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, FRIDAY, OCTOBER 4, 2002 No. 129 House of Representatives The House was not in session today. Its next meeting will be held on Monday, October 7, 2002, at 9:30 a.m. Senate FRIDAY, OCTOBER 4, 2002

The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING time until 11:30 a.m. shall be equally called to order by the Honorable MARK PRESIDENT PRO TEMPORE divided between the two leaders or DAYTON, a Senator from the State of The PRESIDING OFFICER. The their designees, with Senators per- Minnesota. clerk will please read a communication mitted to speak therein for up to 10 to the Senate from the President pro minutes each. PRAYER tempore (Mr. BYRD). Who yields time? The Chaplain, Dr. Lloyd John The legislative clerk read the fol- The Senator from Kentucky. Ogilvie, offered the following prayer: lowing letter: Mr. BUNNING. Mr. President, I rise Gracious God, You have endowed us in support of S.J. Res. 46 to authorize U.S. SENATE, with a thinking brain so we could PRESIDENT PRO TEMPORE, the use of U.S. Armed Forces against think Your thoughts after You. That is Washington, DC, October 4, 2002. Saddam Hussein’s Regime in Iraq. awesome, Father. You are omniscient; To the Senate: This bipartisan resolution would en- You know everything. You also know Under the provisions of rule I, paragraph 3, able the President to take necessary what is best for our future as a Nation of the Standing Rules of the Senate, I hereby action in order to defend our Nation and our continuing battle with ter- appoint the Honorable MARK DAYTON, a Sen- and our people against Iraq and any ator from the State of Minnesota, to perform other threatening terrorist nation or rorism. This is Your Nation; we are the duties of the Chair. Your people; we are a Nation under ROBERT C. BYRD, organization. Your sovereignty. In response, we President pro tempore. I believe it will pass Congress by make Proverbs 16:3 the motto for this Mr. DAYTON thereupon assumed the broad bipartisan support and send a day, ‘‘Commit Your works to the Lord chair as Acting President pro tempore. signal to the world that America and Your thoughts will be estab- stands united behind our President. f lished.’’ Throughout this day, we inten- This vote will be one of the most im- tionally will submit the work of this RESERVATION OF LEADER TIME portant—if not the most important— Senate to You and seek Your guidance The ACTING PRESIDENT pro tem- that I or any of my colleagues will ever for the resolution on war with Iraq. We pore. Under the previous order, the take in Congress. claim Your promise for clarified direc- leadership time is reserved. Nothing is more sobering or serious than voting to send troops into battle tion in keeping with Your will. We say f with the psalmist: and committing our Nation to war. I commit my way to the Lord and trust AUTHORIZATION OF THE USE OF As the President said the other day, also in Him, and He shall bring it to pass UNITED STATES ARMED FORCES war is not our first choice. In fact, it is . . . I rest in the Lord and wait patiently AGAINST IRAQ—MOTION TO PRO- our last choice. for Him—(Psalm 37:5,7). CEED Having this debate and making this Speak to our minds; we are listening. The ACTING PRESIDENT pro tem- vote is something that none of us You are our Lord and Saviour. Amen. pore. Under the previous order, the wants but in the end, I am afraid that we have no other choice. f Senate will now resume consideration of S.J. Res. 45, which the clerk will re- The case against Saddam Hussein is PLEDGE OF ALLEGIANCE port. clear. We can no longer tolerate him The Honorable MARK DAYTON led the The legislative clerk read as follows: and the threat that he poses not only Pledge of Allegiance, as follows: A joint resolution (S.J. Res. 45) to author- to us, but to his neighbors, the Middle I pledge allegiance to the Flag of the ize the use of United States Armed Forces East and the entire world. United States of America, and to the Repub- against Iraq. To do anything else would be to re- lic for which it stands, one nation under God, The ACTING PRESIDENT pro tem- peat the mistakes of the past and to indivisible, with liberty and justice for all. pore. Under the previous order, the bury our heads in the sand.

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

S9933

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VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9934 CONGRESSIONAL RECORD — SENATE October 4, 2002 After September 11, we cannot afford Many in Congress believe we should This is one time where that old say- to simply sit on our hands. Now is the not use force against terrorist nations ing ‘‘The devil you know is better than time to take bold and decisive action such as Iraq without approval from the the devil you don’t’’ is wrong—dead in our own self-defense. United Nations or our allies. wrong. The arguments against Saddam Hus- I believe this resolution takes the After all, under Saddam’s rule, Iraq sein are compelling, and I believe the right approach and addresses their con- has used nerve gas and other weapons President made a convincing case when cerns. of repression to slaughter tens of thou- he spoke to the United Nations about It says that we should do all we can sands of its own people. Saddam’s contempt for the rest of the to work with our friends and the It used chemical weapons over and world. United Nations to address the menace over during its war with Iran in the Eleven years ago after he was de- of Saddam Hussein. 1980s. feated in the Gulf War, Saddam sus- But it does not tie our hands and pre- Saddam has launched ballistic mis- pended hostilities and agreed to a se- serves our right to act in self-defense. siles at four of his neighbors—Israel, ries of commitments to help bring In trying to resolve tensions with Iran, Saudi Arabia, and Bahrain. peace and stability to the Middle East. Iraq, America has gone the extra mile. He has had his followers assassinate He has broken each of these commit- And I believe that our allies and the opponents in Iraq and abroad. ments. During the Gulf War, his regime beat In 1991, U.N. Security Council Reso- U.N. have done so as well. lution 688 demanded Saddam cease re- We have done all that we can to en- and tortured Americans and used them pression and torture of his own people. sure a peaceful resolution of disputes as ‘‘Human Shields.’’ He broke that promise. with Saddam. And on almost a daily basis Iraq con- Also in 1991, the Security Council And I support Secretary Powell’s tinues to fire missiles and artillery at passed resolutions demanding that Iraq continuing efforts to reach out to the U.S. and coalition aircraft patrolling return all prisoners from Kuwait and security council and the rest of the the no-fly zones in Northern and other lands. Saddam Hussein broke world to find a way to bring peace to Southern Iraq—no-fly zones that Sad- that promise also. the Middle East without using vio- dam agreed to after the Gulf War. The U.N. Security Council, through lence. Looking at the evidence, I cannot Resolution 687, demanded that Iraq re- But I do not believe that in the end imagine anything more destabilizing nounce all involvement with terrorism you can negotiate with a madman. and threatening than the status quo. and permit no terrorist organizations Sooner or later, we are going to have Some say wait and let the U.N. pass to operate in Iraq. Saddam not only to act, and we should pass this resolu- another resolution. They argue that broke that promise, but he continues tion to give the President every tool at more inspections and towing a tougher to harbor terrorists, including al-Qaida his disposal to prevail in this struggle line against Saddam will work this leaders who fled from Afghanistan. with evil. time. Most importantly, after the Gulf I know that some of my colleagues But surely Saddam is not going to War, Iraq promised to destroy and to and many in the world community adhere to the 17th resolution after ig- stop the development of weapons of worry that America is acting without noring the first 16. mass murder and agreed to inspections provocation and that we should not Finally, those who make the argu- by the world community. Once again, preemptively attack another Nation. ment about preemption say we need Saddam Hussein broke that promise. In I have to disagree with them on two more proof—that we can’t act first fact, U.N. officials believe Iraq has pro- grounds. without a smoking gun. duced tons of biological and chemical First, we have already been attacked. Even if they ignore all of the evi- agents and failed to account for more Last September 11 was the bloodiest dence, I would still argue that the last than 3 metric tons of material that day in our history. We have already thing we want is a smoking gun. could be used to produce biological lost 3,000 of our friends and neighbors. A gun only smokes after it is fired weapons. Many of those involved in planning and our goal and fight must be to pre- In 1995, Iraq finally admitted it had a and carrying out those attacks are now vent Saddam from firing that weapon. nuclear weapons program prior to the living in Iraq. I have heard the arguments from the Gulf War. In fact, Saddam Hussein has openly opponents of this resolution say that And up to now, Iraq continues to praised their actions. we should wait and deal with Saddam withhold important information about We are not acting preemptively. We after the upcoming November election. its nuclear program. We know Iraq is are reacting to an assault on our Na- They say this issue smacks of poli- working on rebuilding its nuclear capa- tion and our people. tics and that President Bush is using bility. Second, in the case of Saddam Hus- the war as a political tool in this next After the Gulf War, Saddam promised sein, he has made it clear many, many election. to allow for a vigorous series of inspec- times already that he will attack us as Some have even had harsh words for tions of his military programs. soon as he feels he can effectively do President Bush on this issue and at But for 7 years, we watched, on al- so. times I wonder who they think the real most a daily basis, as the Iraqi Govern- His past actions against his neigh- enemy is—President Bush or Saddam. ment bobbed and weaved and did every- bors and even his own people prove he I believe that politics should not be thing in its power to delay, stop and is a man of his word. part of this debate from either party. confuse the inspectors. Finally, in 1998, Saddam kicked the To say now that we should wait and This debate is about war and peace, United Nations Inspectors out of Iraq not act first is foolhardy and naive. not petty political squabbles. altogether. Once again, he broke his In the wake of September 11, we have The congress should vote now and promise. a choice. We can either act or we can the President should act when it would All in all, Iraq has failed to abide by wait and react. be most effective to end Saddam’s evil 16 U.N. Security Council resolutions. I do not think we should sit like chil- regime. Saddam has broken his word at every dren on the beach and simply wait for I don’t know if that’s today, tomor- opportunity. the tide to come in and wash us away. row, the day after the election, or some There is an old saying: ‘‘fool me once, We should act now to protect our- other time in the near future. shame on you. Fool me twice, shame selves and our Nation. But I will give the Commander-in- on me.’’ Some have even made the argument Chief and our military leaders the ben- I don’t see how we can let Saddam that attacking Saddam would desta- efit of the doubt. fool us again. There is absolutely no bilize the Middle East and lead to fur- What is most important is that we do doubt in my mind that Saddam Hus- ther tensions in that sensitive part of this right and launch our assault when sein cannot be trusted. the world. it will be most effective. The time for inspections, diplomacy, But I cannot imagine a more desta- The longer we wait, the more time and delay has passed. It is time for us bilizing and threatening menace than this mad man has to hatch his evil to act. Saddam. plots.

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9935 There are risks in acting. But there to address the two main problems with tions to act again, the President com- are more risks in not acting. the original White House discussion mitted the United States to ‘‘work In conclusion, I urge support for the draft. Those problems are the fol- with the U.N. Security Council to meet resolution. lowing: The White House approach still our common challenge. We will work,’’ The evidence is clear. And the argu- specifically authorizes at this time the the President said, ‘‘with the U.N. Se- ments against acting do not stand up use of force on a unilateral go-it-alone curity Council for the necessary resolu- to hard-headed reality. basis. That is, without Security Coun- tions.’’ Saddam Hussein is a deadly threat, a cil authorization. Second, the White Acting in this manner, the President threat we have ignored, put off and House approach authorizes the use of was setting in motion the same process used every excuse for not finally deal- force beyond dealing with Iraq’s weap- that was used when Iraq invaded Ku- ing with for too long. ons of mass destruction and their wait in August of 1990. At that time, We cannot afford to wait anymore. means of delivery. then-President Bush on November 29, After September 11, the world has The resolution I will be introducing 1990, obtained U.N. Security Council changed. It is time for us to act. It is is consistent with how I think most authorization for the use of force if time for us to be bold. Americans want us to proceed. It em- Iraqi forces did not withdraw from Ku- God bless this republic and our Great phasizes the importance of dealing wait by January 15, 1991. President People. with Iraq on a multilateral basis and it Bush assembled a coalition of 39 na- I yield the floor. withholds judgment at this time on the Mr. REID. I suggest the absence of a tions that included Arab nations, Bah- question of whether the United States quorum. rain, Egypt, Oman, Qatar, Saudi Ara- The ACTING PRESIDENT pro tem- should go it alone, should go unilater- bia, Syria, The United Arab Emirates, pore. The clerk will call the roll. ally against Iraq, should the United and Muslim nations Afghanistan, Ban- The legislative clerk proceeded to Nations fail to act. gladesh, Morocco, Niger, Pakistan, call the roll. My alternative resolution does the Senegal, Sierra Leone, and our NATO Mr. LEVIN. Mr. President, I ask following: First, it urges the United ally, Turkey. unanimous consent that the order for Nations Security Council to adopt The Senate and the House of Rep- the quorum call be rescinded. promptly a resolution that demands resentatives passed a joint resolution The PRESIDING OFFICER (Mr. CAR- unconditional access for U.N. inspec- authorizing the use of force to achieve PER). Without objection, it is so or- tors so Iraq’s weapons of mass destruc- implementation of the U.N. resolution dered. tion and prohibited ballistic missiles on January 12, 1991, almost 7 weeks Mr. LEVIN. I ask unanimous consent may be destroyed; and within that after the U.N. acted, and 3 days prior to I be allowed to speak for up to 30 min- same U.N. resolution authorizes the the U.N.’s deadline. utes. use of necessary and appropriate force The fact the United States went to The PRESIDING OFFICER. Without by U.N. member States to enforce such and obtained U.N. authorization for the objection, it is so ordered. resolution in the event Iraq refuses to use of force meant that, with very few RESOLUTION ON IRAQ comply. exceptions, the world was united in Mr. LEVIN. Mr. President, I come to My alternative resolution will also support of the United States and the floor today to speak in support of specifically authorize the use of the against Saddam Hussein. It did not an alternative resolution which I will United States Armed Forces, pursuant mean the United States was going to be introducing, and to explain why I to that U.N. Security Council resolu- war against an Arab nation. It meant believe it is the right way to go, and is tion if Iraq fails to comply with its that the world community, with the a better alternative than the White terms and the President informs the participation of Arab nations, was tak- House approach. Congress of his determination that the ing action against Iraq. It did not mean At the outset, it must be noted that United States has used appropriate dip- the United States was going to war whatever differences there may be lomatic and other peaceful means to against a Muslim nation. It meant the among us, the one thing which we can obtain compliance by Iraq with such world community, with the participa- all agree upon is Saddam Hussein is a U.N. resolution. tion of Muslim nations, was going to tyrant and a threat to the peace and My resolution affirms under inter- war against Iraq. It resulted in the stability of the Middle East. He has national law and the U.N. Charter, the sharing of risks and the sharing of used weapons of mass destruction United States has at all times the in- costs of war. against his own people and against herent right to use military force in Also important, the United Nations, Iran. He has launched invasions of Iran self-defense, affirming the fact there is by its approval, gave unquestioned and Kuwait. For the last 11 years, he no U.N. veto over U.S. military action. international legitimacy to the United has defied the will of the entire world, The alternative resolution which I will States-led military action. And the as expressed in United Nations security be introducing affirms that Congress United States, by seeking U.N. ap- resolutions, by refusing to destroy his will not adjourn sine die so that Con- proval, cemented the credibility and weapons of mass destruction and pro- gress can return to session to consider the relevancy of the United Nations. hibited ballistic missiles. promptly proposals relative to Iraq if, President Bush has now gone to the Another point which I believe there in the judgment of the President, the U.N., as his father did before him, and is a consensus on among Members of U.N. Security Council does not adopt laid out the issues with the following the Senate is the fact that confronting the resolution I described above. words: the threat posed by Saddam Hussein It provides further that the President All the world now faces a test and the could lead to committing U.S. military report to Congress every 60 days on the United Nations, a difficult and defining mo- forces, including ground forces, into status of efforts to have the U.N. Secu- ment. Are Security Council resolutions to be combat, and that the vote we take on a rity Council adopt such a resolution, honored and enforced, or cast aside without resolution relating to Iraq may be the and if such a resolution is adopted, to consequences? Will the United Nations serve most important vote we make this obtain compliance by Iraq with the res- the purpose of its founding, or will it be ir- year. olution. relevant? The United States helped found the Whether we commit our forces to at- Many were relieved when the Presi- United Nations. We want the United Nations dent of the United States went to the to be effective, and respectful, and success- tack Iraq as part of a United Nations ful. We want the resolutions of the world’s authorized coalition, or whether we go United Nations and rightfully declared most important multilateral body to be en- it alone, could have immense con- the Iraqi threat is ‘‘exactly the kind of forced. And right now those resolutions are sequences for our security and for fu- aggressive threat that the United Na- being unilaterally subverted by the Iraqi re- ture peace and stability in the Persian tions was born to confront.’’ The Presi- gime. Our partnership of nations can meet Gulf and the Middle East and beyond. dent reminded the world that Iraqi ag- the test before us, by making clear what we That is why I will be introducing an al- gression was stopped after the invasion now expect of the Iraqi regime. ternative resolution. of Kuwait ‘‘by the might of coalition That test for the United Nations was The resolution agreed to between the forces and the will of the United Na- laid out clearly by President Bush. Ne- White House and House leadership fails tions.’’ In calling upon the United Na- gotiations are going on now among the

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9936 CONGRESSIONAL RECORD — SENATE October 4, 2002 permanent members of the U.N. Secu- of Kuwaiti archives, which is a require- use force if Iraq does not comply with rity Council. We all pray they will ment of one of the U.N. resolutions its terms, we are not giving the United meet the test, and that is why my reso- which the White House resolution says Nations a veto. Rather, we are getting lution specifically urges the Security we will go to war to enforce. from the United Nations strength and Council to adopt, promptly, a resolu- That language saying we will use international credibility and legit- tion that: force for purposes other than the elimi- imacy, should military force be needed. demands that Iraq provide immediate, un- nation of weapons of mass destruction The alternative resolution which I conditional, and unrestricted access of the separates us from the one nation that will offer is clear about the fact that United Nations weapons inspectors so that has been our most faithful and trusted we are not giving the U.N. a veto. We Iraq’s weapons of mass destruction, nuclear- ally, Great Britain. British Prime Min- are just seeking support from the world weapons-usable material, ballistic missiles ister Tony Blair and British Foreign community before we decide whether with a range in excess of 150 kilometers, and Secretary Jack Straw made clear on to go it alone. related facilities are destroyed, removed, or This is a similar approach to what rendered harmless; and authorizes the use of numerous occasions that Great Brit- necessary and appropriate military force by ain’s willingness to go to war with Iraq Prime Minister Tony Blair said re- member states of the United Nations to en- is to destroy Iraq’s weapons of mass de- cently in an interview with David force such resolution in the event that the struction. Why on Earth would we Frost. Prime Minister Blair is quoted Government of Iraq refuses to comply. want to divorce ourselves from Great as saying, ‘‘I do not think that the U.N. Congress has a test that we have to Britain? Even if we abandoned the ef- will avoid the issue; but if they do, face as well, and that test, in my view, fort to unite the world, why would we then we’ll see at that time.’’ is to support the President’s request to emphasize the only apparent difference In his testimony before the Armed the United Nations and not to do any- that we have with Great Britain? Services Committee on September 23, thing that will undermine the effort to But the most important question, in former Chairman of the Joint Chiefs of get the United Nations to do what the my opinion, is whether we decide to go Staff Gen. John Shalikashvili ad- President has requested that they do, it alone at this time, to go to war with dressed the issue of acting pursuant to and that, in my judgment and I think or without the support of the world a U.N. Security Council resolution that in the judgment of most of us, they community. In my view, a go-it-alone authorizes the use of force in the fol- should do. approach, where we attack Iraq with- lowing manner: In other words, if Congress endorses out the support and participation of I am convinced that such a resolution the use of force, even in the absence of the world community, entails serious would in fact be a powerful tool, and I say a U.N. authorization at this time, what risks and could have serious con- that for a number of reasons. First of all, we it does is enable the members of the sequences for us in the Middle East and need to impress upon Saddam Hussein that he is not just facing the United States, but Security Council to take a pass on the around the world. It makes a dif- that he is facing the will of the majority of use of force. They can avoid taking a ference. It makes a difference, when de- the world. tough position on the basis that the ciding to use force, whether or not the We must also ensure that we have made it United States will act no matter what use of force has the support of the possible for as many of our friends and allies the U.N. does. world community. to join us. Some of them privately tell us I think we all want the U.N. to be rel- If we go it alone, will we be able to they would do so, but that it’s difficult for evant and credible. We want the U.N. secure the use of airbases, ports and political, internal reasons, whatever, very to succeed. We do not want the U.N. to supply bases, and overflight rights in difficult to do so without the United Nations having spoken on the issue. Some of them be relegated to humanitarian and dis- that region? Those rights and those ca- believe deeply that you should go to war aster relief and other tasks that are pabilities are so important to the suc- only—unless you’re directly attacked—that useful to international peace and secu- cess of a military operation against you should go to war only with the sanction rity but are not essential. Saddam. of the United Nations. Others just have that I believe if it is done wisely, we can If we go it alone, will there be a re- in their culture. unite not only the Congress, but ulti- duction in the broad international sup- Finally, I think it’s important from a secu- mately the world community, on a port for the war on terrorism, includ- rity point of view, because every time we un- course of action that we all seek: The ing the law enforcement, financial, and dermine the credibility of the United Na- tions, we are probably hurting ourselves elimination of Saddam Hussein’s abil- intelligence cooperation that is so es- more than anyone else. We are a global Na- ity to threaten the world with weapons sential? tion with global interests. And undermining of mass destruction. In other words, If we go it alone, will that destabilize the credibility of the United Nations does our focus should be on uniting the an already volatile region, undermine very little to help provide stability and secu- world and not dividing it. governments such as Jordan and Paki- rity and safety to the rest of the world. Let me say that again. I strongly be- stan, and possibly end up with a radical General Shalikashvili ended by stat- lieve that the test for Congress is to regime in Pakistan, a country that has ing, ‘‘So I see nothing but value added help the President lead and unite the nuclear weapons? for the United States to try our very world, and not divide it. If we go it alone, if we go it without best to get that kind of a resolution.’’ The resolution the White House sup- the support of the world community, General Clark, the former NATO Su- ports authorizes the use of military will Saddam Hussein or his military preme Allied Commander, who testified force with or without world commu- commanders be more likely to use at the same hearing, echoed the views nity support. In addition to letting the weapons of mass destruction against of General Shalikashvili and added ‘‘we members of the U.N. Security Council other nations in the region and against need to be certain we really are work- off the hook, the adoption of that type our military forces in response to our ing through the United Nations in an of resolution tells the world that the attack than would be the case if he effort to strengthen the institution in United States is ready to act unilater- faced a U.N.-authorized coalition, par- this process and not simply checking a ally, to go it alone, and the Congress is ticularly if that coalition included block.’’ not even willing to wait to see if the Muslim nations as the coalition did Those two former senior commanders United Nations will act to follow the during the gulf war? were concerned, of course, not only President’s request and unite the world If we go it alone, will other nations with the diplomatic and political as- to enforce its resolutions before decid- view our action as a precedent for pects of working through the United ing we will go it alone. threatening unilateral military action Nations, but also with the practical Moreover, by not limiting the au- against their neighbors in the future? impact that not going through the thorization for the use of force at this If we go it alone, will we be undercut- United Nations would have on the ac- time to the destruction of Iraq’s weap- ting efforts to get other countries to tual conduct of a war. ons of mass destruction and their help us with the expensive, lengthy General Joseph Hoar, former Com- means of delivery, the White House res- task of stabilizing Iraq after Saddam is mander in Chief of U.S. Central Com- olution endorses the use of force for re- removed? mand, the command with responsi- gime change and for a host of other By seeking a U.N. resolution that bility for the Middle East region, in- purposes as minor as getting the return will authorize U.N. member states to cluding Iraq, testified that:

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9937 And the Arab countries, while they are United Nations. We are so committed I thank the Chair. I yield the floor. supporting us in private, have a serious prob- to your acting to enforce your resolu- Mr. BAUCUS. Mr. President, I first lem in convincing their populations that this tion and to authorize member states to compliment my good friend from is the right thing to do. And so I believe that Michigan. He is one of the more we have to give them top cover, as well, and enforce those resolutions with military we will do that with the United Nations. force—we are so committed to that thoughtful Members of this body, ad- On an operational level, I would just point course and we believe it is so impor- dressing a very grave issue. out this, that, for example, if you can’t bring tant that we force Saddam Hussein to ARMED FORCES TAX FAIRNESS ACT OF 2002 Saudi Arabia into the coalition to be able to open up to inspections and to disarm, Mr. President, as we debate the de- use, at a minimum, air space, but, ideally air we are so committed to that—that this gree to which the United States and bases as well, the complications associated Congress in my alternative resolution the Congress should be giving author- with carrying out a military campaign will ization to the President of the United grow exponentially. authorizes U.S. military force now in We need them. We need a broad base. We the expectation and the hope and the States to commit military action, a de- need it for the political reasons as well as belief that you as a United Nations cision which affects all of us as Ameri- the military reasons that we all understand. body will authorize member nations to cans, I also want to point out there is It will make the whole job a great deal easi- act. another group of people whom we have er. And, in the long run, as Wes (General This alternative approach—called neglected, and that is our armed serv- Clark) said, in our relationship with these The Multilateral Use of Force Author- ices personnel, in many of the provi- countries in the future, it will expedite and ization Act of 2002—provides for the use sions of the Tax Code. ease our ability to do business after the mili- I am now going to explain several tary campaign is over. of force pursuant to a subsequent provisions of a tax bill we passed last General Hoar’s testimony points out United Nations Security Council reso- lution that authorizes United Nations night which will have a very direct, the practical problems that result if we positive effect on millions of Ameri- are using military force against Iraq member states to use force. It withholds judgment at this time cans individuals, and those are our men without the support of the world com- and women serving in our Armed munity. The Saudi Foreign Minister on the question of whether the United States should go it alone unilaterally Forces and our Foreign Service. has stated that if there was a Security For several months, the Finance Council Resolution backing military against Iraq. It doesn’t preclude that. Should the President call us back into Committee has been working on tax action, all United Nations members legislation that would affect the indi- would have to honor it. But he made session and seek that authority, it does not preclude that at all. viduals who fight our country’s wars. clear that Saudi Arabia remained op- As our Nation responded to the attacks posed in principle to a unilateral at- If we authorize the use of our mili- tary forces on a go-it-alone basis at on 9/11, as military personnel went tack by the United States. The inabil- through Afghanistan to fight the ity to use Saudi airspace—no less this time—at the time we are seeking United Nations support—we will send Taliban and to break apart the al- Saudi air bases—would be a major im- Qaida network, Senator GRASSLEY and pediment to the use of military force the wrong message to the United Na- tions. Telling the United Nations that, I began looking at how the Tax Code against Iraq. affects those who defend our national The position of European allies need if you do not enforce your resolutions, we will, not only send an inconsistent security. to be considered as well. As the Wash- We consulted first with Senator message, but it lets the United Nations ington Post reported last Monday, a CLELAND, who chairs the Personnel senior European official responding to off the hook. We should be seeking to unite the Subcommittee of the Armed Services the United States going it alone, said Committee. He and his staff pointed ‘‘A lot of Europeans would feel they’d world against Saddam Hussein and not divide it. The best chance of having out several areas where the tax law had been put in an intolerable position.’’ not kept up with changes in military Saddam Hussein comply is when he For those who would agree to partici- compensation. We reviewed military looks down the barrel of a gun and sees pate militarily, ‘‘it would be less a coa- tax legislation that was introduced by the world at the other end, and not just lition of the willing than of the various Senators, including Senator dragooned.’’ the United States. So our focus should be securing a MCCAIN and Senator DEWINE. That says a lot. We listened to the problems that United Nations resolution that can It is very important that we care- other Senators had identified through unite the world; that has the best fully consider the short-term and the discussions with their constituents. I chance of forcing compliance; that re- long-term effects of unilateral action went back home to my State, Montana, by the United States, and whether we duces the risk to our forces and to our to Malmstrom Air Force Base in Great need to make a decision on that at this interests throughout the world; that Falls, to meet with military leadership point when we should be pressing all of avoids to the maximum extent possible there. I also worked with Major Gen- our energies for United Nations action, the negative consequences, if force is eral Prendergast of the Montana Na- and—as my alternative resolution required, including the loss of coopera- tional Guard. He provided a great deal does—letting the United Nations know tion on the war on terrorism; and that of assistance as we crafted this pack- we are ready to enforce their resolu- has the best chance of isolating Sad- age. tion. dam Hussein rather than isolating the The Finance Committee met with the My alternative resolution specifi- United States. Armed Services Committee leadership, cally authorizes the use of American This resolution, again, does not de- Senator LEVIN and Senator WARNER, to forces in support of a United Nations termine that we will not go it alone if discuss these proposals. The result is, resolution. My alternative doesn’t wait the United Nations does not authorize last night the Senate unanimously to see what the United Nations will do. the use of force. It withholds judgment passed the Armed Forces Tax Fairness My resolution puts the focus on getting on that very difficult and very dif- Act of 2002. the United Nations to act, and says in ferent issue. But it says in that case, if I come to the Chamber today to ex- advance to the United Nations that we the United Nations does not act, that plain this bill in a little more detail, to will authorize military force and use it the President can convene us quickly pay tribute to the men and women who in support of the resolution that we are in order to seek authorization for going serve in our military and Foreign Serv- seeking. it alone should the United Nations not ice, and to pay tribute to the Senators It is very different than waiting for act in a prompt way. who helped shape this legislation. the United Nations to act, which, in The vote that we take may have sig- I will begin with military death gra- fact, is what we did during the gulf nificant consequences for our children tuity payments. war. This body didn’t vote on author- and our grandchildren. I believe our se- In 1986, the U.S. Government paid izing military force until after the curity is enhanced when we seek the death gratuity payments to the fami- United Nations authorized member authority and the credibility of the lies of military personnel who died in states to use force. United Nations, and if military force is the line of duty. That was $3,000. Prior My alternative resolution is stronger required, that it is used with the full to 1991, none of that was taxable in- than that. It is a strong message to the support of the world community. come to the estate.

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9938 CONGRESSIONAL RECORD — SENATE October 4, 2002 In 1991, the Congress increased the ther close a military installation or In addition, substantially all of the gratuity death benefit to $6,000, and, substantially change a military instal- members must be military or spouses regrettably, we failed to exclude all of lation—have the effect of changing the or widowers of the members. The trou- that from taxable income. So $3,000 of value of the home of someone in the ble is, a lot of military organizations, a that death gratuity was treated as tax- military. lot of these organizations, veterans or- able income. Here is an example of what happens ganizations, would like to expand the So the proposal we passed last night today. Let’s say the value of a home definition of membership to include an- is one that restores the full tax exclu- prior to the BRAC decision was cestors and lineal descendants, and we sion of the death benefit gratuity. So $140,000. Then the sale price, after the have done that with the law that was now when the $6,000 is paid to the fam- announcement of the BRAC decision, passed last night. ily of the deceased military personnel, fell to $100,000; the loss, obviously, Finally, we are clarifying the treat- all $6,000 is paid tax free. being $40,000 on that home. ment of childcare subsidies. Currently, Another provision applies to the ex- Currently, the U.S. Government, the the military reimburses half the clusion-of-gain on the sale of a prin- military, in what is called the Military childcare expense. That is basically a cipal residence. The general rule, prior Homeowners Assistance Plan, will re- subsidy. Let’s say on average a sub- to 1997, for most taxpayers, is that they imburse that person in the Army, the sidized benefit for two children is would have the gain on their home ex- Air Force, the Navy. It is a formula. In $7,700. The current exclusion for cluded, so long as they replaced their this example, the reimbursement would childcare subsidies today is $5,000. That home within 2 years after its sale, so be $30,000 out of the $40,000 loss. Unfor- is the limit. No more than $5,000 can be long as the principal place of their resi- tunately, under current law, that excluded from a person’s income to dence was established 2 years after the $30,000 law is fully taxable income to date generally. We are now clarifying sale. someone in the military. So what we the law so that for military personnel, We provided a break for the military have done is said: No, none of that the childcare subsidy portion of 50 per- at that time, prior to 1997, and that is, military reimbursement is taxable. It cent is fully excluded from taxable in- the military personnel could replace is not taxable. come. their home within up to 8 years. They Another change is this. We have ex- I believe these changes will go a long were given an additional 6-year period tended the filing delay rules to contin- way. I thank my colleagues for making within which to replace their home and gency operations. So now it will not tax law more fair to military per- still get the full exclusion from the only be for combat zones but also for sonnel. We have neglected them over gain on their home. contingency operations. What does the years. This makes the laws much In 1997, Congress changed the law that mean? That means, when someone more fair to them. After all, they are with respect to exclusion of gain on the in the military is overseas, currently, serving us, helping make this country sale of a principal residence. The new if he or she is in a combat zone, that continue to be the greatest country on law provided that the taxpayer must person gets to file a delayed filing date earth. We are deeply indebted to all of live in a home for at least 2 years of of 180 days after departure to file his or them. I thank Senators who helped with the 5 years preceding the sale of that her tax return. We are extending this this legislation, provided ideas, who home. That has been the standard rule to apply to not only combat zones but worked with us to make sure these are since 1997. also to contingency operations when in a form that should be enacted into The Congress, however, neglected to military personnel are sent overseas. make this special change for our mili- law. Next we are changing the tax treat- I yield the floor. tary personnel, neglecting to recognize ment with respect to our Reserve offi- The PRESIDING OFFICER. The Sen- that military personnel travel a lot cers—Army Guard, Air Guard,—when ator from Iowa. more, which is not of their choice, be- they are on reserve, when they are off EDUCATION cause of their military orders as to in training, so that they are not penal- Mr. HARKIN. Mr. President, as I where they are stationed. ized for the expenses they have in- have every day and will every day we So the general rule has been the curred when they were in training. are in session, I will make a few re- same for them, and it has made it very This is above-the-line deductions for marks, and then ask unanimous con- difficult for them, because sometimes overnight travel expenses of National sent to go to the education appropria- they cannot live in their principal resi- Guard and Reserve members. For ex- tions bill, to bring it up so we can de- dence, their home, for 2 years of the ample, let’s say Reserve Sergeant bate it and get the funding out there preceding 5 years to get the full exclu- Jones—basically the rank would be E– for our schools. I have warned the Re- sion. 5—is on a weekend drill. His take-home publican side, I said every day I am So what we have done is this, essen- pay would be $200. His weekend drill ex- here, I am going to ask unanimous con- tially. We have suspended the 2 years penses might be $65 for travel, roughly sent to bring it up. out of 5 rule for military personnel $110 for lodging, and meals for $25, also Our schools need this money. If we go when they are on active duty or when totaling $200. That is not reimbursed. to a continuing resolution, we could they are in the line of duty, stationed That is an expense that the reservist or lose up to $1 billion in funding for spe- someplace else around the world, some- the person in the National Guard has cial education. We could lose up to $700 place different from their principal res- to incur him or herself. That is not re- million in title I so we can really help idence. It is suspended during that pe- imbursed. our schools truly leave no child behind. riod. So when they come back to their So we are saying, OK, we will take Pell grants for our kids going to col- principal residence, then the 2 out of 5 that full cost of overnight travel ex- lege, there is an increase in the edu- years begins to apply. penses, and that will be an above-the- cation funding bill for middle-class So it is much more fair to military line deduction from that person’s tax- kids to go to college under the Pell personnel now, so they will also, in ef- able income. That is an above-the-line grant system. That will not be there fect, as with other taxpayers, be able deduction. The expenses are deducted for them, either, if we go into a con- to get the full exclusion from the sale above the line. tinuing resolution. of their principal home so long as they We have two more items. Again, the Republicans are holding live there 2 of the 5 years. Another change in legislation that up funding of education. I don’t know Another change is the Military passed last night, essentially, is to ex- why. I have heard all these speeches Homeowners Assistance Program. tend the definition of Qualified Vet- about the President going around the Under current law, the homeowners in erans’ Organizations. Today, the mem- country, banging on the podium, say- the military, who stay at a base that bership test is 75 percent of the mem- ing he wants the Congress to act. Well, has changed because of BRAC—the bers—let’s say, the American Legion or we are here to act. We are here to Base Realignment and Closure Com- the Veterans of Foreign Wars,—75 per- move. The education funding bill mission—sometimes experience a loss cent of the membership has to be passed the subcommittee unanimously. in the value of their home. The results present or past military personnel. It passed the full committee unani- of BRAC recommendations—they ei- That is current law. mously.

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9939 I have tried for 2 or 3 days in a row Before putting that request to the That is not allowing the Senate to to bring it up. Yet every time I try to Chair, again, I add, this has been work its will as it should. bring it up, there is an objection from cleared on this side. Nobody on the I happen to have waited many years the Republican side to moving to the Democratic side objects to this unani- to be on the Finance Committee. I education appropriations funding bill. mous consent request. So I put the re- waited for a purpose. I thought it was I will ask unanimous consent again quest to the Chair. such a prestigious committee because to bring this up today. I see we don’t The PRESIDING OFFICER. Is there it dealt with issues I like dealing have any Republicans on the floor objection? with—Medicare, Medicaid, welfare, So- right now. I see my colleague from Or- Mr. NICKLES. Mr. President, reserv- cial Security, and taxes. Not to be able egon waiting to speak also on another ing the right to object, I might ask my to do a markup on bills such as this, on topic. I know Senate comity requires friend and colleague from Montana, which almost always we would have a we have at least someone from the chairman of the Finance Committee, I markup—we would have a bipartisan other side on the floor before pro- am just wondering—I happen to be a consensus and maybe then it could pass pounding a unanimous consent request. Member of the committee. I can’t re- by unanimous consent through the I have said repeatedly, every day I member a markup—did we mark up Senate. am here I will be offering this, so it this bill in committee? But I don’t think we did anything on should come as no surprise to the Re- Mr. BAUCUS. Mr. President, there the wage index for rural areas or on the publicans I am trying to bring up a are so few days ramaining in this ses- outpatient payment system. I know we unanimous consent request to move to sion that in order to help American didn’t do anything on prescription the education appropriations bill. I will hospitals, American doctors, bene- drugs. So, regretfully, at this point, hold off a couple of minutes. ficiaries who desperately need this bill, unless there is—I ask my colleague, I ask unanimous consent that I yield and with so little time remaining, as how much does this bill cost? the floor to my colleague from Oregon, chairman of the committee I feel I (Mrs. LINCOLN assumed the Chair.) and then when one of the Republicans have an obligation to the people of Mr. BAUCUS. In answer to the ques- shows up on the floor, we could inter- Montana to get this legislation up and tion, my good friend knows that Octo- rupt his speaking to move to my unani- passed. There are so few days remain- ber 1 has come and gone. That means 15 mous consent request at that point in ing. We are on the Iraq resolution, percent of home health care provisions time. which is going to take a lot of time. We that we have to address—large nursing The PRESIDING OFFICER. Without are on homeland security, which is not home cuts—the so-called ‘‘cliff’’ that objection, it is so ordered. passed. We have all the appropriations we have to address—and teaching hos- The Senator from Oregon. Mr. WYDEN. Mr. President, I ask bills not passed. As a service to the pital provisions, and after October 1, people of the State of Montana, as a we have to move. I also say to my good unanimous consent that Senator BAU- service to the American people, and be- friend from Oklahoma that the ranking CUS, who I know has a unanimous con- sent request to make at this time—and cause this is a bill Senator GRASSLEY, Republican on the committee and I then I could follow him for my re- the ranking member of the Finance spent a lot of time talking with staffs marks—I would like to let Senator Committee, and I have worked out to- of Senators on both sides, including BAUCUS make his unanimous consent gether, working with all Members of that of the Senator from Oklahoma— request at this time, and then per my the committee, trying to find an agree- all Senators on the committee and unanimous consent request, when Sen- ment, which Senator GRASSLEY and I their staffs. This is the bill we all agree ator BAUCUS has completed, I would do have, an agreement to the provi- on, Senator GRASSLEY agreed to. This then make my remarks. sions of this bill, this is by far the most has been worked out very thoroughly, The PRESIDING OFFICER. Without efficient and best way to get the help and it has been around a long time. objection, it is so ordered. to the people in our States who need The Senator well knows the provisions UNANIMOUS CONSENT REQUEST—S. 3018 this legislation passed. of the bill. There was a selective error Mr. BAUCUS. Mr. President, I ask Mr. NICKLES. If the Senator will on one—that is, we do address the wage unanimous consent that the Senate yield further, I am a little disgruntled. index factor. Most importantly, this proceed to the consideration of S. 3018, I am a Member of that committee. I has to pass quickly to help our people. a bill to amend title 18 of the Social had some issues. Senator SESSIONS The cost of the bill is $43 billion over 10 Security Act; that the bill be read a wanted me to work with him to do years. third time, passed, the motion to re- something for the wage index for rural Mr. NICKLES. It is $43 billion over 10 consider be laid on the table, and that areas. I understand that is not in the years. If the Senator will yield further, any statements thereon be printed in bill. what is the cost over 2 or 3 years? I had a provision I wanted to do deal- the RECORD at the appropriate place. Mr. BAUCUS. I don’t have that esti- I might say before I put the question ing with the outpatient prospective mate because we have been dealing to the Chair, as Senator HARKIN has payment system. I understand that is with 10-year figures here. So it is cal- said, there are no Members of the body not in the bill. There was nothing done culated over 10 years. They are very on the other side, the Republican side, on prescription drugs. Senator SNOWE good provisions. When this comes up who I know, if here, would object. This and many of us wanted to do some- for a vote, in whatever form, it is going has been cleared on the Democratic thing this year. We never had a mark- to get a large vote. side. up on that issue in the Finance Com- Mr. NICKLES. Madam President, the This is the Medicare give-back bill. It mittee. bill was introduced, I believe, on Mon- has been cleared on the Democratic So waiting until the last minute, we day. It was printed in the RECORD, I be- side. have known, frankly, of the necessity lieve, on Tuesday or Wednesday. Many I might say in all fairness—here he to do some type of adjustment. The of us—most all Senators, including is. I was going to say, the failure of House passed some of these provisions most on the Finance Committee—have someone to appear is tantamount to an months ago. The Senate, to never have not had a chance to look at the bill. I objection from the other side. a markup, never to schedule one even don’t believe it dealt with the wage I will repeat the request for the ben- in the Finance Committee, to debate index for rural areas, at least satisfac- efit of my good friend and colleague and let all Members—not one and torily to Senator SESSIONS and myself. from Oklahoma. maybe two Members—to offer amend- I don’t believe it dealt with out- I ask unanimous consent that the ments, to come up with a Medicare ad- patients. I know it didn’t deal with pre- Senate proceed to the consideration of justment bill, I think, is not letting scription drugs, which Senator SES- S. 3018, a bill to amend title 18 of the the Senate work. To come up and say SIONS and others want to deal with this Social Security Act, the bill be read a we introduced a bill—correct me if I year. third time, passed, the motion to re- am wrong, I believe it was placed on We may be willing to do something, consider be laid on the table, and that the calendar Wednesday, and on Friday but before we pass bills by unanimous any statements thereon be printed at they want to pass it without letting consent—introduce bills on Wednesday the appropriate place in the RECORD. somebody offer other amendments. and say we want to pass them Friday—

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9940 CONGRESSIONAL RECORD — SENATE October 4, 2002 it is going to take a little more bipar- object—the majority leader has the and you would vote on it. If you didn’t tisan work. There has not been enough right to move to any bill he wants to like it, you moved to table it. We of that. Maybe two Senators are in move to. It is one of the prerogatives of didn’t do either of those. We just let agreement on this bill in the com- the majority leader. If he wishes to the bill amble along and take up the mittee. But other committee members move to the Labor-HHS bill, he has to entire month of September. are entitled to look at it and to have set aside a few other bills. I happen to Then we have the Department of some input and have a little more of a think we should finish the appropria- Homeland Security. I do not know if chance to figure out what is in it. To tions bill we started a month ago, the we are any closer today than we were introduce a bill or have it put on the Department of Interior bill. If he really when we started the day after Labor calendar Wednesday and say we want wants to move off the Interior bill and Day. We are on that bill now for the to pass it on Friday by unanimous con- go to Labor-HHS, the majority leader fifth week. People are running to the sent, I don’t think is a proper way to can do that. Chamber saying: We need to pass an legislate. Also, all of us have known I don’t know what kind of games are appropriations bill; we are just going October 1 was fast approaching. As I being played. People are running to the to do it by unanimous consent. That is mentioned before, the House passed floor saying, ‘‘I want to pass this bill,’’ a pretty crummy way to legislate. We this months ago. There is no reason, in and it never was marked up in com- did not know we were running out of my opinion, to not have a markup in mittee or ‘‘I want to pass this,’’ and we time; we did not know October 1 was the full committee. There is no reason want to do unemployment compensa- coming; we did not know it was the be- in my mind. We didn’t have a markup tion. And some people said on the floor, ginning of the fiscal year. There is on prescription drugs in the full com- oh, it is a straight extension, but it gross ineptitude as far as management mittee. I don’t think you should dis- costs about three times as much as a of the appropriations process and the enfranchise members of the committee, straight extension. I have not figured budget process. some of whom have waited a long time out all the differences, but we find out I used to be a member of the Appro- to be a member. For those reasons, I it is much more expensive. It is not a priations Committee. I still am a mem- object. good way to legislate. They say we are ber of the Budget Committee. It is the The PRESIDING OFFICER. Objec- going to pass unemployment com- first time since 1974 that we have not tion is heard. pensation legislation, and it was esti- passed a budget. Because we did not Mr. HARKIN. While we are waiting, mated by the proponents that it might pass a budget, unfortunately, it has Madam President— cost $10 billion or $12 billion. Now I get really clogged up the appropriations Mr. BAUCUS. Madam President, I estimates it is going to cost $18 billion. process. Now the Interior bill is back know the Senator is concerned about a The proposal was made a moment ago on the calendar. We have homeland se- couple provisions, and I would like to to do Medicare adjustment, and the curity, which the majority leader clarify what the costs are. There are cost was estimated by the proponents promised the President we would pass. provisions here with respect to wage at $43 billion. I have not even had a We thought we would pass it before the index for rural hospitals. We clearly chance to look at it. So one proposal August break. We have not done it, and want to do the best we can, and all was $17 billion, dealing with unemploy- we are well into October. these provisions cost a little bit of ment. Now we are on the Iraq resolution money. The provisions suggested by I guess this proposal by the chairman and, hopefully, we will be able to con- Senator SESSIONS would cost about $10 of the Finance Committee is $43 bil- clude that shortly. I happen to be one billion over 10 years. That will be in lion, and that is $60 billion. Most of the who wants to do the appropriations addition to the $43 billion that is al- expenses are over the first couple of bills, but the majority leader is the one ready there. years, certainly on unemployment who sets the agenda, and he is the one For the Senator’s information, we compensation, and I would think on who calls up the appropriations bills, did rough calculations for 2 years, and the Medicare adjustment bill as well. not individual Senators calling them it would be about $10 billion for the And then on successive actions we have up and saying: I have my bill; let’s pass cost of the bill. people running to the floor saying: I it today. No one gets to look at it; no Mr. NICKLES. If the Senator will want to pass a unanimous consent, and one gets to know how much is in it. No yield further, you estimate the cost I hope a Republican will object, and one gets to know whether it is signable over 2 years to be $10 billion? then we can say we didn’t pass that bill or not. Mr. BAUCUS. Yes. because a Republican objected—not The bill the chairman of the Finance Mr. NICKLES. Let me work with my telling people, wait a minute, did these Committee is promoting today has a colleague. I may be willing to come things go through committee? Do we lot of provisions that I am sure a lot of back with a counteroffer in the not too have an idea how much they cost? Senators want. I would like to get a distant future, pulling in a few other That is a pretty crummy way to leg- bill the President will sign. I would members of the Finance Committee islate. The fiscal year just began Octo- like to get a bill that does not bust the and maybe the administration. I would ber 1, but we didn’t know it was going budget. I would like to get a bill that like to see us do something this year in to come, so we will go to the floor. I is responsible. Maybe we can do that. I this area. It is not too late. I haven’t have made umpteen speeches this am willing to work with colleagues. had a chance to review the proposal month as to why are we not marking But if you are going to come to the that the chairman is trying to pass this up bills and passing the Interior bill. floor and pass a bill dealing with an un- morning. I am happy to look at it. I am We should have passed the Interior bill employment compensation extension, happy to look at what others are try- in 2 days. We got stuck on a provision it is going to take unanimous consent. ing to do. We may make a counteroffer dealing with fire management. Several We are not going to be able to pass a in the not too distant future. Senators said they wanted to have bill that costs $17 billion or $18 billion UNANIMOUS CONSENT REQUEST—S. 2766 flexibility on how to deal with fire in when we might be able to do a straight The PRESIDING OFFICER. The Sen- their own States. The Senator from adjustment for $5 billion or $6 billion. ator from Iowa is recognized. South Dakota got a fix in for his State. It is the same for the Medicare ad- Mr. HARKIN. Madam President, I They are able to do it in South Dakota. justment bill. It is going to have to be ask unanimous consent that the major- I compliment him, but shouldn’t the a unanimous consent package that all ity leader, after consultation with the rest of the West be able to have fire people sign off on, not just two, and all Republican leader, turn to the consid- management tools to get out some of members of the Finance Committee eration of S. 2766, the Labor, Health the dead timber so they don’t have should have a chance to review it and and Human Services and Education ap- such enormous fires? That is what sev- say: Yes, this is a good package. propriations bill. eral Senators have asked. Yet we have I will work with my colleagues. We The PRESIDING OFFICER. Is there not even been able to get a vote on pass a lot of legislation by unanimous objection? that proposal. consent, but it takes bipartisan co- Mr. NICKLES. Madam President, re- If you were managing a bill in days operation to do it. I do not think we serving the right to object—and I will past, you would have an amendment, have seen evidence of that enough. I

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9941 hope we will see it in the next few days we are going to have to move much questions that are before this country. as we conclude this very unproductive more rapidly. This editorial really sums it up. They year in this session. The majority leader is going to have point out literally that Democrats Madam President, I yield the floor. to call them up. I hope maybe we can have practically done somersaults to The PRESIDING OFFICER. Under change and have a more productive address these important questions that the previous order, the Senator from week. I hope it is just a week and not colleagues on the other side and the ad- Oregon is recognized. 2 weeks. ministration have with respect to Mr. WYDEN. Madam President, I ask Mr. BAUCUS. Will the Senator yield homeland security, and this morning in unanimous consent that the Senator for a question? one editorial in the New York Times, from Montana speak next to respond Mr. NICKLES. Yes. they say on the other side of the aisle and then, per my unanimous consent Mr. BAUCUS. I wonder if the Senator there is an inexcusable filibuster tak- request, I will make my comments fol- can make a telephone call to the other ing place on a measure that is of great lowing those of the Senator from Mon- body and have them send over appro- importance to this country as we tana. priations bills so we can pass them struggle to win this war against ter- The PRESIDING OFFICER. Without over here—they have not sent over ap- rorism. objection, it is so ordered. Objection propriations bills yet—in the spirit of Madam President, I ask unanimous was heard to the prior request. comity. consent that editorial be printed in the Mr. BAUCUS. Madam President, I Mr. NICKLES. I will be happy to urge RECORD. thank my friend. We are down to the my friends and colleagues in the House There being no objection, the mate- last several days. It is important we all to pass more appropriations bills, but rial was ordered to be printed in the work together. As we all know, under frankly, they are reticent to do so be- RECORD, as follows: Senate rules, that number 60 means a cause the Senate is working off much IMPASSE OVER HOMELAND SECURITY lot, particularly with so few days re- different numbers than the House. Al- The prospect of war so dominates Wash- maining, not knowing exactly how ways before, when we passed a budget, ington that vital elements of the campaign many days remain, but we all know ultimately the House and the Senate against terrorism have fallen by the wayside. there are not many of them. It is im- worked off similar numbers, the same One victim is the drive to establish a new Homeland Security Department by consoli- portant we all work together. gross numbers. So there is a reason the House is reluctant to pass bills because dating disparate parts of the government I thought it unfortunate the Senator into an agency to protect Americans from used the words ‘‘gross ineptitude’’ in they are going to pass them at lower figures than the Senate, and they feel attack. Such a department has widespread managing the budget process and the support in Congress, but President Bush is appropriations process. I am sure he as if that puts them at a disadvantage foolishly holding up its creation by demand- did not really mean that because, in when they go to conference. ing complete freedom to hire and fire those the spirit of comity, in working these I do not know that I agree with that. working there. He claims that such power is issues out, the Senator well knows I know Senator HARKIN was on the needed to run the department properly. both sides are trying to work out solu- floor wanting to pass Labor-HHS. The There is no basis for such a claim. Moreover, House has not passed Labor-HHS. I the Democrats have made key concessions tions, and sometimes there are Sen- never believed constitutionally that we on personnel management for the depart- ators on both sides who have their par- had to wait on the House. Some people ment in recent weeks that give the adminis- ticular views which tend to impede or have made that argument, but that is tration almost everything it wants. Yet Mr. slow down the work of the majority. Bush and his Republican allies are inexcus- not constitutional. The Senate does That happens on both sides of the aisle. ably filibustering a homeland measure that not have to wait on the House of Rep- I urge we work together and find has a majority of votes in the Senate. resentatives to pass an appropriations ways. Honey attracts more than vin- For months after Sept. 11 last year, Mr. bill—a tax bill, yes, not an appropria- Bush and the Republicans adamantly op- egar, we all know that. I am trying to tions bill. posed efforts to create a department for do- figure out a way to get more honey Mr. BAUCUS. That is the point I was mestic security. When support for such a around here and a little less vinegar so going to make, revenue bills, yes. Ap- measure grew, the White House shifted tac- we can do what we all want to do. I propriations bills are not required in tics. Behind closed doors it wrote a bill that would give radical powers to the president to know the Senator agrees with that. the Constitution. However, it has been The PRESIDING OFFICER. The Sen- hire, fire and punish employees without due a matter of tradition for years. ator from Oklahoma. process and to hire people from the outside Mr. NICKLES. I understand. without respect to Civil Service rules. Since Mr. NICKLES. Madam President, I The PRESIDING OFFICER. The Sen- appreciate my colleagues’s remarks. there were no consultations with the depart- ator from Oregon. ments being consolidated, it was obvious He mentioned 60 as a magic number. At Mr. WYDEN. Madam President, I ask that this demand came more from ideology this point, 100 is the magic number. So unanimous consent to speak up to 20 than from a careful look at what was needed it takes a lot of bipartisan work and minutes. to run the new department. cooperation to get things done because The PRESIDING OFFICER. Without A group of conservative Democrats has right now we have to do a lot of legisla- objection, it is so ordered. joined with Senator Lincoln Chafee, a Rhode Island Republican, to give Mr. Bush substan- tion by unanimous consent. BUSINESS OF THE SENATE I think my statement of gross inepti- tially what he wants. The bill would confer Mr. WYDEN. Madam President, I had on him the power to decertify union affili- tude in dealing with the budget process intended to talk on energy, but since ation for any federal workers because of na- is probably pretty accurate. I was not our good friend, the distinguished Sen- tional security concerns, but it would re- defining any one Senator, but we have ator from Oklahoma, is here and talk- quire him to declare that their mission had not passed a budget. That is a pretty ing about getting the important busi- changed in a way that justified such a move. significant failing. We have passed one ness of the Senate done in the last few This is a wholly reasonable limitation. The every year I have been in the Senate days, I wish to reflect for a minute on bill would also give the new agency head more flexibility than now available to offer for the last 22 years. It is never easy how we are in these delays, particu- but is always done. Because we did not raises, shift someone’s job or punish an em- larly on issues such as homeland secu- ployee. But it would also require a good-faith get a budget done this year, we do not rity. effort to consult with the employee or union have the appropriations bills done. It I note that the New York Times this and submit any disagreements to a federal has led to a whole chain of failures. morning points out that on the home- panel whose members would all be appointed This is the first year—you have to land security bill—and I am going to by him. give Congress an F in the appropria- quote from an editorial in the New In trying to eliminate even these narrow tions-budget process. We have not sent York Times: limits on presidential prerogative, Mr. Bush has accused the Democrats of putting ‘‘spe- to the President one appropriations . . . the Democrats have made key conces- bill, other than a continuing resolu- cial interests’’—by which he means unions sions on personnel management for the de- and workers—above the nation’s security. tion. Not one. I hope we can break that partment in recent weeks that give the ad- But one might equally argue that Mr. Bush, train. I hope we can pass several appro- ministration almost everything it wants. in refusing to compromise, is making the na- priations bills, certainly the Depart- It is clear Senators on this side are tion’s security secondary to the administra- ment of Defense, and I hope others, but very anxious to attack the serious tion’s union-busting conservatism. If the

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9942 CONGRESSIONAL RECORD — SENATE October 4, 2002 homeland security bill goes down, it will kill gether, as far as I can tell by the en- Our country urgently needs an en- not only a vital consolidation of federal ergy conference at this point, this ergy policy that meets our national se- agencies but also such measures as an inde- country would actually be increasing curity needs and our economic needs, pendent commission to investigate the Sept. consumption of gasoline by billions of 11 attacks and increased funding to protect especially as the prospect of war with container ports against possible nuclear gallons. Iraq looms on the horizon. If the en- bombs. In the waning weeks of this session, Where is that oil going to come from ergy conference can produce a bill that Mr. Bush should compromise for the sake of to meet the increased demand for gaso- actually does it, I think one of the one of the nation’s most urgent priorities. line that I think will be required by the most patriotic steps the Congress can ENERGY POLICY conference as the bill is written now? take now is to pass that legislation. If Mr. WYDEN. Madam President, as It is not going to come from the United Congress cannot come up with an en- our country faces the possibility of war States. Our Nation has only 3 percent ergy bill that actually meets those with Iraq, one of the most patriotic of the known oil reserves in the world. challenges, maybe there should not be steps our Nation can take is to change Almost two-thirds of the reserves an energy bill at all. our energy policy and reduce our de- come, in fact, from the Middle East. In- That is not what I want. I want a bill pendence on foreign oil. stead of reducing dependence on for- that takes away the weapons of those Today, more than half of our Na- eign oil, the energy conference has around the world who are using oil tion’s oil is imported from overseas. adopted provisions that would increase against this country. That is one of the Reducing our dependence on foreign oil consumption and, my guess is, increase key challenges we face. would reduce threats to our Nation’s imports from the Middle East. As I go home to Oregon—I am sure economy and security, whether from Better fuel economy could have saved this is true in Arkansas, Montana, and enemies who would do us harm, like millions of barrels of oil a day, almost all of our States—I see such extraor- Saddam Hussein, or simply the greed of as much as U.S. imports from the Per- dinary patriotism at this time. The the OPEC cartel. sian Gulf. The energy conference not people of our country understand we If Congress passes an energy bill that only has missed the boat as far as re- face extraordinary threats around the truly reduces our dependence on im- ducing oil imports, it missed the super- world, and I want us to come together tanker when it failed to adopt an in- ported oil, that would be important. It to show that we understand how creased fuel economy standard. would be a strategic security action. strongly we feel about the concerns of Reducing our dependence on oil im- Passing the right kind of energy bill, in fact, would advance our Nation’s en- our citizens and that we identify with ports would clearly strengthen our en- the patriotism that we see in our com- ergy and our national security. It ergy security, our economic vitality, and our strategic interests. I fear Con- munities every day. One of the most would provide an additional measure of patriotic steps that can be taken now economic security. gress may pass legislation that has the is to change our energy policy, stop Reducing oil imports also strength- word ‘‘energy’’ in the title but does lit- those who are using oil as a weapon ens our economy by reducing our vul- tle or nothing to reduce our depend- nerability to shortages and price ence on foreign oil. That will not against us, and to actually pass energy spikes. And it would be patriotic. As strengthen our national security. That legislation that reduces our dependence our Nation does face the possibility of will not strengthen our economic secu- on foreign oil. I yield the floor. war, this would reduce our vulner- rity, and it is going to send the wrong The PRESIDING OFFICER. The Sen- ability to one of the enemy’s most pow- message around the world to all of ator from Montana. erful weapons. So far this year, the those who would use oil as a weapon United States has been importing more against the United States of America. NEGOTIATIONS REGARDING A U.S.-CHILE FREE TRADE AGREEMENT than 600,000 barrels of oil per day from There are those who are going to try Iraq. to claim the energy bill could meet all Mr. BAUCUS. Madam President, I How does the energy bill currently in the goals if only the Congress opened want to take a few minutes today to the House-Senate conference reduce the Arctic National Wildlife Refuge to discuss the trade negotiations that are our dependence on foreign oil and drilling. But even if Congress author- currently taking place with Chile. strengthen our Nation’s security? The ized drilling today, the oil produced Let me get straight to the point. short answer is it does not do enough. would be too little too late to reduce We worked tirelessly this year to re- The best way to reduce our dependence our reliance on foreign oil. Even the invigorate our trade agenda by passing on imported oil is, in fact, to take spe- rosiest scenarios show if the Arctic Na- the Trade Act of 2002. This legislation cific steps that do that. That is the tional Wildlife Refuge is open to drill- includes, as most people know, an ex- critical yardstick—my guess is a lot of ing, it would provide only a 6-month tension of fast track negotiating au- Americans might call it a dipstick— supply of oil, and it would take about thority—something which was stalled that could be used for measuring the 10 years to even do that. for nearly a decade. importance of any energy bill that Drilling in the Arctic National Wild- We were able to pass that legislation Congress passes. life Refuge is certainly a risky propo- only after agreeing on a delicate bal- I happen to think the best place to sition. The U.S. Geological Survey, in ance for new trade negotiations—par- look for those energy savings is in the their most likely scenario, estimates a ticularly on the issues of labor and en- transportation sector. All the evidence profitable yield of just 2 billion barrels. vironment, investment, trade laws, and shows the best place to look is in the If that is the case, the Arctic National congressional consultations. transportation sector with the cars, Wildlife Refuge drilling, at peak pro- The first test of this new legislation trucks, and sport utility vehicles all of duction, would supply no more than 1 will likely be the U.S.-Chile Free Trade us drive each day. By that measure, percent of America’s projected daily Agreement. Those negotiations are in the conference has basically left us petroleum needs. the final stages—and they are down to stalled by the side of the road. By comparison, the National Acad- some of the most controversial issues. At a time when the fuel economy has emy of Sciences says the fuel economy Let me say at the outset—I have sunk to the lowest point in 21 years, savings needed to reduce our depend- been an advocate for trade negotiations the conference agreed on provisions ence on foreign oil would be achieved with Chile for several years. that amount to savings of less than 1 using existing technologies. And as recently as several weeks ago, mile per gallon. Think about that: At a That is the choice, use existing tech- I felt confident about this agreement. time when fuel economy has sunk to nologies, technologies today that are Most importantly, the President had the lowest point in 21 years, the con- available in Arkansas, Oregon, Mon- just signed the Trade Act, which lays ference agreed on provisions that tana, and around this country, some- out Congress’s goals regarding new amount to savings of less than 1 mile thing we can look to now to stop those agreements. That legislation passed per gallon. That is doing virtually who are using oil as a weapon against with bipartisan support, particularly in nothing to reduce our dependence on us, or look at risky scenarios that do the Senate. foreign oil. not produce a whole lot and take a long At the same time, an agreement with The bottom line, when one looks at time to do it like drilling in the Arctic Chile makes sense—it is, first and fore- all of the fuel economy provisions to- National Wildlife Refuge. most, an important trading partner.

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9943 Last year we exported over $3 billion concerned about Congress merely ob- The establishment of an appellate worth of goods to Chile. And with an serving negotiations? Why are they re- body to review arbitration decisions in agreement, our opportunities should luctant to share documents with Con- investment disputes and bring coher- increase. gress that they plan to share with for- ence to the interpretation of invest- Completing an agreement with Chile eign governments? It suggests, perhaps ment provisions. will also increase pressure on other unnecessarily that there is something I am cautiously optimistic about the countries in the region, particularly to hide. administration’s approach to imple- Brazil, to let go of their protectionist The bottom line is this: There is no menting these objectives. tendencies, and instead work toward substitute for first-hand information. Early consultations suggest that their own agreements with the United There is no substitute for seeing and Congress’s instructions were under- States. evaluating events through your own stood. Because a free trade agreement with eyes. And having this greater trans- The one issue on which I have par- Chile seemed substantively promising, parency in the process could have ticular concern is the appellate body. I really viewed it as a major oppor- many benefits—better relations be- It is perhaps the most important as- tunity. Here is a chance, I thought, to tween the Hill and the White House, pect of the objective on investment. An take this great trade bill we passed, better agreements, and, I believe, a appellate body will help ensure that er- and use it to regain some momentum better likelihood that agreements will roneous conclusions of law are cor- on trade—to move beyond the argu- pass. Given the benefits, I cannot for rected and that text is interpreted con- ments of the past. the life of me understand why the ad- sistently from one case to the next. I now fear that some in the adminis- ministration would not make more of Given the potential for investor suits tration, and frankly some of my col- an effort to engage Members of Con- to challenge legitimate policies de- leagues, may be squandering this op- gress early in the process. signed to promote the public welfare, it portunity. In the trade act we also hammered is crucial that the decisions in these On issues that were critical to pass- out a clear direction to the administra- cases ‘‘get it right.’’ ing this bill—congressional consulta- tion to follow the so-called Jordan I realize that establishing an appel- tions, labor, environment, and invest- standard on labor and environment late body is a big task. It is something ment—some seem bent on clawing back issues—that is, non-derogation from new. The closest analogy under current the progress that has been made. existing laws and equal access to dis- investor-state dispute settlement rules Let me begin with consultations, and pute settlement. is what is known as ‘‘nullification.’’ In by that I mean real congressional par- Senator GRASSLEY and I agreed on certain circumstances, a party may ticipation in trade policy an equal this—it was key to moving forward— ask to have an arbitration award ‘‘nul- partnership. and we spelled this out very clearly in lified’’ by a court or other competent During negotiations of the trade bill, the Finance Committee report. body. However, the standard for nul- there was a clear understanding that In fact, just so everyone understands lification is extraordinarily high. The congressional trade advisors would be this point, let me read the exact provi- question is not whether the arbitrator able to observe negotiations. Yet just sion in the report that Senator GRASS- got it right, but rather, whether the ar- last week I sought to send one of my LEY and I authored: bitration process itself was fundamen- staff to observe—simply observe—nego- The provisions on labor and environment tally tainted. tiation between the U.S. and Chile. standards are ‘‘based upon the trade and We need something more than nul- labor and trade and environment provisions Ambassador Zoellick declined this re- found in articles 5 and 6 of the United lification review. We need an institu- quest. States-Jordan Free Trade Agreement. Those tion that will take a fresh look at arbi- The argument the administration provisions (including their coverage by the trators’ conclusions of law and decide makes is separation of powers. But, as Agreement’s general dispute settlement pro- whether they got it right. Justice Jackson famously remarked, cedures) have come to be known as the ‘‘Jor- It may be that we will not be able to the Constitution ‘‘enjoins upon its dan standard.’’ They seek to ensure that a build a new appellate body for investor- branches separateness but interdepend- country does not promote exports or attract state dispute settlement in the context ence, autonomy but reciprocity.’’ We investment by lowering or relaxing the en- of the Chile agreement over the course need some reciprocity to make the fast forcement of its environmental and labor of the next few months. However, it is laws. The agreement with Jordan accom- track deal work. plishes this through several commitments, my expectation that our negotiators The administration when criticized which the present bill directs negotiators to will continue this endeavor beyond the about consultations seems fond of re- pursue in ongoing and future trade negotia- formal initialing of that agreement, counting a list of times they have met tions. and that they will secure Chile’s com- with Congress. But these statistics To me, this is not ambiguous. Yet mitment to that endeavor. I want to have little meaning. The test of con- there are indications that both the ad- make it clear that any first steps short sultations is not the number of meet- ministration and some of my col- of true appellate review included in the ings; it is the willingness to hear sub- leagues would now like to ignore this U.S.-Chile Agreement should be under- stantive input and have that input re- clear direction in the Trade Act. They stood as just that—first steps. The flected in trade negotiations. do so at the risk of losing support—in- trade act’s objective requires that we Similarly, we in Congress certainly cluding my support—for future agree- go further. expect that the administration will ments. An agreement with Chile can be one allow us to see negotiating documents Finally, let me address the issue of of two things—if supported by a large far enough in advance to have a mean- investment. As many will recall, this bipartisan majority, it can put us on ingful opportunity to comment. That was one of the most contentious issues the right track for other agreements— means there must be enough time for in the Senate debate on the trade bill. agreements with Singapore and Mo- reasonable congressional suggestions The question is, in setting rules for ar- rocco, agreements for hemispheric free to be incorporated into U.S. negoti- bitration between investors and gov- trade. It can even help us achieve suc- ating potions. ernments, how do we balance the inter- cess in the WTO. In the first test, the results were ests of U.S. investors abroad with the Or this agreement can become a po- mixed. On the highly charged issue of interests of Federal, State and local litical battleground—where those in investment, a proposal was shared, but regulation here at home? In the trade Congress who were promised a partner- only one day before the latest round of act, we laid out a blueprint for achiev- ship of equals in trade policy feel negotiations with Chile were to begin. ing that balance. The objectives we set duped. Where commitments to agree- That is clearly not enough time to pro- in this area include: ments that reflect strong labor and en- vide Congress with the opportunity to Mechanisms for prompt dismissal of vironmental standards go unrealized. carefully consider and suggest revi- frivolous claims; I hope that I can strongly support an sions. Clearer definitions of key terms— agreement with Chile—I want to. And I These actions undermine confidence. such as ‘‘expropriation’’—based on U.S. know many of my colleagues who voted Why would the administration be so legal principles and practice; and for the trade act also want to. But I

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9944 CONGRESSIONAL RECORD — SENATE October 4, 2002 would caution the administration that undergirds the decision now to bring How can this Nation and how can they have responsibilities to Congress together a coalition of nations and for other nations just sit and wait? under this Act. And so far, they seem the Congress to speak with one voice To the everlasting credit of President willing to play fast and loose with with our President to try to avoid a Bush, our President, he has alerted the those responsibilities. I say respect- conflict. world, and he has taken those steps fully that they continue that path at Each day, I watch our President ad- necessary to prepare this Nation and their peril. dress this issue. Wherever he is trav- those steps necessary to engage every The PRESIDING OFFICER. The Sen- eling in the United States, time and possible diplomatic means to avoid ator from Virginia. time again he reminds the people: The conflict. That is the course of action he Mr. WARNER. Madam President, I last option is the use of force and war. is embarking on now here at home and suggest the absence of a quorum. Throughout the history of the world, in the United Nations and foreign cap- The PRESIDING OFFICER. The famous military leaders, George Wash- itals of the world. clerk will call the roll. ington and others, have said the best Madam President, I have been ad- The assistant bill clerk proceeded to way to avoid war is to show clearly the vised that one of our colleagues has a call the roll. preparations and the ability and the very tight schedule to enable him to Mr. WARNER. Madam President, I willingness to fight. return to his State. This Senator is ask unanimous consent the order for Through the centuries, that has prov- going to be available throughout the the quorum call be rescinded. en to be the most effective way to day. At this point in time, I would like The PRESIDING OFFICER. Without deter war. to yield the floor as a courtesy to a col- objection, it is so ordered. It is the desire of our President, it is league. Mr. WARNER. Madam President, I the desire of everyone privileged to I yield the floor. was privileged 2 days ago to join on the serve in the Senate, and indeed in the The PRESIDING OFFICER (Ms. floor with my esteemed colleague, Sen- House of Representatives, to avoid war. CANTWELL). The Senator from Ohio is ator LIEBERMAN of Connecticut, and But through the leadership of our recognized. Senator BAYH and Senator MCCAIN President, he has brought to the atten- Mr. VOINOVICH. Madam President, I when the four of us introduced the res- tion not only of the people of the thank the Senator from Virginia for olution which is the pending resolution United States but to the people of the extending the courtesy to allow me to before the body. We came together as a entire world the threat posed today by speak for about 13 minutes in regard to foursome, sort of, under the following Saddam Hussein. the resolution that is before us today. circumstances. The conflict in 1990–1991 was fought Madam President, after careful con- Senator LIEBERMAN and I, in 1991, by Saddam Hussein and repelled by the sideration, meditation and prayer to were the principal cosponsors of the coalition of nations led by the United the Holy Spirit for enlightment and resolution which authorized President States. That conflict, almost without wisdom, I rise today in support of the George Herbert Walker Bush to insti- exception, was fought with what we resolution before us. tute the use of force with the U.S. men refer to as conventional weapons—the We all recognize that the world is a and women in uniform together with tanks, the artillery people, the rifles, very different place than it was before numbers of uniformed individuals from and the hand grenades. We were fortu- September 11. In spite of the 1993 bomb- the coalition that he, President Bush, nate in that conflict that weapons of ing at the World Trade Center, the at- had put together in the fall of 1990 and mass destruction such as biological and tack on the U.S.S. Cole, and the at- early 1991. chemical were not employed to any tacks on our Embassies in Africa, the I had talked with Senators LIEBER- great extent. threat of terrorism was not taken seri- MAN and MCCAIN about this forth- I say that because Saddam Hussein ously enough by our country and the coming resolution, which our President had those weapons strategically placed rest of the world. The tragic events of requested. I happened to be among the with his various elements inside Iraq that day—our 21st century Pearl Har- Senate leadership in the Cabinet Room and some forward-deployed cache, if he bor changed the way that we and the when he spoke to us about a month or were to give the order to use them. So rest of the world perceive terrorism so ago indicating he would want the they were there. Indeed, the destruc- and weapons of mass destruction. For Congress to provide a resolution, given tion of some of the cache could well America, the loss of more than 3,000 the growing crisis that the world faces have had injured some of our troops. lives demanded this change and, as I with Saddam Hussein and his threat- That is still not fully known. But those said on 9/11, demanded that we ‘‘iden- ened use of weapons of mass destruc- weapons of mass destruction were tify those who committed these cow- tion. poised and ready for use. ardly acts, as well as those who encour- I think our President has shown ex- Now we know that in the years subse- age them through actions or silence, traordinary leadership in this crisis. I quent to that conflict—once he drove and make them fully pay for their remember vividly the fall of 1990 and the inspectors who were there in ac- crimes.’’ 1991 as the buildup was taking place. cordance with United Nations resolu- Saddam Hussein poses a clear threat But that buildup was taking place tions out of Iraq some 4 years ago—he to peace in the world, to America and against the background of the clear, has put the resources of his country be- our interests, to regional stability, and unwarranted, blatant use of force by hind replenishing those weapons and to his own people. After briefings by Saddam Hussein against the people of even building larger stocks and newer the Secretary of Defense, the Presi- Kuwait. Together with a number of our types—types that are now more easily dent’s National Security Advisor, the colleagues, I visited that region several transportable, types that can be con- Director of the CIA, and members of times. Ever so vivid is my memory of tainerized in weapons. the Joint Chiefs of Staff, I am con- the burning oilfields, of the capital of Here we are faced with the situation vinced that the threat is real. He has Kuwait severely damaged. It was some- of an individual who has extensively an arsenal of sophisticated chemical thing that was indelibly emblazoned in utilized in years past—not in the 1990– and biological weapons and continues my mind. 1991 conflict but in the war with Iran— to refine and manufacture them and The purpose of this resolution is to chemical weapons. He also used those develop ways to deliver them. He is show the resolve of the Congress of the chemical weapons against elements of working as if his life depended on it to United States, show the resolve of his own people who he was trying to re- acquire nuclear weapons and deliver other nations, not to let that happen press and subject to his tyrannical re- them. He supports terrorist groups and again. People say: Where is the smok- gime. encourages violence against Israel with ing gun? Let’s hope we do not have a So there is a clear case history of the cash payments to the families of sui- smoking gun. In other words, that gun use of these weapons. There is now a cide bombers. Although we have not will not have been fired, leaving a trail clear, documented case of open intel- connected the acts of al-Qaida and 9/11 of smoke, as it was in 1990 and 1991. ligence that he possesses larger stocks, directly with Iraq, we know that al- The rapid development of technology more versatile stocks and the ability Qaida is present there as are represent- in the decade-plus since that conflict to use them. atives of other terrorist groups.

