opportunities without the due process the am very grateful that you have crafted legis- Constitution requires.’’). Most importantly, however, the Emer- lation that will ensure the promise of The FCC’s decision to auction off the right gency Communications and Competition Act MVDDS in rural America and tribal commu- to use the inventors’ technology, the only of 2002 brings a new level of security to our nities can be fulfilled through prompt licens- technology currently proven able to allow rural communities. DBS does not distribute ing of companies that are ready, willing and terrestrial service to reuse the same spec- Federal, State, and Local emergency alerts able to offer new competitive service. trum currently used by satellite systems, to to its subscribers. This Act will ensure that I and several other Native Americans are the highest bidder also smacks of a taking of emergency alerts will reach the rural com- local affiliates of Northpoint Technology, private property without payment of just munities. Given the heightened need for the only company that has demonstrated its compensation. See Ruckelshaus v. Monsanto local security and emergency management, technology through independent testing. We Co., 467 U.S. 986, 1003 (1984) (‘‘[I]ntangible it is imperative that rural Americans receive clearly lack the resources to compete at an property rights ... are deserving of the pro- emergency alerts. auction against giant communications com- tection of the Taking Clause has long been There is a new technology, led by panies. I find it remarkable that they are eli- implicit in the thing of [the Supreme] Court. Northpoint Technology that can effectively gible to seek a license when they have no . . .’’); Webb’s Fabulous Pharmacies, Inc. v. bring the luxury of satellite television and MVDDS technology. Beckwith, 449 U.S. 155, 164 (1980) (holding that the necessity of local programming and It’s also grossly unfair to subject us to government may not ‘‘by ipse dixit,... trans- emergency alerts at an affordable cost to the MVDDS applicants to an auction when the form private [property into public property rural areas of Louisiana. We are pleased you FCC is issuing licenses—without auction—to without just compensation.’’). have taken an interest in this legislation and several satellite companies that applied to Thus, this bill should be enacted not only stand by you if you decide to sponsor it. share the same spectrum on the same day I because it protects the property rights of the Sincerely Yours: filed my license application. Your legislation inventors, but because it also benefits con- ROMES ANTOINE, will ensure that terrestrial and satellite ap- sumers. This bill will require the FCC to ac- Tribal Chief plicants for the same spectrum are treated in cept an application for a license to operate a

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8468 CONGRESSIONAL RECORD — SENATE September 10, 2002 fixed terrestrial service in the 12.2–2.7 GHz let that consideration override good proposed by Mr. BYRD to the bill H.R. 5093, band only from an applicant that ‘‘will em- public policy judgments. The public in- supra. ploy terrestrial service technology under the terest is best served when the spectrum SA 4525. Mr. REID (for Mr. CLELAND (for himself, Mr. THOMPSON, Mr. AKAKA, and Mr. license that has been successfully dem- is licensed promptly to applicants that onstrated with operational equipment that GRAHAM)) proposed an amendment to amend- the application has furnished for testing pur- are ready to deploy service. ment SA 4472 proposed by Mr. BYRD to the suant to section 1012 of the Launching Our While auctions make sense in many bill H.R. 5093, supra. Communities’ Access to Local Television instances, this is not always the case. SA 4526. Mr. REID proposed an amendment Act of 2000 (47 U.S.C. § 1110) and certifies in Two years ago, Congress passed the to amendment SA 4472 proposed by Mr. BYRD its application that it has authority to use ORBIT Act, legislation I authored to the bill H.R. 5093, supra. such terrestrial service technology under the which, in part, exempted from auctions SA 4527. Mr. BURNS (for Mr. STEVENS) proposed an amendment to amendment SA 4472 license.’’ See proposed bill at § 3 (b)(1)(B)(i). ‘‘spectrum used for the provision of This bill will also require a license to build proposed by Mr. BYRD to the bill H.R. 5093, international or global satellite com- supra. out the system covered by the license within munications services.’’ five years of the grant of the license. See SA 4528. Mr. REID proposed an amendment proposed bill at § 3 (c). We are now confronted with a case of to amendment SA 4472 proposed by Mr. BYRD These requirements will ensure that the first impression in which the FCC has to the bill H.R. 5093, supra. SA 4529. Mr. BURNS (for Mr. THOMAS) pro- FCC issues licenses promptly and in a fair determined to issue licenses to both posed an amendment to amendment SA 4472 and constitutional manner to qualified appli- terrestrial and satellite applicants that proposed by Mr. BYRD to the bill H.R. 5093, cants (i.e., any party that demonstrates its share the same spectrum. Previously supra. own technology can share spectrum with sat- this was thought to be technologically SA 4530. Mr. WARNER (for himself and Mr. ellites would be eligible for a license). This impossible, as I mentioned, the FCC THOMPSON) submitted an amendment in- bill will finally enable consumers to enjoy an has now determined that the terres- tended to be proposed to amendment SA 4471 important new competitive service that is so proposed by Mr. LIEBERMAN to the bill H.R. long overdue. trial-based MVDDS can share with sat- 5005, to establish the Department of Home- Seldom does one bill protect private prop- ellites. In my judgment, the same Fed- land Security, and for other purposes; which erty rights, increase competition, and pro- eral resource must be licensed in the was ordered to lie on the table. vide more service options for the public. I am same manner to all applicants, regard- SA 4531. Mr. SCHUMER (for himself and happy to report that this bill accomplishes less of the technology they will em- Mrs. CLINTON) submitted an amendment in- all three. I commend you for authoring this ploy. To do otherwise is to pick indus- tended to be proposed by him to the bill H.R. important legislation and ask that you call try winners and losers. This bill cor- 5093, making appropriations for the Depart- upon me if any can be of any assistance to rects this problem. ment of the Interior and related agencies for help secure its passage. the fiscal year ending September 30, 2003, and f Yours truly, for other purposes; which as ordered to lie on NANCIE G. MARZULLA. AMENDMENT SUBMITTED AND the table. Mr. BURNS. Mr. President, today I PROPOSED f rise with my colleague from Louisiana, SA 4516. Mrs. HUTCHISON submitted an TEXT OF AMENDMENTS Sen. LANDRIEU, to introduce the amendment intended to be proposed to amendment SA 4472 proposed by Mr. BYRD to SA 4516. Mrs. HUTCHISON submitted ‘‘Emergency Communications and an amendment intended to be proposed Competition Act of 2002’’ or ‘‘ECCA.’’ the bill H.R. 5093, supra; which was ordered to lie on the table. to amendment SA 4472 proposed by Mr. This bill will build upon previous leg- SA 4517. Mr. ENZI (for himself, Mr. GRASS- BYRD to the bill H.R. 5093, making ap- islation I authored, the LOCAL TV LEY, Mr. HAGEL, and Mr. FEINGOLD) proposed propriations for the Department of the Act, to help ensure that all local TV an amendment to amendment SA 4480 pro- Interior and related Agencies for the stations, not just those in the largest posed by Mr. BYRD (for himself, Mr. BURNS, fiscal year ending September 30, 2003 markets are available to consumers. As Mr. STEVENS, Mr. REID, Mr. DOMENICI, Mrs. and for other purposes; which was or- a former broadcaster, I know Montana MURRAY, Mr. CRAIG, Mr. WYDEN, Mr. KYL, dered to lie on the table. has some of the smallest of the Na- Mr. BAUCUS, and Mr. CAMPBELL) to the On page 14, beginning on line 11 strike tions’ 210 television markets, from amendment SA 4472 proposed by Mr. BYRD to the bill H.R. 5093, making appropriations for ‘‘$42,682,000, to remain available until ex- 169th-ranked Missoula all the way the Department of the Interior and related pended:’’ and insert ‘‘$42,882,000, to remain down to 210th-ranked Glendive. agencies for the fiscal year ending Sep- available until expended, of which $200,000 Today, the satellite operators pro- tember 30, 2003, and for other purposes. shall be made available for the Caddo Lake vide local channels in 52 markets. I’m SA 4518. Mr. CRAIG (for himself, Mr. Ramsar Wetland Science Center, Texas, not crossing my fingers that they will DOMENICI, and Mr. MURKOWSKI) proposed an and;’’ get to Glendive anytime soon. That’s amendment to amendment SA 4480 proposed On page 25, line 7, strike ‘‘$238,205,000’’ and by Mr. BYRD (for himself, Mr. BURNS, Mr. insert ‘‘$238,005,000’’. why we need this legislation. It will en- On page 25, line 12, after ‘‘Act,’’ insert ‘‘of able the rapid deployment of the new STEVENS, Mr. REID, Mr. DOMENICI, Mrs. MUR- RAY, Mr. CRAIG, Mr. WYDEN, Mr. KYL, Mr. which $4,800,000 is for the Big Thicket Na- Multichannel Video Programming and BAUCUS, and Mr. CAMPBELL) to the amend- tional Preserve, Texas; and’’. Data Distribution Service, MVDDS, ment SA 4472 proposed by Mr. BYRD to the which the Federal Communications bill H.R. 5093, supra. SA 4517. Mr. ENZI (for himself, Mr. Commission authorized earlier this SA 4519. Mr. SCHUMER submitted an GRASSLEY, Mr. HAGEL, and Mr. FEIN- year. amendment intended to be proposed to GOLD) proposed an amendment to I commend the FCC for authorizing amendment SA 4472 proposed by Mr. BYRD to amendment SA 4480 proposed by Mr. this new service, it not only promises the bill H.R. 5093, supra; which was ordered BYRD (for himself, Mr. BURNS, Mr. STE- to lie on the table. VENS, Mr. REID, Mr. DOMENICI, Mrs. to bring local channels to all markets, SA 4520. Mr. BUNNING submitted an regardless of size, but it will also pro- amendment intended to be proposed to MURRAY, Mr. CRAIG, Mr. WYDEN, Mr. vide broadband Internet access to rural amendment SA 4472 proposed by Mr. BYRD to KYL, Mr. BAUCUS, and Mr. CAMPBELL) Americans who have no such access the bill H.R. 5093, supra; which was ordered to the amendment SA 4472 proposed by today. I expect that the low cost of this to lie on the table. Mr. BYRD to the bill H.R. 5093, making wireless technology will translate into SA 4521. Ms. LANDRIEU submitted an appropriations for the Department of low prices for consumers. This is pre- amendment intended to be proposed to the Interior and related agencies for amendment SA 4472 proposed by Mr. BYRD to cisely the kind of innovative new tech- the fiscal year ending September 30, the bill H.R. 5093, supra; which was ordered 2003, and for other purposes; as follows: nology we should encourage and pro- to lie on the table. mote. SA 4522. Mr. DODD (for himself and Mr. At the end of the amendment, add the fol- I am most concerned, however, that LIEBERMAN) proposed an amendment to lowing: unless we pass this legislation, we may amendment SA 4472 proposed by Mr. BYRD to SEC. 3ll. PAYMENT LIMITATIONS. never see the deployment of this new the bill H.R. 5093, supra. Section 1001 of the Food Security of 1985 (7 service. The FCC has determined that SA 4523. Mr. REID (for Mrs. BOXER) pro- U.S.C. 1308) is amended— posed an amendment to amendment SA 4472 (1) in subsection (b), by striking ‘‘$40,000’’ licenses for this new service should be proposed by Mr. BYRD to the bill H.R. 5093, each place it appears and inserting ‘‘$17,500’’; auctioned. I appreciate the FCC’s effort supra. (2) in subsection (c), by striking ‘‘$65,000’’ to help generate new revenues for the SA 4524. Mr. BURNS (for Mr. BENNETT) pro- each place it appears and inserting ‘‘$32,500’’; Federal Treasury, but we must never posed an amendment to amendment SA 4472 and

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EMERGENCY HAZARDOUS FUELS RE- porary restraining order or a preliminary in- DUCTION PLAN. ‘‘(1) LOAN COMMODITIES.—The total amount junction; and of the following gains and payments that a (a) IN GENERAL.—Subject to subsection (c) (D) be limited to a determination as to person may receive during any crop year and notwithstanding the National Environ- whether the selection of the project, based may not exceed $90,000: mental Policy Act of 1969, the Secretaries of on a review of the record, was arbitrary and ‘‘(A)(i) Any gain realized by a producer Agriculture and the Interior shall conduct capricious. from repaying a marketing assistance loan immediately and to completion, projects (g) RELATION TO OTHER LAWS.—The au- for 1 or more loan commodities under sub- consistent with the Implementation Plan for thorities provided to the Secretaries of Agri- title B of title I of the Farm Security and the 10-year Comprehensive Strategy for a culture and the Interior in this section are in Rural Investment Act of 2002 (7 U.S.C. 7931 et Collaborative Approach for Reducing addition to the authorities provided in any seq.) at a lower level than the original loan Wildland Fire Risks to Communities and the other provision of law, including section 706 rate established for the loan commodity Environment, May 2002 developed pursuant of Public Law 107–206 with respect to Beaver under that subtitle. to the Conference Report to the Department Park Area and the Norbeck Wildlife Preserve ‘‘(ii) In the case of settlement of a mar- of the Interior and Related Agencies Appro- within the Black Hills National Forest. priations Act, 2001 (House Report 106–646) to keting assistance loan for 1 or more loan SEC. lll. QUINCY LIBRARY INITIATIVE. reduce hazardous fuels within any areas of commodities under that subtitle by for- (a) Congress reaffirms its original intent federal land under the jurisdiction of the feiture, the amount by which the loan that the Herger-Feinstein Quincy Library Secretary of Agriculture or the Secretary of amount exceeds the repayment amount for Group Forest Recovery Act of 1998 be imple- the Interior that are outside of Congression- the loan if the loan had been settled by re- mented. Congress finds that delays and ob- ally designated Wilderness Areas and that payment instead of forfeiture. stacles to implementation of the Act have the appropriate Secretary determines quali- ‘‘(B) Any loan deficiency payments re- occurred as a result of the Sierra Nevada fies as a fire risk condition class three area. ceived for 1 or more loan commodities under Forest Plan Amendment decision January Any project carried out under this section that subtitle. 2001. ‘‘(C) Any gain realized from the use of a shall be consistent with the applicable forest (b) Congress hereby extends the expiration commodity certificate issued by the Com- plan, resource management plan, or other of the Act by five years. modity Credit Corporation for 1 or more loan applicable agency plans. (b) PRIORITY.—In implementing project commodities, as determined by the Sec- SA 4519. Mr. SCHUMER submitted an sunder this section, the Secretaries of Agri- retary, including the use of a certificate for culture and the Interior shall give highest amendment intended to be proposed to the settlement of a marketing assistance priority to— amendment SA 4472 proposed by Mr. loan made under that subtitle. (1) wildland urban interface areas; BYRD to the bill H.R. 5093, making ap- ‘‘(2) OTHER COMMODITIES.—The total (2) municipal watersheds; propriations for the Department of the amount of the following gains and payments (3) forested or rangeland areas affected by that a person may receive during any crop Interior and related agencies for the disease, insect activity, or wind throw; or fiscal year ending September 30, 2003, year may not exceed $90,000: (4) areas susceptible to a reburn. ‘‘(A)(i) Any gain realized by a producer (c) LIMITATIONS.—In implementing this and for other purposes; which was or- from repaying a marketing assistance loan section, the Secretaries of Agriculture and dered to lie on the table; as follows: for peanuts, wool, mohair, or honey under the Interior shall treat an aggregate area of On page 65, line 7, strike ‘‘Program,’’ and subtitle B or C of title I of the Farm Secu- not more than 10 million acres of federal insert ‘‘Program (of which $2,500,000 is for rity and Rural Investment Act of 2002 (7 land, maintain not less than 10 of the largest the acquisition of Waywayanda Lake in U.S.C. 7931 et seq.) at a lower level than the trees per acre in any treatment area author- Kent, New York),’’. original loan rate established for the com- ized under this section. The Secretaries shall modity under those subtitles. construct no new, permanent roads in RARE SA 4520. Mr. BUNNING submitted an ‘‘(ii) In the case of settlement of a mar- II Roadless Areas * * * amendment intended to be proposed to keting assistance loan for peanuts, wool, mo- (d) PROCESS.—The Secretaries of Agri- amendment SA 4472 proposed by Mr. hair, or honey under those subtitles by for- culture and the Interior shall jointly de- BYRD to the bill H.R. 5093, making ap- feiture, the amount by which the loan velop— amount exceeds the repayment amount for (1) notwithstanding the Federal Advisory propriations for the Department of the the loan if the loan had been settled by re- Committee Act, a collaborative process with Interior and related agencies for the payment instead of forfeiture. interested parties consistent with the Imple- fiscal year ending September 30, 2003, ‘‘(B) Any loan deficiency payments re- mentation Plan described in subsection (a) and for other purposes; which was or- ceived for peanuts, wool, mohair, and honey for the selection of projects carried out dered to lie on the table; as follows: under those subtitles. under this section consistent with subsection At the end of title III, add the following: ‘‘(C) Any gain realized from the use of a (b); and SEC. 328. (a) CONVEYANCE OF CERTAIN LAND commodity certificate issued by the Com- (2) in cooperation with the Secretary of AT BLUEGRASS ARMY DEPOT, KENTUCKY, AU- modity Credit Corporation for peanuts, wool, Commerce, expedited consultation proce- THORIZED.—The Secretary of the Army may mohair, and honey, as determined by the dures for threatened or endangered species. convey, without consideration, to Madison (e) ADMINISTRATIVE PROCESS.— Secretary, including the use of a certificate County, Kentucky (in this section referred to (1) REVIEWS.—Projects conducted under for the settlement of a marketing assistance as the ‘‘County’’), all right, title, and inter- loan made under those subtitles. this section shall not be subject to— (A) administrative review by the Depart- est of the United States in and to a parcel of ‘‘(f) SINGLE FARMING OPERATION.—Notwith- real property, including any improvements standing subsections (b) through (e), if an in- ment of the Interior Office of Hearings and Appeals; or thereon, consisting of approximately 3 acres dividual participates only in a single farm- at the Bluegrass Army Depot, Richmond, ing operation and receives, directly or indi- (B) the Forest Service appeals process and regulations. Kentucky, and including the building known rectly, any payment or gain covered by this as Quarters 29. section through the operation, the total (2) REGULATIONS.— (A) IN GENERAL.—The Secretaries of Agri- (b) CONDITION OF CONVEYANCE.—The Sec- amount of payments or gains (as applicable) retary may not make the conveyance of covered by this section that the individual culture and the Interior, as appropriate, may promulgate such regulations as are nec- property authorized by subsection (a) unless may receive during any crop year may not the County agrees to utilize the property for exceed twice the dollar amount prescribed in essary to implement this section. (f) JUDICIAL REVIEW.— historical preservation and education pur- this section.’’. (1) PROCESS REVIEW.—The processes devel- poses. oped under subsection (d) shall not be sub- (c) REVERSIONARY INTEREST.—If the Sec- SA 4518. Mr. CRAIG (for himself, Mr. ject to judicial review. retary determines at any time that the prop- DOMENICI, and Mr. MURKOWSKI) pro- (2) REVIEW OF PROJECTS.—Judicial review erty conveyed under subsection (a) has posed an amendment to SA 4480 proof a project implemented under this section ceased to be utilized for the purposes speci- posed by Mr. BYRD (for himself, Mr. shall— fied in subsection (b), all right, title, and in- BURNS, Mr. STEVENS, Mr. REID, Mr. (A) be filed in the Federal District Court terest in and to the property shall revert to DOMENICI, Mrs. MURRAY, Mr. CRAIG, Mr. for which the Federal lands are located with- the United States, and the United States in 7 days after legal notice of the decision to shall have the right of immediate entry onto WYDEN, Mr. KYL, Mr. BAUCUS, and Mr. conduct a project under this section is made the property. Any determination under this CAMPBELL) to the amendment SA 4472 to the public in a manner as determined by subsection shall be made on the record after proposed by Mr. BYRD to the bill H.R. the appropriate Secretary; an opportunity for a hearing. 5093, making appropriations for the De- (B) be completed not later than 360 days (d) ADMINISTRATIVE EXPENSES.—The Sec- partment of the Interior and related from the date such request for review is filed retary shall apply section 2695 of title 10,

