E PL UR UM IB N U U S United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, TUESDAY, FEBRUARY 25, 2003 No. 30 House of Representatives The House met at 2 p.m. and was Pursuant to clause 1, rule I, the Jour- OFFICE OF THE CLERK, called to order by the Speaker pro tem- nal stands approved. HOUSE OF REPRESENTATIVES, pore (Mrs. CAPITO). Washington, DC, February 14, 2003. f Hon. J. DENNIS HASTERT, f The Speaker, House of Representatives, PLEDGE OF ALLEGIANCE DESIGNATION OF THE SPEAKER Washington, DC. The SPEAKER pro tempore. Will the DEAR MR. SPEAKER: Pursuant to the per- PRO TEMPORE gentleman from South Carolina (Mr. mission granted in Clause 2(h) of Rule II of The SPEAKER pro tempore laid be- WILSON) come forward and lead the the Rules of the U.S. House of Representa- fore the House the following commu- House in the Pledge of Allegiance. tives, the Clerk received the following mes- nication from the Speaker: sage from the Secretary of the Senate on Mr. WILSON of South Carolina led February 14, 2003, at 10:38 a.m. WASHINGTON, DC, the Pledge of Allegiance as follows: That the Senate passed S. Con. Res. 4. February 25, 2003. I pledge allegiance to the Flag of the That the Senate passed without amend- I hereby appoint the Honorable SHELLY United States of America, and to the Repub- ment H.R. 395. MOORE CAPITO to act as Speaker pro tempore lic for which it stands, one nation under God, That the Senate passed without amend- on this day. indivisible, with liberty and justice for all. ment H. Con. Res. 1. J. DENNIS HASTERT, That the Senate passed without amend- f Speaker of the House of Representatives. ment H. Con. Res. 35. f MESSAGE FROM THE SENATE That the Senate passed without amend- ment H. Con. Res. 41. PRAYER A message from the Senate by Mr. That the Senate passed without amend- The Chaplain, the Reverend Daniel P. Monahan, one of its clerks, announced ment H.J. Res. 19. Coughlin, offered the following prayer: that the Senate has passed a bill of the That the Senate agreed to conference re- Eternal God, Divine Providence has following title in which the concur- port H.J. Res. 2. rence of the House is requested: Appointment: Harry S Truman Scholarship guided this Nation throughout its his- Foundation. S. 151. An act to amend title 18, United tory. With best wishes, I am States Code, with respect to the sexual ex- You have brought us through times Sincerely, ploitation of children. of war and times of peace, days of hard- JEFF TRANDAHL, ship and days of plenty. The message also announced that Clerk of the House. Through all of our struggles You pursuant to section 8002 of title 26, f have brought to light great falsehoods , the Chair, on be- and led us to embrace greater truths. half of the Committee on Finance, an- ANNOUNCEMENT BY THE SPEAKER Be with the Members of the 108th nounces the designation of the fol- PRO TEMPORE Congress and guide them in these un- lowing Senators as members of the The SPEAKER pro tempore. Pursu- settling times. Joint Committee on Taxation: ant to clause 4 of rule I, Speaker pro Keep our Nation strong and, in Your The Senator from Iowa (Mr. GRASS- tempore BARTLETT signed the following loving care, keep us safe. LEY). enrolled joint resolution on Tuesday, Be close to those who are in most The Senator from Utah (Mr. HATCH). February 18, 2003: need of Your consolation and help. The Senator from Oklahoma (Mr. H.J. Res. 2, making consolidated ap- Listen to all who call upon Your holy NICKLES). propriations for the fiscal year ending name in prayer as they struggle to un- The Senator from Montana (Mr. BAU- September 30, 2003, and for other pur- derstand the signs of the times. CUS). poses. The Senator from West (Mr. We beg to know Your holy will now f and forever. ROCKEFELLER). REJECT EXPLOITATION Amen. f f (Mr. DELAY asked and was given per- COMMUNICATION FROM THE mission to address the House for 1 THE JOURNAL CLERK OF THE HOUSE minute and to revise and extend his re- The SPEAKER pro tempore. The The SPEAKER pro tempore laid be- marks.) Chair has examined the Journal of the fore the House the following commu- Mr. DELAY. Madam Speaker, the last day’s proceedings and announces nication from the Clerk of the House of coming debate on cloning raises a fun- to the House her approval thereof. Representatives: damental issue: Is it ethical to turn

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

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VerDate Jan 31 2003 05:28 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.000 H25PT1 H1278 CONGRESSIONAL RECORD — HOUSE February 25, 2003 human reproduction into a scientific that should remember the con- vote is objected to under clause 6 of manufacturing process? To me, Madam sequences of coddling tyrants, they are rule XX. Speaker, the answer is an unequivocal and Germany. Record votes on postponed questions no. There is no moral justification for But these two countries seem to have will be taken after 6:30 p.m. today. human cloning. forgotten. f Some people claim that, in this case, The world is watching as Saddam HONORING THE LIFE OF AL the ends justify the means and we Hussein amasses weapons so powerful HIRSCHFELD AND HIS LEGACY should just ignore the ethical connota- they could wipe out whole armies, tions of creating cloned human em- whole cities and, given time, perhaps Mrs. BLACKBURN. Madam Speaker, bryos, for whatever purpose. But let us even whole nations; and we know he I move to suspend the rules and agree establish the first principle here: every will use them because he has done so to the resolution (H. Res. 46) honoring life is precious and every life is unique. before. But France and Germany seem the life of Al Hirschfeld and his legacy. The procedures contemplated by op- to be doing everything in their power The Clerk read as follows: ponents of a full cloning ban are no to foil our plans to stop him before it H. RES. 46 better than medical strip-mining, and is too late. Whereas Al (Albert) Hirschfeld was born they would trample the dignity of life. Is it because these two countries June 21, 1903, in St. Louis, Missouri; This we cannot and will not allow. have seen so much blood that they just Whereas Hirschfeld moved to f cannot stand the thought of another City with his family at age 12; Whereas, by age 18, Hirschfeld was already HONORING JUSTICE ERNEST A. war? Or is it because so much of the art director for Selznick Pictures; FINNEY, JR. Saddam’s technology has come from Whereas Hirschfeld went on to study paint- Germany? Perhaps it is because France (Mr. WILSON of South Carolina ing, sculpture, and drawing in ; asked and was given permission to ad- is Saddam’s third largest trading part- Whereas on a trip in Bali, Hirschfeld first dress the House for 1 minute and to re- ner. France and Germany’s reckless- became ‘‘enchanted with line’’ and developed ness has even risked the safety of an his signature style of caricature; vise and extend his remarks.) Whereas, in 1926, Hirschfeld attended the Mr. WILSON of South Carolina. ally and threatened the cohesiveness of NATO itself, although I am glad to say theater with press agent Richard Maney, Madam Speaker, I rise today to cele- who noticed the sketch Hirschfeld had brate the extraordinary achievements they have come to their senses there. doodled on his program and convinced him to of Earnest A. Finney, Jr. It is time for Germany and France to submit it to the New York Herald Tribune, Raised by his father after his mother decide where they stand. Are they on which printed it on its front page; died following his birth, Earnest the side of tyrants, or are they on the Whereas Hirschfeld began receiving peri- Finney went on to graduate from side of freedom? There is no other odic drawing assignments for the drama Claflin College and from South Caro- choice. pages of ; Whereas Hirschfeld became a close friend lina State University School of Law. f of legendary New York Times theater critic Finding it difficult to earn a living as HOUR OF MEETING ON WEDNES- Brooks Atkinson and developed a relation- an attorney, Finney became a teacher DAY, FEBRUARY 26, 2003, AND ship with the newspaper that would last and waited tables to make ends meet. THURSDAY, FEBRUARY 27, 2003 nearly 75 years; Finney then settled in Sumter, South Whereas Hirschfeld went on to draw nearly Carolina, with his family and became Mr. WILSON of South Carolina. every important figure of the American the- South Carolina’s leading defender of Madam Speaker, I ask unanimous con- ater for the New York Times; civil rights, representing more than sent that when the House adjourns Whereas searching for the name of 6,000 clients. In 1963 Finney served as today, it adjourn to meet at 1 p.m. on Hirschfeld’s daughter, Nina, sometimes hid- Wednesday, February 26; and that when den as many as a dozen times within his chairman of the South Carolina Com- drawings, became a favorite pastime for mission on Civil Rights and in 1972 was the House adjourns on Wednesday, it readers; elected to the South Carolina House of adjourn to meet at 1 p.m. on Thursday, Whereas Hirschfeld’s work has appeared in Representatives. He was then elected February 27, 2003. numerous books and is hung in many muse- as judge of the Third Judicial Circuit The SPEAKER pro tempore. Is there ums including the Metropolitan Museum of in 1976. objection to the request of the gen- Art, the Museum of Modern Art, the Whitney Later, in 1994, Ernest Finney, who tleman from South Carolina? Museum of American Art, and the St. Louis was once denied membership in South There was no objection. Art Museum; Carolina’s lawyers association because Whereas Hirschfeld received 2 special An- f toinette Perry (Tony) Awards for excellence of his race, became the first African RECESS in the theater; American chief justice of South Caro- Whereas Hirschfeld was elected to the lina’s Supreme Court since Reconstruc- The SPEAKER pro tempore. Pursu- American Academy of Arts and Letters; tion. I am extremely honored to have ant to clause 12(a) of rule I, the Chair Whereas Hirschfeld was selected to receive been Justice Finney’s first Republican declares the House in recess until ap- the National Medal of Arts in 2003; supporter in the State Senate. Since proximately 4 p.m. today. Whereas in 1996 Hirschfeld was named a then, Justice Finney has retired and Accordingly (at 2 o’clock and 10 min- Living New York City Landmark by the New was named interim president of South utes p.m.), the House stood in recess York Landmarks Conservancy; Whereas audiences for years to come will Carolina State University in 2002. until approximately 4 p.m. be reminded of Hirschfeld’s life and work Justice Finney remains a bright and f through a Broadway theater named after shining star; and I thank him for his him; service, integrity, and commitment to b 1615 Whereas success on Broadway was meas- making South Carolina and America a AFTER RECESS ured, in part, by whether one had been better place. caricatured by Hirschfeld; The recess having expired, the House Whereas Hirschfeld’s drawings helped to f was called to order by the Speaker pro communicate to millions of people the ex- GERMANY AND FRANCE MUST tempore (Mrs. CAPITO) at 4 o’clock and citement of live theater; DECIDE WHERE THEY STAND 15 minutes p.m. Whereas Hirschfeld continued working until the day he passed away, January 20, (Mr. PITTS asked and was given per- f 2003, at the age of 99; and mission to address the House for 1 ANNOUNCEMENT BY THE SPEAKER Whereas Hirschfeld’s unique contribution minute and to revise and extend his re- PRO TEMPORE to American culture will be sorely missed: marks.) Now, therefore, be it Mr. PITTS. Madam Speaker, nearly a The SPEAKER pro tempore. Pursu- Resolved, That the House of Representa- century ago, George Santayana wrote, ant to clause 8 of rule XX, the Chair tives honors the life of Al Hirschfeld and his ‘‘Those who cannot remember the past will postpone further proceedings legacy, and extends its condolences to his are condemned to repeat it.’’ today on motions to suspend the rules family, friends, and loved ones. This is a big world we live in, but if on which a recorded vote or the yeas The SPEAKER pro tempore. Pursu- there are two countries in this world and nays are ordered, or on which the ant to the rule, the gentlewoman from

VerDate Jan 31 2003 02:11 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.004 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1279 Tennessee (Mrs. BLACKBURN) and the mentioned, he often featured the word citement and glamour of live theater. gentleman from Tennessee (Mr. COO- Nina for his daughter in thousands and Al Hirschfeld was born on June 21, 1903, PER) each will control 20 minutes. thousands of his drawings. In fact, it is in St. Louis, Missouri, and moved to The Chair recognizes the gentle- kind of fun to find the Ninas in a par- New York City with his family at the woman from Tennessee (Mrs. ticular drawing and Hirschfeld made age of 12. He discovered his artistic tal- BLACKBURN). more than 10,000 caricatures in his ca- ents early on; and by age 18, he had al- GENERAL LEAVE reer. ready been hired as art director for Mrs. BLACKBURN. Madam Speaker, At the tender age of 11, Hirschfeld’s Selznick Pictures, drawing the posters I ask unanimous consent that all Mem- art teacher in St. Louis told his moth- for such important movies as the Marx bers may have 5 legislative days within er, ‘‘There is nothing more that we can Brothers’ ‘‘A Night at the Opera.’’ which to revise and extend their re- teach him here in St. Louis.’’ It was a night at the theater, how- marks on the resolution under consid- The family promptly moved to New ever, that was the turning point in his eration. York where he enrolled in the Art Stu- life. In 1926 Hirschfeld attended a The SPEAKER pro tempore. Is there dents’ League. At age 17, Hirschfeld be- Broadway show with press agent Rich- objection to the request of the gentle- came an art director at Selznick Pic- ard Maney, who was impressed by the woman from Tennessee? tures. He held that position for about 4 sketch Hirschfeld had doodled on his There was no objection. years; and then in 1924 he moved to program. Maney convinced him to sub- Mrs. BLACKBURN. Madam Speaker, Paris to work, led a Bohemian life, mit the sketch to the New York Herald I yield myself such time as I may con- grew a beard, which he retained until Tribune, which printed it on its front sume. his death. page. Periodic drawing assignments Madam Speaker, House Resolution Although Hirschfeld is best known from the Herald Tribune lead to an in- 46, introduced by my distinguished col- for his illustrations on the New York vitation from the New York Times to league, the gentleman from New York Times’s theater pages, he also turned contribute a drawing for its drama (Mr. NADLER), honors the life of leg- out posters for Broadway shows and pages. Thus began one of the most endary illustrator Al Hirschfeld. drew for ‘‘TV Guide,’’ ‘‘The Washing- fruitful partnerships in history as Al Madam Speaker, Al Hirschfeld passed tonian,’’ ‘‘Play Bill,’’ ‘‘Rolling Stone’’ Hirschfeld’s drawings became a critical away at his home in New York City on and many, many other publications. element of the New York Times’s January 20 at the age of 99. During his In 1991, Al Hirschfeld became the drama coverage for the next 75 years. remarkable career that spanned three- first artist in history to have his name Hirschfeld drew nearly every impor- quarters of a century, Al Hirschfeld on a U.S. postage stamp booklet when tant figure in the American theater drew caricatures of giants of the per- the United States Postal Service re- and popular culture from Charlie forming arts world that appeared pri- leased five stamps they commissioned Chaplin to Jerry Seinfeld. His drawings marily in the New York Times, but Hirschfeld to design. The stamps por- were caricatures. They captured the es- also in a variety of books and periodi- tray Laurel and Hardy, Jack Benny, sence of a performer in just a few lines. cals. An A-list of museums and gal- Edgar Bergen and Charlie McCarthy, They were never mean-spirited and leries feature his works, including the Abbot and Costello, and Fanny Brice. never meant to hurt a subject. In fact, Metropolitan Museum of Art in New The Hirschfeld postage stamps were it was a mark of respect and an honor York and the St. Louis Art Museum, so successful that in 1994 the U.S. Post- to be captured in a Hirschfeld. Many a which is in his hometown. al Service again commissioned performer reticent to give an interview His drawings, easily recognized by Hirschfeld to portray Hollywood’s cele- to the New York Times could be con- their distinctive flowing lines and the brated stars of the silent screen era. vinced when a Hirschfeld drawing was hidden word ‘‘Nina,’’ the name of his This series of commemorative promised if he would give the inter- daughter that appeared in each of his Hirschfeld stamps honors Rudolf view. works, turned generations of his own Valentino, Charlie Chaplin, Buster No tribute to Al Hirschfeld could be fans into connoisseurs of all art and Keaton, and the Keystone Cops. complete without mention of his theater. Indeed, in June of 1990, I had In a 1999 interview with Reuters, daughter, Nina, whose name has ap- the opportunity to meet some of his Hirschfeld is quoted as saying, ‘‘After peared in nearly every Hirshfeld draw- family members to observe and admire 70 years of drawing you have to im- ing since her birth in 1945. It became a his work firsthand and even to go on a prove, otherwise you are a dolt. It is a popular activity for regular readers of search for some of those Ninas that question of elimination and under- the Times to locate the one or many were hidden in his caricatures when his standing, of trial and error, and sud- Ninas hidden throughout in his draw- exhibit was at the Tennessee Botanical denly something happens, an epiph- ings. Gardens and Fine Arts Center in Nash- any.’’ In this Hirschfeld, for example, you ville. Madam Speaker, I urge my col- will observe that the Nina is through- By passing this resolution, this leagues to support H. Res. 46, honoring out the tie and that next to his signa- House can express the sadness of the the life and legacy of Al Hirschfeld. ture the number 23 is put in, which is City of New York, and indeed all of Madam Speaker, I yield such time as the number of times Nina’s name is in America, from Al Hirschfeld’s passing he may consume to the distinguished the caricature. last month. Therefore, I urge all Mem- gentleman from New York (Mr. NAD- Throughout his life, Hirschfeld bers to support the adoption of House LER). gained wide recognition for his work Resolution 46. Mr. NADLER. Madam Speaker, I rise which appeared in numerous books and Madam Speaker, I reserve the bal- in support of this resolution, and I museums, including the Metropolitan ance of my time. would like to thank the leadership of Museum of Art, the Museum of Modern Mr. COOPER. Madam Speaker, I both sides for bringing it to the floor Art, the Whitney Museum, and the St. yield myself such time as I may con- today. Louis Art Museum. He also earned sume. As a sponsor of the resolution and as countless honors such as receiving two Madam Speaker, today we honor the the Member of Congress representing special Tony awards for excellence in life and legacy of Al Hirschfeld, the pen the Broadway community, I appreciate the theater and for being named a liv- and ink illustrator who chronicled the bipartisan support this resolution ing New York City landmark. some 75 years of American theater and has received. Shortly before his passing he learned entertainment history who died on Madam Speaker, this resolution is in that he had been elected to the Amer- January 20 in Manhattan at the age of honor of a beloved member of the ican Academy of Arts and Letters and 99. American theater community who was to have been presented with the Hirschfeld, who was born June 21, passed away in his sleep this past Jan- National Medal of Arts by President 1903 in St. Louis, earned a special Tony uary 20. Bush at the White House later this award for his drawing of theater peo- Throughout his long and extraor- year. And as an ultimate tribute from ple. As my colleague, the gentlewoman dinary career, Al Hirschfeld’s drawings the theater community to which he from Tennessee (Mrs. BLACKBURN), has conveyed to millions of people the ex- contributed so much, on June 21st of