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9945 After 9/11, do we doubt that terrorist that the U.N. back up these demands Nations. In section 3, the resolution al- groups would turn down the oppor- with the threat of force. lows the President to back up our di- tunity to get their hands on Saddam’s It is my hope and prayer that these plomacy with action, defend American weapons and use them against us? diplomatic efforts will succeed. How- interests against Iraqi threats and en- It is well documented that Saddam ever, if the world is to be safe from force U.N. resolutions concerning Iraq. Hussein has used chemical weapons Saddam Hussein, if we are to preserve In exercising the authority under against his own people and his neigh- stability in the Middle East, and if the section 3, the President is required to bors. According to the Center for Stra- United States is to be safe, then we—in first determine that reliance on diplo- tegic and International Studies, during cooperation with our allies—have to be macy alone will not succeed in pro- the Iraq-Iran War Saddam used chem- willing to take military action if our tecting our national security or lead to ical weapons in August 1983, against diplomatic efforts are rebuffed. enforcement of U.N. Security Council Iranians and Kurds, resulting in 100 In the event that military action resolutions. Also, he is required to re- casualties; in October and November of should be required, it should be done port that determination to Congress 1983 against Iranians and Kurds result- under the auspices of the U.N. or, in and make regular reports on the status ing in 3,000 casualties; in February and the alternative, in conjunction with of any military action. March of 1983 against Iranians causing our allies as we did in Operation Desert This version of the resolution is an 2,500 casualties; in March 1984 against Storm. That coalition successfully improvement over previous versions Iranians causing between 50 and 100 drove Saddam out of Kuwait and paid because it contains new language sup- casualties; in March 1985 against Ira- for $57 billion of the operation. A porting the President’s efforts in the nians causing 3,000 casualties; in Feb- broad, multinational coalition will U.N. to obtain Saddam’s compliance ruary 1986 against Iranians causing send a strong signal of international with Security Council resolutions. It 8,000–10,000 casualties; in December 1986 resolve not only to Saddam Hussein, also limits and defines the scope of the against Iranians causing 1,000 casual- but to others who seek to acquire authorization to use military force spe- ties; in April 1987 against Iranians weapons of mass destruction. It will cifically to Iraq instead of the entire causing 5,000 casualties; in October 1987 show that the international commu- region. It limits the duration of au- against Iranians causing 3,000 casual- nity will not sit idly by, but will in- thorization to the current and ongoing ties; and in March of 1988 against Ira- stead come together to confront grave threats from Iraq and clarifies that the nians and Kurds causing hundreds of threats to peace and security in the authorization to use force applies to casualties. world. the U.N. resolutions concerning Iraq. And, no one needs to be reminded Finally, should Saddam Hussein be The resolution today reflects com- that he invaded a peaceful neighbor removed from power as a result of mili- promise, is balanced, limited in scope, and committed countless atrocities tary action or internal upheaval, a and specific in its goals. Most impor- against the people of Kuwait until the strong international coalition will tantly, it reflects the importance of world community acted in concert to more effectively implement peace- putting diplomacy first and working drive him out. keeping and rebuilding efforts—re- with the international community to Saddam Hussein has thumbed his building efforts that can largely be solve the Iraqi threat. nose at the international community paid for with Iraq’s substantial oil re- Madam President, I do not take my for a decade by ignoring U.N. Security sources. If we are to count on the inter- vote on this resolution lightly and un- Council resolutions—resolutions that national community’s participation derstand the enormous impact it can required him to disclose his weapons throughout this effort then it is imper- have on the men and women who serve stockpiles, to disarm, and to cut ties to ative that we work to solidify their in our Armed Forces and their families, terrorist groups. He has lied repeatedly support from the very beginning. and on our country and the world. and has proven beyond any possible Let us be perfectly clear, Congress As Governor I served as the com- doubt that he cannot be trusted. has already enacted strong legislation mander-in-chief of the Ohio National Moreover, by example, Iraq encour- concerning Iraq. The Iraq Liberation Guard during Operation Desert Storm. ages other rogue nations and groups to Act of 1998 passed the Senate unani- I attended the funerals of those that follow its lead with a simple message: mously and passed the House by a vote did not come back and, because my ‘‘Go ahead and do what you want. The of 360–38. This legislation established wife Janet and I have lost a child, I un- world community does not have the that regime change is U.S. policy to- derstand the grief of parents and have backbone to stop you.’’ ward Iraq and it provided $97 million to an insight into the enormous loss to That example cannot be allowed to Iraqi opposition groups. surviving spouses and to their children. stand. Saddam Hussein is the neighbor- The resolution before us today puts a I also grieve for those we lost on 9/11 hood bully and only when neighbors premium on diplomacy first but backs and for their families and I vowed that come together and say enough is up words with actions if necessary. It I would do all in my power to make enough can he be stopped. He needs to is a significant improvement over pre- sure that we would never have another understand that the jig is up and the vious versions that, frankly, failed to 9/11. Madam President, I believe that world must act now together to protect adequately prioritize diplomacy and voting for this resolution will help me the peace by confronting this bully. the need for the U.S. to seek inter- keep my vow. I also believe that voting It is not only appropriate but essen- national cooperation. for this resolution will reduce the like- tial that members of the United Na- One of the concerns I have heard re- lihood of using force. tions come together to confront Sad- peatedly from Ohioans was the fear Madam President, I trust our Presi- dam Hussein, and I applaud the Presi- that the U.S. would go it alone and pre- dent. He is a man of good character. He dent for challenging the United Na- emptively strike Iraq without first has surrounded himself with one of the tions to reaffirm its relevance by reaching out diplomatically or engag- most experienced, knowledgeable standing up to Iraq. Already his diplo- ing the international community. I teams fielded by any President in my matic efforts have produced results. If would strongly oppose that course of memory starting with Vice President the President had not successfully action. The resolution before us today, CHENEY to Secretary Powell, Secretary crystallized international attention in my opinion, does not allow that to Rumsfeld and National Security Advi- with his speech before the United Na- happen. sor Condoleezza Rice. tions, then Iraq would not even have It makes clear the convictions of I have been briefed by State, Defense, started talking about letting inspec- Congress that the President should ex- the CIA and the White House. I wish all tors return. haust all diplomatic options first, but Americans could have sat in on these It is imperative that the U.N. Secu- if Iraq resists diplomatic solutions, briefings. rity Council pass a strong resolution then the President is authorized to use I believe the resolution before us that demanding that Iraq comply with U.N. all necessary means to enforce U.N. Se- was put together in bipartisan negotia- resolutions allowing for unfettered in- curity Council resolutions in Iraq. tions reflects the balance of power that spection without conditions, dismantle In section 2, the resolution calls on must exist between the executive and his weapons of mass destruction, and the President to work with the United legislative branches. It allows the

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9946 CONGRESSIONAL RECORD — SENATE October 4, 2002 President the authority to use force World War II. I did not go overseas at Even though I had those modest ex- but respects Congress’ power to re- that time. Fortunately, the war was periences of active duty, and then, I strict that authority. It reflects the concluded rather unexpectedly. But we must say, during the next major en- concerns of Congress that every diplo- were prepared, my age group of 17 and gagement, the war in Vietnam, I was matic effort be made first and that any 18, 19-year-olds, not unlike those today privileged to serve in the Pentagon, action take place in cooperation with in uniform, to follow out the orders of again, alongside the brave men and the international community. the Commander in Chief, President women of the Armed Forces of the May the Holy Spirit enlighten the Harry Truman. I have in my office United States who fought in that bat- leaders of the world to understand the today a small bronze statue of him tle, several of whom are serving in this true meaning of the Second Great Com- given to me by one of the veterans’ or- Chamber today: Senators MCCAIN and mandment to love they neighbor as ganizations as a reminder of the cour- HAGEL. Those are truly warriors. But thyself and may God continue to bless age that President showed at that time in visiting the battlefields in Vietnam America as we go forward. in our history. in the concluding months and years Thank you, Madam President. And I When I enlisted in January 1945, the after, 50,000-plus Americans were cas- thank the Senator from Virginia for al- Battle of the Bulge was just com- ualties in that conflict. Again, it was lowing me to make this statement on pleting. It was an extraordinary battle, the courage and the resolve of that my support of the fine resolution he where Hitler had thrown his last divi- generation and previous generations sions against the force that crossed the has put together. that undergird the same courage and Normandy beaches and had been work- The PRESIDING OFFICER. The Sen- resolve that is in the Armed Forces ing its way through Belgium toward ator from Virginia. today, if the Commander in Chief has Germany. I remind our audience today, Mr. WARNER. Madam President, I to give the order to engage them in thank our colleague for a very strong in that one battle alone, 41,000 Ameri- cans were killed, wounded, or missing conflict. statement of support. I know he has re- It is with a sense of deep emotion I in action, to give the proportion of the flected long and hard on this issue, and deliver these remarks today in support battles that our Nation, together with will continue to do so. He has searched of this resolution which I was privi- his conscience, reached his decision Great Britain, France, and others, were engaged in in that conflict. That is in leged with others to draw. and, in a most fitting way, concluded Senator LOTT, throughout the draw- comparison to the valiant efforts of our his remarks with prayer, which is so ing up of this resolution, has shown ex- troops today in Afghanistan, where the important as we go into these difficult traordinary leadership. His door and casualties, fortunately, are in the 100s times ahead. I hope at some point he his office were opened. He convened to 200s so far in their heroic efforts to might consider becoming a cosponsor turn the tide of terrorism. from time to time small groups of Sen- of the resolution. It is important to remind America of ators to sit down and gather their ideas With the resolution Senators LIEBER- the sacrifices of previous generations, and their thoughts. He continues to do MAN, BAYH, MCCAIN and I put before as we make this difficult decision. The that. Finally, the time came when the the Senate, we embark on this historic Battle of the Bulge was followed by administration, working actively with debate. One of my great recollections is United States forces in the Pacific, the group that was drawing up the res- of the debate we had in 1991 at the time when the Marines and elements of the olution, laid down a marker, and that the first George Bush was President, United States Army stormed Iwo Jima. is this resolution. and sought to use force. It was, with a That was a battle of some 6 to 7 weeks. My distinguished friend and col- deep sense of humility, one of the high- There 21,000 Americans were killed, league, the chairman of the committee lights of my career to have been on the wounded, or missing. Again, we always on which I am privileged to serve as floor as a comanager with then-Repub- have to reflect on the enormity of the ranking member, Senator LEVIN, en- lican leader Senator Dole and Senator sacrifices previous generations have gaged in his debate this morning in set- MCCAIN, Senator STEVENS, and others made to enable us to be standing here ting forth his ideas, which are very dif- who were working the management today with the same courage and con- ferent from mine. Perhaps there will be side of that historic debate. On the viction they had to face the dangers of other Senators who will come to the other side of the aisle was the distin- the world in this hour, on this day, and floor and set forth their ideas, which guished majority leader, Senator in the weeks and months to come. could be different from this resolution. Mitchell, a lifelong friend, Senator I remember so well the Korean war. We will see how, procedurally, the Sen- Sam Nunn, who at that time was chair- Again, I had the privilege of serving in ate addresses the differing views. But I man of the Armed Services Committee, the Marines. My two periods of mili- think those debates and differing views and I was ranking member. They took tary service were very modest. I am al- will add to the strength of the ultimate quite a different position. ways extremely humble when I am in resolution, which I respectfully say to The Nation experienced a very good the presence of others who served far my colleagues will be passed upon with debate by the Senate. Of course, at the more valiantly and displayed far more strong, bipartisan support behind the conclusion of that debate, only by a courage than I ever had the oppor- ultimate resolution and the form it mere five votes did the resolution—I tunity to display. I was able to serve takes. I believe it will remain as it is won’t say on our side of the aisle, but alongside brave men and some women today, but I will not make a prediction it was bipartisan—the resolution Sen- in both of those conflicts. as to what might occur. ator LIEBERMAN and I submitted to the Again, in the Korean war, for a brief We must pay due respect to our col- Senate prevailed. period, I served in Korea with the First leagues who have different views. But We are on the threshold of another Marine Air Wing. I remember the avi- the important thing is that the Con- debate of similar significance and pro- ators in our squadron. They flew every gress speaks with one voice with our portions. I welcome it, as do other col- day. Occasionally I was in the capacity President as he proceeds to address leagues, who at the moment do not of an observer with them. Again, I these issues in the United Nations and agree with the contents of the resolu- don’t put myself in the combat arms as he proceeds to engage other nations’ tion. We will see in the days to come category because I was a staff officer. I leaders to encourage them to accept the evolution of one of the greater de- remember they didn’t come home from the same responsibility the United bates in the contemporary history of those missions; several in the tent in States is prepared to accept in address- the Senate. which I slept. You are mindful of the ing the potential dangers of these One of the most difficult things any sacrifices when you have to take the weapons of mass destruction which are of us here in Congress, indeed, any cit- personal effects of your bunkmate, clearly possessed by Saddam Hussein izen of the United States, ever faces is wrap them in a blanket, and send them and his regime. a decision to authorize the use of the back home. This is, quite literally, a decision to Armed Forces. So those are the things that cross my put our Nation’s sons and daughters in I have been privileged myself to serve mind as I stand here today and as I will harm’s way. It is a decision that must twice in uniform, once as a 17-year-old stand on this floor in the days to come never be taken lightly. It is also a deci- sailor at the concluding months of as we pursue this resolution. sion we must be willing to make when

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9947 the security of our Nation or our vital Member of this Chamber who has not one of those weapons exist today, ex- national security interests are threat- spent a great deal of time already in cept maybe in a museum. They were ened. Today, our President and others studying the implications of this per- enormous cannons. The whole cannon have made it eminently clear that plexing conflict that looms with Sad- itself was probably half the width of those interests are threatened. dam Hussein, the individual, and his the Senate Chamber from the barrel Another interesting bit of history is immediate regime—not the people of back to the carriage where the shell that our Republic—some 200-plus years Iraq, but it is this dictator and those was put in the breech. old—has sent forth the men and women around him. Each of our colleagues has My father would say: You know, son, of our Nation in uniform—depending on spent time studying this matter. these oceans protect us, but if an the calculation you use—close to 100 We have received, in varying degrees, enemy were to come, this weapon fires times. Some calculations use 80, some briefings on the facts. My long-time 20 miles out to sea with enormous ac- 90, but it is roughly 100 times. friend, Senator STEVENS, the ranking curacy. This was a brilliant man, my The issue is often put to me as to the member of the Appropriations Com- father. He had seen war. He said: We Constitution, which created the two mittee and the ranking member of the are protected by the ocean. We are pro- coequal branches of our Government— Defense Subcommittee on Appropria- tected by our coastal defenses. the executive branch headed by the tions, and I conferred with our leader- He was proven wrong. In the first President of the United States, and the ship yesterday. I think there will be a place, those weapons hardly ever fired. legislative branch composed of the two similar initiative taken by the Demo- They were eventually, during World Houses of Congress, coequal in their re- cratic leadership to bring others in War II, melted down and the metal in- sponsibilities as it relates to the crisis early next week to provide further corporated in more modern artillery we face today and the crises we have briefings, particularly in the area of in- pieces. We did, however, as a nation, had over 200 years when about 85 telligence. experience warfare right off the coast times—I will use that figure—men and I have undertaken—I will speak for of Virginia and other coastal States on women have gone forth into harm’s myself—to encourage the administra- the Atlantic coast when the German way. The interesting thing is that in tion to see what further declassifica- submarine force began to sink mer- article I, section 8, of the Constitution, tion we can make of certain facts that chant ships. We were trying to supply it lays out the responsibilities of the could be important to each Senator as those nations abroad in Europe that Congress. I would like to read this: he and she reach their decisions on this were suffering the ravages of World The Congress shall have the Power to lay resolution—facts that will enable them War I, and those ships were sunk right and collect Taxes, Duties, Imposts and Ex- to go back home with coequal responsi- off the coast of Virginia. cises, to pay the Debts and provide for the bility to the duties we have in the I went back with my father one time. common Defense and general Welfare of the United States; but all Duties, Imposts and Chamber. It is going back home—as I To his astonishment, there on the Excises shall be uniform throughout the will do this weekend, with two sched- beaches was scattered the debris from United States. uled meetings with people and to talk those sinkings. Those are memories Then it goes on to enumerate with with my constituents about this reso- that I cherish and I keep. specificity the duties and the powers of lution, but more importantly, the over- I always remember those oceans have Congress. One is to declare war. What all problems that face this Nation protected us—those long distances. does that mean? Well, that is the ulti- today, as posed by this arsenal of weap- Saddam Hussein is up to 6,000 miles mate and most serious responsibility of ons of mass destruction possessed by away, and people in the security of our the Congress of the United States. But Saddam Hussein. homes say: Is he really a menace to us? as I look over those 80-plus times that I cannot tell you the satisfaction I We will see unfold here in the days to the men and women of the Armed receive—and I think others do—when come the story of how he can take the Forces have gone forward, only 4 times we go back home to our communities, weapons of mass destruction, he can in the 200-plus-year history has this whether large or small—and it is not take some of that biological material Congress ever declared war. My recol- necessarily whether they are Repub- and put it in the hands of the world- lection is the War of 1812, and then in licans, or Democrats, or Independents; wide terrorist organization, and we 1840, and—5 times—the Spanish-Amer- they are citizens, and they are focused only need to look at 9/11 to know that ican War, World War I, and World War on this problem. It has been my experi- organization existed then and still, to a II—5 out of the 80-plus times that the ence, in the past weeks particularly, lesser extent, to the credit of the ini- men and women have gone forward. that they are focused very intently on tiatives of our President and the men So why is it we are not declaring this problem. Many have their sons and and women in the Armed Forces, it war? Well, it would take too long to en- daughters serving in uniform today. possibly is not as powerful, certainly, gage my colleagues, in my own view, as Many now recognize, in the wake of the as al-Qaida, but it exists today. And if to why we do not declare war. What we tragedy of September 11 of last year, that technology manufactured by Sad- are about to do, let me say unequivo- that we no longer as a nation enjoy the dam Hussein gets into the hands of cally, has the same depth of serious- protections of being here in this coun- those terrorists—and I say as strongly ness and the same depth of con- try and so much of the threat being be- as we try to protect the borders of this sequences to the men and women in the yond the oceans. country, we put in a lot of measures to Armed Forces as does the constitu- If I may, I will enter into a little per- strengthen our borders, but it is not be- tional recitation of the power to de- sonal story. My father served in World yond risk that material could be smug- clare war. So it is an awesome one. War I. He was a young doctor who gled into this country and utilized in I respect the vote of every person in served in the trenches. I proudly hang such a way as to cause incredible dam- this Chamber with whom, I say with a his picture on the wall of my Senate of- age and destruction to human life and sense of humility, I have enjoyed fice—in uniform, in France, where he further complicate our ability to have friendships, working relationships— was decorated for valor and gallantry a security umbrella in homeland de- with some for the 24 years I have been for going to the front trenches to care fense to enable us to conduct our way privileged to serve here, almost a quar- for the wounded—wounded himself. I of life, perform our work at our places ter century, and with others who are remember when I was growing up and of business, and to live our lives. completing their first term, such as my the looming clouds of war began to It is very serious. This man has that colleague from Virginia, GEORGE make an awareness in this country in material. For example, open intel- ALLEN, with whom I have discussed the late thirties when I was a very ligence now shows, and the experts this in great depth. He has a searching young man and the forties that the have discussed this in the open, some mind, is intensely interested in the United States could become embroiled. of the manufacturing infrastructure of points of this issue, is clearly aware of He, of course, having deep roots in the the biological and possibly chemical the threat to this Nation, and is State of Virginia, took me on trips. We weapons are now on trucks, trucks of strongly in favor of this resolution. took a trip down the coastline in the the proportions we see on the highways But each will have their own con- area of Norfolk, VA. He wanted to show throughout this country; three or four science to serve. I doubt if there is a me the coastal artillery weapons. Not of those larger trucks put together at

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9948 CONGRESSIONAL RECORD — SENATE October 4, 2002 one location, the manufacturing capa- have, as a member of a coalition of na- that small little country he so dev- bility to build—manufacture perhaps is tions, prevailed in the gulf war of 1990 astated in 1990–1991. a better word—manufacture the bio- and 1991 had that plant finally, with Why now, is the question we hear in logical and chemicals weapons. We other elements of infrastructure, pro- this debate? And I pay respect to those know it is transportable because it can duced a nuclear weapon? who raise questions because I think it move about in those trucks. He does Stop and think about it. That war, in is important that the toughest of ques- that to provide deception and cover for terms of combat by the coalition tions are raised. his manufacturing capability. forces, was 100 hours of vigorous fight- The answer is simple. Enough is I will point out one other tragic fact. ing to repel Saddam Hussein’s forces enough. In this post-9/11 world, we as a This very institution, the Congress of out of Kuwait and drive them across nation cannot afford to wait while this the United States, together with our the border of Iraq. Could we have done evil dictator, who terrorizes his own postal system, suffered through an an- that war as successfully in the face of people and shelters those who terrorize thrax—that is a biological weapon—at- a nuclear weapon had he possessed it at others—just think, al-Qaida elements tack. To this day, no matter how hard that time? are now known to be within Iraq—ac- our investigative infrastructure has I remember going with other Mem- quires even more destructive capabili- worked—and they have worked hard— bers several days after the conclusion ties to attack and terrorize our Nation, we do not have the full story of how of the final hours of that war, visiting possibly his neighbors in the region that was done. the battlefield on the border of Iraq and the entire world. The leadership of our Senate and the strewn for miles with abandoned and Saddam Hussein brutally invaded Ku- House of Representatives, together burning equipment, where the Iraqi wait in August of 1990. In the ensuing with our infrastructure—the Secretary armed forces dropped their arms, fled Persian Gulf war, he was decisively de- of the Senate, the Sergeant at Arms, to their homes, and the safety they felt feated on the battlefield by the coali- the medical department, Admiral their borders provided. Had he had a tion of forces in that heroic battle of Eisold—worked to enable us to as nuclear weapon at that time, they roughly 100 hours. In the aftermath, Saddam Hussein quickly as possible resume the use of might not have turned, dropped their agreed—and the pictures are there of the Hart Building which was closed arms and ran. his representatives meeting in the down and took precautions in the Con- We know he is working on it. There desert to sign these agreements—to gress of the United States, most par- is unquestioned evidence to show he is comply with a number of U.N. Security ticularly the Senate, to carry on our working to obtain that category of Council resolutions. He was defeated. business. weapons. But the primary concern we The coalition forces made a decision Think of the disruption we experi- have at the moment is he actually pos- not to pursue the remnants of his be- enced. That is the type of threat we are sesses weapons of mass destruction in draggled fleeing army into Iraq, but addressing in this resolution. That is the category of biological and chem- they decided to impose upon Saddam the type of threat. ical. That is irrefutable in fact. Hussein and his regime a very strict In the days to come, I will have more The principal purposes resolution is set of resolutions in order to prevent specifics to share with my colleagues to authorize our President to use that any comparable use of aggression by and with those who are following this force if, and I repeat, if he deems it his forces beyond his borders. debate. necessary to remove the threat of Almost 12 years later, we are still None of us wants to see our men and those weapons for the security of our waiting for Iraq to comply with those women in uniform committed to for- Nation and other nations. international mandates. Saddam Hus- eign battlefields. None of us seeks a As recently as September 19 of this sein has defied the international com- war with Saddam Hussein. Our Presi- year, a week after President Bush ad- dressed the United Nations, Saddam munity for far too long. Diplomatic ef- dent has reiterated that almost every forts have not worked. Economic sanc- Hussein denied he has such weapons. It time he has spoken. I was privileged to tions have not worked. He has skill- was clear in 1984, when Saddam Hus- be with him the other day on the steps fully figured out how to evade those sein used chemical weapons against of his office when he addressed the Na- sanctions, to sell on the world oil mar- Iran, that he had such weapons. It was tion, and I had the privilege of saying ket. a few words in support at the time this clear in 1987, when Saddam Hussein His nation has the second largest resolution was introduced. used chemical weapons against his own known reserves of petroleum, second He reminded the Nation and the citizens in the Kurdish areas, that he only to Saudi Arabia, from which he world again: War, conflict is the last had such weapons. It was clear in 1994, can generate considerable oil reve- resort; that the strength and the re- after UNSCOM—those are the first in- nues—and that he has done in the ensu- solve that we take now is the best way spectors—had uncovered enormous ing years, skillfully evading the United to avoid that conflict. stockpiles, that he had such weapons. Nations clear restrictions on the use of There are times, again, we must be It was clear in 1998, when Saddam Hus- oil revenues; diverted it away from his prepared and willing to resort to the sein expelled UNSCOM inspectors from people, let them starve; diverted it use of force to protect our national se- Iraq that he had such weapons. It is away from food and medicine to care curity and the people of our great Na- clear in 2002, after 4 years without the for his people; diverted those funds into tion and those of our allies. This is one international United Nations inspec- building weapons of mass destruction. of those times, critical times, in the tors being able to perform their duties, The time is running late. That is why 200-plus years of our Republic. that Saddam Hussein has such weapons now. The time is now for Saddam Hus- The principal purpose of this resolu- and is urgently attempting to manu- sein to live up to the 16 U.N. resolu- tion is to authorize our President to facture and acquire more, most par- tions he has defied. use military force if—if—he deems it ticularly the nuclear capability of In my public life, I have had the necessary to remove the threat to our weapons. privilege of working with two very Nation and the world possessed by Sad- This resolution also authorizes the well-respected Secretaries of State, dam Hussein and his growing inventory President to use all necessary means to and I want to take a moment to quote of weapons of mass destruction—the ensure that Saddam Hussein complies these two Secretaries, George Schultz chemical and biological weapons this with the U.N. Security Council resolu- and Henry Kissinger. These are men evil man already possesses and the nu- tions which prohibit Iraqi support for who have dominated the international clear weapons he is racing to acquire— terrorism and terrorist organizations, scene and worked with world leaders I repeat, working to acquire. prohibits Saddam Hussein’s repression for many years. I know them both very My colleagues will recall in the early of minorities within his country, re- well, I am privileged to say. This has 1980s, Israel struck a bold move to quire repatriation and accounting for nothing to do with politics, nothing to bomb the plant that Saddam Hussein prisoners of war—that is the 1990 war— do with Republican versus Democrat. was utilizing at that time to build his which he was required to do but has de- These are their views as the elder arsenal of nuclear weapons. That set fied the resolution; and return of such statesmen. They are still both very ac- him back. I often wonder: Could we other property as owing to Kuwait, tive in international discourse, still

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9949 very active in trying to achieve peace As George Shultz said, time is Sad- charter. President Clinton directed and in the world. Extraordinary. They have dam Hussein’s ally, not ours. We must utilized force in December of that pe- not rested on their laurels and slipped join our arms in a solid phalanx to riod, had a bombing of Iraq when the back into blissful retirement. They repel the threats of the weapons of inspectors were driven out. But again, still remain on the cutting edge of di- mass destruction possessed by Saddam the United Nations began to go plomacy the world over. Hussein. through its motions and this Nation Secretary of State George Schultz re- Continuing in the testimony before and other nations felt we could entrust cently stated: the Senate Foreign Affairs Committee them with addressing that serious The danger is immediate. The making of last week, Dr. Kissinger testified. I problem recognized by President Clin- weapons of mass destruction grows increas- talked to Dr. Kissinger by phone. I do ton in 1998. But they failed. They ingly difficult to counter with each passing it occasionally, as do other Members of day. The moment is racing toward us when failed. The U.N. failed. Hussein’s possession of nuclear weapons the Senate. He is always available, no Let us hope they do not fail today or could transform the regional and inter- matter how busy or where he is in the tomorrow or in the weeks to come in national situation into what in the Cold War world, to take the calls from the Sen- devising a resolution, the four corners we called a balance of terror. ate Members from both sides of the of which I think this Nation has out- He is referring to that period when aisle. lined to the Security Council, which if our Nation and other nations were I was engaging with Senator LEVIN in it is a decision that inspectors once faced with an awesome inventory of an effort to have him testify before our again go back, then and only then they nuclear weapons possessed then by the committee, but travel commitments go back if it is a new regime with teeth Soviet Union. prevented that. He wanted to do it, but in it, backed up by the clear expression Strong determination in the Western said he would testify, if not before our of the use of force if, in fact, Saddam World—and led in the final days by a committee, before the Foreign Affairs Hussein does not cooperate, Saddam very courageous President, Ronald Committee. I commend Senator BIDEN Hussein does not allow them to per- Reagan, who said, tear down that wall, and Senator HELMS, Senator LUGAR, form their duties consistent with such Mr. Gorbachev, referring to the Berlin and others who persuaded him to come new directives as the United Nations wall. Because of the determination of down. may lay down. That process is now on In his testimony before the Foreign the free nations and because of the hold. voice of expression of so many people Affairs Committee, he said: who had been repressed in the Soviet Unlike previous centuries, when the move- Members of the Senate have had Union, that wall did come down. Today ment of armies foreshadowed threat, modern available to them extensive briefings we see a revived and strengthening na- technology in the service of terror gives no from senior administration, national tion of Russia. There is a clear example warning, and its perpetrators vanish with security, and intelligence officials on the act of commission. Cold war principles of of when forces of freedom gathered the situation in Iraq. We are con- deterrence are almost impossible to imple- tinuing with that consultation. These against the forces of oppression and ment when there is a multiplicity of states, were successful. are sobering, thorough assessments some of them harboring terrorists in posi- that have been given to Members. A I remember going to that wall with tion to wreak havoc. The concern that war Senator Moynihan, a wonderful, mar- with Iraq could unleash Iraqi weapons of common base of knowledge of these velous friend of mine from New York, mass destruction on Israel and Saudi Arabia facts is being gathered and presented as it was being torn down. We were is a demonstration of how even existing to the Senate—much classified but an part of a delegation. We actually went stockpiles of weapons turn into instruments increasing amount unclassified. But out with people who were gathered of blackmail and self-deterrence. Procrasti- that adds up to a clear threat that Sad- there who picked up their own ham- nation is bound to magnify such possibili- dam Hussein poses to the United mers and chipped off pieces of the wall. ties. States, to the region in which his na- The chip is on my mantle in the Sen- Both Secretaries join in concluding tion is situated, and to elsewhere in ate. That little chip reminds me of the in these remarks that time is Saddam the world. In particular, Saddam Hus- symbolism and the importance of na- Hussein’s ally. Time is not ours. sein’s relentless pursuit of weapons of tions resolving to have the strength to Again, I commend our president, mass destruction and the means to de- overcome oppression. President Bush, for the leadership he liver these weapons represents a Shultz said the moment is racing to- has shown on this issue. Saddam Hus- present threat and an immediate chal- ward us when Saddam Hussein’s posses- sein is a threat, not just to the United lenge to the international community. sion of nuclear weapon could transform States but to the world, with his re- That is the basic framework in which the regional and international situa- lentless drive to manufacture and ac- our President went to the United Na- tion into what in the cold war we quire weapons of mass destruction. We tions and gave his historic speech. I called the balance of terror. Some would not be having this debate in the think there is not one on either side of argue that to act now might trigger U.S. Senate had not our president fo- the aisle who does not respect that mo- Hussein’s use of the worst weapons. We cused the attention of the world on ment in the United Nations when our must have that in mind. Such self-im- this threat to freedom. President stood up and challenged Time and time again, abroad, at posed blackmail presumes easier judg- them to live up to their charter. ments when he is even better equipped home, wherever he is, he stops to I remind my colleagues that the than now. ‘‘Time is his ally,’’ con- points out this threat. We would not Iraqis agreed in writing on April 6, cluded Secretary Shultz, ‘‘not ours.’’ have in the United Nations at this very 1991, just weeks after the 100-hour war Ours, being the United States, Great hour the consideration of a new and had concluded, in a letter to the U.N. Britain, whose Prime Minister has strong resolution, we would not be hav- Secretary General from the Iraqi For- stood steadfast with President Bush in ing this debate in the United States at eign Minister—Iraq as a nation accept- the resolve to alert the people of both this very hour, had not this courageous ed the cease-fire conditions as em- of our Nations to the potential dan- President of ours for months and bodied in U.N. Security Council Reso- gers. months brought to the attention of (Mr. DAYTON assumed the Chair.) this Nation that time is not on our lution 687. It is very clear. It is all a Mr. WARNER. Prime Minister Tony side. matter of record. Not today, but next Blair, whom I have been privileged to President Clinton, to his credit, in week I will put that resolution and its be with on several occasions, has 1998, brought this to the attention of full text in the RECORD. shown enormous courage, in the face of the Congress, sought and received a Prior to that, we all watched as Iraqi dissension among his own political resolution from the Congress which in generals, at the direction of Saddam party, dissension of the people in Great many respects is parallel to this. But Hussein, met in a tent. I remember the Britain who marched in the streets, then again, and I do not criticize the pictures very well. It was a tent in the 100,000, but that is the burden put on President; I simply point out the fact middle of the desert, at the Safwah leadership, be it in Great Britain, of history, Clinton felt the United Na- Airfield in Iraq, with Gen. Norman America, or elsewhere, to go and ex- tions would step in and pick up their Schwarzkopf. What an American hero plain. responsibility as required by their he was. I had the privilege, together

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9950 CONGRESSIONAL RECORD — SENATE October 4, 2002 with many of my colleagues, to visit he would have me read the newspapers of our Nation and to the world its sup- him on several occasions. As a matter with him. I remember the world was port of our President, squarely and of fact, I remember one time on our shocked in the 1930s, the late 1930s, overwhelmingly—with no daylight fourth trip over there, he said to us— when Mussolini, in a bolt out of the whatsoever—between how we stand and he was a man who had a good sense blue, invaded Abyssinia—a small na- firmly behind our President. That is of humor—if I see any of you back here tion presided over by a world-renowned the purpose of this resolution. again, I am going to put you in khakis statesman and President, Haile I say this as my own view: To the ex- and send you out into the battlefield. Selassie. tent that Congress joins and supports I remember that. He had a good sense I remember when I first came to the our President and sends that message of humor. But he used to brief us thor- Senate, he came to Washington and a unambiguously to the international oughly and carefully. What a magnifi- group of us went down and had break- community—most particularly to the cent individual: The right man at the fast with him. I will put in the RECORD United Nations and to Saddam Hussein right place at the right time. at another time the quotes of Haile with this resolution as now drafted—is Anyway, at that airfield, General Selassie, pleading with the League of to the extent to which we will be able Schwarzkopf, the commander who had Nations to come and rescue his tiny to get a strong and decisive action led the forces of the coalition in that little nation from, in those times, the from the United Nations. 100-hour engagement, discussed the high-tech Italian Army decimating his We are making success. The reports conditions of a cease-fire. He witnessed country. are this morning that Hans Blix—who the signing of the papers. He trans- What did the League do? It debated, has been deputized here in the past mitted those papers to the United Na- it debated, it debated, it debated. It did years to begin to work out plans for tions. Colleagues, those conditions nothing. such further inspections in Iraq—when have never been met by Saddam Hus- I remember there was one press re- Hans Blix came back he was ordered to sein and his regime. That is why we are port. The reporters covered these de- the Security Council. The thought this gathered here today for this debate. bates, covered what the League was morning was that he believes before he Last month, our President gave an discussing. One day, finally, the goes back that he wants to see what historic speech, as I said, at the United League decided to issue a press release. actions the Security Council will take Nations, challenging the U.N. to live It said something to the effect that: to enable a new regimen of inspection up to its responsibility as stated in ar- There is a hope that we can make a lit- to be effective and not to be thwarted ticle I of the United Nations Charter, tle progress. by Saddam Hussein. and I quote his remarks: That reporter said: I don’t know how We are, at this hour, at a very impor- . . . to take effective collective measures I can report in truthfulness that press tant juncture. I hope this body, as well for the prevention and removal of threats to release when in fact I am privy to as the House of Representatives, will the peace. being in closed session, behind closed send a resolution that will have no In my view, President Bush was doors, and seeing that the League is daylight that could be exploited most clearly there not to seek a declaration doing nothing—nothing to resolve that certainly by some of those nations that of war but to challenge this important conflict. And nothing they did. They do not share the threat now that we organization to live up to the terms of limped on as an irrelevant inter- know exists and that could be used not the charter. That speech was one of the national body throughout much of only against us but against them, pos- finest and most important speeches World War II and finally packed up sibly. It is my firm conviction that diplo- ever given by a head of state of any na- their remnants of files and furniture matic efforts to achieve Iraqi compli- tion to the United Nations. The speech and office spaces, and I think they are ance with all applicable United Nations dramatically elevated the level of de- in the archives of the U.N. somewhere. Security Council resolutions—16 so bate and the attention of the world’s Perhaps my colleague would be inter- far—will fail unless the Iraqi dictator, leaders on Iraq’s conduct and contin- ested in probing, as I have, and will in Saddam Hussein, clearly understands ued defiance of the U.N. It further chal- the days to come, that bit of history. that swift and decisive force will be the lenged the nations of the world to We are on that threshold now, when automatic consequence of any addi- think long and hard about what they this organization can become irrele- tional thwarting of such inspections as could expect from the United Nations: vant, as did the League, and go into may be agreed upon. Is it to be effective and relevant—their the dustbin of history. That is the Clearly, there are risks associated actions today, tomorrow, and in the challenge this President has placed at with confronting Iraq. I have enumer- weeks to come—and live up to its char- the doorstep of the U.N. today. ated those in some detail. But the risks ter, over 50 years old? Or is it to be ir- Of equal importance, the President’s associated with inaction, to me and to relevant and fall into the dustbin of U.N. speech articulated a clear, deci- our President, are far greater if we fail history, as did the League of Nations, sive, and timely United States policy to confront this danger now—not to- as the world descended into the dark- on Iraq; that is, to remove the threat morrow; now. ness in the years following World War before Iraq is able to use its weapons of Some argue that a war with Iraq I and on the eve of World War II? mass destruction. The United States is would distract our attention from the There are among us Senators, and I now firmly on a course to accomplish global war on terrorism. I disagree, and hope one who will soon speak who has this policy and invites the nations of that disagreement is predicated on the spent much of his life studying diplo- the world to join. testimony of not only administration matic history. I will not take further Prior to his U.N. speech, this body, officials but, most particularly, the time, but I do want to bring to the at- Members, challenged the President to leadership of the Armed Forces of the tention of Senators a little bit of his- do exactly what he did, go to the U.N. United States. They can handle both tory about the League of Nations. It As our President builds this inter- situations. That remains clear, cer- was put together in the aftermath of national coalition, it is vital that he do tainly to the Committee on Armed World War I to prevent further con- so with the strong bipartisan support Services. flict. I remembered, as I spoke about of the Congress. That is the purpose of Confronting Saddam Hussein now is a my father who served in World War I, this resolution. Over the summer, logical step, a necessary step, and a our library that was filled with books many Members of Congress and many mandatory step to rid the world of his about the history of that conflict. I re- American citizens expressed the hope potential. member one book was entitled ‘‘The for meaningful consultations between As President Bush reminded us a few Last Great War.’’ There it is. I still Congress and the President, as well as days ago when I was privileged to join have that book, ‘‘The Last Great War.’’ consultations with our allies in the him on the steps of his office: And the world reposed trust and con- United Nations. Our President has done We must confront both terrorist cells and fidence in the League of Nations, to en- exactly that. terrorist states because they are different sure that war wouldn’t happen. It is now time for Congress, in ac- faces of the same evil. I learned so much of my history from cordance with his expressed request to How will we explain to the American my father because when I was young, the Congress, to express to the people people—in the wake of a possible future

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9951 attack on the United States or U.S. in- BOB NEY from Ohio, the chairman of It is a civil rights act in many ways. terests, directly by Saddam Hussein, or the House Administration Committee; The rights here will say: The voter gets indirectly through surrogate terrorists Congressman STENY HOYER from Mary- to cast a provisional ballot; and the equipped and directed by him—that we, land, and Congresswoman EDDIE BER- voter has a right to see your ballot and the Congress, knew Saddam Hussein NICE JOHNSON from Texas, who is the correct your ballot. In addition, the had weapons of mass destruction, that chairperson of the Congressional Black bill gives the voter a right to redress we knew from history that he did use Caucus; as well as my colleague from grievances through a remedy process, them against others, and that he in- Kentucky, Senator MCCONNELL, and if, in fact, a voter is denied these tended to manufacture and acquire my colleague from Missouri, Senator rights. even more and to use these weapons BOND; with statements from CORRINE I will quickly say, a remedy process possibly against us and others, and yet BROWN from Florida and JOHN CONYERS that isn’t everything I would like it to the world failed to act timely? from Michigan, my original cosponsor, be, but the bill that came out of the Now, more than ever, the Congress, who could not be there but wanted to Senate had very little remedy in it as a coequal branch of government, be heard on this issue. while the House had none. We fash- must join our President and support This has been a long and arduous ioned a remedy in conference which, as the course that he has set. We have to trail over the last two years, as I know you know, is very difficult when there demonstrate a resolve within our Na- the Presiding Officer is aware. I believe are strong voices in opposition to doing tion and internationally that commu- the Presiding Officer was in the Chair anything. nicates to Saddam Hussein a clear mes- about a year-and-a-half ago when we We did not roll back in any way the sage that enough is enough. You are to announced on the floor that we had an motor voter legislation. The Depart- be held accountable to the world law agreement, at least in the Senate any- ment of Justice is involved, obviously, and order as enunciated in 16 resolu- way, on this issue. to enforce the provisions of this act. The responsibilities are also here on tions—and possibly a 17th—of the So it is a historic day. If we are able to adopt this conference report in the the part of voters. Senator BOND felt United Nations. He has to be convinced coming days before adjournment, it very strongly about having some re- that America and international resolve will be the first time in over 200 quirements that a person who is reg- is real, unshakable, and enforceable if years—since the founding of this Re- istered by mail or voted by mail would there is to be a peaceful resolution. public—when the Federal Government in some way identify themselves. But, if diplomacy fails, we must be pre- becomes a partner with the States and I know there are those who are con- pared to act. localities in the conduct of Federal cerned that having some form of iden- I was never more proud of an Amer- elections. tification could be problematic for the ican President than Wednesday—again, None of us have to be reminded of the first-time voter, for the first-time reg- on the steps of his office, joined by tragic events that occurred almost 2 istrant. Those provisions are in the many of us here in this Chamber—when years ago in Florida and many other bill. he said: places around the country. They If you are a first-time voter or reg- We will not leave the future of peace and showed that the condition of our de- istrant, then you have to provide some the security of America in the hands of this mocracy was deteriorating because the identification. There is no requirement cruel and dangerous man. None of us here quality of our elections was falling in this bill that mandates any specific today desires to see military conflict be- form of identification. Can you use a cause we know the awful nature of war. Our apart. country values life and never seeks war un- Trying to reform the electoral proc- photo ID? Yes, you can. It must be cur- less it is essential to security and to justice. ess was critically important for all of rent and valid. That is all we say. Can America’s leadership and willingness to use us. We needed to provide adequate re- there some other forms of identifica- force, confirmed by the Congress, is the best sources—the change of outdated equip- tion? Yes, there can be. way to ensure compliance and avoid conflict. ment. In my own State of Connecticut, We also provide that States must I support our President’s call to duty. we have used the same voting machines check the last four digits of a voter’s I urge my colleagues to likewise join. for 40 or 50 years now. The company Social Security number or driver’s li- I yield the floor. that made them has long since gone cense. If the voter has neither, he or I suggest the absence of a quorum. out of business. In light of the con- she will be given a four-digit number. The ACTING PRESIDENT pro tem- stitutional crisis that plagued our na- It is a simpler way and less intrusive pore. The clerk will call the roll. tion two years ago, I believe it would for people to become registrants. The legislative clerk proceeded to have been a great shortcoming not to You would have statewide voter reg- istration for the first time. So if you call the roll. pass this legislation before the end of move around in your State, from one Mr. DODD. Mr. President, I ask unan- this session of Congress. town to the next, you do not have to imous consent that the order for the There has been a lot of talk about register again every time you move. quorum call be rescinded. whether or not we would get this done. But if you move to another State, you The ACTING PRESIDENT pro tem- Obviously, when you talk about elec- will have to register in that new State. pore. Without objection, it is so or- tion reform, unlike other subject mat- We think that this is going to help a dered. ters where people will likely defer to great deal toward eliminating some of Mr. DODD. Mr. President, I ask unan- someone who may know more about the fraud issues because people won’t imous consent that I may be allowed to the subject matter, every one of us in this Chamber is an expert because we be able to jump around from one local speak as in morning business. jurisdiction to another local jurisdic- The ACTING PRESIDENT pro tem- got here through the electoral process. For too many years, there has been a tion in the same State and vote in dif- pore. Without objection, it is so or- Republican suspicion, as my colleague ferent places. And with high-tech- dered. from Kentucky likes to point out, that nology, we will be able to monitor the ELECTION REFORM Democrats were interested in having process much more effectively. Mr. DODD. Mr. President, I know the everyone vote, no matter if they had a These are the rights and responsibil- debate is about Iraq and the pending right to or not; and Democrats were ities in this bill. The resources are $3.8 resolutions. At an appropriate time, I suspicious of Republicans that they too billion over the next several years. The would like to address that subject mat- often wanted to deny people a right to administration had already agreed, ter. But I want to take the floor briefly vote or to make it difficult. with Speaker HASTERT and others, to this afternoon to announce some good It is very difficult to craft a piece of commit more than $400 million in fis- news. Early this morning, at around 2 legislation when people have such re- cal year 2002–2003. Obviously, as part of a.m., we were able to reach an agree- luctance and hesitation. However, we the supplemental, that money got ve- ment on the election reform bill be- were able to break down all of that, toed by the President, but not because tween the House and the Senate. and what we did is come up with a bill of election reform. We are very con- Earlier today, I held a press con- that has new responsibilities, new fident, based on conversations the ference with the leadership on this bill rights, and new resources for the first House leadership has had and the dis- in the House, including Congressman time in our country. cussions we have had here, that there

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9952 CONGRESSIONAL RECORD — SENATE October 4, 2002 will be something in the neighborhood elections, your government wants to in broad terms, these fine staff people of $750 million included right away, so help, wants to be involved through re- of ours, who work on behalf of tax- antiquated equipment in the States sources. By creating some require- payers, stay on countless nights, with levers or punch-card systems can ments, by creating some responsibil- through weekends, to hammer out de- be replaced. ities, we think we can vastly improve tails, to see to it we produce the prod- Now, do I have an absolute guarantee the process. ucts we can. I am deeply grateful to all for all of that? Obviously, no, because For 20 million Americans who are of them. we have to vote on the appropriations. disabled, who are either blind or manu- They include: Did I condition these requirements on ally disabled, if we pass this legisla- Kennie Gill, Ronnie Gillespie, and Shawn it? No. Are there requirements here? tion, for the first time there must be Maher. Yes. But this is an authorization bill. voting equipment mandated by law Chairman Ney’s staff: Paul Vinovich, Chet Kalis, Roman Buhler, Matt Peterson, and Obviously, if you do not have it as a re- that will allow a blind person or a Pat Leahy. quirement that had to be met, and you manually disabled person to cast a bal- Senator McConnell’s staff: Brian Lewis and left it to the vagaries of whether or not lot privately and independently. Pres- Leon Sequeira. the appropriations would be made, then ently, there are no ballots written in Senator Bond’s staff: Julie Damann and these requirements would only be vol- braille, or an audio system—except for Jack Bartling. Senator Hoyer’s staff: Bill Kable, Keith untary, and all we would be doing is one jurisdiction. Abovchar, and Len Shanbon. subsidizing the status quo. If you go into any building in this Senator Schumer’s staff: Polly For those who are concerned we have city, there are requirements that an el- Trottenberg. no ironclad commitment on this, that evator be in braille so you know what Senator Durbin’s staff: Bill Weber. is difficult to get in any area of our floor you are going to. The day has ar- Eddie Bernice Johnson’s staff: Paul budget. But I am convinced, given the rived when a person, regardless of their Braithwaite. bipartisan nature of the support for ability to see or not, should be able to I thank Congressman NEY. I didn’t this bill, the bicameral support for it, walk into a polling place and read a know him very well before. He is from knowing how strongly the State and ballot in braille. This is not the 18th or Ohio, worked in the State legislature local officials feel about it, that we 19th century. It is the 21st century. I of that State, and is chairman of the will be able to achieve the necessary am proud to say, on a strong bipartisan House Administration Committee. I funding requirements in the coming basis, with little or no debate or argu- have developed a strong affinity for years. ment, we have included in these provi- him. He is a fine person, a fine man. He There are staggering provisions in sions a requirement that people who fought very hard for what he believed the bill where various points become are disabled, particularly those who in, defended the other body’s positions. operative. If we had passed this bill a are blind, will for the first time be able Because of the many nights and week- year ago, we might have been able to to walk into a polling place and not ends, we have gotten to know each move up these dates. In light of the have to rely on a stranger to go in and other. I thank Congressman STENY HOYER. fact we are passing the bill in the very help them cast a ballot. last days of the 107th Congress, it is I have a sister who has been blind Many of us know and served with him going to be more difficult to effectuate since birth. She is a teacher. I am very over the years, from Maryland, a re- markably fine individual who did a some of these changes in the shorter proud of her. She is a remarkable great job with Congressman NEY in term. woman. I would like to know that my We all witnessed what happened re- sister, as she reaches retirement age as producing the House bill. He has been the leader in the House on so many oc- cently in Florida with new equipment a teacher, will, as a result of her broth- casions dealing with disability issues. and new requirements down as a result er’s work on a bill, be able to cast a From his staff, Bill Cable, and others of legislation passed at the State level. ballot without having to rely on some- There was a lot of misinformation, a did a wonderful job. I thank him. one telling her how to vote. So for mil- My colleagues over here, I mentioned lot of confusion. We want to be careful lions of disabled Americans, this legis- Senator BOND and Senator MCCONNELL. not to do that here. We have new re- lation is a major breakthrough for I thank Senators SCHUMER and DURBIN, quirements. We have new responsibil- them as well. who worked very hard. BOB TORRICELLI I do not intend to go through all the ities in this bill. We want to give peo- worked on an early bill with Senator ple an adequate time to become famil- details. If there are people here de- MCCONNELL, did a great job trying to manding perfection, I will have to dis- iar with them. bring this matter to our attention. We have provisions that will assist appoint them. If I could have written it There are so many people here. I am communities to educate poll workers. myself, it would have been different. afraid I will leave people out. We encourage young people to become But, unfortunately, there are people I ask unanimous consent to include involved as poll workers and poll who gather in a conference who have statements by Congresswoman Eddie watchers and to encourage their par- differing opinions. I wish they didn’t, BERNICE JOHNSON, Congressman JOHN ticipation. We establish a permanent but they do. When they do, you have to CONYERS, and Congresswoman CORRINE commission. For the first time, the compromise. That is not an ugly word. BROWN be printed in the RECORD. Federal Government will have a place As long as you are not compromising There being no objection, the mate- where people can comment on an ongo- your principles, that, in a legislative rial was ordered to the printed in the ing basis on how we can improve the context of working out arrangements, RECORD, as follows: right to vote and to have the vote where there are people who hold strong STATEMENT BY CBC CHAIR EDDIE BERNICE count. Despite the fact the Constitu- views, is the only way we get anything JOHNSON ON THE PROPOSED ELECTION RE- tion speaks clearly about a Federal done. FORM CONFERENCE COMMITTEE AGREEMENT role and a State role in the conduct of I ask unanimous consent that a list (AS PREPARED) elections, we have never done this be- of the staff people in my office and that Thank you. I am pleased to join Members fore. of Senators BOND and MCCONNELL, Con- of the Election Reform Conference Com- For most of the last 200 years, the gressman HOYER, Congressman NEY, mittee today as we announce this historic agreement. Federal Government has honored its and others be printed in the RECORD. Our democracy begins and ends with the Constitutional commitment. Except We don’t give these people enough fundamental right to vote. Truly, today we for the Voting Rights Act in 1965, the credit. They were up all night last have taken an important step forward to- Federal Government largely has stayed night scrubbing through this bill. After wards our goal of making sure every vote out of the States’ role to conduct elec- we quit about 2:00 or 2:30 in the morn- cast is counted. tions. We are not becoming overly in- ing, they stayed at it all night. I wish It has now been six hundred and ninety six trusive. It is still a local matter. It is the American people, when they talk (696) days since the 2000 elections revealed a pattern of voter intimidation, inaccurate still a State matter. But we have be- about faceless bureaucrats, sometimes voter registration, arbitrary ballot counting come, with this legislation, a partner could peer down and see on how many standards and antiquated machinery that de- where we say to our local communities nights and how many days, long after prived millions of citizens of their right to and States, in the conduct of Federal the Members have argued their points vote.

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9953 We have certainly waited long enough for Although Florida spent $32 million to over- every vote that is cast is counted and where election reform legislation. haul our voting system, the governor did not the legitimacy of our democacy is no longer I must thank Representative Steny Hoyer, allow enough time to hold mock elections to placed in doubt. Because of this bill, voting who has been battling every day since the educate voters and poll workers prior to the machines will help voters instead of hin- 2000 elections to extend these important pro- primaries to work out the inevitable kinks. dering them. tections to our nation’s voters. His leader- Moreover, this $32 million in funding is rel- There were naysayers in the Congress and ship in getting us where we are today on this atively low, given that Florida, with 16 mil- on some of the editorial pages who claimed legislation has been limitless, and I thank lion people, spent $32 million, and Georgia, that Senator Chris Dodd and I were unreal- him for everything that he has done. with only 8 million, spent $54 million on istic and that our vision of minimum federal In the same spirit, I must also thank Rep- election reform. This agreement however, voting rights standards for machines would resentative Bob Ney for his hard work in will funnel more desperately needed federal never come to pass. The fact that it did is a helping us bridge the differences between funding into our state for future elections. tribute to our vision that voting rights these two bills. Even though this compromise will allow should not be left to anyone’s whims, and it The CBC has had terrific support from our Congress to pass a bill before mid-term elec- is a tribute to Senator Dodd’s tireless efforts colleagues from the other chamber, and I tions, I am disappointed that the provisions to pass this bill and Majority Leader would like to especially commend the efforts will not take place until the 2004 elections. Daschle’s rock solid faith in the legislation. of Senator Christopher Dodd, who has The bill is however, perhaps the greatest ac- My colleagues in the House, Steny Hoyer and worked alongside the Caucus and the civil complishment of the 107th Congress. Bob Ney deserve tremendous praise for their rights community to ensure that the issues During the 2000 elections, in my district role in this agreement as well. we care about most deeply are being ad- alone, Duval County, there were approxi- The Voter I.D. provisions contained in this dressed in the final bill. mately 27,000 ballots that were tossed out. A bill is not a provision I would have wanted. I would also like to thank Senate Majority disproportionately large percentage of these That being said, its inclusion in this agree- Leader Daschle for his leadership on bringing votes came from City Council Districts 7, 8, ment cannot possibly overshadow the tre- this bill to the Senate floor earlier this year. 9 and 10, primarily African American resi- mendous step forward the bill represents. We Finally, I must thank the 38 Members of dential areas. Even more disturbing to me is live in a democracy where the essence of ac- the Congressional Black Caucus, and in par- that the Supervisor of Elections’ office complishment is compromise and yielding in part to different points of view. ticular, the gentleman from Michigan, Rep- didn’t release these figures to local officials At the end of the day and this long strug- resentative John Conyers for working tire- until after the deadline had passed. As a re- gle, we have a bill that represents a tremen- lessly. I’m so sorry that he could not be here sult, we were unable to demand a recount. Even more disturbing is the often unpub- dous advance of civil rights and for our de- today, but he is speaking to the NAACP in mocracy. Florida, and I know that he will be bringing lished fact that the Governor of Florida this important message to voters in the spent $4 million dollars of taxpayer money to Mr. DODD. I also thank the leader- state who sparked this drive for election re- purge a list of suspected felons from the rolls ship, Senator DASCHLE and Senator form. across the state: but whether or not this list LOTT, for their support. When they As many of you know following the 2000 of felons was accurate was of little impor- asked me how long it would take to de- elections, the Congressional Black Caucus tance to the Governor. Apparently, it was bate the election reform bill on the the responsibility of the accused citizen to pledged to make election reform our number floor, I said I thought I could do it in one priority. We said that we would not rest correct his or her status. One of the worst problems that occurred 24 to 48 hours. About 12 days later, I until Congress enacted reform legislation during the 2000 election had to do with motor was still here. Their patience was al- that would protect the right to vote for all voter registration. As part of a grassroots ef- Americans. And I am proud to say that we most unlimited. fort to encourage voters, particularly mi- are very closer to delivering on our word. We were able to get it done, and I am norities, to get out to the polls, I organize We all know that the conference agree- proud we were able to do so. I know motor voter drives. However, during the last ment is likely to be far from perfect, but there were editorial comments over the election, many voters, especially African there is no such thing as perfect legislation. last number of weeks and months, say- Americans, were erroneously purged from However, it is time that we take a FIRST registration lists, and many, who had signed ing where are these people, why can’t step toward meaningful reform. up at state motor voter vehicle offices, never they get this done? We did something We must improve our elections system so had their voter registration fully processed. you are probably not supposed to do. that all Americans can register to vote, re- As a result all of these voters became We did it quietly. It was not quiet in- main on the rolls once registered and vote disenfranchised. It is for this reason that it side the room, but we didn’t announce free from harassment. We must act before is of utmost importance to include a provi- another day has passed. every day to the press what we were sional balloting provision (wherein if a voter I call upon my colleagues to bring this leg- doing because I felt if we did, we would has not re-registered after moving within the islation forward for debate, pass this bill, never get anything done. I have been same county, he or she may cast a provi- and we must sent it to the President for his up almost every night until 2 or 3 in sional ballot at the polling place of their signature before another day passes. We can- current residence). the morning. I have spent almost every not wait another day. Thank you. Although there are not any perfect elec- weekend involved in this legislation tion reform bills, I think this one is a good over the last several weeks and CONGRESSWOMAN BROWN ANNOUNCES start. The agreement today gives the indi- months. ELECTION REFORM AGREEMENT! vidual states millions of dollars over three I thank colleagues who managed to WASHINGTON, DC.—Congresswoman Corrine years to upgrade voter equipment, improve keep this relatively quiet so we could Brown is elated to announce a monumental the accuracy of voter registration lists, re- get the job done. Had we not done it, agreement made today in Washington on the cruit and train poll workers and enhance ac- we would not be standing here recom- election reform bill. This agreement will cessibility to polling places for people with bring millions of dollars in federal assistance disabilities. It would also include a one-time mending this product to our colleagues to the state of Florida for election reform. payment of perhaps as much as $850 million for their consideration, when the other Since the 2000 presidential election deba- to states and counties to replace punch card body and the Senate votes on this bill. cle, Congresswoman Brown has been a lead- voting systems, which were used by more I will have more to say about it when ing voice on the issue of election reform in than one-third of the voters last year. This the bill comes to the floor. I wanted to Congress, and has worked arduously on the bill sets out on the right foot towards guar- bring my colleagues the good news that issue of election reform since the Supreme anteeing voters their fundamental right: the we were able to come to agreement on Court selected the President of the United right to vote and have it counted. this election reform bill before this States nearly two years ago. With respect to the agreement, Congress- STATEMENT OF REPRESENTATIVE CONYERS Congress, the 107th Congress, became a woman Brown made the following statement: Nearly two years after the wholesale dis- record of history. I am thrilled to see this agreement finally enfranchisement of the elderly, people of Let me also say, since I am still in come to fruition. I have worked hours and color and individuals with disabilities, we morning business, to my colleague hours with Members on both sides of the po- have at last passed legislation which will from Virginia who was here, and my litical aisle, in the House of Representatives, help to place in the dustbin of history the colleague and friend from West Vir- and the Senate. This agreement, which gives butterfly ballots, punchcard voting machines ginia, on the matter before us, I have the states $3.9 billion for election reform, and discriminatory practices of Florida. This great respect for both of them. This is and requires them to replace outdated bill bears name and gives tribute to his vi- a weighty and important matter. I punch-card voting machines, train poll work- sion and dream of a world without barriers didn’t want to take time away from ers, educate voters, upgrade voter lists, and to the exercise of the most basic right of make polling places more accessible for the citizenship, the right to vote. that discussion today, but I would like disabled, and other logistical assistance Because of this bill, every American will to be heard on the subject matter at measures, is long, long overdue. be closer to living in a democracy where the appropriate time.

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9954 CONGRESSIONAL RECORD — SENATE October 4, 2002 I know my colleague from West Vir- many occasions, to fail to understand Members of this Chamber when I first ginia has some strong feelings. I want the significance of what we may be came here and sat and listened in- to say to him and in the presence of my asking people to endure. tently. But I say to the Senator from good friend from Virginia, I have I will have more to say about this Connecticut, I am ready for this debate known these two individuals for many specific matter. I didn’t want this mo- he and I will have one day. I only wish years. They have great reverence for ment to pass. I wanted to express my it were this afternoon in the presence this institution, great reverence for the deep thanks to my colleagues. We have of our senior Member of this body. But legislative body. I carry very proudly closed caucuses every week to discuss if it is to be another day, I will await in my pocket every single day of my the matters before us, political and it. I hope he will some day debate me life, 7 days a week, a copy of the United otherwise. I have watched over the last on the League of Nations. He is a stu- States Constitution. It was given to me several weeks, and it is not well dent of American foreign policy as a years ago by the Senator I sit next to, known—maybe there is a historic senior Member of the committee, fol- ROBERT C. BYRD. I walk around with it record kept somewhere, but I wish lowing in the footsteps of his proud fa- on weekends, evenings, wherever I am. every person in America could have ther who served in this institution. I carry it. been at the caucus luncheons to listen Some day let us talk about the fate of I hope in this discussion, not just this to our colleague from West Virginia the League of Nations. As our Presi- one but others, people will listen to passionately defend the Constitution of dent challenges the U.N. today, I chal- what he has to say about this docu- the United States. There is no press re- lenge the Senator to that debate some ment and our obligations to it as a co- lease, and there is no television show day. equal branch of government. The afterwards. It is just one person stand- Also, serving on the Rules Com- Founders did not envision this par- ing up defending the very document mittee, we are very proud of what you ticular debate. Probably the name Iraq that gave rise to this institution and have done, together with Senators didn’t exist at the time the Constitu- the rights all of us enjoy as Americans. BOND, MCCONNELL, and others, to bring tion was ratified or written. They envi- I thank him immensely for having the about this bill—particularly as this Na- sioned circumstances like this. They courage of his convictions, the strong tion stands somewhat in awe—I am not wanted to make sure there would be a legs, the good set of lungs, and the de- going to take sides on what is hap- sense of weight and counterweight termination to be heard. pening in New Jersey regarding the without giving one side an advantage, I thank my colleague from Virginia complexity of the election laws, the necessarily, but that we would delib- for all he does every day to see the problems encountered for a second erate very seriously about matters ideals and values of the Constitution time, most unfortunately, in Florida. such as this, certainly the matter of are carried out by his Members. He Let us hope this legislation can im- going to war. does that whenever I have been with prove that system and serve as a means I have great reverence for this docu- him in the Chamber and in commit- to inspire more of our citizens to par- ment and great reverence for people tees. He is a person who deeply cher- ticipate in the electoral process, who embrace it and cherish it, knowing ishes this Constitution. whether it is for county commissioner, it is only as good as each generation’s Mr. WARNER. Mr. President, I ex- sheriff, or for the Presidency and the willingness to defend it, and that our press my appreciation to my colleague, Members of Congress. All too often, obligation to coming generations is to and I share his sentiments with regard less than half of the people who are eli- give them the tools to appreciate what to our magnificent colleague, Senator gible vote or take the trouble to exer- it means. It is a subtle document. This BYRD. We are privileged to have adjoin- cise the right given to them under the is not a document an ignorant nation ing States, with a small boundary be- Constitution, to which the Senator so would be willing to fight for and sus- tween them, that was inserted at one reverently referred. I thank my col- tain. The right to say what you want point in history during the historic league. and have people stand up even when Civil War period. But we cross that (Ms. STABENOW assumed the Chair.) they vehemently disagree with what boundary together because we love Mr. BYRD. Madam President, if the you are saying takes an educated, so- those people—particularly the people distinguished Senator will yield. phisticated population to appreciate. of Appalachia. Mr. DODD. I am pleased to yield. Certainly the rights of a Congress, a I thank the Senator for his com- Mr. BYRD. Madam President, as a legislative branch to appropriate, the ments about me. I receive them with member of the Rules Committee on right to declare war, the right of a great humility. I served in uniform, which sit the distinguished Senator Commander in Chief to lead during dif- but I was always a communications of- from Virginia, Mr. WARNER, and our ficult times, these are not notions that ficer in Korea, the First Marines chairman, Mr. DODD from Connecticut, can be easily understood if you are not Airwings, and a staff officer. In the I have asked the chairman to yield to well educated and prepared. And it be- field of battle, I shared the bunks and compliment him. I want to compliment comes incumbent upon us, in this par- tents with others, but I don’t put my- him, and I do compliment the chair- ticular moment, to serve not only as a self in the combat arms category. I man for his patience, for his dogged de- source to resolve the matter before us, served with others who did. Yes, per- termination, and for his far-seeing vi- but to educate our constituents and haps I have some thoughts and views sion in pursuing and pressing on to the the people of this country about why emanating from those periods I was end this cause for which he has been this document is important, particu- privileged to serve in uniform. But I studying, speaking, and fighting for so larly in moments like this, where none think every Member of the Chamber long. It has an importance that goes of us are ever asked to cast a more sig- has equal conscience and the strength far beyond the surface. This, we often nificant vote. It is not a vote on a Su- of his or her own convictions to make hear, is a democracy. It is a Republic. preme Court justice, or not even the tough decisions we have to make in We say that clearly each time we amending the Constitution, but the de- the days coming with regard to Iraq. I ‘‘pledge allegiance to the Flag of the cision is whether or not young men and look forward to engaging the Senator United States of America and to the women will go into battle and lay down from Connecticut. Yes, we have been Republic for which it stands.’’ We have their lives for us. good friends, but let me tell you, no democratic principles under a repub- Both of these individuals understand Senator should ever think they have lican form of government. There you this better than I—JOHN WARNER, par- been tested in the field of oratory until are. It is a republican form of govern- ticularly, because he has donned that they tangle with that Senator from ment. uniform. I served in the military brief- Connecticut or the awesome Senator The importance of encouraging and ly, but I never had to face an enemy from West Virginia. There is just not persuading and leading the citizens of across the firing zone, and I respect as much of the great oratory that this the country to vote—what a great duty somebody who has. Those who have en- Chamber has enjoyed in the 24 years it is of each citizen to vote his or her gaged in battle seem far more cautious I’ve been here. There seemed to be sentiments. And what a sad com- about committing this Nation to con- more when I came than we have now. mentary on this Republic, whose peo- flict. Those who have not, seem, on My gracious, I was in awe of the senior ple have been so far blessed beyond the

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9955 peoples of any other nation, and then these 50 years, all the more have I ferent? Do not tell me anything about to think that so few, relatively speak- come to believe that the Constitution policy; we will make the policy. But ing, of the American people bother— is the principal mast to which we tell me what there is by way of intel- bother—to go to the polls and exercise should rope ourselves in order to put ligence where you are the expert? What their duty at the polls. It is a sad com- wax in our ears to the siren calls that is there that is new today, that you mentary on the American people. We will lead us astray from what the Con- know today that you did not know 3 take this duty loosely, and we take ad- stitution says. months ago or 6 months ago? What is it vantage of this right in a very cavalier The Constitution very clearly says in that is so new, so compelling that all of fashion. a nonambiguous sentence, the Congress a sudden, after we heard all this busi- The Senator from Connecticut has shall have power to declare war. I am ness to the effect there is no plan on performed an extremely important very pained to see a Congress, most of the President’s desk? I asked that service to the people of this country the leaders of which say we should pass question of the Secretary of State: today and to future generations, by his this resolution, meaning S.J. Res. 46. What is it that is new? I have asked stick-to-itiveness, by his incessant ap- We should pass it now, pass it here, get that question of the Secretary of De- plication of his enormous talents to it behind us before the election. Get it fense. What does he say? The thing bring to fruition the completion of this behind us. that is new is September 11. That is not work on which he has been engaged for Madam President, if the Senator will so new; that is over 365 days old. So so long. It is not the kind of work such further yield without losing his right what is there that is new that requires as the work we do on some other meas- to the floor, permit me to say we are us to make this fateful, far-reaching ures. It is kind of a dry subject when not going to get this issue behind us. decision before the election? one stops to think about it. It is kind Say what you will. It is front and cen- There is nothing new. They have of like the rules of the Senate. They ter. Why? Because the Bush adminis- known it for 3 months, 6 months. A lot are dry, there are no headlines in them, tration has made this issue front and of it they have known for years. but how important the rules of the center in these last few days before the This is a fateful decision, and the de- Senate are. election. cision ought to be made here, and this It is that way with this piece of legis- Why did they not make homeland se- Congress ought not turn this fateful lation that our dear friend has so long curity front and center? Because that determination, this decision, over to labored in the vineyard to bring to fru- would not have shifted the national any President, any one man, because, ition. I compliment him. I salute him. perspective and focus away from the as James Madison said, the trust and He has performed an immeasurable domestic issues which also are impor- the temptation are too great for any service to the people of this country; tant. But to turn the emphasis to Iraq one man. whatever we can do to bring about a shifts the emphasis of the debate away Oh, that Madison were here today. greater focus and a greater application from homeland security, shifts the em- Oh, that Madison could speak today. of the people’s views when it is election phasis of debate away from domestic We would hear him say: The trust and time because, after all, that helps to issues, shifts it to a foreign scene and the temptation are too great for any mold the character of this country and a foreign stage and a foreign field of one man. Hear his voice as it rolls to present the image of this country as action. So our eyes have been averted across the decades of history. a nation. from what we should be watching, and Here we are today; we have rubber I wish it were possible to say that 80 that is homeland security, the defense spines, rubber legs, and we do not have or 85 or 90 percent of the people in this of this country. Homeland security, backbones. This branch of Government, country turn out and vote. What a protecting this country right here under the Constitution, is the branch great victory that would be for this Re- against attack, subtle attacks—it may consisting of the immediately-elected public and for the principles of democ- be individual attacks, it may come in representatives of the people, and racy. I not only salute this man, I say the form of an attack by one person or under the Constitution it is to declare thank you to the distinguished senior two or a group of six, as we saw in New war. Senator from Connecticut. He is my York recently when the FBI arrested a The Framers were very wise when candidate for President. Throw your cell of six individuals who were from they determined that these two mat- hat in the ring. Yemen. They are American citizens, ters—the decision to go to war and the Mr. DODD. Madam President, I am but they were originally from Yemen. making of war—should be in two dif- going to leave now. The FBI arrested them. The FBI did ferent places. The decision, the deter- Mr. BYRD. Hold on a minute. Madam not have to have any Department of mination to declare war, should flow President, there has to be a little lev- Homeland Security to bring that from this branch, the people’s branch, ity. Even the wisest will stop for a mo- about. and the matter of making war should ment to smile, laugh a little, be a little The people who are on the front line be in the hands of a unified com- jovial. But this is a tremendous vic- securing this country, securing you mander, the Commander in Chief. tory; as a member of the committee on and me, securing the people of this What are we doing? In my view, if we which this great man serves, I am country every day, every night, every accept this resolution as it is written, proud to serve on that committee. hour of every day, every hour of every we are saying both of these vital func- On another subject which has been night are on the line now. They are out tions would be placed in the hands of injected here, no Senator should have there on the borders. They are out one man. And what did Madison say? to stand in a party caucus and defend there in the ports of entry. They are He said: The trust and the temptation this Constitution. No Senator should out there working day and night as we are too great for any one man. have to stand in a party caucus and saw when the FBI did its work. So in closing, if the Senator will fur- refer to this document. Here just before an election, our eyes ther yield—— This is a time when we must return taken away from the education needs Mr. DODD. I am happy to. to the language and the spirit of this of this country, away from the security Mr. BYRD. I say to those people out Constitution. All too often I hear the needs of this country, away from the there who are watching through the leaders of this Nation in both parties questions that involve the health of electric lenses, let the leadership of refer to this document or that docu- our citizens, away from the veterans of this Congress know, tell the leadership ment or what this person said or that this country. This issue has been shift- of this Congress, urge the leadership of person said, but very seldom do I hear ed away so that our eyes temporarily this Congress, to put aside this fateful on the television talk shows on Sun- are distracted and we are looking in decision which may affect the blood days and other days of the week, sel- another direction. and the lives of our sons and daughters, dom, relatively speaking, do I hear Where are we looking? We are look- put it aside until after the election so them base their position on the Con- ing at Iraq. Yet, Madam President, that our representatives in both stitution of the United States. there is nothing new in the evidence. Houses can make a determination in an As I have witnessed the tides that I have asked the Director of the CIA atmosphere that is not so supercharged ebb and flow on the world stage over on two different occasions: What is dif- with politics. Let them come back

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9956 CONGRESSIONAL RECORD — SENATE October 4, 2002 after the election. They are getting That is where I stand. That is where the needs of education? What is this paid for all the days of the year. Bring I am going to stand always and forever. going to do to the American pocket- them back then. Let them make a deci- As long as I live and have the privilege book? What is it going to do to the sion when they are not distracted by of representing the people of the State deficits? politics, by an election. Tell the leader- of West Virginia, that is exactly where There are these and many more ques- ship of this Congress. Let them hear I am going to be, regardless of where tions. They ought to be questioned. It you. any President is. If I differ with him, I is not unpatriotic to ask. You do not have to worry where I will say so, and I differ with this Presi- I thank the distinguished Senator for stand. I am telling you now. I am stat- dent on this issue. yielding. I thank the distinguished ing my position now. Tell the leader- I do not think there is any new evi- Senator from Virginia. I hope I have ship of this country, both Houses: Hold dence that compels us to vote on this not tried the patience of these two Sen- up, wait, listen, ask questions, debate, resolution before we go home. Oh, they ators too much. and wait until politics can be shoved say we need to get it behind us. We Mr. WARNER. Madam President, I aside. Wait until after the election. cannot get this issue behind us. We can have had the privilege of sharing these Tell the leadership this affects your vote for this resolution, but that will floor debates with my distinguished blood, your treasury, your son, your not get the issue behind us. The Presi- colleague from West Virginia many daughter, your grandson. Let them dent will have us back on that question times. If he would allow me, I will know in no uncertain terms. Tell them. every day until the election is over, make some observations about the They will hear you. and he can do that. He has the bully comments just delivered by this es- I am proud to say that our leader on pulpit. Do not think for a moment this teemed Member of the Senate. this side of the aisle has not yet made issue is going to be put behind us be- I fear no question that would be a final determination, I do not think. fore this election is over. asked. I have the privilege of being des- He has not joined with the leadership Another thing we will not get behind ignated by our Republican leader to be in the other body that went like lambs us is the record of where we stand, the one of the managers of the debate to the slaughter following after the record of where I stand, the record of today, tomorrow, and the days to President. where he or she stands. We will not get come, since I am proud to have my I respect the President of the United that behind us. That will be there en- name on this resolution which is before States. We should work with him, and graved in stone, in marble, and in the Senate. I will be prepared, as best we should support him when we can. bronze, until the Lord comes home. I can, to respond to my colleagues be- But remember what Madison said: The Until kingdom come, it will be there. cause I speak from my own personal trust and the temptation are too great You cannot efface it. You cannot erase convictions, which are equally as for any one man. it. It is there. strong as those of my dear friend from We elected representatives of the I intend to let my record stand. I do West Virginia. people are not supposed to follow any not intend to put a blemish on it by But the Senator said the President is President, whether he is a Democrat or walking away from the Constitution in not king, and the Senator is right. Republican, meekly and without ques- this fateful hour. There is no one who understands this tion. I do not believe there is a Repub- There are questions to be asked. Constitution better. The king is not lican in this body who knows me well What is going to happen to Israel? mentioned, as far as I can recall, in the who would believe for a moment, if we What is going to happen to the people Constitution anywhere. But what is in had a Democratic President today, I of Israel? What is going to happen to the Constitution is the President would not be saying exactly what I am the Palestinians? What are the rami- should be Commander in Chief of the saying right now. fications of going to war in a preemp- Army and Navy and, indeed, the Air I took the position against our Presi- tive strike, which this Constitution Force and the Marines. dent on the line item veto. I did not go does not represent and does not allow? At this very moment, while we are in along with President Clinton because What are the ramifications around the this Chamber, Saddam Hussein is firing he supported the line item veto. Nor globe? What is the image of the United on our airplanes over Iraq, which have would I go with any President in this States then going to be: A nation that been operating for over a decade, try- more fateful matter, this question of is a rogue nation, that is determined to ing to enforce at least one of the reso- peace or war, if they were a Democrat. wipe out other nations with a preemp- lutions, 688, which precluded him from I am standing where the Constitution tive strike? And what will happen if we using force, such as poison gas and bio- says I should stand. deliver a preemptive strike? Will other logical weapons against his own people. There is no king in the American nations be encouraged to do the same? Just in the month of September, 60 scheme of things. There is no place for What will be the cost? How many men times have our airplanes and those of kings in our constitutional system. and women do we expect will become Great Britain and at one time France But there is a place for men. When I casualties if this country goes to war experienced that hostile fire against say ‘‘men,’’ of course, I am speaking of in a preemptive strike against Iraq? American and British aviators. Therein men and women, but when the Con- What is going to be the cost in dollars? is the constitutional responsibility of stitution was written it was only men. The President’s economic advisor our President to fire back. There is no place for weakness. There says: Oh, $100 billion or $200 billion. He A very good question which my good is no place for wishy-washiness. There says that is nothing, $100 billion. That friend raises, What is new? I am urging is only a place for steadfastness and a is nothing. Even $9 billion has been a the administration to try and share place for supreme dedication to the stumbling block and a bone in the craw more information with the Congress Constitution of the United States, for of this administration when it comes this week and to perhaps declassify in- every word that is in it, and to stand to appropriations bills. All that has formation, but I can only speak for my- by the spirit with which it speaks. We kept us from having agreements on ap- self as to what is new, and that is the cannot stand by that spirit and just go propriations bills is $9 billion. biological weaponry. It is an open fact along. The people want a political What is going to be the price tag? now. party that stands for something. They What is it going to cost in terms of It has been expressed by the chair- want men and women in office who homeland security? Might we expect man of the Joint Chiefs, Secretary stand for them. They do not want men other terroristic acts if we launch a Rumsfeld, that Saddam Hussein is and women in office who just go along preemptive strike? How can we be sure manufacturing this biological agent by because their party goes along or be- we will not be subject to preemptive using trucks. Three or four trucks con- cause the President goes along. They strikes of terrorists? What will be the stitute a small industrial plant, and want men and women who think for cost? What is likely to happen on our they can be moved around. It can be themselves and who keep in mind that borders? Are we going to have to main- containerized. It could be put in a bot- they are sent here by the people who tain greater vigilance in our ports? tle or can of baby powder and smuggled cannot speak on this floor but who ex- What is going to happen to the needs of into the United States. There are pect us to speak. veterans? What is going to happen to means, and all of us know how that