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United States Code, to the conveyance au- (c) PROCEDURES.—The administrative pro- (2) The oil companies that hold these 36 thorized by subsection (a). cedures described in subsection (b) are that— leases have expressed an interest in retiring (e) DESCRIPTION OF PROPERTY.—The exact (1) in addition to notices provided under these leases in exchange for equitable com- acreage and legal description of the real any other provision of law, not later than 30 pensation and are engaged in settlement ne- property to be conveyed under subsection (a) days after the date of receipt of a petition, gotiations with the Department of the Inte- shall be determined by a survey satisfactory the Secretary shall provide written notifica- rior regarding the retirement of these leases; to the Secretary. The cost of the survey tion of the petition to— and shall be borne by the County. (A) the Governor and attorney general of— (3) It would be a waste of taxpayer dollars (f) ADDITIONAL TERMS AND CONDITIONS.— (i) the State in which the petitioner is lo- to continue the process for approval or per- The Secretary may require such additional cated as of that date; or mitting of these 36 leases when both the les- terms and conditions in connection with the (ii) each State in which the petitioner has sees and the Department of the Interior have conveyance under subsection (a) as the Sec- been located historically, if that State is dif- said they expect there will be an agreement retary considers appropriate to protect the ferent from the State in which the petitioner to retire these leases. interests of the United States. is located as of that date; (b) It is the sense of the Senate that no (B) the chief executive officers of each SA 4521. Ms. LANDRIEU submitted funds should be spent to approve any explo- county and municipality located in the geo- ration, development, or production plan for, an amendment intended to be proposed graphic area historically occupied by the pe- to amendment SA 4472 proposed by Mr. or application for a permit to drill on the 36 titioner; and undeveloped leases while the lessees are dis- BYRD to the bill H.R. 5093, making ap- (C) any Indian tribe and any other peti- cussing a potential retirement of these propriations for the Department of the tioner that, as determined by the Sec- leases with the Department of the Interior. Interior and related agencies for the retary— (i) has a relationship with the petitioner fiscal year ending September 30, 2003, Mr. BURNS (for Mr. BEN- (including a historical relationship); or SA 4524. and for other purposes; which was or- NETT) proposed an amendment to dered to lie on the table; as follows: (ii) may otherwise be considered to have a potential interest in the acknowledgement amendment SA 4472 proposed by Mr. On page 19, between lines 19 and 20, insert determination; BYRD to the bill H.R. 5093, making ap- the following: (2) the Secretary— propriations for the Department of the WEST NILE VIRUS (A) shall consider all relevant evidence Interior and related agencies for the For a grant program under which the Sec- submitted by a petitioner or any other inter- fiscal year ending September 30, 2003, retary of the Interior, acting through the Di- ested party, including neighboring munici- and for other purposes; as follows: rector of the U.S. Fish and Wildlife Service, palities that possess information bearing on On page 65, line 7, strike ‘‘Program,’’ and shall provide to States grants to carry out, the merits of a petition; insert ‘‘Program (of which $2,000,000 is for in coordination with a State plan of mos- (B) on request by an interested party, may the Castle Rock Phase 2 project, $1,600,000 is quito abatement, activities to prevent or conduct a formal hearing at which all inter- for the Chalk Creek (Blonquist) project, and control West Nile virus, in an amount pro- ested parties may present evidence, call wit- none is for the Range Creek #3 project, portionate to the number of people with nesses, cross-examine witnesses, or rebut Utah),’’. medically documented cases of West Nile evidence presented by other parties during Virus in a State but not more than $3,000,000 the hearing; and for any 1 State, $20,000,000, to remain avail- (C) shall include a transcript of a hearing SA 4525. Mr. REID (for Mr. CLELAND able until expended: Provided, That the en- described in subparagraph (B) in the admin- (for himself, Mr. THOMPSON, Mr. tire amount shall be available only to the ex- istrative record of the hearing on which the AKAKA, and Mr. GRAHAM)) proposed an tent that the President submits to Congress Secretary may rely in considering a petition; amendment to amendment SA 4472 pro- an official budget request for a specific dol- (3) the Secretary shall— posed by Mr. BYRD to the bill H.R. 5093, lar amount that includes designation of the (A) ensure that the evidence presented in entire amount of the request as an emer- making appropriations for the Depart- consideration of a petition is sufficient to ment of the Interior and related agen- gency requirement for the purposes of the demonstrate that the petitioner meets each Balanced Budget and Emergency Deficit of the 7 mandatory criteria for recognition cies for the fiscal year ending Sep- Control Act of 1985 (2 U.S.C. 900 et seq.): Pro- contained in section 83.7 of title 25, Code of tember 30, 2003, and for other purposes; vided further, That the entire amount is des- Federal Regulations (as in effect on the date as follows: ignated by Congress as an emergency re- of enactment of this Act); and On page 64, between lines 15 and 16, insert quirement under sections 251(b)(2)(A) and (B) consider a criterion to be met if the the following: 252(e) of the Balanced Budget and Emergency Secretary determines that it is more likely Deficit Control Act of 1985 (2 U.S.C. SEC. 1ll. SENSE OF THE SENATE CONCERNING than not that evidence presented dem- 901(b)(2)(A), 902(e)). ADEQUATE FUNDING FOR THE NA- onstrates the satisfaction of the criterion; TIONAL PARK SERVICE. SA 4522. Mr. DODD (for himself and and (a) FINDINGS.—Congress finds that— (4) the Secretary shall publish in the Fed- Mr. LIEBERMAN) proposed an amend- (1) the National Park Service is responsible eral Register, and provide to each person to ment to amendment SA 4472 proposed for the preservation and management of the which notice is provided under paragraph (1), natural and cultural resources of the Na- by Mr. BYRD to the bill H.R. 5093, mak- a complete and detailed explanation of the tional Park System for the enjoyment, edu- ing appropriations for the Department final decision of the Secretary regarding a cation, and inspiration of the present and fu- of the Interior and related agencies for documented petition under this Act that in- ture generations; the fiscal year ending September 30, cludes express findings of fact and law with (2) the National Park Service is the care- 2003, and for other purposes; as follows: respect to each of the criteria described in taker of some of the most valued natural, On page 64, between lines 15 and 16, insert paragraph (3). cultural, and historical resources of the the following: United States; SEC. 1ll. FEDERAL RECOGNITION. SA 4523. Mr. REID (for Mrs. BOXER) (3) the National Park System provides (a) IN GENERAL.—Notwithstanding any proposed an amendment to amendment countless opportunities for the citizens of other provision of this Act, and subject to SA 4472 proposed by Mr. BYRD to the the United States to enjoy the benefits of the availability of funds and subsections (b) bill H.R. 5093, making appropriations the heritage of the United States; and (c), the Bureau of Indian Affairs may not for the Department of the Interior and (4) the National Park Service is struggling use more than $1,900,000 of the funds made related agencies for the fiscal year end- to accommodate an increasing number of visitors while maintaining the National available by this Act to carry out functions ing September 30, 2003, and for other and activities associated with the Branch of Park System; and Acknowledgment and Research. purposes; as follows: (5) in an effort to support the purposes of (b) LIMITATIONS.—None of the funds made At the appropriate place, add the fol- the National Park System, in recent years available under this Act shall be used to ap- lowing: Congress has, with respect to units of the prove or deny a petition from any person or SEC. . SOUTHERN CALIFORNIA OFFSHORE OIL National Park System, substantially in- entity for recognition as a federally-recog- LEASES. creased the amount of funding available for nized Indian tribe or tribal nation (referred (a) Congress Finds That— operations, maintenance, and capital to in this section as a ‘‘petition’’) until such (1) There are 36 undeveloped oil leases on projects. date as the Secretary of the Interior (re- the land in the Southern California planning (b) SENSE OF THE SENATE.—It is the sense ferred to in this section as the ‘‘Secretary’’) area of the Outer Continental Shelf that of the Senate that Congress should— certifies to Congress that the administrative have been under review for an exceptionally (1) to the maximum extent practicable, procedures described in subsection (c) have long period of time, some going back over continue efforts to increase operational been implemented with respect to consider- thirty years, and have yet to be approved for funding for the National Park System; and ation of any petition submitted to the Sec- development pursuant to the Outer Conti- (2) seek to eliminate the deferred mainte- retary. nental Shelf Lands Act; nance backlog by fiscal year 2007.

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8471 SA 4526. Mr. REID proposed an the discretionary authority for the indem- submitted under paragraph (1) only a tech- amendment to amendment SA 4472 pro- nification of contractors and subcontractors nology or service listed in the catalog proposed by Mr. BYRD to the bill H.R. 5093, under Public Law 85–804 (50 U.S.C. 1431 et duced under subsection (d). making appropriations for the Depart- seq.) that— (3) COORDINATION OF LOCAL REQUESTS WITH- (1) clarifies that, in addition to the other ment of the Interior and related agen- IN STATE.—The Governor of a State (or the procurements for which the indemnification Mayor of the District of Columbia) may es- cies for the fiscal year ending Sep- authority may be exercised, the indemnifica- tablish such procedures as the Governor (or tember 30, 2003, and for other purposes; tion authority may be exercised for any pro- the Mayor of the District of Columbia) con- as follows: curement of an anti-terrorism technology or siders appropriate for administering and co- On page 64, between lines 15 and 16, insert an anti-terrorism service by an agency of the ordinating requests for anti-terrorism tech- the following: Federal Government engaged in homeland nologies or anti-terrorism services from SEC. 1ll. CONVEYANCE OF LAND TO THE CITY security activities that is to be used for the units of local government within the State. OF MESQUITE, NEVADA. purpose of preventing, detecting, identifying, (4) SHIPMENT AND TRANSPORTATION COSTS.— Section 3(f)(2)(B) of Public Law 99–548 (100 or otherwise deterring acts of terrorism; and A State requesting anti-terrorism tech- Stat. 3061; 113 Stat. 1501A–168) is amended by (2) includes within the scope of the discre- nologies or anti-terrorism services shall be striking ‘‘(iv) Sec. 8.’’ and inserting the fol- tionary indemnification authority procure- responsible for arranging and paying for any lowing: ments made by State or local governments shipment or transportation costs necessary ‘‘(iv) Sec. 7. through contracts entered into by the head to deliver the technologies or services, re- ‘‘(v) Sec. 8.’’. of an agency of the Federal Government spectively, to the State and localities within under section 522, but only with respect to the State. SA 4527. Mr. BURNS (for Mr. STE- amounts of losses or damages not fully cov- (c) REIMBURSEMENT OF ADMINISTRATIVE VENS ) proposed an amendment to ered by private liability insurance and COSTS.—In the case of a procurement made amendment SA 4472 proposed by Mr. State- or local government-provided indem- by a State or unit of local government under BYRD to the bill H.R. 5093, making ap- nification. the procedures established under this sec- propriations for the Department of the (b) CONSIDERATIONS.—In revising the guid- tion, the official designated by the President Interior and related agencies for the ance under subsection (a), the President under that paragraph shall require the State fiscal year ending September 30, 2003, shall consider the following issues: or unit of local government to reimburse the and for other purposes; as follows: (1) Whether to include within the scope of official for the administrative costs incurred the losses or damages indemnification cov- by the Federal Government for such procure- At the appropriate place in the bill insert erage authorized by the guidance issued the following: ment. under subsection (a)(1) economic damages Section 401(e)(4)(B) of Public Law 105–83 is (d) CATALOG OF TECHNOLOGIES AND SERV- amended after (Not more than) by striking not fully covered by private liability insur- ICES.—The official designated by the Presi- ‘‘5 percent’’ and inserting ‘‘15 percent’’. ance. dent under subsection (a) shall produce and (2) Whether an indemnification provision maintain a catalog of anti-terrorism tech- SA 4528. Mr. REID proposed an included in a contract or subcontract under nologies and anti-terrorism services suitable amendment to amendment SA 4472 pro- authority provided under the revised guid- for procurement by States and units of local ance issued under subsection (a) should be government under the procedures established posed by Mr. BYRD to the bill H.R. 5093, negotiated prior to the commencement of pursuant to this subsection. making appropriations for the Depart- the performance of the contract. ment of the Interior and related agen- SEC. 523. DEFINITIONS. (3) To what extent information technology In this subtitle: cies for the fiscal year ending Sep- used to prevent, detect, identify, or other- (1) ANTI-TERRORISM TECHNOLOGY AND SERV- tember 30, 2003, and for other purposes; wise deter acts of terrorism should be cov- ICE.—The terms ‘‘anti-terrorism technology’’ as follows: ered within the scope of the discretionary in- and ‘‘anti-terrorism service’’ mean any prod- On page 2, line 14, strike ‘‘of which’’ and indemnification authority provided under the uct, equipment, or device, including informa- sert ‘‘of which not more than $750,000 shall be revised guidance issued under subsection (a). tion technology, and any service, system in- made available for permitting of geothermal (c) FORM OF GUIDANCE.—The revised guid- tegration, or other kind of service (including energy applications and the processing of ance under subsection (a) may be provided as a support service), respectively, that is re- wind-energy rights-of-way in the State of a revision of Executive Order No. 10789 or lated to technology and is designed, devel- Nevada and $750,000 shall be made available otherwise. oped, modified, or procured for the purpose for hiring additional personnel to perform SEC. 522. PROCUREMENTS BY STATE AND LOCAL of preventing, detecting, identifying, or oth- realty work in the State of Nevada; of GOVERNMENTS THROUGH FEDERAL erwise deterring acts of terrorism. which’’. CONTRACTS. (2) ACT OF TERRORISM.—The term ‘‘act of (a) ESTABLISHMENT OF PROCEDURES.—An of- terrorism’’ means a calculated attack or SA 4529. Mr. BURNS (for Mr. THOM- ficial of the United States designated by the threat of attack against any person, prop- AS) proposed an amendment to amend- President shall establish procedures in accordance with subsection (b) under which erty, or infrastructure to inculcate fear, or ment SA 4472 proposed by Mr. BYRD to to intimidate or coerce a government, the ci- the bill H.R. 5093, making appropria- States and units of local government may procure through contracts entered into by vilian population, or any segment thereof, in tions for the Department of the Inte- the head of an agency of the Federal Govern- the pursuit of political, religious, or ideolog- rior and related agencies for the fiscal ment anti-terrorism technologies and anti- ical objectives. year ending September 30, 2003, and for terrorism services for the purpose of pre- (3) INFORMATION TECHNOLOGY.—The term other purposes; as follows: venting, detecting, identifying, or otherwise ‘‘information technology’’ has the meaning On page 21, line 24, Insert the following deterring acts of terrorism. such term in section 11101(6) of title 40, after the semicolon: ‘‘of which $750,000 is to (b) REQUIRED PROCEDURES.—The procedures United States Code. conduct an independent and comprehensive under subsection (a) shall implement the fol- (4) STATE.—The term ‘‘State’’ includes the management, operational, performance, and lowing requirements and authorities: District of Columbia, the Commonwealth of financial review of Yellowstone National (1) SUBMISSIONS BY STATES.—Each State de- Puerto Rico, the Commonwealth of the Park;’’. siring to participate in a procurement of Northern Mariana Islands, and any territory anti-terrorism technologies or anti-ter- or possession of the United States. SA 4530. Mr. WARNER (for himself rorism services for such purpose through a (5) UNIT OF LOCAL GOVERNMENT.—The term and Mr. THOMPSON) submitted an contract entered into by the head of an agen- ‘‘unit of local government’’ means any city, amendment intended to be proposed to cy of the Federal Government shall submit county, township, town, borough, parish, vil- amendment SA 4471 proposed by Mr. to the designated official, in such form and lage, or other general purpose political sub- manner and at such times as that official division of a State; an Indian tribe which LIEBERMAN to the bill H.R. 5005, to es- prescribes, the following: performs law enforcement functions as de- tablish the Department of Homeland (A) REQUEST.—A request consisting of an termined by the Secretary of the Interior; or Security, and for other purposes; which enumeration of the technologies or services, any agency of the District of Columbia gov- was ordered to lie on the table; as fol- respectively, that are desired by the State ernment or the United States Government lows: and units of local government within the performing law enforcement functions in and On page 211, between lines 9 and 10, insert State. for the District of Columbia or the Trust the following: (B) PAYMENT.—Advance payment for each Territory of the Pacific Islands. Subtitle C—Risk Sharing and Indemnifica- requested technology or service in an SEC. 524. TIME FOR IMPLEMENTATION. tion for Contractors Supplying Anti-Ter- amount determined by the designated offi- The revision of guidance required by sec- rorism Technology and Services cial based on estimated or actual costs of the tion 521, together with the promulgation of SEC. 521. APPLICABILITY OF EXISTING INDEM- technology or service and administrative regulations necessary for the implementa- NIFICATION AUTHORITY. costs incurred by the designated official. tion of the revised guidance, and the promul- (a) REQUIREMENT FOR REVISED GUIDANCE.— (2) PERMITTED CATALOG TECHNOLOGIES AND gation of the procedures, together with the The President shall issue guidance regarding SERVICES.—A State may include in a request production of the catalog of anti-terrorism