VerDate Jan 31 2003 02:11 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.007 H25PT1 H1280 CONGRESSIONAL RECORD — HOUSE February 25, 2003 this year, which would have been his PERMITTING OFFICIAL PHOTO- b 1630 100th birthday, he will have a theater GRAPHS TO BE TAKEN WHILE Mr. MICA. Madam Speaker, I yield named after him. THE HOUSE IS IN ACTUAL SES- myself the balance of my time. But while all of this recognition is SION Again, this is a bipartisan request. It well deserved, Al Hirschfeld was most Mr. MICA. Madam Speaker, I move is too bad that the picture is not taken at home at his drawing board, sitting to suspend the rules and agree to the today when we all look relaxed, re- on the barber’s chair he liked to use. resolution (H. Res. 67) permitting offi- freshed, coming back from our dis- He was still working until the day he cial photographs of the House of Rep- tricts, but it will be taken, as I said, died, drawing a picture of his good resentatives to be taken while the March 12. friends, the Marx Brothers. House is in actual session on March 12, Madam Speaker, I have no further We will never forget Al Hirschfeld. 2003. speakers, and I yield back the balance His work will endure for many, many The Clerk read as follows: of my time. generations. But there is a big hole in The SPEAKER pro tempore (Mrs. H. RES. 67 the Sunday Times these days with no CAPITO). The question is on the motion Hirschfeld drawings to liven up the Resolved, That on March 12, 2003, official photographs of the House may be taken offered by the gentleman from Florida drama pages and no Ninas to search while the House is in actual session. Pay- (Mr. MICA) that the House suspend the for. ment for the costs associated with taking, rules and agree to the resolution, H. Madam Speaker, I urge my col- preparing, and distributing such photographs Res. 67. leagues to vote for this resolution. I may be made from the applicable accounts of The question was taken; and (two- hope we pass it unanimously. the House of Representatives. thirds having voted in favor thereof) Mrs. BLACKBURN. Madam Speaker, The SPEAKER pro tempore. Pursu- the rules were suspended and the reso- I yield myself such time as I may con- ant to the rule, the gentleman from lution was agreed to. sume. Florida (Mr. MICA) and the gentleman A motion to reconsider was laid on Madam Speaker, I thank the distin- from Connecticut (Mr. LARSON) each the table. guished gentleman from New York (Mr. will control 20 minutes. f NADLER). I simply urge adoption of this The Chair recognizes the gentleman GENERAL LEAVE measure. from Florida (Mr. MICA). Ms. SLAUGHTER. Madam Speaker, I rise Mr. MICA. Madam Speaker, I yield Mr. MICA. Madam Speaker, I ask today to remember the much-beloved New myself such time as I may consume. unanimous consent that all Members York artist, Al Hirschfeld, who brought the vi- Madam Speaker, I rise here today for may have 5 legislative days within brant world of Broadway alive for 75 years— some mundane business, but important which to revise and extend their re- longer than most of us live. as far as the history of the House is marks on the subject of House Resolu- This singular talent drew the actors, com- concerned, and that is consideration of tion 67, the resolution just agreed to. The SPEAKER pro tempore. Is there posers, choreographers, directors who made it House Resolution 67, which would au- objection to the request of the gen- all work—the talented people who are respon- thorize the use of the Chambers of the sible for what we collectively call ‘‘the theater,’’ tleman from Florida? House for a photograph, official photo- There was no objection. but what we also recognize is one of the graph of the House of Representatives unique contributions of American culture. For for the 108th Congress while we are in f a mild-mannered and gentle soul, he was a session. PERMITTING USE OF ROTUNDA OF veritable force of nature. I am pleased to do this today on be- CAPITOL FOR CEREMONY AS Hirschfeld’s curvy, single line drawings that half of the gentleman from Ohio PART OF COMMEMORATION OF appeared to be so spare, so simple, held with- (Chairman NEY) of the Committee on DAYS OF REMEMBRANCE OF VIC- in them all the awe with which he—and we the House Administration who is not able TIMS OF HOLOCAUST audience—felt for this original and talented ar- to be with us; but as a Member I am Mr. MICA. Madam Speaker, I move tistic community—and he did it over the gen- pleased that the official photograph of erations. His work, his memory, and the the- to suspend the rules and agree to the the House will be taken, and I will an- concurrent resolution (H. Con. Res. 40) atre he loved will live on, and we will appre- nounce this on March 12, 2003. permitting the use of the rotunda of ciate it more because of a prolific ability to Payments associated with the tak- the Capitol for a ceremony as part of share his vision of it with us. ing, preparing, and distributing of the I urge all my colleagues to support the reso- the commemoration of the days of re- photo may be made from the applicable membrance of victims of the Holo- lution that remembers and commemorates Al accounts of the House. The official Hirschfeld—a giant in the business of making caust. photo of the House of Representatives, The Clerk read as follows: magic happen before your very eyes, on the as we all know, has become a tradition New York stage. H. CON. RES. 40 Mrs. BLACKBURN. Madam Speaker, for each of our Congresses. I believe Resolved by the House of Representatives (the I have no further requests for time, and this photograph is not only an appro- Senate concurring,) That the rotunda of the priate moment to the Members serving Capitol is authorized to be used on April 30, I yield back the balance of my time. 2003, for a ceremony as part of the com- Mr. COOPER. Madam Speaker, I have in the 108th Congress but also a valu- able historical record. I urge full sup- memoration of the days of remembrance of no further requests for time, and I victims of . Physical prepara- yield back the balance of my time. port of this bipartisan request for this tions for the ceremony shall be carried out The SPEAKER pro tempore. The resolution. in accordance with such conditions as the question is on the motion offered by Madam Speaker, I reserve the bal- Architect of the Capitol may prescribe. the gentlewoman from Tennessee (Mrs. ance of my time. The SPEAKER pro tempore. Pursu- BLACKBURN) that the House suspend Mr. LARSON of Connecticut. Madam ant to the rule, the gentleman from the rules and agree to the resolution, Speaker, I yield myself such time as I Florida (Mr. MICA) and the gentleman H. Res. 46. may consume. from Connecticut (Mr. LARSON) each The question was taken. Madam Speaker, I rise in strong sup- will control 20 minutes. The SPEAKER pro tempore. In the port of this resolution and wish to as- The Chair recognizes the gentleman opinion of the Chair, two-thirds of sociate myself with the remarks of my from Florida (Mr. MICA). those present have voted in the affirm- esteemed colleague from Florida (Mr. Mr. MICA. Madam Speaker, I yield ative. MICA) on what has become a quin- myself such time as I may consume. Mrs. BLACKBURN. Madam Speaker, tessential Kodak moment for the Mem- Madam Speaker, I am pleased to rise on that I demand the yeas and nays. bers of this august body. And I look here today for consideration of House The yeas and nays were ordered. forward to that photo opportunity be- Concurrent Resolution 40, which is nec- The SPEAKER pro tempore. Pursu- cause I agree with the gentleman that essary to permit the House and the ant to clause 8 of rule XX and the this clearly is a historic moment for Congress to use the rotunda of the Cap- Chair’s prior announcement, further the House as well. itol for a ceremony as part of the com- proceedings on this motion will be Madam Speaker, I yield back the bal- memoration of the days of remem- postponed. ance of my time. brance of victims of the Holocaust.

VerDate Jan 31 2003 05:28 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.009 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1281 The United States Holocaust Memo- tleman from Florida (Mr. MICA) for Mr. MICA. Madam Speaker, I yield rial Museum was charged with pro- bringing it before us today, and the myself the balance of my time. viding appropriate ways for the Nation gentleman from Virginia (Mr. CANTOR), Madam Speaker, I am pleased again to commemorate the days of remem- the new chief deputy majority whip, to bring before the House, House Con- brance as an annual national and civic for introducing it. current Resolution 40 which would per- commemoration of the Holocaust. As a Congress provides for this ceremony mit the use of the rotunda of the Cap- result of this legislation, the very first every year during the spring. Related itol for a ceremony as part of the com- ceremony of remembrance was held in events will be occurring all over the memoration of the days of remem- the rotunda in 1979. It has been held country. I am proud to acknowledge brance for the victims of the Holo- there every year since that time except that it has set a precedent in the State caust. I urge my colleagues to pass this for periods when the rotunda has been of Connecticut. I presided over that concurrent resolution and also for closed for renovations. chamber’s Holocaust memorial services them to reflect upon the time in his- House Concurrent Resolution 40, the for 8 years. tory that we face, the potential for an- resolution before us, will provide this These related events provide Ameri- other Holocaust and the easy route of year’s national ceremony which will be cans of all faiths and ethnic back- ignoring the world situation and the conducted on April 30, 2003, in the ro- grounds to reflect on the Holocaust, to potential for human disaster. Difficult tunda of the United States Capitol remember its victims and to strength- choices in our times, but we cannot af- Building. The purpose of the days of re- en our commitment to democracy and ford to ever experience what we will membrance, again, is to ask all citi- human rights. It is appropriate that we commemorate and remember, victims zens, all Americans, to reflect on the use the Capitol rotunda, the citadel for of the Holocaust from World War II, on this occasion and use of our rotunda. Holocaust, to remember the victims the rule of law and the location of so Ms. ROS-LEHTINEN. Madam Speaker, I and to strengthen our sense of democ- many historic ceremonies, to again want to rise in support of H. Con. Res. 40, au- racy, our demand for human rights. draw attention to one of the greatest thorizing the rotunda of the Capitol to be used This ceremony will be the center- tragedies in human history. It reminds on April 30, 2003, for a ceremony as part of piece of similar remembrance cere- us that such events must never be per- the commemoration of the days of remem- monies to be held throughout the Na- mitted to occur. brance of victims of the Holocaust, and com- tion. Members of the Congress, govern- Each year the ceremony has a theme mend the gentleman from Virginia (Mr. CAN- ment officials, foreign dignitaries, Hol- geared to specific events which oc- TOR) for bringing this important measure to the ocaust survivors, and citizens from all curred during the Holocaust, as the gentleman from Florida (Mr. MICA) has floor at this time. walks of life have attended previous pointed out. This year’s theme for the When we talk of the Holocaust, we speak of ceremonies. At last year’s days of re- days of remembrance is ‘‘For Your a unique atrocity, distinct from any other. membrance commemoration in the ro- Freedom and Ours,’’ to honor the cou- The mass murder that was inflicted upon tunda of our Capitol, Assistant to the rageous armed resistance of the Jews millions of innocent men, women, and children President for National Security Af- in the to deportation must be viewed both as crimes against hu- fairs, Condoleeza Rice, was the keynote and slaughter in the Nazi death camps. manity and acts of genocide in their own right, speaker. Two years ago, President Between July and September of 1942 and should be remembered as such. George W. Bush gave the keynote ad- the Germans deported nearly 300,000 Yet, while the Holocaust is unique in history, dress. Jews from the Warsaw ghetto for exe- anti-Semitism continues to haunt European The theme for this particular day of cution. Cut off from assistance from society. Initially, Jews returning home after their lib- remembrance is ‘‘For Your Freedom the outside world, poorly armed resist- eration from the death camps often were met and Ours.’’ How fitting and how proper ance forces fought the German mili- by their neighbors who had taken their that it be in honor and remembrance of tary for a month, in April and May of houses, refused to return them, and in many those courageous individuals in the 1943, until the ghetto was finally de- places murdered these survivors of the Nazis. Warsaw ghetto who valiantly rose up stroyed. This resistance served as a against their Nazi oppressors some 60 More recently, the continued violence in symbolic victory and protest in the Israel, the West Bank and Gaza has released years ago. fight against oppression and helped In remembering those who took a de- pent-up anti-Semitism throughout Europe. raise the consciousness about the In my capacity as the Chair of the Sub- termined stand against Nazism, we atrocities Hitler was perpetrating in honor the memory of those who per- committee on International Operations and Europe. Human Rights in the 107th Congress, I held ished, and of course we are reminded While the days of remembrance com- that individuals do have the power, and several hearings and briefings on the rise of memorates historic events in the 1930s religious persecution in Europe, engaged in the choice, to make a difference in the and 1940s in Europe, the issues raised fight against oppression and murderous Western European nations in combating the by the Holocaust remain fresh in our rise of anti-Semitism within their counties and hatred. And we are so much reminded memories as we survey the political of that today as we make choices here in international fora, where anti-Semitic and scene in the world today. The nature anti-Israel bias prevails. in this Congress and as our President and tactics of war and the identity of However, this most recent outbreak of anti- makes choices, not only for our Nation an enemy may change, but what re- Semitism is not limited to Europe by any but the world, against similar oppres- mains is the terror, the cruelty, and means. sion and potential Holocaust. the madness of it. Many of the ancient canards and lies about Madam Speaker, I urge that we sup- It is especially timely now to encour- Jews are being resurrected in the Arab media. port this resolution. age public reflection on the faith of This includes the revival of the ‘‘blood libel’’ Madam Speaker, I reserve the bal- and to remember and pervasive Holocaust denial by the govern- ance of my time. that there was then and there is still ment-controlled press in Egypt and Saudi Ara- Mr. LARSON of Connecticut. Madam today evil in the world. The ceremony bia. Speaker, I yield myself such time as I we are authorizing today reminds us This cannot be tolerated. may consume. that individuals, as well as Nations, We must demand that these governments, Madam Speaker, I rise in support of can strike a blow to preserve the bal- recipients of significant U.S. foreign assistance House Concurrent Resolution 40, au- ance on which human civilization and other U.S. support, take immediate action thorizing the use of the Capitol ro- rests. to publicly repudiate both the message of hate tunda on April 30, 2003, for a ceremony I urge the passage of this concurrent and violence, as well as the purveyors of such sponsored by the United States Holo- resolution. I have no additional speak- filth. caust Memorial Council, pursuant to ers, but I would just like to thank Matt Today, as we consider this measure to pro- Public Law 106–292, to observe the days Pinkus from our staff for his very thor- vide a forum for honoring the courage and in- of remembrance for the victims of the ough job and assistance in the com- domitable will of the victims of the Holocaust, Holocaust. ments that I used to address the body let us be guided by the lessons of the past I am pleased to be an original cospon- today. and commit ourselves to eradicating the intol- sor of this resolution, and I want to Madam Speaker, I yield back the bal- erance and extremism which led to this grim congratulate the distinguished gen- ance of my time. period in history.

VerDate Jan 31 2003 02:11 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 9920 E:\CR\FM\K25FE7.014 H25PT1 H1282 CONGRESSIONAL RECORD — HOUSE February 25, 2003 Accordingly, I urge my colleagues to support and we must dedicate ourselves to continue to proliferation of weapons of mass de- this important resolution, so that the lessons of educate people around the globe about the struction that was declared in Execu- the Holocaust may not be forgotten. horrors of the Holocaust. We must be forever tive Order 12938 of November 14, 1994. Mr. CROWLEY. Madam Speaker, I am hon- mindful of the danger of such intolerance and GEORGE W. BUSH. ored to rise today in support of H. Con. Res. ensure that it never happens again. THE WHITE HOUSE, February 25, 2003. 40, permitting the use of the rotunda of the Madam Speaker, that is why there can be f Capitol for a ceremony as part of the com- no place more fitting than the rotunda of our RECESS memoration of the days of remembrance of Capitol, where freedom shines, to remember victims of the Holocaust. Remembrance of vic- those innocent who suffered from a tyrant The SPEAKER pro tempore. Pursu- tims of the Holocaust is an indispensable and past, and to speak to the hope of those op- ant to clause 12(a) of rule I, the Chair enduring task. We all must honor and identify pressed people who suffer from the tyrants of declares the House in recess until ap- with the victims. I therefore strongly support today. proximately 6:30 p.m. the use of the rotunda of the Capitol for a Mr. MICA. Madam Speaker, I yield Accordingly (at 4 o’clock and 43 min- ceremony remembering the victims of the Hol- back the balance of my time. utes p.m.), the House stood in recess ocaust. The SPEAKER pro tempore. The until approximately 6:30 p.m. The most horrifying extent of anti-Semitism question is on the motion offered by f took place during the Nazi and Fascist reign in the gentleman from Florida (Mr. MICA) Europe. Jewish people were beaten, discrimi- that the House suspend the rules and b 1830 nated, and deported to concentration camps agree to the concurrent resolution, H. AFTER RECESS where they had to suffer from hard labor and Con. Res. 40. The recess having expired, the House medical experiments or were executed in gas The question was taken. was called to order by the Speaker pro chambers. This most horrible form of anti- The SPEAKER pro tempore. In the tempore (Mr. WHITFIELD) at 6 o’clock Semitism took the lives of more than six mil- opinion of the Chair, two-thirds of and 30 minutes p.m. lion people, and the Jewish fate must never those present have voted in the affirm- be forgotten. Indeed, we must ensure that the ative. f seeds of anti-Semitism are never sown again Mr. MICA. Madam Speaker, on that I ELECTION OF MEMBERS TO CER- in Europe or elsewhere in the world. demand the yeas and nays. TAIN STANDING COMMITTEES OF And although we are currently in the sixth The yeas and nays were ordered. THE HOUSE decade after the end of the Holocaust, the The SPEAKER pro tempore. Pursu- Mr. BURTON of Indiana. Mr. Speak- fight against anti-Semitism is far from over. ant to clause 8 of rule XX and the er, I offer a resolution (H. Res. 98), and Quite the contrary, new hatred against Jews Chair’s prior announcement, further I ask unanimous consent for its imme- can be witnessed in Europe, the Caucasus, proceedings on this motion will be diate consideration. and Central Asia. Nazi slogans are shouted in postponed. the streets of Germany, synagogues are burnt, The Clerk read the resolution, as fol- f and Jews are beaten up. This kind of hatred lows: has already brought catastrophe to the Jewish GENERAL LEAVE H. RES. 98 people. Remembrance of the past is therefore Mr. MICA. Madam Speaker, I ask Resolved, That the following Members be essential as it helps focus attention on current unanimous consent that all Members and are hereby elected to the following standing committees of the House of Rep- and future threats to the Jewish people may have 5 legislative days within Remembrance must, however, go beyond resentatives: which to revise and extend their re- Small Business: Mr. King of Iowa. intellectual insight and historical facts and marks on the subject of H. Con. Res. 40. Veterans’ Affairs: Mr. Murphy. should also include an emotional under- The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Is there standing, as far as this is possible. Only then objection to the request of the gen- are people ready to develop an attitude of objection to the request of the gen- tleman from Florida? tleman from Indiana? zero-tolerance against anti-Semitism and dis- There was no objection. crimination in general. There was no objection. Mr. CANTOR. Madam Speaker, I rise today f The resolution was agreed to. A motion to reconsider was laid on in support of this important resolution, H. Con. MESSAGE FROM THE PRESIDENT Res. 40, permitting the use of the United the table. A message in writing from the Presi- States Capitol rotunda to observe, Yom f dent of the United States was commu- Hashoah, the Day of Remembrance for Vic- nicated to the House by Ms. Wanda ANNOUNCEMENT BY THE SPEAKER tims of the Holocaust. Evans, one of his secretaries. PRO TEMPORE Madam Speaker, seventy years ago a tyrant as evil as any known in the history of man, f The SPEAKER pro tempore. Pursu- ant to clause 8 of rule XX, proceedings rose to power preaching an agenda of hate REPORT ON NATIONAL EMER- will resume on motions to suspend the and racial superiority. His shadow caused GENCY REGARDING PROLIFERA- rules previously postponed. Votes will darkness to fall upon the earth. He slew the TION OF WEAPONS OF MASS DE- be taken in the following order: innocent and pure, men and women and chil- STRUCTION—MESSAGE FROM H. Res. 46, by the yeas and yeas; dren, with vapors of poison and burned them THE PRESIDENT OF THE UNITED H. Con. Res. 40, by the yeas and nays. with fire. And when the light of freedom shined STATES (H. DOC. NO. 108–41) again, tens of millions lay dead, cities and na- The first electronic vote will be con- tions lay in ruin and a world stood awe struck The SPEAKER pro tempore laid be- ducted as a 15-minute vote. Remaining at the horrors that had occurred. fore the House the following message electronic votes will be conducted as 5- Sadly today, even in our time, we face from the President of the United minute votes. States; which was read and, together again totalitarian regimes led by maniacal dic- f tators who threaten the peace and stability of with the accompanying papers, without the world. The rotunda of the United States objection, referred to the Committee HONORING THE LIFE OF AL Capitol represents the seat of free and open on International Relations and ordered HIRSCHFELD AND HIS LEGACY discourse, the foundation of our democracy, to be printed: The SPEAKER pro tempore. The and is an anathema to those tyrannical lead- To the Congress of the United States: pending business is the question of sus- ers and their regimes. As required by section 204(c) of the pending the rules and agreeing to the We in the United States, the birthplace of International Emergency Economic resolution, H. Res. 46. Thomas Jefferson and Martin Luther King, Powers Act, 50 U.S.C. 1703(c), and sec- The Clerk read the title of the resolu- enjoy a great deal of freedom. We must not tion 401(c) of the National Emergencies tion. take these freedoms for granted. We must not Act, 50 U.S.C. 1641(c), I transmit here- The SPEAKER pro tempore. The forget that genocide and human rights abuses with a 6-month periodic report pre- question is on the motion offered by continue to occur around the world. We must pared by my Administration on the na- the gentlewoman from Tennessee (Mrs. not remain silent when such atrocities occur, tional emergency with respect to the BLACKBURN) that the House suspend