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9957 could be distributed in a harmful way me when I asked, What is new? What whom I have tremendous respect—he against our people. about these plans? Oh, there is no plan has been chairman of the Armed Serv- That is the new information that on the President’s desk. Even the ices Committee on which I sit—is get- compels me to take the actions I am President himself has said there is no ting the cart before the horse. Let’s let taking with others. I will, in the days plan. Even as late as October 1, just a the United Nations, that forum of to come, give other bits of information few day ago, 3 days ago, 4 days ago, the world opinion, speak. Let it make its that compel me to take this position President himself said he has not made decision; let’s see where those people behind this resolution. a decision to go to war. stand; let’s see where those other na- Mr. BYRD. Will the Senator yield? So what is new? That is what I am tions stand, and then come back to this Mr. WARNER. I am happy to yield. saying to my distinguished friend. We body and the body across the Capitol Mr. BYRD. He speaks of biological knew about their packaging. Why and let the Congress make its decision weapons in the hands of Saddam Hus- didn’t the CIA Director say it to me after the United Nations has taken a sein as being something new. That is when I asked him twice, once up in 407 position; otherwise, we get the cart be- not new. That is not new. and once in my own office, What is fore the horse. Let’s wait and see what This Nation itself helped to build, there that is new from your standpoint that world opinion says. Let’s wait and helped to create the building blocks of of intelligence that we did not know 3 see where they stand, the United Na- biological weaponry years ago when we months ago, 6 months ago? He has not tions, and then we will be in a better sent to Saddam Hussein, this country been able to come up with anything. position to make our decision. made available to Iraq, back in the So I say to my distinguished friend What we are doing here—if the dis- days when we thought that Saddam from Virginia, yes, I am concerned tinguished Senator will yield further? Hussein would be our friend. A few about packaging and all that. But that Mr. WARNER. Oh, yes. years later, after we provided Iraq help is not new. That should not make it Mr. BYRD. We are voting on this new in making biological weapons, today all-compelling that we vote on this Bush doctrine of preventive strikes— we find he is our enemy. matter of peace or war, or preemptive preemptive strikes. There is nothing in This is the way it is. Yesterday’s strike, before we go home. The people this Constitution about preemptive friend is today’s enemy. We have out there want us to come home. Let’s strikes. Yet in this rag here, this reso- known about the biological weapons go home to the people who send us lution, S.J. Res. 46, we are about to for years. We helped Iraq to have the here; let’s talk with them in town vote to put the imprimatur of the Con- building blocks. Now we have claimed meetings; let’s tell them what we gress on that doctrine. That is what this is something new. This is not new. know. They have questions they want the Bush administration wants us to This is not a new pretext. We have answered. Let’s go to our people, our do. They want Congress to put its known this all along. The Israelis knew bosses, the people whom we represent. stamp of approval on that Bush doc- these things. They knew what was hap- Let’s go back to them before we make trine of preemptive strikes. pening in Iraq with respect to nuclear this fateful decision once and for all, That is a mistake. That is a mistake. weapons. These things are not new, but which involves so much of the treasure Are we going to present the face of they are new just before this election. and blood of the people who sent us America as the face of a bully that is That is what I am saying. Let us come here. Let’s go back to them; let’s get ready to go out at high noon with both back after the election and then de- their feelings; and then we can come guns blazing or are we going to main- bate, and then, who knows? I might back and make this decision. tain the face of America as a country join with the distinguished Senator in Mr. WARNER. Madam President, I which believes in justice, the rule of promoting a resolution to declare war, will walk out of this Chamber after we law, freedom and liberty and the rights Congress declare war. complete our debate to go to my State, of all people to work out their ultimate Mr. WARNER. If I might say to my as others have gone to theirs, to listen destiny? good friend, I think it is helpful Sen- to my citizens. But I say to them, the Mr. WARNER. Madam President, if I ators engage as you and I are, and I timing of the work we are doing on this could turn to the reference to the hope throughout this debate there is a resolution is important now, for many United Nations and the timing, I wish great deal of that, Senator to Senator, reasons. But I draw to the attention of I were the student of history that my eye to eye, to talk about these issues. my colleague that the United Nations good friend ROBERT BYRD is. But this biological weaponry, the is now deliberating, at this very mo- I remember when you took me, hand ability to manufacture it and move ment, on the possibility of another res- in hand, to Rome and we went to the those sites around to conceal his indus- olution providing for yet another at- very site of the Roman Senate. Do you trial base, the ability to package it in tempt for an inspection regime. remember that day? You stood there, such a way that it now can be trans- If we show our strength and we show amidst the falling rubble of that his- ported long distances, I think that is our resolve as a unified Congress, be- toric building—if only they would re- new technology, which is troublesome hind the President, to the extent we do store it to its original integrity as ever to me. We know full well of the willing- that, it is to that extent that resolu- more a reminder of the strength of the ness and capability of terrorists to hit tion could be meaningful and have Senate as a body, in State legislatures us as they did on 9/11. We saw them at- teeth in it and enforceability in such a or wherever—but at any rate, what was tack the USS Cole. What is to prevent way that we can avoid the conflict of the quote of a Frenchman who said one those biological weapons being placed war to resolve this question of weapons time: Oh, tell me in which direction into the hands of this growing network of mass destruction, about which I the crowd is surging so I can run out of terrorists, people who hate the know my good friend may have a view and get in front and lead? United States, and bring it to our different from mine. Do you remember that quote? shores and distribute it? We know now he possibly does not Mr. BYRD. No, but I remember Cae- Mr. BYRD. Will the Senator yield? have an operative nuclear weapon, but sar, when he saw one of the Roman sol- Mr. WARNER. Yes. he is doing everything he can to get diers running away from the battle, he Mr. BYRD. Madam President, it was the materials to construct one or the took that Roman soldier and turned not more than 6 weeks ago when this materials to incorporate in such tech- him around. He said: You are running President, this administration, ex- nology as he has in place now. in the wrong direction. pressed concern at the ‘‘frenzy’’ that Mr. BYRD. Madam President, will That is what I am afraid we are people were being wrapped into. This the Senator yield? Will the Senator doing. We are running in the wrong di- administration tried to cool it 6 weeks yield? rection. ago, talking about the frenzy. Mr. WARNER. Oh, yes, of course, Mr. WARNER. No, but what I say is, We have heard this administration’s Madam President. what our President has done, to hope Cabinet Members out on the trail say Mr. BYRD. Madam President, may I that the United Nations will move in time and again, there is no plan, no say to my friend, he is getting the the right direction, is to go there and plan on the President’s desk. That is cart—I say most respectfully, the dis- speak to them and to lead, together what Secretary of State Powell said to tinguished Senator from Virginia, for with others—the Prime Minister of

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9958 CONGRESSIONAL RECORD — SENATE October 4, 2002 Great Britain and others—lead, not Why did we wait until this particular of Turkey and its leaders—am I not wait and see in what direction they go. moment? correct that Turkey has been a valiant No, that is the reason for the timing of That is one answer. partner in war in the area? this resolution. Mr. WARNER. Madam President, if I Mr. BYRD. Does the Senator know I would like to ask most respect- interject, we were flying those mis- how many times Turkey has violated fully—— sions. Our airmen were risking their the U.N. Security Council resolutions? Mr. BYRD. Madam President, will lives. That is what we did. More than 40 times. the Senator yield? Mr. BYRD. We were doing that, but I am a friend of Turkey. Mr. WARNER. Oh, yes. we ought to have been doing more. Mr. WARNER. I know the Senator is. Mr. BYRD. I think the President Why wait until an election and then Mr. BYRD. I say to my dear friend, would be in a much better position come up all of a sudden and say, Oh, we point to Iraq, for which I have no griev- with the United Nations to leave the have got to have this S.J. Res., we have ance, and talk about Iraq’s violations case as he had made it. He made a fine got to put into the hands of one man of United Nations Security Council res- case. He made a case in which there the trust and the temptation, which olutions. Turkey has violated those was no room for water or air. He placed Madison so well spoke against because resolutions; and that ain’t all. Israel it right in front of the United Nations, it was too much, too great for any one has violated those resolutions. Israel the fact that that body has been rec- man? has violated those Security Council reant in its duty and its responsibility. The gulf war, does the Senator re- resolutions. So don’t put it all on the It passed resolution after resolution member the total cost of that war? basis of violations of Security Council after resolution, and has done very lit- Mr. WARNER. No, I do not recall, but resolutions. tle. I know it was shared. I am simply saying—and the distin- I think the President is in a much Mr. BYRD. It was $61.1 billion. guished Senator can stay with me here better position, ultimately, if we let Does the Senator recall how much until the Moon is up and full at mid- the United Nations speak first and not the U.S. had to pay? night and until that Moon changes. go to the United Nations and say: Now, Mr. WARNER. Madam President, it Mr. WARNER. I am prepared to do we would love to hear what you have to seems to me a smaller fraction of it be- so. say, but regardless of what you have to cause our allies contributed a consider- Mr. BYRD. He can stay with me until say, we have made up our minds, and if able number. the cows come home, and I will always you don’t do it, we are going to do it. Mr. BYRD. That is right. We ended lead him right back to this foundation, Well, why not let him do it? I think this responsibility should be with the United States being left hold- my rock on which I stand. And it says: left clearly in the lap of the United Na- ing the bag for about $7.5 billion. Congress shall have the power to de- tions. We will make our decision later, Mr. WARNER. That is my recollec- clare war. when the President comes back to this tion. The administration can say all it institution which, under this Constitu- Mr. BYRD. That is a little over $7 wants. It can bring all of its Cabinet tion, has the power—not any Presi- billion. That is what we ought to be heads up and have them on television dent—the power to declare war. doing now. We ought to get these other on Sunday. It can bring Dr. Rice, it can Mr. WARNER. Madam President, I countries to belly up to the bar and bring Secretary Powell, it can bring draw to the attention of my colleague help to bear the cost of this war. We the secretary of war, it can bring the that it has been over a decade since are not doing that, though. We are hav- Vice President of the United States, hostilities were concluded in the sign- ing an administration that says, Give the President of this body, and they ing of those documents in the desert by it to me, give me the authorization to can say whatever they want until they Saddam Hussein’s Foreign Minister on go, and if you, the U.N., don’t do it, I are completely out of breath. And I April 6, 1991. Sixteen resolutions which will. guarantee you they will not once men- have been passed by this body have Who is ‘‘I’’? ‘‘I will.’’ ‘‘We will.’’ Who tion the Constitution of the United been ignored. Only one of them is re- is ‘‘we’’? States. They haven’t thus far. But they ceiving any degree of enforcement We are committing the American are going to be brought right back through the bravery of our airmen. people, we are committing the blood every time to face this Constitution I say, what is the record of the U.N., and the treasure of the American peo- which I hold in my hand, which says having sat there and let 16 resolutions ple to do what the United Nations Congress shall have the power to de- be ignored, allowing the inspectors to won’t do. I say, do what the President clare war. be driven out? And President Clinton has done thus far. Put it in the lap of Mr. WARNER. Madam President, I made his effort to get this Chamber to the United Nations and expect them to wish to ask one more question. I see pass a resolution for regime change, to give us an answer. Then come back to other colleagues seeking the floor. send the inspectors back. What frag- the people’s representatives and let Could I wrap up on one point in my col- ment of knowledge do you have about them make a determination as to loquy with the Senator? the U.N. that I do not possess, that whether or not at that point we should Mr. BYRD. Yes. Will the Senator they have sat there 16 times and said strike. Maybe we shouldn’t. allow me one thing? Then he has the do this—did not enforce it, allowed for Mr. WARNER. Madam President, floor and he can wrap up. a 4-year lapse in the inspection team to let’s stop and think. We are not in this Madam President, today—just be there—and are now considering at alone. Great Britain—I know of no Sen- today—I say this at 15 minutes until 3 this very moment sending another ator who has a greater respect for Eng- p.m. on this day, the 4th day of October team back? What is it about this insti- land’s participation as our ally in in the year of our Lord 2002—my office tution that instills in you the con- World War I, World War II. I have had has received 1,400 telephone calls—just fidence that this, the 17th resolution, if the privilege of going with my good today. And almost every single caller they adopt it, will have more force and friend to Great Britain and sitting in has said: Wait. Slow down. Don’t rush teeth and resolve and conviction than the Houses of Parliament. this through. did the previous 16? Mr. BYRD. That Anglo-Saxon blood If the Senator will allow me 1 more Mr. BYRD. Madam President, will flows through the veins of the Senator minute, I plead with those people out the Senator yield? from Virginia. there, I plead with the American peo- Mr. WARNER. Yes, of course. Mr. WARNER. My mother’s great- ple, let your voice be heard. You need Mr. BYRD. Madam President, what great-great-grandfather built Balmore to be heard. You have a right to be were we doing in those 4 years? What Castle, which the Queen uses as her heard. You have questions that should were we doing? What were we failing to home. be asked and answered. Let the leader- do that now comes to mind that makes But let us get back to this. Great ship of this Congress know that you us so determined and so hell-bent to Britain has helped us. I know Spain don’t want this resolution rammed vote on this rag, S.J. Res. 46, before and Portugal expressed an interest. through this Congress before the elec- this election? We knew all this for 4 I ask my good friend—I have seen tion. The life of your son may depend years. Where were we? him on this floor defending the courage upon it. The life of your daughter may

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Let the people back there speak to us check right upfront, without all of Mr. BYRD. The Framers foresaw and then come back after the election these flowery figleaves of ‘‘whereas’’ there might be that situation where and make this decision so we will not clauses, and simply say that the Presi- Congress might not be here and the be hearing the television ads and read- dent has this power. Give it to him and President would have to take action. ing the newspaper ads with respect to we will put up a sign on the top of this But this resolution is saying something politics while we have to make this de- Capitol: ‘‘Out of business.’’ Gone home. far different. That is not what this res- cision. ‘‘Gone fishing.’’ Put up a sign: ‘‘We are olution says. I hope the people will speak out. Let out of it. We are out of business. We, Read it. It does not say that the the hills and the mountains and the here in the Congress, are out of busi- President has the inherent power to valleys reverberate with the sound of ness,’’ may I say to my friend. repel an instant, an unforeseen attack your voices. It is your country. Stand Now, I know his intentions are the on this Nation. It does not say that. for it now. People out there, speak out, best. I believe that. I respect him. I Now, I go along with that. But I do not write, use the telephones, use the mail, have served with him. He is a reason- go along with this. This says: and let the leadership of this Congress able man. I consider it an honor to be The President is authorized— hear you. Tell them to wait. a Member of the same body. He is al- I thank the distinguished Senator for We are handing it right over, right ways a man with whom one can debate, now, if we pass this. We are not saying his kindness. disagree, agree, and he does not carry Mr. WARNER. Madam President, if I come back tomorrow or next week or it out of this Chamber. He is a good could ask one further question of my next month or next year. man at heart. He loves his country. He good colleague, first, I join with the The President is authorized— Senator in encouraging the people to has served his country. He is loyal to his country, sometimes too loyal to his That means here and now, as soon as speak out, write, and call. I welcome he signs his name on this piece of those who disagree with my views, or party, may I say, which cannot be said of this Senator from West Virginia. paper. those who might wish to associate with The President is authorized to use all my views and those of others who have Party is important, but not all that important. means that he determines— written this resolution. He determines— But I say to my good friend that it is But I say, instead of just passing this always a learning experience to join resolution, why don’t we say upfront: to be appropriate. him on this historic floor of this great Let’s give this man downtown a blank What ‘‘he determines to be appro- Chamber of this Senate, which he has check. Leave it all to him. Give it to priate.’’ The Senator from Virginia referred to with the deepest of affec- him lock, stock, and barrel. We’ll go may not determine that to be appro- tion for so many years as the greatest home. Put a sign on the Capitol: ‘‘Out priate. What ‘‘he determines to be ap- deliberative body on Earth. of business until we are called back by propriate, including force. . . .’’ That The Senator mentioned Madison. By the President under the Constitution.’’ means the Army, the Navy, the air- coincidence, my itinerary this weekend We will go home. We will go fishing, planes, everything—‘‘including force. will take me to Madison County, VA, play golf, study, read, write our mem- . . .’’ where there is a little museum that has oirs—‘‘out of business.’’ In order to do what? some of the fragments and memora- Why don’t we just do that, instead of in order to enforce the United Nations Se- bilia of that great statement. going through this kind of blank curity Council Resolutions referenced I ask this one last question: This doc- check, and covering it over with above— ument will rest on every Senator’s figleaves and ‘‘whereases’’ that are Well, what is that: ‘‘referenced desk. S.J. Res. 46 was introduced by flowery—flowery—beautiful? Oh, they above’’? You have to go through all our colleague who sits right here, JO- are pretty figleaves, they are pretty these beautiful figleaves to find out SEPH LIEBERMAN, for himself and Mr. ‘‘whereases.’’ But that is what this all what resolutions are referenced. And WARNER of Virginia, and others. I amounts to: Nothing; a poison pill cov- even some of those resolutions have wrote the resolution with others in ered with sugar. That is all we are long gone out of existence. They no 1991. It was then the Warner-Lieberman doing. longer exist. And yet are we going to resolution. Now I think, appropriately Mr. WARNER. Madam President, I raise from the dead, like Lazarus, U.N. with the majority resting on that side, say to my friend, the President of the resolutions that have long ago gone it is the Lieberman-Warner resolution. United States, as I read the Constitu- out of existence, that no longer have But I ask my good friend: Is there a tion, has the authority, at this very life in their bodies? word in this resolution—and I hold my- moment, to employ the men and No. We say we are going to revive self responsible for the words in this women of our Armed Forces in the de- them. Like the Shulamite woman in resolution. Is there any word, is there fense of our Nation. the Bible, we are going to revive her any sentence, is there any paragraph Mr. BYRD. No. That Constitution son. that exceeds the authority given to the does not say that. No, no, no. . . . referenced above— President of the United States in the Mr. WARNER. I think it is implied in Constitution which you love and defend there. ‘‘Referenced above’’? They do not tell so dearly? Mr. BYRD. Oh, no, no. you specifically what resolutions. Mr. BYRD. Absolutely. Absolutely. Mr. WARNER. As Commander in defend the national security interests of This whole piece, this great expendi- Chief, if he believes an attack has been the United States against the threat— ture of paper, is nothing more than a made on this country, or that an at- What threat? Is it a direct, imme- blank check given to the President of tack is imminent which he believes he diate, imminent attack on this coun- the United States to use the forces of has to preempt, he has the authority to try? Then, that is one thing. But this country, the military forces, in use those forces, and we don’t have to ‘‘against the threat posed by Iraq. . . .’’ whatever way he determines, whenever pass this. A threat determined by whom? Who he determines, and where he deter- Mr. BYRD. No. Wait a minute. The determines what the threat is? mines to use those forces to ‘‘defend Senator is saying two different things against the threat posed by Iraq, and re- the national security interests of the now. I say that under this Constitu- store international peace and security in the United States against the threat posed tion, this President—any President—as region. by Iraq, and restore international Commander in Chief of our country, What a broad grant of naked power. peace and security in the region.’’ and as the chief executive officer of To whom? One person, the President of

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9960 CONGRESSIONAL RECORD — SENATE October 4, 2002 the United States. This Constitution against the continuing threat posed by President of the United States by this itself refutes—it refutes—this resolu- Iraq, and Congress also included the Constitution. We have a disagreement tion right on its face. language ‘‘and enforce all relevant U.N. on that. Mr. WARNER. Madam President, if I Security Council resolutions regarding Mr. BYRD. Will the Senator join his could say to my dear friend, on the Iraq.’’ How much looser can that be, friend from across the mountains, desk are two resolutions. The one that ‘‘enforce all relevant’’? What do we across the Alleghenies, in putting lan- was originally introduced by Mr. mean by ‘‘relevant U.N. Security Coun- guage into this resolution which he ad- DASCHLE and Mr. LOTT— cil resolutions’’? vocates here, would he join me in put- Mr. BYRD. All right. A resolution may have long ago ex- ting language in here which indubi- Mr. WARNER. I say to you, sir, that pired, gone out of existence by virtue tably states, unquestionably states the is the one to which you referred. of the happening of some circumstance. authority of the Constitution, which Mr. BYRD. Let me look at that one. Yet like Lazarus, we are going to say: requires that Congress declare war, not Mr. WARNER. Fine. Lazarus, come forth, and Lazarus came be impinged upon by this resolution in Mr. BYRD. Let me read from it. forth when Jesus called him to come any way? Mr. WARNER. But the one I drew forth. He came forth wrapped in his Mr. WARNER. Madam President, your attention to, I say to my good grave clothes. And Jesus said: Loose that is a challenge. I will consider that. friend, is the one drawn by Mr. LIEBER- him and let him go. But let me just say, earlier today I re- MAN and myself, which language is We can’t say that about U.N. Secu- counted how this body has only used somewhat changed. This is the one rity Council resolutions. We can’t say that power to declare war five times. that is presently the subject of this de- ‘‘resolutions come forth; come forth in Yet we have sent forward men and bate. your grave clothes. Loose that resolu- women of the Armed Forces into Mr. BYRD. Yes. Let me read it. tion and let it go.’’ We can’t say that. harm’s way upwards of 200 times. I say I am sorry Mr. LIEBERMAN has joined That is what we are saying here, ‘‘en- to my friend, that is a challenge. in this resolution, but he is a Senator, force all relevant United Nations Secu- I assert very firmly, there is nothing and he has the perfect right to join any rity Council resolutions regarding in this resolution that goes beyond the resolution he wants to join. Iraq.’’ authority the President has. This But I think the American people This is, plain and simple, a blank President, as well as any other Presi- want somebody who stands for some- check given to the President of the dent, could act tomorrow without the thing. They are tired of this wishy- United States. I won’t touch it. With specific authority of Congress, if he felt washy going along and saying: We have all respect to those Senators who be- it was necessary to use the troops to to get it over, and we have to put it be- lieve in what they are doing, they be- defend the security interests of this hind us. lieve in it as sincerely as I believe they country. We are not going to put this thing be- are wrong, but they believe they are Mr. BYRD. The Constitution does not hind us. The President has chosen to right. I don’t say anything with respect say that. That is exactly what my make this the battlefield. Iraq: He has to their integrity. I don’t challenge friend is wanting to read into this Con- chosen to make that the battlefield. their honor. I don’t challenge for a mo- stitution. I don’t mean just my friend, His administration has chosen to do ment their dedication to their country. I mean the others who support his that. His chief political adviser, Karl I say it is wrong. view. Rove, advised the Republican members We are giving to the President of the Will the Senator yield? of the National Committee in January United States a blank check, and Con- Mr. WARNER. Yes. to do that, make that the battlefield. gress cannot do that. Congress should Mr. BYRD. He has said this Nation So they have chosen to do it. And you not do that. Where is the termination? has issued a declaration of war but five will find a way to get away from it. Where is the deadline? Where is the times. That is right. There have been You can’t do it. sunset language that says after this 12 major wars in which this country So let’s fight that battle on that bat- happens, this resolution shall no longer has participated. We have had five dec- tlefield, and in so doing, let’s draw at- exist, this resolution we are over and larations of war by this Congress out of tention to the shortcomings of this ad- done with? There is nothing. This goes those 12 wars. But out of six of the re- ministration when it comes to the do- on to the next President of the United maining seven, the President acted on mestic issues and the problems facing States. authorizations by statutes. They were this Nation: health issues, the issues of Show me if I am wrong. It goes on to not declarations of war as such, but homeland security. That is where the the next President of the United they were statutes from which the au- battle ought to be fought. But if it States, and the next one. We are going thorization could be drawn. So that is were fought on that battleground, the to have a Democratic President at 11 of the 12. The 12th was in Korea, and eyes of the people would not be de- some point in this country. Then where Congress did not declare war. Congress flected during an election. will my friends on the other side of the did not authorize the forces of this Well, here is what the verbiage says: aisle be? I know where they will find country being injected into that con- The President is authorized to use the me. They will find me right where I am flict. That was done by Harry Truman, Armed Forces of the United States as he de- now, if God lets me live. But that is and he is my favorite Democratic termines— what we are doing. We are unwittingly President during my career, not my fa- ‘‘He.’’ Madison said that was too passing a blank check, not just to this vorite all-time Democratic President. much, too much trust, too much temp- President but to any future President, By the way, Eisenhower is my favor- tation, too great to be turned over to until such time as the Congress acts to ite Republican President during this any one man. And that is precisely repeal or amend this resolution. time. what we are doing here. I am not willing to do it. Put a sun- Back on the subject, there were 12 set provision in it. That would help major wars. The distinguished Senator The President is authorized to use the Armed Forces of the United States as he de- some. from Virginia has mentioned the num- termines to be necessary and appropriate in Mr. WARNER. Madam President, I ber 200. He has said we have had mili- order to— thank my colleague. I thank him for tary forces involved in over 200 con- (1) defend the national security of the recognizing what he was reading from flicts. Yes, in over 200, but they were United States against the continuing threat previously is separate from the resolu- not major conflicts. They were minor posed by Iraq— tion which I coauthored with Senator skirmishes having to do with cattle Why, Iraq has posed a threat for dec- LIEBERMAN which he now has read. rustlers, having to do with pirates, ades now. But how imminent and how That is the subject. I say most respect- having to do with minor engagements. much is it directed toward the heart of fully to my colleague, I firmly say No, they were not major conflicts. America? there is nothing in this resolution, of Mr. WARNER. Madam President, the He can do anything he wants and say: which I was privileged to be a coauthor war in Vietnam did not have a declara- Well, Congress said I could defend the with others, which in any way tran- tion. That was not minor, and you national security of the United States scends the authority given to the know that well. There were over 50,000

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9961 casualties. The war in Korea, in which West Virginia and my friend from Vir- ger to our young men and women in I had a very modest role in the Marine ginia, I hope over the period of these uniform, to our ally Israel, to regional Corps, was not modest. There were over next several days as we contemplate stability, the international commu- 50,000 casualties. this issue, going into next week, the nity, and victory against terrorism. Mr. BYRD. I said for the war in American people will take the time to There is clearly a threat from Iraq, Korea, we did not have a declaration. follow not only the debate here but to and there is clearly a danger, but the Mr. Truman put our troops there, and understand what is at stake with the administration has not made a con- we didn’t have a declaration. various resolutions that are going to be vincing case that we face such an im- Let’s go back to the war in Vietnam. coming before us. minent threat to our national security I was here. I was one of the Senators I was going to inquire of the Senator that a unilateral, pre-emptive Amer- who voted for the Gulf of Tonkin reso- from West Virginia. As I understand ican strike and an immediate war are lution. Yes, I voted for the Gulf of Ton- previous resolutions which have been necessary. Nor has the administration kin resolution. I am sorry for that. I considered by the Security Council, the laid out the cost in blood and treasure am guilty of doing that. I should have only resolution that provided for the of this operation. been one of the two, or at least I should use of force was the 1990 resolution, With all the talk of war, the adminis- have made it three, Senators who voted and it was pursuant to that resolution tration has not explicitly acknowl- against that Gulf of Tonkin resolution. that passed the Security Council where edged, let alone explained to the Amer- But I am not wanting to commit that the President then came to the Con- ican people, the immense post-war sin twice, and that is exactly what we gress and asked for the Congress’ au- commitment that will be required to are doing here. This is another Gulf of thorization to go to war. I believe when create a stable Iraq. Tonkin resolution. I am not going to we are talking about resolutions, The President’s challenge to the vote for that this time. No. Don’t count which was one of the many valid points United Nations requires a renewed ef- me in on that. the Senator was making, on that par- fort to enforce the will of the inter- I see my friend, the Senator from ticular occasion the Security Council national community to disarm Sad- Massachusetts. I join with the Senator authorized the use of force, and then dam. Resorting to war is not America’s from Virginia in wanting to hear what the President came to the Congress to only or best course at this juncture. that Senator has to say. That is my an- ask for the authorization, and was able There are realistic alternatives be- swer to the Senator. to gain the authorization, and the tween doing nothing and declaring uni- Mr. WARNER. I respect this. We just American forces were committed. But lateral or immediate war. War should have strong differences. I think we that is an entirely different situation, be a last resort, not the first response. have stated them. as the Senator pointed out during his The Bush administration says Amer- I would like to read this bit of his- exchange with my friend from Virginia. ica can fight a war in Iraq without un- tory. I was going to save this for next Mr. President, I intend to oppose the dermining our most pressing national week. You have raised properly the Lieberman-Warner resolution author- security priority—the war against al- classification of this current set of izing the use of force against Iraq. Qaida. But I believe it is inevitable facts as presenting the preemptive America should not go to war against that a war in Iraq without serious issue. But let me read you—I will hand Iraq unless and until all other reason- international support will weaken our this to you, but it will be in the able alternatives are exhausted. effort to ensure that al-Qaida terrorists RECORD—use of the military forces of Just a year ago, the American people can never, never, never threaten Amer- the United States in engagements and the Congress rallied behind the ican lives again. which have the facts that could be President and our Armed Forces as we Unfortunately, the threat from al- judged as preemptive action by our went to war in Afghanistan. Al-Qaida Qaida is still imminent. The Nation’s Presidents: In 1901, in the Colombia- posed a clear, present and continuing armed forces and law enforcement are Panama engagement; 1904, 1914, and danger. The need to destroy al-Qaida on constant high alert. America may 1965, the Dominican Republic; 1912, was urgent and undeniable. have broken up the network in Afghan- Honduras; 1926, Nicaragua; 1958, Leb- In the months that followed Sep- istan and scattered its operatives anon; 1962, naval quarantine of Cuba; tember 11, the Bush administration across many lands. But we have not 1983, Grenada; 1986, Libya; 1989, Pan- marshaled an impressive international broken its will to kill Americans. We ama, Just Cause; 1992, Somalia; 1998, coalition. Today, 90 countries are en- know that al-Qaida is still there, and Sudan; 1998, Iraq, Desert Fox, when listed in the effort, from providing still here in America—and will do all it President Clinton ordered that; 1999, troops to providing law enforcement, can to strike at America’s heart and Kosovo. You and I had that resolution intelligence, and other critical support. heartland again. But we don’t know together, brother Senators, on Kosovo. I am concerned that going to war when, where, or how this may happen. We did the right thing. against Iraq before other means are On March 12, CIA Director Tenet tes- Mr. BYRD. We may have been broth- tried will jeopardize the war against tified before the Senate Armed Serv- er Senators on the resolution which terrorism. One year into the battle ices Committee that al-Qaida remains brought us out of Somalia. against al-Qaida, the administration is ‘‘the most immediate and serious Mr. WARNER. I remember that well. shifting focus, resources, and energy to threat’’ to our country, ‘‘despite the Mr. BYRD. I thank the distinguished Iraq. The change in priority is coming progress we have made in Afghanistan Senator. He has been very liberal—— before we have eliminated the threat and in disrupting the network else- Mr. WARNER. Not liberal but pre- from al-Qaida, before we know whether where.’’ pared. Osama bin Laden is dead or alive, and Even with the Taliban out of power, Mr. BYRD. He was gracious in his before we know whether the fragile Afghanistan remains fragile. Security yielding to me. The Senator from Mas- post-Taliban government in Afghani- remains tenuous. Warlords still domi- sachusetts is going to address the Sen- stan will succeed. nate many regions, and 17 people were ate at 2:30. No one disputes that America has recently killed in fighting between Mr. WARNER. We will have more on lasting and important interests in the rival warlords in the northern moun- this floor in the days to come. Persian Gulf, or that Iraq poses a sig- tains. I yield the floor. nificant challenge to U.S. interests. Our reconstruction efforts, which is The PRESIDING OFFICER (Mr. There is no doubt that Saddam Hus- vital to long-term stability and secu- ROCKEFELLER). The Senator from Mas- sein’s regime is a serious danger, that rity, is in doubt and is cause for con- sachusetts is recognized. he is a tyrant, and that his pursuit of tinuing concern. Some al-Qaida Mr. KENNEDY. Mr. President, I com- lethal weapons of mass destruction operatives—no one knows how many— mend my two colleagues and friends for cannot be tolerated. He must be dis- have faded into the general population. framing this issue as it has been armed. Terrorist attacks are on the rise. A framed over the period of these last Our goal is to achieve this objective bomb exploded near the U.S. Embassy hours, and I appreciate the nature of in a way that minimizes the risks to in Kabul last week. A car bomb took 26 the discussion. I say to my friend from our country. We cannot ignore the dan- lives in that city earlier in September.

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9962 CONGRESSIONAL RECORD — SENATE October 4, 2002 The U.S. military base in Bagram is proliferator of weapons of mass de- tion himself or by sharing them with under periodic fire. struction. terrorists. President Karzai, who has already In public hearings before the Senate Such a war would also pose great survived one assassination attempt, is Armed Services Committee in March, risks to our armed forces. Some who still struggling to solidify his hold on CIA Director George Tenet described advocate military action against Iraq power. And although neighboring Paki- Iraq as a threat but not as proliferator, assert that air strikes will do the job stan has been our ally, its stability is saying that Saddam Hussein ‘‘is deter- quickly and decisively, and that the far from certain. mined to thwart U.N. sanctions, press operation will be complete in 72 hours. It is an open secret in Washington ahead with weapons of mass destruc- But there is no persuasive evidence that the Nation’s uniformed military tion, and resurrect the military force that air strikes alone over the course leadership is skeptical about the wis- he had before the Gulf War.’’ That is of several days will incapacitate Sad- dom of war with Iraq. They share the unacceptable, but it is also possible dam and destroy his weapons of mass concern that it may adversely affect that it could be stopped short of war. destruction. Experts have informed us the ongoing war against al-Qaida and In recent weeks, in briefings and in that we do not have sufficient intel- the continuing effort in Afghanistan by hearings in the Armed Services Com- ligence about military targets in Iraq. draining resources and armed forces al- mittee, I have seen no persuasive evi- Saddam may well hide his most lethal ready stretched so thin that many Re- dence that Saddam could not be de- weapons in mosques, schools and hos- servists have been called for a second terred from attacking U.S. interests by pitals. If our forces attempt to strike year of duty, and record numbers of America’s overwhelming military supe- such targets, untold number of Iraqi ci- service members have been kept on ac- riority. vilians could be killed. tive duty beyond their obligated serv- I have heard no persuasive evidence In the gulf war, many of Saddam’s ice. that Saddam is on the threshold of ac- soldiers quickly retreated because they To succeed in our global war against quiring the nuclear weapons he has did not believe the invasion of Kuwait al-Qaida and terrorism, the United sought for more than 20 years. was justified. But when Iraq’s survival States depends on military, law en- The administration has offered no is at stake, it is more likely that they forcement, and intelligence support persuasive evidence that Saddam would will fight to the end. Saddam and his from many other nations. We depend transfer chemical or biological weap- military may well abandon the desert, on Russia and countries in the former ons of mass destruction to al-Qaida or retreat to Baghdad, and engage in Soviet Union that border Afghanistan any other terrorist organization. As urban, guerrilla warfare. for military cooperation. We depend on General Hoar told the members of the In our September 23 hearing, General countries from Portugal to Pakistan to Armed Services Committee, a case has Clark told the Armed Services Com- the Philippines for information about not been made to connect al-Qaida and mittee that we would need a large mili- al-Qaida’s plans and intentions. Iraq. tary force and a plan for urban warfare. Because of these relationships, ter- To the contrary, there is no clear and General Hoar said that our military rorist plots are being foiled and al- convincing pattern of Iraqi relations would have to be prepared to fight Qaida operatives are being arrested. It with either al-Qaida or the Taliban. block by block in Baghdad, and that we is far from clear that these essential General Clark testified before the could lose a battalion of soldiers a day relationships will be able to survive the Armed Services Committee on Sep- in casualties. Urban fighting would, he strain of a war with Iraq that comes tember 23 that Iran has had closer ties said, look like the last brutal 15 min- before the alternatives are tried—or to terrorism than Iraq. Iran has a nu- utes of the movie ‘‘Saving Private comes without the support of an inter- clear weapons development program, Ryan.’’ national coalition. and it already has a missile that can Mr. BYRD. Will the Senator yield at A largely unilateral American war reach Israel. that point? that is widely perceived in the Muslim In August, former National Security Mr. KENNEDY. I yield. world as untimely or unjust could Advisor Brent Scowcroft wrote that Mr. BYRD. I have listened with great worsen, not lessen, the threat of ter- there is ‘‘scant evidence’’ linking Sad- interest to what he is saying. Does the rorism. It could strengthen the ranks dam Hussein to terrorist organizations, Senator know—he is on the Armed of al-Qaida sympathizers and trigger an and ‘‘even less to the September 11 at- Services Committee of the Senate as I escalation in terrorist acts. As General tacks.’’ He concluded that Saddam am—does he know of any plan the ad- Wesley Clark, the former Supreme Al- would not regard it as in his interest to ministration has in readiness to deal lied Commander in Europe, told the risk his country or his investment in with any one of these several possible Senate Armed Services Committee, weapons of mass destruction by trans- contingencies in which we may find that kind of war against Iraq, would ferring them to terrorists who would ourselves if we attempt to launch a ‘‘super-charge recruiting for al-Qaida.’’ use them and ‘‘leave Baghdad as the re- unilateral strike, a unilateral inva- In a September 10 article, General turn address.’’ sion? Does he know of any plan that Clark wrote: At the present time, we do face a the administration has? Unilateral U.S. action today would disrupt pressing risk of proliferation—from I have heard time and again the ad- the war against al-Qaida. Russia’s stockpile of weapons of mass ministration’s surrogates say that the We ignore such wisdom and advice destruction. America spends only $1 President has no plan on his desk. The from many of the best of our military billion a year to safeguard those weap- distinguished Senator has made ref- at our own peril. ons. Yet the administration is pre- erence to a plan. Does he know of any General Joseph Hoar, the former paring to spend between $100 billion plan that the administration has ready Commander of the Central Command, and $200 billion on a war with Iraq. today and, if so, does he not believe the advised the Armed Services Committee I do not accept the idea that trying American people ought to know some- on September 23 that America’s first other alternatives is either futile or thing about that plan? Does he believe and primary effort should be to defeat perilous—that the risks of waiting are the Congress ought to be informed of al-Qaida. greater than the risks of war. Indeed, that plan? We have known for many years that by launching a war against Iraq now, Mr. KENNEDY. The Senator has Saddam Hussein is seeking and devel- before other alternatives are tried in asked the right question. The answer is oping weapons of mass destruction. Our good faith, the United States may well that the best information we have is intelligence community is also deeply precipitate the very threat that we are the President has been given alter- concerned about the acquisition of intent on preventing—weapons of mass natives, but the Armed Services Com- such weapons by Iran, North Korea, destruction in the hands of terrorists. mittee has not been given those alter- Libya, Syria and other nations. But in- If Saddam’s regime and his very sur- natives, those estimates, the different formation from the intelligence com- vival are threatened, then his view of possibilities that might occur should munity over the past 6 months does not his interests may be profoundly al- forces be engaged. No one is looking at point to Iraq as an imminent threat to tered. He may decide he has nothing to a particular kind of military operation, the United States or a major lose by using weapons of mass destruc- but people want to gather information

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9963 of the totality of what might be nec- willing to have them. I would welcome say? After all, they are the ones who essary and what might be expected. the fact that we have those hearings, are going to have to pay the price. We That certainly has not been shared and I am going to suggest it to the will go home and we will await this with the Armed Services Committee. chairman of that committee that we do fateful, momentous, all-important, I repeat, no one has been asking for that prior to the time we vote. vital decision until after the election, the details of a military operation. We Mr. WARNER. Mr. President, we and we will come back. would not expect it. But the type of were to have the hearing on General When I was the majority leader of issues—the magnitude, what can be ex- Franks today. Now, the reason it was this Senate, I, from time to time, in- pected within the country, what will be not held, I leave that to my colleague cluded in the adjournment resolution a expected from our allies, what will be from Massachusetts to consult with provision that allowed me to call the the reaction from many of those coun- the chairman. Senate back after discussing it with tries that are on the front line of help- Mr. KENNEDY. We do not need the the minority leader. I was able to call ing the United States in the fight hearing to have the administration it back. Why should we go home? What against terrorism and deal with the spell out to the American people what is there about this that says we need to challenges of al-Qaida—we have not will be involved in this whole under- make this decision now and go home? I seen any of those estimates, nor have taking. The President can do this. The have only heard the feeble excuse: Oh, we seen what the burden would be on Secretary of Defense can do it. The we have to put it behind us. the United States in a postwar situa- general can do it at any time. We do Does the Senator believe, with me, tion. not need the hearing. that we are not going to put this be- We know of the difficulties and chal- These are the questions that the Sen- hind us, even though we vote on this lenges in Afghanistan. ator from West Virginia and others resolution? If we are weak enough to We see the tenuousness of that whole have asked on this. We still have not support this resolution, with all due re- regime, the difficulties that we are fac- gotten it. The American people have spect to the authors thereof, this is a ing in terms of Pakistan, in terms of not gotten it. We do not need the hear- blank check to the President of the its various challenges economic-wise, ings just to satisfy ourselves. The United States, dressed up in the glit- but we have not received any kind of American people are entitled to this tering figleaves of ‘‘whereases,’’ beau- information about what would be the information certainly if we are going tifully flowered whereases. They are burden upon the Americans in terms of to be going to war. pretty, but this is nothing but a blank a postwar period. That is something Mr. BYRD. Mr. President, will the check. There could be a saving in paper that should certainly be explained, distinguished Senator yield for another if we wrote it in one sentence, just turn other than the general figure that it question? it over lock, stock, and barrel, give it will cost somewhere between $100 bil- Mr. KENNEDY. Yes. to the President of the United States— lion and $200 billion. Mr. BYRD. Mr. President, I under- not only this one but also the next one. Mr. WARNER. Mr. President, could I stand it is possible the United States It is so broad in scope and there is no just add a fact here? In August, I be- could be lucky if the United States end to it. It is just open ended. came so concerned about the national made a unilateral decision to invade May I ask my friend from Massachu- dialogue on this issue that I took it Iraq. We could be lucky, but we might setts, why shouldn’t the leadership of upon myself to write the chairman of not be. this Congress say that the concerns are the Armed Services Committee, Sen- Does the Senator have any idea, so great, the potential is so weighty, ator LEVIN, urging that promptly upon based on his having information from that we, the people’s representatives, the Congress returning from its August the administration, what is the likeli- ought to go back and talk to the Amer- recess period we initiate hearings. hood we might find ourselves bogged ican people about this? Let’s hear from Senator LEVIN and I worked together down in the hot sands of the Middle them before we make this final deci- on the scheduling of hearings. We East and our men and women may have sion. talked before the August recess and in to fight a house-to-house, apartment- Why should we have to have our due course a hearing schedule was put to-apartment battle in any one of the thoughts cluttered up with an election, together. Regrettably, the timing of cities of Iraq? What would be the cost with the supercharged politics of this those hearings has been such that our in terms of human life, not only of atmosphere in which we vote? Why committee apparently will not have its Iraqis but of our own men and women, should we be forced to make this deci- hearing with the four Chiefs of Services if we were faced with a war in which we sion now? Does the Senator agree with who were to come before the Armed have to go street by street, avenue by me? Services Committee. avenue, house by house, floor to floor, Mr. KENNEDY. The Senator is quite A second hearing we had tentatively to root out the snipers? What would be correct in terms of his whole analysis, agreed on was having General Franks, the cost in American lives? I believe, of the underlying resolutions the commander in chief of the par- The distinguished Senator has stated that are before the Senate and the fact ticular area of operation that is in- that in this war, Saddam may believe that we were effectively yielding the volved, to come before the committee. he has nothing to lose by pushing the decisionmaking power of making war So I say to my friend, regrettably, we button and going the final mile, the or peace—effectively unilaterally turn- have not had the opportunity—I tried last way, and making whatever expend- ing that over just to the decision of the in August to get these started, but we iture in human life that flows from President of the United States, as the just did not complete that hearing that decision. I wonder if the adminis- Senator pointed out. schedule. tration, in its planning, has determined The Gephardt-Lieberman-Warner Mr. KENNEDY. I thank the Senator at any point that we may be faced with language says they can take unilateral for his comments, which I think make that kind of situation. action without a Security Council the point that Senator BYRD and I I wonder this further, if the Senator mandate to defend against a threat would make, and that is that we ought will allow me: Have the American peo- posed by Iraq. It talks about the test to to have those hearings prior to the ple been asked to face up to that possi- defend against the continuing threat time we give the authorization to go to bility? And, no, the administration will from Iraq. war. I cannot believe that Senator not make its military officers available The Senator, in his earlier exchange, LEVIN would not welcome the oppor- for one reason or another to accommo- points out that language is certainly tunity to have those hearings men- date the Senate Armed Forces hear- not even implied in terms of whatever tioned by the Senator before the time ings, but why then do we have to rush authority the President has to provide we would have the vote on it. The Sen- in and make a decision before an elec- for the security of the United States. It ator from Virginia makes an excellent tion that is only 30 days away? Why would have to be an imminent threat. point. This Congress has not heard should the leadership of this Congress The Senator had a very strong ex- from those who are in the authority. It not say we are going to go home, we change and made that case effectively. certainly is not because Senator LEVIN, are going to talk to the people, we are The test in the Gephardt-Lieberman- who has had a series of hearings, is not going to listen to what they have to Warner Resolution says to defend

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9964 CONGRESSIONAL RECORD — SENATE October 4, 2002 against the continuing threat from Hussein with catastrophe if he used But to maintain the credibility he Iraq—that is the operative word. And weapons of mass destruction. In that built when he went to the U.N., the in Biden-Lugar it talks about dealing war, although Saddam launched 39 President must follow the logic of his with the threat of Iraq is ‘‘so grave’’ Scud missiles at Israel, he did not use own argument. that force should be used. New words, the chemical or biological weapons he Before we go to war, we should give ‘‘so grave.’’ The President already said had. the international community a cred- it was a grave situation. If Saddam’s regime and survival are ible opportunity to meet the Presi- In effect, if that was to be accepted— threatened today, he will have nothing dent’s challenge—to renew its resolve the President already said it was a to lose, and may use everything at his to disarm Saddam Hussein completely grave situation. It would, in effect, disposal. Israeli Prime Minister Ariel and effectively. This makes the re- grant unilaterally, without any in- Sharon has announced that instead of sumption of inspections more impera- volvement in the international com- its forbearance in the 1991 Gulf War, tive and perhaps more likely than at munity, any effort whatsoever to try this time Israel will respond if at- any time since they ended in 1998. and bring allies into this, give the au- tacked. If weapons of mass destruction So this should be the first aim of our thority for the President to go ahead land on Israeli soil, killing innocent ci- policy—to get U.N. inspectors back with war, as the President has indi- vilians, the experts I have consulted into Iraq without conditions. I hope cated he may very well do. believe Israel will retaliate, and pos- the Security Council will approve a Back to the Senator’s other question sibly with nuclear weapons. new resolution requiring the Govern- about what the general said September This escalation, spiraling out of con- ment of Iraq to accept unlimited and 23. General McInerney believed that 72 trol, could draw the Arab world into a unconditional inspections and the de- hours of bombing would effectively regional war in which our Arab allies struction of any weapons of mass de- break the spirit and the military capa- side with Iraq, against the United struction. bility of Iraq. I will let him speak in States and against Israel. And that The Security Council resolution his own words, and I ask unanimous would represent a fundamental threat should set a short timetable for the re- consent to have pertinent statements to Israel, to the region, and to the sumption of inspections. It should also printed after my remarks. world community. require the head of the UN inspection The PRESIDING OFFICER. Without Nor can we rule out the possibility team to report to the Security Council objection, it is so ordered. that Saddam would assault American at frequent intervals. No delaying tac- (See exhibit 1.) forces with chemical or biological tics should be tolerated—and if they Mr. KENNEDY. The conclusion I weapons. Despite advances in pro- occur, Saddam should know that he drew was it would be basically a clean- tecting our troops, we do not yet have will lose his last chance to avoid war. up operation. the capability to safeguard all of them. The Security Council Resolution The members of our armed forces are That was not what GEN Wesley Clark should authorize the use of force, if the serving our country with great distinc- or General Hoar stated. Wesley Clark, inspection process in unsatisfactory. tion. Nearly 70,000 Reservists and Na- the general in Kosovo, and General And there should be no doubt in Bagh- tional Guardsmen have been mobilized Hoar, the distinguished marine and dad that the United States Congress for the war against terrorism. The Pen- central commander in Europe, two will strongly support the determina- tagon has also been forced to retain very prominent, distinguished, extraor- tion of the international community 22,000 service members involuntarily, dinary military officials worth listen- and President Bush to disarm Saddam. due to critical shortages of pilots, in- ing to—General Clark on that day told The return of inspectors with unfet- telligence specialists, and security per- the Armed Services Committee that we tered access and the ability to destroy sonnel. This number is almost as high would need a large military force and a what they find not only could remove as in the Gulf War, in which 29,000 serv- plan for urban warfare. any weapons of mass destruction from ice members were involuntarily re- Those are not my words, not my con- Saddam’s arsenal. They could also be tained. clusions. That is what General Clark In the Gulf War, no service members more effective than an immediate or said would be his estimate of what were recalled for longer than a year. unilateral war in ensuring that these would be needed. General Hoar said our Today, an additional 11,000 Reservists deadly weapons would not fall into the military would have to be prepared to have been mobilized for a second year— hands of terrorists. fight block by block in Baghdad, and that is today. The 7 years of inspections that took we could lose a battalion of soldiers a If we embark upon a premature or place until 1998 succeeded in virtually day in casualties. That is the testi- unilateral military campaign against eliminating Saddam’s ability to de- mony of General Hoar before the Iraq, or a campaign only with Britain, velop a nuclear weapon in Iraq during Armed Services Committee. He con- our forces will have to serve in even that period. Even with Iraq’s obstruc- cluded: The urban fighting would look greater numbers, for longer periods, tions, those inspections resulted in the like the last brutal 15 minutes of the and with graver risks. Our fores will be demolition of large quantities of chem- movie ‘‘Saving Private Ryan.’’ stretched even thinner. ical and biological weapons. By the One of my colleagues said you can War should be the last resort. If in time the inspectors were forced out of find generals who will say just about the end we have to take that course, the country in 1998, they had accom- anything you want. That is certainly the burden should be shared with al- plished far more disarmament than the an insult to two of the finest military lies—and that is less likely if war be- Gulf War achieved. Before going to war leaders we have had in recent times, comes an immediate response. again, we should do all we can, to re- one in the Marine Corps, and the other Even with the major technological sume the inspections now—and set a a very distinguished Army officer. gains demonstrated in Afghanistan, the non-negotiable demand of no obstruc- I agree with what the Senator said. logistics of such a war would be ex- tion, no delay, no more weapons of Maybe we will get lucky. If this goes traordinarily challenging if we could mass destruction in Iraq. ahead we hope that is the outcome. But not marshal a genuine coalition of re- What can be gained here is success— the Senator reminds us there are too gional and international allies. and in the event of failure, greater many instances in the past we have not President Bush made the right deci- credibility for an armed response, been lucky; the events went against us sion on September 12 when he ex- greater international support, and the and we experienced the loss of enor- pressed America’s willingness to work prospect of victory with less loss of mous numbers of young Americans. We with the United Nations to prevent American life. ought to be cautious and guarded, as Iraq from using chemical, biological or So what is to be lost by pursuing this the Senator has spelled out. nuclear weapons. The President’s ad- policy before Congress authorizes send- I have a few more minutes, and I will dress to the General Assembly chal- ing young Americans into another and conclude. lenging the United Nations to enforce in this case perhaps unnecessary war? A decade ago, before the Gulf War in its long list of Security Council resolu- Even the case against Saddam is, in 1991, Secretary of State James Baker tions on Iraq was powerful—and for important respects, a case against im- met with the Iraqis and threatened many of us, it was persuasive. mediate or unilateral war. If Prime

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9965 Minister Blair is correct in saying that Former Commander in Chief, United States strong United Nations resolution. We Iraq can launch chemical or biological Central Command, September 23, 2002. will have to await judgment until that warheads in 45 minutes, what kind of COST OF UNILATERAL USE OF FORCE resolution is forthcoming. But I think sense does it make to put our soldiers ‘‘We should try our best not to have to go we cannot leave in the minds of the in the path of that danger without ex- it alone . . . The costs in all areas will be American people that, in any way, our hausting every reasonable means to much greater, as will the political risks, Nation must relinquish the authority, disarm Iraq through the United Na- both domestic and international, if we end under the Constitution, to protect our tions? up going it alone or with only one or two own national interests—relinquish it in other countries.’’—James A. Baker, III, any way or predicate it on action of Clearly, we must halt Saddam Hus- Former Secretary of State, August 25, 2002. sein’s quest for weapons of mass de- ‘‘This is not the time to risk the loss of the United Nations. We cannot do that. struction. Yes, we may reach the point support from so many countries shocked by We cannot let the United Nations where our only choice is conflict—with the attacks of 11 September last year who think in any way they could veto the like-minded allies at our side, if not, in have offered to help us and, indeed, provide authority of this President or the abil- a multilateral action authorized by the it on a daily basis.’’—General Joseph P. ity of this Nation to defend itself. I Security Council. But we are not there Hoar, USMC (Ret.), Former Commander in hope the Senator was not suggesting yet. Chief, United States Central Command, Sep- that in any way by his remarks. The stakes are too high if we do the tember 23, 2002. Mr. KENNEDY. Mr. President, Gen- ‘‘If we go in unilaterally or without the eral Scowcroft, who is a distinguished wrong thing. We have the opportunity full weight of the international organiza- now, in Congress, to do the right thing, tions behind us—if we go in with a very retired general and arms control ex- and it is our responsibility to do it. sparse number of allies, . . . we’re liable to pert, the head of a Presidential intel- I yield the floor. super-charge recruiting for al Qaeda.’’—Gen- ligence board, was the one who indi- EXHIBIT 1 eral Wesley K. Clark, USA (Ret.), Former cated that he did not believe there had Supreme Allied Commander, Europe, Sep- URBAN WARFARE been a connection; that you might tember 23, 2002. have had contact, but by definition, as ‘‘In urban warfare, you could run through Mr. WARNER. Mr. President, may I battalions a day at a time. All our advan- the Senator has pointed out, the con- tages of command and control, technology, ask my distinguished colleague and nection with al-Qaida did not in any mobility . . . are in part given up and you are very good friend of many, many years way reflect on September 11. And Sec- working with corporals and sergeants and just a question or two? I listened very retary Powell indicated that as well. young men fighting street to street. It looks carefully to his remarks. I just wish to The Director of the FBI said that this like the last 15 minutes of Saving Private observe that, on the point about—— summer. Ryan.’’—General Joseph P. Hoar, USMC The PRESIDING OFFICER. Does the Mr. WARNER. Mr. President, I agree (Ret.), Former Commander in Chief, United Senator yield? with that. States Central Command, September 23, 2002. Mr. KENNEDY. Yes, I yielded the Mr. KENNEDY. If I could just finish ‘‘I think if it gets to urban warfare, and now, I was at the last intelligence the likelihood is certainly great that it floor. could, just like the likelihood is very good Mr. WARNER. I think he yielded, and briefing. I will not characterize it as to that the he could use weapons of mass de- I asked if I could engage in a colloquy. what new information came out as a struction, it could get very messy. The col- The Senator mentioned the case has result of interviewing detainees in the lateral damage could be very great. And our not been made to connect al-Qaida to past few days or weeks, but, very clear- own casualties could increase signifi- Iraq, but I think the Senator is aware ly, the statements that I said in char- cantly.’’—General John M. Shalikashvili, of the fact that the Secretary of De- acterizing the contacts between al- USA (Ret.), Former Chairman, Joints Chiefs Qaida and Iraq, by Mr. Scowcroft, by of Staff, September 23, 2002. fense has now revealed what was intel- ligence prior thereto, the fact that al- Secretary Powell, by Director Mueller, WEAPONS OF MASS DESTRUCTION USE Qaida has now established some train- would indicate that this had not been a ‘‘The United States could certainly defeat ing camps, and so forth, within the sov- contact that was meaningful and sig- the Iraqi military and destroy Saddam’s re- nificant in terms of a threat to the gime. But it would not be a cakewalk. In ereign boundaries of Iraq. That, to me, is a very important bit of intelligence United States. fact, Saddam would be likely to conclude he They also pointed out that, in terms had nothing left to lose, leading him to un- that has come to the forefront. leash whatever weapons of mass destruction Senator BYRD keeps saying, What is of a country that was providing aid and he possesses.’’—Brent Scowcroft, Former Na- new? To me, that is very new. It is now assistance to terrorists such as Hamas tional Security Advisor, August 15, 2002. out in the open. and Hezbollah, it was much higher in NO CONVINCING AL QAEDA LINK While I am not suggesting there has terms of Iran than it was in terms of ‘‘To my knowledge . . . there has not been been an absolute, airtight, direct con- Iraq. Those references—I included two in a case made to connect Iraq and al Qaeda.’’— nection between 9/11, 2001, it is clear General Joseph P. Hoar, USMC (Ret.), my statement. I will include the third. that Iraq sponsors and shelters terror- The other point I mention is, as the Former Commander in Chief, United States ists, including al-Qaida. Central Command, September 23, 2002. Senator remembers, Secretary of De- ‘‘There is scant evidence to tie Saddam to On the point about the generals who fense Rumsfeld and Chairman of the terrorist organizations, and even less to the appeared before the Armed Services Joint Chiefs of Staff, Richard Myers, September 11 attacks . . . He is unlikely to Committee, the Senator referred to testified before the committee on Sep- risk his investment in weapons of mass de- portions of their testimony. But I have tember 19, 2002 that they would not struction, much less his country, by handing the very clear recollection—I sat with talk about planning, would not talk such weapons to terrorist who would use Chairman LEVIN throughout every them for their own purposes and leave Bagh- about casualties, would not talk about minute of that hearing. These generals operational issues. Even in the closed dad as the return address.’’—Brent Scow- also, when pressed by myself and oth- croft, Former National Security Advisor, session, Secretary Rumsfeld refused to August 15, 2002. ers, said there are times when the U.S. address the issues. has to act alone, if necessary, to defend AL QAEDA THREAT So I think it is important to under- ourselves and protect our national in- ‘‘Last year I told you that the Osama bin stand that type of information, as was Laden and the al Qaeda network were the terests. raised, has been denied both to the most immediate and serious threat this That is the point, time and time members of the committee and, most country faced. This remains true despite the again, that I debated with our distin- importantly, to the public. progress we have made in Afghanistan and in guished colleague, Senator BYRD, in Again, I say no one is asking for the disrupting the network elsewhere.’’—CIA Di- which we have, I suppose, from his per- military operations, but what we are rector George Tenet, February 6, 2002. spective, different opinions. asking for is basic assessments in ‘‘It seems as we came upon the 11th of Sep- The Senator in his remarks just now terms of the numbers of personnel, tember, 2002, with ground-to-air missiles indirectly suggests that we should wait ringing the Capitol and uncertain about their best estimates in terms of the where and when we might be attacked again on the U.N. Perhaps there will be a new length and what would be involved, in by terrorists, that we need to continue, as inspection regime. I know Secretary of terms of the conflict. our primary effort, to defeat al Qaeda.’’— State Powell has brilliantly and coura- Mr. WARNER. Mr. President, I say to General Joseph P. Hoar, USMC (Ret.), geously worked up there to develop a my colleague, it had been my hope—

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9966 CONGRESSIONAL RECORD — SENATE October 4, 2002 and there was planning in place—that attended just about all of them, the re- Mr. WARNER. Certainly, Mr. Presi- our committee, the Armed Services cent ones that we have had on Iraq. If dent, I in no way attack authenticity, Committee, was to have had hearings there is any information there, I would and I am glad that the Senator has this week with the Joint Chiefs of welcome the Senator from Virginia clarified that. Staff, and most specifically with Gen- telling me, pointing that out. But we Mr. KENNEDY. It is quite clear what eral Franks, who has been entrusted haven’t got it. I have said; that is, I think it is a mis- with much of the planning. I leave it to The Secretary of Defense says he take for us to go it alone, unless there our chairman to give the responses to does not have to make the case any- is the kind of threat that I have just why that did not occur, but that is a more. We ought to know that Saddam described—a clear and present danger fact that we had planned to do it. is a tyrant. We all agree. and an imminent threat to the United Secretary Rumsfeld declassified in- The best question is: How are we States. Then we have to take action. formation recently and said that al- going to best defend the security of the That power is reserved for the Presi- Qaida has camps existing now within United States? I maintain that the se- dent. We had that discussion earlier in the sovereign boundaries of Iraq, and curity of the United States today is the afternoon between the Senator senior al-Qaida leaders have had sanc- threatened as much by al-Qaida as by from West Virginia and the Senator tuaries in Iraq. While the link, as I anything that is immediate now in from Virginia. That happens to be the pointed out, between 9/11 has yet to be terms of Iraq. We do not hear anything case. But that has not been the case, more about al-Qaida. We don’t under- established, there is information of the and the case has not been made. stand what the threat is. That was all linkage. It seems to me that we are much bet- I am more concerned with the ques- we heard about. ter off going internationally and not The Senator hasn’t said anything tion I posed to the Senator. In any way saying that our first choice ought to be about that. Yet we find an unsettled does his remark suggest we should ab- situation in Afghanistan with the war, the first choice ought to be battle, rogate our right to act when it is in our blowing up of cars, the warlords com- and the first choice ought to be con- security interest because of action or ing back, and the fact that they are flict. I think we ought to try to build a inaction, as the case may be, of the trying to a get a 60,000- or 70,000-man coalition of the United Nations and United Nations on the resolution now army and they have 1,600 recruits. take concerted action with an inspec- being formed while our Secretary of They want a national army. They have tion regime that does authorize force, State and others are working to estab- virtually nothing there. that does permit unfettered inspec- lish the framework in such a way that We have to ask ourselves: If this tions, that includes the reporting back it would meet the concerns that this doesn’t go away—as General McInerney to the Security Council of the progress Nation has, and I believe Great Brit- says—in 72 hours, what is going to hap- that has been made. ain? It may not. And if it does not pen in terms of all of those countries I outlined that in my speech. That is meet them, does that action to put out that are helping the United States deal our position. That is what I thought a new inspection regime which falls with al-Qaida that was a threat to the the President was saying when he went below the standards and requirements United States, and, according to the to the United Nations initially. That is and goals that we think are necessary, head of the Central Intelligence Agen- what I thought he was saying. That is does that mean we do nothing? Does cy, continued to be the principal threat the course of action that we ought fol- that mean our President’s hands and to the security of the United States low, and we ought to hear certainly the hands of the Prime Minister of just 4 months ago? You wouldn’t know from the United Nations Security Great Britain are tied? that. I do not know what has changed. Council on that recommendation and What are we to do? Allow another in- Neither do the American people. That on that challenge. effective inspection regime to take is what they want to hear. They hope Mr. WARNER. Mr. President, let us place, which would possibly obviate the they will hear that during this debate. be clear. I assure my colleague that I possibility of engaging Iraq more forc- But we haven’t. agree that our President states almost ibly, if it were necessary to stop the Mr. WARNER. Mr. President, in daily when he addresses this issue, as spread of weapons of mass destruction? reply to my colleague’s observations, he did on the steps of the White House Would you clarify the position you in no way has this Nation lessened the just a day or two ago when I was right have taken? intensity or commitment to the war on there, that his first priority is to pur- Mr. KENNEDY. I certainly will. If international terrorism in Afghanistan sue a coalition. His first priority is to there is a clear and present danger to or elsewhere. It may not be the fea- pursue in the United Nations the en- the United States and an immediate tured article in the press today, but I forcement of the resolutions passed and threat, obviously the President has the assure the Senator that the men and perhaps one in the future. He has re- right to act and should act. But that is women of our Armed Forces, together peatedly said war is the last—I re- not what we have here. That is not the with those of many other nations, are peat—the last option. He is fulfilling, case that has been made by the Sec- pressing unrelentlessly against the in my judgment, his responsibility as retary of Defense or the President or spread of terrorism, be it in Afghani- President under our Constitution. And the Senator from Virginia, that there stan or elsewhere in this world. I commend him for doing so. is a clear and present danger to the se- Again, I bring my colleague back to Mr. KENNEDY. Mr. President, I hope curity of the American people, and this question of the United Nations. A he will go to the United Nations and that it is imminent. That case has not quote appears in today’s newspaper. that he will go to the Security Council. I ask unanimous consent to have been made. When that case has been Then, if he finds out they will not take printed in the RECORD following our made, put me down in terms of being in the steps, and that we have a clear, colloquy an article from today’s Wash- favor of taking immediate action. ington Post. present, and immediate danger to the If the President of the United States The PRESIDING OFFICER. Without United States, I hope he will come makes that determination, fine. But we objection, it is so ordered. back and that we can debate and pass a have been asking: Where is this evi- (See exhibit 1.) resolution so we can take the steps dence? In 1962, President Kennedy took Mr. WARNER. Mr. President, it necessary to secure this country. it to the United Nations and showed quotes our distinguished colleague, But that isn’t what the resolution the world what was out there. Every Senator EDWARD KENNEDY, as saying: I says. We have been through that. Basi- American understood what was at risk. am waiting for the final recommenda- cally, it doesn’t deal with the Security Do you have the information or don’t tion of the Security Council before I Council of the United Nations. It you have the information? Is the infor- am going to say how I am going to doesn’t deal with that. It says it per- mation different today than it was a vote. mits unilateral action without the Se- year ago when we never had this pro- I would like to give the Senator an curity Council taking any steps at all. posal? If it is, let’s see it. Let’s hear opportunity to clarify. We want to follow what the Senator about it. We have not seen it in the Mr. KENNEDY. I called him and from Virginia says. The President has Armed Services Committee. I haven’t asked him for the context. We have not gone to the Security Council. Chal- attended all the meetings, but I have received that yet. lenge it, get an international coalition,

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9967 go for that and challenge with inspec- What about North Korea? They may wait, we must find out what the United Na- tions. If that is not successful, come have murdered millions of their own tions says first. back here to the Senate. And I bet you people. They may have nuclear weap- The chairman of the Senate Armed Serv- ices Committee, Carl Levin, would enshrine that Senator BYRD will be the first ons. such lunacy in legislation, no less. He would name that will be on a resolution to Where are we stopping on this? The not even authorize the use of force without take the action and mine will be the idea that you had a great deal more prior U.N. approval. Why? What exactly does second. But that is not where we are time—in the Cuban missile crisis, had U.N. approval mean? now. That isn’t what this resolution is the weapons come from Cuba, we had It cannot mean the U.N. General Assem- all about. It effectively is granting the about 11 minutes. You are saying there bly, which is an empty debatable society. It is no more of a dangerous time now means the Security Council. Now, the Secu- President the authority to go to war rity Council has five permanent members unilaterally if he concludes there is a than we had with 11 minutes? and 10 rotating member. Among the rotating continuing threat from Iraq—not an I am not prepared to say we are going members is Syria. How can any senator immediate, not a clear and present to turn over to a single individual in stand up and tell the American people that danger—if there is a continuing threat our democracy the authority to go to before deciding whether America goes to war from Iraq. I think he has concluded war at any time when a President be- against a rogue state as Iraq, it needs to hear that today. lieves there is a ‘‘continuing threat’’ the ‘‘final recommendation’’ of Syria, a re- If you pass this resolution, you are from—you fill in the name of the coun- gime on the State Department’s official ter- rorist list? saying, Why even bother with the Se- try. You fill in the name of the coun- Or maybe these senators are awaiting the curity Council? If I were a member of try. A ‘‘continuing threat’’ from wisdom of some of the other nonpermanent the Security Council, I would say, Why where?—fill in the name of the coun- members. Cameroon? Mauritius? Guinea? are you even taking the time to talk to try—authorizing the President to go to Certainly Kennedy and Levin cannot be say- us? You have already made up your war. ing that we must not decide whether to go to mind. You are going to war. That is not, I think, what our Found- war until we have heard the considered opin- That is effectively what that resolu- ing Fathers intended. ion of countries that none of their colleagues Mr. WARNER. Mr. President, I thank can find on a map. tion says. That is the problem some of Okay. So we are not talking about these us have with the construct and why we my colleague. dots on the map. We must be talking about are here. We will conclude this debate. Indeed, the five permanent members. The United I thank the Senator. I appreciate it policies of containment have worked in states is one. Another is Britain, which sup- very much. I am sure we will have the past, but with the spread of modern port us. That leaves three. So when you hear more opportunity to talk. technology, and the clear documenta- senators grandly demand the support of the Mr. WARNER. Mr. President, the tion that this particular evil dictator, ‘‘international community,’’ this is what Senator from Massachusetts made ref- Saddam Hussein, has used these weap- they mean: France, Russia and China. As I recently asked in this space, by what erence to the Cuban missile crisis and ons against his own people and his ad- logic does the blessing of these countries be- the extraordinary courage that his versaries, it is clear and convincing stow moral legitimacy on American action? brother, the late President, showed in proof to this Senator that there is a China’s leaders are the butchers of his leadership. There again, as the Sen- threat that must be dealt with now— Tiananmen Square. France and Russia will ator points out, there was clear evi- not tomorrow, now. decide the Iraq question based on the coldest dence of a threat—the ‘‘smoking gun,’’ Hopefully, the United Nations will calculation of their own national interest, devise a resolution and live up to its meaning money and oil. as someone said—that famous picture Everyone in the Senate wants a new and of the missile. But I say to my good responsibilities. But if it does not, let tough inspection regime in Iraq: anytime, friend, in the days to come on this de- there be no doubt in the minds of any- anywhere, unannounced. Yet these three bate I will go into greater detail on the one that our Nation will act in its own countries, whose approval the Democrats changes in technology since 1961. And interests to protect its own people and, crave, are responsible for the hopelessly di- here we are in 2002 with changes in hopefully, will act with a coalition of luted and useless inspection regime that now technology which present a whole new allies. exists. They spent the 1990s doing everything they framework of threats that this Nation [From the Washington Post] could to dismantle the Gulf War mandate to has never experienced before—to use THE MYTH OF U.N. SUPPORT disarm Saddam Hussein. The Clinton admin- the words of Secretary Kissinger in his (By Charles Krauthammer) istration helplessly acquiesced, finally ap- testimony to the Foreign Relations ‘‘This nation is prepared to present its case proving a new Security Council resolution in Committee—‘‘modern technology in against the Soviet threat to peace, and our 1999 that gave us the current toothless in- the service of terror gives no warning.’’ own proposals for a peaceful world, at any spections regime. France, Russia and China, Those are the words that say to me time and in any forum—in the Organization mind you, refused to support even that reso- lution; they all abstained because it did not the doctrine of preemption, which I re- of American States, in the United Nations, of in any other meeting that could be use- make yet more concessions to Saddam Hus- cited, and which has been followed for sein. many years by this country in times of ful—without limiting our freedom of action.’’— President John F. Kennedy, Cuban missile After a decade of acting as Saddam Hus- need, is one that bears careful reexam- crisis, address to the nation, Oct. 22, 1962 sein’s lawyers on the Security Council, these countries are now to be the arbiters of Amer- ination in the light of the technology ‘‘I’m waiting for the final recommendation possessed by Saddam Hussein. He has ica’s new and deadly serious effort to ensure of the Security Council before I’m going to Iraqi disarmament. far more weapons than were ever pre- say how I’m going to vote.’’—Sen. Edward M. So insist leading Democrats. Why? It has sented by Adolf Hitler—far more weap- Kennedy, Iraq crisis, address to the Johns no moral logic. It has no strategic logic. ons in terms of weapons of mass de- Hopkins School of Advanced International Forty years ago, we had a Democratic presi- struction and the technology that ex- Studies, Sept. 27, 2002 dent who declared that he would not allow ists today that didn’t exist in 1961 and How far the Democrats have come. Forty the United Nations or any others to tell the that didn’t exist in 1941. years ago to the month, President Kennedy United States how it would defend itself. Mr. KENNEDY. Mr. President, I, for asserts his willingness to present his case to Would that JFK’s party had an ounce of his one, am not prepared to sign up for the the United Nations, but also his determina- confidence in the wisdom and judgment of tion not to allow the United Nations to con- change in foreign policy where we have America, deciding its own fate by its own strain America’s freedom of action. Today lights, regardless of the wishes of France. one person making a decision to go to his brother, a leader of the same party, Or Cameroon. war. Today, it is Iraq because we have awaits the guidance of the United Nations Mr. WARNER. I yield the floor. Saddam Hussein. Khomeini was in before he will declare himself on how Amer- Mr. President, I suggest the absence Iran. We were going to that country as ica should respond to another nation threat- of a quorum. well. What about Qadhafi? I heard from ening the United States with weapons of The ACTING PRESIDENT pro tem- families in my State of Massachusetts mass destruction. pore. The clerk will call the roll. who lost members of their family. Ted Kennedy is not alone. Much of the leadership of the Democratic Party is in the The assistant legislative clerk pro- Sixty-seven members of the Armed thrall of the United Nations. War and peace ceeded to call the roll. Forces lost their lives in the war hang in the balance. The world awaits to see Mr. GRAHAM. Mr. President, I ask against Qadhafi. Why aren’t we going what the American people, in Congress as- unanimous consent that the order for after Qadhafi? sembled, will say. These Democrats say: the quorum call be rescinded.