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8472 CONGRESSIONAL RECORD — SENATE September 10, 2002 technologies and services, required by sec- Fox, and First Counsel for Intelligence and crew of Flight 39, who, on September 11, tion 522 shall be completed not later than 120 Policy, Department of Justice 1977– 2001, courageously gave their lives thereby days after the date of the enactment of this 1981, and Adjunct Professor of Law, thwarting a planned attack on our Nation’s Act. Georgetown University Law Center, Capital, and for other purposes. There being no objection, the Senate SA 4531. Mr. SCHUMER (for himself Washington, DC; and Dr. Morton Halperin, Director, Open Society Insti- proceeded to consider the bill. and Mrs. CLINTON) submitted an Mr. REID. Mr. President, I ask unan- amendment intended to be proposed by tute-Washington Office, Washington, DC. imous consent that the bill be read him to the bill H.R. 5093, making ap- three times, passed, the motion to re- propriations for the Department of the The PRESIDING OFFICER. Without objection, it so ordered. consider be laid on the table, and that Interior and related agencies for the any statements relating thereto be COMMITTEE ON VETERANS’ AFFAIRS fiscal year ending September 30, 2003, printed in the RECORD as if read, with Mr. REID. Mr. President, I ask unan- and for other purposes; which was or- no intervening action or debate. dered to lie on the table; as follows: imous consent that the Committee on The PRESIDING OFFICER. Without On page 127, between lines 2 and 3, insert Veterans’ Affairs be authorized to meet objection, it is so ordered. the following: during the session of the Senate on The bill (H.R. 3917) was read the third SEC. 3ll. PROHIBITION OF USE OF FUNDS FOR Tuesday, September 10, 2002, for a joint time and passed. OIL OR GAS PERMITTING OR LEAS- hearing with the House of Representa- ING IN THE FINGER LAKES NA- Mr. REID. Mr. President, I ask unan- TIONAL FOREST, NEW YORK. tives’ Committee on Veterans Affairs, imous consent that the Energy Com- None of the funds made available by this to hear the legislative presentation of mittee be discharged from further con- Act may be used to prepare or issue a permit The American Legion. The hearing will sideration of S. 2136, and the Senate or lease for the exploration, development, or take place in room 345 of the Cannon now proceed to its consideration. production of oil or gas in the Finger Lakes House Office Building at 10 a.m. The PRESIDING OFFICER. Without National Forest, New York. The PRESIDING OFFICER. Without objection, it is so ordered. f objection, it is so ordered. The clerk will state the bill by title. AUTHORITY FOR COMMITTEES TO SELECT COMMITTEE ON INTELLIGENCE The legislative clerk read as follows: MEET Mr. REID. Mr. President, I ask unan- A bill (S. 2136) to establish a memorial in imous consent that the Select Com- the State of Pennsylvania to honor the pas- COMMITTEE ON COMMERCE, SCIENCE, AND mittee on Intelligence be authorized to sengers and crew members of Flight 93, who, TRANSPORTATION meet during the session of the Senate on September 11, 2001, gave their lives to pre- Mr. REID. Mr. President, I ask unan- on Tuesday, September 10, 2002, at 2:30 vent a planned attack on the Capitol of the imous consent that the Committee on p.m., to hold a closed hearing on intel- United States. Commerce, Science, and Transpor- ligence matters. There being no objection, the Senate tation be authorized to meet on Sep- The PRESIDING OFFICER. Without proceeded to consider the bill. tember 10, 2002, at 9:30 a.m., on the sta- objection, it is so ordered. Mr. REID. Mr. President, I ask unan- tus of aviation security 1 year after imous consent that the bill be read the September 11. f third time and passed, the motion to The PRESIDING OFFICER. Without PRIVILEGES OF THE FLOOR reconsider be laid upon the table, and objection, it is so ordered. Mr. WELLSTONE. Mr. President, I that any statements thereon be printed COMMITTEE ON FINANCE ask unanimous consent that Bjorn in the RECORD. Mr. REID. Mr. President, I ask unan- Sjue, an intern in my office, be allowed The PRESIDING OFFICER. Without imous consent that the Senate Com- to be on the floor during the duration objection, it is so ordered. mittee on Finance be authorized to of the debate on this amendment. The bill (S. 2136) was passed, as fol- meet during the session of the Senate The ACTING PRESIDENT pro tem- lows: on Tuesday, September 10, 2002, to con- pore. Without objection, it is so or- S. 2136 sider favorably reporting H.R. 5063, the dered. Be it enacted by the Senate and House of Rep- Armed Forces Tax Fairness Act of 2002. Mr. FEINGOLD. Mr. President, I ask resentatives of the United States of America in The PRESIDING OFFICER. Without unanimous consent that Alex Congress assembled, objection, it is so ordered. Busansky, a detailee to my office from SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Flight 93 Na- COMMITTEE ON HEALTH, EDUCATION, LABOR, the Department of Justice, be allowed tional Memorial Act’’. AND PENSIONS privileges of the floor for the duration Mr. REID. Mr. President, I ask unan- SEC. 2. FINDINGS AND PURPOSES. of today’s homeland security measure. (a) FINDINGS.—Congress finds that— imous consent that the Committee on The PRESIDING OFFICER. Without (1) on September 11, 2001, passengers and Health, Education, Labor, and Pen- objection, it is so ordered. crewmembers of United Airlines Flight 93 sions be authorized to meet for a hear- Mr. WELLSTONE. Mr. President, I courageously gave their lives to prevent a ing on ‘‘Successful Implementation of ask unanimous consent that Bob Kerr, planned attack on the Capital of the United Title I: State and Community Perspec- a fellow, be allowed floor privileges States; tives’’ during the session of the Senate during the debate on homeland secu- (2) thousands of people have visited the crash site since September 11, 2001, drawn by on Tuesday, September 10, 2002, at 10 rity. a.m., in SD–430. the heroic action and sacrifice of the pas- The PRESIDING OFFICER. Without sengers and crewmembers aboard Flight 93; The PRESIDING OFFICER. Without objection, it is so ordered. (3) many people in the United States are objection, it is so ordered. f concerned about the future disposition of the COMMITTEE ON THE JUDICIARY crash site, including— Mr. REID. Mr. President, I ask unan- FLIGHT 93 NATIONAL MEMORIAL (A) grieving families of the passengers and imous consent that the Committee on ACT crewmembers; the Judiciary be authorized to meet to Mr. REID. Mr. President, I ask unan- (B) the people of the region where the crash site is located; and conduct a hearing on ‘‘THE USA PA- imous consent that the Energy and (C) citizens throughout the United States; TRIOT Act in Practice: Shedding Light Natural Resources Committee be dis- (4) many of those people are involved in on the FISA Process’’ on Tuesday, Sep- charged from consideration of H.R. 3917 the formation of the Flight 93 Task Force, a tember 10, 2002, in Dirksen Room 226 at and the Senate now proceed to its con- broad, inclusive organization established to 9:30 a.m. sideration. provide a voice for all parties interested in Witness List: Mr. David Kris, Asso- The PRESIDING OFFICER. Without and concerned about the crash site; ciate Deputy Attorney General, De- objection, it is so ordered. (5) the crash site commemorates Flight 93 partment of Justice, Washington, DC; The clerk will report the bill by title. and is a profound symbol of American patriotism and spontaneous leadership by citizens Professor William C. Banks, Professor The assistant legislative clerk read of the United States; of Law, Syracuse University, Syracuse, as follows: (6) a memorial of the crash site should— NY; Mr. Kenneth C. Bass III, Senior A bill (H.R. 3917) to authorize a national (A) recognize the victims of the crash in an Counsel, Sterne, Kessler, Goldstein, memorial to commemorate the passengers appropriate manner; and

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 10, 2002 CONGRESSIONAL RECORD — SENATE S8473 (B) address the interests and concerns of (D) OPEN MEETINGS.—Meetings of the Com- 10TH ANNIVERSARY OF UNITED interested parties; and mission shall be subject to section 552b of STATES RECOGNITION OF BOS- (7) it is appropriate that the crash site of title 5, United States Code. NIA AND HERZEGOVINA Flight 93 be designated as a unit of the Na- (5) QUORUM.—A majority of the members of tional Park System. the Commission shall constitute a quorum. Mr. REID. Mr. President, I ask unan- (b) PURPOSES.—The purposes of this Act (6) CHAIRPERSON.—The Commission shall imous consent that the Senate proceed are— select a Chairperson from among the mem- to the consideration of Calendar No. (1) to establish a memorial to honor the bers of the Commission. 538, S. Res. 309. passengers and crewmembers aboard United (7) DUTIES.—The Commission shall— The PRESIDING OFFICER. Without Airlines Flight 93 on September 11, 2001; (A) not later than 3 years after the date of objection, it is so ordered. enactment of this Act, submit to the Sec- (2) to establish the Flight 93 Advisory The clerk will state the resolution by Commission to assist in the formulation of retary and Congress a report that contains plans for the memorial, including the nature, recommendations for the planning, design, title. design, and construction of the memorial; construction, and long-term management of The legislative clerk read as follows: and the memorial; A resolution (S. Res. 309) expressing the (3) to authorize the Secretary of the Inte- (B) advise the Secretary on— sense of the Senate that Bosnia and rior to administer the memorial, coordinate (i) the boundaries of the memorial; and Herzegovina should be congratulated on the and facilitate the activities of the Flight 93 (ii) the development of a management plan 10th anniversary of its recognition by the Advisory Commission, and provide technical for the memorial; United States. and financial assistance to the Flight 93 (C) consult with the Task Force, the State There being no objection, the Senate Task Force. of Pennsylvania, and other interested par- proceeded to consider the resolution, SEC. 3. DEFINITIONS. ties, as appropriate; (D) support the efforts of the Task Force; which had been reported from the Com- In this Act: and mittee on Foreign Relations without (1) COMMISSION.—The term ‘‘Commission’’ (E) involve the public in the planning and an amendment and with an amendment means the Flight 93 Advisory Commission design of the memorial. established by section (4)(b). to the preamble. (8) POWERS.—The Commission may— (2) CRASH SITE.—The term ‘‘crash site’’ [Insert the part printed in italic.] (A) make expenditures for services and ma- means the site in Stonycreek Township, S. RES. 309 terials appropriate to carry out the purposes Somerset County, Pennsylvania, where of this section; Whereas the United States reaffirms its United Airlines Flight 93 crashed on Sep- (B) accept donations for use in carrying support for the sovereignty, legal continuity, tember 11, 2001. out this section and for other expenses asso- and territorial integrity of Bosnia and (3) MEMORIAL.—The term ‘‘Memorial’’ ciated with the memorial, including the con- Herzegovina within its internationally rec- means the memorial to the passengers and struction of the memorial; ognized borders and also reaffirms its sup- crewmembers of United Airlines Flight 93 es- (C) hold hearings and enter into contracts, port for the equality of the three constituent tablished by section 4(a). including contracts for personal services; peoples and others in Bosnia and (4) PASSENGER OR CREWMEMBER.— (D) by a vote of the majority of the Com- Herzegovina in a united multiethnic coun- (A) IN GENERAL.—The term ‘‘passenger or mission, delegate any duties that the Com- try, according to the General Framework crewmember’’ means a passenger or crew- mission determines to be appropriate to em- Agreement for Peace in Bosnia and member aboard United Airlines Flight 93 on ployees of the National Park Service; and Herzegovina; September 11, 2001. (E) conduct any other activities necessary Whereas, during the 10 years since its rec- (B) EXCLUSIONS.—The term ‘‘passenger or to carry out this Act. ognition, Bosnia and Herzegovina has made crewmember’’ does not include a terrorist (9) COMPENSATION.—A member of the Com- significant progress in overcoming the leg- aboard United Airlines Flight 93 on Sep- mission shall serve without compensation, acy of the internecine conflict of 1992–1995 in- tember 11, 2001. but may be reimbursed for expenses incurred stigated by ultranationalist forces hostile to (5) SECRETARY.—The term ‘‘Secretary’’ in carrying out the duties of the Commis- a multiethnic society, and has persevered in means the Secretary of the Interior. sion. building a multiethnic democracy based on (6) TASK FORCE.—The term ‘‘Task Force’’ (10) TERMINATION.—The Commission shall the rule of law, respect for human rights, means the Flight 93 Task Force. terminate on the dedication of the memo- and a free market economy, as shown by the SEC. 4. MEMORIAL TO HONOR THE PASSENGERS rial. results of the elections held in November AND CREWMEMBERS OF FLIGHT 93. (c) DUTIES OF THE SECRETARY.—The Sec- 2000; (a) ESTABLISHMENT.—There is established retary shall— Whereas most citizens and the national au- as a unit of the National Park System a me- (1) administer the memorial as a unit of thorities of Bosnia and Herzegovina share morial at the crash site to honor the pas- the National Park Service in accordance the democratic values of the international sengers and crewmembers of Flight 93. with— community and feel the responsibility to up- (b) ADVISORY COMMISSION.— (A) this Act; and hold them; (1) ESTABLISHMENT.—There is established a (B) the laws generally applicable to units Whereas the Government of Bosnia and commission to be known as the ‘‘Flight 93 of the National Park System; Herzegovina is committed to international Advisory Commission’’. (2) provide advice to the Commission on security and democratic stability and in that (2) MEMBERSHIP.—The Commission shall be the collection, storage, and archiving of in- spirit has begun discussions to initiate the composed of— formation and materials relating to the process of qualifying for membership in the (A) the Director of the National Park Serv- crash or the crash site; Partnership for Peace; and ice; and (3) consult with and assist the Commission Whereas, after the attacks of September (B) 14 members, appointed by the Sec- in— 11, 2001 on the United States, Bosnia and retary, from among persons recommended by (A) providing information to the public; Herzegovina, as a reliable friend of the the Task Force. (B) interpreting any information relating United States, immediately positioned itself (3) TERM; VACANCIES.— to the crash or the crash site; within the anti-terrorism coalition of na- (A) TERM.—A member of the Commission (C) conducting oral history interviews; and tions, sharing the common interests and val- shall be appointed for the life of the Commis- (D) conducting public meetings and fo- ues of the free and democratic world: Now, sion. rums; therefore, be it (B) VACANCIES.—A vacancy on the Commis- (4) participate in the development of plans Resolved, That the Senate— sion— for the design and construction of the memo- (1) commends Bosnia and Herzegovina for (i) shall not affect the powers of the Com- rial; the significant progress it has made during mission; and (5) provide to the Commission— the past decade on the implementation of (ii) shall be filled in the same manner as (A) assistance in designing and managing the Dayton Peace Agreement and on the im- the original appointment was made. exhibits, collections, or activities at the me- plementation of the Constituent Peoples’ De- (4) MEETINGS.— morial; cision of the Constitutional Court of Bosnia (A) IN GENERAL.—The Commission shall (B) project management assistance for de- and Herzegovina; meet at the call of the Chairperson or a ma- sign and construction activities; and (2) applauds the democratic orientation of jority of the members. (C) staff and other forms of administrative Bosnia and Herzegovina and urges the fur- (B) FREQUENCY.—The Commission shall support; ther strengthening by its government and meet not less than quarterly. (6) acquire from willing sellers the land or people of respect for human rights, of the (C) NOTICE.—Notice of meetings and the interests in land for the memorial by dona- rule of law, and of its free market economy; agenda for the meetings shall be published tion, purchase with donated or appropriated (3) urges Bosnia and Herzegovina as rapidly in— funds, or exchange; and as possible to make fully operational all na- (i) newspapers in and around Somerset (7) provide the Commission any other as- tional institutions and state-level govern- County, Pennsylvania; and sistance that the Commission may require to mental bodies mandated by the Dayton (ii) the Federal Register. carry out this Act. Peace Agreement;

VerDate Mar 15 2010 20:26 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2002SENATE\S10SE2.REC S10SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8474 CONGRESSIONAL RECORD — SENATE September 10, 2002 (4) welcomes and supports the aspiration of ORDERS FOR WEDNESDAY, NOMINATIONS Bosnia and Herzegovina to become a member SEPTEMBER 11, 2002 of the Partnership for Peace and, pursuant Executive nominations received by Mr. REID. Mr. President, I ask unan- thereto, underscores the importance of cre- the Senate September 10, 2002: ating a joint military command as soon as imous consent that when the Senate possible; completes its business tonight, it stand DEPARTMENT OF JUSTICE (5) urges the Government of Bosnia and in adjournment until 11 a.m., Wednes- GLENN T. SUDDABY, OF NEW YORK, TO BE UNITED Herzegovina to accelerate the return of refu- day, September 11; that following the STATES ATTORNEY FOR THE NORTHERN DISTRICT OF gees and displaced persons and to intensify prayer and the pledge, the morning NEW YORK FOR THE TERM OF FOUR YEARS, VICE DANIEL J. FRENCH, RESIGNED. its cooperation with the International Crimi- hour be deemed to have expired, the nal Tribunal for the former Yugoslavia at Journal of proceedings be approved to OCCUPATIONAL SAFETY AND HEALTH REVIEW The Hague, in particular with regard to sur- date, and the time for the two leaders COMMISSION rendering to the Court individuals indicted for war crimes; be reserved for their use later in the JAMES M. STEPHENS, OF VIRGINIA, TO BE A MEMBER day, and the Senate be in a period of OF THE OCCUPATIONAL SAFETY AND HEALTH REVIEW (6) reaffirms the importance for the future COMMISSION FOR A TERM EXPIRING APRIL 27, 2005, VICE of Bosnia and Herzegovina of that country’s morning business, with Senators per- ROSS EDWARD EISENBREY. participation in the European integration mitted to speak therein for up to 10 process and, in that context, welcomes the minutes each; further, that the Repub- IN THE COAST GUARD notable improvement in mutual cooperation lican leader be recognized at 11:40 a.m. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT among the successor states of the former TO THE GRADE INDICATED IN THE UNITED STATES for 10 minutes, and the majority leader COAST GUARD UNDER TITLE 14, U.S.C., SECTION 211: Yugoslavia and the strengthening of co- be recognized at 11:50 a.m. for 10 min- operation within the region as a whole, de- utes; that at 12 noon, there be a mo- To be rear admiral lower half velopments which are essential for long-last- ment of silence in recognition of the STEPHEN W. ROCHON, 0000 ing peace and stability in Southeastern Eu- events of September 11, 2001. rope; and IN THE ARMY (7) recognizes the important role of the The PRESIDING OFFICER. Without objection, it is so ordered. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Bosnian-Herzegovinian-American commu- IN THE UNITED STATES ARMY TO THE GRADE INDICATED nity in the further improving of bilateral re- f WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: lations between the United States and Bos- PROGRAM nia and Herzegovina. To be lieutenant general Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, there will imous consent that the resolution be be no rollcall votes tomorrow. The next MAJ. GEN. ROBERT T. CLARK, 0000 agreed to, the amendment to the pre- rollcall vote is expected to occur THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- amble be agreed to, the preamble, as Thursday morning. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER amended, be agreed to, the motion to f TITLE 10, U.S.C., SECTION 12203: reconsider be laid upon the table, and ADJOURNMENT UNTIL 11 A.M. To be brigadier general that any statements be printed in the TOMORROW RECORD. COL. CLARENCE M. AGENA, 0000 The PRESIDING OFFICER. Without Mr. REID. Mr. President, if there is IN THE MARINE CORPS no further business to come before the objection, it is so ordered. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The resolution (S. Res. 309) was Senate, I ask unanimous consent that AS COMMANDANT OF THE MARINE CORPS, AND APPOINT- agreed to. the Senate stand in adjournment under MENT TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER The amendment to the preamble was the previous order. TITLE 10, U.S.C., SECTIONS 5043 AND 601: agreed to. There being no objection, the Senate, The preamble, as amended, was at 6:57 p.m., adjourned until Wednes- To be general agreed to. day, September 11, at 11 a.m. LT. GEN. MICHAEL W. HAGEE, 0000