VerDate Jan 31 2003 05:28 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.009 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1283 the rules and agree to the resolution, Nethercutt Ros-Lehtinen Tancredo ANNOUNCEMENT BY THE SPEAKER H. Res. 46, on which the yeas and nays Ney Ross Tanner PRO TEMPORE Northup Rothman Tauscher are ordered. Norwood Roybal-Allard Tauzin The SPEAKER pro tempore. Pursu- The vote was taken by electronic de- Nunes Royce Taylor (MS) Nussle Ruppersberger ant to clause 8 of rule XX, the next vice, and there were—yeas 403, nays 0, Taylor (NC) vote will be a 5-minute vote. Oberstar Ryan (OH) Terry not voting 31, as follows: Obey Ryan (WI) Thomas f Olver Sabo Thompson (CA) [Roll No. 33] Ortiz Sanchez, Linda Thompson (MS) Osborne T. PERMITTING USE OF ROTUNDA OF YEAS—403 Thornberry Ose Sanchez, Loretta Tiahrt CAPITOL FOR CEREMONY AS Abercrombie Deal (GA) Jackson (IL) Owens Sanders Ackerman DeFazio Jackson-Lee Oxley Sandlin Tiberi PART OF COMMEMORATION OF Aderholt DeGette (TX) Pallone Saxton Tierney DAYS OF REMEMBRANCE OF VIC- Akin Delahunt Janklow Pascrell Schakowsky Toomey TIMS OF HOLOCAUST Alexander DeLauro Jefferson Pastor Schiff Towns Allen DeLay Jenkins Paul Schrock Turner (OH) The SPEAKER pro tempore. The Andrews DeMint John Payne Scott (GA) Turner (TX) pending business is the question of sus- Baca Deutsch Johnson (IL) Pearce Scott (VA) Udall (CO) pending the rules and agreeing to the Bachus Diaz-Balart, L. Johnson, E. B. Pelosi Sensenbrenner Udall (NM) Baird Diaz-Balart, M. Johnson, Sam Pence Serrano Upton concurrent resolution, H. Con. Res. 40. Baker Dicks Jones (NC) Peterson (PA) Sessions Van Hollen The Clerk read the title of the con- Baldwin Dingell Kanjorski Petri Shadegg Velazquez Ballance Doggett Kaptur current resolution. Pickering Shaw Visclosky The SPEAKER pro tempore. The Ballenger Dooley (CA) Keller Pitts Shays Vitter Barrett (SC) Doolittle Kelly Platts Sherman Walden (OR) question is on the motion offered by Bartlett (MD) Doyle Kennedy (MN) Pombo Sherwood Walsh the gentleman from Florida (Mr. MICA) Barton (TX) Dreier Kildee Pomeroy Shimkus Wamp Beauprez Duncan Kilpatrick that the House suspend the rules and Porter Shuster Waters Becerra Dunn Kind agree to the concurrent resolution, H. Portman Simmons Watson Bell Edwards King (IA) Price (NC) Simpson Con. Res. 40, on which the yeas and Bereuter Ehlers King (NY) Watt Pryce (OH) Skelton Waxman nays are ordered. Berkley Emanuel Kingston Putnam Slaughter Weiner Berman Emerson Kirk Quinn Smith (MI) This will be a 5-minute vote. Weldon (FL) Berry Engel Kleczka Radanovich Smith (NJ) The vote was taken by electronic de- Weldon (PA) Biggert English Kline Rahall Smith (TX) vice, and there were—yeas 408, nays 0, Bilirakis Eshoo Knollenberg Weller Ramstad Smith (WA) not voting 26, as follows: Bishop (GA) Etheridge Kolbe Rangel Solis Wexler Bishop (NY) Evans Kucinich Regula Souder Whitfield [Roll No. 34] Bishop (UT) Everett LaHood Wicker Rehberg Spratt YEAS—408 Blackburn Farr Lampson Renzi Stark Wilson (NM) Blumenauer Fattah Langevin Reyes Stearns Wilson (SC) Abercrombie Capps Etheridge Blunt Ferguson Lantos Reynolds Stenholm Wolf Ackerman Capuano Evans Boehlert Filner Larsen (WA) Rodriguez Strickland Woolsey Aderholt Cardin Everett Boehner Flake Larson (CT) Rogers (KY) Stupak Wu Akin Cardoza Farr Bonilla Fletcher Latham Rogers (MI) Sullivan Wynn Alexander Carson (OK) Feeney Bonner Foley LaTourette Rohrabacher Sweeney Young (AK) Allen Carter Ferguson Bono Forbes Leach Andrews Case Filner Boozman Ford Lee NOT VOTING—31 Baca Castle Flake Boswell Fossella Levin Bachus Chabot Fletcher Bass Gordon McDermott Boucher Frank (MA) Lewis (GA) Baird Chocola Foley Carson (IN) Gutierrez Millender- Boyd Franks (AZ) Lewis (KY) Baker Clay Forbes Carter Hastings (WA) McDonald Bradley (NH) Frelinghuysen Linder Baldwin Coble Ford Clyburn Hinchey Brady (PA) Frost LoBiondo Otter Ballance Cole Fossella Combest Hoeffel Brady (TX) Garrett (NJ) Lofgren Peterson (MN) Ballenger Collins Frank (MA) Conyers Hooley (OR) Brown (OH) Gerlach Lowey Rogers (AL) Barrett (SC) Conyers Franks (AZ) Cox Johnson (CT) Brown (SC) Gibbons Lucas (KY) Rush Bartlett (MD) Cooper Frelinghuysen Davis (IL) Jones (OH) Brown, Corrine Gilchrest Lucas (OK) Ryun (KS) Barton (TX) Costello Frost Feeney Kennedy (RI) Brown-Waite, Gillmor Lynch Snyder Beauprez Cox Garrett (NJ) Gallegly Lewis (CA) Ginny Gingrey Majette Young (FL) Becerra Cramer Gerlach Gephardt Lipinski Burgess Gonzalez Maloney Bell Crane Gibbons Burns Goode Manzullo ANNOUNCEMENT BY THE SPEAKER PRO Bereuter Crenshaw Gilchrest Burr Goodlatte Markey TEMPORE. Berkley Crowley Gillmor Burton (IN) Goss Marshall Berman Cubin Gingrey Buyer Granger Matheson The SPEAKER pro tempore. (Mr. Berry Culberson Gonzalez Calvert Graves Matsui WHITFIELD) (during the vote). The Biggert Cummings Goode Camp Green (TX) McCarthy (MO) Chair will remind Members there are Bilirakis Cunningham Goodlatte Cannon Green (WI) McCarthy (NY) Bishop (GA) Davis (AL) Goss Cantor Greenwood McCollum less than 2 minutes remaining on this Bishop (NY) Davis (CA) Granger Capito Grijalva McCotter vote. Bishop (UT) Davis (FL) Graves Capps Gutknecht McCrery Blackburn Davis (TN) Green (TX) Capuano Hall McGovern Blumenauer Davis, Jo Ann Green (WI) Cardin Harman McHugh b 1850 Blunt Davis, Tom Greenwood Cardoza Harris McInnis Boehlert Deal (GA) Grijalva Carson (OK) Hart McIntyre So (two-thirds having voted in favor Boehner DeFazio Gutknecht Case Hastings (FL) McKeon thereof) the rules were suspended and Bonilla DeGette Hall Castle Hayes McNulty the resolution was agreed to. Bonner Delahunt Harman Chabot Hayworth Meehan The result of the vote was announced Bono DeLauro Harris Chocola Hefley Meek (FL) Boozman DeLay Hart Clay Hensarling Meeks (NY) as above recorded. Boswell DeMint Hastings (FL) Coble Herger Menendez A motion to reconsider was laid on Boucher Deutsch Hayes Cole Hill Mica the table. Boyd Diaz-Balart, L. Hayworth Collins Hinojosa Michaud Bradley (NH) Diaz-Balart, M. Hefley Cooper Hobson Miller (FL) Stated for: Brady (PA) Dicks Hensarling Costello Hoekstra Miller (MI) Mr. FEENEY. Mr. Speaker, on rollcall No. Brady (TX) Dingell Herger Cramer Holden Miller (NC) 33 I was unavoidably detained. Had I been Brown (SC) Doggett Hill Crane Holt Miller, Gary present, I would have voted ‘‘Yea.’’ Brown, Corrine Dooley (CA) Hinojosa Crenshaw Honda Miller, George Brown-Waite, Doolittle Hobson Crowley Hostettler Mollohan Mr. ROGERS of Alabama. Mr. Speaker, on Ginny Doyle Hoekstra Cubin Houghton Moore rollcall No. 33 I was unavoidably detained. Burgess Dreier Holden Culberson Hoyer Moran (KS) Had I been present, I would have voted Burns Duncan Holt Cummings Hulshof Moran (VA) Burr Dunn Honda Cunningham Hunter Murphy ‘‘Yea.’’ Burton (IN) Edwards Hostettler Davis (AL) Hyde Murtha Mr. CARTER. Mr. Speaker, due to weather Buyer Ehlers Houghton Davis (CA) Inslee Musgrave related factors, I was unavoidably detained Calvert Emanuel Hoyer Davis (FL) Isakson Myrick and missed H. Res. 46 rollcall vote No. 33. If Camp Emerson Hulshof Davis (TN) Israel Nadler Cannon Engel Hunter Davis, Jo Ann Issa Napolitano I were present, I would have voted in favor of Cantor English Hyde Davis, Tom Istook Neal (MA) H. Res. 46. Capito Eshoo Inslee

VerDate Jan 31 2003 04:46 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.020 H25PT1 H1284 CONGRESSIONAL RECORD — HOUSE February 25, 2003 Isakson Miller (NC) Schakowsky b 1857 the double taxation is a good issue, but Israel Miller, Gary Schiff Issa Miller, George Schrock So (two-thirds having voted in favor it is just patently wrong for a person in Istook Mollohan Scott (GA) thereof) the rules were suspended and my district who makes $60,000 a year Jackson (IL) Moore Scott (VA) the concurrent resolution was agreed working at a chemical plant or refin- Jackson-Lee Moran (KS) Sensenbrenner ery, because they work 40 hours a week (TX) Moran (VA) Serrano to. Janklow Murphy Sessions The result of the vote was announced and maybe overtime to pay their tax Jefferson Murtha Shadegg as above recorded. rates. For somebody to sit home and Jenkins Musgrave Shaw A motion to reconsider was laid on clip coupons because maybe they inher- John Myrick Shays ited that and they make $60,000 a year, Johnson (CT) Nadler Sherman the table. Johnson (IL) Napolitano Sherwood to say I am sorry, you do not have to f Johnson, E. B. Neal (MA) Shimkus pay taxes on that is wrong. Income is Johnson, Sam Nethercutt Shuster PERSONAL EXPLANATION income. Jones (NC) Ney Simmons Mrs. JONES of Ohio. Mr. Speaker, on roll- Now, I agree that I would like to in- Kanjorski Northup Simpson call Nos. 33 and 34, H. Res. 46 and H. Con. Kaptur Norwood Skelton crease the dividend deduction so we Keller Nunes Slaughter Res. 40, I was on the hill but my pager was can help smaller investors, but, again, Kelly Nussle Smith (MI) inoperable. I would have voted ‘‘yes’’ on both abolishing the dividend tax, which is Kennedy (MN) Oberstar Smith (NJ) resolutions. Kildee Obey Smith (TX) half the President’s plan, is just pat- Kilpatrick Olver Smith (WA) f ently wrong for the American people. Kind Ortiz Solis King (IA) Osborne Souder b 1900 f King (NY) Ose Spratt Kingston Otter Stark IN SUPPORT OF THE PRESIDENT’S BALANCING THE COST OF WAR Kirk Owens Stearns ECONOMIC PLAN AGAINST THE COST OF TAX RE- Kleczka Oxley Stenholm DUCTION Kline Pallone Strickland (Mrs. MILLER of Michigan asked and Knollenberg Pascrell Stupak was given permission to address the (Mr. MORAN of Virginia asked and Kolbe Pastor Sullivan House for 1 minute and to revise and was given permission to address the Kucinich Paul Sweeney extend her remarks.) House for 1 minute and to revise and LaHood Payne Tancredo Lampson Pearce Tanner Mrs. MILLER of Michigan. Mr. extend his remarks.) Langevin Pelosi Tauscher Speaker, I speak out today in support Mr. MORAN of Virginia. Mr. Speak- Lantos Pence Tauzin of the President’s economic plan. This er, the biggest problem with the tax Larsen (WA) Peterson (PA) Taylor (MS) cut that President Bush has proposed Larson (CT) Petri Taylor (NC) plan is about three things: number one, Latham Pickering Terry jobs; number two, jobs; number three, is not that it is going to require over $4 LaTourette Pitts Thomas jobs. trillion in lost Federal revenue over Leach Platts Thompson (CA) If you do not have a job and you want the next decade, it is not that it is Lee Pombo Thompson (MS) going to create more than a $2 trillion Levin Pomeroy Thornberry a job, the President’s plan is for you. If Lewis (GA) Porter Tiahrt you do have a job and you want a bet- deficit, and it is not that the majority Lewis (KY) Portman Tiberi ter job, the President’s plan is for you. of it is going to go to those who need it Linder Price (NC) Tierney Some have said that this plan is only the least, the biggest problem is that LoBiondo Pryce (OH) Toomey Lofgren Putnam Towns for the rich because it will eliminate we do not know what the cost of the Lowey Quinn Turner (OH) double taxation on dividends. They say war is. Lucas (KY) Radanovich Turner (TX) that because they are stuck in an eco- We have gone down this road before Lucas (OK) Rahall Udall (CO) nomic time warp and they refuse to un- and we wound up quadrupling the pub- Lynch Ramstad Udall (NM) Majette Rangel Upton derstand the economic realities of lic debt. The responsible thing to do is Maloney Regula Van Hollen today. Double taxation is un-American, to hold off on tax cuts until we know Manzullo Rehberg Velazquez and our seniors need this tax break so what the cost of this conflict in Iraq Markey Renzi Visclosky will amount to, until we have some Marshall Reyes Vitter that that their retirement income can Matheson Reynolds Walden (OR) provide them with security and sta- sense of how long we are going to have Matsui Rodriguez Walsh bility. to stay there, until we have some sense McCarthy (MO) Rogers (AL) Wamp The President’s plan provides an eco- of what it will cost to reconstruct that McCarthy (NY) Rogers (KY) Waters McCollum Rogers (MI) Watson nomic stimulus for every American. It country, until we have some sense of McCotter Rohrabacher Watt enacts tax policy that is pro-growth, what it will cost to establish a stable McCrery Ros-Lehtinen Waxman pro-opportunity, and, most impor- democracy before we get out of there McGovern Ross Weiner and allow it to return to the kind of McHugh Rothman Weldon (FL) tantly, pro-family, and I am talking McInnis Roybal-Allard Weldon (PA) about the American family, every sin- despotic leadership that it is subject to McIntyre Royce Weller gle one of them. today. McKeon Ruppersberger Wexler I urge my colleagues not to give in to So let us be prudent. Let us hold off McNulty Ryan (OH) Whitfield Meehan Ryan (WI) Wicker the hand-wringers and to support this on tax cuts. If we must, we should pro- Meek (FL) Sabo Wilson (NM) bold plan for America’s future. ceed with a prudent foreign policy with Meeks (NY) Sanchez, Linda Wilson (SC) regard to the Middle East. Let us rid f Menendez T. Wolf the world of weapons of mass destruc- Mica Sanchez, Loretta Woolsey Michaud Sanders Wu TAX FAIRNESS tion to the extent we can do so, but let Miller (FL) Sandlin Wynn (Mr. GREEN of Texas asked and was us not break the bank in the United Miller (MI) Saxton Young (AK) given permission to address the House States and pass the bill on to our chil- dren. NOT VOTING—26 for 1 minute and to revise and extend his remarks.) Let us be prudent and fiscally respon- Bass Gordon Lipinski sible. Let us put off tax cuts until we Brown (OH) Gutierrez McDermott Mr. GREEN of Texas. Mr. Speaker, I Carson (IN) Hastings (WA) Millender- do not normally give 1 minutes any know what kind of expense we are un- Clyburn Hinchey McDonald more, but after hearing my colleague dertaking with regard to the war in Combest Hoeffel Peterson (MN) Iraq. Davis (IL) Hooley (OR) Rush from the Republican side talk about it, Fattah Jones (OH) Ryun (KS) I shall. f Gallegly Kennedy (RI) Snyder I was home most of last week and Gephardt Lewis (CA) Young (FL) talked with my constituents about the SPECIAL ORDERS ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE President’s proposed tax cut. One of The SPEAKER pro tempore (Mr. the things that I think bothers a lot of WHITFIELD). Under the Speaker’s an- The SPEAKER pro tempore. The folks is if we eliminate the so-called nounced policy of January 7, 2003, and Chair will remind the Members there double taxation, we have double tax- under a previous order of the House, are less than 2 minutes remaining in ation in lots of areas in our country, the following Members will be recog- this vote. but if we eliminate double taxation, nized for 5 minutes each.