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9968 CONGRESSIONAL RECORD — SENATE October 4, 2002 The ACTING PRESIDENT pro tem- those future chapters will be more dif- longer nation-states but shadowy orga- pore. Without objection, it is so or- ficult than the one we have already ex- nizations with operations scattered dered. perienced in Afghanistan. around the world. They are not inter- Mr. GRAHAM. Mr. President, I ask In addition to that, we have a tense, ested in the traditional prizes of power, unanimous consent that following my continuing standoff between India and such as geography or wealth. They are remarks, Senator MURKOWSKI be recog- Pakistan, two nuclear powers at vir- not deterred by the traditional means nized to speak and that Senator STABE- tual sword’s point. We have a con- by which nations are constrained to op- NOW be recognized after Senator MUR- tinuing conflict between Israel and the erate within their borders and within KOWSKI. Palestinians, and we have other coun- some set of international standards. The ACTING PRESIDENT pro tem- tries in the region that have a substan- Their ambition is to win a trip to para- pore. Without objection, it is so or- tial—in several instances greater ca- dise by killing infidels—killing Ameri- dered. pacity for weapons of mass destruction cans. Mr. GRAHAM. Mr. President, I rise than does Iraq. So we must decide what On September 11, we learned how lit- today not in opposition to the resolu- our priorities are. tle these new adversaries need to tions before us but, rather, to ask my In my opinion, our first priority launch a terrorist strike within our colleagues to carefully consider our na- must be the successful completion of homeland. A terrorist organization re- tional priorities as we debate our the war on terrorism. When President quires only the ability to recruit peo- course of action against Saddam Hus- Bush spoke before a joint session of ple motivated by zealotry, generally sein’s regime in Iraq. Congress on September 20, 2001, just 9 religious fervor. They need someone Congress is preparing to consider a days after the attacks, he declared: trained in the particular skills of a spe- series of resolutions authorizing the Our war on terror begins with al-Qaida, but cific method of attack, such as deto- President to initiate options against it does not end there. It will not end until nating a truck bomb or hijacking a Iraq, including the use of force. If there every terrorist group of global reach has commercial jetliner. They need a rel- is one matter upon which there would been found, stopped, and defeated. atively small amount of financial sup- be unanimity of agreement, it is that That is the challenge the United port from internal or external sources. Saddam Hussein is an evil man, an evil States of America undertook in the They need the ability to place man in a region of evil men. He is a ty- war on terror. In his State of the Union operatives around the world, including rant who has used chemical and bio- speech on January 29, 2002, President in the United States of America. And logical weapons on his own people. He Bush again, standing in the House they need a command-and-control sys- has flouted U.N. resolutions calling for Chamber before a joint session of Con- tem capable of developing the plot and inspections of his arms capabilities. gress, set this agenda: then sending the signal for its initi- His forces regularly fire on American Our Nation will continue to be steadfast ation. and British jet pilots who are enforcing and patient and persistent in the pursuit of Our efforts against al-Qaida and the the no-fly zones in the north and south two great objectives: First, we will shut Taliban in Afghanistan have been ex- down terrorist camps, disrupt terrorist emplary. But the United States today of his country, and he has the potential plans, and bring terrorists to justice. Second, to develop and deploy nuclear weapons, faces more deadly battles in the future we must prevent the terrorists and regimes as we move to the next phase of the a potential we need to monitor closely. who seek chemical, biological, or nuclear war on terror. For the last month, we The resolutions before us mean we as weapons from threatening the United States Members of Congress, acting on behalf and the world. have been debating—and I hope it will shortly pass—legislation to create a of the American people, are investing Mr. President, I concur with Presi- new Department of Homeland Security. our collective trust in the judgment of dent Bush’s ranking of our priority tar- That is a good thing. But the creation the President of the United States, be- gets: First, to shut down terrorist of that new Department will not guar- cause it will be his decision as to camps, disrupt terrorist plans, and to antee the security of the American whether, when, and under what ulti- bring terrorists to justice; and, second, people. mate circumstances to utilize whatever to go after regimes that seek chemical, The most effective defense against authority we might grant. biological, or nuclear weapons. terrorism is not to be found on the de- We are in a very similar position to Clearly, terrorists pose the most im- fense, as we attempt to protect our where we were immediately after Sep- mediate threat to America. They have, vulnerabilities but, rather, an aggres- tember 11, 2001, when the President as their avowed goal, to kill Ameri- sive offense against terrorist organiza- asked for an authorization, and we cans. They have the capability of re- tions abroad, taking the fight to them gave him the power to launch a war cruiting and training in the skills of where they live. We must chop the against al-Qaida and the Taliban re- terrorism, in those training camps to head off the snake before it has a gime in Afghanistan. which the President referred, waves of chance to strike us. The latest White House draft of the terrorists. And they have the capa- As we move beyond al-Qaida and the resolution before us today attempts to bility to strike within our homeland, Taliban, the terrorist organizations link two challenges to our Nation’s se- as was demonstrated again today by that we must target are more mature, curity: terrorism and Saddam Hussein. the arrest of six alleged terrorist cell better organized, and more competent. I am not certain it does so in the most members, four of whom were in Oregon The most prominent example is coherent and effective way. Frankly, I and one in Michigan. Hezbollah, the Party of God. Hezbollah fear elevating Saddam Hussein to our There is no question that our na- has been described as the A-team of Nation’s No. 1 enemy poses risks that tional security paradigm changed with international terrorists—more dan- have not been fully considered. the events of September 11. We used to gerous than even al-Qaida. In the constellation of threats to the think about national security in terms Prior to September 11, Hezbollah, American homeland, as well as to our such as ‘‘balance of power’’—particu- through its terrorist wing, the Islamic interests abroad, in my judgment, ter- larly, the United States and the Soviet Jihad Organization, had killed more rorism represents the greatest and Union. Our concerns centered on big- Americans, by far, than any other ter- most urgent security threat to the picture questions, such as whether an rorist organization in the world. The American people. Saddam Hussein can- adversary had the capability to launch bombing of U.S. Marine Corps barracks not be viewed in isolation. The region nuclear missiles that could reach our in Beirut, the bombing of the U.S. Em- of the Middle East to Central Asia is a homeland or how a dispute in a far-off bassy in Beirut, the hijacking of TWA very tough neighborhood, and we have region, in Southeast Asia, or the Per- flight 847, numerous other brutal many threats and commitments in sian Gulf, might affect our interests. kidnappings and murders of Americans, that neighborhood. We have com- We did not have to worry much about all were the work of Hezbollah’s Is- menced a war against terror in Afghan- whether an adversary had the ability lamic Jihad Organization, as were istan—not yet complete. We know to execute a terrorist attack against other acts of terrorism where the link that, as we leave Afghanistan, there Americans here at home. to Hezbollah remains classified. will be other chapters in the war on That changed on September 11. Our On July 4 of this year, with Senators terror, and it is quite probable that most dangerous adversaries are no DEWINE and BAYH, I stood on the front

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9969 lawn of the U.S. Embassy in Beirut. We groups, those that were linked specifi- with necessary force against those re- laid a wreath on a newly constructed cally to the actions of September 11, sponsible for September 11; the resolu- plat. That plat contained the names of such as al-Qaida, and those that, in my tion that I hope we will adopt through hundreds of Americans who have died judgment, represent an equally or pos- this amendment to extend that to in Lebanon at the hands of Hezbollah. sibly greater threat to the United other international terrorist groups Hezbollah is vehemently opposed to States, such as Hezbollah, which were which threaten the people of the United States policy in the Middle not involved in the events of Sep- United States but were not part of the East, and it is allied with the most ex- tember 11. September 11 plot; as well as whatever treme anti-American elements in Iran The State Department has identified resolution we may adopt—and I am and Syria. Iran and Syria provide sup- 34 groups on its list of foreign terrorist confident we will adopt one—relative port, training, and weapons to organizations. Two-thirds of those 34 to Iraq. Hezbollah, and both of these countries groups have their headquarters in the Then it will be the responsibility of have weapons of mass destruction that Middle East or central Asia. The State the President to exercise his judgment they could provide to Hezbollah. Department has also listed seven coun- as to which of these authorities he Hezbollah also operates terrorist tries as state sponsors of terrorism. wishes to use, in what sequence, in training camps in Iran, Syria, and Syr- Five of those seven—Iraq, Iran, Libya, what relative level of commitment, ian-controlled parts of Lebanon that Sudan, and Syria—are in this same re- and he will be accountable for his judg- are preparing the next generation of gion. ment. terrorists. What the President is proposing At a minimum, we need the Presi- If there is one lesson we have learned today might be called an Iraq-first pol- dent to initiate actions that prepare us from Afghanistan, it is the grave mis- icy. I am concerned that a war with to respond to those who would use a take we committed in allowing Osama Saddam Hussein would be waged to the war with Iraq as a justification to esca- bin Laden’s terrorist training camps to exclusion of or possibly to the det- late their attacks on Americans here operate for years, preparing thousands riment of the war on terrorism. There at home and abroad. of terrorists, many of whom carried are indications that there has been a As the President begins to exercise out the attacks against Americans, in- shift of focus already occurring. his judgment with these expanded au- cluding the tragedy of September 11. There have been reports of reduction thorities, I want him to have the capa- What is it going to take to achieve in our intensity of efforts in Afghani- bility to wage war as he sees most ap- victory in the war on terrorism? It is stan as intelligence and military re- propriate to give to the American peo- going to require a united and sustained sources, particularly the attention of ple the greatest degree of protection effort that is based on a realistic un- the leadership of the intelligence com- that they can have in these days of derstanding of the scale and capability munity and the Defense Department, threat. of our terrorist adversaries such as have turned to Iraq. Of all the terrorist organizations and Hezbollah. It is going to require the ac- A Washington Post story in late Au- their sponsors, as well as the regime tive support, or at least the avoidance gust has an anecdote on this and that now controls Iraq, there should be of active hostility, in those countries quoted Chief Warrant Officer Mike a single message: America is resolute; in which the war is going to be waged. Smith complaining of inactivity in Af- America is united; America is prepared Just as we needed Pakistan’s co- ghanistan: to do what is required to assure the operation to fight al-Qaida and the It’s so boring. We’re trying to figure out safety and security of its people. I Taliban in Afghanistan, we will need what we’re still doing here. thank the Chair. the assistance of other nations, many A second concern is that as a con- The ACTING PRESIDENT pro tem- of them predominantly Muslim na- sequence of the threat to take unilat- pore. The Senator from Alaska. tions, as we move against these addi- eral action against Iraq, we have seen a Mr. MURKOWSKI. I wish the occu- tional targets. And it is going to take hardening of anti-American sentiment pant of the Chair a good afternoon. action by Congress, action to authorize in the Middle East, which puts U.S. Mr. President, I wish to call my col- the President to use all necessary force persons and interests in the region at leagues’ attention to a situation asso- against international terrorists. greater jeopardy. ciated with our increasing dependence One might ask: Haven’t we already Finally, with the significant capacity on Iraq. Let me share with you a pic- done that? Didn’t we do that on Sep- that groups such as Hezbollah have ture of Saddam Hussein, who is no tember 18, 2001? We did, in fact, pass a within our country, within our borders, stranger to this body. The title is: ‘‘Oil joint resolution that day. We gave the war with Iraq increases the chances as a Weapon.’’ President this authority: that they will strike in our homeland. As we address the disposition of the . . . to use all necessary and appropriate Like al-Qaida, Hezbollah has active resolution which the President has force against those nations, organizations, or cells within our borders, only more so. sent up to this body for action, we persons he determines planned, authorized, I cannot discuss the numbers and loca- should recognize a few hard realities, committed, or aided the terrorist attacks that occurred on September 11, 2001, or har- tions, but I can tell you, Mr. President, and that is oil is funding terrorism, oil bored such organizations or persons, in order they have significant numbers and sub- is funding the economy of Iraq, in spite to prevent any future acts of international stantial capabilities. Therefore, we of the efforts through the United Na- terrorism against the United States by such need to prepare not just for a war with tions to try and control that funding, nations, organizations, or persons. Iraq, but for a broader war on inter- and the inconsistency of our policy That is the authority that we have national terrorism. where we are increasing our depend- granted to the President. What we have Let me be clear, the proposal that ence on Iraqi oil, even at a time when not granted to the President is the full Senator ROCKEFELLER and I will offer we are contemplating going to war authority which he sought on Sep- next week at the appropriate time is with Iraq, is indeed an inconsistency of tember 18, which was the authority to not a reduction of the President’s au- a magnitude to which I think more go not only after those organizations, thority. To the contrary. It represents Members should relate. nations, and persons who had been di- an expansion. It will authorize all nec- If one reflects on the number of sor- rectly linked to the events of Sep- essary action against those inter- ties we have flown over a period of tember 11, but also against other inter- national terrorist organizations which time starting in 2000, even though we national terrorist groups which, in his represent a threat to kill Americans. have been enforcing the no-fly zone words, ‘‘required action to deter and This is what the President had re- since about 1992, Iraqi forces fired at preempt any future acts of terrorism or quested on September 12, 2001. This, in Allied forces 642 engagements in 2000; aggression against the United States.’’ my judgment, is what we should give 647 in 2001; and 480 times so far this In my judgment—and I am pleased to to the President. It will then be the year. say I am joined by Senator ROCKE- judgment of the President to determine What is happening is we are enforc- FELLER in this determination—now is which of the authorities he will uti- ing the no-fly zone. Allied forces re- the time to extend the authority of the lize—the resolution of September 18 turned fire 46 times so far this year. In President to go after all terrorist that gave him the authority to move the last weekend alone, Iraqi forces

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9970 CONGRESSIONAL RECORD — SENATE October 4, 2002 shot at allied forces 14 times. Iraqi until a short time ago, of U.S. oil im- clear weapons. Four Israeli aircraft forces have fired anti-aircraft artillery ports. launched a surprise, preemptive at- over 1,100 times, 600-some-odd rockets, The reason I go into some length on tack, destroying the reactor and obvi- fired nearly 60 surface-to-air missiles. this is to again draw the attention of ously setting back the Iraqi weapons This is not a game we are playing. We the inconsistency while we enforce no- program for many years. are basically in a limited war. fly zones, we buy his oil. We take the There was criticism from the world, To administer the no-fly zone, more oil and put it in our airplanes. We but a decade later, during the gulf war, than 6,400 personnel and almost 200 air- bomb his targets. My colleagues have allied forces did not face a nuclear craft from the United States and Great heard me time and again draw this weapon capability from Iraq. Britain are involved in Operation comparison. He takes our money that The ways of addressing Saddam Hus- Northern and Southern Watch. As Sec- we pay him for the oil, develops weap- sein, I think, are the firmness of the retary of Defense Rumsfeld said, with ons of mass destruction, chemical President in his communication that each missile launched at our aircrews, weapons, biological weapons, nuclear we demand unlimited access through- Iraq expresses its contempt for the capabilities, that he is developing obvi- out Iraq to our total satisfaction. I do U.N. resolutions, a fact that must be ously, and he is spending funds on de- not think Saddam Hussein is going to kept in mind as their latest inspection veloping a delivery capability that give it to us. On the other hand, I do offers are evaluated. aims at our ally, Israel. That is an not think Saddam Hussein is going to I cannot begin to reflect on how oversimplification, perhaps, but never- step down. many times we have heard the promise theless one can draw that general con- We can try to develop an area of inse- from the Iraqis and Saddam that he clusion. curity surrounding Saddam Hussein, was going to allow inspectors to come Today, we are beginning a very im- but we have tried that time and again in. Prior to the Persian Gulf war, I was portant debate on a resolution that we and he has been quite responsive in over there with a number of Senators. give our President whatever means are taking out those who he believed are Senator Dole was with us. We had an necessary to combat this threat to not responsive to his whims or his de- opportunity to have a short meeting world peace and bring terrorists to mands. with Saddam Hussein. It was clear then their knees. I think there are going to I suggest one of the first things we that he was a very ruthless, unpredict- be a couple of proposals that we are should do is not only initiate this par- able, dangerous individual. At that going to evaluate, but I am personally ticular action that has been set up by time, he was attempting to ship in a quite satisfied with the President’s our President, but we should simply very large cannon from the docks of proposal. cut off the purchase of oil from Saddam As we address this growing threat, we London into Iraq with the capability of Hussein. Some will argue that means have to recognize we are dealing with launching a long-range projectile. somebody else is going to buy Saddam In the meeting, he dismissed that. He an individual who simply cannot afford Hussein’s oil and we are going to have said it was parts for his refineries. The to step down voluntarily and depart to buy somebody else’s, but there is a triggering mechanism was dismissed. the scene. We are dealing with an indi- principle. I recall Senator Metzenbaum was vidual who has been around for a while. talking to him about some of the He is tough. He has taken out his fam- I have an amendment that is part of human rights issues going on in Iraq. ily. He has taken out his own people. the energy bill which I think should be He took us out on the balcony and said: One can almost conclude that to some passed by this body and that is simply There are five of you and there are five extent he is prepared to continue what to terminate oil imports into the helicopters. Go anywhere you want in was started on September 11 in this United States from Saddam Hussein. Iraq. We happened to be up in Mousala country. Where does this oil go? This chart at that time. Obviously, we declined. Now, we can wait. We can react after shows, Washington, California, Texas; We have been dealing with this des- the fact. Had we known what al-Qaida a fair smattering of the country. It pot for an extended period of time. In was up to, clearly we would have initi- moves around because there is a mar- the meantime, he has been developing ated an action prior to the tragic event ket for it. No one cares whose oil is in weapons of mass destruction, as evi- of the Twin Towers, the Pentagon, and their furnace or whose oil is refined denced by another chart. It indicates the tragedy in Pennsylvania. We would into gasoline and propels their auto- the manner in which he generates this have initiated an action. We did not mobile. It is not much of a concern. cashflow because without the cashflow, know. We did not have the intelligence. Minnesota, New Jersey, name it, those we all know his country cannot exist. Now we are reflecting on what is going are particular States that are getting This is the importation from Iraq dur- to cause us to act. Is it going to be a oil from Iraq. ing the first half of the year 2002, recognition that he is a threat, that he As we address a situation relative to 600,000 barrels a day. That is an average does train the al-Qaida, that he does what we know about Saddam Hussein price of $20. We know he is getting fund the terrorists? today, we have to develop from this nearly $28 now. At a certain point in time we have to knowledge a certain recognition that if The point is, the U.S. is spending face the reality: How would we feel he is not going to use the capabilities about $12.5 million each day by buying leaving this session of the Congress he has developed, then why is he devel- Iraqi oil; total U.S. dollars on oil from without an action, and then find that oping them? Who is at risk from the Iraq is $2.3 billion. Those reflect, on the he initiated an action and took lives? standpoint of the 22,500 gallons of an- average price, a little over $20. The We would feel we had been derelict in thrax? We have had experience with an- source of this is from the Energy Infor- our obligation. thrax around here. Or 100,000 gallons of mation Administration. I think we have learned that Saddam toxin that causes botulism. Or 200 tons The occupant of the chair and I have has developed more capabilities. He has of VX nerve gas. Or 350 tons of sarin some knowledge of finance. Cut off the pilotless drones capable of spreading gas. Or 800 tons of mustard gas. Those cashflow of a country or an individual chemical weapons. We have learned are weapons of mass destruction. They and you bring them to their knees. that Saddam sends young men and are weapons of terror. They cause ago- When you continue to buy their prod- women, as young as 13, to boot camp to nizing death. uct, why obviously they continue to learn to be soldiers under the guise of Are these the weapons a country prosper. a program to keep the kids supposedly would use to defend itself? Are these There is another chart that shows ba- off the streets. the weapons of an aggressor that would sically how American families are Now, if we look back, In June of 1981, go to whatever means is necessary to counting on energy from Saddam Hus- and this is going to be said many times prevail or fund the developing aspects sein. This is a list of the Persian Gulf on this floor, Israel’s Prime Minister of world terrorism? The answer is very countries that are producing oil. Iraq’s Begin observed Saddam building a clear. Saddam Hussein is our enemy. production is a little over 1 million military reactor with the help of the The world must isolate him, cut him barrels a day, but it is the fastest French. It was called the Osiraq reac- off, and hopefully coax his regime to an growing source, at least it has been up tor, a reactor capable of producing nu- end.

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9971 The battlefield is one option. Diplo- we have an opportunity to make a deci- of 10.2 million acres for 2,000 acres be- macy is another. We have had experi- sion because there is an offer that has cause that is the footprint allowed in ence with both. We should be setting been made by the House to the Senate. the House bill. The House bill says, out an example. The first thing we should The offer has been specifically to take of that green area of 1.5 million acres, do as the United States—the world the whole area colored in the buff and there can only be 2,000 acres dedicated leader everyone is looking toward to put it into a wilderness. This would be to the footprint of developing the oil. accomplish a regime change in Saddam the largest wilderness ever created in So what the tradeoff is, is 10.2 mil- Hussein and resolve our concern over the United States. Currently, the area lion acres of additional wilderness, this the development of his weapons of of wilderness colored light buff on the whole thing, for the authority to go in mass destruction—is to cut off his cash chart is approximately 9 million acres. and initiate an exploration in ANWR. flow. The fact we continue to engage in The area colored darker buff is a ref- It would have a mandate of only 2,000 the importation of oil from Iraq is a uge. The proposal is to take that refuge acres. That is a pretty good trade, if grave mistake. It is a great inconsist- of 10 million acres, add it to the wilder- you are trading acres for acres. ency of foreign policy. I hope as we ad- ness, and then there will be a wilder- On the other hand, it is my under- dress the disposition of the energy bill, ness area of almost 17 million acres. standing the environmental commu- nity is not buying. Why are they not the first thing we will do will be to ter- That would again be the largest wilder- buying? Some might say they have an minate our purchases from Saddam ness area in the United States. Hussein. It is hard to make a comparison. We issue. Some might say that once they concede to this offer, it would show ENERGY currently have 57 million acres of wil- that their effort to stop any develop- Mr. MURKOWSKI. Mr. President, I derness in our State, and we would be ment in the Arctic would be termi- will make a few remarks on the status adding another 10 million acres of wil- nated and development could go ahead. of the energy bill. As we know, our derness. President earlier stated one of his pri- The point is this is an offer that is But if you recognize in exchange for orities was Congress should pass an en- pending. I cannot help but reflect on 2,000 acres of surface disturbance you ergy bill. The House of Representatives periodicals addressing what else is are adding 10.2 million acres to the wil- derness areas—this happens to be the has done its job. It passed a bill. The going on in the energy world. A release Mollie Beattie Wilderness Area in the bill has been sent over to the Senate. indicates our Department of Energy Arctic National Wildlife Reserve— We have been to conference, and had a and the President issued a special Pres- clearly you have to look at just what number of meetings associated with idential permit for energy plants pow- you are getting for that. the items in that bill. Many of those ered by natural gas piped from Texas, This area is distinctly different from items are contentious. On the other cooled with Mexican sewage, and the area along the barren coastal hand, that is what a conference is all linked to California’s energy grid next plains, with high mountains, with about: Solving, compromising, whether year. The plants will be built in Mex- headwaters, valleys, glaciers. There is it is electricity or renewable portfolio ico. more of an abundance of species— A New York Times article called standards, climate change, producing moose, caribou, snow geese, ducks, more oil from my State of Alaska by ‘‘Japan Looks to Eastern Russia for woodpeckers, all kinds of activities opening up ANWR, or whether it is Relief of Oil.’’ The last paragraph says given the various species. stimulating the agricultural industry there is expended a commitment to ex- From a strictly regional point of and the farm industry of this State pend about $13 billion that ordinarily view, in 1980, when they divided up through the ethanol. We need a sub- would go into Alaska. Alaska’s lands and designated Federal stantial mandate to increase the use of With about $2 billion scheduled to be spent land areas, Congress established at ethanol. on development on this island every year that time 13 new national parks, 16 It is important to recognize one spe- until the end of the decade, Sakhalin’s wildlife refuges, and 2 national forests cific offer that was made. That I will 591,000 residents are bracing for a major boom. in Alaska as part of the 56 million go into some detail. It reflects as much ″Come next summer, and we are going to acres of wilderness that was des- of an inconsistency regarding our de- hit a logjam of—cargo, airplanes, hotels, you ignated. As a matter of fact, the State pendence on imported oil and an oppor- name it,’’ predicted James R. Sexton, an of Alaska has currently 16 percent of tunity we have in the United States to American business consultant who has the landmass of our State as a wilder- develop a significant potential of oil on worked here for the last decade. ness. This is well over half of the Na- U.S. land known as ANWR. It’s exciting times, just like Alaska tion’s entire wilderness area, we are This chart shows in some detail a was decades ago.’’ talking about, if they accept the offer couple of realities. One is the large As one of the settlers of Alaska, I of that 810 million acres. We already area called the Arctic National Wildlife have a particular sensitivity to that have the largest park, 9.7 million acres. Refuge. That is the ANWR area. It is 19 because what the American oil indus- But here we are today, talking about million acres, about the size of the try is doing is simply moving offshore. war with Iraq, war over oil. We are State of South Carolina. There is If we have the infrastructure but we talking about sending our corporations ANWR in relationship to the State of can’t open the area, clearly we will go to Russia, to Sakhalin, to Mexico, to Alaska. On the left is the TransAlaska offshore. develop the oil we need. And right here pipeline, 800 miles long, from Prudhoe The irony here—and it is very appar- at home we have an opportunity to Bay to Valdez, carrying about 17 to 20 ent—is just what constitutes this offer stimulate the economy with U.S. jobs, to 23 percent of the total crude oil pro- and why there is a lack of consider- somewhere between 200,000 and 500,000 duced in this Nation for the last rough- ation for the merits of the offer. This jobs according the unions, building 19 ly 23 years. That pipeline was designed would create the largest wilderness new supertankers in U.S. shipyards to flow at about 2 million barrels a area in the United States. The amend- that employ U.S. trades and U.S. day. It is flowing a little over 1 million ment by the House, sent to the Senate skills, because the carriage of this oil barrels a day. So there is additional ca- conferees, would increase the total wil- has to move in U.S. flag vessels as it pacity. derness in ANWR to 17.4 million acres, moves down from Alaska to the west In the green area, the area that is the largest in the United States. The coast of the United States. proposed for any development, which is designated area is in the southern por- I am deeply disappointed that the called the coastal plain, the estimated tion of the refuge, which actually has Senate conferees, the majority on the reserves there are somewhere between more species than the Coastal Plain, other side, are not taking this offer se- 5.6 and 16 billion barrels. If it were half and the area is not as barren as the riously, of 10.2 million acres of addi- that, if it were 10 billion barrels, it Coastal Plain. tional wilderness for the rights to go in would be equal to what we import cur- Basically, the proponents argue that and initiate a drilling program to see rently from Iraq in a period of 40 years, for a couple of thousand acres of sur- if, indeed, there is oil of the abundance or equal to what we import from Saudi face disturbance, the Greenies, so to there would have to be there to go over Arabia in 30 years. We do not know if it speak, are getting 10.2 million acres of and fill that pipeline that is already is there. But this is Federal land, and additional wilderness. This is an offer there.

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9972 CONGRESSIONAL RECORD — SENATE October 4, 2002 I want to walk you briefly through a area. There is the picture of the com- acres of ANWR can produce a million couple of things that a lot of people do munity that is there. That is a picture barrels of oil in a day. I just offer that not understand; that is, the implica- of Kaktovik. It is a very small Native comparison. tion of what refuges are. Refuges, as community, Eskimo community, on I am going to conclude with some evidenced by the charts we have here, the shores of the Arctic Ocean. You can charts that we have seen from time to indicate activity. These are refuges in see the ice out there. There are a cou- time because people are concerned Alabama, California, Louisiana, Okla- ple of radar towers, a school, small about the wildlife in the area. This homa. These are areas in national wild- stores. There is a landing facility. Real happens to be Prudhoe Bay. There is a life refuges, in wetland management people live there. There are some of the rig. You see the caribou. They are not districts where oil and gas are cur- kids. This is one of the community stuffed. They are real. They are there rently being produced. halls. They have the same dreams and because they are not threatened. They In North Dakota, Montana, Cali- aspirations. They are on a snow ma- are not harmed or run down with snow fornia, and specifically this map shows chine. There are a couple of kids going machines. As long as they have that se- the States and the number of refuges to school. curity from any predators—which are, where oil production takes place: Cali- My point is to suggest that somehow of course, naturally the wolves—they fornia, Texas—we have one in Alaska, I this is a untapped, unspoiled area—it is feel quite comfortable in their native might add. an extraordinarily hostile area. Joe is surroundings as they pass through in a The point is, what we have in ANWR going to take a chart and turn it migratory manner. is a refuge. Congress has the authority around and show you what it looks like Here are a few pictures we have seen to open it, just like it is opened in in the wintertime. This is what it looks from time to time. These are three other areas. So we are not breaking like in the wintertime. I am not exag- bears walking on the pipeline because any commitments here or setting any gerating, it could be 40 or 50 below and it is much better than walking in the new precedents. It is simply a matter you have what you call a whiteout con- snow. about which the House has made a pro- dition. This is what it looks like. It is beyond my comprehension why posal. Here is some of the harsh tundra in we are allowing ourselves to simply I might add, there are other limita- the wintertime. It is tough—tough. pass over what the House of Represent- tions in the authorization that would Temperatures are 40 or 50 below zero. atives has proposed; that is, a 2,000- require that the Secretary can close Let me show you the technology that acre limitation proposed in allowing down any exploration if, indeed, there has been developed by the industry in exploration in ANWR. is any disturbance associated with the this particular area of North America. In addition, there is a proposal to add calving of the caribou. The develop- There is an oil exploration program 10 million acres to the wilderness. It ment activity would occur only in the going on. You notice there are no grav- has received virtually no consideration wintertime. And the safeguards that el pits. There are no ordinary roads by America’s environmental commu- are taken in the authorization pro- going in because what we have is tech- nity. They evidently aren’t interested posed by the House are more stringent nology that has been developed par- in more wilderness. They only seem to than exist in any other part of the ticularly for the Arctic where we can be interested in killing an opportunity world. directionally drill. You don’t just drill to develop this reserve which would re- I am going to go through a few other one hole with a rig like that. This was duce our dependence on imported en- charts. I want to give you some idea of in the science portion of the New York ergy. what we have done to this country and, Times. We directionally drill. We have Some say, well, it is going to take in effect, to our national security. 3-d sysmics that allow us to make vis- several years. I remind my colleagues If you look at the west coast—Wash- ual cuts, if you will, through a tech- that in 1995 this body passed out a bill ington, Oregon, California, that gray nology to see these small pockets. You in the Omnibus Act that authorized the area—that is estimated to hold 21 tril- see these directional drills coming opening of ANWR. It was vetoed by our lion cubic feet of gas offshore. We have down in the black pockets. In ordinary President at that time. We would know taken this and put it off limits. We times, you would drill straight down today. We would have production have taken the east coast, from Maine and hope to hit something. today. When we talk about a time- to Florida, 31 trillion cubic feet as evi- This technology has been compared frame, it is all relative to when you denced by the dark blue, and said no oil to drilling a well here on the Capitol start. and gas activity off the east coast. grounds and come up at gate 7 at The fact that we have the infrastruc- In the Gulf of Florida, we have taken Reagan National Airport. That kind of ture in the pipeline, and the pipeline is that away on the lease sale. In the technology is what is used. half full, and we have the prospects overthrust belt of Montana, Wyoming, I want to show you some more pic- here of a major discovery, we could Colorado, we have taken that out be- tures of the Arctic and the ice roads. stimulate the American economy with cause we require roadless areas in the This is an ice road. An ice road is sim- new jobs more than any other single parks. ply a situation where the snow is re- action that could be contemplated be- Where is the energy going to come moved from the surface, and water is cause this is a big jobs issues. It is from? Is it going to come from the Mid- put down to make a hard-packed road. steel, it is valves, and it is the things east where they have what we cannot I cite that because this is the kind of that are produced all over the United have in this country, and that is a car- activity that we are seeing move from States. It takes the technical skill of tel? What do you think OPEC is? Most the United States and move over to the U.S. labor and U.S. wherewithal and Members recognize it is a cartel. A car- Soviet Union. There is no reason why, knowhow to do it. The industry stands tel sets a price; they set a floor and set since we have the likelihood of these ready. Only Congress can make the de- a ceiling; it is $22 to $28; today it is a discoveries being made here in the cision. The time to make that decision little over $28. Our antitrust laws United States—for the life of me—we is clearly now while we have the oppor- would not allow it. shouldn’t consider the merits offered tunity. There is no logical reason to But what is the largest consumer of by the conferees of the House of Rep- suggest that this isn’t a good proposal oil in the word? The United States. resentatives. and it shouldn’t be considered. I am And we import most of it from the There are a couple of others that I just fearful that it will be ignored. OPEC countries, and, as a consequence, want to show you. This one shows an- That would, indeed, be tragic. we are becoming more and more be- other resource that we have a great I encourage my colleagues and those holden to them. We are currently im- abundance of; that is, corn. The ref- listening to this debate to reflect a lit- porting about 55, 56 percent of our oil erence to corn and energy is ethanol. It tle bit on this opportunity. If we go out from overseas. Yet we have the oppor- takes roughly 2,000 acres of a corn-pro- of session and don’t take advantage of tunity to develop that right here at ducing farm to produce the equivalent this opportunity and continue to im- home. of 25 barrels of oil a day. If we look at port oil from Iraq at a time when we There are some people who assume the footprint, we are talking about a are contemplating going into a conflict this area in ANWR is an untouched significant footprint. Two-thousand with Iraq, I think future historians will

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9973 regard this as a very irresponsible ac- make for the sake of our country. We Iraq, in many ways, is different. tion by the Senate—because, someday, have an obligation and duty to care- Nonetheless, it serves as an important we all know we will go in there. It is fully weigh the demands and the con- model for proceeding with effective just a question of time. Clearly, this is sequences of a preemptive attack. Be- military action when it is required. an appropriate time when we are con- fore we engage in war, we must under- Before we invaded Afghanistan, we templating action. stand the results of war are irrev- put together a worldwide effort to ef- I remind my colleagues, in conclu- ocable, and peaceful solutions should fectively prosecute the war on ter- sion, of one thought that I think cap- always be our first choice. rorism. tures the realization that we are going I have carefully listened to the Presi- Consider all that we were able to do to continue to use a great abundance of dent and key members of his adminis- to put together a partnership against oil. While we have other means of tration. I have asked many questions. I terrorism. power generation, whether it be nu- have read extensive information and Mr. President, 136 countries offered clear, hydro, natural gas, or coal, the listened to the people in my own great the United States a range of military world moves on oil. We don’t move in State of Michigan. assistance. The U.N. has received 46 and out of here on hot air. Something Just as important, I have had many multilateral declarations of support has to go in there to fuel the trucks conversations with men and women of from organizations. The U.N. General and to fuel the trains. It is just not the our armed services who, as we speak, Assembly and Security Council con- growth in the United States. It is the are gallantly serving to protect and de- demned the attacks on September 12, growth of the world and the Third fend our American way of life. just the day after. NATO, OAS, and World nations. As they become more The issue before the Senate is not ANZUS—the Australian, New Zealand, and more advanced, they are going to whether the regime of Saddam Hussein and U.S. coalitions—quickly invoked use more and more oil. is good or evil. We know, in fact, that their treaty obligations to support the We are cutting ourselves short from he is a despicable dictator. He has United States. Our NATO allies are as- the standpoint of our national secu- gassed and poisoned thousands of his sisting directly in the defense of Amer- rity, if, indeed, we pass up this oppor- own people. He rules not by choice but ican territory. Also, 142 countries have tunity to add an additional 10 million by decree, backed by brutal force, and issued orders freezing the assets of sus- acres to the wilderness associated with he blatantly defies United Nations res- pected terrorists and organizations. ANWR with the tradeoff. We are only olutions by his continual development Mr. President, 89 countries have grant- opening 2,000 acres. I think any one of of weapons of mass destruction. I ed overflight authority for U.S. mili- us could take this on a bet. But for strongly oppose his regime. He is a tary aircraft. In addition, 76 countries some reason or another, there is not growing threat to the United States have granted landing rights for U.S. enough pressure on America’s environ- and our allies, and his policies have military aircraft. And 23 countries mental community to consider this devastated the lives of his own Iraqi have agreed to host U.S. forces in- proposal on the merits. people. volved in offensive operations. I hope that our friends in the Israeli I am convinced that the United This is impressive work. I congratu- lobby will reflect a little bit on this be- States and the world would be safer if late President Bush and his adminis- cause the threat to Israel is directly re- this regime were replaced with a demo- tration for their efforts in putting to- lated to the cashflow associated with cratic form of government that would gether this impressive coalition. oil production from the OPEC nations, work in a constructive manner with In addition to this most recent suc- and particularly Iraq. the world community and focus on cess in Afghanistan, any planned ac- I thank the President for his atten- bringing peace and prosperity to mil- tion against Iraq has an excellent tion. I wish him a very pleasant week- lions of Iraqi citizens. model in the alliance we formed end. The question—the question—before against Saddam Hussein after his inva- I yield the floor. the Senate is not whether or not we sion of Kuwait in 1990. The ACTING PRESIDENT pro tem- support or trust the regime of the Iraqi In the Persian Gulf war, former pore. The Senator from Michigan is President, Saddam Hussein, but how President Bush worked arduously to recognized. the United States will counter the assemble a large coalition of countries Ms. STABENOW. Mr. President, first, threat, how we will counter the threat to support our efforts to oust the Iraqi I would like to say at the end of a long of Saddam Hussein to our citizens and army from Kuwait. Consider all of the day on a Friday that I thank the Chair. the citizens of his own country. countries which supported us in 1990 I know he has been doing double duty The questions that must be asked and 1991: Afghanistan, Argentina, Aus- today. My good friend is someone who are: Does the Congress stand ready to tralia, Bahrain, Bangladesh, Belgium, I know has been very diligent in his re- alter the historic precedents that have Canada, Czechoslovakia, Denmark, sponsibilities. We appreciate the fact guided our Nation for over 200 years? Is Egypt, France, Germany, Greece, Hun- that the Senator from Minnesota has it in our national interest to change gary, Honduras, Italy, Kuwait, Mo- been willing to serve his duty today; our policy of deterrence and arms con- rocco, the Netherlands, New Zealand, and to all of the staff. I appreciate your trol to a policy that accepts a preemp- Niger, Norway, Oman, Pakistan, Po- attention at the end of a long day. tive strike on another country as a le- land, Portugal, Qatar, Saudi Arabia, Mr. President, I rise to address the gitimate way to defend ourselves Senegal, South Korea, Spain, Syria, issue of importance of the day—I think against regimes suspected of having Turkey, the United Arab Emirates, and it is important to all of us and to our weapons of mass destruction? And, the United Kingdom. country—the issue of taking military under what circumstances should such A myriad of nations, each different in action against Iraq. a preemptive strike against another their own way, separated by religion, As Members of Congress, the most country be authorized? political system, economics and cul- important vote that we cast is one that These are serious, grave questions. ture, but united in common cause at will place American troops in harm’s In mapping out our course of action the same time. This coalition was crit- way. The issue of war and peace is a against Iraq, it is essential that we ical to our success. The ground war was burden of responsibility that lies heavy draw on lessons and successes of the over in 3 days. Our coalition stayed to- upon me, as well as each and every one past. gether after the gulf war to try to keep of my esteemed colleagues. Our response to the September 11 at- a check on Saddam Hussein, and the This is a vote of conscience, and also tacks united our Nation. We achieved United Nations passed resolutions pro- a vote of historic consequence because the support of our allies and the back- hibiting him from developing weapons what we debate and decide here will ing of the United Nations in our retal- of mass destruction, oppressing his own not only significantly affect this great iatory attacks on al-Qaida forces and people, and beginning another military Nation but will immediately influence the Taliban. In a short time, our and terrorist buildup. global events for years to come. Armed Forces, working with our allies, Unfortunately, Saddam Hussein did No matter how difficult the decision toppled the Taliban and sent al-Qaida not adhere to these resolutions, and may be, it is one that each of us must fleeing from their training camps. the inspectors left Iraq 4 years ago.

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9974 CONGRESSIONAL RECORD — SENATE October 4, 2002 However, we have contained him, war. Would our soldiers be attacked destroy, the global counterterrorist cam- which is no small achievement. with these weapons? Would Israel be paign we have undertaken. . . . Ignoring that Now we must confront his failure to attacked with chemical weapons? clear [world] sentiment [against an attack] live up to these U.N. resolutions. I con- Would Saddam give his stockpile to would result in a serious degradation in gratulate President Bush for going to international cooperation with us against terrorists? Will an attack by the terrorism. And make no mistake, we simply the United Nations and speaking out United States against Iraq prevent cannot win that war without enthusiastic on September 12. As a result, the U.N. Saddam from using weapons of mass international cooperation, especially on in- and negotiators are now working on a destruction, or will it ultimately be- telligence. new resolution, a stronger resolution, come a self-fulfilling prophecy? We also must remember any war to enforce the existing U.N. resolutions In other words, if we attack Saddam, comes with a terrible price. In a war against Iraq. and he is headed for certain death, he with Iraq, many of our own service We should adopt the same approach will have nothing to lose. What will men and women will be wounded or for dealing with the threats of Saddam stop him from launching a chemical or killed. Many innocent civilians will Hussein’s evil regime as we did during biological attack against Americans or die. We should remember what the dis- the Persian Gulf war and the war on against Israel? tinguished Senator from Hawaii, Mr. terrorism, which is still ongoing. It A unilateral, preemptive invasion of INOUYE, recently said on this floor. He worked, and we need to do it again. It Iraq could set a dangerous long-term reminded us when he served in the only makes sense to build upon the precedent for us and the rest of the armed services, as my father did, only successes learned during past military world. If we take such an action 5 percent of the soldiers had spouses campaigns. There are many nations against Iraq for trying to develop nu- and children. Today over 77 percent of that equally revile Saddam Hussein’s clear weapons, should not other coun- our service members have spouses and regime and all he represents. tries also have the same right against children. If we go to war, there will be I firmly believe the United States has any other hostile country that is ex- ample will and strength to form a simi- a lot of empty chairs at kitchen tables ploring nuclear weapons or already has all across America, a lot of children lar coalition. Unfortunately, the ad- them? Would this justify a preemptive ministration seems to be headed in the growing up without their parents. The strike by Pakistan against India or possibility of this alone should force us exact opposite direction. President vice versa? Heaven help us. Bush has expressed his desire to take to make sure we have exhausted all Furthermore, if we attack unilater- diplomatic efforts first before we go to unilateral, preemptive action against ally, who would help us keep the peace Iraq, in sharp contrast to the manner war. in Iraq while trying to set up a demo- We should not have any illusion this in which his father led us into the Per- cratic government to replace Saddam sian Gulf war. war will be easy. It will not be an anti- Hussein? septic war. It will not be won through The President proposes to change a Let me be clear, if the United States policy that has been in place since the air power alone. Military commanders is in imminent danger of being at- founding of our country, that we do not have told us this will be an urban war tacked by Saddam Hussein, we should invade sovereign countries without di- with thousands of troops engaged in vi- take immediate, unilateral military rect provocation. I have grave concern cious house-to-house fighting. Knowing action. However, it seems clear he does the administration’s resolution author- Saddam Hussein’s tactics, he will like- not have this capacity at this time. I izes the use of preemptive, unilateral ly hide his weapons in mosques and don’t believe the administration has U.S. force without the participation of schools and hospitals, making it more made the case. I have listened very partners in the war against terrorism. difficult for us to get to them, and closely and seriously. They have not If we do authorize preemptive, unilat- guaranteeing more loss of life. made the case for a preemptive, unilat- eral force, there could be grave con- In closing, I want to make sure my sequences for our actions. eral strike against Iraq that would jus- voice and my view are not distorted. I First, we could lose much, if not all, tify the risks to our people or such a believe we, the American people, have of the support of our partners in the historic change in American policy. We the right to defend ourselves from an war against terrorism. We could lose have time to build the coalitions. We imminent attack. If we are seriously access to military facilities in and need to be effective and minimize our threatened, we don’t need the permis- around Afghanistan. We could lose the own risks. sion of the United Nations or even our support of Pakistan, which recently Another serious question: Is the NATO allies to attack Iraq or any helped us arrest some leaders of al- President going to ask Congress to sup- other nation, for that matter. Qaida. In all, Pakistani authorities port the same unilateral action against In this case, I believe the United Na- have detained 402 al-Qaida members. other countries, such as Iran, which tions and our allies can be helpful in We are also receiving military and in- has ballistic missiles and close ties to our part. Every attempt should be telligence support in the war on ter- terrorist groups? Why aren’t they pro- made to work with our partners in the rorism from many other Muslim coun- posing action there, where the threat is war against terrorism. If we have to tries. Obviously, a unilateral attack on much more imminent and real? use military force, our battle against Iraq could sour, if not ruin, all of these We should not be reluctant to use Saddam Hussein’s weapons of mass de- relationships and undermine our ef- military force when there is a serious struction will be more effective. forts in the war on terrorism. threat to the American people, but we Clearly, the United States must once Furthermore, such an attack would should only go to war as a last resort. again take the leadership role. We likely reenergize al-Qaida sympa- Peace should always be our goal. must insist that renewed inspections thizers across the globe. According to I believe we should work with our take place immediately, without delay former NATO General Wesley Clark, a partners in the war against terrorism or obfuscation. And it must be made military strike of this nature would and get the U.N. inspectors back into clear to Iraq that enforcement by a ‘‘supercharge recruiting for al-Qaida.’’ Iraq as soon as possible. We should give unified world coalition is not a threat In more ways than one, a unilateral Saddam Hussein real deadlines. And if but a promise. attack could weaken our chances to they are not met satisfactorily, then I believe the President’s approach continue to dismantle al-Qaida’s net- we should use force in partnership takes us down the path that poses the work and bring Osama bin Laden to along with our allies, appropriate force most risk for the people of our country justice. There are many other critical in partnership along with our allies. and the world. I truly believe that a questions that need to be answered. I am not the only one who believes better approach is the alternative I am Given the widely supported belief that this is the best way to proceed toward supporting authored by my colleague Saddam Hussein has biological and Iraq. Brent Scowcroft, President from Michigan, CARL LEVIN. chemical weapons, how do we assure he George H.W. Bush’s national security The President’s approach is entirely will not use them against us when we adviser, wrote in the Wall Street Jour- too broad. This resolution says that attack him first? nal: the Congress authorizes force, includ- There is also more than a great possi- Don’t attack Saddam. An attack on Iraq at ing unilateral, preemptive strikes, for bility this would have to be a ground this time would seriously jeopardize, if not broad national security reasons and for

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9975 the enforcement of a broad range of MORNING BUSINESS In addition, it often took months and U.N. resolutions that may have noth- Mr. REID. Mr. President, I ask unan- sometimes years for those who were ul- ing to do with weapons of mass de- imous consent that the Senate now timately confirmed to be acted upon by struction. For the reasons I have men- proceed to a period for morning busi- the Republican-controlled Senate. For tioned, I will oppose this resolution. ness, with Senators permitted to speak example, Judge Richard Paez, nomi- In contrast, the Levin resolution therein for not to exceed 5 minutes nated to the 9th Circuit, was finally strikes the right balance. This ap- each. confirmed after four years, 1,520 days; proach focuses on what matters most— The ACTING PRESIDENT pro tem- Judge William Fletcher, also nomi- destroying Saddam Hussein’s weapons pore. Without objection, it is so or- nated to the 9th Circuit, was finally of mass destruction. And it calls on us dered. confirmed after 1,264 days; Judge Hilda to work with our allies to effectively Tagle, nominated to the District Court accomplish this task. It gets us behind f in Texas, waited 943 days to be con- the U.N.’s efforts to get the weapons THE CONFIRMATION OF THE 80TH firmed; Judge Susan Molloway, nomi- inspectors back into Iraq to do their JUDICIAL NOMINEE OF THIS nated to the District Court in Hawaii, job as soon as possible. CONGRESS waited 913 days to be confirmed, Judge It also authorizes the use of force, Ann Aiken, nominated to the District with our allies, to get rid of Saddam Mr. LEAHY. Mr. President, this week Court in Oregon, waited 791 days to be Hussein’s weapons of mass destruction Republican critics, for whom we expe- confirmed; Judge Timothy Dyk, nomi- if all diplomatic efforts fail. dited hearings and committee votes on nated to the Federal Circuit, waited 785 Senator LEVIN’s approach will also a number of judicial nominees in their days to be confirmed; Judge Marsha shake up the U.N. and force our allies home States, spoke on the floor about Berzon, nominated to the 9th Circuit, to participate in a coalition to rid Sad- their frustration that not all the Presi- waited 772 days to be confirmed; Ron- dam Hussein of his weapons of mass de- dent’s judicial nominees have yet been ald Gould, nominated to the 9th Cir- struction. If we do not engage the U.N. confirmed. They complain about a cuit, waited 739 days to be confirmed; and we decide to go it alone, the U.N. handful of judicial nominees. The fact Margaret McKeown, nominated to the and our other key allies will likely sit is that the hearing I will chair next 9th Circuit, waited 728 days to be con- on the sidelines while we confront Sad- week will include the 100th judicial firmed; and Margaret Morrow, nomi- dam Hussein and try to build a new nominee to receive a hearing since the nated to the California District Court, country on our own. This is not in our Democrats became the majority party waited almost 2 years to be confirmed. best interest. in the Senate less than 15 months ago. Many others took more than 1 year. Finally, the Levin approach specifi- Had the Senate been more productive I understand how difficult the con- cally affirms our right to self-defense. in 1999 and 2000 and the first months of firmation process can be. During the There is nothing in this approach that 2001, when a Republican majority was 61⁄2 years Republicans controlled the takes away our right to self-defense not holding hearings and votes on judi- Senate only 39 judicial nominees, in- and to attack Iraq unilaterally to do cial nominees, we would be farther cluding seven circuit court nominees, so. along. Since the shift in majority, we were confirmed per year on average. In Therefore, no one should be confused have been proceeding dramatically contrast, in less than 15 months, the about the Levin proposal. It does not faster than the Republicans. It took Democratic majority has already con- take away our right to make our own Republicans 33 months, almost 3 full firmed 80 judicial nominees. decisions about our own actions or to years, to hold hearings for 100 of Presi- The confirmation process can be frus- defend ourselves. I believe this is the dent Clinton’s judicial nominees when trating at times, but it is also impor- proper approach. they were in the majority, we will ex- tant work by which we implement our If we do this right, Mr. President, we ceed that mark next week, in less than constitutionally-mandated advise and will truly make the world safer for our 15 months. consent role for these lifetime appoint- families. If we choose the wrong ap- Republican critics who now come to ments. It is a role that I do not take proach, I am deeply concerned that we the floor of the Senate expressing out- lightly and the other Members of the will start down a road that could ulti- rage that a handful of judicial nomi- Senate Judiciary Committee do not mately create a more unstable and a nees have not had a hearing in the past take lightly. Accordingly, it is dis- more dangerous world for our children year, were deafeningly silent when tressing to hear unintentionally inac- and our grandchildren. scores of President Clinton’s judicial curate portrayals of the progress we There is no doubt that we can defeat nominees never received hearings after have made in the less 15 months of Saddam Hussein in battle. The test of many months and years. For example, Democratic control of the Senate. It is our strength is not in our ability to Judge Helene White of Michigan, nomi- true that we have not been able to con- marshal our Armed Forces but our nated to the Sixth Circuit, waited in firm every single judicial nominee pro- willingness to adhere to that which has vain for over 4 years, 1,454 days, for a posed by this President, but we have made us great. hearing and never had a hearing or a worked at a historically fast pace to We are a strong and powerful nation, vote. James Beaty of North Carolina, address the vacancy crisis by moving made that way by our willingness to go nominated to the Fourth Circuit, wait- consensus nominees first and working that extra mile in the name of liberty ed in vain for almost 3 years, 1,033 our way through the more controver- and peace. The time is now for us to days, and never got a hearing. H. Al- sial and divisive nominees. work together in the name of the ston Johnson of Louisiana, nominated Since the summer of 2001, we have American people and get it right. to the Fifth Circuit, waited in vain for held more hearings for more judicial Mr. President, I yield the floor and over 600 days and never got a hearing. nominees and more hearings for circuit suggest the absence of a quorum. Others, such as Allen Snyder and court nominees than in any com- The ACTING PRESIDENT pro tem- Bonnie Campbell who were nominated parable 15-month period of the 61⁄2 pore. The clerk will call the roll. to the D.C. Circuit and Eighth Circuit, years in which Republicans last con- The legislative clerk proceeded to received hearings but no committee trolled the committee. With our hear- call the roll. vote. Likewise, Clarence Sundram, ing last week, the Democratic-led Judi- Mr. REID. Mr. President, I ask unan- nominated to the Northern District of ciary Committee has now held 25 hear- imous consent that the order for the New York, waited 19 months for a hear- ings for 96 district and circuit court quorum call be rescinded. ing and then languished in committee nominees. This is twice the pace at The ACTING PRESIDENT pro tem- without the committee vote for 18 which the Republican majority consid- pore. Without objection, it is so or- months before his nomination was re- ered President Clinton’s judicial nomi- dered. turned, after pending before the Senate nees. The Judiciary Committee has Mr. REID. Mr. President, are we in a for 1,119 days. There were others, too likewise voted on more judicial nomi- period for morning business now? many others, who waited in vain for a nees, 83, and on more circuit court The ACTING PRESIDENT pro tem- hearing or after a hearing for com- nominees, 17, than in any comparable pore. We are not. mittee consideration. 15-month period of prior Republican

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9976 CONGRESSIONAL RECORD — SENATE October 4, 2002 control. In fact, Democrats have given of the 105 eligible judicial nominees herited from the period of Republican votes to more judicial nominees than with complete files, the remaining two control of the process. in 1996 and 1997 combined as well as in dozen nominees did not have completed The Judiciary Committee has focused 1999 and 2000 combined. files. Thus, 91 percent of judicial nomi- on consensus nominees. This During their 61⁄2 years of control, Re- nees who had completed files were prioritization will help end the crisis publicans allowed only 39 judicial given a hearing. This remarkable caused by Republican delay and ob- nominees to be confirmed per year, on achievement is irrefutable evidence struction by confirming as many of the average, 39, and only seven circuit that we are not blocking this adminis- President’s judicial nominees as quick- court nominees to be confirmed per tration’s judicial nominees. ly as possible. Most Senators under- year on average. In contrast, in little I am certain that President Clinton stand that the more controversial more than a year, Democrats have al- would have been overcome with grati- nominees require greater review. This ready confirmed 80 of this Republican tude if the Republicans ever gave 91 process of careful review is part of our President’s judicial nominees, includ- percent of his judicial nominees hear- democratic process. It is a critical part ing 14 circuit court nominees. We have ings in the years Republicans con- of the checks and balances of our sys- done twice as much as their average, trolled the confirmation process during tem of government that does not give and yet they still complain. his administration. They never did. In- the power to make lifetime appoint- Rather than compare the improve- stead, almost half the time his judicial ments to one person alone to remake ments we are making over the way nominees never got hearings or votes. the courts along narrow ideological they treated the judicial nominees of Indeed, only 49 percent of President lines, to pack the courts with judges the last President when they were re- Clinton’s circuit court nominations whose views are outside of the main- cently in the Senate majority, they were confirmed, 46 out of 93 nomina- stream of legal thought, and whose de- would pick other times when the Sen- tions during the period of Republican cisions would further divide our nation. ate and executive branch were headed control. How dare they complain that The Senate should not and will not by those of the same party. This re- 100 percent or 90 percent of President rubber stamp nominees who would un- veals how embarrassed they must be Bush’s circuit court or district court dermine the independence and fairness about their own record. That must be nominees have not been confirmed in of our federal courts. It is our responsi- why they ignore their own record and our first 141⁄2 months of control. bility to preserve a fair, impartial and refuse to acknowledge the improve- The real reason there are so many independent judiciary for all Ameri- ments we have made, the hard work we circuit vacancies is because Repub- cans, of all races, all religions, whether have done, and all that we have accom- licans blocked so many of President rich or poor, whether Democrat or Re- plished. Clinton’s judicial nominees. During the publican. This past week, Republicans reiter- 61⁄2 years of Republican control, the The committee continues to try to ated their claim that other Presidents number of circuit vacancies more than accommodate Senators from both sides had 80 or 90 percent of their circuit doubled from 16 to 33, and the total of the aisle. Virtually all of the Court court nominees confirmed. This ignores number of vacancies increased from 65 of Appeals nominees included at hear- entirely the efforts of these same Re- to 110 by the time of the reorganization ings so far this year have been at the publicans to block President Clinton’s of the committee in the summer of request of Republican Senators, includ- circuit court nominees. For example, 2001. If Republicans had not blocked ing Senator GRASSLEY, Senator LOTT, in 1996, Republicans allowed none, zero the confirmation of almost two dozen, Senator SPECTER, Senator ENZI, Sen- percent and the absolute number of 22, circuit court nominees and many ator SMITH, and Senator THOMPSON, Re- zero circuit court nominees to be con- more district court nominees, Demo- publican Senators who each sought a firmed. In 1997, Republicans allowed crats on the Judiciary Committee prompt hearing on a Court of Appeals only 7 of President Clinton’s 21 circuit would have begun with 11 circuit court nominee and who was accommodated. court nominees to be confirmed, about vacancies, instead of the 33 we inher- However, the whipsawing by Repub- one-third. Only 5 of President Clinton’s ited. With the 10 new circuit court va- licans has been truly remarkable. first 11 circuit court nominees that cancies that arose over these past 141⁄2 When we proceed on nominees that year were confirmed that same year. In months, there would have been a total they support and on whom they seek 1998, Republicans allowed 13 of the 23 of 22 circuit court vacancies for this action, we are criticized for not acting pending circuit court nominees to be President to fill. At the Democratic on others. When we direct our effort to confirmed, which was 56 percent for the pace of considering circuit court nomi- trying to solve problems in one Circuit, year, their best year for circuit court nees, almost of all of them would have they complain that we are not acting confirmations in their 61⁄2 years of con- had hearings by now, and 14 of them in another. Since these multiple prob- trol of the Senate. In 1999, Republicans would have already been confirmed, lems arose on their watch while they were back down to 28 percent, when with our pace of confirmation. That were in the majority, it is a bit like the they allowed only seven of the 25 cir- would have left only 6 vacancies on the arsonist who complains that the local cuit court nominations made to be con- circuit courts today. That is what fire department is not responding fast firmed, or about one of every four. might have been, but for the deter- enough to all of his destructive antics. Four of President Clinton’s first 11 cir- mined, strategic blocking of so many This week the Senate confirmed its cuit court nominees that year were not circuit court nominees during the 61⁄2 79th and 80th judicial nominees since confirmed. In 2000, Republicans allowed years of Republican control of the Sen- the change in Senate majority and re- only 8 of the 26 circuit court nominees ate. organization of the Judiciary Com- pending to be confirmed, or 31 percent. Instead, even after 14 circuit con- mittee less than 15 months ago. In so All but one of the circuit court can- firmations, there are 27 circuit court doing, we have confirmed more judicial didates initially nominated that year, vacancies. This number is still fewer nominees than were confirmed in the were returned to President Clinton than at the start of this Congress and first 15 months of any of the past three without confirmation. fewer than the 33 vacancies we inher- Presidents and more judicial nominees Republicans simply have no standing ited. We have outstripped attrition and than were confirmed in the last 30 to complain that 100 percent of Presi- are making progress. We cannot undo months that a Republican majority dent George W. Bush’s circuit court the damage done between 1995 and 2001 controlled the Senate. Simply put, we nominees have not been confirmed. Re- overnight, but we have held hearings have done more in half the time. We cent history makes their complaints on for 96 of this President’s judicial nomi- have achieved what we said we would this point ring hollow. Democrats have nees, which is more circuit and district by treating President Bush’s nominees been better by far to this President’s court nominees in less than 15 months more fairly and more expeditiously judicial nominees than Republicans than they held when they first took than President Clinton’s nominees were to the last President’s. For exam- over the Senate or in their subsequent were treated. Partisan critics of these ple, at the most recent judicial nomi- years. It is more in raw numbers and in accomplishments ignore the facts. The nations hearing held last week, Demo- percentages. We have made real facts are that we are confirming Presi- crats had already given hearings to 96 progress to fix the problems that we in- dent Bush’s nominees at a faster pace

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9977 than the nominees of prior presidents, Trying to capture the essence of I am proud to say, that STROM THUR- including those who worked closely STROM THURMOND in a relatively few MOND became one of the best friends I with a Senate majority of the same po- words of tribute is impossible. Who can have ever had, and one of the finest litical party. adequately describe his firm hand- men I have ever known. He tutored me At this important time in our Na- shake, his unmistakable South Caro- in the intricacies of the Senate and its tion’s history we can all appreciate the lina cadence, or his almost superhuman traditions, the personal dedication the need for a sound judiciary. Under the capacity for work? How to convey the job requires, and the genuine commit- Democratic majority, we will continue explosive energy STROM THURMOND has ment Senators owe to their constitu- to review nominees’ files expeditiously carried anytime he walks into a room? ents. and grant hearings regularly to can- The sheer breadth of experience Some years ago, STROM paid me the didates with complete paperwork and STROM THURMOND brings to the Senate ultimate honor of asking me to serve home State consent. Our record break- boggles the mind: Born in 1902, he as godfather to his newborn daughter. ing efforts in the past 141⁄2 months have served South Carolina as State Sen- Today, Julie Thurmond Whitmer is a left us with few remaining nominees ator, as a Circuit Judge, as Governor beautiful young woman, and the pride I who are ready to appear before the and as U.S. Senator. take in her is exceeded only by her fa- Committee. Of the circuit court nomi- He voted for Franklin Delano Roo- ther. nees who have not yet received a hear- sevelt in 1932, and more than fifty One final note, I owe Senator THUR- ing, half of them, 6, are without home years later, voted for Ronald Reagan in MOND my eternal gratitude for a favor State consent. Only 3 remain from the 1984. He ran for President against he did for me. initial 11 circuit court nominees who Harry Truman in 1948 and actively par- When I arrived in the Senate, I was have not had a hearing and have home ticipated in Bill Clinton’s impeach- searching for young people to help me State Senator support. Of the 17 dis- ment trial in 1999. with my Senate responsibilities. Sen- trict court nominees who have not yet When the Army told him he was too ator THURMOND referred a wonderfully received a hearing, more than half of old to fight in World War II, he man- smart, principled, and competent them 9 have incomplete paperwork, in- aged to obtain an age waiver, an age young lady for my staff. cluding six of them without home waiver, to participate in the fighting. After 30 years of working with, and State consent. Moreover, 9 out of 17 Then, in typical STROM THURMOND for, the irreplaceable Mrs. Pat Devine, district court nominees are without fashion, he landed with the 82nd Air- I can genuinely say that her presence ABA ratings. borne Division in Normandy on D-Day. among the ‘‘Helms Senate Family’’ is Despite the partisan din about block- Small wonder that Fort Bragg recently the finest helping hand STROM THUR- ades and obstructionism, Democrats honored him by christening its newest MOND could possibly extend to me. are actually achieving almost twice as building the Major General Strom Senator THURMOND watched over her much as our Republican counterparts Thurmond Strategic Deployment Fa- protectively, and he often jokingly did to staff the Federal courts. The cility. needled me about how I had ‘‘stolen Democratic Senate has shown its re- My simple references to STROM THUR- away his red-head’’. solve to work in a bipartisan way to MOND’s accomplishments fail to convey The Senate simply will never be the fill judicial vacancies. That is what the the historic legacy he will leave in the same without Senator THURMOND sit- confirmation of 80 judges in less than Senate. In 1997, STROM became the ting tall and straight at his desk, serv- 15 months demonstrates. longest serving Senator in the history ing the people of South Carolina and But let me be clear. Our judiciary of the institution, but he was the quin- the country he loves. would be in even better shape if so tessential Senator long before he offi- He is a true friend, a great states- many judicial nominees of the prior ad- cially assumed that honor. man, and a blessing to all who cherish ministration had not been purposely Senator THURMOND had great influ- the strength of statesmen like J. blocked and defeated, if we received ence on my decision in 1972 to become STROM THURMOND. He is a great pa- more timely reviews from the ABA, a candidate for the Senate from North triot. He is my friend and I am his. and even a little cooperation from this Carolina. He came to Raleigh many This is a stronger and greater country administration by nominating more times urging me to run, and countless because of his service and his dedica- moderate, mainstream judicial nomi- others to support me. tion to the principles that made Amer- nees. I, again, invite the President and Every time he came, he told me ica great from the beginning. all Republicans to join with us and again that if I would just run for the f work with us to fill the remaining judi- Senate, he would come to North Caro- WHEN MEN MURDER WOMEN: AN cial vacancies as quickly as possible lina frequently to campaign for me. ANALYSIS OF 2000 HOMICIDE DATA with qualified, consensus nominees I decided to run because thanks to chosen from the mainstream and not Senator THURMOND, there were many Mr. LEVIN. Mr. President, earlier for their ideological orientation, nomi- urging me to do it. And, sure enough, this week the Violence Policy Center nees who will be fair and impartial there he came, down from Washington released its annual review examining judges and will ensure that an inde- to Raleigh, to help me. Again and the role of firearms in murders involv- pendent judiciary is the people’s bul- again he came. ing one female victim and one male of- wark against a loss of their freedoms He was a fellow Southerner, and like fender. The analysis found that in 2000, and rights. me, he was a Democrat who had con- the most recent data available, a ma- f verted to the Republican Party. In jority of women who were murdered those days, there were not a lot of Re- were killed with firearms. Seventy-six SENATOR STROM THURMOND: publicans in North and South Carolina, percent of all firearm homicides of STATESMAN, PATRIOT, LEADER but STROM was determined to change women were committed with handguns. Mr. HELMS. Mr. President, last that. And I might add, parenthetically, The report is sobering in dem- week, several Senators spoke during that no single individual, with the pos- onstrating how easily a domestic vio- morning business one day about our sible exception of Ronald Reagan, has lence dispute can turn into domestic distinguished colleague from South done more to build the Republican homicide. Carolina, Senator THURMOND. Long be- Party in the South than STROM THUR- According to the VPC’s review, in fore I came to the Senate, I myself MOND. 2000, there were 1,805 women murdered spoke many times on television edi- Senator THURMOND knows how much by males in single victim/single of- torials commending Senator THUR- I admire and respect him. He knows fender incidents reported to the FBI. Of MOND. how grateful I am for his enormously the more 1,800 women murdered, 963 of He was then, and is today, even more helpful trips to North Carolina where the victims were wives or intimate ac- of a genuine American patriot than we stood together, day after day, night quaintances of their killers and 331 when I was in Raleigh never dreaming after night, urging the people of North were murdered during the course of an that I would one day be a colleague to Carolina to send Helms to Washington argument. In my home State of Michi- Senator THURMOND in the Senate. to help STROM THURMOND. gan, 82 women were murdered. For

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9978 CONGRESSIONAL RECORD — SENATE October 4, 2002 homicides in which police could iden- hibits men and women in the armed Throughout our history, in times of tify the weapon, 41 were shot and killed services and foreign service from quali- war and in times of peace we have with guns. Of these, 22 victims were fying for this beneficial tax relief when worked to make sure that our armed killed with handguns. their service mandates that they live forces have everything they need and In 1996, Congress passed legislation to abroad for longer periods of time. we have spared no expense in this re- deny firearms purchases to individuals The bill being considered today rem- gard. The Armed Forces Tax Fairness who were under a domestic violence re- edies the inequality in the Taxpayer Act of 2002 is another symbol of this straining order or convicted of a do- Relief Act of 1997. While military and support. I hope the House of Represent- mestic violence misdemeanor. Despite foreign service professionals working atives will pass this bill as well and the passage of this law, many people abroad would still be required to own move it on to the President’s desk for are slipping through the system. I sup- and live in their home for at least 2 passage into law before we adjourn this ported that legislation because of evi- years, the Internal Revenue Code session of Congress. The men and dence that people who had committed would be amended to suspend the five- women of our armed forces and their acts of domestic violence were buying year determination period—when mem- families deserve this legislation. guns and using them. I also support bers of the military and foreign service Mrs. CARNAHAN. Mr. President, last closing the gun show loophole, which are away from home. night the Senate acted to demonstrate requires background checks for people The 1997 home sale provision was bad our support and gratitude for those fiscal policy because as it unintention- who purchase guns at gun shows. The brave men and women who are fighting ally discouraged government personnel lack of background checks at gun to protect our freedom and our Na- from owning their own homes. We all shows leaves battered women and their tion’s interests abroad. I am proud to know that home ownership has numer- children more vulnerable to violence. be an original cosponsor of the Armed ous benefits. It provides Americans October is Domestic Violence Aware- Forces Tax Fairness Act. These com- with a valuable sense of community. It ness Month. The VPC’s report high- mon sense tax cuts rectify injustices in adds stability to our Nation’s neighbor- lights how much we still have to do to our tax code that punish those who hoods, and generates valuable property protect women from becoming victims serve in our military. taxes for our Nation’s communities. of domestic violence, and I urge my Even in times of peace, extraordinary Home ownership should be commended colleagues to support sensible gun safe- demands are placed on our troops. and encouraged, and members of the ty legislation. They are separated from their families. military and foreign service should not They endure physically grueling train- f be penalized with higher taxes simply ing. And most important, they commit because they are on extended assign- TAX RELIEF FOR MEMBERS OF to put their own lives at risk for the ment abroad. Enacting this remedy THE ARMED FORCES sake of this country. Since last year’s will grant equal and fair tax relief to Mr. GRAHAM. Mr. President, I would attacks, we have become even more de- those U.S. citizens who serve our coun- like to thank Senators BAUCUS and pendent on the dedication of our armed try away from home. GRASSLEY for introducing the Armed Ms. LANDRIEU. Mr. President, I forces. Forces Tax Fairness Act, and for in- want to commend the chairman and This reality makes it all the more cluding a very important provision ranking member of the Finance Com- important that we ensure our tax laws within it. I, along with Senators LIN- mittee for bringing the Armed Forces are fair to those who serve in our mili- COLN and MCCAIN, am proud to cospon- Tax Fairness Act of 2002 to the floor tary. In August, I introduced the Hon- sor a specific provision that provides and winning Senate passage of this im- oring Our Heroes Act. Under my bill, tax relief for members of the military portant legislation. This bill contains families of soldiers who lose their lives and foreign service officers serving on some valuable tax benefits for the men while serving their country do not have assignment abroad. This provision pro- and women who defend out country, to pay income taxes on the death ben- vides tax relief on the profit generated fighting the war against terrorism. efit payment the federal government by the sale of a primary residence—al- I am very pleased that this bill con- provides. Under current law the gov- lowing those who serve our country the tains provisions based on a bill I intro- ernment provides $6,000 to families of ability to exclude their time living duced, S. 2807, to clarify that depend- servicemen and women who die. How- abroad from the calculation of total ent care benefits paid to our armed ever, families are required to pay in- years living in their primary residence. forces are excluded from their gross in- come tax on half of that benefit. My This provision does not create a new comes. S. 2807 fixes what I believe was legislation enables a family to use the tax benefit, it merely modifies current an oversight in the Tax Reform Act of entire death benefit to cover funeral or law. The Taxpayer Relief Act of 1997 1986. That Act consolidated the laws re- other expenses they face after losing gave taxpayers who sell their principal garding the tax treatment of certain their loved one. residence a much-needed tax break. military benefits. The conference re- The bill passed by the Senate last Prior to the 1997 act, taxpayers re- port to the 1986 Act contained a long night includes my bill, and other im- ceived a one-time exclusion on the list of benefits to be excluded from the provements to our tax code. Reservists profit they made when they sold their gross incomes of military personnel. and members of the National Guard principal residence, but the taxpayer According to the report, this list was will be pleased to know that this bill had to live in the residence for two of to be exhaustive. The problem was that enables them to deduct their service- the five years preceding the sale and be dependent and child care benefits were related travel expenses even if they do at least 55 years old. This policy pro- not included on the list. not itemize their tax deductions. This vided no tax relief to younger tax- The Treasury Secretary does have bill also ensures that service members payers and their families. the authority to expand the list of ben- will not be penalized when they sell The 1997 act corrected this flaw. Now, efits in the 1986 Act, but so far no their houses after a period of service a taxpayer who sells his or her prin- Treasury Secretary has chosen to ex- away from home. In addition, this leg- cipal residence is not taxed on the first pand the list. As a matter of practice, islation provides automatic filing ex- $250,000 of profit from the sale. Joint we do not tax these benefits, but the tensions to military personnel who are filers are not taxed on their first Department of Defense is concerned assigned to contingency operations and $500,000 of profit. To qualify for this tax that this may change without greater would naturally have trouble meeting relief, the taxpayer must meet two re- clarification. The Defense Department the regular IRS deadlines. quirements: No. 1, they must own the came to us to clarify the tax treatment These and other tax cuts for our serv- home for at least two of the five years of dependent and child care benefits ice members are paid for by closing a preceding the sale; and No. 2, they once and for all. I was proud to help horrible loophole in our tax code. Cur- must live in the home as their primary them. I thank Senator BAUCUS, the rently wealthy individuals can escape residence for at least two of the last chairman of the Finance Committee paying taxes by renouncing their U.S. five years. and the ranking member, Senator citizenship. This is unconscionable. Unfortunately, this second require- GRASSLEY, for including my legislation Citizens who have benefited from the ment unintentionally and unfairly pro- in this package. freedom and opportunity provided by

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9979 this country should not be allowed to U.N. by President Bush in his historic liest year in the history of America’s avoid paying income tax by renouncing speech before the General Assembly fire service. New York leads the list their citizenship. I believe we owe it to last month demonstrated the dedica- with 359 firefighters killed, including those fighting for our country’s free- tion that the U.S. wishes to keep the the 347 World Trade Center heroes. dom to close this loophole. U.N. relevant, while plainly stating Also, four firefighters who died before I am pleased to work with my col- that our national interest cannot and 2001 but whose names had not been in- leagues on both sides of the aisle to will not be subjugated to Saddam’s cluded on the national memorial will make our tax code more fair. The willful deceptions and manipulations be added. Three individuals from my United States is extremely grateful for before that body. home State of Michigan will also be the hard work and dedication of our The world is looking to the United added to Roll of Honor. armed forces. And the bill we passed States to see our resolve. It is time for James Pelton joined the City of last night will ensure that our tax code the world to see the American Congress Mason Volunteer Fire Department in reflects this gratitude. debate whether we will support our Ad- May of 1964. He received his training f ministration. I believe that we will the old fashioned way, on the job. Jim show the world that this Congress, and worked his way up through the ranks TIMOTHY WHITE the American people, overwhelmingly from First Lieutenant to Chief of the Mr. LEAHY. Mr. President, Monday supports our President. department. He always looked for ways in Boston and Tuesday in New York It is not preordained the resolve we to educate people about the importance there will be tribute concerts in mem- will show the world will lead to war. I of fire safety. Jim helped implement a ory of Timothy White, the editor of believe that the resolve we show will variety of training programs, including Billboard Magazine who recently died demonstrate the U.S. will unite to con- ice rescue, hazardous materials han- at the young age of 50. Tim is survived front the dangers that lie ahead. dling, and vehicle extrication training. by his wife Judy Garlan and twin sons f In April 1972, James Rupkey became Christopher and Alexander. I under- a charter member of Station Five of LOCAL LAW ENFORCEMENT ACT stand that these concerts includes per- the Troy Fire Department. He served OF 2001 formances by some of my favorite mu- the department for more than 30 years. sicians, performers, and recording art- Mr. SMITH of Oregon. Mr. President, As Troy’s volunteer assistant fire ists, including Sheryl Crow, Don Hen- I rise today to speak about hate crimes chief, he designed software to help the ley, John Mellencamp, Sting, Billy legislation I introduced with Senator fire department respond run more effi- Joel, James Taylor, Jimmy Buffett, KENNEDY in March of last year. The ciently. According to his colleagues, no and Roger Waters. These are people Local Law Enforcement Act of 2001 matter what rank he held, he was al- with big hearts as well as talent. would add new categories to current ways a leader at the fire department. Tim White loved his family and he hate crimes legislation sending a sig- In 2000, the department named him loved music. He wrote: nal that violence of any kind is unac- Firefighter of the Year. Music entered my world on a summer ceptable in our society. Christopher Towne, Engine Company morning in 1956, in the tough mill town of I would like to describe a terrible 5 of the Detroit Fire Department, Paterson, N.J., when a band of Italian street crime that occurred in November 2000 joined the fire department in 1972. musicians ambled down East 27th Street and in Shawano, WI. Two men tried to run Christopher was a courageous fireman, paused in front of my family’s tiny Cape an Asian couple off a road with a pick- in 1991, he received a department cita- Cod-style house. . . . What still moves me up truck. The men pulled up behind the most about musicians—about all creative tion for helping save another fire- people who disclose the depths of their better victims’ car at a high speed and forced fighter from being overcome by smoke selves—is that same thing that touched me the couple’s car to swerve onto the when the firefighter’s equipment mal- on that otherwise torpid August afternoon— shoulder. They then continued to chase functioned. Christopher’s job often that these people would be willing to trust the couple and buzzed close to the vehi- took him out of the firehouse to the another stranger with the open expression of cle. The driver, Grant Heim, 19, used Children’s Hospital Burn Unit where he such inner truths. racial slurs when referring to the vic- worked as a fundraiser activist. He was an editor, a writer, an ob- tims and was charged with a hate These are just three of the 442 fire- server and a person of conviction and crime in connection to the incident. fighters that lost their lives last year. commitment. In addition to his family I believe that Government’s first The Fallen Firefighters Foundation and friends, those who care about duty is to defend its citizens, to defend Memorial offers family, friends, and music will miss him. them against the harms that come out loved ones an opportunity to grieve, f of hate. The Local Law Enforcement honor, and bring closure to the loss of Enhancement Act of 2001 is now a sym- VOTE EXPLANATION their loved ones. However, I hope that bol that can become substance. I be- over the coming weekend, people Mr. HATCH. Mr. President, I regret lieve that by passing this legislation across the country will take a moment that a family emergency in Utah kept and changing current law, we can to thank and honor their firefighters me from the Senate yesterday. Had I change hearts and minds as well. for their service, and I know my col- been present, I would have voted in f leagues will join me in honoring the favor of the motion to proceed on S.J. FALLEN FIREFIGHTERS FOUNDA- lives of these courageous public serv- Res. 45, the resolution authorizing the ants. use of force in Iraq. TION MEMORIAL WEEKEND 2002 The President and his administration Mr. LEVIN. Mr. President, this week- f have been actively consulting with the end firefighters from across the coun- Congress on the language of this reso- try are coming to Washington, DC, to CONGRATULATION LEE C. lution over the past days and weeks. honor the lives of their family, friends, BOLLINGER Our committees have heard many tes- and colleagues during the 2002 Fallen Mr. GREGG. Mr. President, I rise timonies from the administration and Firefighters Foundation Memorial today to congratulate Lee C. Bollinger other experts. And, for many years Weekend. Since 1981, the names of on becoming the 19th president of Co- now, we have been apprised of the America’s fallen fire heroes have been lumbia University. threat of Saddam Hussein and his out- memorialized at the official National President Bollinger comes to this law regime. It is time for the Congress Fallen Firefighters Memorial. Sadly, highly esteemed post superbly quali- to come together, to hold a public de- this year the names of 446 brave and fied, having previously served as a ex- bate, and to vote on a critical request heroic men and women of the fire serv- ceptional teacher and world renowned made by this Administration. ice will be added to the Roll of Honor scholar. After serving as law clerk for This administration has worked in Emmitsburg, MD. Judge Wilfred Feinberg on the U.S. closely, and will continue to work Last year, 442 firefighters from 34 Court of Appeals for the 2nd Circuit closely, with our allies and the United States lost their lives while serving and the Chief Justice Warren Burger on Nations. The challenge posed to the their communities. 2001 was the dead- the U.S. Supreme Court, he joined the

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9980 CONGRESSIONAL RECORD — SENATE October 4, 2002 faculty of the University of Michigan documents is the overriding principle he believed in the principles and in im- Law School in 1973. In 1987 he was of placing the client’s interests first. proving representation of diversity in named Dean of the Law School, posi- CFP Board’s subsidiary Board of Pro- the sciences. Jim began his commit- tion he held for 7 years. He became fessional Review strictly enforces eth- ment to diversity issues long ago, when Provost of Dartmouth College and Pro- ical compliance. he worked here in the U.S. Senate on fessor of Government in July 1994 and To fulfill its mission to the public, Native American affairs as a legisla- was named twelfth president of the CFP Board publishes extensive printed tive assistant for Senator Lee Metcalf University of Michigan in 1996. and online materials to educate con- of Montana. President Bollinger’s primary teach- sumers regarding topics such as the fi- At NOAA, Jim also was instrumental er and scholarly interests are focused nancial planning process, selecting fi- in OMAO’s adoption of a Washington, on free speech and first amendment nancial planning professionals and the DC, elementary school and worked to issues, and he has published numerous rights of financial planning clients. get NOAA pilots and ship captains to books, articles and essays in academic Several of these publications have been talk to youth about our sea and skies. journals on these and other subjects. reviewed by the Securities and Ex- When the school needed computers, Bollinger is well known also for his change Commission and are available Jim quickly came up with 10 surplus commitment to students and will be through the Federal Consumer Infor- ones for students. He was in the process teaching a class on first amendment mation Center. Through the Web site of arranging a ‘‘tour’’ for the kids on a issues to Columbia College students www.CFP.net, consumers can quickly NOAA research vessel. Jim’s dem- this year. and easily determine whether financial onstrated commitment to inspire mi- As an alum, I am proud to welcome planners hold the CFP certification nority youth to become future sci- this distinguished and committee and have been subject to public dis- entists sets a standard for us all to fol- scholar to the presidency of Columbia ciplinary action by CFP Board. low. University. I wish him all the best. Earlier this year, CFP Board com- Jim’s colleagues say that he was al- f pleted implementation of the Financial ways a gentleman, that he listened Planning Practice Standards, estab- first, and talked second. With his sub- ADDITIONAL STATEMENTS lishing what clients are reasonably en- tle sense of humor, and ready willing- titled to expect during financial plan- ness to help, Jim is already sorely RECOGNITION OF CERTIFIED FI- ning engagements and providing a missed by his colleagues throughout NANCIAL PLANNER BOARD OF blueprint for recently deregulated and the NOAA community. Our deep condo- STANDARDS’ 40,000TH CFP other financial services firms that wish lences go out to Jim’s wife Billie and CERTIFICANT to offer their clients comprehensive fi- their 11-year old son Ben in this very nancial planning. CFP Board continues difficult time.∑ ∑ Mr. ALLARD. Mr. President, at a to proactively address public concerns f time when many Americans have wit- such as disclosure of compensation and nessed the loss of their life savings and possible conflicts of interest on the HONORING BILL HOLMBERG FOR millions of others face difficult deci- part of financial planners. CFP Board’s HIS CONTRIBUTIONS TO ENERGY sions regarding their personal finances, continued efforts to protect and edu- AND THE ENVIRONMENT the need for competent, ethical finan- cate our nation’s citizens should not go ∑ Mr. NELSON of Nebraska. Mr. Presi- cial planning is greater than ever. It is unnoticed. For that, we owe CFP Board dent, today it is my privilege to share with great pride that I rise today to our recognition, gratitude, and con- with my colleagues the accomplish- recognize Certified Financial Planner gratulations. I urge my colleagues to ments of a distinguished citizen and Board of Standards Inc. As of today, join me in paying special tribute to entrepreneur, Mr. William C. CFP Board has announced that 40,000 Certified Financial Planner Board of Holmberg. ® financial planners now hold the CFP Standards Inc. for 17 years of pro- Mr. Holmberg, a former member of certification. tecting the public.∑ my staff, has recently been appointed This outstanding, Colorado-based, f to the New Uses Council. Founded in nonprofit regulatory organization has 1990, the council is dedicated to ex- been working since 1985 to foster pro- COMMEMORATION OF JAMES panding the development and commer- fessional standards so that the public MARTIN cialization of new industrial, energy, values, has access to, and benefits ∑ Mr. HOLLINGS. Mr. President, I rise and nonfood consumer uses of renew- from, competent, ethical financial today to express my sorrow at the un- able agricultural, forestry, livestock, planning. The organization also works timely and tragic death of a talented and marine products. I am certain that closely with 17 affiliates of the Inter- and dedicated public servant, James Mr. Holmberg will provide exceptional national CFP Council, whose nearly Martin. On the evening of Wednesday, leadership and ingenuity in his new 31,000 additional certificants are help- October 2, Jim Martin became the first post. ing to elevate standards for the finan- homicide victim in this week’s violent I am also pleased to share that Mr. cial planning professional globally. and senseless string of shootings in Holmberg has been awarded the De- The CFP certification is based on the suburban Maryland. partment of Energy’s 2002 Biomass En- 4 E’s: Education, Examination, Experi- Jim was an outstanding civilian em- ergy Program Distinguished Service ence and Ethics. CFP Board has reg- ployee of the National Oceanic and At- Award. This annual award is presented istered 234 education programs at 151 mospheric Administration, NOAA, Of- to individuals exemplifying superior accredited U.S. colleges and univer- fice of Marine and Aviation Operations, achievement in establishing, pro- sities to help CFP certification can- OMAO, the branch of NOAA that oper- moting, and implementing projects didates develop competency in finan- ates the agency’s scientific ocean re- that exhibit the efficient use of bio- cial planning. CFP Board administers a search vessels and the famous P–3 mass energy resources and tech- comprehensive, 2-day, 10-hour exam- ‘‘Hurricane Hunter’’ aircraft. Jim nologies. ination and requires certificants to served as a program analyst in the Re- In pursuit of developing renewable meet rigorous standards for continuing source Management Division of OMAO. resources, Mr. Holmberg established education developed by its subsidiary For 16 years, first with the Office of Global Biorefineries, Inc., a nonprofit board of examiners. Every candidate the Comptroller, then with OMAO, Jim organization dedicated to the develop- must demonstrate at least three years used his talents as a program analyst ment of sustainable bioenergy initia- of relevant experience. Those individ- to advance NOAA’s mission and core tives. Since its inception, Global Bio- uals who then qualify for certification values. Jim was credited with single- refineries has promoted the production must agree to abide by CFP Board’s handedly orchestrating and imple- of renewable domestic fuels to advance Code of Ethics and Professional Re- menting OMAO’s program to improve our Nation toward energy independ- sponsibility, as well as the Financial NOAA employee satisfaction, and with ence. Planning Practice Standards. Among becoming a Diversity Coordinator not As these examples illustrate, Mr. the many provisions contained in these because he was asked to, but because Holmberg’s dedicated to the creation of