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LIEUTENANT BILLY JILES as numbness in the limbs, or severe, such as MAGEE RIETER HONORED FOR paralysis or loss of vision. Most people with 10TH YEAR IN A ROW HON. BOB BARR MS are diagnosed between the ages of 20 OF GEORGIA and 40, but the unpredictable physical and HON. PAUL E. KANJORSKI IN THE HOUSE OF REPRESENTATIVES emotional effects can be lifelong. The OF PENNSYLVANIA Tuesday, September 10, 2002 progress, severity and specific symptoms of IN THE HOUSE OF REPRESENTATIVES MS in any one person cannot yet be pre- Mr. BARR of Georgia. Mr. Speaker, I rise Tuesday, September 10, 2002 dicted, but advances in research and treat- today to honor a true American hero. As vio- Mr. KANJORSKI. Mr. Speaker, I rise today ment are giving hope to those affected by the lent crime rips through America’s homes and to call the attention of the House of Rep- neighborhoods, leaving ruined lives in their disease. resentatives to the continuing outstanding wake, a group of brave men and women fight This hope comes in the form of increased achievement of the employees of Magee this scourge. These men and women are our funding for research into the causes of MS, Rieter Automotive Systems of Bloomsburg, law enforcement professionals. the development of new treatments, and the Pennsylvania, which has won General Motors’ Lt. Billy Jiles of the Carroll County Sheriff possibilities of a cure. Since the chapter was prestigious ‘‘Supplier of the Year Award‘‘ for Department was one such man. Every day he founded nearly 25 years ago, The Delaware the tenth consecutive year. risked his life to keep our community safe. He Chapter has been instrumental in raising funds Of GM’s 30,000 suppliers, Magee Rieter was willing to pay the ultimate price for this through events such as the MS 150 Bike to Automotive Systems is the only ten-time win- battle, as he did on September 3, 2002. Going ner in North America. This is truly a tremen- the Bay and the Delaware MS walk, which about his daily duties, Lt. Jiles responded to a dous achievement and one of which the com- routine 911 arson call at the residential home. combined raised nearly $1.25 million in the pany and all of its employees should be As the arsonist fled the scene he was con- past two years. And over its 25 year exist- proud. fronted by Lt. Jiles, the criminal then murdered ence, the Delaware Chapter of the National Magee Rieter, the leading supplier of car- Lt. Jiles. MS Society has raised over $16.8 million for pets to General Motors in America, will cele- As a result of this crime, Lt. Billy Jiles has local and National MS research projects and brate this accomplishment on September 10, left behind a wife and two young children. estimates its 2002 totals to reach nearly $2 2002. The company has been in business in While nothing can ease the pain for Lt. Jiles’ million. Bloomsburg since 1889 and has been sup- family and friends, we are able to take some These astounding numbers exemplify the plying General Motors for more than 90 years, comfort in knowing his sacrifice saved the first with hand-draped tapestries of Fisher dedication and hard work that have been the lives of so many others. Body carriages, through today’s production of I commend the dedication and selflessness hallmark of volunteerism in the State of Dela- fully molded carpet floors and integrated of Lt. Jiles, a 20-year veteran of the Carroll ware. Without the more than 1,000 volunteers acoustical systems. County Sheriff’s Department. I hope his life and over 3,000 event participants, the mission Through the past 113 years, the company and legacy will serve as an incentive for all to of the National MS Society, ending the dev- has endured and overcome numerous chal- continue to fight the war against crime in astating effects of multiple sclerosis, would be lenges, including floods, fires and the rapidly America. that much farther away. Delaware volunteers, changing business environment. The company f like Bianca Fraser, who this year alone raised received the Army/Navy ‘‘E’’ Award for Excel- over $45,000 in the MS walk for the Delaware lence after World War II in recognition of its IN HONOR OF THE OUTSTANDING Chapter, and will be inducted into the National production of high-quality materials for the war SERVICE PROVIDED BY THE effort. DELAWARE CHAPTER OF THE MS Society National Fund-raising Hall of Fame, have proven themselves to be some of As demonstrated by the more recent NATIONAL MULTIPLE SCLEROSIS awards, the current employees have carried the best in the Nation—a fact that many of us SOCIETY on the tradition of pride and success handed in Delaware have known for quite some time down by their parents, grandparents and HON. MICHAEL N. CASTLE now. great-grandparents who worked at Magee OF DELAWARE The Delaware Chapter also developed and Rieter. Under the leadership of President and IN THE HOUSE OF REPRESENTATIVES maintains many beneficial programs for those Chief Executive Officer Mike Katerman, Magee Rieter continues to be a cornerstone of Tuesday, September 10, 2002 living with MS and their families, including self- help groups, peer support systems, and coun- the Bloomsburg community. Mr. CASTLE. Mr. Speaker, during my serv- seling services. Through its educational pro- Mr. Speaker, I am pleased to call to the at- ice as a Member of the House of Representa- grams, Moving Forward; Information Semi- tention of the House of Representatives the tives, it has been my honor and privilege to hard work and impressive achievement of the nars; and Knowledge is Power, and through rise and pay tribute to organizations and peo- people of Magee Rieter, and I wish them all its Lending Library, the Delaware Chapter has ple who really make a difference in the Dela- the best. become the premier source of information for ware community. Today, I rise to recognize f the Delaware Chapter of the National Multiple Delawareans seeking to better understand this Sclerosis Society and its over 1,000 dedicated potentially debilitating disease, its causes and INDIAN PRIME MINISTER TO volunteers. symptoms, available treatments and break- SPEAK TO UNITED NATIONS— The Delaware Chapter of the National Mul- throughs in research, and most importantly, U.N. SHOULD PRESS HIM ON tiple Sclerosis (MS) Society has been serving the Chapter offers individuals the solace that HUMAN RIGHTS, TERRORISM Delawareans coping with MS for over 25 they are not alone and that there are those years. The information, support, and funding who are dedicated to finding a cure. HON. DAN BURTON the Delaware Chapter provides is paramount The Delaware Chapter of the National Mul- OF INDIANA in the fight to find a cure for this devastating IN THE HOUSE OF REPRESENTATIVES disease currently afflicting over 1,100 people tiple Sclerosis Society and its volunteers have in Delaware, and over one-third of a million shown themselves to be exemplary models of Tuesday, September 10, 2002 people across the Nation. dedication and caring within the Delaware Mr. BURTON of Indiana. Mr. Speaker, on As many of my Colleagues may know, MS community. I commend them for their quarter September 13, the Prime Minister of India, is a chronic, often disabling disease of the century of service and continued efforts in im- Atal Bihari Vajpayee, will speak to the United nervous system. Symptoms may be mild, such proving the lives of their fellow Delawareans. Nations in New York. There are several issues

∑ 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 Sep<04>2002 05:09 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A10SE8.000 E10PT1 E1536 CONGRESSIONAL RECORD — Extensions of Remarks September 10, 2002 that should be brought up while Mr. Vajpayee condemned the murders. ‘‘What motive ABOLISHING THE FEDERAL is there. would Kashmiri freedom fighters have to kill RESERVE I am sure that Prime Minister Vajpayee will Sikhs? This would be especially stupid when denounce terrorism. India claims to be demo- President Clinton is visiting. The freedom movements in Kashmir, Khalistan, HON. RON PAUL cratic, after all. But India continues to sponsor Nagaland, and throughout India need the OF TEXAS cross-border terrorism in the Pakistani prov- support of the United States,’’ he said. IN THE HOUSE OF REPRESENTATIVES ince of Sindh, according to the Washington Khalistan is the Sikh homeland declared Tuesday, September 10, 2002 Times. It continues to engage in terrorist activ- independent on October 7, 1987. Mr. PAUL. Mr. Speaker, I rise to introduce ity against the minorities within its own bor- The massacres continued a pattern of re- ders. Recently, India admitted that its troops legislation to restore financial stability to Amer- pression and terrorism against minorities by ica’s economy by abolishing the Federal Re- were responsible for the massacre of 35 Sikhs the Indian government, which it attempts to in the village of Chithisinghpora in March serve. I also ask unanimous consent to insert blame on other minorities to divide and rule the attached article by Lew Rockwell, presi- 2000. The Council of Khalistan issued an ex- the minority peoples within its artificial cellent press release on this, which I will intro- borders. In November 1994, the Indian news- dent of the Ludwig Von Mises Institute, which duce later. In November 1994, the Indian paper Hitavada reported that the Indian gov- explains the benefits of abolishing the Fed and newspaper Hitavada reported that the late ernment paid the late governor of Punjab, restoring the gold standard, into the RECORD. Since the creation of the Federal Reserve, governor of Punjab, Surendra Nath, was paid Surendra Nath, $1.5 billion to organize and middle and working-class Americans have $1.5 billion by the Indian government to fo- support covert terrorist activity in Punjab, Khalistan, and in neighboring Kashmir. The been victimized by a boom-and-bust monetary ment terrorism in Punjab and Kashmir. The book Soft Target, written by Canadian jour- policy. In addition, most Americans have suf- book Soft Target alleged that India blew up its nalists Brian McAndrew and Zuhair fered a steadily eroding purchasing power be- own airliner in 1985 to blame Sikhs and justify Kashmeri, shows that the Indian government cause of the Federal Reserve’s inflationary further repression. These are just a few exam- blew up its own airliner in 1985 to blame policies. This represents a real, if hidden, tax ples. Sikhs and justify further repression. It imposed on the American people. India continues to practice repression quotes an agent of the Canadian Security In- From the Great Depression, to the stagfla- against its minorities. Its ongoing repression of vestigation Service (CSIS) as saying, ‘‘If you tion of the seventies, to the burst of the really want to clear up the incidents quick- Christians is well-documented. Recently, The dotcom bubble last year, every economic Hindu reported that the death toll for this ly, take vans down to the Indian High Com- mission and the consulates in Toronto and downturn suffered by the country over the last spring’s violence in Gujarat is as high as 80 years can be traced to Federal Reserve 5,000. That is more people than were killed in Vancouver. We know it and they know it that they are involved.’’ On January 2, the policy. The Fed has followed a consistent pol- the World Trade Center attack. The news- Washington Times reported that India spon- icy of flooding the economy with easy money, paper also reported that police officers were sors cross-border terrorism in the Pakistani leading to a misallocation of resources and an ordered not to intervene to stop the violence, province of Sindh. artificial ‘‘boom’’ followed by a recession or de- in a scary echo of the Delhi massacre of Sikhs A report issued last year by the Movement pression when the Fed-created bubble bursts. in 1984. Recently, in Malout, a peaceful dem- Against State Repression (MASR) shows With a stable currency, American exporters onstration of Sikh activists was fired upon by that India admitted that it held 51,268 polit- will no longer be held hostage to an erratic Indian police. In 1997, police gunfire broke up ical prisoners under the repressive ‘‘Ter- monetary policy. Stabilizing the currency will a Christian religious festival. The pattern con- rorist and Disruptive Activities Act’’ also give Americans new incentives to save as tinues. (TADA) even though it expired in 1995. Many they will no longer have to fear inflation erod- America cannot and must not permit this to have been in illegal custody since 1984. There ing their savings. Those members concerned go unchallenged. When Prime Minister has been no list published of those who were about increasing America’s exports or the low Vajpayee is in the country, he must be acquitted under TADA and those who are rate of savings should be enthusiastic sup- pressed on the issues of terrorism, democ- still rotting in Indian jails. Additionally, ac- porters of this legislation. racy, and human rights. We should halt aid to cording to Amnesty International, there are Though the Federal Reserve policy harms tens of thousands of other minorities being the average American, it benefits those in a India until it corrects these patterns of behav- held as political prisoners. On February 28, ior, and we should support self-determination 42 Members of the U.S. Congress from both position to take advantage of the cycles in for all of the 17 freedom movements within In- parties wrote to President Bush to urge him monetary policy. The main beneficiaries are dia’s borders. These measures will help to end to work for the release of Sikh political pris- those who receive access to artificially inflated terrorism in South Asia and promote real de- oners. The MASR report quotes the Pubjab money and/or credit before the inflationary ef- mocracy and stability there. Mr. Speaker, I Civil Magistracy as writing ‘‘if we add up the fects of the policy impact the entire economy. would like to place the Council of Khalistan’s figures of the last few years the number of Federal Reserve policies also benefit big press release on India’s admission that it was innocent persons killed would run into lakhs spending politicians who use the inflated cur- responsible for the Chithisinghpora massacre [hundreds of thousands].’’ rency created by the Fed to hide the true into the RECORD at this time. Indian security forces have murdered over costs of the welfare-warfare state. It is time for 250,000 Sikhs since 1984, according to figures Congress to put the interests of the American INDIAN GOVERNMENT ADMITS ITS RESPONSI- compiled by the Punjab State Magistracy BILITY FOR MASSACRE IN CHITHISINGHPORA— people ahead of the special interests and their and human-rights organizations. These fig- EVIDENCE A FRAUD, INDIAN SOLDIERS IMPLI- own appetite for big government. ures were published in the book The Politics CATED Abolishing the Federal Reserve will allow of Genocide by Inderjit Singh Jaijee. India WASHINGTON, DC, AUG. 2, 2002.—According Congress to reassert its constitutional author- has also killed over 200,000 Christians in ity over monetary policy. The United States to today’s Washington Times, the Indian Nagaland since 1947, over 80,000 Kashmiris Constitution grants to Congress the authority government has admitted that its forces since 1988, and tens of thousands of other mi- were responsible for the massacre of 35 Sikhs norities. Christians have been victims of a to coin money and regulate the value of the in the village of Chithisinghpora, Kashmir campaign of terror that has been going on currency. The Constitution does not give Con- on March 20, 2000. India finally admitted that since Christmas 1998. Churches have been gress the authority to delegate control over the evidence it used to implicate alleged burned, Christian schools and prayer halls monetary policy to a central bank. Further- Kashmiri ‘‘militants’’ in the murders was have been attacked, nuns have been raped, more, the Constitution certainly does not em- faked. and priests have been killed. Missionary This is a victory for Sikhs, including the power the Federal Government to erode Graham Staines and his two sons were Council of Khalistan, who have maintained Americans’ living standard via an inflationary burned alive while they slept in their jeep by that the Indian government is responsible monetary policy. militant Hindu members of the RSS, the par- for this atrocity. However, it is only after In- In fact, Congress’ constitutional mandate re- ent organization of the ruling BJP. dia’s case against the alleged ‘‘militants’’ garding monetary policy should only permit was exposed that it took responsibility. ‘‘It is good that India has finally admitted currency backed by stable commodities such The massacre was timed to occur at the its responsibility for the massacre at as silver and gold to be used as legal tender. time of former President Clinton’s visit to Chithisinghpora,’’ Dr. Aulakh said. ‘‘Now I Therefore, abolishing the Federal Reserve and India. Recent attacks on minorities also urge the U.S. government to place sanctions blamed on alleged ‘‘militants’’, took place on India as a country and practices and pro- returning to a constitutional system will enable just before Secretary of State Colin Powell motes terrorism. The Chithisinghpora mas- America to return to the type of monetary sys- visited. At the time of the Chithisinghpora sacre proves that India is not a democracy, tem envisioned by our Nation’s founders: one massacre, Dr. Gurmit Singh Aulakh, Presi- but a repressive, terrorist state which mur- where the value of money is consistent be- dent of the Council of Khalistan, strongly ders it minorities.’’ cause it is tied to a commodity such as gold.