VerDate Jan 31 2003 04:46 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.014 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1285 PUBLICATION OF THE RULES OF the committee or subcommittee who is consideration or investigation in accordance THE COMMITTEE ON GOVERN- present shall preside at that meeting. with their fixed jurisdictions. Where the sub- MENT REFORM 108TH CONGRESS [See House Rule XI, 2(h).] ject matter of the referral involves the juris- Rule 4.—Committee Reports diction of more than one subcommittee or The SPEAKER pro tempore. Under a does not fall within any previously assigned Bills and resolutions approved by the com- previous order of the House, the gen- jurisdiction, the chairman shall refer the mittee shall be reported by the chairman fol- matter as he may deem advisable. Bills, res- tleman from Virginia (Mr. TOM DAVIS) lowing House Rule XIII, clauses 2–4. olutions, and other matters referred to sub- is recognized for 5 minutes. A proposed report shall not be considered committees may be reassigned by the chair- Mr. TOM DAVIS of Virginia. Mr. Speaker, in subcommittee or full committee unless man when, in his judgement, the sub- the proposed report has been available to the pursuant to clause 2(a)(2) of Rule XI of the committee is not able to complete its work members of such subcommittee or full com- Rules of the House of Representatives, I here- or cannot reach agreement therein. In a sub- mittee for at least three calendar days (ex- by submit the rules of the Committee on Gov- committee having an even number of mem- ernment Reform for the 108th Congress for cluding Saturdays, Sundays, and legal holi- bers, if there is a tie vote with all members days, unless the House is in session on such publication in the Congressional Record. voting on any measure, the measure shall be days) before consideration of such proposed placed on the agenda for full committee con- These rules were adopted by the Committee report in subcommittee or full committee. on February 13, 2003, in a meeting that was sideration as if it had been ordered reported Any report will be considered as read if by the subcommittee without recommenda- open to the public. available to the members at least 24 hours tion. This provision shall not preclude fur- 1. RULES OF THE COMMITTEE ON before consideration, excluding Saturdays, ther action on the measure by the sub- GOVERNMENT REFORM Sundays, and legal holidays unless the House committee. is in session on such days. If hearings have U.S. House of Representatives Rule 9.—Ex Officio Members been held on the matter reported upon, every 108th Congress reasonable effort shall be made to have such The chairman and the ranking minority Rule XI, clause 1(a)(1)(A) of the House of hearings available to the members of the member of the committee shall be ex officio Representatives provides: subcommittee or full committee before the members of all subcommittees. They are au- Except as provided in subdivision (B), the consideration of the proposed report in such thorized to vote on subcommittee matters; Rules of the House are the rules of its com- subcommittee or full committee. Every in- but, unless they are regular members of the mittees and subcommittees so far as applica- vestigative report shall be approved by a ma- subcommittee, they shall not be counted in ble. jority vote of the committee at a meeting at determining a subcommittee quorum other than a quorum for taking testimony. (B) A motion to recess from day to day, which a quorum is present. and a motion to dispense with the first read- Supplemental, minority, or additional Rule 10.—Staff ing (in full) of a bill or resolution, if printed views may be filed following House Rule XI, Except as otherwise provided by House copies are available, each shall be privileged clause 2(l) and Rule XIII, clause 3(a)(1). The Rule X, clauses 6, 7 and 9, the chairman of in committees and subcommittees and shall time allowed for filing such views shall be the full committee shall have the authority be decided without debate. three calendar days, beginning on the day of to hire and discharge employees of the pro- Rule XI, clause 2(a)(1) of the House of Rep- notice, but excluding Saturdays, Sundays, fessional and clerical staff of the full com- resentatives provides, in part: and legal holidays (unless the House is in mittee and of subcommittees. Each standing committee shall adopt writ- session on such a day), unless the committee Rule 11.—Staff Direction ten rules governing its procedure. * * * agrees to a different time, but agreement on In accordance with this, the Committee on Except as otherwise provided by House a shorter time shall require the concurrence Government Reform, on February 13, 2003, Rule X, clauses 6, 7 and 9, the staff of the of each member seeking to file such views. adopted the rules of the committee: committee shall be subject to the direction An investigative or oversight report may of the chairman of the full committee and Rule 1.—Application of Rules be filed after sine die adjournment of the last shall perform such duties as he may assign. Except where the terms ‘‘full committee’’ regular session of Congress, provided that if Rule 12.—Hearing Dates and Witnesses and ‘‘subcommittee’’ are specifically referred a member gives timely notice of intention to The chairman of the full committee will to, the following rules shall apply to the file supplemental, minority or additional announce the date, place, and subject matter Committee on Government Reform and its views, that member shall be entitled to not of all hearings at least one week before the subcommittees as well as to the respective less than seven calendar days in which to commencement of any hearings, unless he chairmen. submit such views for inclusion with the re- determines, with the concurrence of the [See House Rule XI, 1.] port. ranking minority member, or the committee Only those reports approved by a majority Rule 2.—Meetings determines by a vote, that there is good vote of the committee may be ordered print- The regular meetings of the full committee cause to begin such hearings sooner. So that ed, unless otherwise required by the Rules of shall be held on the second Tuesday of each the chairman of the full committee may co- the House of Representatives. month at 10 a.m., when the House is in ses- ordinate the committee facilities and hear- sion. The chairman is authorized to dispense Rule 5.—Proxy Votes ings plans, each subcommittee chairman with a regular meeting or to change the date In accordance with the Rules of the House shall notify him of any hearing plans at least thereof, and to call and convene additional of Representatives, members may not vote two weeks before the date of commencement meetings, when circumstances warrant. A by proxy on any measure or matter before of hearings, including the date, place, sub- special meeting of the committee may be re- the committee or any subcommittee. ject matter, and the names of witnesses, quested by members of the committee fol- [See House Rule XI, 2(f).] willing and unwilling, who would be called to lowing the provisions of House Rule XI, Rule 6.—Record Votes testify, including, to the extent he is advised clause 2(c)(2). Subcommittees shall meet at thereof, witnesses whom the minority mem- A record vote of the members may be had the call of the subcommittee chairmen. bers may request. The minority members upon the request of any member upon ap- Every member of the committee or the ap- shall supply the names of witnesses they in- proval of a one-fifth vote of the members propriate subcommittee, unless prevented by tend to call to the chairman of the full com- present. unusual circumstances, shall be provided mittee or subcommittee at the earliest pos- with a memorandum at least three calendar Rule 7.—Record of Committee Actions sible date. Witnesses appearing before the days before each meeting or hearing explain- The committee staff shall maintain in the committee shall so far as practicable, submit ing (1) the purpose of the meeting or hearing; committee offices a complete record of com- written statements at least 24 hours before and (2) the names, titles, background and mittee actions from the current Congress in- their appearance and, when appearing in a reasons for appearance of any witnesses. The cluding a record of the rollcall votes taken non-governmental capacity, provide a cur- ranking minority member shall be respon- at committee business meetings. The origi- riculum vitae and a listing of any Federal sible for providing the same information on nal records, or true copies thereof, as appro- Government grants and contracts received in witnesses whom the minority may request. priate, shall be available for public inspec- the previous fiscal year. [See House Rule XI, 2 (b) and (c).] tion whenever the committee offices are [See House Rules XI, 2 (g)(3), (g)(4),(j) and Rule 3.—Quorums open for public business. The staff shall as- (k).] sure that such original records are preserved A majority of the members of the com- Rule 13.—Open Meetings with no unauthorized alteration, additions, mittee shall form a quorum, except that two Meetings for the transaction of business or defacement. members shall constitute a quorum for tak- and hearings of the committee shall be open [See House Rule XI, 2(e).] ing testimony and receiving evidence, and to the public or closed in accordance with one-third of the members shall form a Rule 8.—Subcommittees; Referrals Rule XI of the House of Representatives. quorum for taking any action other than the There shall be seven subcommittees with [See House Rules XI, 2 (g) and (k).] reporting of a measure or recommendation. appropriate party ratios that shall have Rule 14.—Five-Minute Rule If the chairman is not present at any meet- fixed jurisdictions. Bills, resolutions, and (1) A committee member may question a ing of the committee or subcommittee, the other matters shall be referred by the chair- witness only when recognized by the chair- ranking member of the majority party on man to subcommittees within two weeks for man for that purpose. In accordance with

VerDate Jan 31 2003 04:46 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.025 H25PT1 H1286 CONGRESSIONAL RECORD — HOUSE February 25, 2003 House Rule XI, clause 2(j)(2), each committee Rule 18.—Additional Duties of Chairman in accordance with clause 2 of rule XII, as member may request up to five minutes to The chairman of the full committee shall: follows: question a witness until each member who so (a) Make available to other committees * * * * * desires has had such opportunity. Until all the findings and recommendations resulting (h) Committee on Government Reform. such requests have been satisfied, the chair- from the investigations of the committee or (1) Federal civil service, including inter- man shall, so far as practicable, recognize al- its subcommittees as required by House Rule governmental personnel; and the status of ternately based on seniority of those major- X, clause 4(c)(2); officers and employees of the United States, ity and minority members present at the (b) Direct such review and studies on the including their compensation, classification, time the hearing was called to order and oth- impact or probable impact of tax policies af- and retirement. ers based on their arrival at the hearing. fecting subjects within the committee’s ju- (2) Municipal affairs of the District of Co- After that, additional time may be extended risdiction as required by House Rule X, lumbia in general (other than appropria- at the direction of the chairman. clause 2(c); tions). (2) The chairman, with the concurrence of (c) Submit to the Committee on the Budg- (3) Federal paperwork reduction. the ranking minority member, or the com- et views and estimates required by House (4) Government management and account- mittee by motion, may permit an equal num- Rule X, clause 4(f), and to file reports with ing measures generally. ber of majority and minority members to the House as required by the Congressional (5) Holidays and celebrations. question a witness for a specified, total pe- Budget Act; (6) Overall economy, efficiency, and man- riod that is equal for each side and not (d) Authorize and issue subpoenas as pro- agement of government operations and ac- longer than thirty minutes for each side. vided in House Rule XI, clause 2(m), in the tivities, including Federal procurement. (3) The chairman, with the concurrence of conduct of any investigation or activity or (7) National archives. the ranking minority member, or the com- series of investigations or activities within (8) Population and demography generally, mittee by motion, may permit committee the jurisdiction of the committee; including the Census. staff of the majority and minority to ques- (e) Prepare, after consultation with sub- (9) Postal service generally, including tion a witness for a specified, total period committee chairmen and the minority, a transportation of the mails. that is equal for each side and not longer budget for the committee which shall in- (10) Public information and records. than thirty minutes for each side. clude an adequate budget for the subcommit- (11) Relationship of the Federal Govern- (4) Nothing in paragraph (2) or (3) affects tees to discharge their responsibilities; ment to the States and municipalities gen- the rights of a Member (other than a Member (f) Make any necessary technical and con- erally. designated under paragraph (2)) to question a forming changes to legislation reported by (12) Reorganizations in the executive witness for 5 minutes in accordance with the committee upon unanimous consent; and branch of the Government. paragraph (1) after the questioning per- (g) Designate a vice chairman from the 2. General Oversight Responsibilities—Rule mitted under paragraph (2) or (3). In any ex- majority party. X, Clauses 2 and 3 of the House tended questioning permitted under para- Rule 19.—Commemorative Stamps Clause 2 of Rule X relates to general over- graph (2) or (3), the chairman shall deter- The committee has adopted the policy that sight responsibilities. Paragraphs (a), (b), (c), mine how to allocate the time permitted for the determination of the subject matter of (d), and (e) of clause 2 read as follows: extended questioning by majority members 2. (a) The various standing committees commemorative stamps properly is for con- or majority committee staff and the ranking shall have general oversight responsibilities sideration by the Postmaster General and minority member shall determine how to al- as provided in paragraph (b) in order to as- that the committee will not give consider- locate the time permitted for extended ques- sist the House in— ation to legislative proposals for the tioning by minority members or minority (1) its analysis, appraisal, and evaluation issuance of commemorative stamps. It is committee staff. The chairman or the rank- of— suggested that recommendations for the ing minority member, as applicable, may al- (A) the application, administration, execu- issuance of commemorative stamps be sub- locate the time for any extended questioning tion, and effectiveness of Federal laws; and mitted to the Postmaster General. permitted to staff under paragraph (3) to (B) conditions and circumstances that may members. Rule 20.—Panels and Task Forces indicate the necessity or desirability of en- Rule 15.—Investigative Hearing Procedures (a) The chairman of the committee is au- acting new or additional legislation; and thorized to appoint panels or task forces to (2) its formulation, consideration, and en- Investigative hearings shall be conducted carry out the duties and functions of the actment of changes in Federal laws, and of according to the procedures in House Rule committee. such additional legislation as may be nec- XI, clause 2(k). All questions put to wit- (b) The chairman and ranking minority essary or appropriate. nesses before the committee shall be rel- member of the committee may serve as ex- (b)(1) In order to determine whether laws evant to the subject matter before the com- officio members of each panel or task force. and programs addressing subjects within the mittee for consideration, and the chairman (c) The chairman of any panel or task force jurisdiction of a committee are being imple- shall rule on the relevance of any questions shall be appointed by the chairman of the mented and carried out in accordance with put to the witnesses. committee. The ranking minority member the intent of Congress and whether they Rule 16.—Stenographic Record shall select a ranking minority member for should be continued, curtailed, or elimi- A stenographic record of all testimony each panel or task force. nated, each standing committee (other than shall be kept of public hearings and shall be (d) The House and committee rules appli- the Committee on Appropriations) shall re- made available on such conditions as the cable to subcommittee meetings, hearings, view and study on a continuing basis— chairman may prescribe. recommendations and reports shall apply to (A) the application, administration, execu- tion, and effectiveness of laws and programs Rule 17.—Audio and Visual Coverage of the meetings, hearings, recommendations addressing subjects within its jurisdiction; Committee Proceedings and reports of panels and task forces. (e) No panel or task force so appointed (B) the organization and operation of Fed- (1) An open meeting or hearing of the com- shall continue in existence for more than six eral agencies and entities having responsibil- mittee or a subcommittee may be covered, in months. A panel or task force so appointed ities for the administration and execution of whole or in part, by television broadcast, may, upon the expiration of six months, be laws and programs addressing subjects with- radio broadcast, Internet broadcast, and still reappointed by the chairman. in its jurisdiction; photography, unless closed subject to the (C) any conditions or circumstances that provisions of House Rule XI, clause 2(g). Any II. SELECTED RULES OF THE HOUSE OF REPRESENTATIVES may indicate the necessity or desirability of such coverage shall conform with the provi- enacting new or additional legislation ad- sions of House Rule XI, clause 4. dressing subjects within its jurisdiction (2) Use of the Committee Broadcast Sys- A. 1. Powers and Duties of the Committee— (whether or not a bill or resolution has been tem shall be fair and nonpartisan, and in ac- Rule X of the House introduced with respect thereto); and cordance with House Rule XI, clause 4(b), House Rule X provides for the organization (D) future research and forecasting on sub- and all other applicable rules of the House of of standing committees. The first paragraph jects within its jurisdiction. Representatives and the Committee on Gov- of clause 1 of Rule X and subdivision (h) (2) Each committee to which subparagraph ernment Reform. Members of the committee thereof reads as follows: (1) applies having more than 20 members shall have prompt access to a copy of cov- shall establish an oversight subcommittee, ORGANIZATION OF COMMITTEES erage by the Committee Broadcast System, or require its subcommittees to conduct to the extent that such coverage is main- Committees and their legislative jurisdictions oversight in their respective jurisdictions, to tained. 1. There shall be in the House the following assist in carrying out its responsibilities (3) Personnel providing coverage of an open standing committees, each of which shall under this clause. The establishment of an meeting or hearing of the committee or a have the jurisdiction and related functions oversight subcommittee does not limit the subcommittee by Internet broadcast, other assigned by this clause and clauses 2, 3, and responsibility of a subcommittee with legis- than through the Committee Broadcast Sys- 4. All bills, resolutions, and other matters lative jurisdiction in carrying out its over- tem, shall be currently accredited to the relating to subjects within the jurisdiction sight responsibilities. Radio and Television Correspondents’ Gal- of the standing committees listed in this (c) Each standing committee shall review leries. clause shall be referred to those committees, and study on a continuing basis the impact