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9981 efficient alternative energy sources is MESSAGES FROM THE PRESIDENT law, the Annual Report on the Proliferation of Missiles and Essential Components of Nu- essential in developing a plan for our Messages from the President of the Nation’s environmental and energy fu- clear, Biological, and Chemical Weapons for United States were communicated to the period December 1, 2000 through Decem- ture. His tireless effort to ensure the the Senate by Ms. Evans, one of his ber 31, 2001; to the Committee on Foreign Re- promotion of renewable agricultural secretaries. lations. products has helped our country’s envi- EC–9229. A communication from the Assist- ronmental conservation efforts, and f ant Secretary for Land and Minerals Man- Mr. Holmberg’s commitment to solving EXECUTIVE MESSAGES REFERRED agement, Bureau of Land Management, De- our Nation’s energy challenges will en- partment of the Interior, transmitting, pur- As in executive session the Presiding sure that new and innovative resources suant to law, the report of a rule entitled Officer laid before the Senate messages ‘‘Rights-of-Ways Under the Mineral Leasing and technologies will continue to flour- from the President of the United Act; Timing of Approval’’ (RIN1004–AD55) re- ish.∑ States submitting sundry nominations ceived on September 30, 2002; to the Com- f and a withdrawal which were referred mittee on Energy and Natural Resources. EC–9230. A communication from the Assist- SHANNON ROVERS IRISH PIPE to the appropriate committees. ant Secretary of the Interior, Bureau of BAND: 75 YEARS OF ENTERTAIN- (The nominations received today are Land Management, transmitting, pursuant MENT printed at the end of the Senate pro- to law, the report of a rule entitled ‘‘Permits ∑ Mr. DURBIN. Mr. President, I am ceedings.) for Recreation on Public Lands’’ (RIN1004– AD25) received on September 30, 2002; to the pleased to recognize the Shannon Rov- f Committee on Energy and Natural Re- ers Irish Pipe Band for providing 75 EXECUTIVE AND OTHER sources. years of entertainment. More than 500 EC–9231. A communication from the Direc- COMMUNICATIONS individuals have played the pipes and tor, Cooperative and State Programs, Occu- drums of the Shannon Rovers Band. The following communications were pational Safety and Health Administration, Currently, the band is made up of over laid before the Senate, together with Department of Labor, transmitting, pursu- 75 pipers, drummers and color guard accompanying papers, reports, and doc- ant to law, the report of a rule entitled uments, which were referred as indi- ‘‘Changes to State Plans (revised)’’ (RIN1218– members, and includes a student pro- AB91) received on September 26, 2002; to the gram with over 20 individuals actively cated: Committee on Health, Education, Labor, and learning the pipes and drums. EC–9221. A communication from the Sec- Pensions. The band was organized in 1926 by a retary of Housing and Urban Development, EC–9232. A communication from the Dep- group of Irish immigrants, and was transmitting, pursuant to law, the report of uty General Counsel, National Science Foun- originally named the Shannon Rovers a violation of the Antideficiency Act relative dation, transmitting, pursuant to law, the Fife and Drum Corps. The group was to Section 514 grant program during Fiscal report of a rule entitled ‘‘Antarctic Con- Years 1999 and 2001; to the Committee on Ap- servation Act of 1978, Civil Monetary Pen- directed by Dan Hennessy and played propriations. alties’’ (45 CFR Part 672) received on Sep- for every Irish gathering in Chicago EC–9222. A communication from the Chief tember 30, 2002; to the Committee on Health, during the late 1920’s and early 1930’s. of Staff, Trade and Development Agency, Education, Labor, and Pensions. In 1932 the decision was made to switch transmitting, pursuant to law, a report rel- EC–9233. A communication from the Con- from fife and drums to the ‘‘Irish ative to Serbia; to the Committee on Appro- gressional Review Coordinator, Animal and Warpipe’’ or bagpipe. Thus, the Shan- priations. Plant Health Inspection Service, Department of the Agriculture, transmitting, pursuant to non Rovers Irish Pipe Band was intro- EC–9223. A communication from the Dep- uty General Counsel, Board of Veterans’ Ap- law, the report of a rule entitled ‘‘Oriental duced. Fruit Fly; Removal of Quarantined Areas’’ In the 1930’s the band performed for peals, Department of Veterans’ Affairs, transmitting, pursuant to law, the report of (Doc. No. 01–080–3) received on September 30, Presidential candidate Franklin Dela- a rule entitled ‘‘Board of Veterans’ Appeals: 2002; to the Committee on Agriculture, Nu- no Roosevelt and has continued to play Rules of Practice - Attorney Fee Matters; trition, and Forestry. for Presidents and distinguished guests Notice of Disagreement Requirement’’ EC–9234. A communication from the Con- to this day, including Presidents Harry (RIN2900–AL25) received on September 30, gressional Review Coordinator, Animal and 2002; to the Committee on Veterans’ Affairs. Plant Health Inspection Service, Department S. Truman, John F. Kennedy, Lyndon of the Agriculture, transmitting, pursuant to B. Johnson, Richard M. Nixon, and EC–9224. A communication from the Direc- tor, Office of Personnel Policy, Department law, the report of a rule entitled ‘‘Gypsy Pope John Paul II. Moth Host Material from Canada; Removal of the Interior, transmitting, pursuant to The band’s popularity has grown im- of Infested Areas in British Columbia, Can- law, the report of a vacancy and a nomina- ada’’ (Doc. No. 01–132–2) received on Sep- mensely over the years. The demand tion for the position of Chairman, National tember 30, 2002; to the Committee on Agri- for them to play continues to grow in Indian Gaming Commission, received on Sep- the Chicago land area, as well as across culture, Nutrition, and Forestry. tember 30, 2002; to the Committee on Indian EC–9235. A communication from the Con- the Nation, and around the world. The Affairs. gressional Review Coordinator, Animal and Rovers continue to excite Chicagoans EC–9225. A communication from the Direc- Plant Health Inspection Service, Department with performances at halftime of Bears tor, Office of Personnel Policy, Department of the Agriculture, transmitting, pursuant to games, leading the pre-race ceremonies of the Interior, transmitting, pursuant to law, the report of a rule entitled ‘‘Change in at Chicago Motor Speedway, per- law, the report of a vacancy and the designa- Disease Status of Denmark Because of Ex- tion of acting officer for the position of Spe- otic Newcastle Disease’’ (Doc. No. 02–089–1) forming at the Celtic Fest, and at the cial Trustee for American Indians, received Irish Heritage Center. They make an received on September 30, 2002; to the Com- on September 30, 2002; to the Committee on mittee on Agriculture, Nutrition, and For- annual trip to Springfield, IL, for the Indian Affairs. estry. Illinois State Fair and they also per- EC–9226. A communication from the Assist- EC–9236. A communication from the Con- form at countless rallies and dinners. ant Secretary for Legislative Affairs, De- gressional Review Coordinator, Animal and The members of this group freely vol- partment of State, transmitting, pursuant to Plant Health Inspection Service, Department unteer their time for all types of civic the Arms Export Control Act, the report of a of the Agriculture, transmitting, pursuant to and charitable events. certification of a proposed license for the ex- law, the report of a rule entitled ‘‘Texas port of defense articles to India; to the Com- (Splenetic) Fever in Cattle; Incorporation by Internationally, the band is a peren- mittee on Foreign Relations. nial contender in Ireland’s Fleadh Reference’’ (Doc. No. 01–110–2) received on EC–9227. A communication from the Assist- September 30, 2002; to the Committee on Ag- Cheoil, a world-class traditional Irish ant Secretary for Legislative Affairs, De- riculture, Nutrition, and Forestry. music event. The Rovers have placed partment of State, transmitting, pursuant to EC–9237. A communication from the Con- first, second, and third in this pres- the Arms Export Control Act, transmitting, gressional Review Coordinator, Animal and tigious competition. the report of a certification of a proposed li- Plant Health Inspection Service, Department The Shannon Rovers Irish Pipe Band cense for the export of defense articles or de- of the Agriculture, transmitting, pursuant to has accomplished much in the 75 years fense services sold commercially under a law, the report of a rule entitled ‘‘Imported since its founding. It is my pleasure to contract in the amount of $50,000,000 or more Fire Ant; Approved Treatments’’ (Doc. No. to Germany and Russia; to the Committee extend my congratulations and thanks 01–115–2) received on September 30, 2002; to on Foreign Relations. the Committee on Agriculture, Nutrition, to this group for their decades of serv- EC–9228. A communication from the Assist- and Forestry. ice and dedication to their music and ant Secretary for Legislative Affairs, De- EC–9238. A communication from the Con- to the people of Illinois.∑ partment of State, transmitting, pursuant to gressional Review Coordinator, Animal and

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9982 CONGRESSIONAL RECORD — SENATE October 4, 2002 Plant Health Inspection Service, Department tional Aeronautics and Space Administra- entitled ‘‘Archer MSA Counter 2002’’ (Ann. of the Agriculture, transmitting, pursuant to tion, transmitting, pursuant to law, the re- 2002–90) received on September 30, 2002; to law, the report of a rule entitled ‘‘Pink port of a rule entitled ‘‘NASA Grant and Co- the Committee on Finance. Bollworm Regulated Areas; Removal of operative Agreement Handbook—Rewrite of EC–9261. A communication from the Chief Oklahoma’’ (Doc. No. 02–031–2) received on Section D—Cooperative Agreements with of the Regulations Unit, Internal Revenue September 30, 2002; to the Committee on Ag- Commercial Firms and Implementation of Service, Department of the Treasury, trans- riculture, Nutrition, and Forestry. Section 319 of Public Law 106–391, Buy Amer- mitting, pursuant to law, the report of a rule EC–9239. A communication from the Sec- ican Encouragement’’ (RIN2700–AC44) re- entitled ‘‘Railroad Track Maintenance retary of Defense, transmitting, the report of ceived on September 25, 2002; to the Com- Costs—Class II and III Railroads’’ (Rev. Proc. a retirement; to the Committee on Armed mittee on Commerce, Science, and Transpor- 2002–65) received on September 30, 2002; to Services. tation. the Committee on Finance. EC–9240. A communication from the Dep- EC–9252. A communication from the Assist- EC–9262. A communication from the Chief uty Secretary of Defense, transmitting, pur- ant Secretary for Export Administration, of the Regulations Unit, Internal Revenue suant to law, a report relative to mental Bureau of Industry and Security, Depart- Service, Department of the Treasury, trans- health counselors demonstration project; to ment of Commerce, transmitting pursuant to mitting, pursuant to law, the report of a rule the Committee on Armed Services. law, the report of a rule entitled ‘‘Missile entitled ‘‘2003 Per Diem Rates’’ (Rev. Proc. EC–9241. A communication from the Under Technology Production Equipment and Fa- 2002–63) received on September 30, 2002; to Secretary of Defense, Comptroller, transmit- cilities’’ (RIN0694–AC51) received on Sep- the Committee on Finance. ting, pursuant to law, a report relative to a tember 30, 2002; to the Committee on Bank- EC–9263. A communication from the Chief multi-service (Army/Navy) multiyear pro- ing, Housing, and Urban Affairs. of the Regulations Branch, United States curement (MYP) for UH–60 and MH–60 air- EC–9253. A communication from the Prin- Customs Service, Department of the Treas- craft for Fiscal Year 2002 through 2006; to the cipal Deputy Associate Administrator of the ury, transmitting, pursuant to law, the re- Committee on Armed Services. Environmental Protection Agency, transmit- port of a rule entitled ‘‘Extension of Import EC–9242. A communication from the Under ting, a report entitled ‘‘Issuance of Revised Restrictions Imposed on Archaeological Ma- Secretary of Defense, Personnel and Readi- Model Administrative Order on Consent for terial From Guatemala’’ (RIN1515–AD17) re- ness, transmitting, pursuant to law, reports Removal Actions’’; to the Committee on En- ceived on September 30, 2002; to the Com- relative to the Ready Reserve of the Armed vironment and Public Works. mittee on Finance. Forces; to the Committee on Armed Serv- EC–9254. A communication from the Direc- EC–9264. A communication from the Assist- ant Secretary for Legislative Affairs, De- ices. tor, Office of Congressional Affairs, Office of partment of State, transmitting, pursuant to EC–9243. A communication from the Sec- the Chief Financial Officer, United States law, a report relative to the Republic of Cy- retary of Defense, transmitting, the report of Nuclear Regulatory Commission, transmit- prus and the status of cultural property a retirement; to the Committee on Armed ting, pursuant to law, the report of a rule en- agreements with Peru and Canada; to the Services. titled ‘‘Revision to Salary Offset Proce- EC–9244. A communication from the Sec- Committee on Finance. dures’’ (RIN3150–AG96) received on Sep- EC–9265. A communication from the Com- retary of Defense, transmitting, the report of tember 27, 2002; to the Committee on Envi- missioner of the Financial Management a retirement; to the Committee on Armed ronment and Public Works. Service, Department of the Treasury, trans- Services. EC–9255. A communication from the Ad- mitting, pursuant to law, a report con- EC–9245. A communication from the Gen- ministrator of the Environmental Protection cerning the appearance of Social Security eral Counsel, Federal Emergency Manage- Agency, transmitting, pursuant to law, a re- account numbers on or through unopened ment Agency, transmitting, pursuant to law, port entitled ‘‘Status of the State Small mailings of checks or other drafts issued on the report of a rule entitled ‘‘Change in Business Stationary Source Technical and public money in the Treasury; to the Com- Flood Elevation Determinations’’ (Doc. No. Environmental Compliance Programs mittee on Finance. FEMA–D–7527) received on September 30, (SBTCPs)’’ for calendar year 2000; to the EC–9266. A communication from the Fiscal 2002; to the Committee on Banking, Housing, Committee on Environment and Public Assistant Secretary, Department of the and Urban Affairs. Works. Treasury, transmitting, pursuant to law, the EC–9246. A communication from the Gen- EC–9256. A communication from the Prin- annual reports that appear on pages 119–141 eral Counsel, Federal Emergency Manage- cipal Deputy Associate Administrator of the of the March 2002 Treasury Bulletin; to the ment Agency, transmitting, pursuant to law, Environmental Protection Agency, transmit- Committee on Finance. the report of a rule entitled ‘‘Final Flood ting, pursuant to law, the report of a rule en- EC–9267. A communication from the Regu- Elevation Determinations’’ (44 CFR Part 67) titled ‘‘Approval and Promulgation of Imple- lations Coordinator for the Centers for Medi- received on September 30, 2002; to the Com- mentation Plans; Louisiana; Baton Rouge care and Medicaid Services, Department of mittee on Banking, Housing, and Urban Af- Nonattainment Area; Ozone; 1-Hour Ozone Health and Human Service, transmitting, fairs. Attainment Demonstration; Attainment pursuant to law, the report of a rule entitled EC–9247. A communication from the Gen- Date Extension, and Withdrawal of Non- ‘‘Medicare Program; Supplementary Medical eral Counsel, Federal Emergency Manage- attainment Determination and Reclassifica- Insurance Premium Surcharge Agreements’’ ment Agency, transmitting, pursuant to law, tion’’ (FRL7387–5) received on September 26, (RIN0938–AK42) received on September 30, the report of a rule entitled ‘‘Changes in 2002; to the Committee on Environment and 2002; to the Committee on Finance. Flood Elevation Determinations’’ (44 CFR Public Works. EC–9268. A communication from the Regu- Part 67) received on September 30, 2002; to EC–9257. A communication from the Prin- lations Coordinator, Centers for Medicare the Committee on Banking, Housing, and cipal Deputy Associate Administrator of the and Medicaid Service, Department of Health Urban Affairs. Environmental Protection Agency, transmit- and Human Services, transmitting, pursuant EC–9248. A communication from the Assist- ting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘State ant General Counsel for Regulations, Office titled ‘‘Approval and Promulgation of State Children’s Health Insurance Program; Eligi- of Public and Indian Housing, Department of Implementation Plan; Ohio’’ (FRL7386–9) re- bility for Prenatal Care for Unborn Chil- Housing and Urban Development, transmit- ceived on September 26, 2002; to the Com- dren’’ (RIN0938–AL37) received on September ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. 30, 2002; to the Committee on Finance. titled ‘‘Exception Payment Standard to Off- EC–9258. A communication from the Prin- EC–9269. A communication from the Regu- set Increase in Utility Costs in the Housing cipal Deputy Associate Administrator of the lations Coordinator, Centers for Medicare Choice Voucher Program’’ (RIN2577–AC29) re- Environmental Protection Agency, transmit- and Medicaid Services, Department of ceived on September 30, 2002; to the Com- ting, pursuant to law, the report of a rule en- Health and Human Services, transmitting, mittee on Banking, Housing, and Urban Af- titled ‘‘Fining of Failure to Submit State pursuant to law, the report of a rule entitled fairs. Implementation Plan Revisions for Ozone (1- ‘‘Medicare and Medicaid Programs; Program EC–9249. A communication from the Chair- hour Standard), California—San Joaquin of All-inclusive Care for the Elderly (PACE) man of the Federal Reserve System, trans- Valley’’ (FRL7387–9) received on September Program Revisions’’ (RIN0938–AL59) received mitting, pursuant to law, a report on credit 26, 2002; to the Committee on Environment on September 30, 2002; to the Committee on availability for small business; to the Com- and Public Works. Finance. mittee on Banking, Housing, and Urban Af- EC–9259. A communication from the Chief EC–9270. A communication from the Attor- fairs. of the Regulations Unit, Internal Revenue ney, Research and Special Programs Admin- EC–9250. A communication from the Senior Service, Department of the Treasury, trans- istration, Department of Transportation, Paralegal, Office of Thrift Supervision, De- mitting, pursuant to law, the report of a rule transmitting, pursuant to law, the report of partment of the Treasury, transmitting, pur- entitled ‘‘Retroactive Accident and Health a rule entitled ‘‘Hazardous Material Regula- suant to law, the report of a rule entitled Benefits’’ (Rev. Rul. 2002–58) received on Sep- tions: Minor Editorial Corrections and Clari- ‘‘Alternative Mortgage Transaction Parity tember 30, 2002; to the Committee on Fi- fications’’ (RIN2137–AD72) received on Sep- Act; Preemption’’ (RIN1550–AB51) received nance. tember 30, 2002; to the Committee on Com- September 25, 2002; to the Committee on EC–9260. A communication from the Chief merce, Science, and Transportation. Banking, Housing, and Urban Affairs. of the Regulations Unit, Internal Revenue EC–9271. A communication from the Attor- EC–9251. A communication from the Assist- Service, Department of the Treasury, trans- ney, Research and Special Programs Admin- ant Administrator for a Procurement, Na- mitting, pursuant to law, the report of a rule istration, Department of Transportation,

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9983 transmitting, pursuant to law, the report of suant to law, the report of the Office of the participants in research; to the Committee a rule entitled ‘‘Hazardous Materials: Re- Inspector General for the period October 1, on Health, Education, Labor, and Pensions. quired for Maintenance, Requalification, Re- 2001 through March 31, 2002; to the Com- By Mr. LOTT: pair and Use of DOT Specification Cylinders; mittee on Governmental Affairs. S. 3061. A bill to impose greater account- Extension of Compliance Date’’ (RIN2137– EC–9282. A communication from the Chair- ability on the Tennessee Valley Authority AD58) received on September 30, 2002; to the man of the Postal Rate Commission, trans- with respect to capital investment decisions Committee on Commerce, Science, and mitting, pursuant to law, a report relative to and financing operations by increasing Con- Transportation. network vulnerability assessment report gressional and Executive Branch oversight; EC–9272. A communication from the Chief dated August 2002; to the Committee on Gov- to the Committee on Environment and Pub- of Regulations and Administrative Law, ernmental Affairs. lic Works. United States Coast Guard, Department of EC–9283. A communication from the Chair- By Mr. CRAIG: Transportation, transmitting, pursuant to man of the Federal Maritime Commission, S. 3062. A bill to direct the Secretary of law, the report of a rule entitled ‘‘Draw- transmitting, pursuant to law, the Semi- Agriculture to conduct a study of the effec- bridge Regulations: (including 3 regula- annual Report of the Office of the Inspector tiveness of silver-based biocides as an alter- tions)’’ ((RIN2115–AE47)(2002–0083)) received General for the period October 1, 2001 native treatment to preserve wood; to the on September 30, 2002; to the Committee on through March 31, 2002; to the Committee on Committee on Agriculture, Nutrition, and Commerce, Science, and Transportation. Governmental Affairs. Forestry. EC–9273. A communication from the Chief EC–9284. A communication from the Assist- f of Regulations and Administrative Law, ant Secretary for Policy, Management and SUBMISSION OF CONCURRENT AND United States Coast Guard, Department of Budget, Department of the Interior, trans- Transportation, transmitting, pursuant to mitting, pursuant to law, the Department’s SENATE RESOLUTIONS law, the report of a rule entitled ‘‘Regatta inventory of commercial activities for Fiscal The following concurrent resolutions Regulations; Cape Fear River, Wilmington, Year 2001; to the Committee on Govern- and Senate resolutions were read, and NC’’ ((RIN2115–AE46)(2002–0032)) received on mental Affairs. referred (or acted upon), as indicated: September 30, 2002; to the Committee on Commerce, Science, and Transportation. f By Mr. HUTCHINSON (for himself, Mr. LOTT, Mr. HELMS, Mr. HAGEL, Mr. EC–9274. A communication from the Chief REPORTS OF COMMITTEES of Regulations and Administrative Law, BURNS, Mr. CRAIG, Mr. ROBERTS, Mr. United States Coast Guard, Department of The following reports of committees ALLARD, Mr. VOINOVICH, Mr. CRAPO, Transportation, transmitting, pursuant to were submitted: Mr. ENSIGN, Mr. DEWINE, Mr. BOND, law, the report of a rule entitled ‘‘Safety/Se- By Mr. INOUYE, from the Committee on Mr. FRIST, Mr. WARNER, and Mr. curity Zone Regulations; Gulf Intracoastal Indian Affairs, with an amendment in the HATCH): S. Res. 333. A resolution expressing the Waterway Mile 134.0, Cypremort Point, Lou- nature of a substitute: sense of the Senate relating to a dispute be- isiana’’ ((RIN2115–AA97)(2002–0189)) received S. 2799: A bill to provide for the use of and on September 30, 2002; to the Committee on tween the Pacific Maritime Association and distribution of certain funds awarded to the the International Longshore and Warehouse Commerce, Science, and Transportation. Gila River Pima-Maricopa Indian Commu- EC–9275. A communication from the Senior Union; to the Committee on Health, Edu- nity, and for other purposes. (Rept. No. 107– cation, Labor, and Pensions. Regulations Analyst, Department of Trans- 298). portation, transmitting, pursuant to law, the By Mr. DASCHLE (for Mrs. CLINTON): By Mr. INOUYE, from the Committee on S. Res. 334. A resolution recognizing the report of a rule entitled ‘‘Procedures for Indian Affairs, without amendment: Ellis Island Medal of Honor; to the Com- Transportation Workplace Drug and Alcohol S. 2989: A bill to protect certain lands held mittee on the Judiciary. Testing Programs; Procedures for Non-Evi- in fee by the Pechanga Band of Luiseno Mis- dential Alcohol Screening Devices’’ sion Indians from condemnation until a final f (RIN2105–AD13) received on September 27, decision is made by the Secretary of the In- ADDITIONAL COSPONSORS 2002; to the Committee on Commerce, terior regarding a pending fee to trust appli- S. 1379 Science, and Transportation. cation for that land. (Rept. No. 107–299). EC–9276. A communication from the Senior At the request of Mr. KENNEDY, the Regulations Analyst, Department of Trans- f name of the Senator from New York portation, transmitting, pursuant to law, the INTRODUCTION OF BILLS AND (Mr. SCHUMER) was added as a cospon- report of a rule entitled ‘‘Withdrawal of Pro- JOINT RESOLUTIONS sor of S. 1379, a bill to amend the Pub- posed Rulemaking Actions’’ (RIN2105–AD16) lic Health Service Act to establish an received on September 27, 2002; to the Com- The following bills and joint resolu- Office of Rare Diseases at the National mittee on Commerce, Science, and Transpor- tions were introduced, read the first Institutes of Health, and for other pur- tation. and second times by unanimous con- poses. EC–9277. A communication from the Trial sent, and referred as indicated: Attorney, National Highway Traffic Safety S. 1434 By Ms. LANDRIEU (for herself and Mr. Administration, Department of Transpor- At the request of Mr. SPECTER, the BAYH): tation, transmitting, pursuant to law, the re- name of the Senator from Michigan port of a rule entitled ‘‘Schedule of Fees Au- S. 3057. A bill to support the establishment (Ms. STABENOW) was added as a cospon- thorized by 49 USC 30141’’ (RIN2127–AI77) re- or expansion and operation of programs ceived on September 30, 2002; to the Com- using a network of public and private com- sor of S. 1434, a bill to authorize the mittee on Commerce, Science, and Transpor- munity entities to provide mentoring for President to award posthumously the tation. children in foster care; to the Committee on Congressional Gold Medal to the pas- EC–9278. A communication from the Regu- Health, Education, Labor, and Pensions. sengers and crew of United Airlines lations Officer, Federal Motor Carrier Safety By Mr. BINGAMAN (for himself, Mr. flight 93 in the aftermath of the ter- Administration, Department of Transpor- BUNNING, Mr. HARKIN, Mr. ALLARD, rorist attack on the United States on Mr. REID, and Mrs. CLINTON): tation, transmitting, pursuant to law, the re- September 11, 2001. port of a rule entitled ‘‘Development of a S. 3058. A bill to amend the Energy Em- North American Standard for Protection ployees Occupational Illness Compensation S. 2053 Against Shifting and Falling Cargo’’ Program Act of 2000 to provide benefits for At the request of Mr. FRIST, the (RIN2126–AA27) received on September 30, contractor employees of the Department of name of the Senator from Vermont 2002; to the Committee on Commerce, Energy who were exposed to toxic substances (Mr. JEFFORDS) was added as a cospon- Science, and Transportation. at Department of Energy facilities, to pro- sor of S. 2053, a bill to amend the Pub- EC–9279. A communication from the Sec- vide coverage under subtitle B of that Act lic Health Service Act to improve im- for certain additional individuals, to estab- retary of Transportation, transmitting, pur- munization rates by increasing the dis- suant to law, the National Plan of Integrated lish an ombudsman and otherwise reform the Airport Systems (NPIAS), 2001–2005; to the assistance provided to claimants under that tribution of vaccines and improving Committee on Commerce, Science, and Act, and for other purposes; to the Com- and clarifying the vaccine injury com- Transportation. mittee on Health, Education, Labor, and pensation program, and for other pur- EC–9280. A communication from the Chair- Pensions. poses. man of the Federal Communications Com- By Mr. BAUCUS: S. 2268 mission, transmitting, pursuant to law, the S. 3059. A bill to provide for the distribu- At the request of Mr. MILLER, the Commission’s Revised Strategic Plan for tion of judgment funds to the Assiniboine name of the Senator from New Hamp- Fiscal Years 2003 through 2008; to the Com- and Sioux Tribes of the Fort Peck Reserva- mittee on Commerce, Science, and Transpor- tion; to the Committee on Indian Affairs. shire (Mr. GREGG) was added as a co- tation. By Mr. KENNEDY: sponsor of S. 2268, a bill to amend the EC–9281. A communication from the Sec- S. 3060. A bill to amend the Public Health Act establishing the Department of retary of Transportation, transmitting, pur- Service Act to provide protections for human Commerce to protect manufacturers

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9984 CONGRESSIONAL RECORD — SENATE October 4, 2002 and sellers in the firearms and ammu- the use of United States Armed Forces Fishing, boating, hunting, wineries, nition industry from restrictions on against Iraq. farmers markets and the arts attract interstate or foreign commerce. S. RES. 307 visitors from around the nation to the S. 2480 At the request of Mr. TORRICELLI, the Finger Lakes region. The Finger Lakes At the request of Mr. LEAHY, the name of the Senator from New York region also includes some of the name of the Senator from New Hamp- (Mrs. CLINTON) was added as a cospon- Northeast’s most productive agricul- shire (Mr. GREGG) was added as a co- sor of S. Res. 307, a resolution reaffirm- tural lands. sponsor of S. 2480, a bill to amend title ing support of the Convention on the While Central New York is truly 18, United States Code, to exempt Prevention and Punishment of the blessed with the environmental, eco- qualified current and former law en- Crime of Genocide and anticipating the nomic, and cultural benefits that the forcement officers from state laws pro- commemoration of the 15th anniver- Finger Lakes provide, the health of the hibiting the carrying of concealed sary of the enactment of the Genocide Finger Lakes can no longer be taken handguns. Convention Implementation Act of 1987 for granted. Recent reports have con- S. 2490 (the Proxmire Act) on November 4, firmed what many residents in New York already know, the Finger Lakes At the request of Mr. TORRICELLI, the 2003. are under environmental stress. In name of the Senator from Maryland S. CON. RES. 138 many of the lakes, water quality has (Ms. MIKULSKI) was added as a cospon- At the request of Mr. REID, the name suffered. Fluctuating water levels and sor of S. 2490, a bill to amend title of the Senator from New Mexico (Mr. flooding north of the lakes has also in- XVIII of the Social Security Act to en- BINGAMAN) was added as a cosponsor of creased. In addition, a significant sure the quality of, and access to, S. Con. Res. 138, a concurrent resolu- amount of fish and wildlife habitat is skilled nursing facility services under tion expressing the sense of Congress being lost and threats are being posed the medicare program. that the Secretary of Health And by the introduction of invasive species. S. 2569 Human Services should conduct or sup- Local, State, and Federal officials At the request of Mrs. CLINTON, the port research on certain tests to screen have recognized the seriousness of name of the Senator from Nevada (Mr. for ovarian cancer, and Federal health these threats, and have worked to ad- REID) was added as a cosponsor of S. care programs and group and indi- dress these concerns. Local stake- 2569, a bill to award a congressional vidual health plans should cover the holders have joined forces and are gold medal to Dr. Dorothy Height, in tests if demonstrated to be effective, working to protect the lakes, devel- recognition of her many contributions and for other purposes. oping management plans, imple- to the Nation. S. CON. RES. 142 menting best management practices, S. 2667 At the request of Mr. SMITH of Or- and doing what they can to protect the At the request of Mr. DODD, the egon, the names of the Senator from resource that is truly their backyard. names of the Senator from Florida (Mr. Texas (Mrs. HUTCHISON) and the Sen- Yet there is still no comprehensive, re- NELSON) and the Senator from Illinois ator from South Dakota (Mr. JOHNSON) gional action plan to address collective (Mr. DURBIN) were added as cosponsors were added as cosponsors of S. Con. environmental protection and eco- of S. 2667, a bill to amend the Peace Res. 142, a concurrent resolution ex- nomic development goals for the re- Corps Act to promote global accept- pressing support for the goals and ideas gion. ance of the principles of international of a day of tribute to all firefighters In recent years, Congress has recog- peace and nonviolent coexistence who have died in the line of duty and nized that our Nation’s environmental among peoples of diverse cultures and recognizing the important mission of resources are best protected on an eco- systems of government, and for other the Fallen Firefighters Foundation in system or watershed basis, with the purposes. assisting family members to overcome federal government providing funds S. 2770 the loss of their fallen heroes. and expertise to assist with protection At the request of Mr. DODD, the name f efforts that are shaped by State and local interests. This approach has been of the Senator from Ohio (Mr. DEWINE) STATEMENTS ON INTRODUCED taken with great success in Chesapeake was added as a cosponsor of S. 2770, a BILLS AND JOINT RESOLU- Bay, the Great Lakes, the Long Island bill to amend the Federal Law Enforce- TIONS—OCTOBER 3, 2002 ment Pay Reform Act of 1990 to adjust Sound, and the California Bay Delta, the percentage differentials payable to By Mrs. CLINTON (for herself just to name a few. Federal law enforcement officers in and Mr. SCHUMER): Just as the Federal Government has certain high-cost areas. S. 3045. A bill to amend the Federal supported these national treasures, it Water Pollution Control Act to provide is time for the Finger Lakes to be rec- S. 3018 for the protection and enhancement of ognized as a region to be protected and At the request of Mr. BAUCUS, the the environmental integrity and the enhanced for the economic and envi- names of the Senator from Arkansas social and economic benefits of the ronmental benefit of all who live, (Mrs. LINCOLN), the Senator from Iowa Finger Lakes Region in the State of work, farm, play, and visit the Finger (Mr. HARKIN), the Senator from South New York; to the Committee on Envi- Lakes. Dakota (Mr. JOHNSON) and the Senator ronment and Public Works. Under the Finger Lakes Initiative from Missouri (Mrs. CARNAHAN) were Mrs. CLINTON. Mr. President, today, Act of 2002, which I am introducing added as cosponsors of S. 3018, a bill to it is an honor to introduce the Finger today with Senator SCHUMER, a new amend title XVIII of the Social Secu- Lakes Initiative Act of 2002. The Fin- program will be established within the rity Act to enhance beneficiary access ger Lakes are the heart of New York. U.S. Environmental Protection Agency to quality health care services under They stretch across most of the State to protect and enhance the environ- the medicare program, and for other and nurture an endless supply of nat- mental integrity and cultural and eco- purposes. ural and economic resources. They at- nomic benefits of the Finger Lakes. S. 3054 tract visitors from across the country, The Initiative will assist Finger Lakes At the request of Mr. LIEBERMAN, the and they deserve our support to main- stakeholders in achieving their goals name of the Senator from South Da- tain and strengthen the quality of life for the region through technical, sci- kota (Mr. DASCHLE) was added as a co- in the entire region. entific, and financial assistance and co- sponsor of S. 3054, a bill to provide for The Finger Lakes Region of New ordination of relevant Federal pro- full voting representation in Congress York State is a land of rolling hills, grams. for the citizens of the District of Co- beautiful lakes, pastoral firms, and in- To best serve the interests of the re- lumbia, and for other purposes. comparable fish and wildlife resources. gion and build upon the knowledge, ex- S.J. RES. 46 A critical environmental resource, the pertise, and ongoing efforts of local At the request of Mr. BUNNING, his Lakes are also vital to the region’s stakeholders, the legislation estab- name was added as a cosponsor of S.J. economy, generating a tremendous lishes an official stakeholder group to Res. 46, a joint resolution to authorize amount of tourism and commerce. aid in developing and implementing

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9985 the Initiative. The stakeholder group programs using a network of public and The Foster Care Mentoring Act of will be comprised of representatives private community entities to provide 2002 authorizes $15 million a year to be from local businesses, regional plan- mentoring for children in foster care; used by States to create a statewide ning agencies, academic institutions, to the Committee on Health, Edu- foster care mentor program that aims homeowners associations, environ- cation, Labor, and Pensions. to match a trained, responsible adult mental organizations, agricultural in- Ms. LANDRIEU. Mr. President, in with each and every child in care. Last terests, economic development inter- 1999, several of us, including the late week, I had the chance to sit down ests, the tourism industry, and tribes, John Chafee and former First Lady, with an organization, Children Uniting as well as representatives of Federal, HILLARY CLINTON, took a long hard Nations and the First Lady of Cali- State, and local governments. look at our Nation’s foster care system fornia, Sharon Davis, and they shared This stakeholder group will have and in particular those whom the sys- with me the enormous success they three years to develop a comprehensive tem failed. Each year 25,000 young peo- have had in California with a program plan to provide for the protection and ple leave our foster care system with- like this. The mentors provide friend- enhancement of the environmental in- out ever finding a permanent family. ship, guidance, academic tutoring and tegrity and the social and economic Too many of these young people have most importantly consistency to chil- benefits of the Finger Lakes. The plan been in this system for the majority of dren who are in desperate need of such will be made available for public re- their lives, moved from home to home things. In addition, this legislation view and comment, including a number to home, school to school, with no one provides Federal student loan forgive- of public meetings throughout the Fin- to count on or turn to for guidance and ness for each mentor that contributes ger Lakes region. Once approved by the no where to call ‘‘home.’’ at least 200 hours a year to a child in EPA Administrator, with the concur- Studies show that within two to four need. rence of the Governor, the plan will be- years of leaving foster care, only half Although a mentor can never take come the blueprint for federally sup- have completed high school, fewer than the place of a permanent family, they ported activities in the region. half are employed, one-fourth have can make sure these children do not Furthermore, there will be an inter- been homeless for at least one night, 30 get lost in a system designed to protect disciplinary research and education percent did not have access to needed them. Mentors can give these children program established as part of the Fin- health care, 60 percent of the young the tools they need to survive and help ger Lakes Initiative, including $5 mil- women have given birth, and less than guide and protect them as they wait lion in federal support authorized for a one-in-five are completely self-sup- for the permanent home they need and Finger Lakes Institute, such as the In- porting. In addition, many States re- deserve. I hope that my colleagues will stitute that was recently announced at port that the overwhelming majority join me in support of this legislation. the Hobart and William Smith Colleges of youth offenders housed in their Mr. BAYH. Mr. President, I rise in Geneva, NY. State prisons were once a part of our today to speak in support of legislation I have been working on with Senator Overall, the bill authorizes $50 mil- Nation’s foster care system. lion in federal support over five years While these statistics are, in and of LANDRIEU to ensure our foster care for efforts to protect and enhance the themselves. disturbing, as author, youth are provided every opportunity environmental, economic and cultural Ruth Sidel, once said, ‘‘statistics are to develop into bright, capable adults benefits of the Finger Lakes. And to people with the tears wiped away.’’ It and become productive and valuable ensure proper involvement and coordi- is easier for us to think of the almost members of our society. The Foster nation among all federal agencies in 600,000 children making their way Care Mentoring Act will help provide a addressing the needs and challenges in through our foster care system as num- foster care child with a role model, tutor and friend. the Finger Lakes, appropriate finan- bers, but they are not. They are chil- Although there are several concerns cial, technical, and scientific assist- dren. And like every child, they are with the administration of our child ance will be provided for the Finger born with a need to belong, to be loved, Lakes Initiative by the U.S. Environ- welfare system, this bill is one way we to feel protected and sheltered. When can immediately provide necessary re- mental Protection Agency, the U.S. we were working on the John Chafee Geological Survey, the U.S. Fish and lief and guidance to children who have Foster Care Independence Act of 1999, a been the victims of abuse and neglect. Wildlife Service, the National Park young woman named Lisa, who had Service, the U.S. Department of Agri- This legislation takes a necessary step spent her life in foster care explained cultural, the National Oceanic and At- toward providing these children with a this concept better than I ever could. mospheric Administration, the Eco- healthy stable environment. There are She said, ‘‘even at 21, I dream about nomic Development Administration, over half a million children in the na- having someone to call when I am not and the U.S. Army Corps of Engineers. tion’s foster care system, 7,482 children For decades, the Finger Lakes region sure whether you wash whites in warm in Indiana alone. As the guardian of has held its own in the world. The or cold water, someone to tell me that these children, the government should lakes, the farms, the towns, the wild- they are proud that I got an A on my take all possible steps to help them life, and the recreational opportunities Biology test, and most importantly overcome their barriers. have all pulled people toward this part someone who will love me no matter As a result of the abuse foster care of the State. I, myself, was drawn there what. Other kids have that and they children have experienced, they are in August and spent time in Auburn, are lucky.’’ less likely to trust adults, create Seneca Falls, Hammondsport, and Ge- One of my goals as United States healthy relationships, and perform aca- neva. Seeing the potential of this re- Senator is to change our foster care demically. Mentors will help them es- gion, I can just imagine the possibili- system so children like Lisa do not fall tablish trusting relationships, assist ties when we finally reach out to the through it’s cracks. When you stop and them with their school work, and de- Finger Lakes Region—when we finally think about it, there is no such thing velop emotionally. Mentors will re- provide this region with the resources as a foster care ‘‘system’’, its just peo- mind foster care youth that they are and the attention and the planning it ple, and these children do not fall wanted members of our society who de- deserves. The possibilities are endless. through ‘‘cracks’’, they fall through serve every opportunity to achieve There is room in our Nation for an- our fingers. I, for one, intend to do their dreams. other natural wonder, the Finger what I can to ensure that each and Mentors have proven to have positive Lakes Region of New York State. every child in the world goes to bed at impacts on the youth they mentor. night blanketed with the security that f Children that have mentors have better only a family of their own can provide. relationships with adults, fewer dis- STATEMENTS ON INTRODUCED The legislation that I am here to intro- ciplinary referrals, and more con- BILLS AND JOINT RESOLUTIONS duce today by no means solves the fidence to achieve their goals. Re- By Ms. LANDRIEU (for herself many problems facing our kids in care, search shows that caring adults can and Mr. BAYH): but it will go a long way toward ensur- make a difference in children’s lives: 46 S. 3057. A bill to support the estab- ing that they do not fall through our percent of mentored teens are less like- lishment or expansion and operation of fingers. ly to use drugs; 59 percent of mentored

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9986 CONGRESSIONAL RECORD — SENATE October 4, 2002 teens have better academic perform- cently I held a public meeting in mercury toxicity but, for reasons we ance; 73 percent of mentored teens Espanola, New Mexico with Represent- can only speculate on now, failed to achieve higher goals generally. ative TOM UDALL, to review the per- act. According to the Oak Ridge Envi- The Foster Care Mentoring Act au- formance of the program. The gath- ronmental Peace Alliance, during the thorizes $15 million a year to ensure ering, attending by over 300 present 1950’s a majority of the world’s mer- that each mentor receives the appro- and former workers, focused on three cury was used in the production of nu- priate training, makes a long-term broad issues: delays in processing clear weapons. Although mercury commitment to the program, and ful- claims, missing radiation exposure usage is not unique to DOE facilities, fills educational requirements to men- records and difficulty gaining com- the volumes utilized in these facilities, tor foster care youth. Mentoring foster pensation for exposure to toxic sub- at one point 70 percent of the world’s care youth is another way young citi- stances, like mercury. supply, set mercury toxicity in this zens can serve their country. This bill Upon my return I continued to inves- setting apart from other exposures. would reward those who take time to tigate the implementation barriers fac- Recent data has revealed an in- assist those in need. Each college- ing the program. Meetings with De- creased risk of chronic renal disease bound individual will have $2,000 for- partment of Energy, Labor and HHS of- and lung cancer from exposure to ura- given from their student loans for ficials as well as experts in occupa- nium and beryllium, respectively. Al- every 200 hours they serve as a mentor tional health and workers compensa- though lung cancer can arise from to a foster care child. States will have tion revealed further flaws. Let me de- many causes, clear scientific data the flexibility to coordinate with al- scribe some of the problems this legis- points to beryllium disease as a pre- ready existing programs to create men- lation is intended to address based on cursor for this devastating illness. As tor-child partnerships. In addition, the what I have recently learned. well, chronic renal disease has many legislation would provide $4 million a First, with regard to subtitle D, the etiologies with uranium among them. year for the creation and administra- program relies on an amalgamation of Like mercury, these exposures and the tion of a national hotline and website private insurance, state workers com- consequent illnesses are unique to the to coordinate mentoring efforts. pensation programs and DOE con- environment workers found themselves Although we should work together to tractor self-insurance for the timely in and should be recognized. ensure each child in the foster care sys- and fair payment of medical costs and The legislation I am introducing tem is placed in a loving, stable, safe, lost wages. Unfortunately, Department today, along with Senators BUNNING, and permanent home, in the meantime of Energy officials recently stated that HARKIN, ALLARD and REID, entitled the Energy Workers Compensation Act of we can at least provide them with a up to 50 percent of all eligible bene- 2002 is intended to fulfill the original guiding friend. I look forward to work- ficiaries would not have access to a legislative objectives of Congress, ad- ing with my colleagues to implement willing payor. Assistant Secretary of dress unforeseen obstacles and assure this important legislation. Energy Beverly Cook in a June 7, 2002 letter noted DOE cannot give direc- just compensation for our Nation’s en- By Mr. BINGAMAN (for himself, tives to ‘‘persons who are not DOE con- ergy workers. The Energy Workers Compensation Mr. BUNNING, Mr. HARKIN, Mr. tractors, such as insurers or lessees of Act of 2002 addresses and improves the ALLARD, Mr. REID, and Mrs. DOE facilities.’’ In short, workers shortcomings of the original legisla- CLINTON): found to have a meritorious claim tion by: Establishing the Department S. 3058. A bill to amend the Energy under the program may not have a of Labor as the willing payor of bene- Employees Occupational Illness Com- payor. The legislation introduced fits for claimants approved by the De- pensation Program Act of 2000 to pro- today would address this problem by partment of Energy under Subtitle D. vide benefits for contractor employees making DOE the defacto for all claims. Benefit payments are authorized from Further, the Department of Energy of the Department of Energy who were the previously established EEOICPA exposed to toxic substances at Depart- failed, for nearly two years following fund. Setting time limits for DOE to ment of Energy facilities, to provide the passage of the legislation, to pub- make determinations regarding claim- coverage under subtitle B of that Act lish a rule crucial for the submission of ant’s employment records. Setting at for certain additional individuals, to subtitle D claims. The physician panel 150 days the time limit for the recon- establish an ombudsman and otherwise rule is a critical component allowing struction of worker’s radiation dos- reform the assistance provided to injury claims to be adjudicated by a ages. Adding lung cancer to a list of claimants under that Act, and for panel of physicians specializing in oc- covered beryllium related diseases. other purposes; to the Committee on cupational medicine. Since the incep- Adding chronic renal disease as a cov- Health, Education, Labor, and Pen- tion of the program and because of ered illness for uranium workers. Add- sions. delays like the one described above, ing mercury disease as a covered ill- Mr. BINGAMAN. Mr. President, two only four claims have been sent to the ness for workers employed at facilities years ago we enacted the Energy Em- physician panel for review. Clearly, we utilizing more than 100 kilograms of ployees Occupational Illness Com- must do better. My legislation sim- mercury. Establishing an ombudsman pensation Program Act, EEOICPA. plifies the process to allow the expedi- to help claimants with administration This important legislation was in- tious handling of claims. of claims. Allowing individuals other- tended to give timely, uniform and rea- The dangers faced by these workers wise eligible for compensation under sonable compensation to Department is only now being fully understood. In EEOICPA, but who previously received of Energy employees suffering injury addition to certain cancers, silicosis Radiation Exposure Compensation Act and disease resulting from working in and beryllium disease, increased risk awards, to be compensated at levels the nuclear weapons program. for other maladies are now being dis- equal to EEOICPA. The program has two parts: a Federal covered. In my own State of New Mex- It is imperative we protect those who component for certain diseases, and, ico I have workers suffering from mer- helped America win the cold war. Mem- for all others, an assistance program cury poisoning, once known as ‘‘Mad bers of the House of Representatives for the filing of State workers’ com- Hatters’’ disease. Mr. Alex Smith of have come to similar conclusion. Rep- pensation claims. The Federal compo- Espanola operated a mercury still for resentatives WHITFIELD and STRICK- nent, for workers made ill by exposure many years at the Los Alamos Na- LAND have recently introduced legisla- to substances unique to DOE facilities, tional Laboratory. At one point Mr. tion similar to ours. They too realize gives a one-time $150,000 payment and Smith displayed all the signs of both that promises made to cold war era covers medical payments for illnesses acute and chronic mercury poisoning. workers and families must be kept. A like beryllium disease, certain cancers He approached LANL’s medical clinic debt of gratitude to these workers, who and silicosis. seeking treatment only to be told he became sick through no fault of their Since the passage of the original act was not suffering from mercury poi- own, must be paid. in October 2000 a number of additional soning. Documentation later revealed a I request unanimous consent that the issues, complicating factors and imple- different story. In fact, the physician bill and selected testimony be printed mentation barriers have emerged. Re- did suspect Mr. Smith suffered from in the RECORD.

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9987 There being no objection, the mate- (8) Congress intended that follow-up imple- paragraph (1), the Secretary of Energy shall rial was ordered to be printed in the menting legislation would be required when notify the claimant of the receipt of the RECORD, as follows: it passed the Act and, in section 3613 of the claim and provide the name, address, and Act, directed the administration to provide S. 3058 phone number of a person capable of answer- such legislation. Although such legislation ing questions and providing additional infor- Be it enacted by the Senate and House of Rep- was forwarded on January 15, 2001, and Con- mation with respect to the procedures and resentatives of the United States of America in gress adopted technical amendments to the benefits under this subtitle. Congress assembled, Act in 2001, significant shortcomings in the ‘‘(b) INITIAL REVIEW BY DOE.— SECTION 1. SHORT TITLE. Act have been identified as the Act has been ‘‘(1) EVIDENCE REQUIRED.—The Secretary of This Act may be cited as the ‘‘Energy implemented. Workers Compensation Act of 2002’’. (b) PURPOSE.—The purpose of this Act is to Energy shall review each claim submitted SEC. 2. FINDINGS; PURPOSE. amend the Energy Employees Occupational under this section and, for each such claim, (a) FINDINGS.—Congress makes the fol- Illness Compensation Program Act of 2000 determine not later than 30 days after re- lowing findings: to— ceipt of the claim whether the claimant sub- (1) The Energy Employees Occupational (1) ensure that meritorious claims for ex- mitted reasonable evidence of both of the Illness Compensation Program Act of 2000 posure to toxic substances at Department of following: (the ‘‘Act’’) was intended to ensure timely, Energy facilities are compensated under sub- ‘‘(A) The claim was filed by or on behalf of uniform, and adequate compensation of cov- title D of the Act; a DOE contractor employee or such employ- ered employees (and, where applicable, sur- (2) enhance assistance to claimants at the ee’s estate. vivors of such employees) suffering from ill- Department of Labor; ‘‘(B) The illness or death of the DOE con- nesses incurred by such employees in the (3) ensure that there is parity in treatment tractor employee may have been related to performance of duty for the Department of of chronic renal disease between uranium-ex- employment at a Department of Energy fa- Energy and certain of its contractors, sub- posed Department of Energy employees (in- cility. contractors, and vendors, and to provide par- cluding employees of contractors, sub- ‘‘(2) DETERMINATIONS.— ity for uranium miners under the Radiation contractors, and atomic weapons employer ‘‘(A) If the Secretary determines that the Exposure Compensation Act (42 U.S.C. 2210 facilities) and the uranium-exposed workers claimant did not submit reasonable evidence note). under the Radiation Exposure Compensation under either paragraph (1)(A) or (1)(B), or (2) Four Federal agencies, the Departments Act; both, the Secretary shall, not later than 10 of Labor, Health and Human Services, En- (4) provide coverage of lung cancer for cov- days after making such determination, no- ergy, and Justice, have been assigned respon- ered beryllium workers; and tify the claimant of such determination and sibilities under the Act pursuant to Execu- (5) make administrative improvements and include the claimant’s options for appeal or tive Order No. 13179, dated December 7, 2000 technical corrections. for submitting additional evidence. (42 U.S.C. 7384 note). ‘‘(B) If the Secretary determines that the (3) The Department of Labor began accept- TITLE I—WORKERS’ COMPENSATION BEN- EFITS FOR DOE CONTRACTOR EMPLOY- claimant did submit reasonable evidence ing claims July 31, 2001, and the Department under both paragraphs (1)(A) and (1)(B), the of Health and Human Services, through the EES EXPOSED TO TOXIC SUBSTANCES Secretary shall— National Institute for Occupational Safety SEC. 101. BENEFITS. ‘‘(i) not later than 10 days after making and Health, will perform radiation dose re- Subtitle D of the Energy Employees Occu- such determination, notify the claimant of construction for cancer claims and evaluate pational Illness Compensation Program Act such determination; petitions for Special Exposure Cohorts. of 2000 (42 U.S.C. 7385o) is amended to read as ‘‘(ii) ensure that the claimant is afforded (4) The Department of Energy finalized its follows: regulations governing claims under Subtitle ‘‘Subtitle D—Workers’ Compensation Benefits the opportunity to review the entire record, D of the Act on August 14, 2002. Those regu- for DOE Contractor Employees Exposed to and to supplement the record within 30 days lations require claimants to use a State Toxic Substances after the date on which information is pro- vided by the DOE contractor, before the workers’ compensation system to secure ben- ‘‘SEC. 3661. DEFINITIONS. claim is submitted to a physicians panel; efits after receiving a positive findings from ‘‘In this subtitle: ‘‘(iii) not later than 10 days after the end of a Department of Energy physicians panel. ‘‘(1) The term ‘DOE contractor’ means any the 30-day period referred to in clause (ii) or The Department of Energy has conceded, of the following: the date on which the claimant completes however, that it will not have a willing ‘‘(A) A contractor (or subcontractor at any the supplement of the record under that payor for as many as 50 percent of the claims tier) of the Department of Energy. clause, whichever is later, submit the claim that are meritorious. As a consequence, ‘‘(B) A contractor (or subcontractor at any to a physicians panel for review under sub- many deserving claimants with a positive de- tier) of USEC, a Government-owned corpora- section (c); and termination from a Department of Energy tion, during the period beginning on July 1, ‘‘(iv) not later than 10 days after submit- physicians panel will nonetheless be denied 1993, and ending on July 28, 1998. ting the claim to a physicians panel, notify benefits. ‘‘(2) The term ‘DOE contractor employee’ the claimant of such submission. (5) The Department of Energy’s regulations means any of the following: (at 10 C.F.R. Part 852) direct contractors of ‘‘(A) An employee of a contractor (or sub- ‘‘(c) REVIEW BY PHYSICIANS PANELS.— the Department to adopt a non-adversarial contractor at any tier) of the Department of ‘‘(1) COMPOSITION.— posture in state workers’ compensation pro- Energy. ‘‘(A) The Secretary of Energy shall inform ceedings, which are structured as an adver- ‘‘(B) An employee of a contractor (or sub- the Secretary of Health and Human Services sarial forum. The policy of inserting a non- contractor at any tier) of USEC, a Govern- of the number of physicians panels the Sec- adversarial respondent in an adversarial sys- ment-owned corporation, during the period retary of Energy has determined to be appro- tem should be remedied by utilizing a non- beginning on July 1, 1993, and ending on July priate to administer this section, the number adversarial dispute resolution system. Tax- 28, 1998. of physicians needed for each panel, and the payers would also benefit from placing ‘‘(3) The term ‘covered DOE contractor em- area of jurisdiction of each panel. claimants in a non-adversarial system, such ployee’ means a DOE contractor employee, if ‘‘(B) The Secretary of Health and Human as the type of systems administered by the a claim relating to that employee is for- Services shall appoint panel members with Department of Labor under subtitle B of the warded by the Secretary of Energy under experience and competency in diagnosing oc- Act or under chapter 81 of title 5, United section 3662(d)(3)(A) to the Secretary of cupational illnesses under section 3109 of States Code (known as the Federal Employ- Labor for payment under section 3663. title 5, United States Code. Each member of ees Compensation Act), as doing so would as- ‘‘(4) The term ‘specified illness’ means, a panel shall be paid at the rate of pay pay- sure that disabilities related to occupational with respect to a covered DOE contractor able for level III of the Executive Schedule illnesses would be compensated proportional employee, the illness by reason of which the for each day (including travel time) the to the degree of injury. claim relating to that employee was for- member is engaged in the work of a panel. (6) In order to assure that congressional in- warded by the Secretary of Energy under ‘‘(C) A panel established under this sub- tent is honored with respect to the Depart- section 3662(d)(3)(A) to the Secretary of section shall not be subject to the Federal ment of Energy’s program of worker assist- Labor for payment under section 3663. Advisory Committee Act (5 U.S.C. App.). ance with state worker compensation for oc- ‘‘SEC. 3662. DETERMINATIONS OF CAUSATION BY ‘‘(2) OPERATION.— cupational illnesses that arose out of the DEPARTMENT OF ENERGY. ‘‘(A) The Secretary of Energy shall assist course of employment from exposure to toxic ‘‘(a) PROCEDURE FOR SUBMITTING CLAIMS.— the claimant in obtaining additional evi- substances at Department of Energy facili- ‘‘(1) IN GENERAL.—The Secretary of Energy dence within the control of the Department ties, the Department of Energy’s implemen- shall establish, by regulation, procedures of Energy or a DOE contractor who em- tation of subtitle D of the Act requires re- under which an individual may submit a ployed a DOE contractor employee and rel- form, refinement, and clarification. claim for benefits under this subtitle due to evant to the panel’s deliberations. (7) Certain renal diseases related to ura- occupational illness from exposure to toxic ‘‘(B) At the request of a panel, the Sec- nium exposure and cancers related to em- substances. retary of Energy and a DOE contractor who ployment by beryllium vendors should be ‘‘(2) NOTICE TO CLAIMANT.—Not later than employed a DOE contractor employee shall added to coverage under subtitle B. 10 days after the receipt of a claim under provide additional information relevant to

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9988 CONGRESSIONAL RECORD — SENATE October 4, 2002 the panel’s deliberations. A panel may con- ‘‘(A) the Secretary of Energy shall within ‘‘(5) the number of determinations accept- sult specialists in relevant fields as it deter- 10 days forward the claim to the Secretary of ed, reversed, and denied by the Secretary; mines necessary. Labor for payment under section 3663, to- ‘‘(6) the number of claims denied under ‘‘(C) In any case in which the panel finds gether with information relating to— subsection (b) for failure to submit reason- that additional diagnostic testing or an ex- ‘‘(i) the DOE contractor employee to whom able evidence; posure assessment is necessary to the panel’s the claim relates; ‘‘(7) the number and type of diagnostic deliberations— ‘‘(ii) the illness to which the claim relates; tests and exposure assessments requested by ‘‘(i) the panel shall so notify the Secretary ‘‘(iii) the determination of the panel and a panel, and the number and type of such of Energy and the claimant; the basis for the determination; tests and assessments that were carried out; ‘‘(ii) the claimant may obtain such diag- ‘‘(iv)(I) the acceptance of the Secretary ‘‘(8) the number and type of claims ap- nostic testing or exposure assessment using and the basis for the acceptance; or pealed, and the dispositions of such appeals; a qualified physician chosen by the claimant ‘‘(II) the reversal of the negative deter- and or a qualified occupational health expert (as mination by the panel and the basis for the ‘‘(9) the expenditures made, and staff and applicable) or, if the claimant so desires, reversal; contractors employed, in carrying out the may obtain such diagnostic testing or expo- ‘‘(v) the employment to which the claim Department of Energy’s responsibilities sure assessment using the program carried relates, including available wage or salary under this section. out under section 3162 of the National De- information; and ‘‘(i) APPLICABILITY OF EXISTING REGULA- fense Authorization Act for Fiscal Year 1993 ‘‘(vi) any other matter that the Secretary TIONS.—In implementing the Energy Workers (42 U.S.C. 7274i) to monitor Department of of Labor considers necessary; Compensation Act of 2002 and the amend- Energy workers exposed to hazardous and ra- ‘‘(B) the Secretary of Energy thereafter— ments to this title made by that Act, regula- dioactive substances; and ‘‘(i) shall not contest the claim; tions prescribed by the Secretary of Energy ‘‘(iii) any costs of such diagnostic testing ‘‘(ii) shall not contest an award made re- before the date of the enactment of that Act or exposure assessment shall be paid for from garding the claim; and may, to the extent not inconsistent with this the Fund established under section 3612 and ‘‘(iii) shall direct the DOE contractor who title (as so amended), continue to apply to shall be provided by the Secretary of Energy employed the DOE contractor employee to this title. through a method under which the claimant which the claim relates not to contest the ‘‘SEC. 3663. PAYMENT OF BENEFITS BY DEPART- is not required to advance any amount to- claim or such award in any administrative or MENT OF LABOR. ward payment of such costs. judicial forum, and such obligation in no ‘‘(a) IN GENERAL.— ‘‘(D) The Secretary of Energy is authorized case shall be considered discretionary; and ‘‘(1) PAYMENTS.—Payments shall be made to enter into or modify cooperative agree- ‘‘(C) any costs of contesting a claim or an with respect to a covered DOE contractor ments with providers who are implementing award regarding the claim incurred by the employee in accordance with this section for the program carried out under section 3162 of DOE contractor who employed the DOE con- the disability or death of that employee re- the National Defense Authorization Act for tractor employee who is the subject of the sulting from that employee’s specified ill- Fiscal Year 1993 (42 U.S.C. 7274i) to provide claim shall not be an allowable cost under a ness. assessments of exposures to toxic substances Department of Energy contract. ‘‘(2) MEDICAL BENEFITS.—A covered DOE at Department of Energy facilities to claim- ‘‘(e) ACCESS TO INFORMATION.— contractor employee shall receive medical ants under circumstances covered by sub- ‘‘(1) DUTY TO PROVIDE INFORMATION.—At the benefits under section 3629 for that employ- paragraph (C). request of the Secretary of Energy, a DOE ee’s specified illness. ‘‘(3) DETERMINATION OF CAUSATION.—A contractor who employed a DOE contractor ‘‘(3) PAYMENT FROM FUND.—The compensa- panel shall review a claim submitted to it employee and any other entity possessing in- tion provided under this section shall be paid under this subsection and shall determine, formation related to such employee relevant from the Fund established under section under guidelines established by the Sec- to deliberations under this section shall 3612. retary of Energy, by regulation, whether the make such information available to the Sec- ‘‘(b) DUTY OF SECRETARY OF LABOR.—The illness or death that is the subject of the retary. Secretary of Labor shall have the duty to claim arose out of and in the course of em- ‘‘(2) COPIES TO CLAIMANT.—The Secretary of carry out this section. ployment by the Department of Energy and Energy shall require that a DOE contractor ‘‘(c) NATURE AND AMOUNT OF PAYMENTS.— exposure to a toxic substance at a Depart- who provides any information to the Sec- ‘‘(1) IN GENERAL.—The following provisions ment of Energy facility. For purposes of the retary or a panel under this section shall si- of subchapter I of chapter 81 of title 5, preceding sentence, illness or death shall be multaneously provide such information to United States Code, apply to a covered DOE deemed to arise out of and in the course of the claimant. contractor employee (including the regula- UTREACH.—The Secretary of Energy, employment by the Department of Energy ‘‘(f) O tions prescribed with respect to those provi- in cooperation with the Secretary of Labor, and exposure to a toxic substance at a De- sions, adapted as appropriate), and the Sec- shall carry out a program of outreach and partment of Energy facility if exposure to retary of Labor shall provide, with respect to education about the availability of benefits the toxic substance (or substances, as the that employee and that employee’s specified under this subtitle. The Secretary shall case may be) was a significant factor which illness, payments determined in accordance make available in paper and electronic for- aggravated, contributed to, or caused the ill- with those provisions: Sections 8102(a), 8105, mat forms and information available for po- ness or death. 8106, 8107, 8108, 8109, 8110, 8111(a), 8112, 8114, ‘‘(4) MAJORITY VOTE.—A determination tential claimants. As part of the program of outreach, the Secretary shall conduct notifi- 8115, 8116, 8117, 8133, 8134, and 8146a. under paragraph (3) shall be made by major- ‘‘(2) ORGANS AND PHYSIOLOGICAL SYSTEMS.— ity vote. cation by mail and use the former worker medical screening programs to notify, edu- For purposes of carrying out this subtitle, ‘‘(5) REPORT TO SECRETARY.—Once a panel the Secretary of Labor shall prescribe addi- has made a determination under paragraph cate, and assist claimants. ‘‘(g) ADMINISTRATIVE AND JUDICIAL RE- tional regulations for resolving claims under (3), it shall report to the Secretary of Energy VIEW.—The Secretary of Energy shall estab- this subtitle of partial or total loss of use of its determination and the basis for the deter- lish a process under which a claimant may function of organs or physiological systems mination. obtain prompt and independent administra- that are not already covered by existing reg- ‘‘(d) REVIEW OF PANEL DETERMINATIONS.— tive review of any adverse determination by ulations. Such additional regulations shall ‘‘(1) IN GENERAL.—The Secretary of Energy the Secretary under subsection (b) or (d) or cover the liver, brain, stomach, heart, esoph- shall review a panel’s determination under by a panel under subsection (c). The results agus, bladder, thyroid, pancreas, and nervous subsection (c)(3), information the panel con- of any such administrative review shall be system, and such additional organs and sidered in reaching its determination, any deemed to be a final agency action subject to physiological systems as the Secretary con- relevant new information not reasonably judicial review. siders appropriate. The Secretary shall issue available at the time of the panel’s delibera- ‘‘(h) REPORT TO CONGRESS.—Not later than such regulations not later than 90 days after tions, and the basis for the panel’s deter- February 1 of each year, the Secretary of En- the date of the enactment of the Energy mination. ergy shall submit to Congress a report on the Workers Compensation Act of 2002. ‘‘(2) ACCEPTANCE OF PANEL DETERMINA- implementation and operation of this sec- ‘‘(d) ADMINISTRATIVE AND JUDICIAL RE- TION.—As a result of the review under para- tion. The report shall include, for the pre- VIEW.— graph (1), the Secretary shall accept the pan- ceding calendar year— ‘‘(1) IN GENERAL.—The Secretary of Labor el’s determination in the absence of a pre- ‘‘(1) the number of claims received under shall establish a process under which a ponderance of evidence to the contrary. this subtitle; claimant may obtain administrative review ‘‘(3) ACTION UPON ACCEPTED CLAIMS.—If the ‘‘(2) the size of the backlog in processing of any adverse determination by the Sec- panel has made a positive determination such claims; retary of Labor under this section. Such under subsection (c)(3) and the Secretary ac- ‘‘(3) the number of such claims submitted process shall not apply to any adverse deter- cepts the determination under paragraph (2), to a physicians panel; mination by the Secretary of Energy. or the panel has made a negative determina- ‘‘(4) the number of such claims for which a ‘‘(2) JUDICIAL REVIEW.—The results of any tion under subsection (c)(3) and the Sec- panel made a determination, including the such administrative review shall be deemed retary finds significant evidence to the con- number of determinations that were positive to be a final agency action subject to judi- trary— and the number that were negative; cial review in the United States district

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9989 court for the district in which the claimant information to carry out this section, the determined to have sustained chronic renal resides. names and Social Security account numbers disease in the performance of duty in accord- ‘‘(3) ATTORNEY FEES.—In any proceeding of individuals confined, for conviction of a ance with section 3623(f).’’. pursuant to this subsection, attorney fees felony, in a jail, prison, or other penal insti- (b) EXPOSURE IN THE PERFORMANCE OF shall be available on the same basis as such tution or correctional facility under the ju- DUTY.—Section 3623 of such Act (42 U.S.C. fees are available under section 28 of the risdiction of that agency. 7384n) is amended by adding at the end the Longshore and Harbor Workers’ Compensa- ‘‘SEC. 3670. EXCLUSIVITY OF REMEDY. following new subsection: tion Act (33 U.S.C. 928). ‘‘The liability of the United States or a ‘‘(f) CHRONIC RENAL DISEASE.—(1) An indi- ‘‘SEC. 3664. GENERAL PROVISIONS RELATING TO DOE contractor in its capacity as an em- vidual with chronic renal disease shall, in RESOLUTION OF CLAIMS. ployer of a DOE contractor employee under the absence of substantial evidence to the ‘‘(a) NONADVERSARIAL.—The Secretary of this subtitle with respect to the specified ill- contrary, be determined to have sustained Energy and the Secretary of Labor shall ness or death of a DOE contractor employee chronic renal disease in the performance of each ensure that claims under this subtitle for which compensation is made under this duty for purposes of the compensation pro- are resolved in a nonadversarial manner. subtitle is exclusive and instead of all other gram if the individual— ‘‘(b) NO STATUTE OF LIMITATIONS.—A claim liability of the United States or DOE con- ‘‘(A) was employed in a Department of En- under this subtitle shall not be barred by any tractor in such capacity to the employee, his ergy facility (in the case of a Department of statute of limitations. legal representative, spouse, dependents, Energy employee or a Department of Energy contractor employee) or an atomic weapons ‘‘SEC. 3665. OFFSET FOR CERTAIN PAYMENTS. next of kin, and any other person otherwise ‘‘A claimant awarded benefits under this entitled to recover damages from the United employer facility (in the case of an atomic subtitle as a result of a specified illness or States or DOE contractor in such capacity weapons employee) that conducted uranium death of a DOE contractor employee who re- because of the specified illness or death in a processing, converting, refining, enriching, ceives benefits because of the same illness or direct judicial proceeding, in a civil action, extruding, calcining, machining, or rolling, death from any State workers’ compensation or in admiralty, except for a State workers’ or that operated as a uranium foundry; system shall receive the benefits specified in compensation proceeding or a State inten- ‘‘(B) carried out job functions while so em- this subtitle for such illness or death, re- tional tort liability proceeding. However, ployed that resulted in the potential for ex- duced by the amount of any workers’ com- this section shall not apply to illness or posure, inhalation, or uptake of uranium or pensation benefits that the claimant re- death for which compensation under this uranium compounds for at least 250 days; ceives or will receive on account of such ill- subtitle is not made. and ‘‘(C) submits medical evidence that the in- ness or death under any State workers’ com- ‘‘SEC. 3671. COORDINATION WITH BENEFITS pensation system during the period that UNDER SUBTITLE B. dividual, after commencing the employment awarded benefits are provided under this sub- ‘‘(a) RECEIPT OF SUBTITLE B BENEFITS NO specified in subparagraph (A), contracted title, after deducting the reasonable costs, as BAR TO APPLICATION UNDER THIS SUBTITLE.— chronic renal disease. ‘‘(2) Not later than 60 days after the date of determined by the Secretary of Labor by reg- An individual may apply for benefits under the enactment of the Energy Workers Com- ulation, of obtaining such benefits. this subtitle without regard to whether the individual received a lump sum payment pensation Act of 2002, the Secretary of En- ‘‘SEC. 3666. SUBROGATION OF THE UNITED ergy shall designate a list of Department of STATES NOT APPLICABLE. under subtitle B. ‘‘(b) OFFSET FOR BENEFITS PAID ON SAME Energy facilities and atomic weapons em- ‘‘Notwithstanding any other provision of ployer facilities that were engaged in ura- law, the United States has no right of sub- ILLNESS OF SAME PERSON.—If a lump sum payment is made under subtitle B by reason nium processing, converting, refining, en- rogation against any person by reason of riching, extruding, calcining, machining, or payments or other benefits provided under of a specified illness of a person, any pay- ment (excluding medical costs) made under rolling, or that operated as a uranium found- this subtitle. ry, including the dates such activities were ‘‘SEC. 3667. CERTIFICATION OF TREATMENT OF this subtitle by reason of the same specified illness of the same person shall be offset by performed. The list of facilities shall not in- PAYMENTS UNDER OTHER LAWS. clude facilities for which uranium millers ‘‘Compensation or benefits provided to an the amount of such lump sum payment. In no case shall a claimant obtain double in- and transporters are already covered under individual under this subtitle— the Radiation Exposure Compensation Act ‘‘(1) shall be treated for purposes of the in- demnity wage replacement benefits for speci- fied illness under this subtitle. (42 U.S.C. 2210 note). ternal revenue laws of the United States as ‘‘(3) Not later than 90 days after the date of damages for human suffering; and ‘‘SEC. 3672. ASSIGNMENT OF CLAIM. the enactment of the Energy Workers Com- ‘‘An assignment of a claim for compensa- ‘‘(2) shall not be included as income or re- pensation Act of 2002, the Secretary of tion under this subtitle is void. Compensa- sources for purposes of determining eligi- Labor, in consultation with the Secretary of tion and claims for compensation are exempt bility to receive benefits described in section Health and Human Services, shall establish, from claims of creditors.’’. 3803(c)(2)(C) of title 31, United States Code, by regulation, procedures to be followed and or the amount of such benefits. SEC. 102. GAO REPORT. medical evidence to be submitted by claim- ‘‘SEC. 3668. CERTAIN CLAIMS NOT AFFECTED BY Not later than February 1, 2004, the Comp- ants for chronic renal disease claims.’’. AWARDS OF DAMAGES. troller General shall submit to Congress a (c) OFFSET FOR CERTAIN PAYMENTS.—Sec- ‘‘A payment under this subtitle shall not report on the implementation by the Depart- tion 3641 of such Act (42 U.S.C. 7385) is be considered as any form of compensation ment of Energy of subtitle D of the Energy amended— or reimbursement for a loss for purposes of Employees Occupational Illness Compensa- (1) by striking ‘‘or covered uranium em- imposing liability on any individual receiv- tion Program Act of 2000 (42 U.S.C. 7385o et ployee (as defined in section 3630),’’ and in- ing such payment, on the basis of such re- seq.), as amended by section 101, and of the serting ‘‘covered uranium employee (as de- ceipt, to repay any insurance carrier for in- effectiveness of such subtitle in assisting fined in section 3630), covered employee with surance payments; and a payment under this DOE contractor employees in obtaining com- chronic renal disease,’’; and subtitle shall not affect any claim against an pensation for exposure to a toxic substance (2) by striking ‘‘or radiation,’’ and insert- insurance carrier with respect to insurance. at a Department of Energy facility. ing ‘‘radiation, uranium,’’. ‘‘SEC. 3669. FORFEITURE OF BENEFITS BY CON- TITLE II—AMENDMENTS RELATING TO (d) CONFORMING AMENDMENTS.—The fol- VICTED FELONS. SUBTITLE B OF PROGRAM lowing provisions of such Act are amended ‘‘(a) FORFEITURE OF COMPENSATION.—Any SEC. 201. COVERAGE FOR CHRONIC RENAL DIS- by inserting ‘‘chronic renal disease,’’ after individual convicted of a violation of section EASE. ‘‘chronic silicosis,’’ each place such term ap- 1920 of title 18, United States Code, or any (a) DEFINITIONS FOR PROGRAM ADMINISTRA- pears: other Federal or State criminal statute re- TION.—Section 3621 of the Energy Employees (1) Subsections (a)(1) and (b)(2)(A) of sec- lating to fraud in the application for or re- Occupational Illness Compensation Program tion 3631 (42 U.S.C. 7384v). ceipt of any benefit under this title or under Act of 2000 (42 U.S.C. 7384l) is amended— (2) Section 3644(a) (42 U.S.C. 7385c(a))— any other Federal or State workers’ com- (1) in paragraph (1), by adding at the end (A) in the matter preceding paragraph (1); pensation law, shall forfeit (as of the date of the following new subparagraph: (B) in paragraph (2)(C); and such conviction) any entitlement to any ‘‘(D) A covered employee with chronic (C) in the matter following paragraph compensation or benefit under this subtitle renal disease.’’; (2)(C). such individual would otherwise be awarded (2) in paragraph (15), by striking ‘‘or chron- SEC. 202. COVERAGE FOR MERCURY POISONING. for any injury, illness, or death covered by ic silicosis’’ and inserting ‘‘chronic silicosis, (a) DEFINITIONS FOR PROGRAM ADMINISTRA- this subtitle for which the time of injury was chronic renal disease,’’; and TION.—Section 3621 of the Energy Employees on or before the date of the conviction. (3) by adding at the end the following new Occupational Illness Compensation Program ‘‘(b) INFORMATION.—Notwithstanding sec- paragraphs: Act of 2000 (42 U.S.C. 7384l), as amended by tion 552a of title 5, United States Code, or ‘‘(19) The term ‘chronic renal disease’ in- section 201(a) of this Act, is further amend- any other Federal or State law, an agency of cludes nephritis and kidney tubal tissue in- ed— the United States, a State, or a political sub- jury and related illnesses of the (1) in paragraph (1), by adding at the end division of a State shall make available to urogenitoury tract. the following new subparagraph: the President, upon written request from the ‘‘(20) The term ‘covered employee with ‘‘(E) A covered employee with mercury poi- President and if the President requires the chronic renal disease’ means an individual soning.’’;