VerDate Sep<04>2002 05:09 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A10SE8.004 E10PT1 September 10, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1537 Such a monetary system is the basis of a true Because they regarded it as too inflexible. To We don’t have that system now for the free-market economy. be sure, monetary inflexibility is the friend country or the world, but individuals are In conclusion, Mr. Speaker, I urge my col- of free markets. Without the ability to cre- showing their preferences once again. By leagues to stand up for working Americans by ate money out of nothing, governments tend driving up the price of gold, prompting gold putting an end to the manipulation of the to run tight financial ships. Banks are more producers to become profitable again, the careful about the lending when they can’t people are expressing their lack of con- money supply which erodes Americans’ stand- rely on a lender of last resort with access to fidence in their leaders. They have decided ard of living, enlarges big government, and en- a money-creation machine like the Fed. to protect themselves and not trust the riches well-connected elites, by cosponsoring A fixed money stock means that overall state. That is the hidden message behind the my legislation to abolish the Federal Reserve. prices are generally more stable. The prob- new luster of gold. lems of inflation and business cycles dis- Is a gold standard feasible again? Of WHY GOLD? appear entirely. Under the gold standard, in course. The dollar could be redefined in (By Llewellyn H. Rockwell, Jr.) fact, increased market productivity causes terms of gold. Interest rates would reflect As with all matters of investment, every- prices to generally decline over time as the the real supply and demand for credit. We thing is clear in hindsight. Had you bought purchasing power of money increases. could shut down the Fed and we would never gold mutual funds earlier this year, they In 1967, Alan Greenspan once wrote an arti- need to worry again what the chairman of might have appreciated more than 100 per- cle called Gold and Economic Freedom. He the Fed wanted. There was a time when cent. Gold has risen $60 since March 2001 to wrote that: Greenspan was nostalgic for such a system. the latest spot price of $326. ‘‘An almost hysterical antagonism toward Investors of the world have come to embrace Why wasn’t it obvious? The Fed has been the gold standard is one issue which unites this view even as Greenspan has completely inflating the dollar as never before, driving statists of all persuasions. They seem to abandoned it. interest rates down to absurdly low levels, sense—perhaps more clearly and subtly than What keeps the gold standard from becom- even as the federal government has been many consistent defenders of laissez-faire— ing a reality again is the love of big govern- pushing a mercantile trade policy, and New that gold and economic freedom are insepa- ment and war. If we ever fall in love with York City, the hub of the world economy, rable, that the gold standard is an instru- freedom again, the gold standard will once continues to be threatened by terrorism. The ment of laissez-faire and that each implies more become a hot issue in public debate. government is failing to prevent more suc- and requires the other. . . . This is the shab- cessful attacks by not backing down from by secret of the welfare statists’ tirades f foreign policy disasters and by not allowing against gold. Deficit spending is simply a IN RECOGNITION OF JOHN J. planes to arm themselves. scheme for the confiscation of wealth. Gold These are all conditions that make gold BIONDI stands in the way of this insidious process. It particularly attractive. Or perhaps it is not so obvious why this is stands as a protector of property rights.’’ He was right. Gold and freedom go to- true. It’s been three decades since the dol- HON. MARGE ROUKEMA gether. Gold money is both the result of free- lar’s tie to gold was completely severed, to OF NEW JERSEY dom and its leading protector. When money the hosannas of mainstream economists. IN THE HOUSE OF REPRESENTATIVES is as good as gold, the government cannot There is no stash of gold held by the Fed or Tuesday, September 10, 2002 the Treasury that backs our currency sys- manipulate the supply for its own purposes. tem. The government owns gold but not as a Just as the rule of law puts limits on the des- Mrs. ROUKEMA. Mr. Speaker, I rise today monetary asset. It owns it the same way it potic use of police power, a gold standard to recognize and congratulate an outstanding owns national parks and fighter planes. It’s puts extreme limits on the government’s ability to spend, borrow, and otherwise cre- member of our community and northern New just another asset the government keeps to Jersey—John J. Biondi, who at the end of this itself. ate crazy unworkable programs. It is forced The dollar, and all our money, is nothing to raise its revenue through taxation, not in- month will conclude more than thirty years of more and nothing less than what it looks flation, and generally keep its house in service to the New Jersey Education Associa- like: a cut piece of linen paper with fancy order. tion, and four decades of contribution to the printing on it. You can exchange it for other Without the gold standard, government is students and education community of northern currency at a fixed rate and for any good or free to work with the Fed to inflate the cur- New Jersey. service at a flexible rate. But there is no es- rency without limit. Even in our own times, As a former teacher myself, I take especial we’ve seen governments do that and thereby tablished exchange rate between the dollar pleasure in congratulating John on the occa- and gold, either at home or internationally. spread mass misery. The supply of money is not limited by the Now, all governments are stupid but not sion of his retirement, and applauding him for amount of gold. Gold is just another good for all are so stupid as to pull stunts like this. his valuable leadership in and contribution to which the dollar can be exchanged, and in Most of the time, governments are pleased to the NJEA and Bergen County’s education that sense is legally no different from a gal- inflate their currencies so long as they don’t community. John is an outstanding example of lon of milk, a tank of gas, or an hour of have to pay the price in the form of mass the type of person who makes Bergen County, babysitting services. bankruptcies, falling exchange rates, and in- our State, and our Nation such a wonderful flation. Why, then, do people turn to gold in times place. He exemplifies the American values like these? What is gold used for? Yes, there In the real world, of course, there is a lag are industrial uses and there are consumer time between cause and effect. The Fed has that have made our country great. uses in jewelry and the like. But recessions been inflating the currency at very high lev- During the course of his distinguished ca- and inflations don’t cause people to want to els for longer than a year. The consequences reer, John’s contribution to education in New wear more jewelry or stock up on industrial of this disastrous policy are showing up only Jersey has been as both a dedicated teacher metal. The investor demand ultimately re- recently in the form of a falling dollar and and a dogged advocate for issues central to flects consumer demand for gold. But that higher gold prices. And so what does the Fed education. still leaves us with the question of why the do? It is pulling back now. For the first time Educated at Newark’s Barringer High in nearly ten years, some measures of money consumer demand exists in the first place. School, John earned his bachelor’s degree Why gold and not sugar or wheat or some- (M2 and MZM) are showing a falling money thing else? stock, which is likely to prompt a second dip from Rutgers University in 1964, majoring in There is no getting away from it: investor in the continuing recession. history and science. In the years following his markets have memories of the days when Greenspan now finds himself on the horns graduation, John brought science alive to the gold was money. In fact, in the whole history of a very serious dilemma. If he continues to students in New Jersey, first as a science of civilization, gold has served as the basic pull back on money, the economy could tip teacher at Belleville Junior High School, and money of all people wherever it’s been avail- into a serious recession. This is especially a later as a teacher of chemistry and biology at able. Other precious metals have been valued danger given rising protectionism, which Lakewood High School. John’s graduate work mirrors the events of the early 1930s. On the and coined, but gold always emerged on top in personnel and guidance came at Fairleigh in the great competition for what con- other hand, a continuation of the loose pol- stitutes the most valuable commodity of all. icy he has pursued for a year endangers the Dickinson University and my own alma mater, There is nothing intrinsic about gold that value of the dollar overseas. Montclair State College. makes it money. It has certain properties How much easier matters were when we In 1969, John began what would become a that lend itself to monetary use, like port- didn’t have to rely on the wisdom of exalted lifelong career of advocacy for education ability, divisibility, scarcity, durability, and monetary central planners like Greenspan. issues as Vice President of the Lakewood uniformity. But these are just descriptors of Under the gold standard, the supply of Education Association. The following year, money regulated itself. The government certain qualities of the metal, not expla- John served as President of the LEA and the nations as to why it became money. Gold be- kept within limits. Banks were more cau- came money for only one reason: because tious. Savings were high because credit was chairman of its negotiation committee. At the that’s what the markets chose. tight and saving was rewarded. This ap- county level, John was a representative to the Why isn’t gold money now? Because gov- proach to economics is the foundation of a Ocean County Council of Education Associa- ernments destroyed the gold standard. Why? sustainable prosperity. tions.

VerDate Sep<04>2002 05:09 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A10SE8.006 E10PT1 E1538 CONGRESSIONAL RECORD — Extensions of Remarks September 10, 2002 For the past thirty-one years, John has [From the Eulogy for Johnnie Roseboro] Between tales of the Glory Days, life in- served New Jersey’s education community as ‘‘A MAN IS KNOWN BY THE SILENCE HE KEEPS’’ sights and off-colored jokes, they would dis- a UniServe Representative for the New Jersey (By Oliver Herford) cover—as we already had—a man of infinite, yet simplistic, wisdom blended with an un- Education Association. As a vital member of Some men walk through life making all a derstated hilarity. He was the anti-thesis of the NJEA’s staff, John’s career has been char- big ado. Puffing up their chests when remi- the ‘‘dumb jock.’’ A voracious reader, he acterized by unswerving dedication, profes- niscing on unremarkable past accomplish- would complete several books a month. In sionalism, and enthusiasm for educating both ments and feats. Opening wide their mouths his later years, he took countless adult edu- NJEA members and New Jersey’s elected to expel dubious wisdom and conspiracies, cation courses, honed his considerable cul- tendering words upon words upon words, but leaders. John’s resourcefulness, creativity, and inary talents and taught himself to use his no meat. new computer to surf the internet. integrity mark him a role model for his col- But other men forgo words and express leagues and, indeed, for us all. Although John was undeniably great on their abilities in deed. They do so simply, the ball field, his greatest accomplishments In recognition of all that John has given, the without fuss nor fanfare, dancing nor pranc- lie in his legacy off the field. He was gen- education community of Bergen County has ing. They just step up to the plate, eye the erous in his purchases for loved ones, but his proclaimed September 29, 2002 as ‘‘John ball and swing. Sometimes, the ball grazes best gifts were always of the non-monetary Biondi Day.’’ John’s justified pride in this proc- the tree tips and is going . . . going . . . persuasion: unparalleled insight, laughs, gone, or it may foul backward into the lamation is shared by his wife Marilyn, his great stories and lots of love. Any time spent stands. Regardless. For these few exceptional with him was guaranteed to be an unforget- three sons, John Jr., Andrew, and Tom, and men, each gesture—win or lose—is always his grandchildren, Christopher and Joseph. table treat and its own reward. authentic and with the full weight of their In short, John Roseboro was one of the Mr. Speaker, I ask my colleagues in the being, forcing witnesses to pause, slack- best—and easiest—men you’d ever befriend. House of Representatives to join me in con- jawed, in awe-inspired amazement. He was a loving husband, father, brother, gratulating John Biondi on his retirement, and There is little wonder into which camp son, uncle and friend. His life force beats commending him for his tremendous dedica- John Roseboro fell. Ask anyone to describe strongly in the hearts of all who were blessed him in two words and they would say suc- enough to share their lives with him. tion and contribution to the students and edu- cinctly: No Bull. He was unapologetically cation community of New Jersey. John was born in Ashland, Ohio in 1933 to comfortable in his skin, to the core: you ei- Cecil Geraldine Lowery Roseboro and John ther got him or you didn’t. For him, there Henry Roseboro. His only sibling was James f was little worthy of sweat. He would simply Alexander Roseboro. throw up his hands and say, ‘‘No big deal,’’ JOHNNIE ROSEBORO, LOS ANGE- John Roseboro is survived by his beloved and move on. He left it to the critics to as- wife, Barbara Fouch-Roseboro and daughter, LES DODGERS ALL-STAR CATCH- sess the long-term merit of his accomplish- Morgan Nicole Fouch-Roseboro and his chil- ER ments—for him, it was all in a day’s work, dren by a former marriage, daughters Shel- nothing more. He considered suggestions ley Roseboro and Staci Roseboro-Shoals but, in the end, his instinct would always (John), and son Jaime Roseboro (Karen). HON. DIANE E. WATSON trump any outside counsel. Additional family members include grand- OF CALIFORNIA In spite of this characteristic, he made it children Ashley Shoals, Amber Shoals, utterly impossible to be angry at him. But, IN THE HOUSE OF REPRESENTATIVES Kaitlyn Roseboro, Sydney Roseboro, April thankfully, the same worked in reverse. If Roseboro,; brothers-in-law James Walker, Tuesday, September 10, 2002 you looked down to discover your feet on the Kenneth Walker, Jackie Millines; sisters-in- wrong side of his line, a simple apology law Ifeoma Kwesi, Annie Roseboro, Michelle Ms. WATSON of California. Mr. Speaker, it would always be followed by ‘‘That’s okay, is with great sadness that I announce the Hollie, Andrea Frye and Yolanda Leary; Babe,’’ and any trace of the dispute would be nephews Anthony M. Roseboro (Tia), Pearl passing of Johnnie Roseboro, an All-Star immediately expunged. Daniel White, Sinclair Saunders; nieces catcher for the Los Angeles Dodgers. John Although his urtle-like mien caused some Gayle Mitchell (Charles), Sabrina Phillips, passed away on August 16 at Cedars-Sinai strangers to hesitate, his inner circle of Latrice Westbury; great-nephews Alexander Medical Center in Los Angeles. He was 69. friends and family knew the hard outer shell Roseboro, Jermaine Mitchell, Orlando Johnnie Roseboro played in the major merely served as protection for its precious Mitchell, Kenyon Saunders, Ronaldo Walker, cargo—a tender and easily broken heart. Antonio Walker, Rico Walker, Norris Bray; leagues from 1957 to 1970 with the Dodgers, This vulnerability might uncover why it was Minnesota Twins, and Washington Senators great-nieces Shelbi Roseboro, Crystal Phil- this particular organ’s weakness that lips, Summer Rain Phillips; god-daughters (now the Texas Rangers). He was named to sparked his fifteen-year downward health Kaiyanna Frye, Alexandra Josephine Rich- All-Star teams in 1958, 1961, 1962 and 1969, spiral. Although, admittedly, he did nothing ardson Jackson, and a host of other relatives and won Gold Gloves for his defensive play in to impede the descent. and friends. 1961 and 1966. Roseboro became the Dodg- Even after enduring countless (okay, 54) ers’ starting catcher in the team’s first season hospital stays, surgeries and treatments at f in Los Angeles, replacing the legendary Roy Cedars Sinai alone, he maintained an unyieldingly laissez-faire attitude toward PERSONAL EXPLANATION Campanella who had been paralyzed in an improving his condition. Yet it is the rare auto accident. man whose friends and family cannot utter a HON. THOMAS M. BARRETT Roseboro was nicknamed ‘‘Gabby’’ by his single negativity after fruitlessly imploring OF WISCONSIN teammates because he went about his busi- him—for decades—to set down the Coke can, IN THE HOUSE OF REPRESENTATIVES ness quietly and without fanfare. He always exercise, and consider the fish section of the Tuesday, September 10, 2002 carried himself with dignity and class. These menu. But he would likely have undergone a attributes are exemplified in the aftermath of thousand colonoscopies of bypasses if it Mr. BARRETT of Wisconsin. Mr. Speaker, meant any reprieve from the constant bar- the famous bat swinging incident in which San because of commitments in my home state of rage of heart-health suggestions, books, pills Wisconsin, I was unable to vote on rollcall Francisco Giants pitcher Juan Marichal in- and tonics he received on a daily basis. His flicted a two inch gash on Roseboro’s fore- food motto remained intact until the end: Nos. 371 through 374. Had I been present, I head. The incident tarnished Marichal’s rep- ‘‘I’ll die with a full stomach and that’s would have voted: utation, who was only voted into baseball’s that.’’ ‘‘No’’ on rollcall No. 371; Hall of Fame after Roseboro publicly stated Replacing words with such mottoes was ‘‘Aye’’ on rollcall No. 372; that he thought Marichal was being unfairly just his way, each comment whittled down ‘‘Aye’’ on rollcall No. 373; and kept out the Hall of Fame. to its essence and punctuated with a saying ‘‘Aye’’ on rollcall No. 374. for good measure. Favorites included ‘‘Ain’t f Roseboro’s nobility of mind and heart de- nothin’ shakin’ but the leaves,’’ ... ‘‘God fined him in his life both on and off the base- willin’ and the creek don’t rise’’ . . . and ‘‘Is PERSONAL EXPLANATION ball diamond. He is survived by his beloved the Pope Catholic?’’ wife, Barbara Fouch-Roseboro and daughter, Sayings aside, John was definitely a la- HON. BOB CLEMENT Morgan Nicole Fouch-Roseboro and his chil- conic spirit—the irony in his nickname, OF TENNESSEE dren by a former marriage, daughters Shelley Gabby, was well-earned. But, as they say, si- IN THE HOUSE OF REPRESENTATIVES Roseboro, Staci-Roseboro-Shoals, and Jaime lence is a text easy to misread. Just ask anyone brave enough to venture toward the back Tuesday, September 10, 2002 Roseboro. of the room and take a seat next to him. His In closing, I would like to enter into the bulbous eyes voyeuristically scanning the Mr. CLEMENT. Mr. Speaker, on rollcall Nos. RECORD the following eulogy to Mr. Roseboro, crowd, extracting vital bits of data to launch 377, 376, 375, 374, and 373, had I been prepared by Oliver Herford. into an anecdote or a unique observation. present, I would have voted ‘‘aye.’’