VerDate Jan 31 2003 04:46 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.032 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1287 or probable impact tax policies affecting sub- resolution). If the Committee on Appropria- programs of the committee, commission, or jects within its jurisdiction as described in tions fails to report a bill or joint resolution other entity; and clauses 1 and 3. so referred within 15 calendar days (not (2) to the extent practicable, contain such (d)(1) Not later than February 15 of the counting any day on which the House is not general statements regarding the estimated first session of a Congress, each standing in session), the committee automatically foreseeable expenditures for the respective committee shall, in a meeting that is open to shall be discharged from consideration of the anticipated activities and programs of the the public and with a quorum present, adopt bill or joint resolution, and the bill or joint committee, commission, or other entity as its oversight plan for that Congress. Such resolution shall be placed on the appropriate may be appropriate to provide the House plan shall be submitted simultaneously to calendar. with basic estimates of the expenditures con- the Committee on Government Reform and * * * * * templated by the primary expense resolu- to the Committee on House Administration. (c)(1) The Committee on Government Re- tion. In developing its plan each committee shall, (b) After the date of adoption by the House form shall— to the maximum extent feasible— (A) receive and examine reports of the of a primary expense resolution for a com- (A) consult with other committees that Comptroller General of the United States mittee, commission, or other entity for a have jurisdiction over the same or related and submit to the House such recommenda- Congress, authorization for the payment of laws, programs, or agencies within its juris- tions as it considers necessary or desirable in additional expenses (including staff salaries) diction with the objective of ensuring max- connection with the subject matter of the re- in that Congress may be procured by one or imum coordination and cooperation among ports; more supplemental expense resolutions re- committees when conducting reviews of such (B) evaluate the effects of laws enacted to ported by the Committee on House Adminis- laws, programs, or agencies and include in reorganize the legislative and executive tration, as necessary. A supplemental ex- its plan an explanation of steps that have branches of the Government; and pense resolution reported to the House may been or will be taken to ensure such coordi- (C) study intergovernmental relationships not be considered in the House unless a nation and cooperation; between the United States and the States printed report thereon was available on the (B) review specific problems with Federal and municipalities and between the United previous calendar day. For the information rules, regulations, statutes, and court deci- States and international organizations of of the House, such report shall— sions that are ambiguous, arbitrary, or non- which the United States is a member. (1) state the total amount of additional sensical, or that impose severe financial bur- (2) In addition to its duties under subpara- funds to be provided to the committee, com- dens on individuals; graph (1), the Committee on Government Re- mission, or other entity under the supple- (C) give priority consideration to including form may at any time conduct investiga- mental expense resolution and the purposes in its plan the review of those laws, pro- tions of any matter without regard to clause for which those additional funds are avail- grams, or agencies operating under perma- 1, 2, 3, or this clause conferring jurisdiction able; and nent budget authority or permanent statu- over the matter to another standing com- (2) state the reasons for the failure to pro- tory authority; and mittee. The findings and recommendations cure the additional funds for the committee, (D) have a view toward ensuring that all of the committee in such an investigation commission, or other entity by means of the significant laws, programs, or agencies with- shall be made available to any other stand- primary expense resolution. in its jurisdiction are subject to review every ing committee having jurisdiction over the (c) The preceding provisions of this clause 10 years. matter involved. do not apply to— (2) Not later than March 31 in the first ses- (1) a resolution providing for the payment sion of a Congress, after consultation with * * * * * from committee salary and expense accounts the Speaker, the Majority Leader, and the Budget Act responsibilities of the House of sums necessary to pay com- Minority Leader, the Committee on Govern- (f)(1) Each standing committee shall sub- pensation for staff services performed for, or ment Reform shall report to the House the mit to the Committee on the Budget not to pay other expenses of, a committee, com- oversight plans submitted by committees to- later than six weeks after the President sub- mission, or other entity at any time after gether with any recommendations that it, or mits his budget, or at such time as the Com- the beginning of an odd-numbered year and the House leadership group described above, mittee on the Budget may request— before the date of adoption by the House of may make to ensure the most effective co- (A) its views and estimates with respect to the primary expense resolution described in ordination of oversight plans and otherwise all matters to be set forth in the concurrent paragraph (a) for that year; or (2) a resolu- to achieve the objectives of this clause. resolution on the budget for the ensuing fis- tion providing each of the standing commit- (e) The Speaker, with the approval of the cal year that are within its jurisdiction or tees in a Congress additional office equip- House, may appoint special ad hoc oversight functions; and ment, airmail and special-delivery postage committees for the purpose of reviewing spe- (B) an estimate of the total amounts of stamps, supplies, staff personnel, or any cific matters within the jurisdiction of two new budget authority, and budget outlays re- other specific item for the operation of the or more standing committees. sulting therefrom, to be provided or author- standing committees, and containing an au- Special oversight functions ized in all bills and resolutions within its ju- thorization for the payment from committee Clause 3 of Rule X also relates to oversight risdiction that it intends to be effective dur- salary and expense accounts of the House of functions. Paragraph (e) reads as follows: ing that fiscal year. the expenses of any of the foregoing items (2) The views and estimates submitted by provided by that resolution, subject to and * * * * * the Committee on Ways and Means under until enactment of the provisions of the res- (e) The Committee on Government Reform subparagraph (1) shall include a specific rec- olution as permanent law. shall review and study on a continuing basis ommendation, made after holding public (d) From the funds made available for the the operation of Government activities at all hearings, as to the appropriate level of the appointment of committee staff by a pri- levels with a view to determining their econ- public debt that should be set forth in the mary or additional expense resolution, the omy and efficiency. concurrent resolution on the budget. chairman of each committee shall ensure 3. Additional Functions of Committees—Rule Expense resolutions that sufficient staff is made available to X, Clauses 4, 6, 7, 8 and 9 of the House each subcommittee to carry out its respon- 6. (a) Whenever a committee, commission, Clause 4 of Rule X relates to additional sibilities under the rules of the committee or other entity (other than the Committee functions of committees and committee and that the minority party is treated fairly on Appropriations) is granted authorization budgets. Paragraphs (a)(2), (c) and (f) of in the appointment of such staff. for the payment of its expenses (including clause 4 and clauses 6, 7, 8 and 9 read as fol- (e) Funds authorized for a committee staff salaries) for a Congress, such authoriza- lows: under this clause and clauses 7 and 8 are for tion initially shall be procured by one pri- 4. (a) expenses incurred in the activities of the mary expense resolution reported by the committee. * * * * * Committee on House Administration. A pri- (2) Pursuant to section 401(b)(2) of the Con- mary expense resolution may include a re- Interim funding gressional Budget Act of 1974, when a com- serve fund for unanticipated expenses of 7. (a) For the period beginning at noon on mittee reports a bill or joint resolution that committees. An amount from such a reserve January 3 and ending at midnight on March provides new entitlement authority as de- fund may be allocated to a committee only 31 in each odd-numbered year, such sums as fined in section 3(9) of that Act, and enact- by the approval of the Committee on House may be necessary shall be paid out of the ment of the bill or joint resolution, as re- Administration. A primary expense resolu- committee salary and expense accounts of ported, would cause a breach of the commit- tion reported to the House may not be con- the House for continuance of necessary in- tee’s pertinent allocation of new budget au- sidered in the House unless a printed report vestigations and studies by— thority under section 302(a) of that Act, the thereon was available on the previous cal- (1) each standing and select committee es- bill or joint resolution may be referred to endar day. For the information of the House, tablished by these rules; and the Committee on Appropriations with in- such report shall— (2) except as specified in paragraph (b), structions to report it with recommenda- (1) state the total amount of the funds to each select committee established by resolu- tions (which may include an amendment be provided to the committee, commission, tion. limiting the total amount of new entitle- or other entity under the primary expense (b) In the case of the first session of a Con- ment authority provided in the bill or joint resolution for all anticipated activities and gress, amounts shall be made available for a

VerDate Jan 31 2003 04:46 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.034 H25PT1 H1288 CONGRESSIONAL RECORD — HOUSE February 25, 2003 select committee established by resolution of per diem furnished, the cost of transpor- ciate’’ or ‘‘shared’’ staff who are not paid ex- in the preceding Congress only if— tation furnished, and funds expended for any clusively by the committee, provided that (1) a resolution proposing to reestablish other official purpose and shall summarize in the chairman certifies that the compensa- such select committee is introduced in the these categories the total foreign currencies tion paid by the committee for any such present Congress; and or appropriated funds expended. Each report staff is commensurate with the work per- (2) the House has not adopted a resolution shall be filed with the chairman of the com- formed for the committee in accordance with of the preceding Congress providing for ter- mittee not later than 60 days following the clause 8 of rule X–XIII. mination of funding for investigations and completion of travel for use in complying (B) The use of any ‘‘associate’’ or ‘‘shared’’ studies by such select committee. with reporting requirements in applicable staff by a committee other than the Com- (c) Each committee described in paragraph Federal law and shall be open for public in- mittee on Appropriations shall be subject to (a) shall be entitled for each month during spection. the review of, and to any terms, conditions, the period specified in paragraph (a) to 9 per- (c)(1) In carrying out the activities of a or limitations established by, the Committee cent (or such lesser percentage as may be de- committee outside the United States in a on House Administration in connection with termined by the Committee on House Ad- country where local currencies are unavail- the reporting of any primary or additional ministration) of the total annualized amount able, a member or employee of a committee expense resolution. made available under expense resolutions for may not receive reimbursement for expenses (c) Each employee on the professional or such committee in the preceding session of (other than for transportation) in excess of investigative staff of a standing committee Congress. the maximum per diem set forth in applica- shall be entitled to pay at a single gross per (d) Payments under this clause shall be ble Federal law. annum rate, to be fixed by the chairman and made on vouchers authorized by the com- (2) A member or employee shall be reim- that does not exceed the maximum rate of mittee involved, signed by the chairman of bursed for his expenses for a day, at the less- pay as in effect from time to time under ap- the committee, except as provided in para- er of— plicable provisions of law. graph (e), and approved by the Committee on (A) the per diem set forth in applicable (d) Subject to appropriations hereby au- House Administration. Federal law; or thorized, the Committee on Appropriations (B) the actual unreimbursed expenses (e) Notwithstanding any provision of law, may appoint by majority vote such staff as (other than for transportation) he incurred rule of the House, or other authority, from it determines to be necessary (in addition to noon on January 3 of the first session of a during that day. (3) A member or employee of a committee the clerk of the committee and assistants for Congress until the election by the House of the minority). The staff appointed under this the committee concerned in that Congress, may not receive reimbursement for the cost of any transportation in connection with paragraph, other than minority assistants, payments under this clause shall be made on shall possess such qualifications as the com- vouchers signed by— travel outside the United States unless the member or employee actually paid for the mittee may prescribe. (1) the member of the committee who (e) A committee may not appoint to its served as chairman of the committee at the transportation. (d) The restrictions respecting travel out- staff an expert or other personnel detailed or expiration of the preceding Congress; or side the United States set forth in paragraph assigned from a department or agency of the (2) if the chairman is not a Member, Dele- (c) also shall apply to travel outside the Government except with the written permis- gate, or Resident Commissioner in the United States by a Member, Delegate, Resi- sion of the Committee on House Administra- present Congress, then the ranking member dent Commissioner, officer, or employee of tion. of the committee as it was constituted at the the House authorized under any standing (f) If a request for the appointment of a mi- expiration of the preceding Congress who is a rule. nority professional staff member under para- member of the majority party in the present Committee staffs graph (a) is made when no vacancy exists for Congress. such an appointment, the committee never- 9. (a)(1) Subject to subparagraph (2) and (f)(1) The authority of a committee to theless may appoint under paragraph (a) a paragraph (f), each standing committee may incur expenses under this clause shall expire person selected by the minority and accept- appoint, by majority vote, not more than 30 upon adoption by the House of a primary ex- able to the committee. A person so appointed professional staff members to be com- pense resolution for the committee. shall serve as an additional member of the pensated from the funds provided for the ap- (2) Amounts made available under this professional staff of the committee until pointment of committee staff by primary clause shall be expended in accordance with such a vacancy occurs (other than a vacancy and additional expense resolutions. Each regulations prescribed by the Committee on in the position of head of the professional professional staff member appointed under House Administration. staff, by whatever title designated), at which this subparagraph shall be assigned to the (3) This clause shall be effective only inso- time that person is considered as appointed chairman and the ranking minority member far as it is not inconsistent with a resolution to that vacancy. Such a person shall be paid of the committee, as the committee con- reported by the Committee on House Admin- from the applicable accounts of the House siders advisable. istration and adopted by the House after the described in clause 1(i)(1) of rule X. If such a adoption of these rules. (2) Subject to paragraph (f) whenever a ma- jority of the minority party members of a vacancy occurs on the professional staff Travel standing committee (other than the Com- when seven or more persons have been so ap- 8. (a) Local currencies owned by the United mittee on Standards of Official Conduct or pointed who are eligible to fill that vacancy, States shall be made available to the com- the Permanent Select Committee on Intel- a majority of the minority party members mittee and its employees engaged in car- ligence) so request, not more than 10 persons shall designate which of those persons shall rying out their official duties outside the (or one-third of the total professional com- fill the vacancy. United States or its territories or posses- mittee staff appointed under this clause, (g) Each staff member appointed pursuant sions. Appropriated funds, including those whichever is fewer) may be selected, by ma- to a request by minority party members authorized under this clause and clauses 6 jority vote of the minority party members, under paragraph (a), and each staff member and 8, may not be expended for the purpose for appointment by the committee as profes- appointed to assist minority members of a of defraying expenses of members of a com- sional staff members under subparagraph (1). committee pursuant to an expense resolution mittee or its employees in a country where The committee shall appoint persons so se- described in clause 6(a), shall be accorded eq- local currencies are available for this pur- lected whose character and qualifications uitable treatment with respect to the fixing pose. are acceptable to a majority of the com- of the rate of pay, the assignment of work fa- (b) The following conditions shall apply mittee. If the committee determines that cilities, and the accessibility of committee with respect to travel outside the United the character and qualifications of a person records. States or its territories or possessions: so selected are unacceptable, a majority of (h) Paragraph (a) may not be construed to (1) A member or employee of a committee the minority party members may select an- authorize the appointment of additional pro- may not receive or expend local currencies other person for appointment by the com- fessional staff members of a committee pur- for subsistence in a country for a day at a mittee to the professional staff until such suant to a request under paragraph (a) by the rate in excess of the maximum per diem set appointment is made. Each professional staff minority party members of that committee forth in applicable Federal law. member appointed under this subparagraph if 10 or more professional staff members pro- (2) A member or employee shall be reim- shall be assigned to such committee business vided for in paragraph (a)(1) who are satisfac- bursed for his expenses for a day at the lesser as the minority party members of the com- tory to a majority of the minority party of— mittee consider advisable. members are otherwise assigned to assist the (A) the per diem set forth in applicable (b)(1) The professional staff members of minority party members. Federal law; or each standing committee— (i) Notwithstanding paragraph (a)(2), a (B) the actual, unreimbursed expenses (A) may not engage in any work other than committee may employ nonpartisan staff, in (other than for transportation) he incurred committee business during congressional lieu of or in addition to committee staff des- during that day. working hours; and ignated exclusively for the majority or mi- (3) Each member or employee of a com- (B) may not be assigned a duty other than nority party, by an affirmative vote of a ma- mittee shall make to the chairman of the one pertaining to committee business. jority of the members of the majority party committee an itemized report showing the (2)(A) Subparagraph (1) does not apply to and of a majority of the members of the mi- dates each country was visited, the amount staff designated by a committee as ‘‘asso- nority party.