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9990 CONGRESSIONAL RECORD — SENATE October 4, 2002 (2) in paragraph (15), by inserting ‘‘or mer- (1) by redesignating subparagraph (C) as 90 days after the date of the enactment of cury poisoning’’ after ‘‘chronic renal dis- subparagraph (D) and, in that subparagraph, this Act, the Institute shall submit the re- ease,’’; and by striking ‘‘or (B)’’ and inserting ‘‘(B), or port to Congress, the Secretary of Labor, and (3) by adding at the end the following new (C)’’; and the Advisory Board on Radiation and Worker paragraph: (2) by inserting after subparagraph (B) the Health, and shall publish the report in the ‘‘(21) The term ‘covered employee with following new subparagraph: Federal Register, for public review and com- mercury poisoning’ means an individual de- ‘‘(C) Lung cancer, if such cancer occurs ment. termined to have sustained mercury poi- within 5 years after the date on which the (b) FINAL REPORT.—Not later than 180 days soning in the performance of duty in accord- employee is determined to have been first after the date of the enactment of this Act, ance with section 3627A.’’. exposed to beryllium in the performance of the Institute shall submit to Congress, the (b) PARTICIPATION IN COMPENSATION PRO- duty in accordance with section 3623(a).’’. Secretary of Labor, the Secretary of Health GRAM.—Subtitle B of that Act (42 U.S.C. 7384l SEC. 204. CLARIFICATION OF SPECIAL EXPOSURE and Human Services, and the Advisory Board et seq.) is further amended by inserting after COHORT EXPANSION PROCEDURE. on Radiation and Worker Health a final re- section 3627 the following new section: (a) AUTOMATIC DESIGNATION BY LAPSE OF port, taking into account comments received ‘‘SEC. 3627A. MERCURY POISONING. TIME.—Section 3626 of the Energy Employees in response to the report under subsection ‘‘(a) IN GENERAL.—A Department of Energy Occupational Illness Compensation Program (a), that identifies each type of cancer that employee or Department of Energy con- Act of 2000 (42 U.S.C. 7384q) is amended— is appropriate to be deemed an additional tractor employee who was exposed to mer- (1) by redesignating subsection (c) as sub- specified cancer for purposes of the Energy cury in the performance of duty and who ex- section (d); and Employees Occupational Illness Compensa- periences mercury poisoning shall be treated (2) by inserting after subsection (b) the fol- tion Program Act of 2000. as a covered employee for purposes of the lowing new subsection: SEC. 207. COVERAGE FOR INDIVIDUALS EM- compensation program. ‘‘(c) AUTOMATIC DESIGNATION BY LAPSE OF PLOYED BY ATOMIC WEAPONS EM- ‘‘(b) EXPOSURE TO MERCURY IN PERFORM- TIME.—Notwithstanding subsection (b), if a PLOYERS OR BERYLLIUM EMPLOY- ANCE OF DUTY.—A Department of Energy em- class of employees described in subsection EES DURING PERIOD OF RESIDUAL CONTAMINATION. ployee or Department of Energy contractor (a)(1) petitions to be treated as members of Paragraphs (3) and (7)(C) of section 3621 of employee shall, in the absence of substantial the Special Exposure Cohort under sub- the Energy Employees Occupational Illness evidence to the contrary, be treated as hav- section (a)(3), the members of that class Compensation Program Act of 2000 (42 U.S.C. ing been exposed to mercury in the perform- shall, as of the expiration of the 180-day pe- 7384l) are each amended by inserting before ance of duty for purposes of subsection (a) if riod beginning with the date on which the the period at the end the following: ‘‘, or dur- while employed in activities associated with petition was received, be deemed to be mem- ing a period when, as specified by the Na- the design, production, or testing of atomic bers of the Special Exposure Cohort for pur- tional Institute for Occupational Safety and weapons, or clean-up related thereto, such poses of the compensation program, unless Health in the reports required by section employee was present in a Department of before the expiration of that period the peti- 3151(b)(2)(A)(ii) of the National Defense Au- Energy facility that— tion is denied.’’. thorization Act for Fiscal Year 2002 (42 ‘‘(1) contained more than 100 kilograms of (b) INDIVIDUAL PRESUMPTION BY LAPSE OF U.S.C. 7384 note) or any subsequent report, mercury; and TIME.—Section 3623 of that Act (42 U.S.C. significant contamination remained in a fa- ‘‘(2) did not confine mercury operations to 7384n) is amended by adding at the end of cility of the employer after such facility dis- work spaces with dedicated ventilation sys- subsection (d) the following new paragraph: continued activities relating to the produc- tems for the removal of airborne toxic sub- ‘‘(3) An estimate referred to in paragraph tion of nuclear weapons and such contamina- stances. (1) shall be completed by the Secretary of tion could have caused or substantially con- ‘‘(c) MERCURY POISONING.—A Department Health and Human Services within 150 days tributed to the cancer of a covered employee of Energy employee or Department of En- after the date on which the Department of with cancer or a covered beryllium illness, as ergy contractor employee shall be treated as Labor submits to the Secretary of Health the case may be’’. experiencing mercury poisoning for purposes and Human Services the claim for which the of subsection (a) if such employee manifests estimate is required. If such estimate cannot SEC. 208. COORDINATION OF COMPENSATION a physical, psychological, or neurological ill- AND BENEFITS FOR CANCER WITH be completed before the expiration of such COMPENSATION AND BENEFITS ness consistent with mercury poisoning. period, it shall be deemed, for purposes of ‘‘(d) DETERMINATIONS OF MERCURY POI- UNDER OTHER RADIATION COM- section 3626(b)(1), that it is not feasible to es- PENSATION LAWS. SONING.—The Secretary of Labor shall utilize timate with sufficient accuracy the radi- evaluations, tests, or other medical informa- (a) COORDINATION.—Section 3651 of the En- ation dose received by the individual to tion obtained pursuant to section 3162 of the ergy Employees Occupational Illness Com- which the claim relates.’’. National Defense Authorization Act for Fis- pensation Program Act of 2000 (42 U.S.C. cal Year 1993 (42 U.S.C. 7274i), and may uti- SEC. 205. CORRECTING PROBLEMS IN THE 7385j) is amended to read as follows: lize any other evaluations, tests, informa- RADIOEPIDEMIOLOGIC MODEL FOR ‘‘SEC. 3651. COORDINATION WITH OTHER RADI- DETERMINING COMPENSATION. tion, or other means that the Secretary con- ATION COMPENSATION LAWS. Section 3623(c)(3) of the Energy Employees siders appropriate, to determine whether a ‘‘(a) IN GENERAL.—Except in accordance Occupational Illness Compensation Program Department of Energy employee or Depart- with section 3630 and except as provided in Act of 2000 (42 U.S.C. 7384n(c)(3)) is amend- ment of Energy contractor employee mani- subsection (b), an individual may not receive ed— fests a physical, psychological, or neuro- compensation or benefits under the com- (1) in subparagraph (B), by striking ‘‘and’’ logical illness consistent with mercury poi- pensation program for cancer and also re- at the end; soning for purposes of subsection (a).’’. ceive compensation under either of the fol- (2) in subparagraph (C)— (c) OFFSET FOR CERTAIN PAYMENTS.—Sec- lowing: tion 3641 of such Act (42 U.S.C. 7385), as (A) by striking ‘‘past health-related activi- ‘‘(1) The Radiation Exposure Compensation amended by section 201(c) of this Act, is fur- ties (such as smoking),’’; and Act (42 U.S.C. 2210 note). ther amended— (B) by striking the period at the end and ‘‘(2) Section 112(c) of title 38, United States (1) by inserting ‘‘or covered employee with inserting ‘‘; and’’; and Code. mercury poisoning’’ after ‘‘covered employee (3) by adding at the end the following new ‘‘(b) OFFSET.—A payment of compensation with chronic renal disease,’’; and subparagraph: may be made to an individual, or the sur- (2) by inserting ‘‘or mercury’’ after ‘‘ura- ‘‘(D) provide the benefit of the doubt to the vivor of an individual, under subtitle B for nium,’’. claimant wherever there is reasonable sci- cancer for which payment has been made (d) CONFORMING AMENDMENTS.—The fol- entific evidence to justify compensation, in- under the Radiation Exposure Compensation lowing provisions of such Act, as amended by cluding such factors as dose rate effective- Act, but the amount of such payment shall section 201(d) of this Act, are further amend- ness of low dose radiation, bias due to selec- be offset by the amount of any payment ed by inserting ‘‘mercury poisoning,’’ after tion effects, and increasing risks from radi- made pursuant to section 4(a)(1)(A)(i)(III) or ‘‘chronic renal disease,’’ each place such ation with increasing age at exposure.’’. 4(a)(2)(C) of that Act on account of such can- term appears: SEC. 206. ADDITIONAL SPECIFIED CANCERS. cer.’’. (1) Subsections (a)(1) and (b)(2)(A) of sec- (a) REPORT.—The National Institute for (b) EFFECTIVE DATE.—The amendment tion 3631 (42 U.S.C. 7384v). Occupational Safety and Health shall pre- made by subsection (a) shall take effect on (2) Section 3644(a) (42 U.S.C. 7385c(a))— pare a report that identifies each type of the date of the enactment of this Act. (A) in the matter preceding paragraph (1); cancer (other than specified cancers, as al- SEC. 209. TECHNICAL CORRECTIONS. (B) in paragraph (2)(C); and ready defined in section 3621(17) of the En- (a) FINDINGS.—Section 3602(a)(6) of the En- (C) in the matter following paragraph ergy Employees Occupational Illness Com- ergy Employees Occupational Illness Com- (2)(C). pensation Program Act of 2000 (42 U.S.C. pensation Program Act of 2000 (42 U.S.C. SEC. 203. COVERAGE FOR LUNG CANCER IN COV- 7384l(17))) that the Institute has determined 7384(a)(6)) is amended by striking the second ERED BERYLLIUM EMPLOYEES. from epidemiology studies of workers or sentence and inserting the following: ‘‘Fur- Section 3621(8) of the Energy Employees atomic bomb survivors to be radiosensitive thermore, studies indicate that 98 percent of Occupational Illness Compensation Program and, for each cancer so identified, provides a radiation-induced cancers within the Depart- Act of 2000 (42 U.S.C. 7384l(8)) is amended— basis for that determination. Not later than ment of Energy nuclear weapons complex

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occur at dose levels below the existing shall be appointed by the Secretary of Labor, ‘‘(f) COOPERATION WITH FEDERAL AGEN- thresholds for establishing proof of causa- after consultation with claimants or claim- CIES.—Federal agencies and the officials re- tion. Those studies further indicate that ant advocates, worker compensation experts, sponsible for the implementation of this workers at Department of Energy sites were and members of the advisory committees to title shall assist the Ombudsman in carrying exposed to levels of silica, heavy metals, and Federal agencies implementing this title, out this section and shall promptly make toxic substances that will lead, contribute from among individuals with at least one of available to the Ombudsman all information to, or aggravate illnesses or diseases.’’. the following qualifications: requested by the Ombudsman. The Ombuds- (b) PAYMENTS IN THE CASE OF DECEASED ‘‘(A) Experience or training as an advocate. man shall cooperate with such agencies and PERSONS.—Section 3628(e)(3)(A) (42 U.S.C. ‘‘(B) Training as a health care provider officials. 7384s(e)(3)(A)) of such Act is amended by in- with knowledge of occupational illness and ‘‘(g) COORDINATION.—The Ombudsman shall serting before the semicolon the following: ‘‘, disease. coordinate the activities of the Office with or a wife or husband of that individual who ‘‘(C) Experience in assisting claimants the activities of the Secretaries of Energy, was married to that individual immediately with worker compensation claims. Health and Human Services, and Labor in before the death of that individual and filed, ‘‘(2) REMOVAL.—The Secretary of Labor carrying out this title. Such coordination on or before December 28, 2001, a claim in may remove the Ombudsman for just cause shall be carried out pursuant to memoranda that capacity under this subtitle’’. and shall, in such a case, communicate to of agreement entered into among and be- Congress the circumstances forming the TITLE III—ADMINISTRATIVE ASSISTANCE tween the Ombudsman and such Secretaries. basis of such just cause. FOR CLAIMANTS UNDER EITHER SUB- ‘‘(h) ANNUAL REPORT.—Not later than Jan- ‘‘(c) DUTIES.—The duties of the Ombuds- TITLE OF ACT uary 1 of each year, the Ombudsman shall man are as follows: submit a report on this title to the Presi- SEC. 301. PROVIDING ADMINISTRATIVE RELIEF ‘‘(1) To direct the operations of the Office. dent, Congress, and the Secretaries of En- IN CASES WHERE MEDICAL ‘‘(2) To report to the Secretary of Labor RECORDS ARE NOT AVAILABLE. ergy, Health and Human Services, and with respect to the activities of the Office. Labor. No official outside the Office may re- Subtitle C of the Energy Employees Occu- ‘‘(3) To assist claimants under this title pational Illness Compensation Program Act quire such outside official’s approval before with claims filed with the Department of submitting the report. The report shall con- of 2000 (42 U.S.C. 7385 et seq.) is amended by Labor or the Department of Energy. adding at the end the following new section: tain the following: ‘‘(4) To receive and investigate complaints ‘‘(1) The number and types of complaints, ‘‘SEC. 3652. PROOF WHEN MEDICAL RECORDS or inquiries regarding the status of a claim grievances, and requests for assistance re- NOT AVAILABLE. under this title. ceived by the Ombudsman in the previous ‘‘For any claim under any subtitle of this ‘‘(5) To provide claimants under this title year. title, if the Department of Energy, a con- with contacts at agencies with responsibil- ‘‘(2) Identification of the most common dif- tractor of the Department of Energy (includ- ities under this title. ficulties encountered by claimants under ing a DOE contractor, as defined in section ‘‘(6) To offer informal advice on options this title. 3661), an atomic energy weapons employer, available to claimants under this title. ‘‘(3) Recommended changes to the adminis- or a beryllium vendor is unable to locate ‘‘(7) To identify whether claimants under trative practices of the Federal agencies medical records necessary for the processing this title are encountering systematic dif- with responsibility under this title. of that claim that it possessed or was re- ficulties or delays with respect to claims ‘‘(4) Recommended legislative changes that quired to possess within 120 days after re- under this title, and to make recommenda- may be appropriate to mitigate problems ceiving a written request from the claimant tions for improvement, with respect to such with the implementation of this title. to locate such records, an affidavit of the claims, in speed, equity, fairness, or compli- ‘‘(i) PUBLICATION.—The Secretaries of En- employee as to the contents of those records, ance with statutes and regulations. ergy, Health and Human Services, and Labor together with any medical records possessed ‘‘(8) With respect to individuals filing com- shall publicize the availability of the serv- by the claimant or otherwise made available, plaints or requests for information under ices of the Office. shall be considered in determining the med- this title— ‘‘(j) SEPARATE LINE ITEM.—The budget of ical evidence relating to the claim.’’. ‘‘(A) to respond within 30 days after receiv- the President under section 1105(a) of title SEC. 302. RESOURCE CENTERS AND OUTREACH ing such a complaint or request; 31, United States Code, shall include funding PROGRAMS. ‘‘(B) to maintain reasonable communica- for the Office as a separate line item. tion with the individual until the matter is Subtitle C of such Act is further amended ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— by adding after section 3652 (as added by sec- resolved; and There are authorized to be appropriated to tion 301) the following new section: ‘‘(C) to maintain, as confidential and privi- carry out this section $800,000 for each of fis- ‘‘SEC. 3653. RESOURCE CENTERS AND OUTREACH leged, the identity of the individual, unless cal years 2003 through 2007.’’. such confidentiality or privilege is otherwise PROGRAMS. (b) INITIAL APPOINTMENT.—Not later than ‘‘(a) REQUIREMENT.—The Secretary of waived. 60 days after the date of the enactment of Labor and the Secretary of Energy shall ‘‘(9) To maintain and publish a telephone this Act, the Secretary of Labor shall ap- maintain resource centers and outreach pro- number, facsimile number, electronic mail point the Ombudsman required by section grams relating to the availability of benefits address, and post office address for the Of- 3654 of the Energy Employees Occupational under any subtitle of this title. Such centers fice. Illness Compensation Program Act of 2000 (as ‘‘(d) LIMITATION.—The Ombudsman may shall be staffed and maintained proportional added by subsection (a)). not reverse or make decisions regarding any to the demand for assistance and follow-up. (c) MEMORANDA OF AGREEMENT.—Not later ‘‘(b) UNDERSERVED AREAS.—The resource claim under this title. ‘‘(e) AUTHORITY.—The Ombudsman is au- than 90 days after the date of the enactment centers required by subsection (a) shall in- thorized to carry out the following activi- of this Act, the Ombudsman shall enter into clude one or more resource centers in each ties: the memoranda of agreement required by underserved area near a Department of En- ‘‘(1) Investigate questions regarding a such section 3654 (as added by subsection ergy facility. claim under this title, or procedures or sys- (a)). ‘‘(c) DURATION.—(1) Except as provided in tems for processing such claims, with the of- paragraph (2), such centers and programs fices of the Department of Energy, Depart- MEETING ON THE ENERGY EMPLOYEES OCCUPA- shall be maintained through September 30, ment of Labor, and Department of Health TIONAL ILLNESS COMPENSATION PROGRAM, 2004. and Human Services (including the National MAY 11, 2002, 3:00 P.M., ESPANOLA, NEW ‘‘(2) In the case of a resource center in an Institute for Occupational Safety and MEXICO underserved area referred to in subsection Health), and any contractor of any such de- You know, these people are all good people. (b), such center shall be maintained until de- partment, that has responsibility under this And after 9/11, when there’s been so much mand is exhausted.’’. title. talk about patriotism and doing the right SEC. 303. OFFICE OF THE OMBUDSMAN. ‘‘(2) Contract for expert advice with re- thing by people who helped their country, on (a) IN GENERAL.—Subtitle C of such Act is spect to the Ombudsman’s responsibilities behalf of Levi and others similarly situated, further amended by adding after section 3653 under this title. I would just ask the Congress and the Ad- (as added by section 302) the following new ‘‘(3) Access any material relating to a mat- ministration to remember those words and section: ter under investigation under paragraph (1). not let them be hollow, empty phrases. ‘‘SEC. 3654. OFFICE OF THE OMBUDSMAN. ‘‘(4) Request explanations from any Fed- Thank you very much. (Applause.) ‘‘(a) ESTABLISHMENT.—There is established eral agency with responsibilities under this Mr. SMITH: My name is Alex Smith. I’m a within the Office of the Secretary of Labor title about the activities of that agency 33-year employee with the Lab. I testified be- an office, to be known as the Office of the under this title. fore Tom and Senator Bingaman and David Ombudsman for Occupational Illness Com- ‘‘(5) Enter and inspect places in order to Michaels the last time. I went to work for pensation (in this section referred to as the carry out an investigation under paragraph the Lab in 1947 in the chemical warehouse. ‘Office’), to assist claimants under this title. (1). Tom and Bingaman already know and I’ve ‘‘(b) OMBUDSMAN.— ‘‘(6) Refer any matter within the responsi- been doing this for your benefit. ‘‘(1) APPOINTMENT.—The head of the Office bility of the Ombudsman to an appropriate I went to work for the chemical warehouse shall be the Ombudsman. The Ombudsman inspector general. there at the Lab in the old TA 1. My duties

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9992 CONGRESSIONAL RECORD — SENATE October 4, 2002 were clerk and to issue laboratory chemicals man, asking him—I sent them a copy of harm’s way without their knowledge. and laboratory glassware, and when we had those six letters. I didn’t give them a copy of Many of these workers subsequently time, I’d run a mercury, still, me and an- this, but I did take it to Mr. Udall’s office, became ill due to their work with ra- other fellow named Lewis Devetima. everything I had, when you were in Federal dioactive and toxic substances at the In 1948, early in 1948, I started having trou- Place over there, and I gave it to Raul and ble. My face would swell up, and my gums he made copies of it. He said he would for- sites. were bleeding. And I would go down to Q ward it on to you, your office. In 2000, Congress passed legislation, Building to see Dr. Whipple, and he would And this is my letter to Senator Bingaman the Energy Employees Occupational send me home. He said, ‘‘You’re allergic to asking that you amend that Act to include Illness Compensation Program Act, something,’’ and that was it. mercury. I don’t know what happened there. EEOICPA, to establish compensation And when my face went back down, I’d I got a letter from Mr. Udall there, and he programs for Department of Energy come back to work and it would happen all asked that I get documentation. So I’ve got workers who became sick as a result of over again. About the fourth time, I got to it. Don’t you think I have it? And you asked their work. The bill addressed com- see Dr. Harriet Harding, who was a consult- for names and addresses of people that are ant there, and she interviewed me. Luckily, working. I can give you names, Mr. Udall, pensation for illnesses caused by the I got to see her. And she asked me where I but they all got one address: Cemetery. workers’ exposure to radiation, beryl- worked, and I told her. She asked me what There’s no—me and Mr. Butler are the only lium, and numerous toxic substances. my duties were, and I told her that I run a ones alive that I know that knew about that EEOICPA created two separate pro- mercury still when I didn’t issue chemicals. mercury still, and why I’m still around, I grams: Subtitle B of the law provided a She said, ‘‘You’re operating what?’’ don’t know. program administered by the Depart- I said, ‘‘I operate a mercury still.’’ After that, Mr. Silver came up with a cou- She said, ‘‘Take me up there and show it to ment of Labor that would give a lump ple more publications by Dr. Harriet Potter sum $150,000 payment to workers ex- me.’’ on mercury poisoning. Anybody that knows So I did. She shut it down. And so we were anything about mercury should read it. She posed to radiation and beryllium; and, full, me and Lewis Devetima were full of even enlightened me. I guess she really dug subtitle D of the law provided a pro- mercury. We used to heat it, and it had a in to her research. And in this—the other one gram administered by the Department still, like it was made out of glassware. It is Challenging Manmade Decisions by Har- of Energy that relied on State worker would go through this, heat it, and form a riet Potter. I’ll read you just one paragraph compensation programs to make com- gas, go through that, come out condensed on here. pensation payments to workers ex- that end, pure mercury. And we would On page 54 it tells about the year 1948 in breathe in vapors, and it was in a small 10 x posed to toxic substances. Subtitle D is Los Alamos, nonradioactive acting hazard what the EWCA legislation addresses. 10. The old warehouse there in TA 1 was a material in use in Los Alamos. ‘‘An example shed. It was formerly the stable for the will make this clear. Very soon after I began Currently, under subtitle D the De- school that was there before the Lab took active duty, a worker came to the nurse in partment of Energy uses a physician’s over, and they converted it into a chemical H–2 complaining with bleeding gums and panel to review workers’ claims and de- shop. skin rash.’’ That’s me. ‘‘In taking his job his- termine whether a worker’s illness is Anyway, when I retired in 1982—prior to tory, I found he and three other men were related to work at a Department of En- 1982, I suffered from depression, bleeding engaged in cleaning dirty mercury, an ele- ergy site. Upon a positive finding, the gums, and so I went to the doctor there at ment widely used. the Lab. I was in very bad shape, and she panel relies upon individual State ‘‘Next, I visited the job site. And even worker compensation programs to sent me to a sanitarium in Albuquerque, and though I had no engineering skill, I knew I spent some time there, about two or three from my Massachusetts Department of Occu- make payments for wage loss and med- weeks. I then was on an outpatient to Dr. pational Hygiene experience that the mer- ical benefits. The Department of En- Kenneth Poole there in Albuquerque for cury hazard was great in this dirty, shed-like ergy, however, has admitted that near- about three years. building.’’ ly half of the claimants will not be able And then I came back and was under the I could go on, but I haven’t got time, but to pinpoint a responsible payor who tutelage of Dr. William Oakes who worked you get the drift. And I don’t know where to will be able to honor the Department of for the H Division, and then he retired. And go from here. I know mercury is not covered I saw Dr. Charles Shafer, and then he retired. Energy Physician Panel finding be- in the Act. Like I say, I’m asking you to cause many contractors no longer are And then I saw Dr. Ralph Greer. And any- amend it to include mercury. Thank you way, when I retired, I noticed that there was very much for listening to me. I’m probably associated with DoE. no record of this sickness on my medical out of time. (Applause.) Congress intended a uniform and eq- records. Mr. LEYBA: The next person will be Phil uitable Federal compensation program And I asked Dr. Greer why. And he said Schofield. for these employees who worked to they searched and they searched and they Mr. SCHOFIELD: Thank you for coming, serve our country. The Government searched and they even went back into the Beverly Cook and Congressman Udall, Sen- microfilms, and they could find no evidence should not sit idly by and let this prob- ator Bingaman, Mr. Turcic, Mr. Elliot. I’ll lem fester knowing that so many of anything to do with a mercury still or try to keep my time short here. anything. So I retired thinking that. I worked for Los Alamos National Lab for claimants will not receive any com- When I testified before Mr. Bingaman and 2 years. I suffer from several severe health pensation. Mr. Udall and Mr. Michaels, I didn’t have problems, multiple chemical sensitivities, Introduction of the Energy Workers any evidence. It was my story against theirs. HO cervical syndrome, respiratory problems, Compensation Act of 2002 will fulfill And I have met a fellow named Ken Silver. severe dermatology problems, swelling of my the original legislative objectives of He found these letters from Dr. Harding tell- extremities. I have short-term memory and ing the whole story in six letters, and the Congress to assure compensation to all concentration deficits, and plus I lost almost of our country’s energy workers who DOE database of historical documents, it half my hearing. tells the whole story about me and were made ill due to their work with Mainly what I would like to address is toxic substances. The legislation would Devetima’s sickness, about the mercury some problems with the reconstruction of still, their shutting it down. people’s dosages. I can give you two quick correct subtitle D by making the De- These are all H Division letters to our divi- examples where personnel worked in the partment of Labor responsible for pay- sion leader, Van Gammer, Assistant Prop- same room. One was a—it depended on your ing those sick workers who are deter- erty Division leader. Yet they couldn’t find job. You * * * mined eligible to receive compensa- them. There was no evidence. They’re here, tion. right here. Everything I have reverts back to Mr. BUNNING. Mr. President, I rise those six letters. In one of them, she refers We are only now beginning to realize to a fellow name Carl Butler. I happen to today as a cosponsor of the Energy the dangers that the energy workers know Carl Butler, so I wrote him a letter Workers Compensation Act of 2002, faced. These workers thought they telling him what was happening. He wrote EWCA. were serving our country and were un- me back a five-page handwritten letter con- During the Cold War, workers em- aware of the risks they took to win the firming everything that I said when I testi- ployed at the Department of Energy Cold War. We must do all we can to fied, everything, even to closing down and sites across the country served our protect the energy workers to make admitted that nobody in 1947 and 1948 in H country by helping to make nuclear sure they receive just compensation for Division knew anything about mercury until weapons. But, for over 50 years of man- an industrial engineer named Harold the illnesses and disabilities they in- Sheeton—Harry Sheeton—came on board, ufacturing these weapons, we now curred from their jobs at the Depart- and this was months later. know that the Department of Energy ment of Energy nuclear weapons sites. And after I got that letter from Butler, I consistently sacrificed health and safe- wrote a letter to Mr. Udall and Mr. Binga- ty of the workers and placed them in By Mr. BAUCUS:

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9993 S. 3059. A bill to provide for the dis- of Interior has no objection to the Many of those who participate in tribution of judgment funds to the As- Tribe’s plan and can approve it. How- these studies are the most vulnerable siniboine and Sioux Tribes of the Fort ever, although the plan was developed members of our society and are the Peck Reservation; to the Committee on and public hearing held during 2001, the most in need of our protection. We are Indian Affairs. Interior Department did not complete now benefiting from drugs that have Mr. BAUCUS. Mr. President, I rise its review of the plan, nor submit the been developed and tested outside the today to introduce a bill to provide for approved plan to Congress within the United States. Our country is based on the use and distribution of judgment one-year deadline imposed by the Trib- the premise that all people are created funds awarded to the Assiniboine and al Judgment Funds Use or Distribution equal. Basic protections that are good Sioux Tribes of the Fort Peck Reserva- Act. As a result, in order for the Fort enough for research subjects in the tion in northeast Montana. Peck Tribe to make use of the judg- United States should be good enough In 1987, the Assiniboine and Sioux ment awarded to the Tribe, it is nec- for research subjects in other nations Tribes of the Fort Peck Reservation essary for Congress to formally adopt who volunteer for tests that will ben- brought suit against the United States legislation approving the Tribe’s plan. efit all of us. to recover interest earned on their The proposed bill language, would We also must face the fact that med- trust funds while those funds were in serve this purpose. ical research is constantly changing. Special Deposit and IMPL-Agency ac- This judgment is based on money Protections that were put in place 20 counts. The case was filed in the that rightfully belongs to the Fort years ago no longer cover all human re- United States Claims court, and dock- Peck tribes and should be moved expe- search projects. New studies in areas eted as No. 773–87–L. ditiously through Congress. I look for- such as gene therapy have raised safety After the Court ruled that the United ward to working with the Committee and ethical concerns requiring special States was liable to the Fort Peck on Indian Affairs to move this legisla- scrutiny. Tribes and individual Indians for inter- tion forward. Institutional Review Boards, which est on those funds, the Tribes and the review the safety and ethical accept- United States reached an agreement By Mr. KENNEDY: ability of research involving human S. 3060. A bill to amend the Public for settling claims in the case, for the subjects, are overworked and under- Health Service Act to provide protec- sum of $4,522,551.84. The court approved funded. Loopholes in the system allow tions for human participants in re- the settlement agreement. researchers who have had proposals re- search; to the Committee on Health, The settlement agreement further jected by one Board to reapply to a sec- Education, Labor, and Pensions. provided that the judgment be divided ond Board in the hope of obtaining a Mr. KENNEDY. Mr. President, today more lenient review—all without noti- between the Fort Peck Tribes and I am introducing legislation to achieve those individual Indians who are found fying the second Board of the decision reforms in our system of oversight for of the first. We do little to train re- to be eligible to share in the judgment. protecting the safety of human sub- On January 31, 2001, the court approved searchers about methods for protecting jects in research. As the Institute of human subjects. Many researchers with a stipulation between the parties that Medicine report released today again defined the procedures by which the the best intentions are not knowledge- demonstrates, reforms are long over- able of the latest changes to regula- Fort Peck Tribes’ and individual Indi- due. The moment has come to take ac- ans’ respective shares in the judgment tions. tion to restore the trust and confidence These shortcomings cry out for a re- would be determined and distributed to of those who serve as subjects in clin- sponse, especially at this moment in them. ical trials and other forms of research. history that holds so much promise for Pursuant to the Court-approved stip- We passed the National Research Act future medical research. The legisla- ulation in the case, on February 14, over twenty years ago as an important tion I am introducing addresses these 2001, a portion of the Tribe’s share of step toward protecting against inhu- issues by expanding research subject the judgment was deposited into an ac- man research experiments and condi- protections and strengthening the re- count in Treasury for the use of the tions. We have developed guidelines to view and oversight mechanisms to en- Fort Peck Tribes. As provided by the ensure that people participating in sure that all human subjects are prop- Court-approved stipulation, those medical research have clearly agreed erly protected. funds are to be available for immediate to be a part of the study and will be The legislation will, for the first use by the Tribe pursuant to a plan treated humanely during the study. time, ensure that all participants in adopted under the Indian Tribal Judg- These protections benefit the people such research are protected by a com- ment Funds Use or Distribution Act, 25 participating as subjects in medical re- prehensive and strong set of safe- U.S.C. 1401 et seq. The Court-approved search, but they also help those con- guards. The legislation provides clear stipulation further recognized that the ducting the research. If patients fear statutory authorization for these pro- Tribe will most likely receive addi- that they will not be protected or that tections and establishes a central of- tional payments from this settlement the researchers do not have their best fice to review and amend current rules once the work identifying all individ- interests in mind, patients will not vol- for the protections. uals eligible to share in the judgment unteer to take part in these needed The legislation will improve Institu- is completed and the pro rata shares tests. tional Review Boards by strengthening are finally computed. Those funds, too, As we all know, a revolution is tak- firewalls against conflicts of interest are to be available for use by the Tribe ing place in medicine today. Scientists and enhancing training for Board mem- in accord with a plan adopted under have mapped the human genome. They bers. The bill will provide the Boards the Tribal Judgment Funds Use or Dis- have made incredible breakthroughs in with the funding they need to be effec- tribution Act. treatments for cancer and AIDS. It is tive, by allowing human subject pro- As required by the stipulation and not unreasonable to expect that we will tection costs to be charged as direct the Tribal Judgment Funds Use or Dis- see cancer cured, a quadriplegic stand costs on federal grants. The bill will tribution Act, the Tribe developed a up and walk, new drugs that prevent end ‘‘IRB shopping’’, the practice in plan for the use of the Tribe’s share of Alzheimer’s and AIDS, and other ad- which a proposal rejected by one Board the settlement. Under the plan, the vances we cannot even begin to imag- for ethical reasons is submitted to a Tribe’s share of the judgment will be ine. But for all these advances to take second Board in the hope of obtaining a used for tribal health, education, hous- place, new treatments will first have to more lenient review. The legislation ing and social services program. be tested on human subjects. For these will require that every Board receives The Tribe submitted its plan to the studies to succeed, patients must have accreditation to assure that it is car- Department of the Interior for review confidence in our system and must be rying out its duties effectively and rig- and approval. Public hearings were willing to participate in medical re- orously. held during which the views and rec- search. We must protect patients when The legislation will assist research- ommendations of Tribal members were they volunteer for these tests. To do ers in learning more about the best heard regarding the plan. The Tribe otherwise would jeopardize this very practices for protecting human sub- has been advised that the Department hopeful future. jects, by creating programs to improve

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9994 CONGRESSIONAL RECORD — SENATE October 4, 2002 training for researchers in good re- in their training and effectiveness. Third, Authority with respect to capital in- search practices. The bill strengthens conflicts of interest threaten the integrity or vestment decisions and financing oper- the firewalls against financial conflicts research. Fourth, investigators can engage ations by increasing Congressional and of interest for researchers, and will re- in ‘‘IRB shopping’’ whereby a proposal re- Executive Branch oversight; to the jected by one IRB for ethical reasons can be quire the establishment of regulations submitted to a second board in the hope of a Committee on Environment and Public to govern payment of research sub- more lenient review all without notifying Works. jects. the second IRB of the decision of the first. Mr. LOTT. Mr. President, the Ten- The legislation will also enhance the To address these problems the bill will: 1. nessee Valley Authority has long ethical review of clinical trials con- Require accreditation of all IRBs to ensure served as an engine for economic devel- ducted overseas with federal funding or that they do their jobs adequately. To be ac- opment in my part of the country and submitted to FDA for review, by re- credited, IRBs would not only have to review has enjoyed widespread support for its proposals to conduct research, but also mon- quiring that research conducted over- efforts to provide power that is needed seas that falls within U.S. regulatory itor such research once it is initiated. 2. End ‘‘IRB shopping’’ by requiring notification of to fuel the economy and enhance the jurisdiction must be reviewed and ap- previous proposal rejection. 3. Establish quality of life of those it serves. It is proved by a U.S. Institutional Review rules for financial conflict of interest for my desire to assist the TVA in con- Board. The bill enhances the review of IRB members. 4. Allow IRB expenses to be tinuing its legacy and carrying out its areas of research that raise special charged as direct costs on Federal grants, so mission. To provide that assistance, safety concerns, such as gene therapy that universities can give IRBs the resources the Congress, the Administration, and and xenotransplantation. they need to do their job. 5. Allow, on a vol- the TVA itself must determine whether untary basis, a central IRB to review We must act now to improve our pro- TVA’s policies, practices, and long- tections for human research subjects, projects conducted a multiple local research sites to provide for more effective and effi- term strategies are consistent with the so that patients will feel confident cient review. realities of today’s marketplace. enough to volunteer for the many vital Investigators conducting human subject The TVA is at a crossroads in its il- research projects that will be devel- research are often poorly trained in pro- lustrious history. The United States oped in coming years. These reforms tecting human subjects. As revealed by the taxpayer and the power consumers in will have a significant role in improv- controversies surrounding gene therapy, fi- the TVA service area have provided the ing medical care. But even more impor- nancial conflicts of interest can often com- promise the objectivity or researchers. Fi- capital necessary to develop, finance, tant, these safeguards will protect our and operate one of the largest, if not fellow human beings. The people this nally, payment of research subjects is be- coming common, but few standards have the largest, public power systems in bill protects are not numbers of statis- been established to govern when and how a history. The TVA is now facing a num- tics. They are someone’s mother, subject can or should be compensated. To ad- ber of challenges with respect to its ex- daughter, or spouse. Mistakes and dress these problems, the bill will: 1. Require isting generating system in the form of abuses that hurt them affect their fam- HHS to establish a model program to train environmental compliance, aging and ilies, friends, and communities. researchers in good research practices and obsolete plants, and the urgent need to We are a great people and a great na- then provide grants to allow universities to provide additional generating capacity tion. We are a moral people and an eth- establish similar programs. 2. Strengthen to meet the demands of the future. It is ical nation. We must do all we can to current rules on financial conflict of interest my belief that the United States tax- see that our great medical advances of for researchers. Numerous studies have shown that the existing system does a poor payer is unwilling and unable to con- the future do not come at an unneces- job in protecting against conflict of interest. tinue to bear the financial burden and sary cost of death and suffering by pa- The proposal follows recent recommenda- risks associated with addressing these tients who first volunteered to test tions by the AAMC. 3. Establish standards to challenges. these new medical treatments. I look govern payments to research subjects. forward to working with my colleagues Research projects involving human sub- The reality of the marketplace for to enact these needed reforms as soon jects that use federal funds or support a sub- energy and the political imperatives as possible. mission to the FDA are subject to US regula- with which we are confronted mandate I ask unanimous consent that a sec- tions even when conducted overseas. When that any new financing strategies and conducted on poorly educated and/or impov- tion-by-section analysis of the bill be supplemental sources of capital be con- erished populations in nations with weak sidered and utilized by the TVA. Like- printed in the RECORD. local oversight, such research raises special There being no objection, the anal- wise, we need to review and analyze the ethical concerns. First, subjects may not be short-term and long-term financing ysis was ordered to be printed in the adequately protected when an ethical review RECORD, as follows: is conduced in a country without a strong in- and risk management strategies em- ployed by the TVA with respect to its THE RESEARCH REVITALIZATION ACT frastructure for research subject protection. The current oversight system for pro- Second, there are significant ethical con- almost $26 billion of debt. tecting human subjects is overdue for re- cerns about conducting high-risk research on During 2002, we have witnessed the form. Rules for research subject protection local populations who will never receive the results of risky and sometimes corrupt do not cover all research. Protections for re- benefits of the products being tested on corporate financing and management search subjects are largely based on regula- them. Third, some subjects receive placebos practices. Although I have no reason to tion rather than statute. There is no Federal or non-treatment, even when effective treat- ments are available and could be given to pa- believe that TVA has been involved in lead agency charged with amending and any such practices, I believe we have a issuing guidance on the rules for research tients. The bill will: 1. Require review by a subject protections, resulting in an often US-accredited IRB of all human subject re- responsibility to the taxpayers to ex- confusing set of divergent regulations across search conducted overseas that falls within amine the financing and disclosure different Federal research agencies. In addi- US regulatory jurisdiction. This requirement practices of the TVA to ensure that tion, since no single agency can amend the would be waived where standards of review their investment is being protected. I research rules, the rules themselves have not are equivalent to those in the US, e.g. EU, note that TVA has utilized short-term been updated in years and have not kept Australia, Canada. 2. Require rules gov- financing facilities and derivative secu- pace with the changing nature of research. erning the use of placebos or non-treatment when effective therapies could be adminis- rities as hedging and interest rate To address these problems, the bill will: 1. management techniques. We need to Ensure that all human subjects in all re- tered to research subjects. search are covered by strong protections. 2. Certain areas of research, such as gene better understand the risks and re- Provide a clear statutory authorization for therapy or xenotransplantation, raise un- wards associated with these strategies. research subject protections. 3. Establish a usual safety concerns. NBAC has rec- The legislation that I am introducing central office to amend the rules for research ommended special scrutiny for such areas, today would require that the TVA pro- subject protection. beyond simple IRB review. The bill will re- vide the Congress and the Administra- Institutional Review Boards, IRBs are quire special monitoring of adverse events in clinical trials of such research so that tion with a 10-year business outlook committees at universities and hospitals and strategic plan with respect to its that review the safety and ethical accept- threats to patient safety can be identified. ability of research involving human subjects. development and financing needs, as The IRB system is under severe strain for By Mr. LOTT: well as an analysis of its ongoing fi- several reasons. First, IRBs are overworked S. 3061. A bill to impose greater ac- nancing and risk management strate- and underfunded. Second, IRBs vary widely countability on the Tennessee Valley gies. During the period in which the

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 4, 2002 CONGRESSIONAL RECORD — SENATE S9995 TVA is responding to this Congres- I look forward to working with my joined me in submitting a resolution sional mandate, the TVA would be re- colleagues to pass legislation that urging the President to invoke the Taft quired to cease and desist from incur- would create a comprehensive research Hartley emergency dispute resolution ring new obligations or entering into program to test the viability of silver- procedures in response to the complete any arrangements for the development based biocides for the treatment of shutdown of twenty-nine West Coast or financing of new, additional, or re- wood products. ports due to a labor dispute. I deeply placement plant, equipment, or capac- f regret that this legislation is nec- ity. Likewise, during this period the STATEMENTS ON SUBMITTED essary, but the grave economic con- TVA would be required to gain the con- RESOLUTIONS sequences of the shutdown and the seri- currence of the Director of the Office of ous ramifications on our country’s Management and Budget and the ap- ability to improve homeland security propriate Senate and House Committee SENATE RESOLUTION 333—EX- have made it so. leaders before undertaking any addi- PRESSING THE SENSE OF THE It is estimated that 7 percent of our tional financing or refinancing activi- SENATE RELATING TO A DIS- Nation’s gross domestic product flow ties. The legislation specifically pro- PUTE BETWEEN THE PACIFIC through these ports. However, that vides for the necessary flexibility for MARITIME ASSOCIATION AND does not begin to calculate the cost to the TVA to continue normal operations THE INTERNATIONAL the workers and families who are and and fund necessary maintenance ac- LONGSHORE AND WAREHOUSE will be affected by this impasse. Trans- tivities while complying with this Con- UNION portation of products to West Coast gressional mandate. Mr. HUTCHINSON (for himself, Mr. ports has been shut down. The jobs of I strongly support the TVA and I rec- railroad employees, barge employees, LOTT, Mr. HELMS, Mr. HAGEL, Mr. ognize its importance to the economic and independent truck drivers, whose health of several states in the south- BURNS, Mr. CRAIG, Mr. ROBERTS, Mr. ALLARD, Mr. VOINOVICH, Mr. CRAPO, Mr. livelihoods all depend upon the flow of eastern United States, including my goods in and out these ports, are being own. Indeed, the TVA is a critical com- ENSIGN, Mr. DEWINE, Mr. BOND, Mr. FRIST, Mr. WARNER, and Mr. HATCH) endangered by this dispute. In addi- ponent of the infrastructure that sup- tion, manufacturers who are unable to ports the economy of the entire United submitted the following resolution, which was referred to the Committee move products are facing unexpected States. It is my desire in introducing on Health, Education, Labor, and Pen- storage costs that have already re- this legislation that the TVA be posi- sions: sulted in thousands of layoffs. tioned to meet the challenges of the S. RES. 333 In the agriculture sector, the inabil- 21st Century. Introduction of this legis- ity to ship grains, vegetables, live- Whereas the ongoing dispute between the lation is the first step to help the TVA stock, and other perishables is having a achieve that goal. Pacific Maritime Association and the Inter- national Longshore and Warehouse Union, catastrophic effect on farmers and ranchers, many of whom are already By Mr. CRAIG relating to a collective bargaining agree- S. 3062. A bill to direct the Secretary ment, has shut down 29 West Coast ports; facing consecutive years of drought Whereas this dispute has sent harmful eco- of agriculture to conduct a study of the and economic hardship. The ability to nomic reverberations far beyond the ship- move agricultural products and sell effectiveness of silver-based biocides as ping industry, the West Coast, or even the an alternative treatment to preserve them to foreign markets when prices borders of the United States; are best is essential to the health of wood; to the Committee on Agri- Whereas 7 percent of the Nation’s gross do- culture, Nutrition, and Forestry. mestic product travels through those ports rural communities across our country. Mr. CRAIG. Mr. President, today I and the flow of goods in and out of those In addition, the inability to move these am introducing the Wood Preservation ports is critical to the operation of busi- products off our own domestic market Safety Act of 2002. If enacted, this leg- nesses, farms, and factories, and the business threatens to push commodity and live- islation would authorize the Forest of retailers and consumers, all across the stock prices even lower. Agricultural Products Laboratory of the U.S. Forest United States; producers and marketers have spent Whereas the stay of all West Coast trans- Service to study the effectiveness of millions of dollars to open and develop port by sea has already prevented farmers Asian markets amidst heavy competi- silver-based biocides as a wood preserv- from selling their crops, shut down manufac- ative treatment. turing plants, idled trucks and trains, and tion from Canada, Australia, and many According to silver experts and aca- precluded consumers from purchasing goods; other countries vying for access. This demics, silver biocides could serve as a Whereas, due to the interruption of the dispute is threatening thousands of viable, safe and cost effective alter- flow of commerce caused by the dispute, jobs and years of work to increase native wood preservative. Given sil- thousands of persons in the United States trade with these emerging markets. ver’s long-standing role as an effective have been laid off and are living without a At a time when the country is al- biocide, testing should be undertaken paycheck through no fault of their own; ready experiencing economic hard- to determine silver’s suitability as a Whereas the United States is already en- ships, this shutdown is jeopardizing the during an economic recession and high un- wood preservative. Thus, I feel it is im- employment; and jobs and livelihoods of thousands of portant to study and fully explore the Whereas if the shutdown of those ports citizens across our country. From potential of silver as a wood preserva- continues, the shutdown will present a seri- auto-workers in Michigan and Missouri tive. ous threat to the Nation’s safety and health: to rice and wheat farmers in Arkansas Mining has been an important part of Now, therefore, be it and Kansas, the human cost of this dis- Idaho’s history since the late 1800s. It Resolved, pute far exceeds the financial and tech- became Idaho’s first industry and re- SECTION 1. SENSE OF THE SENATE. nical issues that have provoked it. mains a critical part of Idaho and the It is the sense of the Senate that— This resolution calls on the Pacific nation’s economy. Mining in Idaho has (1) the Pacific Maritime Association and Maritime Association and the Inter- the International Longshore and Warehouse supplied the nation with minerals nec- Union should enter into mediation to resolve national Longshore and Warehouse essary for today’s modern lifestyle the dispute, adopt 24–hour extensions of the Union to adopt 24-hour extensions of which many of us take for granted. In expired collective bargaining agreement, and the expired collective bargaining 1985, the mines of Idaho’s Coeur end the current lockout; and agreement and end the current lockout d’Alene mining district produced their (2) if the Pacific Maritime Association and while they go through mediation. one billionth ounce of silver. The Sun- the International Longshore and Warehouse It also urges the President to appoint shine Mine was America’s richest silver Union do not reach a settlement or reopen a board of inquiry and begin the emer- mine, producing over 300 million the ports through that mediation during a gency dispute settling procedures ounces of silver, more than the entire reasonable period (as determined by the President), the President should appoint a called for under the Taft Hartley Labor output of Nevada’s famous Comstock board of inquiry, to begin the emergency dis- Management Relations Act, 1947, if he Lode. Silver contributes to our quality pute-settling procedure under the Labor- determines that mediation has failed. of life in many ways, and its use as a Management Relations Act, 1947. My colleagues and I have taken this biocide in wood products is an impor- Mr. HUTCHINSON. Mr. President, action out of concern for our home tant application that must be explored. today, many of my colleagues have states and the safety and health of the

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4637 Sfmt 0634 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9996 CONGRESSIONAL RECORD — SENATE October 4, 2002 nation. Much of the industry in my SENATE RESOLUTION 334—RECOG- ized to meet during the session of the home state of Arkansas relies on prod- NIZING THE ELLIS ISLAND Senate on Friday, October 4, 2002, at 10 uct import and export, and much of it MEDAL OF HONOR a.m., to hold a nomination hearing. travels through west coast docks. Ar- Mr. DASCHLE (for Mrs. CLINTON) Agenda kansas is already feeling the effect of submitted the following resolution; the shutdown, and it is critical that Nominees: The Honorable John R. which was referred to the Committee Hamilton, of North Carolina, to be Am- labor dispute be solved before even on the Judiciary: more damage is done. bassador to the Republic of Guatemala; S. RES. 334 Mr. John F. Keane, of Virginia, to be Mr. Craig. Mr. President, I rise to Whereas the Ellis Island Medal of Honor, commend my colleague, the Senator Ambassador to the Republic of Para- established by the National Ethnic Coalition guay; and the Honorable David N. from Arkansas, Mr. HUTCHINSON, and of Organizations in 1986, pays tribute to indi- Greenlee, of Maryland, to be Ambas- an happy to join him as an original co- viduals of various ethnic origins who have sponsor, upon his submission of a reso- distinguished themselves through their con- sador to the Republic of Bolivia. lution expressing the sense of the Sen- tributions to the United States; The PRESIDING OFFICER. Without ate about the recent shutdown of ship- Whereas the Ellis Island Medal of Honor objection, it is so ordered. ping that has occurred on the West has been awarded on a bipartisan basis to 6 SELECT COMMITTEE ON INTELLIGENCE Presidents and numerous Representatives Coast. Mr. BAUCUS. Mr. President, I ask and Senators; unanimous consent that the Select We are at war with terrorism. The Whereas the National Ethnic Coalition of Senate is now debating action on an- Organizations is the largest organization of Committee on Intelligence be author- other front in that war. We are at a its kind in the United States, representing ized to meet during the session of the critical moment in our economic re- more than 5,000,000 family members and serv- Senate on Friday, October 4, 2002, at 11 covery, when we are eager for that ing as an umbrella group for more than 250 a.m., to hold a closed hearing on intel- economy to continue to grow, and we organizations that span the spectrum of eth- ligence matters. want to protect and resume creating nic heritage, culture, and religion; The PRESIDING OFFICER. Without Whereas the mandate of the National Eth- objection, it is so ordered. good jobs for American workers. nic Coalition of Organizations is to preserve At such a time, frankly, I am at a ethnic diversity, promote equality and toler- f loss to understand how such a dispute ance, combat injustice, and bring about har- PRIVILEGE OF THE FLOOR has ever come about in these 29 ports mony and unity among all peoples; Mr. BAUCUS. Mr. President, I also on the West Coast. I would hope the Whereas the Ellis Island Medal of Honor is ask unanimous consent that Ryan partied involved understand that they named for the gateway through which more Montgomery, an intern in the Finance risk strangling an estimated 7 percent than 12,000,000 immigrants passed in their quest for freedom of speech, freedom of reli- Committee staff, be accorded floor of our Nation’s economy. I would hope gion, and economic opportunity; privileges for the day. they realize the implications a pro- Whereas the Ellis Island Medal of Honor The PRESIDING OFFICER. Without longed dispute would have for millions celebrates the richness and diversity of objection, it is so ordered. of workers and their families, as well American life by honoring not only individ- as for our Nation’s health and safety. uals, but the pluralism and democracy that f This shutdown already is hurting ag- have enabled the Nation’s ethnic groups to MEASURE INDEFINITELY riculture, one of the largest sectors of maintain their identities while becoming in- POSTPONED—H. CON. RES. 401 tegral parts of the American way of life; Idaho’s economy. I have been in touch Whereas during the 15-year history of the Mr. REID. Mr. President, I ask unan- with farmers and ranchers in Idaho. Ellis Island Medal of Honor, more than 1,500 imous consent that Calendar No. 583, H. The impact of this shutdown has been individuals from scores of different ethnic Con. Res. 401, be indefinitely post- immediate and it threatens to be dev- groups have received the Medal, and more poned. astating. I know it is affecting other than 5,000 individuals are nominated each The ACTING PRESIDENT pro tem- industries as well. We have all heard year for the Medal; and pore. Without objection, it is so or- Whereas at the 2002 Ellis Island Medal of the estimates that it will cost the Na- dered. tion’s economy $1 billion a day, but I Honor ceremony in New York City, individ- uals from different ethnic groups will be hon- f understand that is the cost in the early ored for their contributions to the rescue ENVIRONMENTAL POLICY AND days of the shutdown. The harm will and recovery efforts of September 11, 2001, grown, and it is something that work- the war against terrorism, and the enhance- CONFLICT RESOLUTION AD- ers, families, farmers, and employers in ment of the Nation’s homeland security: VANCEMENT ACT OF 2002 Idaho and across the Nation should not Now, therefore, be it Mr. REID. Mr. President, I ask unan- be forced to bear. Resolved, That the Senate recognizes the imous consent that the Senate now Ellis Island Medal of Honor for acknowl- So, I commend Senator HUTCHINSON proceed to Calendar No. 432, S. 2064. edging individuals who live exemplary lives for his leadership in the submission of as Americans while preserving the values of The ACTING PRESIDENT pro tem- this resolution. I join him in imploring their particular ethnic heritage. pore. The clerk will report the bill by the disputing parties to work with ur- f title. gency to resolve differences and reach The legislative clerk read as follows: a settlement, while adopting twenty- AUTHORITY FOR COMMITTEES TO A bill (S. 2064) to reauthorize the United four extensions of the expired collec- MEET States Institute for Environmental Conflict tive bargaining agreement, allowing COMMITTEE ON BANKING, HOUSING, AND URBAN Resolution, and for other purposes. the ports to reopen, and restoring the AFFAIRS There being no objection, the Senate full, brisk, efficient flow of American Mr. BAUCUS. Mr. President, I ask proceeded to consider the bill. goods to markets overseas. unanimous consent that the Com- Mr. REID. Mr. President, I ask unan- I also appreciate the fact that the mittee on Banking, Housing, and imous consent that the bill be read the adminsitraiton already is working to Urban Affairs be authorized to meet third time and passed; that the motion resolve this problem. A Federal medi- during the session of the Senate on Fri- to reconsider be laid upon the table; ator has gotten engaged. Now it is time day, October 4, 2002, at 11 a.m., to con- and that any statements relating to for the Senate to add its voice to the duct a hearing on the nomination of the bill be printed in the RECORD. constructive efforts of the administra- Mr. Philip Merrill, of Maryland, to be The ACTING PRESIDENT pro tem- tion. president of the Export-Import Bank of pore. Without objection, it is so or- With my colleagues, I call on the dis- the United States. dered. puting parties to consider the good of The PRESIDING OFFICER. Without The bill (S. 2064) was read the third the country at a critical time; to rec- objection, it is so ordered. time and passed, as follows: ognize the responsibilities of a good COMMITTEE ON FOREIGN RELATIONS S. 2064 neighbor to employers and labor across Mr. BAUCUS. Mr. President, I ask Be it enacted by the Senate and House of Rep- our land; and to come back to the table unanimous consent that the Com- resentatives of the United States of America in and come back to work. mittee on Foreign Relations be author- Congress assembled,

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SECTION 1. SHORT TITLE. SECTION 1. SHORT TITLE. (A) in the heading, by inserting ‘‘RESTRICTED This Act may be cited as the ‘‘Environ- This Act may be cited as the ‘‘Native Amer- ACCESS OR’’ before the word ‘‘REDUCTION’’; mental Policy and Conflict Resolution Ad- ican Housing Assistance and Self-Determina- (B) in subparagraph (B), by striking ‘‘or’’ at vancement Act of 2002’’. tion Reauthorization Act of 2002’’. the end; SEC. 2. ENVIRONMENTAL DISPUTE RESOLUTION SEC. 2. REAUTHORIZATION OF THE NATIVE (C) in subparagraph (C), by striking the pe- FUND. AMERICAN HOUSING ASSISTANCE riod at the end and inserting ‘‘; or’’; and Section 13 of the Morris K. Udall Scholar- AND SELF-DETERMINATION ACT OF (D) by adding at the end the following: ship and Excellence in National Environ- 1996. ‘‘(D) whether the recipient has expended re- mental and Native American Public Policy (a) BLOCK GRANTS.—Section 108 of the Na- tained program income for housing-related Act of 1992 (20 U.S.C. 5609) is amended by tive American Housing Assistance and Self- activities.’’. striking subsection (b) and inserting the fol- Determination Act of 1996 (25 U.S.C. 4117) is SEC. 6. REGULATIONS. lowing: amended by striking ‘‘1998, 1999, 2000, and Section 106(b)(2)(A) of the Native American ‘‘(b) ENVIRONMENTAL DISPUTE RESOLUTION 2001’’ and inserting ‘‘1998 through 2007’’. Housing Assistance and Self-Determination FUND.—There is authorized to be appro- (b) FEDERAL GUARANTEES.—Section 605 of Act of 1996 (25 U.S.C. 4116(b)(2)(A)) is amend- priated to the Environmental Dispute Reso- the Native American Housing Assistance and ed by inserting after ‘‘required under this Act’’ lution Fund established by section 10 Self-Determination Act of 1996 (25 U.S.C. the following: ‘‘, including any regulations $4,000,000 for each of fiscal years 2004 through 4195) is amended— that may be required pursuant to amend- 2008, of which— (1) in subsection (a), by striking ‘‘1997, 1998, ments made to this Act after the date of enact- ‘‘(1) $3,000,000 shall be used to pay oper- 1999, 2000, and 2001’’ and inserting ‘‘1997 ment of this Act,’’. ations costs (including not more than $1,000 through 2007’’; and SEC. 7. FEDERAL GUARANTEES FOR FINANCING for official reception and representation ex- (2) in subsection (b), by striking ‘‘1997, 1998, FOR TRIBAL HOUSING ACTIVITIES. penses); and 1999, 2000, and 2001’’ and inserting ‘‘1997 Section 601 of the Native American Housing ‘‘(2) $1,000,000 shall be used for grants or through 2007’’. Assistance and Self-Determination Act of 1996 other appropriate arrangements to pay the (c) TRAINING AND TECHNICAL ASSISTANCE.— (25 U.S.C. 4191) is amended— costs of services provided in a neutral man- Section 703 of the Native American Housing (1) in subsection (a), by inserting after ‘‘sec- ner relating to, and to support the participa- Assistance and Self-Determination Act of 1996 tion 202’’ the following: ‘‘and housing related tion of non-Federal entities (such as State (25 U.S.C. 4212) is amended by striking ‘‘1997, community development activity as consistent and local governments, tribal governments, 1998, 1999, 2000, and 2001’’ and inserting with the purposes of this Act’’; nongovernmental organizations, and individ- ‘‘1997 through 2007’’. (2) by striking subsection (b); and uals) in, environmental conflict resolution (d) INDIAN HOUSING LOAN GUARANTEE (3) by redesignating subsections (c) and (d) proceedings involving Federal agencies.’’. FUND.—Section 184(i) of the Housing and as subsections (b) and (c), respectively. f Community Development Act of 1992 (12 U.S.C. 1715z–13a(i)) is amended— SEC. 8. FEASIBILITY STUDIES TO IMPROVE THE NATIVE AMERICAN HOUSING AS- DELIVERY OF HOUSING ASSISTANCE (1) in paragraph (5)(C), by striking ‘‘each IN NATIVE COMMUNITIES. SISTANCE AND SELF-DETER- fiscal year’’ and inserting ‘‘each of fiscal Section 202 of the Native American Housing years 1997 through 2007’’; and MINATION REAUTHORIZATION Assistance and Self-Determination Act of 1996 (2) in paragraph (7), by striking ‘‘each fis- ACT OF 2002 (25 U.S.C. 4132) is amended by adding at the cal year’’ and inserting ‘‘each of fiscal years end the following: Mr. REID. Mr. President, I ask unan- 1997 through 2007’’. ‘‘(7) COMMUNITY DEVELOPMENT DEMONSTRA- imous consent that the Senate proceed SEC. 3. DEFINITIONS. TION PROJECT.— to Calendar No. 609, S. 1210. Section 4 of the Native American Housing The ACTING PRESIDENT pro tem- ‘‘(A) IN GENERAL.—Consistent with prin- Assistance and Self-Determination Act of 1996 ciples of Indian self-determination and the pore. The clerk will report the bill by (25 U.S.C 4103) is amended by adding at the findings of this Act, the Secretary shall con- title. end the following: duct and submit to Congress a study of the The legislative clerk read as follows: ‘‘(22) HOUSING RELATED COMMUNITY feasibility of establishing a demonstration A bill (S. 1210) to reauthorize the Native DEVELOPMENT.— project in which Indian tribes, tribal organi- American Housing Assistance and Self-De- ‘‘(A) IN GENERAL.—The term ‘housing related zations, or tribal consortia are authorized to termination Act of 1996. community development’ means any tribally- expend amounts received pursuant to the Na- There being no objection, the Senate owned and operated facility, business, activ- tive American Housing Assistance and Self- ity, or infrastructure that— Determination Reauthorization Act of 2002 in proceeded to consider the bill, which ‘‘(i) is necessary to the direct construction of had been reported from the Committee order to design, implement, and operate com- reservation housing; and munity development demonstration projects. on Banking, Housing, and Urban Af- ‘‘(ii) would help an Indian tribe or its trib- ‘‘(B) STUDY.—Not later than 1 year after the fairs with an amendment to strike all ally-designated housing authority reduce the date of enactment of the Native American after the enacting clause and insert in cost of construction of Indian housing or oth- Housing Assistance and Self-Determination lieu thereof the following: erwise promote the findings of this Act. Reauthorization Act of 2002, the Secretary [Matter to be omitted is shown in ‘‘(B) EXCLUSION.—The term ‘housing and shall submit the study conducted under sub- black brackets; matter to be added is community development’ does not include any paragraph (A) to the Committee on Banking, activity conducted by any Indian tribe under Housing, and Urban Affairs and the Com- shown in bold italic.] the Indian Gaming Regulatory Act (25 U.S.C. Be it enacted by the Senate and House of Rep- mittee on Indian Affairs of the Senate, and 2710 et seq.).’’. resentatives of the United States of America in the Committee on Financial Services and the Congress assembled, SEC. 4. BLOCK GRANTS AND GRANT REQUIRE- Committee on Resources of the House of Rep- MENTS. øSECTION 1. SHORT TITLE. resentatives. Section 101(h) of the Native American Hous- øThis Act may be cited as the ‘‘Native ‘‘(8) SELF-DETERMINATION ACT DEMONSTRA- ing Assistance and Self-Determination Act of American Housing Assistance and Self-De- TION PROJECT.— 1996 (25 U.S.C. 4111(h)) is amended— termination Reauthorization Act of 2001’’. ‘‘(A) IN GENERAL.—Consistent with the provi- (1) in the heading, by inserting ‘‘AND PLAN- sions of the Indian Self-Determination and øSEC. 2. REAUTHORIZATION OF THE NATIVE NING’’ after ‘‘ADMINISTRATIVE’’; and AMERICAN HOUSING ASSISTANCE Education Assistance Act (25 U.S.C. 450 et AND SELF-DETERMINATION ACT OF (2) by inserting after the word ‘‘Act’’ the seq.), the Secretary shall conduct and submit 1996. first place that term appears, the following: to Congress a study of the feasibility of estab- ø(a) BLOCK GRANTS.—Section 108 of the Na- ‘‘for comprehensive housing and community lishing a demonstration project in which In- tive American Housing Assistance and Self- development planning activities and’’. dian tribes and tribal organizations are au- Determination Act of 1996 (25 U.S.C. 4117) is SEC. 5. TREATMENT OF PROGRAM INCOME AND thorized to receive assistance in a manner amended by striking ‘‘, 1999, 2000, and 2001’’ LABOR STANDARDS. that maximizes tribal authority and decision- and inserting ‘‘through 2006’’. Section 104 of the Native American Housing making in the design and implementation of ø(b) FEDERAL GUARANTEES.—Subsections Assistance and Self-Determination Act of 1996 Federal housing and related activity funding. (a) and (b) of section 605 of the Native Amer- (25 U.S.C. 4114) is amended— ‘‘(B) STUDY.—Not later than 1 year after the ican Housing Assistance and Self-Determina- (1) in subsection (a)(1)— date of enactment of the Native American tion Act of 1996 (25 U.S.C. 4195) are each (A) by striking ‘‘A recipient’’ and inserting Housing Assistance and Self-Determination amended by striking ‘‘, 1998, 1999, 2000, and the following: ‘‘Notwithstanding any other Reauthorization Act of 2002, the Secretary 2001’’ and inserting ‘‘through 2006’’. provision of this Act, a recipient’’; and shall submit the study conducted under sub- ø(c) TRAINING AND TECHNICAL ASSIST- (B) by striking subparagraph (B) and in- paragraph (A) to the Committee on Banking, ANCE.—Section 703 of the Native American serting the following: Housing, and Urban Affairs and the Com- Housing Assistance and Self-Determination ‘‘(B) the recipient has agreed that it will mittee on Indian Affairs of the Senate, and Act of 1996 (25 U.S.C. 4212) is amended by utilize such income for housing related activi- the Committee on Financial Services and the striking ‘‘, 1998, 1999, 2000, and 2001’’ and in- ties in accordance with this Act.’’; and Committee on Resources of the House of Rep- serting ‘‘through 2006’’.¿ (2) in subsection (a)(2)— resentatives.’’.

VerDate Mar 15 2010 20:14 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4637 Sfmt 6333 E:\2002SENATE\S04OC2.REC S04OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9998 CONGRESSIONAL RECORD — SENATE October 4, 2002 SEC. 9. BLACK MOLD INFESTATION STUDY. for their work on this bill during delib- morning business until 1 p.m., with Not later than 180 days after the date of en- erations in the Committee on Indian Senators permitted to speak for up to actment of this Act, the Secretary of Housing Affairs. Also, I wish to thank Senator 10 minutes each, with the first half and Urban Development shall— (1) complete a study on the extent of black SARBANES for his leadership in moving under the control of Senator WYDEN, mold infestation of Native American housing this bill quickly through the Banking and the second half under the control in the United States; and Committee. of the Republican leader or his des- (2) submit to Congress a report that de- Throughout my 16 years in Congress, ignee; that at 1 p.m., the Senate re- scribes recommendations of the Secretary for I have been dismayed by the living con- sume consideration of S.J. Res. 45, with means by which to address the infestation. ditions of Native Americans. On nu- the time until 4 p.m. equally divided Mr. SARBANES. Mr. President, on merous occasions, it has been docu- and controlled between the two leaders September 12, 2002, the Committee on mented that Native Americans have or their designees, with Senators per- Banking, Housing, and Urban Affairs the worst housing conditions in the mitted to speak up to 15 minutes each. reported out favorably S. 1210, the Na- United States. Rampant overcrowding, The ACTING PRESIDENT pro tem- tive American Housing Assistance and homelessness, and a crumbling housing pore. Without objection, it is so or- Self-Determination Reauthorization stock plague our tribal communities, dered. Act, NAHASDA. The Indian Affairs and South Dakota has seen some of the f Committee referred NAHASDA to the worst conditions overall. Our tribes Committee on Banking, Housing, and suffer from anywhere between 50 to 80 PROGRAM Urban Affairs on August 28, 2002. Ac- percent unemployment on Native Mr. REID. Mr. President, I announce cording to the Senate Rules, all legisla- American reservations. According to on behalf of the majority leader that tion affecting HUD’s Indian Housing the Housing Assistance Council, South we should move to as many Iraq programs must be considered in the Dakota contains 10 counties that are speeches as quickly as we can. Not ev- Banking Committee. This is bipartisan inhabited by 30 to 65 percent of persons eryone can give their speeches on legislation that has the support of the below poverty. Wednesday. It is possible someone National American Indian Housing NAHASDA was originally passed in might attempt to invoke cloture on Council, NAIHC. 1996 to strengthen Federal housing as- this legislation. If that, in fact, were The NAHASDA Reauthorization Act sistance to tribal communities. the case, everyone should be aware extends the program originally created NAHASDA provides block grants to In- that following Thursday, we would be in 1996. The bill makes very modest dian tribes for affordable housing ac- in postcloture if someone decided to changes to update the legislation, in- tivities that were previously under file it on Tuesday. So everyone should cluding asking HUD to explore ways to general housing programs, including be aware of that and move forward increase tribal self-determination with public housing, section 8, Youthbuild, with the speeches as quickly as pos- regards to the NAHASDA block grant. and homeless programs. I believe that sible. It also asks HUD to do a study of black consolidating these funds in a block There will be no votes on Monday, mold, which is apparently is a growing grant to tribes helps meet the goal of Mr. President. problem on reservations. self-determination for Indian tribes. f In 1996, Congress passed NAHASDA in NAHASDA has proven to be a vast order to strengthen federal housing as- improvement over the previous way ADJOURNMENT UNTIL MONDAY, sistance for tribal communities. that housing assistance was provided OCTOBER 7, 2002 NAHASDA provides block grants to In- to tribes. The Federal Government Mr. REID. If there is no further busi- dian tribes or their tribally designated must end the practice of treating our ness to come before the Senate, I ask housing entities, TDHEs, for affordable first Americans as third class citizens. unanimous consent that the Senate housing activities that were previously As this bill is considered by the full stand in adjournment. under general housing programs, in- Senate, I will continue to press my col- There being no objection, the Senate, cluding public housing, section 8, leagues for their full support. at 6:09 p.m., adjourned until Monday, Youthbuild, and homeless programs. Mr. REID. Mr. President, I ask unan- October 7, 2002, at 12 noon. Consolidating these funds into a block imous consent that the Banking Com- f grant helps to meet the goal of self-de- mittee substitute amendment be termination for Indian tribes. agreed to; that the bill, as amended, be NOMINATIONS Since its passage, NAHASDA has read the third time and passed; that Executive nominations received by achieved many successes. HUD reports the motion to reconsider be laid upon the Senate October 4, 2002: that through NAHASDA, 25,000 new the table, with no intervening action NATIONAL LABOR RELATIONS BOARD units of housing has been produced in or debate; and that any statements re- Indian communities. In spite of ROBERT J. BATTISTA, OF MICHIGAN, TO BE A MEMBER lating to the bill be printed in the OF THE NATIONAL LABOR RELATIONS BOARD FOR THE NAHASDA’s successes, many of the RECORD. TERM OF FIVE YEARS EXPIRING DECEMBER 16, 2007, VICE people in these communities still live WILMA B. LIEBMAN, TERM EXPIRING. The ACTING PRESIDENT pro tem- WILMA B. LIEBMAN, OF THE DISTRICT OF COLUMBIA, in severely substandard housing. Ac- pore. Without objection, it is so or- TO BE A MEMBER OF THE NATIONAL LABOR RELATIONS cording to the NAIHC, Native Amer- BOARD FOR THE TERM OF FIVE YEARS EXPIRING AU- dered. GUST 27, 2006, VICE PETER J. HURTGEN. ican housing is said to be six to eight The committee amendment in the IN THE ARMY times more crowded than the national nature of a substitute was agreed to. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT average. Furthermore, it is estimated The bill (S. 1210), as amended, was IN THE UNITED STATES ARMY TO THE GRADE INDICATED that 1 out of every 5 Indian homes read the third time and passed. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: lacks complete plumbing; and 40 per- f cent of homes on Indian lands are over- To be lieutenant general crowded. These figures demonstrate ORDERS FOR MONDAY, OCTOBER 7, MAJ. GEN. ROBERT W. WAGNER, 0000 the need for affordable housing pro- 2002 IN THE AIR FORCE grams, like NAHASDA, that benefit Mr. REID. Mr. President, I ask unan- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Native American communities. imous consent that when the Senate TO THE GRADE INDICATED IN THE UNITED STATES AIR Mr. JOHNSON. Mr. President, I am completes its business today—maybe I FORCE UNDER TITLE 10, U.S.C., SECTION 624: proud to be a cosponsor of the bill to should say tonight—it adjourn until To be major reauthorize the Native American Hous- the hour of 12 noon, Monday, October 7, ERRISH NASSER G. ABU, 0000 ZAIGHAM H. ANSARI, 0000 ing Assistance and Self-Determination 2002; that on Monday, immediately fol- ERIC L. BERNING, 0000 Act which is an important step in lowing the prayer and pledge, the Jour- JAMES P. BROOKS, 0000 ROSEMARY PHILLIPS CARDOSI, 0000 strengthening Federal housing assist- nal of proceedings be approved to date, BLAINE J. CASHMORE, 0000 ance for tribal authorities. I urge the morning hour be deemed to have NAILI A. CHEN, 0000 BRADLEY R. DAVIS, 0000 prompt consideration of this legisla- expired, and the time for the two lead- DONALD D. DILWORTH, 0000 tion by the full Congress. I wish to ers be reserved for their use later in DANIEL H. DUFFY, 0000 MATTHEW J. FICENEC, 0000 thank Senators INOUYE and CAMPBELL the day; that there be a period for GILBERT A. FIELD, 0000

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EXPRESSING SUPPORT FOR GOALS across the land—and in Puerto Rico last Sat- Today, both the House of Representatives AND IDEAS OF DAY OF TRIBUTE urday, September 28. This is an annual day of and the President took a leap forward in pro- TO ALL FIREFIGHTERS caring for our public lands with volunteers tecting our youth. The Judiciary Committee doing needed work to improve those special passed the Child Abduction Prevention Act, SPEECH OF places we go for recreation and enjoyment of which significantly enhances the ability of our HON. CHRISTOPHER H. SMITH the outdoors. nation’s law enforcement community to not OF NEW JERSEY More than 700 volunteers worked in the only find missing children, but also prosecute IN THE HOUSE OF REPRESENTATIVES Caribbean National Forest, known as El their abductors. This bipartisan approach will Tuesday, October 1, 2002 Yunque, and at the San Juan National Historic improve the AMBER Alert programs in many Site. This is the third year Puerto Rico has states and establish a national coordinator to Mr. SMITH of New Jersey. Madam Speaker, joined this hands-on effort that is directed by set up minimum standards for relaying infor- I rise in strong support of H. Con. Res. 476 the National Environmental Education & Train- mation about abductions in a quick and effi- and all of America’s firefighters, especially ing Foundation. cient manner. those who have died in the line of duty. El Yunque is the largest block of public land The bill also strengthens penalties for vio- As a proud Member of the Congressional on the island and one of the most popular lence against children, including automatic first Fire Services Caucus, I think it is fitting and recreation sites in Puerto Rico. Nearly a mil- degree murder charges for child abuse and appropriate that we set aside time to pay trib- lion tourists experience this lush tropical rain child torture murders, severe penalties for sex- ute to our nation’s firefighters, men and forest environment each year, recognized as ual abuse, kidnapping and sex tourism, and a women who have dedicated their lives so that the friendliest and most accessible tropical ‘‘two strikes you’re out policy’’ mandating life the rest of us can sleep in peace. The threat rain forest in the world. The Toyota Founda- in prison for repeat violators. of fire and the calamity an actual fire often tion coordinated efforts for an educational Today the President hosted a White House creates is a day-to-day concern for all our clean up activity with teachers and their envi- Conference where he announced a new na- communities, not to mention the added threats ronments clubs throughout Puerto Rico after tional standard for rapid-response electronic of terrorism now confronting us. having attended a one-day seminar on the im- notifications. He also pre-empted Congress by In 1992, on behalf of the more than one mil- portance of conservation of our island and creating a new coordinator at the Department lion firefighters in over 32,000 fire departments around the world. Keynote speaker was Mario of Justice tasked with improving coordination nationally, Congress rightly created the Na- Davila, president of Toyota of Puerto Rico, and cooperation between federal, regional, tional Fallen Firefighters Foundation to lead a who told volunteers of Toyota’s worldwide state, and local law enforcement communities. nationwide effort to remember our nation’s fall- commitment to the environment. Volunteers I am very pleased the government and pri- en firefighters and their families. Since its cre- were enthusiastic and said they look forward vate organizations are realizing that they can ation, this foundation has assisted many family to next year’s National Public Lands Day. help prevent kidnappings. On Tuesday, I was members, helping them overcome the loss of The National Historic Site is the defense for- happy to hear that AOL will begin using the their fallen champions. Within hours of the tification that once surrounded the old, colonial AMBER Alert system to notify more than 26 September 11th tragedy, the foundation estab- portion of San Juan, including sandstone walls million subscribers in states and cities all over lished a process that used resources from dating to the 1630s. Here, volunteers worked the country. This effort is to be applauded by across the country to provide the critical sup- in the San Felipe del Morro Fort and on the Congress and the country and will hopefully port that members of the Fire Department of recently designated trail. encourage other businesses to begin taking a New York City and their families needed. I am delighted that so many were willing to proactive approach to helping communities This weekend the National Fallen Fire- give up a Saturday to join in this largest volun- solve these crimes early and prevent fighters Foundation will honor the 442 fire- teer, hands-on effort to improve public lands— kidnappings. fighters who made the ultimate sacrifice in in Puerto Rico and in all 50 states and Guam. Mr. Speaker, while the role of the federal service to their communities last year, includ- government in preventing these heinous f ing those lost in the World Trade Center’s dis- crimes is very important, I must also say that aster. Also to be honored are five firefighters WHITE HOUSE CONFERENCE ON I am proud of the efforts that communities from my state of New Jersey who served with MISSING, EXPLOITED, AND RUN- have made. The outpouring of support for the pride and honor and who dedicated their lives AWAY CHILDREN families of those who have lost their children to protect others in their communities. Willie is exceptional. The AMBER Alert system only Barns, George ‘‘June’’ Danielson, Jr., James HON. JIM MATHESON works when the community is involved. A T. Heenan, Alberto Tirado, and Lawrence number of kidnappings were foiled this year OF UTAH James Webb are New Jersey’s fallen heros. specifically because regular citizens paid at- IN THE HOUSE OF REPRESENTATIVES They will be honored for their ultimate acts of tention and helped catch criminals. valor this weekend. My prayers and the pray- Wednesday, October 2, 2002 f ers of New Jerseyans everywhere will be with Mr. MATHESON. Mr. Speaker, today I rise them and their families. LEACH-LAFALCE INTERNET in support of the efforts that the President has GAMBLING ENFORCEMENT ACT Madam Speaker, our firefighters and emer- taken in organizing the White House Con- gency personnel who stand at the ready to ference on Missing, Exploited, and Runaway SPEECH OF protect and help us around the clock deserve Children. As you know, our country has been our support and dedication. Madam Speaker, especially affected by the seemingly large HON. LEE TERRY OF NEBRASKA I urge my colleagues to vote YES on H. Con. number of child abductions over the summer. IN THE HOUSE OF REPRESENTATIVES Res. 476. I am proud to say that I am an original co- f sponsor of Representatives Frost and Dunn’s Tuesday, October 1, 2002 NATIONAL PUBLIC LANDS DAY National AMBER Alert Network Act, which was Mr. TERRY. Mr. Speaker, I rise in strong passed earlier this year by the US Senate. support of H.R. 556, the Unlawful Internet HON. ANI´BAL ACEVEDO-VILA´ Mr. Speaker, over 58,000 children were re- Gambling Funding Prohibition Act. ported missing in 1999 according to the Na- In 1997, there were only 12 illegal Internet OF PUERTO RICO tional Center for Missing and Exploited Chil- gambling sites. Today, there are close to IN THE HOUSE OF REPRESENTATIVES dren. While this number represents only non- 2,000. Testimonies received during Congres- Wednesday, October 2, 2002 family kidnappings, the anguish that parents sional hearings underscored that children and Mr. ANI´BAL ACEVEDO-VILA´ . Mr. Speaker, and loved ones go through when any child be- problem gamblers are the most frequent visi- National Public Lands Day was celebrated comes missing is indescribable. tors to online gaming sites. Financial ruination

∑ 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 02:20 Oct 05, 2002 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A04OC8.000 E04PT1 E1750 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2002 and despair are all too often the results for He is survived by his wife of 55 years, Jean; of Representatives to pay tribute to both an their families. two sons and daughters-in-law, Jerry and outstanding organization, and an outstanding Most Internet gambling sites are based in Brenda Magness of Telephone and David and individual in my hometown of Flint, Michigan. the Caribbean or Central America, beyond the Shirley Magness of Royse City; a daughter, Mott’s Children’s Health Center has been se- reach of the U.S. Justice Department. It is es- Marilyn Ackmann of Fort Worth; six grand- lected as the 2002 Corporate Health Advocate timated that the American market generates children; two great-grandsons; sister Neva of the Year and Gloria R. Bourdon has been up to 60 percent of their revenue. The local Lewis and husband Bob of Lantana, Fla; and selected as the 2002 Individual Health Advo- governments of these jurisdictions are also many other family members. In his last weeks cate of the Year by the American Lung Asso- profiting from online gambling. For example, Royce spent countless hours with members of ciation of Michigan-Genesee Valley Region. the Antigua and Barbuda governments are his family, retelling funny tales and recalling They will be recognized for their achievements now licensing virtual casinos at a cost of many happy memories of a lifetime spent in at the 2002 Health Advocate of the Year $75,000 to $85,000 per site. Telephone, Texas. Awards Dinner on October 30th. While the scourges of gambling addiction Mr. Speaker, Royce was a man of tremen- Mott Children’s Health Center was founded are well known, less understood is the fact dous character and integrity. He loved his that Internet gambling poses a serious threat in 1939 by C.S. Mott to ‘‘serve borderline family, his community, his country, and the medically indigent children of Genesee Coun- to national security. A recent report by the land on which he farmed—and to each of General Accounting Office emphasized the ty.’’ Today they offer a wide array of services these he gave so much of himself. He will be including adolescent services, referral pro- concerns of law enforcement officials that missed by all those who knew him and loved gambling sites can serve as covers for illegal grams, child health strategies, pediatric den- him—but he leaves behind a powerful legacy tistry and school and neighborhood programs money laundering by terrorists and organized that will endure. As we adjourn today, let us crime. for parents, caregivers and their children. do so in memory of this great American, Along with direct services, Mott Children’s Enacting H.R. 556 would give law enforce- Royce Glen Magness. ment officials and bank regulators the nec- Health Center has also played a vital role in essary tools to crack down on illegal Internet f advocating for children’s health issues. Mott gambling. Banks and credit card companies COMMEMORATING 100 YEARS OF Children’s Health Center sponsors a number would be required to block payments to Inter- AAA NORTHWEST OHIO of conferences, workshops, and presentations net casinos and other gaming operations, and all with the health of children as their number accepting payment for illegal online gambling HON. MARCY KAPTUR one priority. transactions would be a crime. Gloria Bourdon began her career in 1987 at OF OHIO Mr. Speaker, I urge my colleagues to join Pinconning Area Schools and Linden Area IN THE HOUSE OF REPRESENTATIVES me in supporting this common-sense legisla- Schools, teaching children the fundamentals of tion to help put a stop to illegal Internet gam- Thursday, October 3, 2002 healthy lifestyles. Through the years since bling for the benefit and protection of Amer- Ms. KAPTUR. Mr. Speaker, I rise to com- then, Gloria has expanded her classroom doc- ican families and businesses. memorate 100 years of AAA Northwest Ohio. trine of healthy living and today she is the Di- f For a century, the company has provided rector of Health, Safety, and Nutrition Services IN MEMORY OF ROYCE MAGNESS quality service to people throughout its region. for the Genesee County Intermediate School Prior to the formation of AAA, a series of District. Her job places her in charge of the HON. RALPH M. HALL small automobile clubs served the 23,000 health of students in 32 public schools, 9 pub- automobile owners across the country. In lic academies, and 14 private schools. OF TEXAS 1902 as more people began to own cars, Through her years of hard work and dedica- IN THE HOUSE OF REPRESENTATIVES these clubs formed into the federation Amer- tion to children, Gloria has received the Gen- Thursday, October 3, 2002 ican Automobile Association, AAA. In that esee County Child Advocacy Award, the Mr. HALL of Texas. Mr. Speaker, I rise same year, fifteen Toledoans came together to Michigan Association of School Boards Health today in memory of a longtime friend and out- form the Toledo Automobile Club, later re- and Safety Award and the Rainmaker Award standing East Texan, Royce G. Magness of named AAA Northwest Ohio. Its first president presented by HealthPlus. Telephone, Texas, who passed away on Au- was Dr. Lewis Liffrin. By 1947 the club boast- Mr. Speaker it is indeed an honor and a gust 30 at the age of 76 after a long illness. ed 10,000 members. Only 15 years later, in privilege for me to urge my colleagues in the Royce was a prominent farmer-rancher who 1962, that number had reached 50,000 and in House of Representatives to join me in paying owned and operated Magness Farms for al- 1989 the milestone of 100,000 members was tribute to the Mott Children’s Health Center, most 50 years, and he was an influential lead- achieved. Today, AAA Northwest Ohio is over and to Gloria R. Bourdon for their years of er in his community. 150,000 members strong. dedication to the health and education of our Royce was dedicated to his vocation and With its mission to offer the community ‘‘ex- most cherished resource on the planet, our was well-respected for his abilities and his ad- ceptional customer service and diverse mem- children. vocacy of farm issues. He was a member of ber benefits along with a commitment to public the Fannin County Farm Bureau since 1964 safety’’ AAA Northwest Ohio strives to put the f and served as president from 1978 to 1983. customer first. The association provides road- He was elected to serve as a Texas Farm Bu- side emergency assistance, a full service trav- RECLAMATION RECREATION reau state director from 1983 to 1988, and in el and insurance agency, and its unique MANAGEMENT ACT OF 2002 1995, he was honored as one of 13 Texas ‘‘triptik’’ maps for travelers. Farm Bureau Pioneer Award winners from I am pleased to recognize the invaluable SPEECH OF across the state. He was named Fannin Coun- service AAA Northwest has provided to its ty Fanner of the Year in 1988 by the Bonham customers, and congratulate its employees HON. JAMES V. HANSEN Area Chamber of Commerce. At his funeral past and present for a century of dedication service, it was written that ‘‘he believed a and commitment to quality. UTAH man’s greatest possession is his dignity and f IN THE HOUSE OF REPRESENTATIVES that no calling bestows this more abundantly than farming . . . He believed that farming, HONORING THE AMERICAN LUNG Tuesday, October 1, 2002 despite its hardships and disappointments, is ASSOCIATION GENESEE VALLEY the most honest and honorable way a man REGION 2002 HEALTH ADVOCATES Mr. HANSEN. Mr. Speaker, I request that can spend his days on this earth.’’ OF THE YEAR the attached letters for H.R. 5460 be sub- Royce was a member of the Telephone mitted for the RECORD under General Leave. Baptist Church, where he served as trustee, HON. DALE E. KILDEE As you know, H.R. 5460 passed the House deacon, Sunday School teacher, and for al- OF MICHIGAN under suspension of the rules on Tuesday, most 30 years as treasurer of the church. He IN THE HOUSE OF REPRESENTATIVES October 1, 2002. These letters are an ex- was a charter member of the Fannin County change between the Committee on Resources Hospital Board, a member of the Fannin Thursday, October 3, 2002 with the Committee on Transportation and In- County Peanut Association and the Forest Mr. KILDEE. Mr. Speaker, I rise today be- frastructure and the Committee on Science, Grove Cemetery Board. fore my colleagues in the United States House concerning the mentioned legislation.