VerDate Sep<04>2002 05:09 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A10SE8.010 E10PT1 September 10, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1539 HONORING CHARLES PALERMO ON Allston-Brighton neighborhoods he rep- itself as an indispensable aspect of America’s HIS RECEIVING NEW JERSEY resented. growth. America’s transportation network en- DISTINGUISHED SERVICE MEDAL Whether it was fighting to preserve afford- ables us to partake in a tremendous $6 trillion able housing or working to enhance the quality worth of freight. The transportation construc- HON. FRANK A. LoBIONDO of life for his constituents, Brian approached tion industry itself is worth $160 billion a year OF NEW JERSEY every issue with a determination to lend a and employs 1.6 million people. America has IN THE HOUSE OF REPRESENTATIVES helping hand. His interest was never getting a seen the successful implementation of these headline, only that his constituents benefited transportation endeavors in large part due to Tuesday, September 10, 2002 from his efforts. ARTBA’s fielded expertise and fruitful con- Mr. LOBIONDO. Mr. Speaker, I rise today to Brian loved public service, something quite sultations. honor a South Jerseyan who has been hon- evident to anyone who watched him perform Mr. Speaker, I would like to take this oppor- ored for his brave service in World War II. the duties of a Boston City Councilor. Every tunity to personally express both my admira- Charles Palermo of Ocean City, New Jersey, person, and every issue, was important and tion for ARTBA in reaching this 100-year mile- a World War II veteran, was presented with he worked tirelessly to represent the men and stone, and my gratitude for their unparalleled the New Jersey Distinguished Service Medal women who elected him. No issue was too contributions to America’s transportation infra- on December 17, 2001 at the Cumberland trivial and no concern was too small. structure. County College. The New Jersey Distin- Brian’s devotion to the community extended f guished Service Medal is the State’s top mili- beyond his official responsibilities. In par- RECOGNITION OF LARRY T. WIL- tary award and was given to Mr. Palermo in ticular, he was especially interested in creating SON, NEWLY ELECTED DIRECTOR honor of the sacrifices he made for his country opportunities for youth. You need look no fur- ON THE BOARD OF THE NA- as a combat soldier. ther than the number of local institutions with TIONAL ASSOCIATION OF FED- Sergeant Palermo enlisted in the Marine which he had a powerful, positive relation- ERAL CREDIT UNIONS (NAFCU) Corps and was shipped out to the Pacific The- ship—the West End House Boys and Girls ater where he spent nearly three years in Club, the Oak Square YMCA, St. combat, coming face to face with death sev- Columbkille’s School, the Gardner School— HON. DAVID E. PRICE OF NORTH CAROLINA eral times. In the South Pacific, Sgt. Palermo the list could go on. Each serves young peo- IN THE HOUSE OF REPRESENTATIVES escaped death more than once, when Japa- ple and each enjoyed Brian’s unswerving sup- nese bombs hit the amphibious tank he was port. Tuesday, September 10, 2002 aboard. He recalled this harrowing escape We lost a bright light and a powerful voice Mr. PRICE of North Carolina. Mr. Speaker, later saying, ‘‘The worst experience was on this summer, but Brian’s legacy of hard work today I rise to recognize Larry Wilson, the August 11th and 12th at Guadalcanal. We had will live on. The impact he had on the neigh- President and CEO of Coastal Federal Credit 13 men and four tanks. All the lights went out borhoods of Allston-Brighton is evident in Union, for his recent election to the Board of and we were stranded in the ocean. There countless ways and the City of Boston is a the National Association of Federal Credit was a big battle (during which Palermo’s tank better place because of him. My thoughts and Unions (NAFCU). got hit by a bomb seconds after he and his prayers are with Brian’s family and friends. Larry has been President and CEO of crew jumped out). The next morning, there I am honored to have known and worked Coastal Federal Credit Union, located in the were a lot of dead bodies in the water—both with such a compassionate and effective pub- Fourth District North Carolina, since 1974. Americans and Japanese,’’ he said. Another lic servant. During his tenure, Coastal Federal Credit time, Palermo did not escape the tank before f Union has grown in assets from $2.7 million to an enemy bomb hit struck the vehicle. This $1.245 billion; it now serves over 100,000 time he was injured, suffering burns from the COMMEMORATION OF ARTBA;S members from the great State of North Caro- waist up. ‘‘It wasn’t that bad,’’ Palermo com- 100TH ANNIVERSARY lina. mented. On the island of Peleliu, he witnessed Larry Wilson’s accomplishments are impres- two of his friends enter a cave to seek out the HON. GARY G. MILLER sive indeed. He was named NAFCU’s Profes- enemy. But they never came out, he said. OF CALIFORNIA sional of the Year in 1985, and in 1992, Larry The New Jersey Distinguished Service IN THE HOUSE OF REPRESENTATIVES was crowned Executive of the Year by the Medal was authorized by the State of New Tuesday, September 10, 2002 Credit Union Executive Society. His illustrious Jersey to honor all of the returning combat career further includes leadership in the North veterans and acknowledge the debt the State Mr. GARY G. MILLER of California. Mr. Carolina Credit Union League, the North Caro- owed them for their service. ‘‘The New Jersey Speaker, as a Representative of California, I lina Credit Union Network, the Eastern North veterans receiving the Distinguished Service appreciate the importance transportation plays Carolina Better Business Bureau, and the Tri- Medal are a credit to our State and our Na- in the daily lives of Americans. Whether it be angle Chapter of the American Red Cross. tion. Their sacrifice and their bravery in com- the movement of goods and services or one’s Larry’s contributions also shine through in bat is truly deserving of New Jersey’s highest personal utilization of our expansive transpor- Coastal Federal Credit Union’s track record. In military award,’’ said Acting Governor Donald tation network, America’s transportation infra- 1991, Coastal Federal Credit Union was rec- DiFrancesco, of the honorees. Mr. Speaker, I structure has continued to thrive and evolve at ognized as Credit Union of the Year by concur with that sentiment and extend my unprecedented levels. The knowledge and ef- NAFCU. Earlier this year, at NAFCU’s Annual thanks and appreciation to Mr. Charles Pa- forts dedicated by groups such as America Conference, Small Business Administration lermo who, like so many of his fellow World Road & Transportation Builders Association Administrator Hector Barreto singled out War II veterans, came forward to defend (ARTBA) have played a vital role in ensuring Coastal Federal Credit Union for its significant America and freedom. America’s roadways, airports and waterways contribution to improving the lives of the un- continue to effectively and efficiently meet our f derserved. transportation needs. Coastal Federal Credit Union participates in HONORING AND REMEMBERING This country has become the prosperous and sponsors an array of programs that ben- BOSTON CITY COUNCILOR BRIAN and efficacious nation that we live in today, efit the local community, as well as commu- HONAN due largely to the ingenuity and persistence nities throughout the State. During the holi- demonstrated by so many Americans. Horatio days, Coastal Federal Credit Union sponsors HON. MICHAEL E. CAPUANO Sawyer Earle, one of ARTBA’s founding fa- and sells a Christmas card designed by a OF MASSACHUSETTS thers, set out in 1902 to materialize a vision child who is a patient at Duke Children’s Hos- IN THE HOUSE OF REPRESENTATIVES he had of connecting all the states’ capitals pital, with all proceeds going to the hospital. through a network of highways. What ensued Coastal Federal Credit Union has also helped Tuesday, September 10, 2002 was an organization and set of ideas that has, to raise more than $400,000 to establish the Mr. CAPUANO. Mr. Speaker, I rise to honor for 100 years and counting, been at the van- bone marrow transplant unit at Duke Chil- and remember Boston City Councilor Brian guard of envisioning and implementing im- dren’s Hospital. Honan, an effective, passionate and admired provements to our nation’s transportation infra- Coastal Federal Credit Union, in participa- public servant who was taken from us far too structure. tion with credit unions throughout North Caro- soon. I had the privilege of working with Brian In areas of commerce, as well as personal lina, joined together to raise $265,000 to pur- and witnessed firsthand his dedication to the commute, transportation has incorporated chase and staff a motor home that travels to

VerDate Sep<04>2002 05:09 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A10SE8.014 E10PT1 E1540 CONGRESSIONAL RECORD — Extensions of Remarks September 10, 2002 various cities in North Carolina to educate the PERSONAL EXPLANATION HONORING CORTRANS LOGISTICS, public about child abuse prevention. This train- LLC ing unit is the first of its kind in the Nation. HON. JAMES H. MALONEY Through Larry and his employees, Coastal OF CONNECTICUT HON. BOB BARR Federal Credit Union’s motto of ‘‘people help- IN THE HOUSE OF REPRESENTATIVES OF GEORGIA ing people’’ is put into practice every day. Tuesday, September 10, 2002 IN THE HOUSE OF REPRESENTATIVES As a highly respected voice for credit unions Mr. MALONEY. Mr. Speaker, I was absent Tuesday, September 10, 2002 in our Nation’s Capitol, NAFCU will be well on Monday September 9, 2002, and missed served by Larry’s membership on the Board. Mr. BARR of Georgia. Mr. Speaker, the past Roll Call votes #375, 376, and 377. Had I year has been marked by tough economic There is no question that Larry’s 28 years of been present, I would have voted Aye on Roll dedicated work, personal knowledge and ex- conditions and the thought of succeeding in Call #375, Aye on Roll Call Vote #376, and the market as a new competitor would be con- pertise in the credit union industry will help to Aye on Roll Call Vote #377. keep Congress connected with issues that are sidered almost impossible. However, through f vital to credit unions both in North Carolina hard work and determination, CorTrans Logis- and across America. I congratulate Larry Wil- IN REMEMBRANCE OF POLIO tics, LLC of Norcross, Georgia, has beat the son on his recent election to the NAFCU SURVIVORS odds and proved itself one of the most emi- Board and look forward to continuing to work nent businesses in the market. In fact, it was with him and our Nation’s Federal credit HON. JOHN R. THUNE recently ranked as number 42 in Entrepreneur magazine’s ‘‘Hot 100’’ fastest growing busi- unions. OF SOUTH DAKOTA nesses for 2002. CorTrans Logistics, LLC was IN THE HOUSE OF REPRESENTATIVES f also recognized in the Atlanta Journal Con- Tuesday, September 10, 2002 stitution for their advances in the marketplace. SALUTING UVALDE, TEXAS AND Mr. THUNE. Mr. Speaker, I rise today to CorTrans Logisitics was founded in Feb- THE WEST MAIN LIBRARY MU- recognize the many survivors of polio. Para- ruary 1999 by William R. Cortez, current presi- SEUM ARCHIVES PROJECT lytic poliomyelitis, or polio as it is commonly dent and CEO. He began the company with referred to, often seems to be remembered as two employees and an initial investment of a disease of the past—a disease that afflicted $100,000. The company has since expanded, HON. HENRY BONILLA millions of Americans during the Great De- yielding sales of $7.2 million in 2001; and now pression. Americans no longer experience the employees 12 individuals. OF TEXAS fear that seized our parents and grandparents This group of individuals, specifically Bill IN THE HOUSE OF REPRESENTATIVES during the summer months, when polio Cortez, should be commended for not only the epidemics thrived. Polio hit quickly, no cure exemplary service they provide through their Tuesday, September 10, 2002 was available, and its victims were left crip- business, but also for overcoming the chal- Mr. BONILLA. Mr. Speaker, I rise in support pled for life. lenges presented to them in a tough economy. of An Extravaganza in Old Uvalde (AEIOU), For many years, controlling polio’s trans- Their accomplishments are proof that through which was held in Uvalde, Texas on Sep- mission was vigorously debated. President hard work, vision, integrity, and day-to-day tember 6th and 7th. This annual event is a Franklin D. Roosevelt, one of America’s most perseverance, companies can survive and fundraiser for the West Main Library Museum famous polio survivors, declared war on polio even thrive in today’s fluctuating market. Archives Project. with the creation of the National Foundation f for Infantile Paralysis, now known as the The West Main Project will provide the peo- March of Dimes, in 1937. Through federal IN HONOR OF THE 2002 VFW VOICE ple of Uvalde and the surrounding area ac- funding, researchers Joseph Salk and Albert OF DEMOCRACY AWARD WINNER cess to a myriad of printed information. In ad- Sabin developed two different polio vaccines MEGHAN PASRICHA OF VFW dition, through its archives and museum, the in the 1950s. Shortly after, polio was eradi- POST 2863 project will play a critical role in preserving the cated in much of the industrialized world, pro- culture of this beautiful region. This facility will viding a vast number of economic and social HON. MICHAEL N. CASTLE provide the room and the resources to meet benefits. OF DELAWARE the needs of the community. The World Health Organization has taken IN THE HOUSE OF REPRESENTATIVES South Texas is home to a unique cross- great strides to eliminate polio throughout the Tuesday, September 10, 2002 roads of cultures. This facility will remind area world, and polio now only exists in ten coun- children of our heritage and provide a forum tries worldwide. However, as long as polio ex- Mr. CASTLE. Mr. Speaker, I rise today to through which to share this heritage with ists, no man, woman, or child is completely honor and pay tribute to Meghan Pasricha, a neighbors and visitors alike. The library will safe from the disease. Delawarean and winner of the Veterans of chronicle the unique experiences of residents September 2002 marks the 50th Anniver- Foreign Wars’ 2002 Voice Of Democracy of the area, preserving their experiences on sary of North America’s most devastating polio Scholarship Contest. Each year the VFW and videotape for generations to come. It will epidemic. This epidemic touched the lives of its Ladies Auxiliary give high school students showcase area geological, cultural, social and nearly 60,000 people, leaving many with life- an opportunity to vocalize their duty and patri- other historical artifacts. With archaeological long physical disabilities. otism for the United States by drafting broad- and written documentation, the museum will There are approximately 16,000,000 polio cast scripts addressing their view of a citizen’s tell the story of what Uvalde is and what it has survivors in the United States today. Many of duties to America. been. these survivors suffer from Post-Polio Out of the 84,000 students who submitted Sequelae, or PPS, symptoms, such as over- scripts on the theme of ‘‘Reaching Out to El Progreso will provide a place for local whelming fatigue, muscle and joint pain, America’s Future,’’ Meghan was one of 58 children to conduct research and be tutored, sleeping disorders, and difficulty swallowing winners throughout the United States, and the for migrant families to learn English, and for and breathing. First Place winner for Delaware’s Local VFW seniors to learn to use the Internet. It will pro- Every American should be aware of this Post 2863. vide a place for partnerships between edu- once devastating disease as well as the af- In a year when many citizens’ faith was cational, governmental, civic and social serv- fects still felt by survivors of polio. While re- shaken and so many Americans are in search ice organizations to flourish. It will allow resi- membering these people, we will aim to edu- of a voice of hope for our Nation’s future, dents to give back to the community through cate both polio survivors and doctors about Meghan’s essay touched the highest aspira- volunteering in a variety of capacities. the symptoms of PPS. By raising awareness, tions of the American spirit and called for in- Education, history and culture are important we will be able to inform polio survivors on the creased patriotism, activism and unity. This parts of our past. I commend Uvalde for it’s simple and effective therapies available to excerpt from her winning essay is a testament leadership in preserving the past while build- treat PPS and to make their lives easier. to her role as a future leader: ing towards the future. It is my sincere hope Thank you, Mr. Speaker, and I encourage ‘‘Although the hearts of Americans are that thanks to the West Main Project, Uvalde all of my colleagues to join me in declaring saddened by the recent tragedy, the Amer- will soon be home to the best library and ar- September ‘‘Polio Survivors’ Month,’’ and hon- ican Spirit soars higher. The pace of change chives in all of West Texas. oring these brave survivors of polio. is suddenly accelerated. Even war has

VerDate Sep<04>2002 05:09 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A10SE8.018 E10PT1 September 10, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1541 changed. In the future, our military will not We attended on September 3 an event rec- the Fairfax County Urban Search and Rescue only wage was the terrorists and enemies, ognizing those associated with the Inova team—which falls under the auspices of but will also wage campaigns to win the Health System for their heroic efforts on Sep- FEMA—the Federal Emergency Management hearts of unknown victims in foreign coun- Agency. Dan spent a week at the Pentagon tries. I strongly believe that Americans will tember 11 and I share today the remarks of helping coordinate the federal response to see this time as an opportunity to reinvent Jolene Tornabeni, executive vice president the disaster. Since 9–11, Dan has helped ourselves and move forward.‘‘ and chief operating officer for Inova Health spearhead and focus Inova’s disaster prepara- I would like to acknowledge the dedication System, as well as a copy of a resolution tions across our system of hospitals and and resolve that Meghan has shown toward adopted by the Virginia General Assembly emergency care centers. commending Inova Health System. Dan also serves as the medical director of her own future and the future of her country. Inova AirCare, our medevac helicopter pro- Through the generous outreach of the United RECOGNIZING INOVA’S HEROES gram which played a critical role at the Pen- States VFW and Ladies Auxiliary, young peo- (By Jolene Tornabeni) tagon on September 11th. Minutes after the ple like Meghan around the our Nation are As we approach the anniversary of Sep- Pentagon was hit, the helicopter flight crew able to vocalize their dedication to America tember 11, no doubt every one of us can re- of nurse Margie Roche, paramedic Chuck and find within themselves how they will member where we were and what we were Crocker and pilot Pete Russet flew to the shape the future for themselves and their fel- doing when the planes crashed in New York, Pentagon to fly out the injured patients. low citizens. Pennsylvania and the Pentagon. Throughout That initial flight is memorialized forever in Inova Health System, the memories of that I would like to join my colleagues in con- a well-publicized Reuters photo seen around day remain fresh in our memories as well. At the world in magazines and now a book. The gratulating Meghan and all of the 2002 VFW a time when most people wanted to be home photo depicts Inova AirCare against the Voice of Democracy Scholarship Contest with their families and loved ones, our staff backdrop of a burning Pentagon. award winners. showed its true strength of character. Hun- The helicopter shuttled much needed sup- f dreds of employees, nurses and physicians plies to the scene that day, and, at the re- dropped what they were doing and volun- quest of military leaders on the scene, re- HONORING THE 10TH ANNIVER- teered to help. It was an immediate response mained at the Pentagon throughout the SARY OF BOSNIAN INDEPEND- that came from the heart. night. ENCE H. RES. 520 Today, I’d like to recognize just some of As that day unfolded, the community’s those people who are Inova’s heroes. goodwill became abundantly evident as hun- From Inova Alexandria Hospital.—Shortly dreds of people showed up at Inova Blood HON. BENJAMIN A. GILMAN after the American Airlines plane hit the Donor Services’offices ready to roll up their OF NEW YORK Pentagon, hospital staff swung into gear sleeves and donate. Thanks to the leadership IN THE HOUSE OF REPRESENTATIVES readying beds, operating rooms and supplies. of medical director Dr. Jeanne Lumadue and Tuesday, September 10, 2002 Inova Alexandria Hospital treated more pa- administrative director Terri Craddock, tients from the Pentagon that day than any Inova Blood Donor Services pulled in volun- Mr. GILMAN. Mr. Speaker, I rise to note that other Inova facility, caring for 24 people who teers to help handle the onslaught and keep earlier today I introduced H. Res. 520, which were injured at the scene. the offices open well past normal business congratulates Bosnia and Herzegovina on the Among the many heroes that day are hours. They collected more than 700 units of 10th anniversary of its independence . Emergency Department Chairman Dr. Marty blood that day, which is just amazing. In all, The stability of the Balkans remains impor- Brown, vice chairman Dr. Tom Clark and the they handled more than two thousand donors tant to the stability of Europe as a whole, and ER staff who were at the front end of caring and returned more than 5,000 calls from in- the 10th anniversary of Bosnian independence for the patients as they arrived at the hos- terested donors in the initial days after the pital. Dr. Clark cared for Virginia State Po- serves as an important benchmark for United attack. lice Trooper Michael Middleton who sus- It was not long after September 11 that our States efforts to foster stability in that region. tained severe smoke inhalation while trying country faced a second threat to our sense of It also serves as a reminder that we must con- to rescue injured Pentagon workers. In addi- security in the anthrax-laced letters mailed tinue our joint efforts to foment military secu- tion, emergency nurse Sherry Hemby is also around the country. Inova Fairfax Hospital rity, improve public security and law enforce- with us today. took center-stage in this national drama ment, foster democratic governance, promote I’d like to recognize pulmonologist Dr. after diagnosing two patients from the economic development and refugee assist- Tom Smirniotopolous and nurse Ellen Brentwood Postal Facility in Washington, ance, bring war criminals to justice, and con- Smith. They both cared for Trooper Mid- DC with inhalation anthrax. dleton during his long recovery at Inova Al- Emergency physicians Cecele Murphy and tinue to provide the security umbrella under exandria Hospital. Denis Pauze relied on their instinct and med- which democracy and free-market capitalism Also, emergency physician Dr. James ical training to make a diagnosis most doc- is able to develop and flourish. Vafier. On September 11, he was working in tors could not imagine making in their life- Our goal is to help transform the Balkans his role as medical director for the Alexan- times. Thanks to them, and to physician as- into a region of stable democracies that fully dria Fire Department at the Pentagon. On sistant Ashna Nayyar and the entire ER participate in Euro-Atlantic institutions. Yet, the site, he was appointed the physician in staff, both men are alive today. emergence of a stable Bosnia—whole, free charge of civilian medical response at the All of these people mentioned today and, in Pentagon. fact, all of the physicians, employees and and integrated into Europe—will require further Keeping order that day at Inova Alexan- support of all types from the United States. volunteers throughout Inova Health System, dria Hospital were Steve Fuoco, the director are our heroes for the work they did on Sep- The three constituent peoples and others in of engineering, who served the hospital’s tember 11 and its aftermath. Bosnia have realized that their political future command center, and Greg Brison, director We also have heroes outside of our organi- lies in strengthening an independent fully func- of security. I’d also like to recognize hospital zation in the men and women of our commu- tioning multiethnic Bosnia and Herzegovina. administrator Ken Kozloff for all of his ef- nity’s police, fire and EMS agencies, particu- They deserve our commendation and support. forts and a job well done by his entire staff. larly in Fairfax County and the City of Alex- All told, Inova treated 27 patients on Sep- andria. Over the past year, we have been f tember 11. Inova Mount Vernon hospital grateful for their continual support and ad- RECOGNIZING LOCAL HEROES ON treated one injured civilian. Our thanks go vice on preparedness. SEPTEMBER 11 out to hospital Emergency Department chairman Dr. Michael Shuster and hospital 2002 SESSION administrator Susan Herbert. SENATE JOINT RESOLUTION NO. 275—ENROLLED HON. FRANK R. WOLF Many thanks also go to the emergency de- Commending Inova Health System OF VIRGINIA partment staffs at Inova HealthPlex in Agreed to by the Senate, March 6, 2002 IN THE HOUSE OF REPRESENTATIVES Springfield where two patients were treated, Agreed to by the House of Delegates, March Tuesday, September 10, 2002 and the staff of Inova Fairfax Hospital. As the area’s Level I trauma center, Inova Fair- 8, 2002 Mr. WOLF. Mr. Speaker, as our nation ap- fax Hospital freed up dozens of hospital beds Whereas, Inova Health System in Northern proaches the one-year anniversary of the un- and readied itself to handle many, many pa- Virginia was deeply involved in the response speakable acts of terror against America on tients that day. Sadly, their services were to the attacks on September 11, 2001, and in September 11, 2001, I join with my colleagues not needed. the diagnosis and treatment of those exposed Next, I’d like to recognize Dr. Dan to anthrax in October of 2001; and Representative TOM DAVIS and Representative Hanfling, the director of Emergency Manage- Whereas, on September 11, Inova Health JIM MORAN to recognize some of the people in ment and Disaster Medicine for Inova Health System treated 27 patients injured in the at- the northern Virginia area who were among System. On September 11, Dan was called to tack on the Pentagon at its Alexandria, the first health care responders to the attack the Pentagon to assist in the search and res- Mount Vernon, and Franconia-Springfield fa- on the Pentagon. cue in his role as medical team manager of cilities; and