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.036 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1289 B. Procedure for Committees and Unfinished Adoption of written rules (i) in the case of a meeting or hearing tran- Business—Rule XI of the House 2. (a)(1) Each standing committee shall script, a substantially verbatim account of Clauses 1, 2, 4, 5 and 6 of Rule XI are set adopt written rules governing its procedure. remarks actually made during the pro- out below. Such rules— ceedings, subject only to technical, gram- In general (A) shall be adopted in a meeting that is matical, and typographical corrections au- open to the public unless the committee, in thorized by the person making the remarks 1. (a)(1)(A) Except as provided in subdivi- open session and with a quorum present, de- involved; and sion (B), the Rules of the House are the rules termines by record vote that all or part of (ii) a record of the votes on any question of its committees and subcommittees so far the meeting on that day shall be closed to on which a record vote is demanded. as applicable. (B)(i) Except as provided in subdivision (B) A motion to recess from day to day, the public; (B) may not be inconsistent with the Rules (B)(ii) and subject to paragraph (k)(7), the re- and a motion to dispense with the first read- of the House or with those provisions of law sult of each such record vote shall be made ing (in full) of a bill or resolution, if printed having the force and effect of Rules of the available by the committee for inspection by copies are available, each shall be privileged House; and the public at reasonable times in its offices. in committees and subcommittees and shall (C) shall in any event incorporate all of the Information so available for public inspec- be decided without debate. succeeding provisions of this clause to the tion shall include a description of the (2) Each subcommittee is a part of its com- extent applicable. mittee and is subject to the authority and amendment, motion, order, or other propo- (2) Each committee shall submit its rules sition, the name of each member voting for direction of that committee and to its rules, for publication in the Congressional Record so far as applicable. and each member voting against such not later than 30 days after the committee is amendment, motion, order, or proposition, (b)(1) Each committee may conduct at any elected in each odd-numbered year. time such investigations and studies as it and the names of those members of the com- considers necessary or appropriate in the ex- Regular meeting days mittee present but not voting. ercise of its responsibilities under rule X. (b) Each standing committee shall estab- (ii) The result of any record vote taken in Subject to the adoption of expense resolu- lish regular meeting days for the conduct of executive session in the Committee on tions as required by clause 6 of rule X, each its business, which shall be not less frequent Standards of Official Conduct may not be committee may incur expenses, including than monthly. Each such committee shall made available for inspection by the public travel expenses, in connection with such in- meet for the consideration of a bill or resolu- without an affirmative vote of a majority of vestigations and studies. tion pending before the committee or the the members of the committee. (2) A proposed investigative or oversight transaction of other committee business on (2)(A) Except as provided in subdivision report shall be considered as read in com- all regular meeting days fixed by the com- (B), all committee hearings, records, data, mittee if it has been available to the mem- mittee unless otherwise provided by written charts, and files shall be kept separate and bers for at least 24 hours (excluding Satur- rule adopted by the committee. distinct from the congressional office days, Sundays, or legal holidays except when Additional and special meetings records of the member serving as its chair- the House is in session on such a day). (c)(1) The chairman of each standing com- man. Such records shall be the property of (3) A report of an investigation or study mittee may call and convene, as he considers the House, and each Member, Delegate, and conducted jointly by more than one com- necessary, additional and special meetings of the Resident Commissioner shall have access mittee may be filed jointly, provided that the committee for the consideration of a bill thereto. each of the committees complies independ- or resolution pending before the committee (B) A Member, Delegate, or Resident Com- ently with all requirements for approval and or for the conduct of other committee busi- missioner, other than members of the Com- filing of the report. ness, subject to such rules as the committee mittee on Standards of Official Conduct, (4) After an adjournment sine die of the may adopt. The committee shall meet for may not have access to the records of that last regular session of a Congress, an inves- such purpose under that call of the chair- committee respecting the conduct of a Mem- tigative or oversight report may be filed man. ber, Delegate, Resident Commissioner, offi- with the Clerk at any time, provided that a (2) Three or more members of a standing cer, or employee of the House without the member who gives timely notice of intention committee may file in the offices of the com- specific prior permission of that committee. to file supplemental, minority, or additional mittee a written request that the chairman (3) Each committee shall include in its views shall be entitled to not less than seven call a special meeting of the committee. rules standards for availability of records of calendar days in which to submit such views Such request shall specify the measure or the committee delivered to the Archivist of for inclusion in the report. matter to be considered. Immediately upon the United States under rule VII. Such (c) Each committee may have printed and the filing of the request, the clerk of the standards shall specify procedures for orders bound such testimony and other data as may committee shall notify the chairman of the of the committee under clause 3(b)(3) and be presented at hearings held by the com- filing of the request. If the chairman does clause 4(b) of rule VII, including a require- mittee or its subcommittees. All costs of not call the requested special meeting within ment that nonavailability of a record for a stenographic services and transcripts in con- three calendar days after the filing of the re- period longer than the period otherwise ap- nection with a meeting or hearing of a com- quest (to be held within seven calendar days plicable under that rule shall be approved by mittee shall be paid from the applicable ac- after the filing of the request) a majority of vote of the committee. counts of the House described in clause 1(i)(1) the members of the committee may file in (4) Each committee shall make its publica- of rule X. the offices of the committee their written tions available in electronic form to the (d)(1) Each committee shall submit to the notice that a special meeting of the com- maximum extent feasible. House not later than January 2 of each odd- mittee will be held. The written notice shall Prohibition against proxy voting numbered year a report on the activities of specify the date and hour of the special (f) A vote by a member of a committee or that committee under this rule and rule X meeting and the measure or matter to be subcommittee with respect to any measure during the Congress ending at noon on Janu- considered. The committee shall meet on or matter may not be cast by proxy. ary 3 of such year. that date and hour. Immediately upon the Open meetings and hearings (2) Such report shall include separate sec- filing of the notice, the clerk of the com- (g)(1) Each meeting for the transaction of tions summarizing the legislative and over- mittee shall notify all members of the com- business, including the markup of legisla- sight activities of that committee during mittee that such special meeting will be held tion, by a standing committee or sub- that Congress. and inform them of its date and hour and the committee thereof (other than the Com- (3) The oversight section of such report measure or matter to be considered. Only the mittee on Standards of Official Conduct or shall include a summary of the oversight measure or matter specified in that notice its subcommittee) shall be open to the pub- plans submitted by the committee under may be considered at that special meeting. lic, including to radio, television, and still clause 2(d) of rule X, a summary of the ac- Temporary absence of chairman photography coverage, except when the com- tions taken and recommendations made with (d) A member of the majority party on mittee or subcommittee, in open session and respect to each such plan, a summary of any each standing committee or subcommittee with a majority present, determines by additional oversight activities undertaken thereof shall be designated by the chairman by that committee, and any recommenda- record vote that all or part of the remainder of the full committee as the vice chairman of of the meeting on that day shall be in execu- tions made or actions taken thereon. the committee or subcommittee, as the case (4) After an adjournment sine die of the tive session because disclosure of matters to may be, and shall preside during the absence last regular session of a Congress, the chair- be considered would endanger national secu- of the chairman from any meeting. If the man of a committee may file an activities rity, would compromise sensitive law en- chairman and vice chairman of a committee report under subparagraph (1) with the Clerk forcement information, would tend to de- or subcommittee are not present at any at any time and without approval of the fame, degrade, or incriminate any person, or meeting of the committee or subcommittee, committee, provided that— otherwise would violate a law or rule of the (A) a copy of the report has been available the ranking majority member who is present House. Persons, other than members of the to each member of the committee for at shall preside at that meeting. committee and such noncommittee Mem- least seven calendar days; and Committee records bers, Delegates, Resident Commissioner, (B) the report includes any supplemental, (e)(1)(A) Each committee shall keep a com- congressional staff, or departmental rep- minority, or additional views submitted by a plete record of all committee action which resentatives as the committee may author- member of the committee. shall include— ize, may not be present at a business or

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.038 H25PT1 H1290 CONGRESSIONAL RECORD — HOUSE February 25, 2003 markup session that is held in executive ses- eral grant (or subgrant thereof) or contract tion a witness for equal specified periods. sion. This subparagraph does not apply to (or subcontract thereof) received during the The time for extended questioning of a wit- open committee hearings, which are gov- current fiscal year or either of the two pre- ness under this subdivision shall be equal for erned by clause 4(a)(1) of rule X or by sub- vious fiscal years by the witness or by an en- the majority party and the minority party paragraph (2). tity represented by the witness. and may not exceed one hour in the aggre- (2)(A) Each hearing conducted by a com- (5)(A) Except as provided in subdivision gate. mittee or subcommittee (other than the (B), a point of order does not lie with respect Hearing procedures Committee on Standards of Official Conduct to a measure reported by a committee on the (k)(1) The chairman at a hearing shall an- or its subcommittees) shall be open to the ground that hearings on such measure were nounce in an opening statement the subject public, including to radio, television, and not conducted in accordance with this of the hearing. still photography coverage, except when the clause. (2) A copy of the committee rules and of committee or subcommittee, in open session (B) A point of order on the ground de- this clause shall be made available to each and with a majority present, determines by scribed in subdivision (A) may be made by a witness on request. record vote that all or part of the remainder member of the committee that reported the (3) Witnesses at hearings may be accom- of that hearing on that day shall be closed to measure if such point of order was timely panied by their own counsel for the purpose the public because disclosure of testimony, made and improperly disposed of in the com- of advising them concerning their constitu- evidence, or other matters to be considered mittee. tional rights. would endanger national security, would (6) This paragraph does not apply to hear- (4) The chairman may punish breaches of compromise sensitive law enforcement infor- ings of the Committee on Appropriations order and decorum, and of professional ethics mation, or would violate a law or rule of the under clause 4(a)(1) of rule X. on the part of counsel, by censure and exclu- House. Quorum requirements sion from the hearings; and the committee (B) Notwithstanding the requirements of may cite the offender to the House for con- subdivision (A), in the presence of the num- (h)(1) A measure or recommendation may not be reported by a committee unless a ma- tempt. ber of members required under the rules of (5) Whenever it is asserted by a member of the committee for the purpose of taking tes- jority of the committee is actually present. (2) Each committee may fix the number of the committee that the evidence or testi- timony, a majority of those present may— mony at a hearing may tend to defame, de- (i) agree to close the hearing for the sole its members to constitute a quorum for tak- ing testimony and receiving evidence, which grade, or incriminate any person, or it is as- purpose of discussing whether testimony or serted by a witness that the evidence or tes- evidence to be received would endanger na- may not be less than two. (3) Each committee (other than the Com- timony that the witness would give at a tional security, would compromise sensitive hearing may tend to defame, degrade, or in- law enforcement information, or would vio- mittee on Appropriations, the Committee on the Budget, and the Committee on Ways and criminate the witness— late clause 2(k)(5); or (A) notwithstanding paragraph (g)(2), such (ii) agree to close the hearing as provided Means) may fix the number of its members to constitute a quorum for taking any action testimony or evidence shall be presented in in clause 2(k)(5). executive session if, in the presence of the (C) A Member, Delegate, or Resident Com- other than for which the presence of a major- number of members required under the rules missioner may not be excluded from ity of the committee is otherwise required, of the committee for the purpose of taking nonparticipatory attendance at a hearing of which may not be less than one-third of the testimony, the committee determines by a committee or subcommittee (other than members. vote of a majority of those present that such the Committee on Standards of Official Con- (4)(A) Each committee may adopt a rule evidence or testimony may tend to defame, duct or its subcommittees) unless the House authorizing the chairman of a committee or subcommittee— degrade, or incriminate any person; and by majority vote authorizes a particular (B) the committee shall proceed to receive (i) to postpone further proceedings when a committee or subcommittee, for purposes of such testimony in open session only if the record vote is ordered on the question of ap- a particular series of hearings on a par- committee, a majority being present, deter- proving a measure or matter or on adopting ticular article of legislation or on a par- mines that such evidence or testimony will an amendment; and ticular subject of investigation, to close its not tend to defame, degrade, or incriminate (ii) to resume proceedings on a postponed hearings to Members, Delegates, and the any person. question at any time after reasonable notice. Resident Commissioner by the same proce- In either case the committee shall afford (B) A rule adopted pursuant to this sub- dures specified in this subparagraph for clos- such person an opportunity voluntarily to paragraph shall provide that when pro- ing hearings to the public. appear as a witness, and receive and dispose ceedings resume on a postponed question, (D) The committee or subcommittee may of requests from such person to subpoena ad- notwithstanding any intervening order for vote by the same procedure described in this ditional witnesses. subparagraph to close one subsequent day of the previous question, an underlying propo- (6) Except as provided in subparagraph (5), hearing, except that the Committee on Ap- sition shall remain subject to further debate the chairman shall receive and the com- propriations, the Committee on Armed Serv- or amendment to the same extent as when mittee shall dispose of requests to subpoena ices, and the Permanent Select Committee the question was postponed. additional witnesses. on Intelligence, and the subcommittees Limitation on committee sittings (7) Evidence or testimony taken in execu- thereof, may vote by the same procedure to (i) A committee may not sit during a joint tive session, and proceedings conducted in close up to five additional, consecutive days session of the House and Senate or during a executive session, may be released or used in of hearings. recess when a joint meeting of the House and public sessions only when authorized by the (3) The chairman of each committee (other Senate is in progress. committee, a majority being present. than the Committee on Rules) shall make (8) In the discretion of the committee, wit- Calling and questioning of witnesses public announcement of the date, place, and nesses may submit brief and pertinent sworn subject matter of a committee hearing at (j)(1) Whenever a hearing is conducted by a statements in writing for inclusion in the least one week before the commencement of committee on a measure or matter, the mi- record. The committee is the sole judge of the hearing. If the chairman of the com- nority members of the committee shall be the pertinence of testimony and evidence ad- mittee, with the concurrence of the ranking entitled, upon request to the chairman by a duced at its hearing. minority member, determines that there is majority of them before the completion of (9) A witness may obtain a transcript copy good cause to begin a hearing sooner, or if the hearing, to call witnesses selected by the of his testimony given at a public session or, the committee so determines by majority minority to testify with respect to that if given at an executive session, when au- vote in the presence of the number of mem- measure or matter during at least one day of thorized by the committee. bers required under the rules of the com- hearing thereon. Supplemental, minority, or additional views mittee for the transaction of business, the (2)(A) Subject to subdivisions (B) and (C), (1) If at the time of approval of a measure chairman shall make the announcement at each committee shall apply the five-minute or matter by a committee (other than the the earliest possible date. An announcement rule during the questioning of witnesses in a Committee on Rules) a member of the com- made under this subparagraph shall be pub- hearing until such time as each member of mittee gives notice of intention to file sup- lished promptly in the Daily Digest and the committee who so desires has had an op- plemental, minority, or additional views for made available in electronic form. portunity to question each witness. (4) Each committee shall, to the greatest (B) A committee may adopt a rule or mo- inclusion in the report to the House thereon, extent practicable, require witnesses who ap- tion permitting a specified number of its that member shall be entitled to not less pear before it to submit in advance written members to question a witness for longer than two additional calendar days after the statements of proposed testimony and to than five minutes. The time for extended day of such notice (excluding Saturdays, limit their initial presentations to the com- questioning of a witness under this subdivi- Sundays, and legal holidays except when the mittee to brief summaries thereof. In the sion shall be equal for the majority party House is in session on such a day) to file such case of a witness appearing in a nongovern- and the minority party and may not exceed views, in writing and signed by that member, mental capacity, a written statement of pro- one hour in the aggregate. with the clerk of the committee. posed testimony shall include a curriculum (C) A committee may adopt a rule or mo- Power to sit and act, subpoena power vitae and a disclosure of the amount and tion permitting committee staff for its ma- (m)(1) For the purpose of carrying out any source (by agency and program) of each Fed- jority and minority party members to ques- of its functions and duties under this rule

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.040 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1291 and rule X (including any matters referred to ceptable standards of dignity, propriety, mitted on the basis of a fair and equitable it under clause 2 of rule XII), a committee or courtesy, and decorum traditionally ob- pool arrangement devised by the Standing subcommittee is authorized (subject to sub- served by the House in its operations, and Committee of Press Photographers. paragraph (3)(A))— may not be such as to— (8) Photographers may not position them- (A) to sit and act at such times and places (1) distort the objects and purposes of the selves between the witness table and the within the United States, whether the House hearing or other meeting or the activities of members of the committee at any time dur- is in session, has recessed, or has adjourned, committee members in connection with that ing the course of a hearing or meeting. and to hold such hearings as it considers nec- hearing or meeting or in connection with the (9) Photographers may not place them- essary; and general work of the committee or of the selves in positions that obstruct unneces- (B) to require, by subpoena or otherwise, House; or sarily the coverage of the hearing by the the attendance and testimony of such wit- (2) cast discredit or dishonor on the House, other media. nesses and the production of such books, the committee, or a Member, Delegate, or (10) Personnel providing coverage by the records, correspondence, memoranda, papers, Resident Commissioner or bring the House, television and radio media shall be currently and documents as it considers necessary. the committee, or a Member, Delegate, or accredited to the Radio and Television Cor- (2) The chairman of the committee, or a Resident Commissioner into disrepute. respondents’ Galleries. member designated by the chairman, may (d) The coverage of committee hearings (11) Personnel providing coverage by still administer oaths to witnesses. and meetings by audio and visual means photography shall be currently accredited to (3)(A)(i) Except as provided in subdivision shall be permitted and conducted only in the Press Photographers’ Gallery. (A)(ii), a subpoena may be authorized and strict conformity with the purposes, provi- (12) Personnel providing coverage by the issued by a committee or subcommittee sions, and requirements of this clause. television and radio media and by still pho- under subparagraph (1)(B) in the conduct of (e) Whenever a hearing or meeting con- tography shall conduct themselves and their an investigation or series of investigations ducted by a committee or subcommittee is coverage activities in an orderly and unob- or activities only when authorized by the open to the public, those proceedings shall be trusive manner. committee or subcommittee, a majority open to coverage by audio and visual means. Pay of witnesses being present. The power to authorize and A committee or subcommittee chairman issue subpoenas under subparagraph (1)(B) may not limit the number of television or 5. Witnesses appearing before the House or may be delegated to the chairman of the still cameras to fewer than two representa- any of its committees shall be paid the same committee under such rules and under such tives from each medium (except for legiti- per diem rate as established, authorized, and limitations as the committee may prescribe. mate space or safety considerations, in regulated by the Committee on House Ad- Authorized subpoenas shall be signed by the which case pool coverage shall be author- ministration for Members, Delegates, the chairman of the committee or by a member ized). Resident Commissioner, and employees of designated by the committee. (f) Each committee shall adopt written the House, plus actual expenses of travel to (ii) In the case of a subcommittee of the rules to govern its implementation of this or from the place of examination. Such per Committee on Standards of Official Conduct, clause. Such rules shall contain provisions to diem may not be paid when a witness has a subpoena may be authorized and issued the following effect: been summoned at the place of examination. only by an affirmative vote of a majority of (1) If audio or visual coverage of the hear- Unfinished business of the session its members. ing or meeting is to be presented to the pub- 6. All business of the House at the end of (B) A subpoena duces tecum may specify lic as live coverage, that coverage shall be one session shall be resumed at the com- terms of return other than at a meeting or conducted and presented without commer- mencement of the next session of the same hearing of the committee or subcommittee cial sponsorship. Congress in the same manner as if no ad- authorizing the subpoena. (2) The allocation among the television journment had taken place. (C) Compliance with a subpoena issued by media of the positions or the number of tele- C. Filing and Printing of Reports—Rule XIII, a committee or subcommittee under sub- vision cameras permitted by a committee or Clauses 2, 3 and 4 of the House paragraph (1)(B) may be enforced only as au- subcommittee chairman in a hearing or thorized or directed by the House. meeting room shall be in accordance with 2. (a)(1) Except as provided in subparagraph (2), all reports of committees (other than * * * * * fair and equitable procedures devised by the Executive Committee of the Radio and Tele- those filed from the floor as privileged) shall Audio and visual coverage of committee pro- vision Correspondents’ Galleries. be delivered to the Clerk for printing and ref- ceedings (3) Television cameras shall be placed so as erence to the proper calendar under the di- 4. (a) The purpose of this clause is to pro- not to obstruct in any way the space between rection of the Speaker in accordance with vide a means, in conformity with acceptable a witness giving evidence or testimony and clause 1. The title or subject of each report standards of dignity, propriety, and deco- any member of the committee or the visi- shall be entered on the Journal and printed rum, by which committee hearings or com- bility of that witness and that member to in the Congressional Record. mittee meetings that are open to the public each other. (2) A bill or resolution reported adversely may be covered by audio and visual means— (4) Television cameras shall operate from shall be laid on the table unless a committee (1) for the education, enlightenment, and fixed positions but may not be placed in posi- to which the bill or resolution was referred information of the general public, on the tions that obstruct unnecessarily the cov- requests at the time of the report its referral basis of accurate and impartial news cov- erage of the hearing or meeting by the other to an appropriate calendar under clause 1 or erage, regarding the operations, procedures, media. unless, within three days thereafter, a Mem- and practices of the House as a legislative (5) Equipment necessary for coverage by ber, Delegate, or Resident Commissioner and representative body, and regarding the the television and radio media may not be makes such a request. measures, public issues, and other matters installed in, or removed from, the hearing or (b)(1) It shall be the duty of the chairman before the House and its committees, the meeting room while the committee is in ses- of each committee to report or cause to be consideration thereof, and the action taken sion. reported promptly to the House a measure or thereon; and (6)(A) Except as provided in subdivision matter approved by the committee and to (2) for the development of the perspective (B), floodlights, spotlights, strobelights, and take or cause to be taken steps necessary to and understanding of the general public with flashguns may not be used in providing any bring the measure or matter to a vote. respect to the role and function of the House method of coverage of the hearing or meet- (2) In any event, the report of a committee under the Constitution as an institution of ing. on a measure that has been approved by the the Federal Government. (B) The television media may install addi- committee shall be filed within seven cal- (b) In addition, it is the intent of this tional lighting in a hearing or meeting room, endar days (exclusive of days on which the clause that radio and television tapes and without cost to the Government, in order to House is not in session) after the day on television film of any coverage under this raise the ambient lighting level in a hearing which a written request for the filing of the clause may not be used, or made available or meeting room to the lowest level nec- report, signed by a majority of the members for use, as partisan political campaign mate- essary to provide adequate television cov- of the committee, has been filed with the rial to promote or oppose the candidacy of erage of a hearing or meeting at the current clerk of the committee. The clerk of the any person for elective public office. state of the art of television coverage. committee shall immediately notify the (c) It is, further, the intent of this clause (7) In the allocation of the number of still chairman of the filing of such a request. This that the general conduct of each meeting photographers permitted by a committee or subparagraph does not apply to a report of (whether of a hearing or otherwise) covered subcommittee chairman in a hearing or the Committee on Rules with respect to a under authority of this clause by audio or meeting room, preference shall be given to rule, joint rule, or order of business of the visual means, and the personal behavior of photographers from Photos House, or to the reporting of a resolution of the committee members and staff, other and United Press International inquiry addressed to the head of an executive Government officials and personnel, wit- Newspictures. If requests are made by more department. nesses, television, radio, and press media of the media than will be permitted by a (c) All supplemental, minority, or addi- personnel, and the general public at the committee or subcommittee chairman for tional views filed under clause 2(l) of rule XI hearing or other meeting, shall be in strict coverage of a hearing or meeting by still by one or more members of a committee conformity with and observance of the ac- photography, that coverage shall be per- shall be included in, and shall be a part of,