VerDate Sep<04>2002 02:20 Oct 05, 2002 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A03OC8.001 E04PT1 October 4, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1751 U.S. HOUSE OF REPRESENTATIVES, U.S. HOUSE OF REPRESENTATIVES, HOUSES OF WORSHIP POLITICAL COMMITTEE ON TRANSPORTATION COMMITTEE ON RESOURCES, SPEECH PROTECTION ACT AND INFRASTRUCTURE, Washington, DC, October 1, 2002, Washington, DC, October 1, 2002. Hon. SHERWOOD BOEHLERT, SPEECH OF Hon. JAMES HANSEN, Chairman, Committee on Science, Rayburn Chairman, Committee on Resources, Longworth House Office Building, Washington, DC. HON. LEE TERRY Building, Washington, DC. DEAR MR. CHAIRMAN: Thank you for agree- OF NEBRASKA DEAR CHAIRMAN HANSEN: I am writing with ing to allow H.R. 4792, to reauthorize funding IN THE HOUSE OF REPRESENTATIVES regard to H.R. 5460, to reauthorize and for the Water Desalination Act of 1996, and Tuesday, October 1, 2002 amend the Federal Water Project Recreation for other purposes, to be brought to the Act, which was referred to the Committee on Floor of the House of Representatives as part Mr. TERRY. Mr. Speaker, I rise in opposi- Resources on September 25, 2002. This legis- of a larger legislative package dealing with tion to the Houses of Worship Political Speech lation affects programs under the jurisdic- water projects. H.R. 4792, authored by our Protection Act (H.R. 2357). tion of the Transportation and Infrastruc- colleague Mr. Horn, was referred primarily While I am a strong defender of the funda- ture Committee. to the Committee on Resources and addition- mental freedoms of religion and speech, I am ally to the Committee on Science. deeply concerned that H.R. 2357 could have I recognize your desire to bring this bill be- fore the House in an expeditious manner. Ac- It is my intention to include the text of serious unintended consequences. For exam- cordingly, I will not exercise my Commit- H.R. 4792 as one of several amendments to ple, this legislation would allow churches, tee’s right to a sequential referral of the leg- H.R. 5460 and consider the resulting bill on mosques, and synagogues to make hard and islation. By agreeing to waive its consider- the Floor under suspension of the rules this soft money contributions to political cam- week. ation of the bill, however, the Committee on paigns, run issue advocacy advertisements for Transportation and Infrastructure does not By allowing this bill to be scheduled, I and against candidates, and use tax-free do- waive its jurisdiction over H.R. 5460. In addi- agree that the Committee on Science has not nations to sponsor political fundraisers. Simply tion, the Transportation and Infrastructure waived its jurisdiction over the measure, nor by paying their tithing, parishioners could be Committee reserves its authority to seek should this action be taken as precedent for contributing to a political campaign without conferees on provisions of the bill that are other bills. In addition, in the unlikely event their knowledge or consent. This would jeop- within its jurisdiction during any House- that a conference on H.R. 5460 becomes nec- ardize the integrity of religious institutions and essary, I would support the Committee on Senate conference that may be convened on endanger the rights of citizens to choose who Science’s request to be represented on that this legislation. I ask for your commitment conference for those matters within its juris- they will and will not support for public office. to support any request by the Transpor- diction. Finally, I would be pleased to in- Tithes and offerings would be better spent tation and Infrastructure Committee for clude this letter and any response you might feeding the poor and hungry, and helping conferees on H.R. 5460. have in the Congressional Record during de- other disadvantaged members of our society I request that you include a copy of our ex- bate on H.R. 5460. find hope and healing. change of letters in the CONGRESSIONAL Thank you again for your cooperation on The primary mission of houses of worship is RECORD during consideration on the House this matter, and I look forward to seeing to save souls, comfort the afflicted, and uplift Floor. Thank you. H.R. 4792 enacted soon as part of H.R. 5460. and inspire the people. Our Constitution guar- Sincerely, Sincerely, antees the freedom of religion, and the gov- DON YOUNG, JAMES V. HANSEN, ernment specifically exempts religious institu- Chairman. Chairman. tions from taxation in recognition of their cru- cial work. Religious leaders have, since the founding of our country, spoken out on moral U.S. HOUSE OF REPRESENTATIVES, U.S. HOUSE OF REPRESENTATIVES, COMMITTEE ON RESOURCES, COMMITTEE ON SCIENCE, and spiritual issues, serving as the catalyst for Washington, DC, October 2, 2002. Washington, DC, October 1, 2002. the anti-slavery and prohibition movements. I Hon. DON YOUNG, Hon. JAMES V. HANSEN, am extremely concerned that some spiritual Chairman, Committee on Transportation and Chairman, Committee on Resources, U.S. House leaders now feel they cannot adequately ad- Infrastructure, Rayburn House Office of Representatives, Washington, DC. dress moral issues without risking the loss of Building, Washington, DC. DEAR CHAIRMAN HANSEN: On May 22, 2002, their church’s tax-exempt status. I strongly DEAR MR. CHAIRMAN: Thank you for your Mr. Horn introduced H.R. 4792, a bill ‘‘to re- support further investigation into the IRS regu- letter regarding H.R. 5460, to reauthorize and authorize funding for the Water Desalination lations on political speech by tax-exempt orga- amend the Federal Water Project Recreation Act of 1996, and for other purposes,’’ which nizations so a workable and appropriate solu- Act, and for other purposes. As you know, was referred to the Committee on Resources tion can be found. However, H.R. 2357 is not scheduling this bill for Floor consideration in addition to the Committee on Science. It the answer. While churches would be able to was a last-minute decision on the part of our has come to my attention that you intend to participate in political campaigns, involving Leadership, and I apologize for not con- include the text of H.R. 4792 as one of several their parishioners in electioneering and par- sulting with you earlier about this bill and amendments to H.R. 5460. tisan politics would ultimately undermine their its unintended affect on programs within the In deference to your desire to bring this Committee on Transportation and Infra- mission of hope and comfort. legislation before the House in an expedi- Mr. Speaker, I urge my colleagues to join structure’s jurisdiction. Fortunately, when tious manner I will not exercise this Com- the House considered the bill yesterday on mittee’s right to consider H.R. 4792. Despite me in opposing H.R. 2357 and working toward the Floor, we were able to pass it with an waiving its consideration of H.R. 4792, the a more effective and appropriate solution to amendment worked out between our staffs Science Committee does not waive its juris- address the legitimate concerns of religious which should resolve your concerns. diction over H.R. 4792. Additionally, the leaders. Science Committee expressly reserves its au- In response to your letter, I agree that by f thority to seek conferees on any provisions not pursuing a sequential referral of H.R. that are within its jurisdiction during any EXPRESSING SUPPORT FOR GOALS 5460, you did not waive your jurisdiction over House-Senate conference that may be con- AND IDEAS OF DAY OF TRIBUTE the bill. Moreover, in the unlikely event that vened on this or similar legislation which TO ALL FIREFIGHTERS a House-Senate conference should be re- falls within the Science Committee’s juris- quired on H.R. 5460, 1 would support your re- diction. I ask for your commitment to sup- SPEECH OF quest to have Committee on Transportation port any request by the Science Committee and Infrastructure represented on that con- for conferees on H.R. 4792 as included in H.R. HON. STEVE ISRAEL ference for matters within your Committee’s 5460 as well as any similar or related legisla- OF NEW YORK jurisdiction. As requested, I also plan to in- tion. IN THE HOUSE OF REPRESENTATIVES sert both your letter and my response in the I request that you include this letter as Tuesday, October 1, 2002 CONGRESSIONAL RECORD. part of the Record during consideration of Mr. ISRAEL. Mr. Speaker, before I begin, let Thank you again for your cooperation on the legislation on the House floor. Thank this matter and for the good work of Susan you for your consideration and attention re- me start by expressing my heartfelt sympathy Bodine of your staff. garding these matters. for all the families and coworkers of firefighters Sincerely, Sincerely, who so valiantly responded to the call of duty. JAMES V. HANSEN, SHERWOOD L. BOEHLERT, Is there anything more selfless than the brav- Chairman. Chairman. ery of a firefighter fighting to save the life of

VerDate Sep<04>2002 02:20 Oct 05, 2002 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.005 E04PT1 E1752 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2002 others and in doing so losing his own? Their to me that a peaceful, democratic member of in dedication to his calling as a teacher. sacrifice will never be forgotten. the international community has not yet been Throughout his more than 30 years as a This October, the National Fallen Fire- offered membership to the UN. Taiwan is a teacher, he influenced countless young people fighters Foundation, as it has every year since peace-loving country that embraces the core and helped instill in them the importance of its creation by Congress in 1992, will lead a values of democracy—liberty, justice, the rule hard work and of education—and he leaves nationwide effort to remember America’s fallen of law and respect for basic human rights. behind a powerful legacy in Kemp. As we ad- firefighters through a variety of activities. Since Moreover, Taiwan is willing and able to carry journ today, let us do so in celebration of the it began, the National Fallen Firefighters Me- out all UN Charter duties and obligations. With life of this outstanding man—Tyson Barnes. morial Weekend has been an opportunity for a respect to the Chinese mainland, Taiwan has grateful nation to offer a tribute to firefighters repeatedly sought a peaceful settlement to the f who have died in the line of duty. political issues of concern to both countries. In When people come to Washington, DC this recognizing Taiwan’s peaceful intentions, the DR. BENJAMIN REED year, we will celebrate the lives of 442 fire- UN must encourage a dialogue between the fighters from 34 states who made the ultimate two countries. Indeed, granting Taiwan UN HON. MARCY KAPTUR sacrifice. In some way, they have touched all membership would be an important first step OF OHIO our lives. They came from every walk of life, toward permanent peace and stability in the but were united by a calling to serve. For all Taiwan Strait. I urge my colleagues to support IN THE HOUSE OF REPRESENTATIVES of us, including myself, the tragic deaths of the Taiwan’s bid to return to the United Nations. Thursday, October 3, 2002 347 firefighters who rushed into the World f Ms. KAPTUR. Mr. Speaker, it is with great Trade Center towers, give added poignancy to sadness that I rise to recognize the passing this year’s memorial. Even more so because, TRIBUTE TO TYSON BARNES from this life of Dr. Benjamin Reed, Physician forty of these brave men and women called Emeritus of Fulton County, Ohio. Dr. Reed my district home. joined our Creator on August 13, 2002 at the Living in the shadow of the World Center, HON. RALPH M. HALL OF TEXAS age of 80 years. the days after that tragic day were filled with funerals, wakes, and memorial services. Re- IN THE HOUSE OF REPRESENTATIVES Born in West Virginia, Dr. Reed’s grand- father was a country doctor, visiting his pa- membering those difficult days, I know the rest Thursday, October 3, 2002 of the New York delegation shares my appre- tients by horse and buggy. After receiving a ciation to the National Fallen Firefighters Mr. HALL of Texas. Mr. Speaker, it is my teaching degree from Concord College in his Foundation for their efforts to coordinate re- privilege to pay tribute today to the late Tyson hometown of Athens, Dr. Reed entered the sources from across the country to provide lo- H. Barnes, Sr., of Kemp, Texas, who passed United States Army. He served in the Pacific gistic and peer support to the New York Fire away in July at the age of 83. Tyson was a Theatre for three years, receiving both the Department’s Counseling Service Unit after lifelong resident of Henderson and Kaufman Purple Heart Award and a bronze star. After September 11. They mounted an unprece- Counties, a decorated veteran of World War II, his discharge he went to medical school, com- dented response effort to help families and co- a respected and delicated teacher for more pleting, his medical degree in 1950. He then workers through the critical early days and are than 30 years and a beloved member of his decided to open his practice in Fulton County, now providing long-term emotional support for community. serving as Delta’s doctor for 46 years! He the fallen firefighters’ families. Tyson was born March 4, 1919, in Hender- even managed a two year stint as the village’s At the same time, it is important to remem- son County, the son of Robert H. and Lalla mayor. Moving to Wauseon in 1974, Dr. Reed ber that when we remember those who gave Tison Barnes. He graduated from Kemp High served as the medical director of three Fulton their lives, it is not just out of sadness, but it School in 1937 and entered the Army Air County nursing homes while continuing his is also with a sense of pride. In these troubled Corps in 1941, serving 29 months in the Pa- Delta family practice. times they evoke the courage of the American cific as a B-17 and B-24 pilot. His distin- In addition to his medical service to the peo- spirit. And we take comfort in the fact that our guished service resulted in his being awarded ple of Fulton County, Dr. Reed was a commu- firehouses are still filled with brave men and the Distinguished Flying Cross, Air Medal, and nity leader. He was past president of the Ful- women, waiting to answer that call to duty. For a Presidential Unit Citation. ton County Health Center’s medical staff, that we will always be grateful. Mr. Speaker, After the War Tyson returned to Texas and where he served on the Board of Directors for it is my hope that all of our colleagues will received a Bachelors degree from Sam Hous- eighteen years. He was a past president of support this important resolution. ton State Teachers College and later a Mas- both the Fulton County and Northwest Ohio ters degree from East Texas State University. Heart Associations; a member of both the f He was employed by Henderson County Jun- Delta and Wauseon Chambers of Commerce; IN SUPPORT OF TAIWAN’S BID TO ior College for five years and in 1953, he president of the Fulton County Medical Society RETURN TO THE UNITED NATIONS joined the faculty of Kemp High School, where and member of the Toledo Lucas County he taught Vocational Agriculture for 30 years, Academy of Medicine, the Ohio State Medical HON. SHELLEY BERKLEY His legacy includes having taught several fa- Association, the American Medical Associa- thers and sons—and at one point, six of the tion, and the Peer Review Organization in ad- OF NEVADA seven School Board members had been stu- dition to volunteering in several other health IN THE HOUSE OF REPRESENTATIVES dents of his. related programs. All the while, he served Ful- Thursday, October 3, 2002 Tyson was a state president of the Future ton County as coroner for 38 years. Ms. BERKLEY. Mr. Speaker, I rise today to Farmers of America and a long-time member If the measure of a man is the goodwill of support Taiwan’s bid to return to the United of Calvary Baptist Church, where he served as his community, then Dr. Reed was peerless. A Nations. It is my understanding that a number a deacon for many years. Later, he joined the physician in the purest sense of the word, he of member-states have renewed their request First Baptist Church of Kemp. was also a humanitarian, civic-minded, and a that the UN General Assembly reconsider this Tyson is survived by his wife, Marie Barnes; man of faith. He was well known and beloved legitimate and timely request. Taiwan is a vi- daughter and son-in-law Marsha and Bill by everyone, and his life touched countless brant multiparty democracy that serves as a Walsh; son Tyson Barnes, Jr., brother John people through the years. Those whom he beacon of hope to East Asia’s population— W. Barnes; grandchildren Braden and Bren- met were made better for having known him. most of which lives under the tyranny of au- nan Barnes; a niece and nephew; four great Our condolences turn now to his wife Penny thoritarian regimes. As the world’s oldest and nieces and two great-great nieces. He was and their children David, Tom, and Nancy, and most enduring democracy, the United States preceded in death by his first wife, Frances grandchildren Peter and Molly. May their love has an obligation to voice its strong support Bland Barnes; brother Leslie Barnes; and sis- for this truly great yet humble man sustain for Taiwan’s 23 million people to be rep- ters-in-law Alma Barnes and Doris Barnes. them in their loss while memories offer some resented in the UN. In just five decades, Tai- Mr. Speaker, Tyson was a longtime friend of small comfort. May it hearten those grieving wan has transformed herself into an estab- mine who distinguished himself in all that he Dr. Reed’s passing to know that the legacy he lished democracy as well as one of East did—in his service to our Nation in times of carefully built over nearly half a century will go Asia’s economic ‘‘Tigers.’’ It is inconceivable war, in devotion to his family and community, on.

VerDate Sep<04>2002 02:20 Oct 05, 2002 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A03OC8.008 E04PT1 October 4, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1753 HONORING WILLIAM LUCY CENTRAL NEW JERSEY CELE- my state of Nebraska, who pay the marriage BRATES 23 YEARS OF DEDI- penalty every year. But, it doesn’t cost the fed- CATED PASTORAL SERVICE OF eral government anything. HON. BARBARA LEE BISHOP JEROME S. WILCOX AND If we fail to work to make provisions of FIRST LADY ELDER MAE E. President Bush’s tax cut permanent, the OF CALIFORNIA WILCOX American taxpayers will experience the single IN THE HOUSE OF REPRESENTATIVES greatest tax increase in U.S. history: more than $380 billion in the year 2012. Thursday, October 3, 2002 HON. RUSH D. HOLT OF NEW JERSEY Mr. Speaker, this tax is unfair, unnecessary, Ms. LEE. Mr. Speaker, I rise today to honor IN THE HOUSE OF REPRESENTATIVES and wrong. It defies American morals, it defies William Lucy for his lifetime of pioneering work logic, and it flies in the face of family values. Thursday, October 3, 2002 Let’s bring some common sense back to our in the labor community. Mr. HOLT. Mr. Speaker, I rise today to rec- tax code. Vote for this legislation. William ‘‘Bill’’ Lucy was a native of Memphis ognize and honor the commitment of bishop f before he came out west to attend the Univer- Jerome S. Wilcox and First Lady Elder Mae E. sity of California, Berkeley. A civil engineer by Wilcox to their congregants at Grace Cathe- HONORING MAXIE WALKER WILSON trade, Lucy was an assistant materials and re- dral Fellowship Ministries and to the extended search engineer for Contra Costa County, community of central New Jersey. California. In 1965, he became President of From his call to service 35 years ago, HON. RALPH M. HALL AFSCME Local 1675, Contra Costa County Bishop Wilcox has taken a church of thirteen OF TEXAS members and, through hard work and God’s IN THE HOUSE OF REPRESENTATIVES Employees. Lucy joined the AFSCME Inter- blessings, expanded his congregation to well Thursday, October 3, 2002 national staff in 1966 as the Associate Director over five hundred. of the Legislation and Community Affairs De- His call to the assistance of others was ex- Mr. HALL of Texas. Mr. Speaker, I am hon- partments before serving as Executive Assist- hibited even earlier than his establishment of ored today to pay tribute to a longtime friend ant to AFSCME’s late president, Jerry Wurf. the then entitled Grace Cathedral First Bom and a prominent member of the Overton, Texas, community, Maxie Walker Wilson, who Bill Lucy was elected International Sec- Church in 1979. Previously, he served his passed away in June of this year at the age retary-Treasurer, the second-highest ranking community as a Vice Principal of a local public school, even then excelling as a mentor and of 85. Walker was active in various projects officer, of the 1.3 million member American role model. throughout his life and was well-known as a Federation of State, County and Municipal In addition to Grace Cathedral, Bishop cattle rancher, breeder and importer who trav- Employees (AFSCME), AFL–CIO in May Wilcox continues his good work in the greater eled throughout the world in search of cattle. 1972. Lucy has since been re-elected every central Jersey area with the Covenant Part- As a result of his extensive travel, Walker four years, most recently in 2000, resulting in ners Association of Trenton New Jersey and was instrumental in improving the importation a tenure in office of more than 30 years the Surrounding Areas, with the Concerned process of foreign cattle breeds to the United States and the building of a quarantine station In addition to his position at AFSCME, Lucy Pastors, and with the Township Commission. in the Florida Keys by the United States De- is an important leader of the AFL–CIO. In Oc- The service to Central New Jersey per- formed by Bishop and First Lady Elder Wilcox partment of Agriculture. He served in various tober 1995, Lucy was named a member of the is impressive and commendable and I am capacities for many cattle breed associations, AFL–CIO Executive Council and is vice presi- proud to rise here today in their honor. including president of the American Inter- dent of the Maritime Trades Department and f national Charolais Association, president of Department for Professional Employees. the American Charbray Association, director of SENSE OF HOUSE THAT CONGRESS International affairs are of special interest to the Texas Charolais Breeders Association, di- SHOULD COMPLETE ACTION ON Bill. In November 1994, Lucy became the rector of the Bluebonnet Charolais Association H.R. 4019, PERMANENT MAR- and a founding member of the East Texas president of Public Services International, the RIAGE PENALTY RELIEF ACT OF Farm and Ranch Club. world’s largest union federation. He also 2002 Walker was a prominent leader of the serves on the boards of directors for the Africa Overton community. He served on the Overton America Institute, Americans for Democratic SPEECH OF School Board for six years and was president Action and the Center for Policy Alternatives. HON. LEE TERRY for a two-year term. He was active in the Boy He is a founder and the president of the Co- OF NEBRASKA Scouts of America and the East Texas Area alition of Black Trade Unionists (CBTU), an or- IN THE HOUSE OF REPRESENTATIVES Council and in 1960 received the Silver Bea- ganization of union leaders and rank-and-file ver Award for outstanding service to the Boy Wednesday, October 2, 2002 Scouts. As a member of the Overton Chamber members dedicated to the unique needs of Af- Mr. TERRY. Mr. Speaker, last May 26, I of Commerce, he was selected as ‘‘Out- rican Americans and minority group workers. voted with 239 of my colleagues to scrap the standing Citizen of the Year’’ in 1964. He was His devotion to the idea of staying within the marriage penalty once and for all. We didn’t also a member of the Overton Rotary Club African American Community has now opened vote to phase it out over ten years and then and a lifelong member of the First United many doors to the ranks of union leadership bring it back; we voted to get rid of it. Why? Methodist Church, where he served on many for the next generation which is comprised of Because, above all, our tax code must be fair. committees. all ethnic backgrounds. Is it fair to tax marriage? Is it fair to tell a Walker’s favorite pastime was the game of In a nation with such a critical need for in- young couple on the event of marriage that, golf. He was active in the Overton Golf Asso- aside from paying for the invitations, caterer, ciation for many years and assisted in the de- creased minority leadership and representa- photographer, music, and reception hall, they’ll velopment of the Overton Community Golf tion in the unions, William Lucy is the highest have to pay an additional $1400 in taxes Course. He also was an avid quail hunter, a ranking African-American labor leader in the every year? What kind of message are we sport he enjoyed with his sons and close nation and innovative founder of several Afri- sending to the American people when we can friends. can American union councils. His is an exam- afford wasteful spending like tattoo removal Walker is survived by his wife of 64 years, ple that continues to lead the mission in pro- programs, but are not willing to invest in mar- Winifred Wilson; sons and daughters-in-law moting unionized workplaces, as well as pro- riage? Well, how’s this for bringing home pork: Weir and Susan Wilson of Fort Worth, Dr. viding and maintaining positive role models for phasing out the marriage penalty once and for Steve and Charlotte Wilson of Tyler, and Barry inner city youth in these troubled times. all will return $81.2 million to the 58,000 cou- and Pat Wilson of Big Spring; four grand- ples in the Second District of Nebraska. That children and three great-grandchildren. I take great pride in joining Bill Lucy’s way, they can spend their money the way they Mr. Speaker, Walker was one of those men friends and colleagues today to salute the ex- want. who dreamed big and worked hard to make traordinary William Lucy. I keep hearing from the other side of the those dreams come true. He was always ac- aisle that tax cuts cost money. Who does it tive in his business, in his community, and cost? It certainly costs the 175,000 couples in with his family, and he will be sorely missed.

VerDate Sep<04>2002 02:20 Oct 05, 2002 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.015 E04PT1 E1754 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2002 I am grateful that he was my friend, and it is mitted activist and Christian. May he guide UNREALISTIC CAPITAL GAINS a privilege today to join his family and many them and us from above on our journey for- TAXES friends in celebrating the life of this great ward. Texan, Walker Wilson. HON. JOHNNY ISAKSON f f OF GEORGIA IN THE HOUSE OF REPRESENTATIVES REVEREND FRANK MUSGRAVE NATIONAL COMMUNITY EDUCATION DAY Thursday, October 3, 2002 HON. MARCY KAPTUR Mr. ISAKSON. Mr. Speaker, the American OF OHIO economy is sluggish, the Stock Market is at a IN THE HOUSE OF REPRESENTATIVES HON. DALE E. KILDEE six year low, and consumer confidence is de- clining. All this is happening in an environment Thursday, October 3, 2002 OF MICHIGAN of low inflation, historically low interest rates, Ms. KAPTUR. Mr. Speaker, I rise today in IN THE HOUSE OF REPRESENTATIVES and unemployment rate under six percent. tribute to a man whose life embodied the living What is wrong? Gospel, the Reverend Frank Musgrave. Rev- Thursday, October 3, 2002 Our problem is capital held hostage by op- erend Musgrave, of Toledo, Ohio, passed from pressive and unrealistic capital gains taxes. this life on Tuesday, September 10, 2002. A Mr. KILDEE. Mr. Speaker, ‘‘Partners-In Community Education,’’ is the theme of the Today in America billions of dollars sit idle that personal friend, Reverend Musgrave was a would be otherwise available for investment 20th Annual National Community Education true servant and legendary figure of ministry were it not for capital gains taxes. Average Day to be observed in my hometown of Flint and service whose love extended to our com- Americans have mature stock, bond or real munity as well as his church. and across the nation on October 10, 2002. estate investments they would love to sell and A Baltimore native, Frank Musgrave served Sponsored by the National Community Edu- reinvest their gain. This reinvestment would four years in the Army Air Corps, then went on cation Association (NCEA), this special day stimulate the economy, improve the stock to pursue his degree in early childhood edu- was conceived in 1982 to recognize and sup- market, and create jobs. cation. He met his wife Jane while both were We should join the rest of the world and re- students at Johns Hopkins University. Rev- port strong relationships between communities and public schools and community colleges duce or eliminate capital gains taxes. Such a erend Musgrave attended the Episcopal Theo- suggestion raises the ire of many liberals who logical School in Cambridge, Massachusetts that serve them. NCEA believes that it is cru- cial to highlight the positive impact community immediately would say such a cut would only and was ordained in 1952. His first assign- help the rich, raise the deficit, and hurt the education programs play in building commu- ment was St. Mark’s Episcopal Church in To- poor. I don’t believe that for a moment. The nity through parents and community involve- ledo, where he remained until his 1991 retire- facts are that 70 percent of the American peo- ment. Even after retiring, he continued ministry ment, lifelong learning and the establishment ple are investors not just the rich. Deficit in- on a part-time basis in churches in Fostoria of partnerships with other organizations. creases would be minimal since current rev- and Monroeville, Ohio and later at St. Mark’s Community Education Day 2002: ‘‘Part- enue projections from capital gains are low Episcopal Church in Toledo. He served the ners—In Community Education’’ emphasizes due to the economy. The poor would benefit Episcopal diocese as well, as youth chaplain the importance of partnerships and collabora- because the economy would improve and job and examining chaplain for new clergy. growth would begin. Fervently ecumenical, Reverend Musgrave tion by community education programs to positively impact the lives of children, youth, Mr. Speaker, let us free the capital held served on the Toledo Ministerial Association hostage by capital gains taxes. I am so con- and the Toledo Area Council of Churches as families and communities. In keeping with the theme of National Community Education Day fident that a repeal of the capital gains tax president and past president of the organiza- would immediately stimulate the economy, NCEA has partnered with the After School Alli- tions. An ‘‘outstanding ecumenist who was create jobs and restore consumer confidence, ahead of his time’’ according to one associate, ance, sponsor of Lights On Afterschool! to I would be willing the sunset the repeal in Reverend Musgrave would say, ‘‘. . . if the present both celebrations on October 10th. three years. Why, because I believe the suc- good Lord came down and put us all in a bag, NCEA hopes that this joint observance will cess would be so dramatic, Congress would shook it up, and rolled us out, we wouldn’t draw attention to the importance of community never allow the capital gains tax to return. know who we were anyway.’’ He was very education programs not only in the lives of f much a leader in the early years of the ecu- adults, families and communities, but as well menical movement, and remained a visionary as the need for more after school programs IN RECOGNITION OF THE for ecumenism. He is credited with starting To- across the country. FLOODWALL MURAL PROJECT IN ledo’s ecumenical Feed Your Neighbor Pro- PORTSMOUTH, OHIO gram, a comprehensive network of area Our children need a safe and nurturing churches providing groceries for those of our place to go after school. Our community mem- HON. ROB PORTMAN own community who do not have enough to bers need opportunities to learn, grow and en- OF OHIO eat. rich their lives. Adult education, GED, ESL, A real labor minister, Reverend Musgrave early childhood education, after school pro- HON. TED STRICKLAND was long a member of the Toledo Labor Man- grams and enrichment programs for all ages OF OHIO agement Citizen’s Committee, and served as are partners in community education and are IN THE HOUSE OF REPRESENTATIVES the organization’s chair from 1975 to 1993. celebrated as integral parts of community edu- Thursday, October 3, 2002 His voice of reason, coupled with tenacious- cation programming. ness and passion marked his tenure, as Rev- Mr. PORTMAN. Mr. Speaker, we are erend Musgrave guided the Committee into Community education multiplies the richness pleased to rise today to congratulate the peo- the cooperative entity which has become its of after school programs and opens the doors ple of Portsmouth, Ohio, who will gather for hallmark. of schools buildings to everyone as it serves the celebration and dedication of the Floodwall Reverend Musgrave lived out Christ’s teach- all ages in the community. National Commu- Mural Project on Saturday, October 5, 2002. ings by zealously pursuing social justice and nity Education Day 2002 is co-sponsored by In 1992, Dr. Louis R. Chaboudy, a lifetime never backing down on his principles. His over 36 organizations, including the After- resident of Portsmouth, Ohio, looked at ways heart was with those among us most vulner- school Alliance, the Children’s Defense Fund, to change the massive Portsmouth floodwall able, and he never lost sight that true Chris- the Council of Chief State School Officers, the along the Ohio River from a grim reminder of tian ministry served all people. Our community National PTA, the National Assembly of Health flood and destruction to something positive. has been privileged to call him a true and en- and Human Service Organizations, and the After a visit to Steubenville, another Ohio River Setting outdoor murals, he envisioned during friend. U.S. Department of Education. As he joins our Creator, he leaves to this murals depicting local history painted on the earth his wife Jane and their children Amy and Mr. Speaker, I ask my colleagues in the massive concrete wall in Portsmouth. Jane, his brother and grandchildren. May they U.S. House of Representatives to join me in To bring this vision to fruition, Dr. and Mrs. find comfort in the memory of this gifted and calling attention to National Community Edu- Chaboudy contacted local elected officials and wonderful priest, family man and friend, com- cation Day. community leaders, outlining the project and

VerDate Sep<04>2002 02:20 Oct 05, 2002 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.015 E04PT1 October 4, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1755 encouraging a trip up river to Steubenville to for their future and steers them in a positive U.S. CONGRESS, view the murals to investigate the possibility direction. I commend Ms. McNeely for her CONGRESSIONAL BUDGET OFFICE, for such a project in Portsmouth. On the return dedication to providing the students with a Washington, DC, September 30, 2002. Hon. JAMES V. HANSEN, trip, the decision was made to go forward with memorable educational experience in the field Chairman, Committee on Resources, House of the project. An informal committee was orga- of social studies and congratulate her on Representatives, Washington, DC. nized in 1992 to begin fundraising efforts and being named ‘‘National Elementary Social DEAR MR. CHAIRMAN: The Congressional select a muralist. Studies Teacher of the Year.’’ Budget Office has prepared the enclosed cost Given the scope of the project, the selection estimate for H.R. 5125 Civil War Battlefield of a muralist was of utmost importance. Rob- f Preservation Act of 2002. If you wish further details on this esti- ert Dafford of Layfayette, Louisiana was highly THE 42ND ANNIVERSARY OF THE mate, we will be pleased to provide them. recommended for his work on a similar project INDEPENDENCE OF THE REPUB- The CBO staff contact is Deborah Reis. in Chemanius, Vancouver Island, Canada. Mr. LIC OF CYPRUS Sincerely, Dafford was commissioned for the project, and BARRY B. ANDERSON work on the first mural—the longest of the (For Dan L. Crippen, Director). project at 20 feet high and 160 feet long— HON. SHELLEY BERKLEY Enclosure. began in May, 1993. OF NEVADA H.R. 5125—Civil War Battlefield Preservation A total of 44 beautiful murals depict the his- IN THE HOUSE OF REPRESENTATIVES Act of 2002 Summary: H.R. 5125 would establish a new tory of Portsmouth, ranging from early inhab- Thursday, October 3, 2002 itants, the Mound Builders, to early settlement grant program to assist state and local gov- ernments in acquiring eligible Civil War bat- of the area. The murals highlight historical Ms. BERKLEY. Mr. Speaker, I rise today to observe the 42nd anniversary of the Republic tlefield sites. The bill would require the Na- events, locations, and structures, and include tional Park Service (NPS) to update a 1993 notable individuals and businesses in the com- of Cyprus. Despite the political tensions be- report on Civil War battlefield protection to munity. tween the Greek Cypriots and the Turkish reflect recent preservation activities, Mr. Speaker, the Floodwall Mural Project is Cypriots that have taken place since its inde- changes in battlefield conditions, and other a dream come true, presenting the Portsmouth pendence in 1960, the Government of the Re- developments. Finally, the bill would au- public of Cyprus remains committed to the thorize the appropriation of $0.5 million to community with a wonderful visual history of a update the report and $10 million a year for great city, and creating an attraction for out-of- core values enshrined in the Cyprus Constitu- tion guaranteeing basic rights and freedoms grants over the 2002–2008 period. town visitors. The project is an excellent ex- Assuming appropriation of the authorized ample of how a community can come together for all its citizens. This year, Independence amounts, CBO estimates that the NPS would to make a difference, and we hope our col- Day comes at a time of great hope for the spend $17 million over the next five years to leagues will join us in congratulating the com- people of Cyprus. In particular, we have made implement H.R. 5125. An additional $34 mil- munity of Portsmouth on a job well done. significant advances in U.S.-Cyprus relations, lion would be spent for this purpose after and Cyprus is a leading candidate for Euro- 2007, including $10 million authorized to be f pean Union membership during the EU’s next appropriated for 2008. H.R. 5125 contains no intergovernmental or LOCAL TEACHER JEAN McNEELY enlargement round. Both chambers of Con- gress have passed resolutions expressing the private-sector mandates as defined in the NAMED NATIONAL ELEMENTARY Unfunded Mandates Reform Act (UMRA) and SOCIAL STUDIES TEACHER OF Sense of Congress that security, reconcili- would impose no costs on state, local, or THE YEAR ation, and prosperity for all Cypriots can best tribal governments. Enacting H.R. 5125 be achieved through EU membership. How- would benefit state and local governments ever, Cyprus’ Independence Day is also that would be eligible for grant funds. Any HON. LARRY COMBEST clouded by territorial disputes with Turkey. De- costs incurred by these governments to com- OF TEXAS spite Turkish violations of UN Security Council ply with the conditions of this assistance would be voluntary. IN THE HOUSE OF REPRESENTATIVES resolutions, Cyprus remains committed to achieving a peaceful resolution through UN- Estimated cost to the Federal Govern- Thursday, October 3, 2002 ment: The estimated budgetary impact of sponsored negotiations. Immediately after the H.R. 5125 is shown in the following table. The Mr. COMBEST. Mr. Speaker, I rise today to September 11th terrorist attacks, Cyprus was costs of this legislation fall within budget commend Ms. Jean McNeely from my home among the first nations to express its solidarity function 300 (natural resources and environ- town of Lubbock, Texas for her tremendous with the U.S. Cyprus has taken many concrete ment). For this estimate, CBO assumes that contributions to educate children and improve and active steps to target the perpetrators, the $0.5 million authorized for the battlefield our community, The National Council for the collaborators, and financiers of terrorism—and report will be appropriated for 2003 and that Social Studies recently named her the ‘‘Na- the relationship between Cyprus and the U.S. the $10 million for grants will be appro- tional Elementary Social Studies Teacher of is strong and enduring. Mr. Speaker, I want to priated for each year authorized through 2008. Outlays are estimated on the basis of the Year.’’ This award recognizes Ms. congratulate the Republic of Cyprus on this historical spending patterns for other land McNeely’s commitment to students and her 42nd anniversary of its independence. acquisition grants. dedication to providing them a memorable educational experience in the field of social f By fiscal year, in millions of dollars— studies. CIVIL WAR BATTLEFIELD 2003 2004 2005 2006 2007 ‘‘National Elementary Social Studies Teach- PRESERVATION ACT OF 2002 CHANGES IN SPENDING SUBJECT TO APPROPRIATION er of the Year’’ is the highest honor that the Authorization level ...... 1 10 10 10 10 National Council for the Social Studies can SPEECH OF Estimated outlays ...... 1 1258 present to an elementary educator. Founded in 1921, the National Council for the Social HON. JAMES V. HANSEN Intergovernmental and private-sector im- pact: H.R. 5125 contains no intergovernment Studies is the largest association in the coun- OF UTAH try devoted solely to social studies education. or private-sector mandates as defined in IN THE HOUSE OF REPRESENTATIVES UMRA and would impose no costs on state, It boasts a membership of over 26,000 indi- Tuesday, October 1, 2002 local, or tribal governments. Enacting H.R. vidual and institutional members from the 5125 would benefit state and local govern- United States and around the world. Ms. Mr. HANSEN. Mr. Speaker, I request that ments that would be eligible for grant funds. McNeely will be presented with her award in the attached cost estimate for H.R. 5125 be Any costs incurred by these governments to the presence of her colleagues at the Coun- submitted for the RECORD under General comply with the conditions of this cil’s Annual Convention this November. Leave. assisstance would be voluntary. As a teacher at the All Saints Episcopal As you know, H.R. 5125 passed the House Estimate prepared by: Federal costs: Debo- rah Reis; impact on state, local, and tribal School in Lubbock, Ms. NcNeely’s motivation under suspension of the rules on Tuesday, governments: Majorie Miller; impact on the has inspired and encouraged students to pur- October 1, 2002. At the time of passage, the private sector: Lauren Marks. sue their dreams over the years. She is the Committee on Resources had not yet received Estimate provided by: Peter H. Fontaine, kind of teacher that makes leaming fun and a cost estimate from the Congressional Budg- Deputy Assistant Director for Budget Anal- exciting. She helps set her students on a path et Office for this piece of legislation. ysis.

VerDate Sep<04>2002 02:20 Oct 05, 2002 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A03OC8.019 E04PT1 E1756 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2002 PERSONAL EXPLANATION rently exhausting all of their Federal benefits visionary expectations for his father’s bank, before finding work. By the end of August, Lincoln State Bank thrived and expanded from HON. DOUG BEREUTER 135,000 New Yorkers depleted their unem- Lincoln Village, the Basilica’s neighborhood, to OF NEBRASKA ployment benefits and without timely action by branch into the rest of the state of Wisconsin IN THE HOUSE OF REPRESENTATIVES this Congress—this number is certain to rise. under Mike’s presidency. New York, in particular, is struggling with an Just as St. Francis returned to his home- Thursday, October 3, 2002 unemployment crisis that rates among the se- town to perform charity among the sick and Mr. BEREUTER. Mr. Speaker, on Sep- verest in the country. Over 550,000 New York- through restoring churches, Mike has also put tember 26, 2002, this Member unavoidably ers are out of work today. Mr. Speaker, in his Catholic values into action by serving on missed rollcall vote No. 423 (final passage of Western New York, the unemployment situa- various healthcare boards of directors and the H.J. Res, 111, making continuing appropria- tion is particularly terrible as evidenced by the voluntary organization responsible for the tions for fiscal year 2003). Had this Member 5.1 percent unemployment rate in Rochester beautiful restoration of the Basilica of St. been present, he would have voted ‘‘aye.’’ and 5.5 percent in the Buffalo-Niagara Falls Josaphat. The same enthusiasm and skill he f area. Mr. Speaker, certainly Rochesterians, as has shown in the business community has well as residents throughout Western New benefited the philanthropic community and the HONORING THE RETIREMENT OF York, are acutely sensitive to their vulnerability Milwaukee area as a whole. WILLIAM MCSHANE to economic despair, triggered by the loss of The patron saint of ecologists, St. Francis of a good job. Assisi was often depicted outdoors surrounded HON. GARY L. ACKERMAN Mr. Speaker, since the beginning of the cur- by wildlife. During time away from the office, OF NEW YORK rent recession, long-term unemployment has Mike, an avid outdoorsman, can often be IN THE HOUSE OF REPRESENTATIVES increased faster than any part of the past 5 re- found at his lake home in Hayward, Wis- Thursday, October 3, 2002 cession. In fact, the percentage increase in consin, where he has shared his passions for workers that exhausted regular 13 weeks of hiking, fishing and outdoor pursuits with his Mr. ACKERMAN. Mr. Speaker, I rise today benefits has risen 121 percent between 2000 wife Jan and children Michelle and Joe. to honor Mr. William McShane, on the occa- and 2002. Mr. Speaker, if our economy is in It has been documented that thousands sion of his retirement, from the Suffolk County recovery, it is certainly a ‘‘jobless one.’’ Com- Board of elections. ‘‘were drawn to [St. Francis of Assisi’s] sin- panies did not add workers in September. cerity, piety, and joy.’’ As the 2002 Honoree of For the past 30 years, Mr. McShane has Mr. Speaker, the debate today should be the Franciscan Hope Award, Michael Murry tirelessly devoted himself to public service. He over how to respond to the needs of the 1.5 has proven himself an embodiment of St. has most recently served as the campaign fi- million jobless Americans who have already Francis’s characteristics and deserving recipi- nance director of the Suffolk County Board of exhausted their Federal unemployment bene- ent of this great honor. Elections. Previously, Mr. McShane worked for fits, and to hundreds of thousands of other a member of the legislature before running for workers who will exhaust their benefits in the Congratulations, Mike! office himself. coming months. My colleague, Mr. RANGEL, in- Mr. McShane is a veteran of the Army Air troduced legislation, H.R. 5491, that would ex- f Force who has served both his country and tend temporary federal unemployment assist- IN CELEBRATION OF THE 50TH AN- the state of New York well. As a Bronx native, ance for an additional six months, through NIVERSARY OF THE EAST OR- the former owner of a small business in Nas- June 30, 2003. This measure would ensure ANGE CAMPUS OF THE DEPART- sau County and a longtime member of the that workers in every State are eligible for 26 MENT OF VETERANS AFFAIRS Deer Park Community, Mr. McShane em- weeks of extended unemployment benefits. In bodies the true spirit of a New Yorker. States with high unemployment, like New His professional achievements are more York, workers would receive an additional 7 HON. RUSH D. HOLT than matched by his personal success. His weeks of benefits. Inaction by this Congress OF NEW JERSEY lovely wife, Anne, is a retired school teacher. risks the economic security of some 3 million IN THE HOUSE OF REPRESENTATIVES Together, they raised 5 beautiful children and workers and their families in the next five have been blessed with six amazing grand- months. Thursday, October 3, 2002 children. For these reasons, Mr. Speaker, I strongly Mr. HOLT. Mr. Speaker, I rise today to rec- I am proud to recognize such an accom- urge the Congress listen to the needs of grow- ognize the 50th anniversary of East Orange plished individual and commend Mr. McShane ing numbers of Americans undergoing real Campus of the Department of Veterans Affairs for his dedication and service to his commu- economic hardship and act to extend tem- New Jersey Health Care System. nity. I ask my colleagues in the House of Rep- porary unemployment assistance. The East Orange Campus has served those resentatives to please join me in wishing Wil- f liam McShane many years of success as he who have served us all. For more than 50 celebrates his well deserved retirement. MICHAEL MURRY HONORED AS 2002 years now, veterans from throughout New Jer- sey have received quality medical, surgical, f FRANCISCAN HOPE AWARD RE- CIPIENT and psychiatric care at the East Orange Cam- SENSE OF HOUSE THAT CONGRESS pus. SHOULD COMPLETE ACTION ON This institution provides more than just care H.R. 4019, PERMANENT MAR- HON. GERALD D. KLECZKA for our veterans, however; as a leading teach- OF WISCONSIN RIAGE PENALTY RELIEF ACT OF ing and research institution, the East Orange 2002 IN THE HOUSE OF REPRESENTATIVES Campus has helped train New Jersey doctors, Thursday, October 3, 2002 nurses, and other healthcare providers while SPEECH OF Mr. KLECZKA. Mr. Speaker. On Sunday, conducting pioneering work in areas such as HON. LOUISE McINTOSH SLAUGHTER October 13, 2002, Milwaukee businessman, infectious disease, cardiovascular disease, and gulf war related illnesses. OF NEW YORK philanthropist and my friend, Michael J. Murry, I believe we have a responsibility to care for IN THE HOUSE OF REPRESENTATIVES will be honored as this year’s Franciscan Hope Award Honoree at St. Josaphat Basili- the brave men and women who served this Wednesday, October 2, 2002 ca’s annual Loaves and Fishes Gala. nation, helping to win in war and preserve the Ms. SLAUGHTER. Mr. Speaker, I rise to ex- Similar to the namesake of the Franciscan peace. Providing for their healthcare is the press my deep disappointment that the House order, St. Francis of Assisi, Mike was also least we can do to honor their sacrifice. In this Leadership has turned a deaf ear to the con- born the son of a prominent entrepreneur. way, the East Orange Campus has delivered cerns that preoccupy Americans. Among the Growing up in the shadows of the Basilica, he on that responsibility, that promise, for more chief concerns voiced by my constituents, in was first introduced to the world of banking than 50 years. addition to the high cost of prescription drugs through his father, a former president of Lin- Therefore, Mr. Speaker, again, I rise to cele- and the need to protect their retirement sav- coln State Bank. brate the East Orange Campus. I ask my col- ings, is the need to extend temporary federal After attending college and serving his leagues to join me in recognizing the 50 years unemployment assistance. Over 60 percent of country in the Air Force, Mike returned to Mil- of service and care delivered by the East Or- workers receiving extended benefits are cur- waukee. Through his diligent hard work and ange Campus.

VerDate Sep<04>2002 02:20 Oct 05, 2002 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A03OC8.022 E04PT1 October 4, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1757 HONORING JOHN JENKINS’ 20 perintendent of the San Dieguito Union High to America and we will continue the global YEARS OF SERVICE TO PRINCE School District is Peggy Lynch. campaign to uproot the terrorist cells and bring WILLIAM COUNTY, VA Madison Middle School, Oceanside, CA. them to justice. Through the efforts of the cou- The principal is Mrs. Theresa Ketchem-Grace, rageous and dedicated men and women in our HON. TOM DAVIS and the superintendent of the Vista Unified Armed Forces, I am confident that we will pre- OF VIRGINIA School District is Dave Cowles. vail in this fight. IN THE HOUSE OF REPRESENTATIVES Valley Middle School, Carlsbad, CA. The f principal is Dr. Kim Marshall, and the super- Thursday, October 3, 2002 intendent of the Carlsbad Unified School Dis- RECOGNITION OF STATE SENATOR Mr. TOM DAVIS of Virginia. Mr. Speaker, I trict is Cheryl Ernst. LARRY ROHRBACH would like to take this opportunity to pay trib- The National Blue Ribbon Schools program ute to John Jenkins, who has dedicated 20 evaluates schools based upon their effective- HON. SAM GRAVES years of his life to Dale City and Prince Wil- ness in meeting local, state and national edu- OF MISSOURI liam County as Neabsco District Supervisor. cational goals. In 2002, 172 middle and sec- IN THE HOUSE OF REPRESENTATIVES John Jenkins began serving on the Prince ondary schools are being recognized as Na- Thursday, October 3, 2002 William County Board of Supervisors in 1982 tional Blue Ribbon Schools, including the three as the representative of the Neabsco Magiste- above in California’s 51st Congressional Dis- Mr. GRAVES. Mr. Speaker, I rise today to rial District. He has served two terms as trict, and 30 in the State of California. Blue recognize State Senator Larry Rohrbach of the Chairman of the Northern Virginia Planning Ribbon status is awarded to schools that have 6th senatorial district of Missouri. Senator District Commission, two terms as State Presi- strong leadership, clear vision and mission, Rohrbach has served the Missouri State Leg- dent of the Virginia Association of Planning excellent teaching and curriculum, policies and islature for 18 years. He was first elected to District Commission, and one term as State practices that keep the schools safe for learn- the State House in 1982 and then to the State President of the Virginia Association of Coun- ing, expanded involvement of families, evi- Senate in 1990. ties. Additionally, he has taken on a wide vari- dence that the school helps all students Senator Rohrbach has served his constitu- ety of Board assignments, including but not achieve high standards, and a commitment to ents well, representing them as chair of the In- limited to the following: member of the Envi- share best practices with other schools. surance and Housing Committee and Vice ronmental Quality Policy Committee, Tele- I am immensely proud of the men and Chair of the Appropriations, Interstate Co- communications and Utilities Committee, and women whose outstanding and tireless work in operation, and Ways and Means Committees the Northern Virginia Transportation Coordi- the interest of better education has now been as well as a Member of the Agriculture, Con- nating Committee. recognized through the National Blue Ribbon servation and Parks and Tourism Committees. Beyond the sterling example he sets for his Schools program. This is particularly close to Senator Rohrbach has always been a three children and fourteen grandchildren, Su- my heart, because, as a former teacher and champion of the people. He has continuously pervisor Jenkins is no stranger to community coach, and as a father, one of my passions is proven himself as the taxpayers’ watchdog service. As a participant in numerous civic or- improving education so that every American and a fiscal conservative. Too many legisla- ganizations, including the Veterans of Foreign can have a fighting chance to achieve the tors gauge their success on the volume of leg- Wars, American Legion, Disabled American American Dream. islation that they have passed; however, Sen- Veterans, Dale City Civic Association, Board And while these three schools in my district ator Rohrbach’s most impressive legislative of Directors Prince William County Boys and have now been recognized as National Blue accomplishments are the numerous pieces of Girls Club, Chamber of Commerce, Dale City Ribbon Schools, the real winners are all of the weak legislation that he has fought to defeat Lions Club, Salvation Army Advisory Board children, parents, teachers, and citizens who while serving the people of the 6th Senatorial and numerous other community groups, he have all been challenged through this recogni- District and the great State of Missouri. has displayed his commitment to enhancing tion to successfully improve education in all of Senator Rohrbach has always been a good quality of life in our communities. their local communities. friend and partner in the Republican Party. He While coming from different sides of the f has proven himself time and time again as a aisle, John and I shared a healthy and re- leader in the Missouri Legislature and as a spectful working relationship during my tenure TRIBUTE TO MARK WAYNE tireless defender of the virtues of his constitu- on the neighboring Fairfax County Board of JACKSON ents. In the time that I have known Senator Supervisors. We worked together on inter- Rohrbach, he has never sacrificed his prin- county associations such as the Virginia Asso- HON. ADAM SMITH ciples; and in that regard, Senator Rohrbach ciation of Counties, VACO, to promote the OF WASHINGTON has earned my unwavering respect and re- good of our constituents and our respective IN THE HOUSE OF REPRESENTATIVES gard. He is a true patriot. Mr. Speaker, please help me to recognize a counties. Thursday, October 3, 2002 Mr. Speaker, in closing, I wish the very best great friend and an outstanding servant to the to Mr. Jenkins as he is recognized for service Mr. SMITH of Washington. Mr. Speaker, I people of Missouri, State Senator Larry Rohr- to his community, his county, and the Com- rise today to extend my deepest condolences bach. monwealth of Virginia. Over the past 20 years, to the family of Sergeant First Class Mark f he has earned this evening of recognition, and Wayne Jackson who was killed in a bomb EXPRESSING SORROW OF THE I call upon all of my colleagues to join me in blast yesterday in Zamboanga, Philippines. He HOUSE AT THE DEATH OF THE applauding his tenure and the work he will do died while advancing freedom, peace and sta- HONORABLE PATSY T. MINK, in the years to come. bility in the Philippines and his family should MEMBER OF CONGRESS FROM f be proud of his service and his work on behalf of the American people. THE STATE OF HAWAII TRIBUTE TO BLUE RIBBON Sergeant Jackson, who was part of the 1st SCHOOLS RECIPIENTS Special Forces Group at Fort Lewis, WA, was SPEECH OF on the front lines of the global war against ter- HON. DALE E. KILDEE HON. RANDY ‘‘DUKE’’ CUNNINGHAM rorism. He served as a member of a U.S. OF MICHIGAN OF CALIFORNIA force deployed in support of Operation Endur- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ing Freedom, helping to train the Philippine military to fight the Abu Sayyaf terrorist organi- Tuesday, October 1, 2002 Thursday, October 3, 2002 zation more effectively. He will be remem- Mr. KILDEE. Mr. Speaker, I am deeply sad- Mr. CUNNINGHAM. Mr. Speaker, I am bered as one of our finest young Americans dened by the recent loss of my beloved col- proud to rise today to recognize that three and he gave his life so that people throughout league and dear friend, PATSY MINK of Hawaii. blue ribbon schools in my 51st Congressional the world could be safer and more secure. While serving together on the Education and District of California are being honored as Na- I strongly condemn the cowardly terrorists Workforce Committee, we developed a long- tional Blue Ribbon Schools for 2002. In alpha- who committed this act. The Abu Sayyaf, who lasting friendship and mutual admiration for betical order, these schools are: has been blamed for the attack, has been each other. PATSY’S impact on this institution La Costa Canyon High School, Encinitas, consistently linked to Osama bin Laden’s al and our nation’s history should never be over- CA. The principal is Mr. Don Rizzi, and the su- Qaeda network. They represent a clear threat looked or forgotten. Her legacy will remain an

VerDate Sep<04>2002 02:20 Oct 05, 2002 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.031 E04PT1 E1758 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2002 inspiration for all those who struggle to over- websites, and preparation of printing films. form on which to stand and challenge Con- come social, racial and economic injustice. Once again, non-profits would gain substan- gress to act. ln just one year, Congress en- PATSY MINK will forever be remembered as tially from having computer professional acted Tricare for Life, which went a long way a modem day pioneer of gender and racial graphic artists design their education and in- towards restoring the promise of lifetime equality in government. Throughout her distin- formation pamphlets. health care and keeping faith with our nation’s guished career, PATSY continually overcame Non-profit and charitable organizations do military retirees. insurmountable obstacles to achieve success great work in the community, and my bill Tricare for Life—TFL—answered the pray- and acceptance in her professional and polit- would give them better access to services that ers of thousands of military retirees and their ical career. In Hawaii, she became the first will help them help others. families. Jim Whittington is one of those who Asian-American woman to practice law and f benefit from TFL. But Jim knows that there are the first Asian-American woman to be elected still thousands more military retirees and de- to the Territorial House before Hawaii became HONORING JIM WHITTINGTON, pendents who are not covered by TFL and still a state in 1959. While serving in the Territorial MSGT USAF, RETIRED lack the level of health care they have earned. House, she became one of the leading advo- Jim unselfishly continues to be one of the cates for Hawaii’s statehood. In 1964, she had HON. RONNIE SHOWS grassroots leaders fighting to restore the the honor of becoming the first Asian-Amer- OF MISSISSIPPI health care promise for ALL military retirees. ican women of Japanese-American heritage to IN THE HOUSE OF REPRESENTATIVES TFL was the first big victory for the military retirees, but it will not be the last, Today there be elected to the U.S. House of Representa- Thursday, October 3, 2002 tives. is a movement called the MRGRG—The Mili- During her tenure, Congresswoman MINK Mr. SHOWS. Mr. Speaker, I rise today to tary Retirees Grassroots Group—that has no became a leading advocate for racial, gender share with my colleagues the news that my formal structure or membership. But there are and social equality. Inspired by her lifelong good friend, Jim Whittington, of Laurel MS, thousands of them, connected by the Internet, challenges, Congresswoman MINK fought for has been given the ‘‘Excellence in Community who have combined their individual voices into women to have equal access to education and Service’’ Award by the National Society of the one. Leaders of the MRGRG, including Jim, athletic opportunities. Thanks to her leadership Daughters of the American Revolution. are circulating a ‘‘White Paper’’ throughout and steadfast commitment, Title IX of the Edu- Although he would disagree with me, there Congress that outlines the remaining promises cation Amendments of 1972 helped dismantle is no individual more deserving of this award waiting to be kept. gender discrimination in schools across this than Jim Whittington. Jim is a leader of a na- Jim Whittington has earned the respect of country. In order to preserve and protect her tionwide grassroots movement fighting to re- Americans across the country who know of his beloved state of Hawaii, Congresswoman store earned health care for military retirees. leadership in the fight to treat military veterans MINK also helped write tough environmental While there are many grassroots leaders with the respect they deserve. But Jim is a protection laws safeguarding sacred lands and across the country who have been working to- humble man and knows he did not do this fragile waters from over development and ex- gether in this fight, it was Jim’s persistence alone—far from it. He knows he shares this ploitation. that led to the introduction of legislation that award with fellow retirees who cared enough I feel absolutely privileged to have served was enacted into law and went a long way to- to act. with this historic and wonderful woman. De- wards fulfilling America’s commitment to mili- But it is always up to somebody to take the first step. When Jim took that step—to orga- spite all the obstacles and challenges, PATSY tary retirees. nize the Laurel summit and convince his Con- MINK was still able to achieve her dreams and In the spring of 1999, Jim, along with his goals. Her perseverance and determination friend and fellow military retiree Floyd Sears, gressman to attend—he did not know where it should continue to be an inspiration for future of Ocean Springs MS, organized a Military Re- would lead. Today we know that Jim and the generations of Americans. I will forever admire tirees Summit in Laurel. Over 400 retirees others of the MRGRG have set an example my friend and colleague for her lifelong com- from the southeastern United States gathered for all Americans. They have shown us that mitment and service to her country. Although to explain to local officials, including me, how Democracy works—that Americans who com- it is difficult to say goodbye to my colleague, the United States government had broken its bine their individual voices into one voice, loud I know that her profound contributions and leg- promise of lifetime health care for military retir- and strong, can change things and restore jus- acy will continue to influence our nation’s fu- ees. tice where it is needed. So, Mr. Speaker, I am proud to salute my ture. Having recently been elected to Congress, I had never confronted this issue before. I did friend Jim Whittington, who has set an exam- f not know about problems with military health ple for all of us. INTRODUCING LEGISLATION THAT care. Like many other Americans, I believed f EXPANDS THE DEFINITION OF that our nation’s veterans received priority IN REMEMBRANCE OF JAMES CHARITABLE WORK health care. Until I attended the summit in HENRY HAIGLER Laurel, I did not know that military retirees, HON. STEVE ISRAEL who served a career in service to the country, were not getting the level of health care that HON. BOB ETHERIDGE OF NEW YORK OF NORTH CAROLINA had been promised to them. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Since the founding of our Republic, recruits Thursday, October 3, 2002 to the uniformed services were promised life- Thursday, October 3, 2002 Mr. ISRAEL. Mr. Speaker, I rise today to in- time health care. They were told that health Mr. ETHERIDGE. Mr. Speaker, I rise today troduce a bill that would allow certain com- care would be provided for them and their to honor the service and sacrifice of one of puter services to be counted as charitable de- families when they retired after a career in our Nation’s Fallen Firefighters and one of my ductions. service. And for many years, they received District’s hometown heroes, Mr. James Henry Many small non-profit organizations have quality health care when they retired. But over Haigler. Mr. Haigler worked for ten years as a not utilized all the technical advances that time, Congress changed the laws. The avail- Driver with the Sanford Fire Department. He computers can bring, because of the cost of ability and quality of health care for many mili- was one of the Sanford community’s unique hiring a networking and technology specialist. tary retirees declined. For too many retirees, group of hometown heroes; the firefighters, My bill would allow computer technologists to health care just wasn’t there at all. law enforcement officers, and others who keep donate their time and deduct that time from Jim Whittington is one of the most tenacious our streets safe, protect our families and pos- their federal taxes. Some of the services that people I know, and it was his persistence that sessions from fire, and are the first to respond would be tax deductible include setting up net- got me to agree to attend his summit. What I to an emergency. Our hometown heroes put works, fixing computers, training staff and cre- learned at that summit convinced me and oth- their lives on the line for each of us every day. ating custom programs. My legislation would ers across the country to join the fight to make On January 19, 2001, the Sanford Fire De- assist small non-profits in becoming more effi- good on the ‘‘Broken Promise.’’ If it wasn’t for partment lost one of its own heroes. James cient and productive, by utilizing new skills, Jim Whittington, the Keep Our Promise to suffered heart failure just two hours after com- software, and hardware. America’s Military Retirees Act would not have pleting a 24-hour shift, leaving behind his wife My bill would also allow computer graphic been introduced. Renee and his son Dustin. His loss was felt specialists to donate their time and knowledge But, thanks to Jim, the bill was introduced in deeply in the department and in the commu- for the creation of brochures, the design of the fall of 1999, giving the grassroots a plat- nity. As a firefighter, James displayed selfless

VerDate Sep<04>2002 02:20 Oct 05, 2002 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.032 E04PT1 October 4, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1759 devotion everyday on our streets and in our search is concentrated on identifying patterns searches for extraordinary originality, dedi- communities. ‘‘Big Jim’’ as he was affection- in syntax that are relevant to the underlying cation, self-direction, exceptional creativity ately known was dedicated and professional, semantic structure of communications. With and promise for important future advances. Linguistics chairwoman Barbara Fox said and when we called on him, he was ready to the help of his colleagues, Dr. Jurafsky has the MacArthur Fellow award is perfect for lay down his life for us. found that by recognizing these patterns, com- Jurafsky. On October 6, 2002, the National Fallen puters can be more efficient and accurate in ‘‘He’s brilliant and creative and wonder- Firefighters Foundation will honor James and their interpretation of language because they fully unique. He’s generous and kind and a many other firefighters who made the supreme can connect what is heard to what is most wonderful person.’’ sacrifice. Every year at the National Fire- likely meant by that language. Fox said Jurafsky ‘‘makes the department fighters Memorial in Emmitsburg, Maryland, Every year the John D. and Catherine T. a community. He knows how to get people to survivors join together to celebrate how these MacArthur Foundation rewards a small group work with others.’’ brave men and women lived and what they of exceptionally creative individuals by naming Part of the mystique of the MacArthur awards is that the nomination process is se- represented in their communities. Members of them MacArthur Fellows. The foundation gives cret—the winners are caught completely by the Sanford Fire Department who served as fellowship awards to those individuals who are surprise. pallbearers for Mr. Haigler and a department pursuing unique approaches to their fields of ‘‘They call you up,’’ Jurafsky said. ‘‘They escort will accompany Mrs. Haigler and Dustin study and those taking intellectual, scientific, say, ‘Sit down.’ They ask you if you’re to the ceremony. In addition, Congress, with and cultural risks. Jonathan Fanton, president alone.’’ After he heard on Friday, they told my support, passed into law a resolution call- of the MacArthur Foundation, has said it is ‘‘a him he’d have to keep it to himself for four ing for all flags to be lowered to half-staff on vital part of the Foundation’s efforts to recog- days. ‘‘They told me I could tell my parents, the day of the National Firefighters Memorial nize and support individuals who lift our spirits, but no one else,’’ said Jurafsky, who is not married. Service. illuminate human potential, and shape our col- Jurafsky wants to improve on Google and The National Fallen Firefighters Memorial lective future.’’ other search engines. Now, someone who reminds us that our country is filled with Clearly, these criteria describe the Univer- wants to know who shot Abraham Lincoln hometown heroes, who embody the American sity of Colorado’s awardee. Dr. Jurafsky’s re- can type in ‘‘Lincoln’’ and ‘‘assassination,’’ spirit. The Haigler family, the Sanford commu- search is all about enabling better communica- and get back references to 1,000 Web sites. nity and the family of firefighters can be proud tions between people and computers, which is ‘‘But suppose you want to ask an entire of the sacrifice that James Haigler made. The so important in our 21st century technology- question and get back one short answer?’’ citizens of North Carolina and I will make sure driven lives. Jurasksy said. ‘‘You type in, ‘Who assas- sinated Abraham Lincoln,’ and you get back, that the memory of this hero does not soon Dr. Jurafsky is an incredibly talented and ‘It was Booth.’’’ fade. dedicated individual who is well liked and re- He’s on sabbatical this year, but starting f spected by his colleagues. I am certain that in January Jurafsky will teach an introduc- the foundation made an excellent choice in tory course in linguistics and a graduate PERSONAL EXPLANATION awarding Dr. Jurafsky this prestigious fellow- course in psycholinguistics. ship. I am honored to represent such an ex- When he’s not jamming with some of his HON. LORETTA SANCHEZ emplary individual. fellow scholars and jazz lovers, you can sometimes see him in the chorus at CU musi- OF CALIFORNIA CU PROFESSOR CHOSEN FOR ‘‘GENIUS AWARD’’ cals. ‘‘I’m a baritone,’’ he said. IN THE HOUSE OF REPRESENTATIVES MacArthur Fellow to receive $500,000 to Jurafsky’s optimistic about today’s stu- Thursday, October 3, 2002 spend as he likes dents and the future of the human race. ‘‘The (By Bill Scanlon, Rocky Mountain News— freshmen today know a lot more about com- Ms. SANCHEZ. Mr. Speaker, on Wednes- September 25, 2002) puters than most faculty,’’ he said. day, October 2, I was absent during the begin- ‘‘They’re completely capable of carrying One day, you’re working 70 hours a week on five instant-messaging conversations ning of the legislative session as I was dis- and playing the drums in your spare time. cussing the state of our Nation’s health care The next day, you’re awarded a half-mil- while doing their homework. with the United Domestic Workers of America/ lion dollars for being one of the 24 most cre- ‘‘We do want to teach them programming, National Union of Hospital and Health Care ative and intellectually brilliant scholars in but their comfort level is there. Seven years Employees in Philadelphia. the nation. ago, incoming students were afraid of com- puters. It’s like night and day.’’ I request that the CONGRESSIONAL RECORD ‘‘I was shocked,’’ University of Colorado linguistics professor Daniel Jurafsky, 39, Jurafsky foresees a day when computers reflect that had I been present and voting, I can assist translation. would have voted ‘‘yes’’ on rollcall No. 427, said Tuesday, after hearing that he was one of 24 Americans chosen as MacArthur Fel- People from around the world can commu- ‘‘yes’’ on rollcall No. 428, ‘‘no’’ on rollcall No. lows. nicate, typing in whole sentences that the 429, ‘‘no’’ on rollcall No. 430, ‘‘yes’’ on rollcall The no-strings-attached awards are to nur- computer can instantly translate ‘‘close No. 431, ‘‘yes’’ on rollcall No. 432, ‘‘no’’ on ture geniuses who are ‘‘a source of new enough so the other person can understand rollcall No. 433 and ‘‘no’’ on rollcall No. 434. knowledge and ideas’’ and have ‘‘the courage it. It’s definitely possible.’’ f to challenge inherited orthodoxies’’ and to f take intellectual, scientific and cultural RECOGNIZING THE ACCOMPLISH- risks. HONORING THE CALIFORNIA ASSO- MENTS OF DANIEL JURAFSKY For Jurafsky, that means time to pursue CIATION OF REAL ESTATE BRO- his passion for helping computers commu- KERS, INC. nicate better with people—and vice versa. HON. MARK UDALL No-strings-attached means he could use OF COLORADO some of the money to buy a hot tub for his HON. BARBARA LEE IN THE HOUSE OF REPRESENTATIVES funky century-old Boulder house, or to buy a OF CALIFORNIA Corvette or Jaguar. IN THE HOUSE OF REPRESENTATIVES Thursday, October 3, 2002 ‘‘No, that’s not my style,’’ Jurafsky said Mr. UDALL. Mr. Speaker, I rise today to rec- Tuesday. ‘‘If it doesn’t involve work or Thursday, October 3, 2002 ognize the accomplishments of Daniel music, I’m not interested. And I have a nice Ms. LEE. Mr. Speaker, I rise today to honor old set of drums—Ludwig.’’ Jurafsky and to submit for the RECORD a re- the California Association of Real Estate Bro- It’s a good thing Jurafsky likes to travel, cent article from the Rocky Mountain News because otherwise he’d have a tough time de- kers, Inc. for their many contributions to the describing these accomplishments. Dr. ciding how to spend the half-million dollars. real estate industry. Jurafsky recently was one of twenty-four ‘‘I may spend some of it on research ex- The California Association of Real Estate scholars chosen as MacArthur fellows, awards penses or to help pay for graduate students Brokers, Inc. (CAREB) is the state chapter of granted annually by the John D. and Cath- or postdocs,’’ Jurafsky said. ‘‘If the depart- the National Association of Real Estate Bro- erine T. MacArthur Foundation. ment said, ‘‘If only we had a big computer,’ kers, the oldest minority real estate associa- Daniel Jurafsky is an associate professor of maybe I could buy them one. But really, tion in America. CAREB has been instru- linguistics and computer science at the Univer- computers are so inexpensive now. And un- mental in promoting the participation of minori- like the sciences, we in the humanities don’t sity of Colorado in Boulder. Dr. Jurafsky fo- have big expenses for equipment.’’ ties in the real estate industry and has been cuses on designing computer and other sys- The John D. and Catherine T. MacArthur responsible for many of the anti-discrimination tems that use everyday language to commu- Foundation has been presenting the awards and fair housing laws which now exist locally nicate with their users. A major part of his re- since 1981—to 635 scholars in all. The board and across the country.