VerDate Sep<04>2002 05:09 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A10SE8.023 E10PT1 E1542 CONGRESSIONAL RECORD — Extensions of Remarks September 10, 2002 Whereas, within moments of the crash at Association of Agricultural Educators with the TRIBUTE TO AMBASSADOR PER the Pentagon, Inova AirCare was on the 2000-01 Outstanding Agricultural Education ANGER OF SWEDEN scene to transport patients, and AirCare 2, Teacher Award. This annual award was pre- the system’s back-up helicopter, transported needed supplies to the scene for use in pa- sented to Mr. West for conducting the highest HON. TOM LANTOS tient triage; and quality agricultural education programs and re- OF CALIFORNIA Whereas, Inova Blood Donor Services col- warding him for his civic, community, agricul- IN THE HOUSE OF REPRESENTATIVES tural and professional leadership. lected more than 2,000 units of blood in the Tuesday, September 10, 2002 first week following the attacks, and a por- This award also serves as a highlight of Mr. tion of the donations were sent to New York West’s ability to draw upon community re- Mr. LANTOS. Mr. Speaker, I call to the at- and New Jersey to help injured patients; and sources in order to provide meaningful edu- tention of my colleagues to the passing during Whereas, the Inova Institute of Research cational experiences for all students. the August recess of Ambassador Per Anger and Education contacted the Food and Drug of Sweden. He died Sunday August 25 in Currently a teacher at Ripley High School in Administration to allow usage of a new Stockholm at the age of 88. I invite my col- drug—in its final phase of testing—in a suc- Ripley, West Virginia, William West continues leagues to join me in paying tribute to him. cessful attempt to save the life of Virginia to supply top quality agricultural education. His Mr. Speaker, Per Anger was a distinguished State Police Trooper Michael Middleton; and work, and the example he sets, has provided career diplomat of his native Sweden. He was Whereas, more than a month after the Sep- an invaluable service to his students and to ambassador to Australia, Canada and the Ba- tember 11 attacks, Inova Health System West Virginia. I am honored to commend Mr. played a leading role in the initial diagnosis hamas, Consul General in San Francisco, an William West and offer him my best wishes in and treatment of patients exposed to an- advocate and activist within the Swedish For- the future. thrax at the Brentwood Postal Facility; and eign Ministry for humanitarian assistance, and Whereas, Inova Fairfax Hospital emer- an effective voice of conscience in Swedish di- gency room physician Cecele Murphy diag- f nosed the first inhalation anthrax patient on plomacy. But most of all, he will be long re- October 19, 2001, before the source of the an- PERSONAL EXPLANATION membered for his active and effective collabo- thrax was known; and ration with Raoul Wallenberg in the saving of Whereas, within two days, the hospital di- Hungarian Jewish lives during the Holocaust, agnosed the second anthrax case, and Inova HON. NITA M. LOWEY and then for his advocacy on behalf of physicians soon developed protocols for hos- OF NEW YORK Wallenberg after the Soviet Army took him pitals to follow in screening postal workers IN THE HOUSE OF REPRESENTATIVES prisoner at the end of World War II. and other potential inhalation anthrax Mr. Speaker, Ambassador Anger was born cases; and Tuesday, September 10, 2002 in Goteborg on December 7, 1913, and stud- Whereas, in collaboration with infectious disease specialists from Kaiser Permanente, Mrs. LOWEY. Mr. Speaker, during an ab- ied law at Stockholm and Uppsala universities. Inova physicians published an anthrax case sence yesterday, I regrettably missed Roll Call He began his diplomatic career in Berlin, but study in the Journal of the American Med- votes 375–377. Had I been present, I would he was posted to Budapest in late 1942. Dur- ical Association, an article that was pub- have voted in the following manner: ing his early days in Budapest, he passed on lished faster than any other case study in a historic piece of intelligence—the plans, lo- Roll Call #375: Yea; Roll Call #376: Yea; the journal’s history; and cation and operations of Nazi concentration Roll Call #377: Yea. Whereas, Inova Fairfax Hospital held three camps that he had gleaned from refugees to press conferences to educate the public on Hungary. key anthrax information, including the fact f that it is not contagious and that patients in He was still in Budapest in March 1944 and visitors to hospitals are safe; and TRIBUTE TO HART AND MARK when Nazi Germany occupied Hungary. Short- Whereas, Inova Health System continued HASTEN ly after the German Wehrmacht arrived, Adolf to take the lead in producing and distrib- Eichmann and his henchmen appeared in Bu- uting anthrax information to inform the dapest with the assignment to exterminate the public via information hotlines, websites, HON. MIKE PENCE Jewish population of Hungary. Per Anger the press, and public meetings; and OF INDIANA began issuing temporary Swedish passports Whereas, throughout the turbulent Fall of and identity cards to Hungarian Jews in an ef- 2001, the medical professionals and staff of IN THE HOUSE OF REPRESENTATIVES fort to protect them against deportation to Nazi Inova Health System responded to emer- Tuesday, September 10, 2002 gency situations with great dispatch, dili- extermination camps. gence, courage, and professionalism; now, Mr. PENCE. Mr. Speaker, I rise today to In July of 1944, Raoul Wallenberg arrived at therefore, be it pay tribute to Hart and Mark Hasten, two the Swedish Legation Budapest. He came at Resolved by the Senate, the House of Dele- brothers born in the small town of the request of the United States and with the gates concurring, That the General Assem- Bohorodczany, Poland and currently living in support of the Swedish government in an ef- bly hereby commend Inova Health System fort to do what he could to save the lives of for its quick and effective response to the my home state of Indiana. In 1942, acting on horrifying rumors that Nazis were murdering Hungarian Jews. Wallenberg expanded the events of September 11 and the anthrax inci- use of these protective passports, issuing tens dents in October 2001; and, be it Jews everywhere, their father placed young Resolved further, That the Clerk of the Hart and Mark in a horse drawn carriage and of thousands of them to Jews facing shipment Senate prepare a copy of this resolution for the family fled town in the middle of night. to extermination camps, and with American financial assistance he leased apartment build- presentation to Inova Health System as an Shortly after the Hastens left Bohorodczany, expression of the General Assembly’s admi- ings where Jews driven from their homes twelve hundred Jews were gathered by the ration and gratitude for its dedication to the stayed nominally under Swedish diplomatic Nazis and murdered in a nearby town. Hart health and welfare of the citizens of North- protection. Together Wallenberg and Anger and Mark, and their parents, were the only ern Virginia. saved tens of thousands of children, women, surviving Jews from the area. f and men from the forced marches and from Recently, the two brothers traveled back to the trains bound for death camps at Auschwitz HONORING MR. WILLIAM WEST their boyhood town to erect a monument in and elsewhere in Nazi-occupied Europe. the memory of the martyrs. Rabbi Kasriel Mr. Speaker, while Per Anger’s diplomatic HON. SHELLEY MOORE CAPITO Shemtov from Israel and Rabbi Moseh career is distinguished, it is his efforts with Kolesnik from Ukraine as well as fifty Jewish OF WEST VIRGINIA Raoul Wallenberg that set him apart, that raise people from neighboring villages joined Hart IN THE HOUSE OF REPRESENTATIVES him above the many eminent Swedes who and Mark to observe the dedication. have served their country with honor and in- Tuesday, September 10, 2002 The story of those who perished is etched tegrity. Ambassador Anger’s association with Mrs. CAPITO. Mr. Speaker, I rise today in in Hebrew and English on a granite stone in Raoul Wallenberg gave him a cause that he honor of a constituent of mine, Mr. William a small cemetery where they may rest in continued to pursue with commitment and in- West. I am proud to recognize Mr. West for peace. telligence throughout his life. Because of that his dedication to furthering agriculture edu- Mr. Speaker, I praise Hart and Mark Hasten association, he will be honored around the cation in the state of West Virginia. for erecting this monument in the name of world for generations. On a national scale, Mr. West was one of their fellow townspeople. This is a special me- A great deal of what we know about Raoul six educators to be recognized by the National morial for a deserving community of heroes. Wallenberg’s efforts in Budapest in 1944 is the

VerDate Sep<04>2002 05:09 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A10SE8.027 E10PT1 September 10, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1543 result of the work of Per Anger. His memoir, Mr. Speaker, as we reflect on the unspeak- Elijah Sanborn, who was then in his early With Raoul Wallenberg in Budapest, provides able horrors that were unleashed upon the 90’s, had served in the Union Army as a essential documentation of many of the events world by the Nazi regime a half-century ago, youth of 16 or 17 during the Civil War. For a during that tempestuous time. Without this it is important that we not only remember the heroic deed, he received a citation which was presented by President Lincoln, who also published recollection, our knowledge of atrocities and violence and murder and terror shook his hand. Wallenberg’s incredible struggle against the of that time, but that we also consider the Sanborn lived in Acton, Maine, where Nazi terror would be considerably diminished. sparks of humanity that glowed in the midst of Burpee was one of 25 to 30 students, grades 1 Mr. Speaker, Ambassador Anger was also a that darkest of midnights. Per Anger was one through 8, attending a one-room school champion within the Swedish Foreign Ministry, of those radiant sparks of light. Per Anger had taught by one male teacher. ‘‘One of our in- urging bolder and more aggressive action by the decency, dedication, courage and the mo- centives for making good grades was the the Swedish government to secure the release tivation to do great good against incredible great honor of being able to shake the hand of Raoul Wallenberg after he was seized and odds. of this hero—Elijah Sanborn,’’ remembers Burpee. imprisoned in the Soviet Union in January of f 1945. Because Sweden was reluctant to take As far as Brupee knows, he is the last per- any action that might antagonize its huge TRIBUTE TO MR. CLAUDE BURPEE son living who attended Acton School and neighbor to the east, it officially pursued a had this honor. cautious and pusillanimous policy in seeking HON. JOHN J. DUNCAN, JR. Children of today probably would not con- the release of Wallenberg. Within the Swedish OF TENNESSEE sider this event of any significance, but 53 Foreign Ministry, Ambassador Anger was a IN THE HOUSE OF REPRESENTATIVES years ago it was something to be proud of says Burpee. strong voice for bolder action. Tuesday, September 10, 2002 After his retirement from the diplomatic serv- He also remembers the old soldier quoting ice, Per has continued his efforts. Following Mr. DUCAN. Mr. Speaker, very few people Lincoln as having said: ‘‘Don’t let your the collapse of the Soviet Union, he was in alive today can say they knew someone who schooling get in the way of your learning.’’ Moscow on a number of occasions, at times met President Abraham Lincoln. However, Mr. Two years ago, Burpee visited Maine and with members of Raoul Wallenberg’s family, in Claude Burpee of Maryville, Tennessee can. was delighted to find his old school, well the continuing effort to determine the truth of In fact, he can even say he shook the same taken care of and serving another role. Built what really happened after Wallenberg was hand that shook the hand of President Lincoln. in 1814, it is now the town library. When Mr. Burpee was in elementary school, seized by Red Army troops in Eastern Hun- After serving in the Pacific Theater with gary. he had the opportunity to meet a Civil War the U.S. Marine Corps in World War II, Ambassador Anger has been one of the veteran who was honored by Mr. Lincoln dur- Burpee spent 25 years in California following his career as a locksmith. leaders in keeping alive the memory of Raoul ing the war. Wallenberg during the fifty years since Raoul Mr. Speaker, I congratulate Mr. Burpee for Advancing years and declining health of his unique connection to arguably our Nation’s the parents of his wife, Wanda Joy, brought Wallenberg disappeared. I remember well the Burpees to Tennessee 14 years ago to as- many occasions when Anger paid eloquent most admired President. I have included a copy of a story written in sist with their care. Burpee said he learned tribute to the heroism of Raoul Wallenberg. the Maryville Daily Times that further explains that Blount County was in need of a lock- One of his most memorable and moving trib- Mr. Burpee’s story that I would like to call to smith and so they chose Maryville as their utes was given at the commemoration of the home to be near their relatives who live at the attention of my colleagues and other read- 50th anniversary of Wallenberg’s disappear- Mascot. ers of the RECORD. ance which was held at the United States Hol- ‘‘Maryville has treated me well, and I’ve ocaust Memorial Museum in Washington, [From the Maryville Daily Times, Feb. 13, made a good living here. One couldn’t find a D.C., on January 17, 1995. 1991] nicer place to live,’’ he said. Mr. Speaker, Ambassador Anger was hon- MARYVILLE MAN RECALLS HANDY LINK TO Selling his business two years ago, Burpee ored appropriately for his humanitarian con- LINCOLN has devoted much of his time to work with tribution to saving the lives of Hungarian Jews. (By Adele McKenzie) Disabled American Veterans (DAV) serving In 1982 he was named one of the ‘‘Righteous An event of 53 years ago is alive today in presently as commander of Blount County the memory of Claude Burpee of Maryville. DAV Chapter 76 and as alternate commander Among Nations’’ by Israel’s Yad Vashem me- The happening was a reward as a student for of the East Tennessee Division of DAV. morial and museum. The government of Hun- making good grades and the privilege of Burpee is also a member of Blount County gary awarded him the Order of Merit in 1995, shaking a hand that had many years earlier Memorial Post 5154 Veterans of Foreign Wars and in 2000 he was granted honorary Israeli shaken the hand of President Abraham Lin- and Capt. Emerson J. Lones Post 13 Amer- citizenship. coln. ican Legion.