VerDate Jan 31 2003 05:28 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.042 H25PT1 H1292 CONGRESSIONAL RECORD — HOUSE February 25, 2003 the report filed by the committee with re- made by a Government agency and sub- have its hearings thereon (if any) printed spect to a measure or matter. When time mitted to such committee; and and available for distribution to Members, guaranteed by clause 2(l) of rule XI has ex- (C) When practicable, a comparison of the Delegates, and the Resident Commissioner pired (or, if sooner, when all separate views total estimated funding level for the rel- before the consideration of the measure or have been received), the committee may ar- evant programs with the appropriate levels matter in the House. range to file its report with the Clerk not under current law. (c) A general appropriation bill reported by later than one hour after the expiration of (3)(A) In subparagraph (2) the term ‘‘Gov- the Committee on Appropriations may not such time. This clause and provisions of ernment agency’’ includes any department, be considered in the House until the third clause 2(l) of rule XI do not preclude the im- agency, establishment, wholly owned Gov- calendar day (excluding Saturdays, Sundays, mediate filing or printing of a committee re- ernment corporation, or instrumentality of and legal holidays except when the House is port in the absence of a timely request for the Federal Government or the government in session on such a day) on which printed the opportunity to file supplemental, minor- of the District of Columbia. hearings of the Committee on Appropria- ity, or additional views as provided in clause (B) Subparagraph (2) does not apply to the tions thereon have been available to Mem- 2(l) of rule XI. Committee on Appropriations, the Com- bers, Delegates, and the Resident Commis- Content of reports mittee on House Administration, the Com- sioner. mittee on Rules, or the Committee on Stand- III. SELECTED MATTERS OF INTEREST 3. (a)(1) Except as provided in subparagraph ards of Official Conduct, and does not apply (2), the report of a committee on a measure when a cost estimate and comparison pre- A. 5 U.S.C. See. 2954. Information to or matter shall be printed in a single volume pared by the Director of the Congressional Committees of Congress on Request that— Budget Office under section 402 of the Con- An Executive agency, on request of the (A) shall include all supplemental, minor- gressional Budget Act of 1974 has been in- ity, or additional views that have been sub- Committee on Government Operations of the cluded in the report under paragraph (c)(3). House of Representatives, or of any seven mitted by the time of the filing of the report; (e)(1) Whenever a committee reports a bill and members thereof, or on request of the Com- or joint resolution proposing to repeal or mittee on Government Operations of the (B) shall bear on its cover a recital that amend a statute or part thereof, it shall in- any such supplemental, minority, or addi- Senate, or any five members thereof, shall clude in its report or in an accompanying submit any information requested of it relat- tional views (and any material submitted document— under paragraph (c)(3)) are included as part ing to any matter within the jurisdiction of (A) the text of a statute or part thereof the committee. of the report. that is proposed to be repealed; and (2) A committee may file a supplemental (B) a comparative print of any part of the B. 18 U.S.C. Sec. 1505. Obstruction of Pro- report for the correction of a technical error bill or joint resolution proposing to amend ceedings Before Departments, Agencies, in its previous report on a measure or mat- the statute and of the statute or part thereof and Committees ter. A supplemental report only correcting proposed to be amended, showing by appro- Whoever, with intent to avoid, evade, pre- errors in the depiction of record votes under priate typographical devices the omissions vent, or obstruct compliance, in whole or in paragraph (b) may be filed under this sub- and insertions proposed. part, with any civil investigative demand paragraph and shall not be subject to the re- (2) If a committee reports a bill or joint duly and properly made under the Antitrust quirement in clause 4 concerning the avail- resolution proposing to repeal or amend a Civil Process Act, willfully withholds, mis- ability of reports. statute or part thereof with a recommenda- represents, removes from any place, con- (b) With respect to each record vote on a tion that the bill or joint resolution be ceals, covers up, destroys, mutilates, alters, motion to report a measure or matter of a amended, the comparative print required by or by other means falsifies any documentary public nature, and on any amendment of- subparagraph (1) shall reflect the changes in material, answers to written interrogatories, fered to the measure or matter, the total existing law proposed to be made by the bill or oral testimony, which is the subject of number of votes cast for and against, and the or joint resolution as proposed to be amend- such demand; or attempts to do so or solicits names of members voting for and against, ed. another to do so; or shall be included in the committee report. * * * * * Whoever corruptly, or by threats or force, The preceding sentence does not apply to or by any threatening letter or communica- votes taken in executive session by the Com- Availability of reports tion influences, obstructs, or impedes or en- mittee on Standards of Official Conduct. 4. (a)(1) Except as specified in subpara- deavors to influence, obstruct, or impedes (c) The report of a committee on a measure graph (2), it shall not be in order to consider the due and proper administration of the law that has been approved by the committee in the House a measure or matter reported under which any pending proceeding is being shall include, separately set out and clearly by a committee until the third calendar day had before any department or agency of the identified, the following: (excluding Saturdays, Sundays, or legal holi- United States, or the due and proper exercise (1) Oversight findings and recommenda- days except when the House is in session on of the power or inquiry under which any in- tions under clause 2(b)(1) of rule X. such a day) on which each report of a com- quiry or investigation is being had by either (2) The statement required by section mittee on that measure or matter has been House, or any committee or either House or 308(a) of the Congressional Budget Act of available to Members, Delegates, and the any joint committee of the Congress— 1974, except that an estimate of new budget Resident Commissioner. Shall be fined not more than $5,000 or im- authority shall include, when practicable, a (2) Subparagraph (1) does not apply to— prisoned not more than five years, or both. comparison of the total estimated funding (A) a resolution providing a rule, joint level for the relevant programs to the appro- rule, or order of business reported by the C. 31 U.S.C. Sec. 712. Investigating the Use of priate levels under current law. Committee on Rules considered under clause Public Money (3) An estimate and comparison prepared 6; The Comptroller General shall— by the Director of the Congressional Budget (B) a resolution providing amounts from * * * * * Office under section 402 of the Congressional the applicable accounts described in clause (3) analyze expenditures of each executive Budget Act of 1974 if timely submitted to the 1(i)(1) of rule X reported by the Committee agency the Comptroller General believes will committee before the filing of the report. on House Administration considered under help Congress decide whether public money (4) A statement of general performance clause 6 of rule X; goals and objectives, including outcome-re- (C) a bill called from the Corrections Cal- has been used and expended economically lated goals and objectives, for which the endar under clause 6 of rule XV; and efficiently; measure authorizes funding. (D) a resolution presenting a question of (4) make an investigation and report or- (d) Each report of a committee on a public the privileges of the House reported by any dered by either House of Congress or a com- bill or public joint resolution shall contain committee; mittee of Congress having jurisdiction over the following: (E) a measure for the declaration of war, or revenue, appropriations, or expenditures; and (1) A statement citing the specific powers the declaration of a national emergency, by (5) give a committee of Congress having ju- granted to Congress in the Constitution to Congress; and risdiction over revenue, appropriations, or enact the law proposed by the bill or joint (F) a measure providing for the disapproval expenditures the help and information the resolution. of a decision, determination, or action by a committee requests. (2)(A) An estimate by the committee of the Government agency that would become, or D. 31 U.S.C. See. 719. Comptroller General costs that would be incurred in carrying out continue to be, effective unless disapproved Reports the bill or joint resolution in the fiscal year or otherwise invalidated by one or both in which it is reported and in each of the five Houses of Congress. In this subdivision the * * * * * fiscal years following that fiscal year (or for term ‘‘Government agency’’ includes any de- (e) The Comptroller General shall report the authorized duration of any program au- partment, agency, establishment, wholly on analyses carried out under section 712(3) thorized by the bill or joint resolution if less owned Government corporation, or instru- of this title to the Committees on Govern- than five years); mentality of the Federal Government or of mental Affairs and Appropriations of the (B) A comparison of the estimate of costs the government of the District of Columbia. Senate, the Committees on Government Op- described in subdivision (A) made by the (b) A committee that reports a measure or erations and Appropriations of the House, committee with any estimate of such costs matter shall make every reasonable effort to and the committees with jurisdiction over

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.044 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1293 legislation related to the operation of each mation from the sources in the directory; of the House of Representatives, I am executive agency. 1 and reporting that the Committee on Fi- (d) To the extent they consider necessary, nancial Services adopted the following * * * * * the Comptroller General and the Director of (i) On request of a committee of Congress, the Congressional Budget Office individually rules for the 108th Congress on Feb- the Comptroller General shall explain to dis- or jointly shall establish and maintain a file ruary 5, 2003 in open session, a quorum cuss with the committee or committee staff of information to meet recurring needs of being present, and submit those rules a report the Comptroller General makes that Congress for fiscal, budget, and program in- for publication in the Congressional would help the committee— formation to carry out this section and sec- Record: (1) evaluate a program or activity of an tions 717 and 1112 of this title. The file shall agency within the jurisdiction of the com- RULES OF THE COMMITTEE ON include information on budget requests, con- mittee; or FINANCIAL SERVICES gressional authorizations to obligations and (2) in its consideration of proposed legisla- expenditures. The Comptroller General and U.S. HOUSE OF REPRESENTATIVES tion. the Director shall maintain the file and an 108TH CONGRESS E. 31 U.S.C. See. 717. Evaluating Programs index so that it is easier for the committees FIRST SESSION and Activities of the United States Gov- and agencies of Congress to use the file and RULE 1 ernment index through data processing and commu- (d)(1) On request of a committee of Con- nications techniques. GENERAL PROVISIONS gress, the Comptroller General shall help the (e)(1) The Comptroller General shall— (a) The rules of the House are the rules of committee to— (A) carry out a continuing program to the Committee on Financial Services (here- (A) develop a statement of legislative goals identify the needs of committees and mem- inafter in these rules referred to as the and ways to assess and report program per- bers of Congress for fiscal budget, and pro- ‘‘Committee’’) and its subcommittees so far formance related to the goals, including rec- gram information to carry out this section as applicable, except that a motion to recess ommended ways to assess performance, in- and section 1112 of this title; from day to day, and a motion to dispense formation to be reported, responsibility for (B) assist committees of Congress in devel- with the first reading (in full) of a bill or res- reporting, frequency of reports, and feasi- oping their information needs; olution, if printed copies are available, are bility of pilot testing; and (C) monitor recurring reporting require- privileged motions in the Committee and (B) assess program evaluations prepared by ments of Congress and committees; and shall be considered without debate. A pro- and for an agency. (D) make recommendations to Congress posed investigative or oversight report shall (2) On request of a member of Congress, the and committees for changes and improve- be considered as read if it has been available Comptroller General shall give the member a ments in those reporting requirements to to the members of the Committee for at copy of the material the Comptroller Gen- meet information needs identified by the least 24 hours (excluding Saturdays, Sun- eral compiles in carrying out this subsection Comptroller General, to improve their use- days, or legal holidays except when the that has been released by the committee for fulness to congressional users, and to elimi- House is in session on such day). which the material was compiled. nate unnecessary reporting. (b) Each subcommittee is a part of the (2) Before September 2 of each year, the Committee, and is subject to the authority F. 31 U.S.C. Sec. 1113. Congressional Comptroller General shall report to Congress Information and direction of the Committee and to its on— rules so far as applicable. (a)(1) When requested by a committee of (A) the needs identified under paragraph (c) The provisions of clause 2 of rule XI of Congress having jurisdiction over receipts or (1)(A) of this subsection; the Rules of the House are incorporated by appropriations, the President shall provide (B) the relationship of those needs to exist- reference as the rules of the Committee to the committee with assistance and informa- ing reporting requirements; the extent applicable. tion. (C) the extent to which reporting by the RULE 2 (2) When requested by a committee of Con- executive branch of the United States Gov- gress, additional information related to the ernment currently meets the identified MEETINGS amount of an appropriation originally re- needs; Calling of Meetings quested by an Office of Inspector General (D) the changes to standard classifications (a)(1) The Committee shall regularly meet shall be submitted to the committee. necessary to meet congressional needs; on the first Tuesday of each month when the (b) When requested by a committee of Con- (E) activities, progress, and results of the House is in session. gress, by the Comptroller General, or by the program of the Comptroller General under (2) A regular meeting of the Committee Director of the Congressional Budget Office, paragraph (1)(B)–(D) of this subsection; and may be dispensed with if, in the judgment of the Secretary of the Treasury, the Director (F) progress of the executive branch in the the Chairman of the Committee (hereinafter of the Office of Management and Budget, and prior year. in these rules referred to as the ‘‘Chair’’), the head of each executive agency shall— (3) Before March 2 of each year, the Direc- there is no need for the meeting. (1) provide information on the location and tor of the Office of Management and Budget (3) Additional regular meetings and hear- kind of available fiscal, budget, and program and the Secretary shall report to Congress ings of the Committee may be called by the information; on plans for meeting the needs identified Chair, in accordance with clause 2(g)(3) of (2) to the extent practicable, prepare sum- under paragraph (1)(A) of this subsection, in- rule XI of the rules of the House. mary tables of that fiscal, budget, and pro- cluding— (4) Special meetings shall be called and gram information and related information of (A) plans for carrying out changes to clas- convened by the Chair as provided in clause the committee, the Comptroller General, or sifications to meet information needs of Con- 2(c)(2) of rule XI of the Rules of the House. the Director of the Congressional Budget Of- gress; Notice for Meetings fice considers necessary; and (B) the status of information systems in (3) provide a program evaluation carried the prior year; and (b)(1) The Chair shall notify each member out or commissioned by an executive agency. (C) the use of standard classifications. of the Committee of the agenda of each reg- (c) In cooperation with the Director of the (Public Law 97–258, Sept. 13, 1982, 96 Stat. 914; ular meeting of the Committee at least two Congressional Budget Office, the Secretary, Public Law 97452, § 1(3), Jan. 12, 1983, 96 Stat. calendar days before the time of the meet- and the Director of the Office of Manage- 2467.) ing. ment and Budget, the Comptroller General The SPEAKER pro tempore. Under a (2) The Chair shall provide to each member shall— previous order of the House, the gen- of the Committee, at least two calendar days (1) establish and maintain a current direc- tleman from Oregon (Mr. DEFAZIO) is before the time of each regular meeting for tory of sources of, and information systems recognized for 5 minutes. each measure or matter on the agenda a for, fiscal, budget, and program information copy of— (Mr. DEFAZIO. addressed the House. (A) the measure or materials relating to and a brief description of the contents of His remarks will appear hereafter in each source and system; the matter in question; and (2) when requested, provide assistance to the Extensions of Remarks.) (B) an explanation of the measure or mat- committees of Congress and members of Con- f ter to be considered, which, in the case of an explanation of a bill, resolution, or similar gress in obtaining information from the PUBLICATION OF THE RULES OF sources in the directory; and measure, shall include a summary of the (3) when requested, provide assistance to THE COMMITTEE ON FINANCIAL major provisions of the legislation, an expla- committees and the extent practicable, to SERVICES 108TH CONGRESS nation of the relationship of the measure to members of Congress in evaluating the infor- The SPEAKER pro tempore. Under a present law, and a summary of the need for previous order of the House, the gen- the legislation. (3) The agenda and materials required 1 For other requirements which relate to General tleman from Ohio (Mr. OXLEY) is recog- under this subsection shall be provided to Accounting Office reports to Congress and which af- nized for 5 minutes. fect the committee, see secs. 232 and 236 of the Leg- each member of the Committee at least islative Reorganization Act of 1970 (Public Law 91– Mr. OXLEY. Mr. Speaker, Pursuant three calendar days before the time of the 150). to clause 2(a)(2) of Rule XI of the Rules meeting where the measure or matter to be