VerDate Sep<04>2002 02:33 Oct 05, 2002 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.035 E04PT1 E1760 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2002 The members of the California Association was directly involved in saving three lives and Pennsylvania; Asmita Kumar of Goleta, Cali- of Real Estate Brokers are outstanding men in caring for two more people with severe inju- fornia; Daniel Lang of Yardley, Pennsylvania; and women dedicated to providing fair and ries. In addition, he provided invaluable en- Hilana Lewkowitz-Shpuntoff of Great Neck; equal housing opportunities, equal employ- couragement to other survivors and those in- New York; Rayden Llano of Miami, Florida; ment and equal representation in the political volved with the rescue effort. Michael Mi of Pittsburgh, Pennsylvania; Jes- arena as well as the business community. Mr. Speaker, I ask my colleagues to join me sica Miles of San Antonio, Texas; Daniel Miller I ask Congress to join me and the constitu- in honoring Major Cusic and to wish him all Jr. of Pittsburgh, Pennsylvania; Yahya Mo- ents of the 9th Congressional District as we the best in the future for him and his family. hammed of Niceville, Florida; Sarah Mousa of salute the California Association of Real Es- f West Grove, Pennsylvania; Noele Norris of tate Brokers, Inc. for their endless service to Miami, Florida; Kels Phelps of Butte, Montana; our community. We wish them many years of YOUNG SCIENTIST CHALLENGE Adam Quade of New Brighton, Minnesota; continued success helping to fulfill the Amer- Sasha Rohret of San Antonio, Texas; Haileigh ican dream of homeownership. HON. SHERWOOD L. BOEHLERT Stainbrook of Sanger, California; Nupur f OF NEW YORK Shridhar of Malvern, Pennsylvania; Jared IN THE HOUSE OF REPRESENTATIVES Steed of Deleware, Ohio; Aron Trevino of San HONORING AIR FORCE MAJOR Thursday, October 3, 2002 Antonio, Texas; Kory Vencill of Applegate, Or- JAMES G. CUSIC, III egon; Kelydra Welcker of Parkersburg, West Mr. BOEHLERT. Mr. Speaker, I rise today Virginia; Kevin Welsh of Paulina, Louisiana; HON. JERRY F. COSTELLO to recognize a very special group of young Nicole Wen of San Antonio, Texas; Emily Wil- OF ILLINOIS scientists. As Chairman of the House Com- lis of Heber, Utah; Ashley Woodall of Garland, IN THE HOUSE OF REPRESENTATIVES mittee on Science, I am an avid supporter of Texas; Dylan Young of Upper Arlington, Ohio. programs that encourage the youth of America Thursday, October 3, 2002 At a time when science and technology to push the limits of innovation and originality plays such an enormous role in our lives, I be- Mr. COSTELLO. Mr. Speaker, I rise today to in science. One such program is the Discovery lieve it is imperative that we continue to sup- ask my colleagues to join me in recognizing Channel Young Scientist Challenge. port and nurture the next generation of young Air Force Major James G. Cusic, III, a con- Created in 1999, Discovery Communica- scientists. I would like to congratulate these stituent of mine from Fairview Heights, Illinois. tions, Inc., designed the Discovery Channel students for their dedication and hard work in Major Cusic is receiving a Certificate of Young Scientist Challenge as part of the solu- the name of science and wish them all good Merit from the American Red Cross for his ac- tion to America’s chronic underachievement in luck during the 2002 Discovery Channel tions on September 11, 2001. This is the high- science and math. The annual national contest Young Scientist Challenge. est award the organization gives for someone responds to evidence that academic perform- who saves or sustains a life with skills that ance and interest in science among American f were learned in an American Red Cross safe- students declines dramatically as students be- DIGITAL MEDIA CONSUMERS’ ty course. come older. This is particularly evident during RIGHTS ACT OF 2002 The attacks on the World Trade Center and the middle school years. the Pentagon on September 11, 2001 made For these reasons, the Discovery Channel this perhaps the most tragic day in our na- Young Scientist Challenge identifies and hon- HON. RICK BOUCHER tion’s history. However, the day could have ors America’s top middle school student who OF VIRGINIA been even more catastrophic if it were not for demonstrates the best skills in leadership, IN THE HOUSE OF REPRESENTATIVES the efforts of men and women such as Major teamwork, and scientific problem solving. Thursday, October 3, 2002 Cusic. More than 6,000 middle school students have On the morning of September 11, Major entered the challenge since its inception in Mr. BOUCHER. Mr. Speaker, I am pleased Cusic saw the news of the attacks on the order to compete for the title of ‘‘America’s to join with my colleague from California, Mr. World Trade Center from his Pentagon office. Top Young Scientist of the Year.’’ Since 1999, DOOLITTLE, in introducing the Digital Media As he watched, he began to feel the floor scholarship awards for the students have to- Consumers’ Rights Act of 2002 (DMCRA). shake below him, and the television reported taled more than $400,000 and challenge win- The Digital Millennium Copyright Act of that a third plane had been used as a weap- ners have participated in science-related trips 1998 (DMCA) tilted the balance in our copy- on. This time, the target was the Pentagon. A to far-off places, including the Roslin Institute right laws too heavily in favor of the interests voice came on the Pentagon intercom with a in Midlothian, Scotland, and the El Yunque of copyright owners and undermined the long- message to evacuate the building. rain forest in Puerto Rico. standing fair use rights of information con- As the news came that a second hijacked On September 18, 2002, Discovery Commu- sumers, including research scientists, library plane might be headed toward Washington, nications, Inc., announced the 40 middle patrons, and students at all education levels. Major Cusic cleared all the rooms in his area school students who have advanced to the With the DMCRA, we intend to restore the his- of the building to make sure everyone had finals of the Discovery Channel Young Sci- torical balance in our copyright law that has exited. Next, he assisted five of the approxi- entist Challenge. Selected from more than served our nation well in past years. mately 65 patients that were being treated at 1,700 entrants, the ‘‘Final Forty’’ represent an In order to reduce growing consumer confu- the Air Force Pararescue triage site. elite group of young Americans who dem- sion and to reduce a burden on retailers and Major Cusic volunteered to reenter the onstrated exceptional creativity and commu- equipment manufacturers caused by the intro- building as one of five leaders of a 20-person nications skills in original science research duction of so-called ‘‘copy protected CDs,’’ we team to provide medical treatment for sur- projects. The ‘‘Final Forty’’ will travel to Wash- have also included in the bill comprehensive vivors in the building. He was responsible for ington, DC, October 19–23 where they will statutory provisions to ensure that consumers providing treatment for life threatening injuries. compete in complex science challenges large- will receive adequate notice before they pur- Major Cusic aided one man who had a severe ly revolving around science and the roll it chase these non-standard compact discs that scalp laceration and a spinal injury. He as- plays in our national security. they cannot record from them and that they sisted another man who suffered from severe The finalists for the 2002 Discovery Channel might not work as expected in computers and burns on his face and neck and was experi- Young Scientist Challenge are: Brittany Ander- other popular consumer electronics products. encing difficulty breathing. son of Texico, New Mexico; Guatam Bej of Consumers shouldn’t have to learn after they Later in the evening, Major Cusic’s heroic Birmingham, Alabama; Terrance Bunkley of get home that the product they just purchased actions were needed once again. A firefighter Fort Worth, Texas; Russell Burrows of San can’t be recorded onto the hard drive of a per- that had entered the building as part of the Antonio, Texas; Trevor Corbin of Richmond, sonal computer or won’t play in a standard rescue effort collapsed from heat exhaustion Virginia; Kurt Dahlstrom of Hillsboro, North DVD player or in some automotive CD play- and an erratic pulse. Once again, Major Cusic Dakota; Roy Gross of Lansdale, Pennsylvania; ers. provided the treatment necessary under ex- Kristin Grotecloss of St. Petersburg, Florida; BACKGROUND AND NEED FOR LEGISLATION treme circumstances. Jennifer Gutman of Wheeling, West Virginia; Before describing the provisions of the bill in Major Cusic maintained clarity of mind Christine Haas of Clovis, California; Alicia Hall detail, I think it useful to provide a general throughout the day on September 11 and of Hoople, North Dakota; David Hart of Lake overview of what has occurred over the past should be commended for his actions in the Charles, Louisiana; Stephanie Hicks of San five years and why we need to recalibrate the face of adversity. At the end of the day, he Antonio, Texas; Lorren Kezmoh of Pittsburgh, DMCA in light of that experience.

VerDate Sep<04>2002 02:20 Oct 05, 2002 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.038 E04PT1 October 4, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1761 As my colleagues may recall, in 1997 the right owners and information consumers by in- access to only a portion of an electronic book Administration proposed legislation to imple- cluding provisions dealing with encryption re- to write a term paper would have to pay. The ment two international copyright treaties in- search, reverse engineering, and security sys- DMCA places the force of law behind these tended to protect digital media in the 21st cen- tems testing. We can now see in retrospect, technical barriers by making it a crime to cir- tury. At the time, motion picture studios, however, that these provisions did not go far cumvent them even to exercise fair use rights. record companies, book publishers, and other enough. The day is already here in which copyright owners of copyrighted works indicated that the Congress made other changes in an effort owners use ‘‘click on,’’ ‘‘click through,’’ and treaty implementing legislation was necessary to right the balance. Principally at the urging of ‘‘shrink wrap’’ licenses to limit what purchasers to stop ‘‘pirates’’ from ‘‘circumventing’’ tech- consumer electronics manufacturers, Con- of a copyrighted work may do with it. Some go nical protection measures used to protect gress adopted the so-called ‘‘no mandate’’ so far as to make it a violation of the license copyrighted works. As the bill was being for- provision to give equipment manufacturers the to even criticize the contents of a work, let mulated, it was clear that the proclaimed effort freedom to design new products without fear alone to make a copy of a paragraph or two. to crack down on piracy would have potentially of litigation. Section 1201(c)(3) provides that, To address these and other concerns that harmful consequences for information con- with one exception (set forth in section 1201 have been voiced since enactment of the sumers. Nonetheless, copyright owners as- (k)), manufacturers of consumer electronics, DMCA, the bill we have introduced would serted that the proposed legislation was not telecommunications, and computing products amend sections 1201(a)(2) and (b)(1) to per- intended to limit fair use rights. are not required to design their products to re- mit otherwise prohibited conduct when en- At the time, libraries, universities, consumer spond to any particular technological protec- gaged solely in furtherance of scientific re- electronics manufacturers, personal computer tion measure. (The only requirement imposed search into technological protection measures. manufacturers, Internet portals, and others on device manufacturers is to build certain Current law permits circumvention of techno- warned that enactment of overly broad legisla- analog VCRs to conform to the copy control logical protection measures for the purpose of tion would stifle new technology, would threat- technology already in wide use in the market.) encryption research. The bill expands the ex- en access to information, and would move our The ‘‘no mandate’’ provision was essential to ception to include scientific research into tech- nation inexorably towards a ‘‘pay per use’’ so- addressing the legitimate concerns of the con- nological protection measures, some of which ciety. Prior to 1998, the American public had sumer electronics, telecommunications, and are not encryption. This change is intended to enjoyed the ability to make a wide range of computer industries, which feared that section address a real concern identified by the sci- personal non-commercial uses of copyrighted 1201 otherwise might require VCRs, PCs, and entific community. It does not authorize hack- works without obtaining the prior consent of other popular consumer products to respond ers and others to post trade secrets on the copyright owners. These traditional ‘‘fair use’’ to various embedded or associated codes, or Internet under the guise of scientific research, rights have long been at the foundation of the other unilateral impositions by content owners or to cloak otherwise unlawful conduct as sci- receipt and use of information by the Amer- without the assurance of corresponding pro- entific research. ican public, and have been critical to the ad- tections for equipment consumers. Moreover, Since September 11, we have all become vancement of important educational, scientific, through legislative history, Congress also more aware of the importance of improving and social goals. made clear that equipment manufacturers Congress was warned that overly broad leg- the security of computer networks against were free to make adjustments to products to hacking. Our computer scientists must be al- islation could have potentially harmful effects. remedy ‘‘playability’’ problems created by uni- Manufacturers of consumer electronic and lowed to pursue legitimate research into tech- laterally developed technical measures. nological protection measures to determine other multiple purpose devices, for example, In the end, however, these changes were their strengths and shortcomings without fear pointed out that a VCR or PC, among other not enough to achieve the appropriate level of of civil litigation or criminal prosecution under popular devices, could be deemed to be an il- balance. In the end, the DMCA dramatically the DMCA. The public needs to know the gen- legal ‘‘circumvention’’ device. In response to tilted the balance in the Copyright Act towards uine capabilities of the technological protection these concerns, the Administration limited the content protection and away from information measures. The proposed amendment provides prohibition to devices that are primarily de- availability. signed or produced for the purpose of circum- Given the breadth of the law and its applica- computer scientists with a bright line rule they venting; have only a limited commercially sig- tion so far, the fair use rights of the public at can easily follow, and would encourage them nificant purpose or use other than to cir- large clearly are at risk. From the college stu- to engage in research for the public’s benefit. cumvent; or are marketed for use in circum- dent who photocopies a page from a library The bill we have introduced does what the venting. Even with this modification, however, book for use in writing a report, to the news- proponents of section 1201(c)(1) of the DMCA the provision still contained a fundamental de- paper reporter excerpting materials from a said it did, namely, to preserve the fair use fect: it prohibited circumvention of access con- document for a story, to the typical television rights of consumers under section 107 of the trols for lawful purposes, and it prohibited the viewer who records a broadcast program for Copyright Act and under section 1201. (Just manufacture and distribution of technologies viewing at a later time, we all depend on the last year, the presidents of the Business Soft- that enabled circumvention for lawful pur- ability to make limited copies of copyrighted ware Alliance and the Interactive Digital Soft- poses. In apparent response to expressions of material without having to pay a fee or to ob- ware Associations citing the ‘‘savings clause’’ concern, the Administration proposed a sav- tain prior approval of the copyright owner. In stated in a letter to the editor of the Wash- ings’’ clause (ultimately enacted as section fact, fair use rights to obtain and use a wide ington Post that ‘‘[t]he DMCA did nothing to 1201(c)(1)), which states that section 1201 array of information are essential to the exer- upset existing fair use rules that still permit a does not affect rights, remedies, limitations, or cise of First Amendment rights. In my view, variety of academic inquiries and other activi- defenses to copyright infringement, including the very vibrancy of our democracy is depend- ties that might otherwise be infringing.’’) The fair use. However, as at least some of us un- ent on the information availability and use fa- bill amends the ‘‘savings clause’’ to make derstood at the time, and two courts have cilitated by the fair use doctrine. clear that it is not a violation of section 1201 since confirmed, the fair use defense to copy- Yet, efforts to exercise those rights increas- to circumvent a technological measure in con- right infringement actions is not a defense to ingly are being threatened by the application nection with gaining access to or using a work the independent prohibition on circumvention of section 1201 of the DMCA. Because the if the circumvention does not result in an in- contained in Chapter 12 of the DMCA. Since law does not limit its application to circumven- fringement of the copyright in the work. In Chapter 12 actions are not grounded in copy- tion for the purpose of infringing a copyright, short, if a consumer may make a fair use of right law, the so-called ‘‘savings clause’’ pre- all kinds of traditionally accepted activities may a copyrighted work, he may gain access to it serving fair use defenses to copyright infringe- be at risk. and then make use of it without liability under ment actions is meaningless in the context of Consider the implications. A time may soon section 1201. At the same time, if his or her actions under the DMCA. come when what is now available for free on conduct does not constitute fair use under Other problems were seen with the Adminis- library shelves will only be available on a ‘‘pay section 107, liability may attach under section tration’s original draft. As Congress became per use’’ basis. It would be a simple matter for 1201. aware that the Administration’s proposal pro- a copyright owner to technically enshroud ma- In this connection, I think it is important to hibited many other legitimate activities, our terial delivered in digital format and then to im- stress that, when the DMCA was being de- colleagues agreed to graft numerous excep- pose a requirement that a small fee be paid bated equipment manufacturers unsuccess- tions onto section 1201. The House Com- each time the password is used so that a dig- fully sought to clarify the savings clause in mittee on Commerce, in particular, sought to ital book may be accessed by a library patron. section 1201. Since enactment of the DMCA, more carefully balance the interests of copy- Even the student who wants the most basic these same manufacturers have had to build

VerDate Sep<04>2002 02:20 Oct 05, 2002 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.041 E04PT1 E1762 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2002 business plans that incorporate copy protec- EXPRESSING SORROW OF THE ANNIVERSARY OF THE INDEPEND- tion technologies into their digital product of- HOUSE AT THE DEATH OF THE ENCE OF THE REPUBLIC OF CY- ferings in order to ensure that content will be HONORABLE PATSY T. MINK, PRUS made available to consumers in digital MEMBER OF CONGRESS FROM forrnats. At the same time, these manufactur- THE STATE OF HAWAII HON. CAROLYN B. MALONEY ers have worked to ensure that those tech- OF NEW YORK nologies are used in ways that are consistent SPEECH OF IN THE HOUSE OF REPRESENTATIVES with consumers’ customary recording and viewing practices. I recognize that because HON. JANICE D. SCHAKOWSKY Thursday, October 3, 2002 the determination of whether or not a par- Mrs. MALONEY of New York. Mr. Speaker, OF ILLINOIS ticular use is considered a ‘‘fair use’’ depends it is with great pleasure that I speak today in on a highly fact specific inquiry, it is not an IN THE HOUSE OF REPRESENTATIVES honor of the 42nd Anniversary of the Republic easy concept to translate into a technological Tuesday, October 1, 2002 of Cyprus. It was on October 1st in 1960, that implementation. Our bill is not intended to en- Cyprus became an independent republic after courage consumers to disable copy protection Ms. SCHAKOWSKY. Mr. Speaker, I rise decades of British colonial rule. systems in order to gain increased access to today to thank PATSY MINK, a leader, a vision- I am very fortunate and privileged to rep- protected works where the technology has ary, a mentor, and a true advocate for so resent Astoria, Queens—one of the largest been implemented in a manner that seeks to many who had no voice. PATSY MINK was a and most vibrant communities of Greek and accommodate the consumer’s fair use expec- woman I looked up to, learned from, and was Cypriot Americans in this country. tations. Instead, this proposal is in pursuance inspired by. As the first woman of color elect- It is truly one of my greatest pleasures as a of a larger objective of ensuring that existing ed to the U.S. Congress in 1964, PATSY knew Member of Congress to be able to participate copy protection measures are implemented in what it meant to break down barriers. Her pas- in the life of this community, and the wonderful ways that respect consumers’ customary prac- sion was for those who were otherwise forgot- and vital Cypriot friends that I have come to tices and ensuring that, as future technologies ten or pushed to the side. know are one of its greatest rewards. are developed, they incorporate means by PATSY was a strong fighter for women’s This year, Cyprus’ Independence Day oc- which fair use of content can be made. As rights. Her leadership in the fight for equality curs at a time of great hope for the people of Congress demonstrated in developing section for women and girls in education and sports Cyprus and significant advances in U.S.-Cy- 1201(k) of the DMCA, there are ways to bal- prus relations. ance legislatively the interests of content own- has made an everlasting impact on this coun- try. The passage of Title IX has literally Cyprus is currently the leading candidate ers and consumers when technological solu- country for membership in the European tions that respect fair use practices can be changed the lives of millions of young girls and women. It opened the doors to countless Union during the EU’s next enlargement agreed upon by all parties. round. On October 9, the European Commis- In addition to restrictions on their fair use opportunities for women and girls and allowed sion will issue its annual progress reports on rights, consumers face a new problem as us to dream bigger than we ever had before. all applicant countries. The EU’s enlargement record companies increasingly introduce into It allowed more people to see women as Commissioner, Gunther Verheugen, said on the market non-standard ‘‘copy-protected com- Olympic athletes and competitors. It allowed September 30 that Cyprus’ progress report will pact discs.’’ As widely reported in the press, parents to see their daughters as softball play- be positive and will confirm that Cyprus meets consumers have found that these ordinary- ers and runners. It challenged school adminis- the political and economic criteria for member- looking CDs do not play in some standard trators and coaches to see the potential in fe- ship. The formal invitation to the 10 most ad- consumer electronics and computer products male athletes and embrace it. vanced candidate countries, including Cyprus, and that they cannot be copied on computer PATSY was a relentless fighter for low-in- is expected to be issued in December in Co- hard drives or in CD recorders. Without ques- come and poor families. She had great com- penhagen, which would allow them to join the tion, record companies should have the free- passion for those who were struggling against EU on January 1st, 2004. dom to innovate, but they also have the re- the odds to work and provide for their families. On June 21, 2001, I joined my colleague, sponsibility to provide adequate notice to con- She wasn’t afraid to make her voice heard in Representative MICHAEL BILIRAKIS in intro- sumers about the ‘‘recordability’’ and standing up for fair treatment of women re- ducing HCONRES 164, a bill that expresses ‘‘playability’’ of these discs. They have not ceiving welfare benefits, workers’ rights and the sense of Congress that security, reconcili- done so. For that reason, I believe it is appro- fair pay, and children who were lacking food ation, and prosperity for all Cypriots can be priate for Congress to now step in. Our bill will or a good education. PATSY was a fearless best achieved within the context of member- ensure that non-standard discs are properly fighter for the environment. She helped protect ship in the European Union which will provide labeled to give consumers adequate notice of Hawaii’s natural beauty in national parks and significant rights and obligations for all Cyp- all disfunctionalities. worked at the local level to help communities riots. This bill has 83 bipartisan cosponsors In this connection, I think it is important to preserve their lands. PATSY was a lifelong and passed unanimously in the Europe Sub- note that the conferees to the DMCA expected fighter for civil rights. She knew what it meant committee of the House International Rela- all affected industries to work together in de- to stand up in the face of adversity and she tions Committee. I believe we must pass this veloping measures to protect copyrighted worked hard to break down barriers so those bill on the House floor in order to voice sup- works. As the conferees pointed out, ‘‘[one of coming after her would instead experience jus- port during a crucial period of major develop- the benefits of such consultation is to allow tice and equality. testing of proposed technologies to determine ments for Cyprus’ EU bid. PATSY was tough and passionate. I can see whether there are adverse effects on the ordi- The commemoration of Cyprus’ Independ- her now shaking her small but mighty fist as nary performance of playback and display ence Day this year, as in the past 28 years, she eloquently challenged an injustice. PATSY equipment in the marketplace, and to take is clouded by the fact that 37 percent of the was a pioneer and a trailblazer. As we honor steps to eliminate or substantially mitigate Mediterranean island nation’s territory con- the memory of PATSY MINK today, we should those effects before technologies are intro- tinues to be illegally occupied by the Turkish duced.’’ That process does not appear to have also think about the future that she would military forces, in violation of U.N. Security been employed with regard to the new unilat- want and work to achieve it. PATSY would Council resolutions. But Cyprus remains com- erally developed methods being used to pro- want us to pass a Labor/HHS bill that truly mitted to achieving a peaceful resolution of tect compact discs. leaves no child behind. She would want us to this tragic problem through negotiations. In closing, I think it important to stress that, fully fund the Women’s Education Equity Act. United Nations-sponsored negotiations are for over 150 years, the fair use doctrine has She wanted to see passage of a welfare bill ongoing in an effort to resolve the 28-year di- helped stimulate broad advances in scientific that lifts women and children out of poverty, vision of Cyprus under the framework of U.N. inquiry and in education, and has advanced not just off the welfare rolls. PATSY wants us Security Council resolutions. The next round broad societal goals in many other ways. We to make sure that all people have a fair of meetings between the President of the Re- need to return to first principles. We need to chance. public of Cyprus, Glafcos Clerides, and the achieve the balance that should be at the Today, as I mourn with my colleagues and Turkish Cypriot leader, Rauf Denktash, with heart of our efforts to promote the interests of extend my condolences to her family and to U.N. Secretary-General Kofi Annan, are copyright owners while respecting the rights of the people of Hawaii, I honor the memory scheduled for October 3–4 in New York. U.N. information consumers. The DMCRA will re- PATSY MINK and all that she stood for. And I Secretary General Annan said on September store that balance. deeply miss her beautiful smile. 30 that talks to end the division of Cyprus will

VerDate Sep<04>2002 02:20 Oct 05, 2002 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.043 E04PT1 October 4, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1763 continue even after the December 12 decision sponsibility for the administration of the Black which was founded in Madison, Wisconsin 75 by the European Union, to accept Cyprus as Lung Benefits Program under a single agency. years ago today on October 3, 1927. a member. Mr. Annan stressed ‘‘we are going This proposal was initially outlined in the American Family Insurance was originally to continue our efforts and try to make President’s FY 2003 Budget for the Depart- founded as Farmers Mutual by Herman progress as quickly as we can. If by the time ment of Labor. Wittwer. Its mission was to sell auto insurance of the accession the issues have not been re- The Black Lung Benefits Program was en- to low-risk farmers. The first policyholder paid solved, I expect the talks to continue beyond acted as part of the Coal Mine Health and $15.22 for his annual premium, which was 25 the EU accession’’. The EU has made it clear Safety Act of 1969, the first comprehensive percent less than the going rate. It did not for the past three years that a resolution of the Federal legislation to regulate health and safe- take long for Farmers Mutual to become the Cyprus problem is not a precondition for Cy- ty conditions in the coal industry. The law cre- fastest growing insurance company in Wis- prus’ EU accession and I support that view- ated a temporary system to compensate vic- consin. (As time went by, Farmers Mutual ex- point. tims of dust exposure in the mines with public panded its market and product line and Cyprus and the United States have a great funds administered by the Social Security Ad- changed its name to American Family Insur- deal in common. We share a deep and abid- ministration (SSA). ance.) ing commitment to democracy, human rights, In 1972, the Act was amended to require Today, American Family is Madison’s larg- free markets, and the ideal and practice of the use of simplified interim eligibility for all est private employer and largest company as claims filed with SSA and to transfer new equal justice under the law. measured by annual revenue. It provides jobs claims to the Department of Labor (DOL) in In fact, Cyprus was among the first nations to 3,500 employees in Madison and 7,500 em- 1973. The Office of Workers’ Compensation to express its solidarity with the U.S. imme- ployees across 17 states. American Family In- Programs in DOL assumed responsibility for diately following the September 11th terrorist surance is the tenth largest property/casualty the processing and paying of new claims on attacks. Cyprus has taken many concrete and insurance company in nation and the fourth July 1, 1973. Most of the claims filed prior to largest mutual insurance company. At the active steps to target the perpetrators, collabo- that date remained within the jurisdiction of ranking of 337, it is Dane County’s only listing rators and financers of terrorism. For example, SSA until 1997. Cyprus has endorsed and implemented all On September 26, 1997, officials from SSA on the Fortune 500. resolutions and decisions of the U.N. Security and DOL signed a Memorandum of Under- I am proud that through all of American Council, the EU and other International Orga- standing transferring responsibility for man- Family’s growth and expansion, the company nizations pertaining to the fight against ter- aging all active SSA Black Lung claims to has remained true to its Madison and Wis- rorism. DOL. This change was aimed at eliminating consin roots. The company has shown its Unfortunately, Cyprus is not without its own any confusion about which Federal agency commitment to the area through its community difficult history. 37 percent of this nation is still handles the claims and enhancing customer giving and involvement. American Family do- occupied by a hostile foreign power, and it has service to all Black Lung beneficiaries. At nates more than $1 million annually to groups been for more than 25 years. present, DOL manages all Federal black lung and organizations that help enhance quality of On July 20, 1974, Turkey invaded Cyprus, claims, while formal appeals on Part B claims life and provide opportunities for everyone in and to this day continues to maintain an esti- are referred to SSA. The Black Lung Consoli- our communities. mated 35,000 heavily armed troops. Nearly dation of Administrative Responsibilities Act Congratulations on 75 great years. 200,000 Greek Cypriots, who fell victim to a would simply transfer all of the responsibilities f policy of ethnic cleansing, were forcibly evict- for the administration of claims under Part B of PERSONAL EXPLANATION ed from their homes and became refugees in the Act to DOL, while retaining all regulations their own country. currently applicable to the beneficiaries’ enti- Every year, on or around July 20, I, along tlements. HON. PETER DEUTSCH OF FLORIDA with my dear friend Representative BILIRAKIS, Besides improving administrative efficiency, sponsor a Special Order to remember the an- this transfer of responsibilities will ensure the IN THE HOUSE OF REPRESENTATIVES niversary of the Turkish invasion in a tradition continuation of a high level of customer serv- Thursday, October 3, 2002 that has become one of our proudest tradi- ice to beneficiaries. Joint audits by the Office Mr. DEUTSCH. Mr. Speaker, I was unavoid- tions. of the Inspector General of SSA and DOL ably absent from the chamber today during Despite the hardships and trauma caused have confirmed the high quality of claims-re- rollcall vote No. 427, No. 428, and No. 429. by the ongoing Turkish occupation, Cyprus lated services being provided by DOL. Last Had I been present, I would have voted ‘‘yea’’ has registered remarkable economic growth, year, the University of Michigan released the on rollcall vote No. 427, ‘‘yea’’ on rollcall vote results of a customer satisfaction survey of and the people living in the Government-con- No. 428 and ‘‘nay’’ on rollcall vote No. 429. beneficiaries receiving services from DOL and trolled areas enjoy one of the world’s highest f standards of living. Sadly, the people living in found the highest level of customer satisfac- the occupied area continue to be mired in pov- tion of any of the Federal benefits programs JOSEPH J. URBAN: PUSHING THE erty. surveyed. POLKA In the times we are facing, it is clear that di- Finally, the legislation implements a long- visions among people create harmful, destruc- standing recommendation by the Inspector HON. JAMES A. BARCIA Generals at DOL and SSA that the administra- tive environments. The U.S. has expressed its OF MICHIGAN tive responsibility for the Black Lung Benefits unwavering support for a peaceful solution to IN THE HOUSE OF REPRESENTATIVES Act should be consolidated within DOL. This the Cyprus problem and I wholeheartedly Thursday, October 3, 2002 agree. The relationship between Cyprus and change would ensure the continuation of a the United States is strong and enduring. We high level of service to program beneficiaries, Mr. BARCIA. Mr. Speaker, I rise today to stand together celebrating democracy and while eliminating confusion and duplication of honor my very good friend, Joe Urban of Bay freedom, hopeful that a peaceful solution will administrative functions between the two City, Michigan, for his induction into the Michi- soon be negotiated and a united Cyprus will agencies. gan State Polka Music Hall of Fame and for The Black Lung Consolidation of Administra- join the EU. his many years of cultivating and publicizing tive Responsibilities Act is simply common f polka music in our shared hometown. The sense and good government. I urge my col- polka has long been king in Bay City, espe- BIACK LUNG CONSOLIDATION OF leagues to support this legislation. cially among the members of our significant ADMINISTRATIVE RESPONSIBIL- f Polish and German communities, and Joe ITIES ACT RECOGNIZING AMERICAN FAMILY Urban has been a polka fan and promoter INSURANCE since he was a boy. HON. MELISSA A. HART Although Joe never learned to play a musi- OF PENNSYLVANIA cal instrument, he has been beating the pro- HON. TAMMY BALDWIN verbial drum on behalf of his fellow polka IN THE HOUSE OF REPRESENTATIVES OF WISCONSIN music enthusiasts for more than 40 years. In IN THE HOUSE OF REPRESENTATIVES Thursday, October 3, 2002 1959, he began promoting polka for festivals Ms. HART. Mr. Speaker, I am pleased to Thursday, October 3, 2002 at St. Hyacinth Catholic Church and for sponsor legislation, on behalf of the Adminis- Ms. BALDWIN. Mr. Speaker, I rise to today dances at Pulaski Hall in Bay City. Joe’s Pol- tration, which would consolidate all of the re- to recognize American Family Insurance, ish Circle dinnerdances became legendary in

VerDate Sep<04>2002 02:20 Oct 05, 2002 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.045 E04PT1 E1764 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2002 the 1960s, featuring local bands and musi- GENE AND POCO GERTLER They cite the national nature of insurance cians such as Stan Drzewicki, Gene plans, whereby a doctor in Arizona might have Kochaney, Pat Lepeak’s Starliners and nearly HON. BOB STUMP to pay more for malpractice insurance due to every other polka band in the region. Later, OF ARIZONA an over-the-top jury award in Texas. They also note that, as doctors close up shop or stop out-of-town bands joined the line-up as polka IN THE HOUSE OF REPRESENTATIVES music and dancing grew in popularity. providing high-risk care in specialties such as Since then, Joe’s tremendous energy and Thursday, October 3, 2002 emergency medicine and obstetrics and gyne- enduring passion for the polka has been in- Mr. STUMP. Mr. Speaker, I rise today to cology, patients are forced to cross state lines strumental in keeping the music alive and pay tribute to the spirit of charity and two very in order to seek out treatment. We have all flourishing in Bay City and beyond, particularly good people in my district. watched with dismay as hospitals have been at Pulaski Hall. The list of bands that Joe has Gene and Poco Gertler joined us in Prescott forced to shut their doors and doctors have managed to bring to Bay City is a veritable just a few years ago, but they have made opted to treat patients without malpractice in- ‘‘Who’s Who’’ of the polka industry, including quite a difference for our community. While surance due to the high costs of premiums. The Polish Kid, Tony Blazonczyk, Polkamotion they came to enjoy retirement in Arizona, they Certainly, the trial attorneys who line their Crusade, Lenny Golmulka and The Chicago ended up working harder than they ever imag- pockets with egregious fees aren’t suffering as Push and many others. In fact, Lenny ined—not for themselves, but to improve the a result of the mess they’ve made with un- Gemulka’s retirement party was held at Pu- lives of other Arizonans. scrupulous lawsuits. These arguments only laski Hall. One day, while cleaning out closets for the underscore an already evident need for the Over the years, Joe also has extended his winter, they decided to donate their surplus states to pursue medical malpractice reforms. polka promotion efforts throughout the state clothes to the citizens of the Hopi reservation However, as one who believes firmly in fed- and across the country. He has attended 250 miles north of Prescott. And, since there eralism, I am unwilling to support legislation events produced by the United States Polka was extra room in the pickup truck, Gene sent that would, in effect, preempt the constitution Association and the International Polka Asso- an e-mail to 21 neighbors and friends, giving of the state of Arizona, which prohibits caps on damages. ciation. Of course, Joe’s wife, Rita, and them the opportunity to add their contributions. The natural evolution of health care delivery Well, instead of the few bags of clothing daughter, Jeanne, should also be commended suggests that a federal solution such as H.R. Gene and Poco expected, neighbors showed for their support of Joe and his keen interest 4600 may one day be necessary. Even today, up with over 600 pounds of donations— and involvement in anything and everything we need tort reform badly. It’s up to the states enough that they had to rent a trailer. Many of associated with the polka. to begin that process, and I plan to be part of Finally, Mr. Speaker, I ask my colleagues to the donations came from families the Gertlers those efforts. The states should follow Califor- join me in congratulating Joe Urban upon the didn’t know, but who had heard about the trip nia’s example, which has been an undeniable occasion of his induction into the Michigan by word of mouth. success over the past 25 years. State Polka Music Hall of Fame. It is an ap- Word continued to spread, and the Gertlers’ f propriate and well-deserved honor for some- one-time visit to the reservation became a reg- one who has made so many contributions to ular shuttle. Furniture and other household HONORING THE FEMINIST MAJOR- ensure that generations to come will continue items joined the clothes, and soon there was ITY FOUNDATION AND MS. MAG- to stomp their feet and dance to the energetic too much for the pickup and trailer. It seemed AZINE beat of the polka well into the future. like every load was bigger than the last. Many f people would be overwhelmed, or say, ‘‘I’ve HON. HILDA L. SOLIS done my part.’’ Gene and Poco bought a big- OF CALIFORNIA EIGHTH AVENUE SENIOR CENTER ger truck and a bigger trailer and kept on haul- IN THE HOUSE OF REPRESENTATIVES 9TH ANNIVERSARY ing. Thursday, October 3, 2002 The years bring new challenges to all of us, HON. NYDIA M. VELA´ ZQUEZ and sadly, Gene and Poco have found that Ms. SOLIS. Mr. Speaker, I rise today to rec- ognize a leader in the movement to establish OF NEW YORK they are no longer able to carry on their work. equality for women in the United States—the IN THE HOUSE OF REPRESENTATIVES But that wasn’t until they had rounded up and personally delivered over 25,000 pounds— Feminist Majority Foundation. Thursday, October 3, 2002 Co-founded by Peg Yorkin and Eleanor yes, over twelve tons—of clothing, furniture, Smeal, the Feminist Majority Foundation has Ms. VELA´ ZQUEZ. Mr. Speaker, I am hon- and other assistance for Arizona’s Native been instrumental in the fight to create gender ored to rise today to commemorate the 9th Americans. All for no remuneration other than Anniversary Celebration of the Eighth Avenue equality, eradicate domestic violence and pro- knowing they’d helped keep other people mote feminist women and men as they seek Senior Center sponsored by the Brooklyn Chi- warm. nese-American Association in my district. elected office across the country. The Bible says, ‘‘By their works shall ye Yorkin’s involvement with feminist causes Founded in 1988, the Brooklyn Chinese- know them.’’ We sure know about Gene and can be traced back to 1977, when she was American Association began as a small social Poco. And we are proud to call them our elected as a delegate from California to the services agency dedicated to providing assist- neighbors. National Women’s Conference. In 1986, she ance to the Asian American community. Since f worked with Eleanor Smeal, then the president then, that community has blossomed with over HELP EFFICIENT, ACCESSIBLE, of the National Organization for Women to 250,000 residents that form the heart of produce NOW’s 20th Anniversary show, and Brooklyn’s Chinatown. LOW-COST, TIMELY HEALTH CARE ACT OF 2002 in 1987, the two joined to found the Feminist The B.C.A. has expanded with the Eighth Majority Foundation. Avenue Senior Center, which serves the com- SPEECH OF Nineteen ninety-one was a banner year for munity with daily meals, bilingual information, the Feminist Majority, which received a historic English as a Second Language classes, Citi- HON. JEFF FLAKE $10 million gift to ensure a legacy of em- zenship classes, medical check-ups, and even OF ARIZONA powerment for young women. The first endow- field trips. Its membership is 1,800 and serves IN THE HOUSE OF REPRESENTATIVES ment made was a drive to make the so-called more than 200 senior citizens each day. Such Thursday, September 26, 2002 abortion pill RU–486 available to women. dedication to this community should be com- That year also saw sexual harassment pro- mended. Mr. FLAKE. Mr. Speaker, today I voted ‘‘no’’ pelled to new heights as Clarence Thomas On October 3, the Senior Center will host its on final passage of H.R. 4600, the Help Effi- was vetted for a spot on the U.S. Supreme Millennial Roundtable celebration in similar cient, Accessible, Low-cost, and Timely Court. Testimony by Anita Hill, coupled with style, by pairing guests with 12 senior mem- Healthcare (HEALTH) Act. My vote was a dif- the Senate’s treatment of her and her allega- bers aged 84 and older—a combined age of ficult one, but after consulting with both sup- tions of sexual harassment, prompted the 1000 years. The Double Millennial Roundtable porters and opponents of the bill, I was not Feminist Majority to open the Sexual Harass- pairs guests with 23 members aged 87 years convinced that the federal government should ment Hotline to provide information and help or older, for a combined age of 2000 years. preempt state law in this area. to harassment victims. This is a great tribute to the age, wisdom and Those supporting this bill have made some The groundbreaking efforts of the Feminist contributions our senior citizens have made, compelling arguments as to why Congress Majority continued, and in 2001 the organiza- and continue to make, to our community. should step in and institute these reforms. tion bought a building in Beverly Hills to house

VerDate Sep<04>2002 02:20 Oct 05, 2002 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.049 E04PT1 October 4, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1765 the Foundation and its new enterprise—the a non-charitable organization. This extraor- medical liability insurance premiums. I am editorial offices of Ms. Magazine, which the dinary feat is testament to the intelligence, concerned that additional costs make it more Feminist Majority acquired in January 2002. drive, determination, and commitment to serv- difficult for physicians to stay in practice, how- On Sunday, October 6, 2002, the Feminist ice of the students that make up San Mateo ever, this legislation does not address the real Majority Foundation will open its new offices. High School. problem. This bill does nothing to fix the in- Although the organization’s location may have Mr. Speaker, during the past century, San creasing cost of insurance premiums and goes changed, it and Ms. Magazine’s commitment Mateo High School has actively pursued and far beyond its stated purpose of reducing the remains the same—to advance the women’s achieved excellence in academic, vocational, costs of malpractice insurance, while compro- equality cause in the United States. performing arts, and athletic programs. It has mising the health and safety of patients. I urge my colleagues to join me in sup- provided countless opportunities for the en- porting this remarkable foundation. richment of students on the Peninsula and f f around the globe. I am greatly honored to have the privilege of representing this excel- TRIBUTE TO EDWARD TELLER ON A CENTURY OF SERVICE—SAN lent institution in the United States Congress. THE OCCASION OF THE 50TH AN- MATEO HIGH SCHOOL CELE- I urge all of my colleagues to join me in cele- NIVERSARY CELEBRATION OF BRATES 100 YEARS brating the 100th anniversary of San Mateo LAWRENCE LIVERMORE NA- High School. TIONAL LABORATORY HON. TOM LANTOS f OF CALIFORNIA HELP EFFICIENT, ACCESSIBLE, HON. ANNA G. ESHOO IN THE HOUSE OF REPRESENTATIVES LOW COST, TIMELY HEALTH Thursday, October 3, 2002 CARE ACT OF 2002 OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Mr. LANTOS. Mr. Speaker, I invite my col- SPEECH OF leagues in the Congress to join me in marking Thursday, October 3, 2002 a century of service as San Mateo High HON. BETTY McCOLLUM School celebrates its 100th anniversary. OF MINNESOTA Ms. ESHOO. Mr. Speaker, I rise today to Mr. Speaker, a century ago, the city of San IN THE HOUSE OF REPRESENTATIVES honor a distinguished American, a renowned Mateo and the rest of the Peninsula looked Thursday, September 26, 2002 scientist, a national icon, and a resident of the dramatically different than they do today. At its distinguished 14th Congressional District, Dr. Ms. MCCOLLUM. Mr. Speaker, I rise today Edward Teller. creation, the first high school in the San Mateo in strong opposition to H.R. 4600, the Union High School District required only three HEALTH Act of 2002. While this legislation Hailed as one of the most thoughtful states- teachers to educate the fourteen students who should address the skyrocketing costs of med- men of science and recognized by his sci- attended the school, which was housed in a ical malpractice insurance it is really a huge entific colleagues as one of the most imagina- three-bedroom cottage. During the next twen- tort reform bill that threatens to weaken patient tive and creative physicists alive, Edward Tell- ty-five years of its existence, San Mateo High protections. This legislation goes well beyond er has led an extraordinary career. Born into School moved three times, finally settling into medical malpractice. It would not only place a Jewish family on January 15, 1908 in Buda- its present location on Delaware Street, in San restrictions on the ability of individuals to re- pest, Hungary, Edward Teller grew up during Mateo, California, in 1927. ceive compensation when they are injured by a particularly turbulent time in Hungarian his- Like the rest of the Peninsula, the school the negligent conduct of health care providers. tory when a virulently anti-semitic fascist dic- has witnessed exceptional growth during the But it would also include, defective medical tator ruled the country. Edward Teller left his last one hundred years, and today San Mateo products, tainted prescription drugs, and homeland in 1926 to study in Germany and High School boasts an enrollment of 1,425 claims against HMO’s and health insurance received his Ph.D. in theoretical physics from ethnically and socially diverse students. It is companies. the University of Leipzig in 1930. Soon after that remarkable diversity, that is a major part This legislation would preempt current state the rise of Hitler, Edward Teller left Germany of what makes San Mateo High School a law regarding the statute of limitations for ac- and immigrated to the United States to take a great institution of learning. According to the tions. During my time in the Minnesota House teaching position at George Washington Uni- most recent figures, the school includes Afri- of Representatives, I supported legislation that versity and pursue his research in quantum can American, Hispanic, Caucasian, Filipino, lengthened the statute of limitations for med- mechanics. The rest as they say, ‘‘is history.’’ Asian American, Pacific Islander, and Native ical malpractice cases to four years. H.R. Dr. Teller has led one of the most distin- American students. 4600 would require lawsuits to be filed within guished careers in science. Most widely Mr. Speaker, in addition to this melting pot three years of the date of injury or only one known for his significant contributions to the of American students, San Mateo High year after discovery. We must have a longer first demonstration of thermonuclear energy, School’s student body also includes many statute of limitations to help protect individuals Dr. Teller also made enormous contributions international students. For many years the who have diseases with long incubation peri- to quantum theory, molecular physics and as- school participated in the American Field Serv- ods. trophysics. Since the early 1950’s, Dr. Teller ice’s exchange student program. This program For example, a patient who contracts HIV has been concerned with national defense. He facilitates international understanding by send- from mishandled blood, but does not show served as a member of the General Advisory ing American students to study abroad, and symptoms until three years later, could not Committee of the U.S. Atomic Energy Com- bringing foreign students to study in the United seek remedy for this gross injustice under this mission (1956 to 1958) and was Chairman of States. A testimony of the success of San new law. A patient who has a medical device the first Nuclear Reaction Safeguard Com- Mateo High School’s commitment to the bene- implanted and years later the device fails due mittee. Dr. Teller also served as Associate Di- fits of diversity is the fact that at one time the to a part defect, will not be able to seek rem- rector at the new Lawrence Livermore Na- student body was comprised of individuals edy under this new law. These patients de- tional Laboratory from 1954 to 1958 and be- from 80 different nations. This diversity cer- serve the same protections any other individ- came Director in 1958. tainly enriched the educational experience of uals who have been injured by other forms of the pupils and fostered international under- negligence. Edward Teller has earned numerous honors standing among its students. As Jacqueline The overly broad scope of this bill sets a . . . the Albert Einstein Award, the Enrico McEvoy, who became the school’s 13th prin- dangerous new precedent. We should not pre- Fermi Award, the Harvey Prize from the cipal in 2000, commented, ‘‘it was like walking vent individuals from seeking remedy for their Technion-Israel Institute, and the National into a microcosm of the world.’’ injuries by allowing medical manufacturers Medal of Science. Mr. Speaker, San Mateo High School and who obtain FDA approval, FDA ‘‘pre-market Mr. Speaker, I ask my colleagues to join me its students have also established an out- approval’’ or ‘‘are generally recognized as safe in honoring Edward Teller on the occasion of standing record of community service. The effective’’ to be exempted from liability. We the 50th anniversary celebration of Lawrence school was the recipient of international rec- should absolutely not be preempting states’ Livermore National Laboratory which he ognition when the Guinness Book of World HMO reform laws that have allowed patients helped found. We’re a better, more scientif- Records certified that the 214,713 pounds of to sue for wrongful actions. ically advanced, and safer nation because of food collected by the students at the school I have heard from doctors the challenges Dr. Teller and his extraordinary accomplish- was the largest food drive ever put together by they face over the significant increases in ments.

VerDate Sep<04>2002 02:20 Oct 05, 2002 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A03OC8.053 E04PT1 E1766 CONGRESSIONAL RECORD — Extensions of Remarks October 4, 2002 CARSON’S QUESTION OF When Taylor first began tutoring a new stu- which include drug treatment, transitional PRIVILEGE dent from Puerto Rico in his mother’s third- housing, education, job training, and youth as- grade class, he was reminded of ‘‘a turtle with sistance, have a combined success rate of 77 HON. TOM UDALL his head in his shell trying to forget about the percent. OF NEW MEXICO world outside.’’ But as he worked with him Don would often say that his most satisfying IN THE HOUSE OF REPRESENTATIVES each week, Taylor said, ‘‘I saw the turtle come moments came when he would meet someone Thursday, October 3, 2002 out of his shell.’’ who held out his or her hand and said, ‘‘Mr. Soon, other teachers were asking Taylor for DeVos, I went through your program and it Mr. UDALL of New Mexico. Mr. Speaker, I help with their limited-English and academi- changed my life!’’ It occurred at his favorite rise today to voice my strong support of Ms. cally challenged students, but he knew he lunch spot, Mario’s restaurant; on the street CARSON’s resolution and my even stronger didn’t have enough time to help everyone. So, outside his office on the notorious Cass Cor- support of Amtrak. As Ms. CARSON’s resolution after getting permission from his coach and ridor; even the doorman to Don’s apartment recognizes, Amtrak provided a vital transpor- the elementary school principal, Taylor re- building was once a Mission resident. This is tation alternative during the weeks and months cruited 37 members of his high school cross- Don’s legacy. following the attacks of September 11th. The country team and other friends to become While Don’s energy and inspiration came importance of Amtrak, however, goes far be- mentors, as well. He also applied for grant from above, the person who gave him daily yond simply providing an alternative mode of money to purchase incentive rewards and encouragement and strength was his beloved transportation in times of crisis. Amtrak serves fund a hot dog picnic, Christmas party, and wife, Betty, who passed away last year. Los- more than 500 stations in 46 states, provides other activities. ing his life-long partner was difficult for Don. employment to thousands of workers, and pro- The success of the first year convinced Tay- Now they are together again. vides a significant economic impact to small lor that other schools could also benefit from Don was a graduate of Union High School communities throughout the country. the program, and he began recruiting other in Grand Rapids. After graduating in 1942 Specifically, in my state of New Mexico the volunteer schools and teams. ‘‘It took a lot of from the Moody Bible Institute in Chicago he most recent figures show that New Mexico time and effort,’’ Taylor says, ‘‘but it was worth served in the U.S. Navy. Beginning in 1944, Amtrak ridership totaled 95,278 passengers. it. Life is much better when you take time to Don worked with Christian leaders throughout Amtrak also employed 63 New Mexicans total- help a child.’’ the world, including the Rev. Billy Graham, to ing wages of $3.62 million. Three Amtrak Mr. Speaker, I am honored to join the Pru- found Youth for Christ International and to di- routes run through New Mexico; the South- dential Spirit of Community Awards in recog- rect public relations for other faith-based inter- west Chief route, the Texas Eagle route, and nizing Taylor Bowman as one of South Caro- national organizations, including World Vision the Sunset Limited route. All three of these lina’s top youth volunteers. and Global Concern. Before coming to the lines are of vital importance to the number of f Mission, he founded a long-term residential small communities through which they run. treatment program in Texas for young sub- Communities such as Raton, Las Vegas, and TRIBUTE TO REV. DONALD F. stance abusers that has changed the lives of Gallup, all three of which are in the 3d Con- DEVOS thousands of boys and girls. gressional District, which I represent, depend In Don’s office hangs a beautiful motto that heavily on the Amtrak passengers to bring HON. MIKE ROGERS reads, ‘‘The will of God will never lead you their dollars to these local economies. Without OF MICHIGAN where the grace of God cannot keep you.’’ Amtrak, these communities would experience IN THE HOUSE OF REPRESENTATIVES The greatest thing I can say about Don is that devastating economic hits that would threaten he lived every day of his life by this sacred Thursday, October 3, 2002 the very existence of these wonderful places. promise. That is why it is so important that we pro- Mr. ROGERS of Michigan. Mr. Speaker, I Don DeVos died one year, one month, and vide Amtrak with the level of funding they rise today to pay tribute to the Rev. Donald F. one day after his beloved wife, Betty. have requested—the level of funding they DeVos, president of the Detroit Rescue Mis- f deem necessary to maintain and improve their sion Ministries (DRMM), who peacefully left existing services. The President’s request of this world on Saturday afternoon, September DISSENTING VIEWS ON CONGRES- $521 million will result in a severe cutback of 28, 2002. SIONAL EXECUTIVE COMMISSION Amtrak’s services, which will, in turn, result in Don dedicated his life to serving the least, ON CHINA ANNUAL REPORT a devastating impact on the communities that the last, and the lost. I witnessed this firsthand Amtrak currently serves. I urge my colleagues as late as March of this year when I met with HON. FRANK R. WOLF to not only support Ms. CARSON’s resolution, Don in my office. He was here in Washington, OF VIRGINIA but also support an increase to $1.2 billion of 81 years old, resplendent in his attire, walking IN THE HOUSE OF REPRESENTATIVES funding for Amtrak. the marble halls of Congress strongly advo- Thursday, October 3, 2002 f cating on behalf of Michigan’s at-risk and Mr. WOLF. Mr. Speaker, the Congressional abused youth. TRIBUTE TO TAYLOR BOWMAN Executive Commission on China released its Don brought tremendous vision, leadership, inaugural report today. I am one of nine com- grace and love to his work. He came to the missioners from the House. Because of my HON. JOHN M. SPRATT, JR. Mission in 1990 to just ‘‘help out’’ and two OF SOUTH CAROLINA concerns that this report inadequately ad- years later he became the organization’s IN THE HOUSE OF REPRESENTATIVES dresses the Government of China’s continuing president. When Don arrived, the Mission human rights abuses, I could not vote to sup- Thursday, October 3, 2002 quietly operated on a small budget, with few port it. I want to share with our colleagues my Mr. SPRATT. Mr. Speaker, I rise to recog- facilities, and a narrow focus in the city. Under dissenting views on the report. nize Taylor Bowman, of Fort Mill, South Caro- Don’s strong leadership, the Mission ex- lina, who was named a top youth volunteer panded its services and has become the larg- DISSENTING VIEW this year by The Prudential Spirit of Commu- est provider to the homeless and addicted in While this first report by the Congres- nity Awards, a nationwide program honoring southeast Michigan. sional Executive Commission on China young people for outstanding acts of vol- In 1998, Don DeVos was awarded Execu- (CECC) contains some worthwhile rec- ommendations and observations on the con- unteerism. The awards program, now in its tive of the Year by United Way Community tinued human rights abuses in the People’s seventh year, is conducted by Prudential Fi- Services. A year earlier, the City of Detroit Republic of China, I do not believe it suffi- nancial in partnership with the National Asso- awarded the Detroit Rescue Mission Ministries ciently describes and addresses the degree to ciation of Secondary School Principals. A Agency of the Year. Today, the Mission has which these human rights abuses can be laid record 28,000 high school and middle level an $8 million budget, operates facilities in 18 at the feet of the Government of China. students submitted applications for this year’s locations throughout the Metro area, including In a recent letter to all CECC commis- program. Highland Park and Howell. The Mission suc- sioners, human rights advocate Harry Wu Taylor, who graduated from Fort Mill High cessfully transforms the lives of gang mem- outlined several human rights issues in China that should have been included or dis- School this year, developed and led a men- bers, drug addicts, prostitutes, juvenile offend- cussed with more vigor and analysis in this toring program that paired high school athletes ers, and the homeless with time-tested, cost- report. I share in Mr. Wu’s analysis. with potential at-risk students from a local ele- effective programs, and through the power of For example, the section of the report on mentary school. the Living Gospel. The Mission’s programs, village elections gives the impression that

VerDate Sep<04>2002 02:20 Oct 05, 2002 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A03OC8.062 E04PT1 October 4, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1767 the practice of village elections may be a more skilled in the areas of business and EXPRESSING SORROW OF THE positive development in a transition to de- trade than in the area of human rights. As HOUSE AT THE DEATH OF THE mocracy in China, without seriously ana- the law that created the CECC states, moni- HONORABLE PATSY T. MINK, lyzing whether or not the Communist Party toring China’s compliance on respecting MEMBER OF CONGRESS FROM may use village elections as a method of es- human rights is a primary task of the com- tablishing control in the rural regions. The mission. I believe the commission’s efforts THE STATE OF HAWAII report says that ‘‘critics of the process say would be enhanced if staff expertise were that the Communist Party manipulates the more balanced, especially to include more SPEECH OF outcome[s]’’, but it does not adequately as- staff who have the passion for promoting sert that China’s rulers may use village elec- human rights in China. While I know that tions as part of a strategy to maintain con- the commission staff is composed of com- HON. JOSEPH CROWLEY trol. petent and skilled professionals, and they OF NEW YORK On another matter which Mr. Wu raises, it are people of integrity, I have been very dis- is perplexing that the report fails to reflect appointed with their shortcomings in human IN THE HOUSE OF REPRESENTATIVES the debate this year in Congress and in the rights and religious freedom advocacy. Tuesday, October 1, 2002 Bush Administration about China’s planned For the reasons outlined above, I believe birth policy, particularly regarding whether this report has some serious gaps in its cov- or not the Administration would withhold Mr. CROWLEY. Mr. Speaker, I rise today in erage of human rights in China and I cannot sadness at the passing of my colleague and funding from the United Nations Population sign the report. Control Fund. This important issue is not friend PATSY MINK. This commission was created with a man- addressed in this, the first, report of the But I also rise in great joy and gratitude as commission and is conspicuous by its ab- date to promote human rights in China. Un- sence. The commission recently held a hear- fortunately, I do not see this happening. I reflect on the paths she cleared for so many ing on this subject, and I believe the report Human rights organizations have expressed people. similar concerns to me and some have even should address in detail China’s planned PATSY MINK blazed trails for women and questioned whether the commission should birth policy. people of color. She was a stalwart progres- Similarly, I agree with Mr. Wu that the re- continue to exist. I have similar questions port fails to discuss China’s state-sponsored regarding the continued viability of the com- sive voice and aggressive leader on issues harvesting and trafficking of prisoners’ or- mission. important to the American people. gans, where a common thief can be executed Lastly, an observation: the fundamental She is known all over this great country for in order for his organs to be sold for trans- problem in China in regard to the govern- her work on minority affairs and equal rights. planting. Can you imagine being imprisoned ment’s human rights abuses and restriction Various groups have called her an inspira- for a minor offense and ending up being shot on human liberty is not the ‘‘law’’ in China, tional role model for students and an ‘‘Amer- in the head and having your kidneys or cor- but the ‘‘regime’’ in China. The root problem neas removed to be sold? Congress has held in China is not just a faulty legal system, ican political trailblazer extraordinaire.’’ The numerous hearings on this issue and the but a corrupt, totalitarian, oppressive, com- National Organization for Women called her a news media has written about this issue, but munist ruling regime that consistently vio- valiant champion. the report fails to discuss this horrible prac- lates human rights and religious freedom of One of her greatest successes was the pas- tice. its own citizens—Roman Catholics, Protes- sage of Title IX, which she sponsored. Title IX I also believe the recommendations on reli- tants, Falun Gong practitioners, Muslim gious freedom should be stronger. While Uighurs, Tibetan Buddhists or almost any- literally leveled the playing field for women in these recommendations may be well-inten- one who strives to worship and live with lib- academics and athletics, bringing countless tioned, they lack the necessary depth of dis- erty. women into athletics in high schools and col- cussion in addressing the Chinese Govern- leges and universities, and helping to fuel the ment’s continued persecution of believers of successes of many professional women’s f all faiths—Roman Catholics, Protestants, teams today. Falun Gong practitioners, Muslim Uighurs, and Tibetan Buddhists. RECOGNIZING ST. PAUL’S EVAN- PATSY MINK’s biggest fans were also her Furthermore, I am concerned that this GELICAL LUTHERAN CHURCH ON most important fans—the people she rep- commission may not be willing to be a direct THE OCCASION OF ITS 175TH AN- resented in Congress for 24 years, as well as advocate on behalf of human rights and reli- NIVERSARY the Hawaii Legislature and the Honolulu City gious freedom, through letters or conversa- Council, where she consistently advocated on tions with Chinese officials. As I stated at a commission hearing this behalf of and delivered for her constituents. year, this panel should follow the model of HON. THOMAS M. REYNOLDS This tireless work explains why her local pa- the Helsinki Commission and be vocal in its OF NEW YORK pers described her as ‘‘a true champion of the advocacy for individual cases and human IN THE HOUSE OF REPRESENTATIVES people.’’ rights in general. I agree with John Kamm, While there are words in honor of her vi- president of the Dui Hua religious freedom Thursday, October 3, 2002 organization, who has done more than al- brant life in service to the American people, most anyone I know for human rights in Mr. REYNOLDS. Mr. Speaker, I rise today perhaps the most fitting tribute is to strive to China, who said at a commission hearing, to recognize the 175th Anniversary of St. capture her extraordinary spirit in this great ‘‘The model should be the Helsinki Commis- Paul’s Lutheran Church in Eggertsville, New House as we continue the critical work she sion . . . I foresee a day when this commis- York. devoted her life to achieving—expanding job sion . . . is an arsenal of human rights.’’ and education opportunities for women, pro- Throughout this coming weekend, parish- The Helsinki Commission does not hesitate moting peace in our troubled world, and fight- to write directly to leaders of member coun- ioners will gather for a variety of celebrations ing for social justice. tries advocating human rights and religious to honor this milestone, and dedicate recent freedom. The Helsinki Commission has done building renovations. My own special memory of PATSY was of more than almost any other entity to bring the annual gift of chocolate covered maca- freedom, hope and democracy to the former First incorporated on December 18, 1827, St. Paul’s was founded by Rev. Vincent Phillip damia nuts she gave Members of Congress Soviet Union and the Eastern Bloc countries. from her native Hawaii. She was not only The CECC ought to follow this successful Meyerhoffer, a Hungarian immigrant who model. But, clearly, this has not yet oc- served as a Chaplain in the Austro-Hungarian thoughtful, she was an all around class act. curred, and it is almost as if the CECC is Empire in the Napoleonic wars. Rev. Mr. Speaker, we all came to Congress to afraid that it will offend the China Govern- Meyerhoffer came to Buffalo in 1819, and help better the lives of people we represent. ment. We fight hard everyday to achieve results that If I were a prisoner in China today, I won- founded St. Paul’s in order to serve the area’s der if I would have the same amount of trust German-speaking population. will improve the quality of life for people in our and hope in the CECC to take up my case Mr. Speaker, since its inception, St. Paul’s hometowns. But few can claim the results that with Chinese officials as Soviet dissidents Evangelical Lutheran Church has been an im- PATSY MINK delivered for the people of Hawaii. had in the Helsinki Commission, which was a portant part of the spiritual and of civic life of She is an inspiration to all of us. While being tireless advocate with officials in the former our community; and I ask that this Congress a role model for so many young people in Ha- Soviet Union. join me in wishing the clergy and parishioners waii and across the nation, she is also a role While there are those of us on the commis- model for each of us. sion on differing sides of the China PNTR of St Paul’s Evangelical Lutheran Church our issue, I am concerned with the perception sincerest best wishes on its 175th Anniversary God bless her distinguished career in public that many of the commission’s staff are celebration. service. And may God bless her family.

VerDate Sep<04>2002 02:20 Oct 05, 2002 Jkt 019060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.059 E04PT1 Friday, October 4, 2002 Daily Digest Senate Robert J. Battista, of Michigan, to be a Member Chamber Action of the National Labor Relations Board for the term Routine Proceedings, pages S9933–S9999 of five years expiring December 16, 2007. Measures Introduced: Six bills and two resolutions Wilma B. Liebman, of the District of Columbia, were introduced, as follows: S. 3057–3062, and S. to be a Member of the National Labor Relations Res. 333–334. Page S9983 Board for the term of five years expiring August 27, Measures Reported: 2006. S. 2799, to provide for the use of and distribution 1 Army nomination in the rank of general. of certain funds awarded to the Gila River Pima- A routine list in the Air Force. Pages S9998–99 Maricopa Indian Community, with an amendment in Nominations Withdrawn: Senate received notifica- the nature of a substitute. (S. Rept. No. 107–298) tion of withdrawal of the following nominations: S. 2989, to protect certain lands held in fee by Robert J. Battista, of Michigan, to be a Member the Pechanga Band of Luiseno Mission Indians from of the National Labor Relations Board for the term condemnation until a final decision is made by the of five years expiring August 27, 2006, which was Secretary of the Interior regarding a pending fee to sent to the Senate on June 13, 2002. Page S9999 trust application for that land. (S. Rept. No. Executive Communications: Pages S9981–83 107–299) Page S9983 Measures Passed: Additional Cosponsors: Pages S9983–84 Environmental Policy and Conflict Resolution Statements on Introduced Bills/Resolutions: Advancement: Senate passed S. 2064, to reauthorize Pages S9984–96 the United States Institute for Environmental Con- Additional Statements: Pages S9980–81 flict Resolution. Pages S9996–97 Authority for Committees to Meet: Page S9996 Native American Housing Assistance Reauthor- Privilege of the Floor: Page S9996 ization: Senate passed S. 1210, to reauthorize the Native American Housing Assistance and Self-Deter- Adjournment: Senate met at 9:30 a.m., adjourned mination Act of 1996, after agreeing to a committee at 6:09 p.m., until 12 noon, on Monday, October 7, amendment in the nature of a substitute. 2002. (For Senate’s program, see the remarks of the Pages S9997–98 Acting Majority Leader in today’s Record on page S9998). Measures Indefinitely Postponed: Airline Flight Attendants Heroism Recognition: Senate indefinitely postponed H. Con. Res. 401, rec- Committee Meetings ognizing the heroism and courage displayed by air- (Committees not listed did not meet) line flight attendants each day. Page S9996 Further Resolution on Iraq: Senate continued con- NOMINATION sideration of S.J. Res. 45, to authorize the use of United States Armed Forces against Iraq. Committee on Banking, Housing, and Urban Affairs: Pages S9933–38 Committee concluded hearings to examine the nomi- A unanimous-consent agreement was reached pro- nation of Philip Merrill, of Maryland, to be Presi- viding for further consideration of the resolution at dent of the Export-Import Bank of the United 1 p.m., on Monday, October 7, 2002. Page S9998 States, after the nominee, who was introduced by Senators Warner and Mikulski, testified and an- Nominations Received: Senate received the fol- swered questions in his own behalf. lowing nominations: D1040

VerDate Sep 04 2002 01:36 Oct 05, 2002 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D04OC2.REC D04OC2 October 4, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D1041 INTELLIGENCE Committee recessed subject to call. Select Committee on Intelligence: Committee held closed hearings on intelligence matters, receiving testimony from officials of the intelligence community. House of Representatives During the balance of the week, Senate expects to Chamber Action resume consideration of H.R. 5005, Homeland Secu- The House was not in session today. It will meet rity Act, and to consider any other cleared legislative on Monday, Oct. 7 at 9:30 a.m. for morning hour debate. and executive business, including appropriations bills and conference reports, when available. Committee Meetings Senate Committees No Committee meetings were held. (Committee meetings are open unless otherwise indicated) Committee on Armed Services: October 9, closed business Joint Meetings meeting to consider pending military nominations, 9:30 a.m., SR–222. SEPTEMBER EMPLOYMENT SITUATION October 10, Subcommittee on Personnel, to hold hear- Joint Economic Committee: Committee concluded hear- ings to examine the Department of Defense’s inquiry into ings to examine the employment and unemployment Project 112/Shipboard Hazard and Defense (SHAD) tests, situation for September, after receiving testimony 9:30 a.m., SR–232A. from Kathleen P. Utgoff, Commissioner, Bureau of Committee on Banking, Housing, and Urban Affairs: Octo- Labor Statistics, Department of Labor. ber 8, to hold hearings to examine perspectives on Amer- ica’s transit needs, 10 a.m., SD–538. f October 9, Subcommittee on Housing and Transpor- NEW PUBLIC LAWS tation, to hold oversight hearings to examine affordable housing preservation, 2:30 p.m., SD–538. (For last listing of Public Laws, see DAILY DIGEST October 2, Committee on Environment and Public Works: October 8, 2002, p. D1025) to hold oversight hearings to examine the current imple- H.R. 4558, to extend the Irish Peace Process Cul- mentation of the Clean Water Act, 9:30 a.m., SD–406. tural and Training Program. Signed on October 4, Committee on Finance: October 9, to hold hearings to ex- 2002. (Public Law 107–234) amine the financial war on terrorism focusing on new H.J. Res. 112, making further continuing appro- money trails, 10 a.m., SD–215. priations for the fiscal year 2003. Signed on October Committee on Foreign Relations: October 8, business 4, 2002. (Public Law 107–235) meeting to consider S. 3032, to amend the Microenter- f prise for Self-Reliance Act of 2000 and the Foreign As- sistance Act of 1961 to increase assistance for the poorest NEW PRIVATE LAWS people in developing countries under microenterprise as- sistance programs under those Acts; S. 2667, to amend (For last listing of Private Laws, see DAILY DIGEST October 2, 2002, p. D1025) the Peace Corps Act to promote global acceptance of the principles of international peace and nonviolent coexist- H.R. 486, for the relief of Barbara Makuch. ence among peoples of diverse cultures and systems of Signed on October 4, 2002. (Private Law 107–3) government; H.R. 3656, to amend the International Or- H.R. 487, for the relief of Eugene Makuch. ganizations Immunities Act to provide for the applica- Signed on October 4, 2002. (Private Law 107–4) bility of that Act to the European Central Bank, and f pending nominations and treaties, 2:15 p.m., S–116, Capitol. CONGRESSIONAL PROGRAM AHEAD October 9, Full Committee, to hold hearings to exam- ine the nominations of John Randle Hamilton, of North Week of October 7 through October 12, 2002 Carolina, to be Ambassador to the Republic of Guate- Senate Chamber mala; John F. Keane, of Virginia, to be Ambassador to On Monday and Tuesday, Senate will resume con- the Republic of Paraguay; and David N. Greenlee, of Maryland, to be Ambassador to the Republic of Bolivia, sideration of S.J. Res. 45, to authorize the use of 9 a.m., S–116, Capitol. United States Armed Forces against Iraq.

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October 9, Full Committee, to hold hearings to exam- Labor-Law: Labor-Management Relations in a Global ine the G8 global partnership against the spread of weap- Economy, 1:30 p.m., 2175 Rayburn. ons and materials of mass destruction (10 + 10 Over 10), October 9, Subcommittee on 21st Century Competi- 10:15 a.m., SD–419. tiveness, hearing on Training Tomorrow’s Teachers: En- Committee on Governmental Affairs: October 8, to hold suring a Quality Postsecondary Education, 2 p.m., 2175 hearings to examine the nominations of Ruth Y. Rayburn. Goldway, of California, to be a Commissioner of the Post- Committee on Energy and Commerce, October 9, Sub- al Rate Commission; and Tony Hammond, of Virginia, committee on Commerce, Trade and Consumer Protec- to be a Commissioner of the Postal Rate Commission for tion, hearing entitled ‘‘Telecommunications and Trade the remainder of the term expiring October 14, 2004, 9 Promotion Authority: Meaningful Market Access Goals a.m., SD–342. for Telecommunications Services in International Trade October 8, Subcommittee on Oversight of Government Agreements,’’ 10 a.m., 2322 Rayburn. Management, Restructuring and the District of Colum- October 9, Subcommittee on Health, hearing titled bia, to hold hearings to examine the current system of ‘‘Examining Issues Related to Competition in the Phar- regulation of the herb ephedra and oversight of dietary supplements, 10 a.m., SD–342. maceutical Marketplace: A Review of the FTC Report, Committee on Health, Education, Labor, and Pensions: Oc- ‘Generic Drug Entry Prior to Patent Expiration’,’’ 10 tober 7, to hold hearings to examine the nomination of a.m., 2123 Rayburn. Mark McClellan, of the District of Columbia, to be Com- October 10, Subcommittee on Oversight and Investiga- missioner of Food and Drugs, Department of Health and tions, to continue hearings entitled ‘‘An Inquiry into the Human Services, 1:30 p.m., SD–430. ImClone Cancer-Drug Story,’’ 10 a.m., 2123 Rayburn. October 9, Full Committee, business meeting to con- Committee on Financial Services, October 8, Sub- sider the nomination of Mark B. McClellan, of the Dis- committee on Oversight and Investigations, hearing enti- trict of Columbia, to be Commissioner of Food and tled ‘‘Catastrophic Bonds: Spreading Risk,’’ 2 p.m., 2128 Drugs, Department of Health and Human Services, Time Rayburn. to be announced, Room to be announced. Committee on Government Reform, October 8, Sub- Committee on the Judiciary: October 7, to hold hearings committee on Government Efficiency, Financial Manage- to examine pending judicial nominations, 2 p.m., ment and Intergovernmental Relations, oversight hearing SD–226. on ‘‘The Use and Abuse of Government Credit Cards at October 8, Full Committee, business meeting to con- the Department of the Navy,’’ 2 p.m., 2247 Rayburn. sider pending calendar business, 10 a.m., SD–226. October 8, Subcommittee on National Security, Vet- October 8, Full Committee, to hold hearings to exam- erans Affairs and International Relations, hearing on Are ine the Feres Doctrine focusing on the examination of We Listening to the Arab Street? 10 a.m., 2154 Ray- military exception to the Federal Torts Claims Act, 2 burn. p.m., SD–226. October 9, full Committee, to consider the following October 9, Subcommittee on Technology, Terrorism, bills: H.R. 5205, to amend the District of Columbia Re- and Government Information, to hold hearings to exam- tirement Protection Act of 1997 to permit the Secretary ine new laws implemented by the Administration in the of the Treasury to use estimated amounts in determining fight against terrorism, 10 a.m., SD–226. the service longevity component of the Federal benefit October 10, Subcommittee on Crime and Drugs, to payment required to be paid under such Act to certain hold hearings to examine protecting seniors from fraud, retirees of the Metropolitan Police Department of the 2:15 p.m., SD–226. District of Columbia; H.R. 5215, Confidential Informa- House Chamber tion Protection and Statistical Efficiency Act of 2002; H.R. 4187, Presidential Records Act Amendments of To be announced. 2002; and H.R. 2458, E-Government Act of 2002; and House Committees to consider the following Committee Reports entitled: Committee on Armed Services, October 8, Special Over- ‘‘Making Federal Computers Secure: Overseeing Effective sight Panel on the Merchant Marine, hearing on the De- Information Security Management;’’ ‘‘How Can The Fed- partment of Defense’s current and projected requirements eral Government Better Assist State and Local Govern- for vessels operating under the Maritime Security Pro- ments Prepare for a Biological, Chemical, or Nuclear At- gram, 9 a.m., 2212 Rayburn. tack?;’’ ‘‘The Federal Government’s Continuing Efforts to October 10, Special Oversight Panel on Terrorism, Improve Financial Management;’’ ‘‘Defense Security Serv- hearing on the Security of U.S. Embassies Abroad and the ice: The Personnel Security Investigations (PSI) Backlog Role of the Department of Defense, 8:30 a.m., 2212 Ray- Poses a Threat to National Security;’’ ‘‘Federal Law En- burn. forcement at the Borders and Ports of Entry: Challenges Committee on Education and the Workforce, October 8, and Solutions;’’ and ‘‘Problems With the Presidential Subcommittee on Education Reform, hearing on Literacy Gifts System,’’ 11 a.m., 2154 Rayburn. Partnerships That Work, 10 a.m., 2175 Rayburn. October 10, hearing on ‘‘The Collapse of Executive Life October 8, Subcommittee on Employer-Employee Rela- Insurance Company and its Impact on Policyholders,’’ 10 tions, hearing on Emerging Trends in Employment and a.m., 2154 Rayburn.

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October 10, Subcommittee on National Security, Vet- to specify the purpose for which collected fines may be erans Affairs and International Relations, hearing on Re- used; H.R. 5319, Healthy Forests Reform Act of 2002; search Into Persian Gulf War Veterans Illnesses, 9:30 and H.R. 5399, Carpinteria and Montecito Water Dis- a.m., 2247 Rayburn. tribution Systems Conveyance Act of 2002; and to discuss Committee on International Relations, October 9, Sub- the Comprehensive Natural Resources Protection Act, 10 committee on International Operations and Human a.m., 1324 Longworth. Rights, hearing on An Evaluation of the International October 10, Subcommittee on Forests and Forest Religious Freedom Report, 2 p.m., 2172 Rayburn. Health, hearing on the following bills: H.R. 5102, Wild- October 10, Subcommittee on Western Hemisphere, fire Response Act of 2002; H.R. 5185, Wildlife Response hearing on Drug Corruption and Other Threats to Demo- Enhancement Act; and H.R. 5513, to authorize and di- cratic Stability in Guatemala and the Dominican Repub- rect the exchange of certain land in the State of Arizona lic,10 a.m., 2172 Rayburn. between the Secretary of Agriculture and Yavapai Ranch Committee on the Judiciary, October 8, Subcommittee on Limited Partnership, 10 a.m., 1334 Longworth. Crime, Terrorism and Homeland Security, hearing on Committee on Rules, October 7, to consider H.J. Res. H.R. 2929, Bail Bond Fairness Act of 2001, 4 p.m., 114, Authorization for the use of Military Force Against 2237 Rayburn. Iraq, 4:30 p.m., H–313 Capitol. October 9, Subcommittee on Immigration, Border Se- Committee on Science, October 10, hearing on Conducting curity, and Claims, oversight hearing on ‘‘The Immigra- Research During the War on Terrorism: Balancing Open- tion and Naturalization Services’s (INS’s) Interactions ness and Security, 10 a.m., 2318 Rayburn. with Hesham Mohamed Al Hedayet,’’ 3 p.m., 2141 Ray- Committee on Transportation and Infrastructure, October 8, burn. Subcommittee on Highways and Transit, hearing on H.R. October 10, Subcommittee on the Constitution, over- 5455, Expediting Project Delivery to Improve Transpor- sight hearing on ‘‘A Judicial Diminished is Justice De- tation and the Environment Act, 10 a.m., 2167 Rayburn. nied: the Constitution, the Senate, and the Vacancy Crisis October 9, Subcommittee on Highways and Transit, in the Federal Judiciary,’’ 9 a.m., 2141 Rayburn. oversight hearing on Federal Lands Highway Program, 10 Committee on Resources, October 8, to mark up the fol- a.m., 2167 Rayburn. lowing bills: H.R. 2202, Lower Yellowstone Reclamation October 10, Subcommittee on Water Resources and Projects Conveyance Act; H.R. 4601, to provide for the Environment, oversight hearing on West Nile Virus: the conveyance of a small parcel of Bureau of Land Manage- Clean Water Act and Mosquito Control, 10 a.m., 2167 ment land in Douglas County, Oregon, to the county to Rayburn. improve management of and recreational access to the Or- Committee on Ways and Means, October 7, to mark up egon Dunes National Recreation Area; H.R. 4912, to in- the following bills: H.R. 5553, Protecting America’s Sav- crease the penalties to be imposed for a violation of fire ings Act of 2002; and H.R. 1619, to amend the Internal regulations applicable to the public lands, National Park Revenue Code of 1986 to increase the limitation on cap- System lands, or National Forest System lands when the ital losses applicable to individuals, 6 p.m., 1100 Long- violation results in damage to public or private property, worth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 Noon, Monday, October 7 9:30 a.m., Monday, October 7

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: To be announced. morning business (not to extend beyond 1 p.m.), Senate will resume consideration of S.J. Res. 45, to authorize the use of United States Armed Forces against Iraq.

Extensions of Remarks, as inserted in this issue

HOUSE Flake, Jeff, Ariz., E1764 Rogers, Mike, Mich., E1766 Graves, Sam, Mo., E1757 Sanchez, Loretta, Calif., E1759 Acevedo-Vila´ , Anı´bal, Puerto Rico, E1749 Hall, Ralph M., Tex., E1750, E1752, E1753 Schakowsky, Janice D., Ill., E1762 Ackerman, Gary L., N.Y., E1756 Hansen, James V., Utah, E1750, E1755 Shows, Ronnie, Miss., E1758 Baldwin, Tammy, Wisc., E1763 Hart, Melissa A., Pa., E1763 Slaughter, Louise McIntosh, N.Y., E1756 Barcia, James A., Mich., E1763 Holt, Rush D., N.J., E1753, E1756 Bereuter, Doug, Nebr., E1756 Isakson, Johnny, Ga., E1754 Smith, Adam, Wash., E1757 Berkley, Shelley, Nev., E1752, E1755 Israel, Steve, N.Y., E1751, E1758 Smith, Christopher H., N.J., E1749 Boehlert, Sherwood L., N.Y., E1760 Kaptur, Marcy, Ohio, E1750, E1752, E1754 Solis, Hilda L., Calif., E1764 Boucher, Rick, Va., E1760 Kildee, Dale E., Mich., E1750, E1754, E1757 Spratt, John M., Jr., S.C., E1766 Combest, Larry, Tex., E1755 Kleczka, Gerald D., Wisc., E1756 Strickland, Ted, Ohio, E1754 Costello, Jerry F., Ill., E1760 Lantos, Tom, Calif., E1765 Stump, Bob, Ariz., E1764 Crowley, Joseph, N.Y., E1767 Lee, Barbara, Calif., E1753, E1759 Terry, Lee, Nebr., E1749, E1751, E1753 Cunningham, Randy ‘‘Duke’’, Calif., E1757 McCollum, Betty, Minn., E1765 Udall, Mark, Colo., E1759 Davis, Tom, Va., E1757 Maloney, Carolyn B., N.Y., E1762 Udall, Tom, N.M., E1766 Deutsch, Peter, Fla., E1763 Matheson, Jim, Utah, E1749 ´ Eshoo, Anna G., Calif., E1765 Portman, Rob, Ohio, E1754 Velazquez, Nydia M., N.Y., E1764 Etheridge, Bob, N.C., E1758 Reynolds, Thomas M., N.Y., E1767 Wolf, Frank R., Va., E1766

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