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HIGHLIGHTS House Committee ordered reported five sundry measures. Senate the sense of the Senate that Bosnia and Herzegovina Chamber Action should be congratulated on the 10th anniversary of Routine Proceedings, pages S8393–S8474 its recognition by the United States. Pages S8473–74 Measures Introduced: Six bills were introduced, as Department of the Interior Appropriations: Sen- follows: S. 2917–2922. Page S8456 ate resumed consideration of H.R. 5093, making ap- Measures Reported: propriations for the Department of the Interior and Report to accompany S. 1140, to amend chapter related agencies for the fiscal year ending September 1 of title 9, United States Code, to provide for 30, 2003, taking action on the following amend- greater fairness in the arbitration process relating to ments proposed thereto: Pages S8393–S8420 motor vehicle franchise contracts. (S. Rept. No. Adopted: 107–266) Page S8456 Daschle Modified Amendment No. 4481 (to Amendment No. 4480), to provide emergency dis- Measures Passed: aster assistance to agricultural producers. AMBER Alert Communication Enhancement: Pages S8393–S8407 Senate passed S. 2896, to enhance the operation of Reid (for Boxer) Amendment No. 4523 (to the AMBER Alert communications network in order Amendment No. 4472), to express the Sense of the to facilitate the recovery of abducted children, to Senate regarding 36 undeveloped oil and gas leases provide for enhanced notification on highways of in the Southern California planning area of the outer alerts and information on such children, after agree- Continental Shelf. Page S8416 ing to a committee amendment in the nature of a Burns (for Bennett) Amendment No. 4524 (to substitute. Pages S8436–41 Amendment No. 4472), to set aside forest legacy Flight 93 National Memorial Act: Committee on program funds for the Castle Rock Phase 2 project Energy and Natural Resources was discharged from and Chalk Creek (Blonquist) project, Utah. consideration of H.R. 3917, to authorize a national Pages S8416–17 memorial to commemorate the passengers and crew Reid (for Cleland) Amendment No. 4525 (to of Flight 93 who, on September 11, 2001, coura- Amendment No. 4472), to express the sense of the geously gave their lives thereby thwarting a planned Senate concerning adequate funding for the National attack on our Nation’s Capital, and the bill was then Park Service. Pages S8417–19 passed, clearing the measure for the President. Reid Amendment No. 4526 (to Amendment No. Page S8472 4472), to make a technical correction to the conveyance of land to the city of Mesquite, Nevada. Flight 93 National Memorial Act: Committee on Page S8419 Energy and Natural Resources was discharged from Burns (for Stevens) Amendment No. 4527 (to consideration of S. 2136, to establish a memorial in Amendment No. 4472), to make a technical correc- the State of Pennsylvania to honor the passengers tion. Page S8419 and crewmembers of Flight 93 who, on September Reid Amendment No. 4528 (to Amendment No. 11, 2001, gave their lives to prevent a planned at- 4472) to set aside additional funds for permitting of tack on the Capitol of the United States, and the bill geothermal energy applications, the processing of was then passed. Pages S8472–73 wind-energy rights-of-way, and Bureau of Land Bosnia/Herzegovina 10th U.S. Recognition An- Management realty and ownership management in niversary: Senate agreed to S. Res. 309, expressing the State of Nevada. Page S8419 D911

VerDate Sep 04 2002 05:07 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D10SE2.REC D10SE2 D912 CONGRESSIONAL RECORD — DAILY DIGEST September 10, 2002 Burns (for Thomas) Amendment No. 4529 (to Nominations Received: Senate received the fol- Amendment No. 4472), to provide for an inde- lowing nominations: pendent and comprehensive management, oper- Glenn T. Suddaby, of New York, to be United ational, performance, and financial review of Yellow- States Attorney for the Northern District of New stone National Park. Pages S8419–20 York for the term of four years. Withdrawn: James M. Stephens, of Virginia, to be a Member Enzi Amendment No. 4517 (to Amendment No. of the Occupational Safety and Health Review Com- 4480), to provide offsets through payment limita- mission for a term expiring April 27, 2005. tions. Page S8408 2 Army nominations in the rank of general. Pending: 1 Marine Corps nomination in the rank of general. Byrd Amendment No. 4472, in the nature of a 1 Coast Guard nomination in the rank of admiral. substitute. Pages S8393–S8420 Page S8474 Byrd Amendment No. 4480 (to Amendment No. Messages From the House: Page S8453 4472), to provide funds to repay accounts from which funds were borrowed for emergency wildfire Measures Referred: Pages S8453–54 suppression. Page S8393 Measures Placed on Calendar: Page S8454 Craig/Domenici Amendment No. 4518 (to Amendment No. 4480), to reduce hazardous fuels on Executive Communications: Pages S8454–56 our national forests. Pages S8408–11 S8414–15 Additional Cosponsors: Pages S8456–58 Dodd Amendment No. 4522 (to Amendment No. Statements on Introduced Bills/Resolutions: 4472), to prohibit the expenditure of funds to recog- Pages S8458–68 nize Indian tribes and tribal nations until the date of implementation of certain administrative proce- Additional Statements: Pages S8452–53 dures. Pages S8411–14 Amendments Submitted: Page S8468 During consideration of this measure today, Senate Authority for Committees to Meet: Page S8472 also took the following action: By 79 yeas to 16 nays (Vote No. 212), three-fifths Privilege of the Floor: Page S8472 of those Senators duly chosen and sworn, having Record Votes: One record vote was taken today. voted in the affirmative, Senate agreed to the motion (Total—212) Page S8407 to waive section 306 of the Congressional Budget Adjournment: Senate met at 9:30 a.m., and ad- Act of 1974. Subsequently, the point of order that journed at 6:57 p.m., until 11 a.m., on Wednesday, Daschle Modified Amendment No. 4481 (to September 11, 2002. (For Senate’s program, see the Amendment No. 4480), to provide emergency dis- remarks of the Acting Majority Leader in today’s aster assistance to agricultural producers, was in vio- Record on page S8474). lation of section 306 of the Congressional Budget Act of 1974, was not sustained. Page S8407 Senate will continue consideration of the bill on Committee Meetings Thursday, September 12, 2002. (Committees not listed did not meet) Homeland Security Act: Senate continued consideration of H.R. 5005, to establish the Department of AVIATION SECURITY Homeland Security, taking action on the following Committee on Commerce, Science, and Transportation: amendments proposed thereto: Committee held hearings to examine the status of Pages S8420–25, S8431–33 the newly-created Transportation Security Adminis- Pending: tration in relation to improved aviation security one Lieberman Amendment No. 4471, in the nature year after September 11, 2001, receiving testimony of a substitute. Pages S8420–25, S8431–33 from Adm. James Loy, USCG, Acting Under Sec- Thompson/Warner Amendment No. 4513 (to retary of Transportation for Security. Amendment No. 4471), to strike title II, estab- Hearings recessed subject to call. lishing the National Office for Combating Ter- rorism, and title III, developing the National Strat- NO CHILD LEFT BEHIND ACT egy for Combating Terrorism and Homeland Secu- Committee on Health, Education, Labor, and Pensions: rity Response for detection, prevention, protection, Committee concluded hearings to examine state and response, and recover to counter terrorist threats. community perspectives of the implementation of Pages S8420, S8431 Title 1 of H.R. 1, to close the achievement gap with Senate will continue consideration of the bill on accountability, flexibility, and choice, so that no Thursday, September 12, 2002. child is left behind (P.L. 107–110), after receiving

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testimony from Belle S. Wheelan, Virginia Depart- David Kris, Associate Deputy Attorney General, De- ment of Education, Richmond; William J. Moloney, partment of Justice; Kenneth C. Bass III, Sterne, Colorado Department of Education, Denver; and Mi- Kessler, Goldstein and Fox/Georgetown University chael Casserly, Council of the Great City Schools, Law Center, former Counsel for Intelligence Policy, and Wanda Gaddis, on behalf of the National Par- Department of Justice, and Morton H. Halperin, ent/Teachers Association, both of Washington, D.C. Open Society Institute, former Counsel for Intel- USA PATRIOT ACT ligence Policy, Department of Justice, both of Wash- ington, D.C.; and William C. Banks, Syracuse Uni- Committee on the Judiciary: Committee concluded hearings to examine the implementation of the USA versity College of Law, Syracuse, New York. PATRIOT ACT, focusing on the expansion of the Foreign Intelligence Surveillance Act (FISA), to set INTELLIGENCE up a court to review government applications to con- Select Committee on Intelligence: Committee held closed duct secret wiretaps and searches inside the United hearings on intelligence matters, receiving testimony States for the purpose of collecting foreign intel- from officials of the intelligence community. ligence information, after receiving testimony from Committee recessed subject to call. h House of Representatives September 30, 2003, and agreed to a conference. Ap- Chamber Action pointed as conferees: Representative Hobson, Walsh, Measures Introduced: 6 public bills, H.R. Dan Miller of Florida, Aderholt, Granger, Goode, 5356–5361; 2 private bills, H.R. 5362–5363; and 2 Skeen, Vitter, Young of Florida, Olver, Edwards, resolutions, H. Con. Res. 463, and H. Res. 520, Farr of California, Boyd, Dicks, and Obey. were introduced. Page H6171 Page H6137 Reports Filed: No reports were filed today. Agreed to the Olver motion to instruct conferees Speaker Pro Tempore: Read a letter from the to insist on the higher of House or Senate funding Speaker wherein he appointed Representative Petri levels, with regard to funding for planning, design, to act as Speaker pro tempore for today. Page H6131 construction, alterations, and improvements of mili- Recess: House recessed at 9:02 a..m. and reconvened tary facilities including environmental remediation, barracks, hospitals, childcare facilities, and family at 10 a.m. Page H6131 housing. Page H6137 Journal: Agreed to the Speaker’s approval of the Journal of Monday, Sept. 9 by a recorded vote of Department of Defense Appropriations: The 335 ayes to 35 noes with 1 voting ‘‘present,’’ Roll House disagreed with the Senate amendment to No. 380. Pages H6131, H6139–40 H.R. 5010, making appropriations for the Depart- ment of Defense for the fiscal year ending September Motion to Instruct Conferees—Terrorism Risk 30, 2003, and agreed to a conference. Appointed as Protection Act: Agreed to the Fossella motion to instruct conferees on H.R. 3210, to ensure the con- conferees: Representatives Lewis of California, Young tinued financial capacity of insurers to provide cov- of Florida, Skeen, Hobson, Bonilla, Nethercutt, erage for risks from terrorism and to agree to the Cunningham, Frelinghuysen, Tiahrt, Murtha, Dicks, provisions contained in section 11 of the Senate Sabo, Visclosky, Moran of Virginia and Obey. amendment, relating to satisfaction of judgments Pages H6137–38 from frozen assets of terrorists, terrorist organiza- Agreed to the Olver motion to instruct conferees tions, and state sponsors of terrorism by a yea-and- to insist on the higher funding levels permitted nay vote of 373 yeas with none voting ‘‘nay,’’ Roll within the scope of conference with regard to chem- No. 379. Pages H6133–37, H6138–39 ical and biological defense programs, projects, and Military Construction Appropriations: The House activities. Pages H6137–38 disagreed with the Senate amendment to H.R. 5011, Agreed to close meetings of the conference at such making appropriations for military construction, times as classified national security information may family housing, and base realignment and closure for be discussed providing that any sitting Member of the Department of Defense for the fiscal year ending Congress shall be entitled to attend to attend any

VerDate Sep 04 2002 05:07 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D10SE2.REC D10SE2 D914 CONGRESSIONAL RECORD — DAILY DIGEST September 10, 2002 meeting of the conference by a yea-and-nay vote of RETIREMENT SECURITY FOR AMERICAN 365 yeas with none voting ‘‘nay,’’ Roll No. 378. WORKERS Page H6138 Committee on Education and the Workforce: Sub- Suspensions: The House agreed to suspend the rules committee on Employer-Employee Relations held a and pass the following measures: hearing entitled ‘‘Retirement Security for American Historical Significance of the United States-Ire- Workers: Examining Pension Enforcement and Ac- land Business Summit: H. Res. 513, amended, rec- countability.’’ Testimony was heard from the fol- ognizing the historical significance and timeliness of lowing officials of the Department of Labor: Ann the United States-Ireland Business Summit (agreed Combs, Assistant Secretary, Pension and Welfare to by two-thirds yea-and-nay vote of 372 yeas with Benefits Administration; and Stephen J. Cossu, Dep- none voting ‘‘nay,’’ Roll No. 381); uty Inspector General, Office of Labor Racketeering Pages H6140–42, H6147–48 and Fraud Investigations; and public witnesses. Intelsat IPO Extension: S. 2810, to amend the STEEL INDUSTRY LEGACY RELIEF ACT Communications Satellite Act of 1962 to extend the Committee on Energy and Commerce: Subcommittee on deadline for the INTELSAT initial public offering— Commerce, Trade and Consumer Protection held a clearing the measure for the President; Page H6142 hearing on H.R. 4646, Steel Industry Legacy Relief Waiver from Clean Air Act Requirements for Act of 2002. Testimony was heard from public wit- New York City: H.R. 3880, amended, to provide a nesses. temporary waiver from certain transportation conformity requirements and metropolitan transpor- AFTERMATH OF SEPTEMBER 11— tation planning requirements under the Clean Air AMERICA’S BLOOD SUPPLY Act and under other laws for certain areas in New Committee on Energy and Commerce: Subcommittee on York where the planning offices and resources have Oversight and Investigations held a hearing entitled been destroyed by acts of terrorism; and ‘‘America’s Blood Supply in the Aftermath of Sep- Pages H6142–46, H6148 tember 11, 2001.’’ Testimony was heard from Je- Supporting Scleroderma Research: H. Con. Res. rome M. Hauer, Acting Assistant Secretary, Public 320, amended, expressing the sense of Congress re- Health Emergency Preparedness, Department of garding Scleroderma. Agreed to amend the title so Health and Human Services; Janet Heinrich, Direc- as to read: ‘‘Concurrent resolution expressing the tor, Health Care—Public Health Issues, GAO; and sense of the Congress regarding scleroderma.’’. public witnesses. Pages H6146–47, H6148–49 CAPITOL SECURITY, EMERGENCY Quorum Calls—Votes: Five yea-and-nay votes and PREPAREDNESS, AND INFRASTRUCTURE one recorded vote developed during the proceedings UPGRADES SINCE 9/11 of the House today and appear on pages H6138, H6138–39, H6139–40, H6147–48, H6148, and Committee on House Administration: Held a hearing on H6148–49. There were no quorum calls. Capitol Security, Emergency Preparedness, and Infra- structure Upgrades since September 11th. Testimony Adjournment: The House met at 9 a.m. and ad- was heard from the following officers of the House journed at 2:51 p.m. of Representatives: Jeff Trandahl, Clerk; Wilson Livingood, Sergeant at Arms; and James M. Eagen Committee Meetings III, Chief Administrative Officer; Alan Hantman, Architect of the Capitol; and Robert Howe, Assist- IRAQ WEAPONS OF MASS DESTRUCTION ant Chief, U.S. Capitol Police, PROGRAM Committee on Armed Services: Held a hearing on the MISCELLANEOUS MEASURES state of the Iraqi weapons of mass destruction pro- Committee on the Judiciary: Ordered reported the fol- gram and the history of the United Nations inspec- lowing bills: H.R. 4600, amended, Help Efficient, tion efforts in Iraq. Testimony was heard from David Accessible, Low Cost, Timely Health Care A. Kay, former United Nations Chief Nuclear (HEALTH) Act 2002; H.R. 4689, Fairness in Sen- Weapons Inspector in Iraq, United Nations Special tencing Act of 2002; S. 2690, amended, to reaffirm Commission on Iraq and International Atomic En- the reference to one Nation under God in the Pledge ergy Agency; and Richard O. Spertzel, former Head of Allegiance; H.R. 4125, amended, Federal Courts of Biology Section, United Nations Special Commis- Improvement Act of 2002; and H.R. 4561, Federal sion on Iraq. Agency Protection of Privacy Act.

VerDate Sep 04 2002 05:07 Sep 11, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D10SE2.REC D10SE2 September 10, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D915 INTELLIGENT TRANSPORTATION SYSTEMS tary activities of the Department of Defense, for Committee on Transportation and Infrastructure: Sub- military construction, and for defense activities of committee on Highways and Transit held a hearing the Department of Energy, and to prescribe per- on Intelligent Transportation Systems. Testimony sonnel strengths for such fiscal year for the Armed was heard from Aves Thompson, Director, Division Forces, focusing on seapower provisions, but did not of Measurement Standards and Commercial Vehicle complete action thereon, and will meet again tomor- Enforcement, Department of Transportation, State of row. Alaska; Miguel D’Escoto, Commissioner, Depart- f ment of Transportation, Chicago, Illinois; and public witnesses. COMMITTEE MEETINGS FOR WEDNESDAY, SEPTEMBER 11, 2002 REDUCE MEDICAL ERRORS (Committee meetings are open unless otherwise indicated) Committee on Ways and Means: Subcommittee on Health held a hearing on legislation to Reduce Med- Senate ical Errors. Testimony was heard from Tommy No meetings/hearings scheduled. Thompson, Secretary of Health and Human Services; and public witnesses. House No Committee meetings are scheduled. Joint Meetings Joint Meetings AMERICAN LEGION Conference: meeting of conferees, in closed session, on Joint Hearing: Senate Committee on Veterans’ Affairs H.R. 4546, to authorize appropriations for fiscal year concluded joint hearings with the House Committee 2003 for military activities of the Department of Defense, on Veterans’ Affairs to examine the legislative pres- for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths entation of the American Legion, after receiving tes- for such fiscal year for the Armed Forces, focusing on timony from Ronald F. Conley, American Legion, readiness provisions, 1:30 p.m., S–211, Capitol. Washington, D.C., who was accompanied by several Conference: meeting of conferees, in closed session, on of his associates. H.R. 4546, to authorize appropriations for fiscal year NATIONAL DEFENSE AUTHORIZATION 2003 for military activities of the Department of Defense, for military construction, and for defense activities of the Conferees met to resolve the differences between the Department of Energy, to prescribe personnel strengths Senate and House passed versions of H.R. 4546, to for such fiscal year for the Armed Forces, 4 p.m., 345 authorize appropriations for fiscal year 2003 for mili- CHOB.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Wednesday, September 11 12 noon, Wednesday, September 11

Senate Chamber House Chamber Program for Wednesday: Senate will be in a period of Program for Wednesday: Consideration of Patriot’s Day morning business: further, the Republican Leader will be Resolution. recognized at 11:40 a.m., and the Majority Leader will be recognized at 11:50 a.m. At 12 noon, there will be a moment of silence in recognition of the events of September 11, 2001.

Extensions of Remarks, as inserted in this issue

HOUSE Clement, Bob, Tenn., E1538 Paul, Ron, Tex., E1536 Duncan, John J., Jr., Tenn., E1543 Pence, Mike, Ind., E1542 Barr, Bob, Ga., E1535, E1540 Gilman, Benjamin A., N.Y., E1541 Price, David E., N.C., E1539 Barrett, Thomas M., Wisc., E1538 Kanjorski, Paul E., Pa., E1535 Roukema, Marge, N.J., E1537 Bonilla, Henry, Tex., E1540 Lantos, Tom, Calif., E1542 Thune, John R., S.D., E1540 Burton, Dan, Ind., E1535 LoBiondo, Frank A., N.J., E1539 Capito, Shelley Moore, W.Va., E1542 Lowey, Nita M., N.Y., E1542 Watson, Diane E., Calif., E1538 Capuano, Michael E., Mass., E1539 Maloney, James H., Conn., E1540 Wolf, Frank R., Va., E1541 Castle, Michael N., Del., E1535, E1540 Miller, Gary G., Calif., E1539

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