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.046 H25PT1 H1294 CONGRESSIONAL RECORD — HOUSE February 25, 2003 considered was not approved for full Com- total number of votes cast for and against Subpoenas and Oaths mittee consideration by a subcommittee of and the names of those members voting for (e)(1) Pursuant to clause 2(m) of rule XI of jurisdiction. and against. the Rules of the House, a subpoena may be (4) The provisions of this subsection may (5) POSTPONED RECORD VOTES.—(A) Subject authorized and issued by the Committee or a be waived by a two-thirds vote of the Com- to subparagraph (B), the Chairman may post- subcommittee in the conduct of any inves- mittee, or by the Chair with the concurrence pone further proceedings when a record vote tigation or series of investigations or activi- of the ranking minority member. is ordered on the question of approving any ties, only when authorized by a majority of RULE 3 measure or matter or adopting an amend- the members voting, a majority being MEETING AND HEARING PROCEDURES ment. The Chairman may resume pro- present, or pursuant to paragraph (2). ceedings on a postponed request at any time, In General (2) The Chair, with the concurrence of the but no later than the next meeting day. ranking minority member, may authorize (a)(1) Meetings and hearings of the Com- (B) In exercising postponement authority and issue subpoenas under such clause dur- mittee shall be called to order and presided under subparagraph (A), the Chairman shall ing any period for which the House has ad- over by the Chair or, in the Chair’s absence, take all reasonable steps necessary to notify journed for a period in excess of 3 days when, by the member designated by the Chair as members on the resumption of proceedings in the opinion of the Chair, authorization the Vice Chair of the Committee, or by the on any postponed record vote; and issuance of the subpoena is necessary to ranking majority member of the Committee (C) When proceedings resume on a post- obtain the material or testimony set forth in present as Acting Chair. poned question, notwithstanding any inter- the subpoena. The Chair shall report to the (2) Meetings and hearings of the committee vening order for the previous question, an members of the Committee on the authoriza- shall be open to the public unless closed in underlying proposition shall remain subject tion and issuance of a subpoena during the accordance with clause 2(g) of rule XI of the to further debate or amendment to the same recess period as soon as practicable, but in Rules of the House. extent as when the question was postponed. no event later than one week after service of (3) Any meeting or hearing of the Com- such subpoena. mittee that is open to the public shall be Hearing Procedures (3) Authorized subpoenas shall be signed by open to coverage by television broadcast, the Chair or by any member designated by radio broadcast, and still photography in ac- (d)(1)(A) The Chair shall make public an- the Committee, and may be served by any cordance with the provisions of clause 4 of nouncement of the date, place, and subject person designated by the Chair or such mem- rule XI of the Rules of the House (which are matter of any committee hearing at least ber. incorporated by reference as part of these one week before the commencement of the (4) The Chair, or any member of the Com- rules). Operation and use of any Committee hearing, unless the Chair, with the concur- mittee designated by the Chair, may admin- operated broadcast system shall be fair and rence of the ranking minority member, or ister oaths to witnesses before the Com- nonpartisan and in accordance with clause the Committee by majority vote with a mittee. 4(b) of rule XI and all other applicable rules quorum present for the transaction of busi- Special Procedures of the Committee and the House. ness, determines there is good cause to begin (4) Opening statements by members at the (f)(1)(A) COMMEMORATIVE MEDALS AND the hearing sooner, in which case the Chair beginning of any hearing or meeting of the .—It shall not be in order for the Sub- Committee shall be limited to 5 minutes shall make the announcement at the earliest committee on Domestic and International each for the Chair or ranking minority mem- possible date. Monetary Policy, Trade, and Technology to ber, or their respective designee, and 3 min- (B) Not less than three days before the hold a hearing on any commemorative medal utes each for all other members. commencement of a hearing announced or commemorative legislation unless (5) No person, other than a Member of Con- under this paragraph, the Chair shall provide the legislation is cosponsored by at least gress, Committee staff, or an employee of a to the members of the Committee a concise two-thirds of the members of the House and Member when that Member has an amend- summary of the subject of the hearing, or, in has been recommended by the U.S. Mint’s ment under consideration, may stand in or the case of a hearing on a measure or mat- Citizens Commemorative Coin Advisory be seated at the rostrum area of the Com- ter, a copy of the measure or materials relat- Committee in the case of a commemorative mittee rooms unless the Chair determines ing to the matter in question and a concise coin. otherwise. explanation of the measure or matter to be (B) It shall not be in order for the sub- considered. (2) To the greatest extent prac- Quorum committee to approve a bill or measure au- ticable— thorizing commemorative coins for consider- (b)(1) For the purpose of taking testimony (A) each witness who is to appear before ation by the full Committee which does not and receiving evidence, two members of the the Committee shall file with the Committee conform with the mintage restrictions estab- Committee shall constitute a quorum. two business days in advance of the appear- lished by section 5112 of title 31, United (2) A majority of the members of the Com- ance sufficient copies (including a copy in States Code. mittee shall constitute a quorum for the pur- electronic form), as determined by the Chair, (C) In considering legislation authorizing poses of reporting any measure or matter, of of a written statement of proposed testi- Congressional gold medals, the sub- authorizing a subpoena, of closing a meeting mony and shall limit the oral presentation committee shall apply the following stand- or hearing pursuant to clause 2(g) of rule XI to the Committee to brief summary thereof; ards— of the rules of the House (except as provided and (i) the recipient shall be a natural person; in clause 2(g)(2)(A) and (B)) or of releasing (B) each witness appearing in a non-gov- (ii) the recipient shall have performed an executive session material pursuant to ernmental capacity shall include with the achievement that has an impact on Amer- clause 2(k)(7) of rule XI of the rules of the written statement of proposed testimony a ican history and culture that is likely to be House. curriculum vitae and a disclosure of the recognized as a major achievement in the re- (3) For the purpose of taking any action amount and source (by agency and program) cipient’s field long after the achievement; other than those specified in paragraph (2) of any Federal grant (or subgrant thereof) or (iii) the recipient shall not have received a one-third of the members of the Committee contract (or subcontract thereof) received medal previously for the same or substan- shall constitute a quorum. during the current fiscal year or either of tially the same achievement; Voting the two preceding fiscal years. (iv) the recipient shall be living or, if de- (c)(1) No vote may be conducted on any (3) The requirements of paragraph (2)(A) ceased, shall have been deceased for not less measure or matter pending before the Com- may be modified or waived by the Chair than 5 years and not more than 25 years; mittee unless the requisite number of mem- when the Chair determines it to be in the (v) the achievements were performed in the bers of the Committee is actually present for best interest of the Committee. recipient’s field of endeavor, and represent such purpose. (4) The five-minute rule shall be observed either a lifetime of continuous superior (2) A record vote of the Committee shall be in the interrogation of witnesses before the achievements or a single achievement so sig- provided on any question before the Com- Committee until each member of the Com- nificant that the recipient is recognized and mittee upon the request of one-fifth of the mittee has had an opportunity to question acclaimed by others in the same field, as evi- members present. the witnesses. No member shall be recog- denced by the recipient having received the (3) No vote by any member of the Com- nized for a second period of 5 minutes to in- highest honors in the field. mittee on any measure or matter may be terrogate witnesses until each member of the (2) TESTIMONY OF CERTAIN OFFICIALS.— cast by proxy. Committee present has been recognized once (A) Notwithstanding subsection (a)(4), (4) In accordance with clause 2(e)(1)(B) of for that purpose. when the Chair announces a hearing of the rule XI, a record of the vote of each member (5) Whenever any hearing is conducted by Committee for the purpose of receiving— of the Committee on each record vote on any the Committee on any measure or matter, (i) testimony from the Chairman of the measure or matter before the Committee the minority party members of the Com- Federal Reserve Board pursuant to section shall be available for public inspection at the mittee shall be entitled, upon the request of 2B of the Federal Reserve Act (12 U.S.C. 221 offices of the Committee, and, with respect a majority of them before the completion of et seq.), or to any record vote on any motion to report the hearing, to call witnesses with respect to (ii) testimony from the Chairman of the or on any amendment, shall be included in that measure or matter during at least one Federal Reserve Board or a member of the the report of the Committee showing the day of hearing thereon. President’s cabinet at the invitation of the

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.018 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1295 Chair, the Chair may, in consultation with proof and mint sets and other special coins, energy conservation; housing research and the ranking minority member, limit the the Coinage Act of 1965, gold and silver, in- demonstration programs; financial and tech- number and duration of opening statements cluding the coinage thereof (but not the par nical assistance for nonprofit housing spon- to be delivered at such hearing. The limita- value of gold), gold medals, counterfeiting, sors; housing counseling and technical as- tion shall be included in the announcement currency denominations and design, the dis- sistance; regulation of the housing industry made pursuant to subsection (d)(1)(A), and tribution of coins, and the operations of the (including landlord/tenant relations); and shall provide that the opening statements of Bureau of the Mint and the Bureau of En- real estate lending including regulation of all members of the Committee shall be made graving and Printing; settlement procedures; a part of the hearing record. (vi) development of new or alternative (ii) community development and community RULE 4 forms of currency; and neighborhood planning, training and re- (vii) multilateral development lending in- PROCEDURES FOR REPORTING MEASURES OR search; national urban growth policies; stitutions, including activities of the Na- MATTERS urban/rural research and technologies; and tional Advisory Council on International regulation of interstate land sales; (a) No measure or matter shall be reported Monetary and Financial Policies as related from the Committee unless a majority of the (iii) government sponsored insurance pro- thereto, and monetary and financial develop- grams, including those offering protection Committee is actually present. ments as they relate to the activities and ob- (b) The Chair of the Committee shall re- against crime, fire, flood (and related land jectives of such institutions; port or cause to be reported promptly to the use controls), earthquake and other natural (viii) international trade, including but not House any measure approved by the Com- hazards; and limited to the activities of the Export-Im- mittee and take necessary steps to bring a (iv) the qualifications for and designation matter to a vote. port Bank; of Empowerment Zones and Enterprise Com- (c) The report of the Committee on a meas- (ix) the International Monetary Fund, its munities (other than matters relating to tax ure which has been approved by the Com- permanent and temporary agencies, and all benefits). mittee shall be filed within seven calendar matters related thereto; and (E) SUBCOMMITTEE ON OVERSIGHT AND INVES- days (exclusive of days on which the House is (x) international investment policies, both TIGATIONS.—The jurisdiction of the Sub- not in session) after the day on which there as they relate to United States investments committee on Oversight and Investigations has been filed with the clerk of the Com- for trade purposes by citizens of the United includes— mittee a written request, signed by a major- States and investments made by all foreign (i) the oversight of all agencies, depart- ity of the members of the Committee, for the entities in the United States. ments, programs, and matters within the ju- reporting of that measure pursuant to the (C) SUBCOMMITTEE ON FINANCIAL INSTITU- risdiction of the Committee, including the provisions of clause 2(b)(2) of rule XIII of the TIONS AND CONSUMER CREDIT.—The jurisdic- development of recommendations with re- Rules of the House. tion of the Subcommittee on Financial Insti- gard to the necessity or desirability of enact- (d) All reports printed by the Committee tutions and Consumer Credit includes— ing, changing, or repealing any legislation pursuant to a legislative study or investiga- (i) all agencies, including the Office of the within the jurisdiction of the Committee, tion and not approved by a majority vote of Comptroller of the Currency, the Federal De- and for conducting investigations within the Committee shall contain the following posit Insurance Corporation, the Board of such jurisdiction; and Governors of the Federal Reserve System disclaimer on the cover of such report: ‘‘This (ii) research and analysis regarding mat- and the Federal Reserve System, the Office report has not been officially adopted by the ters within the jurisdiction of the Com- of Thrift Supervision, and the National Cred- Committee on Financial Services and may mittee, including the impact or probable im- it Union Administration, which directly or not necessarily reflect the views of its Mem- pact of tax policies affecting matters within indirectly exercise supervisory or regulatory bers.’’ the jurisdiction of the Committee. authority in connection with, or provide de- RULE 5 (2) In addition, each such subcommittee posit insurance for, financial institutions, SUBCOMMITTEES shall have specific responsibility for such and the establishment of interest rate ceil- other measures or matters as the Chair re- Establishment and Responsibilities of ings on deposits; fers to it. Subcommittees (ii) the chartering, branching, merger, ac- (a)(1) There shall be 5 subcommittees of quisition, consolidation, or conversion of fi- (3) Each subcommittee of the Committee the Committee as follows: nancial institutions; shall review and study, on a continuing (A) SUBCOMMITTEE ON CAPITAL MARKETS, IN- (iii) consumer credit, including the provi- basis, the application, administration, exe- SURANCE, AND GOVERNMENT SPONSORED ENTER- sion of consumer credit by insurance compa- cution, and effectiveness of those laws, or PRISES.—The jurisdiction of the Sub- nies, and further including those matters in parts of laws, the subject matter of which is committee on Capital Markets, Insurance, the Consumer Credit Protection Act dealing within its general responsibility. and Government Sponsored Enterprises in- with truth in lending, extortionate credit Referral of Measures and Matters to cludes— transactions, restrictions on garnishments, Subcommittees (i) securities, exchanges, and finance; fair credit reporting and the use of credit in- (b)(1) The Chair shall regularly refer to one (ii) capital markets activities; formation by credit bureaus and credit pro- or more subcommittees such measures and (iii) activities involving futures, forwards, viders, equal credit opportunity, debt collec- matters as the Chair deems appropriate options, and other types of derivative instru- tion practices, and electronic funds trans- given its jurisdiction and responsibilities. In ments; fers; making such a referral, the Chair may des- (iv) secondary market organizations for (iv) creditor remedies and debtor defenses, ignate a subcommittee of primary jurisdic- home mortgages including the Federal Na- Federal aspects of the Uniform Consumer tion and subcommittees of additional or se- tional Mortgage Association, the Federal Credit Code, credit and debit cards, and the quential jurisdiction. Home Loan Mortgage Corporation, and the preemption of State usury laws; (2) All other measures or matters shall be Federal Agricultural Mortgage Corporation; (v) consumer access to financial services, subject to consideration by the full Com- (v) the Office of Federal Housing Enter- including the Home Mortgage Disclosure Act mittee. prise Oversight; and the Community Reinvestment Act; (3) In referring any measure or matter to a (vi) the Federal Home Loan Banks; and (vi) the terms and rules of disclosure of fi- subcommittee, the Chair may specify a date (vii) insurance generally. nancial services, including the advertise- by which the subcommittee shall report (B) SUBCOMMITTEE ON DOMESTIC AND INTER- ment, promotion and pricing of financial thereon to the Committee. NATIONAL MONETARY POLICY, TRADE, AND services, and availability of government (4) The Committee by motion may dis- TECHNOLOGY.—The jurisdiction of the Sub- check cashing services; charge a subcommittee from consideration committee on Domestic and International (vii) deposit insurance; and of any measure or matter referred to a sub- Monetary Policy, Trade, and Technology in- (viii) consumer access to savings accounts committee of the Committee. cludes— and checking accounts in financial institu- (i) financial aid to all sectors and elements tions, including lifeline banking and other Composition of Subcommittees within the economy; consumer accounts. (c)(1) Members shall be elected to each sub- (ii) economic growth and stabilization; (D) SUBCOMMITTEE ON HOUSING AND COMMU- committee and to the positions of chair and (iii) defense production matters as con- NITY OPPORTUNITY.—The jurisdiction of the ranking minority member thereof, in accord- tained in the Defense Production Act of 1950, Subcommittee on Housing and Community ance with the rules of the respective party as amended; Opportunity includes— caucuses. The Chair of the Committee shall (iv) domestic monetary policy, and agen- (i) housing (except programs administered designate a member of the majority party on cies which directly or indirectly affect do- by the Department of Veterans Affairs), in- each subcommittee as its vice chair. mestic monetary policy, including the effect cluding mortgage and loan insurance pursu- (2) The Chair and ranking minority mem- of such policy and other financial actions on ant to the National Housing Act; rural hous- ber of the Committee shall be ex officio interest rates, the allocation of credit, and ing; housing and homeless assistance pro- members with voting privileges of each sub- the structure and functioning of domestic fi- grams; all activities of the Government Na- committee of which they are not assigned as nancial institutions; tional Mortgage Association; private mort- members and may be counted for purposes of (v) coins, coinage, currency, and medals, gage insurance; housing construction and de- establishing a quorum in such subcommit- including commemorative coins and medals, sign and safety standards; housing-related tees.

VerDate Jan 31 2003 05:28 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.020 H25PT1 H1296 CONGRESSIONAL RECORD — HOUSE February 25, 2003 (3) The subcommittees shall be comprised ities under the rules of the Committee and (3) All Committee hearings, records, data, as follows: that the minority party is treated fairly in charts, and files shall be kept separate and (A) The Subcommittee on Capital Markets, the appointment of such staff. distinct from the congressional office Insurance, and Government Sponsored En- Compensation of Staff records of the Chair, shall be the property of terprises shall be comprised of 49 members, (c)(1) Except as provided in paragraph (2), the House, and all Members of the House 26 elected by the majority caucus and 23 the Chair shall fix the compensation of all shall have access thereto as provided in elected by the minority caucus. professional and other staff of the Com- clause 2(e)(2) of rule XI of the Rules of the (B) The Subcommittee on Domestic and mittee. House. International Monetary Policy, Trade, and (2) The ranking minority member shall fix (4) The records of the Committee at the Technology shall be comprised of 26 mem- the compensation of all professional and National Archives and Records Administra- bers, 14 elected by the majority caucus and other staff provided to the minority party tion shall be made available for public use in 12 elected by the minority caucus. members of the Committee. accordance with rule VII of the Rules of the (C) The Subcommittee on Financial Insti- RULE 7 House of Representatives. The Chair shall tutions and Commercial Credit shall be com- notify the ranking minority member of any BUDGET AND TRAVEL prised of 47 members, 25 elected by the ma- decision, pursuant to clause 3(b)(3) or clause jority caucus and 22 elected by the minority Budget 4(b) of the rule, to withhold a record other- caucus. (a)(1) The Chair, in consultation with other wise available, and the matter shall be pre- (D) The Subcommittee on Housing and members of the Committee, shall prepare for sented to the Committee for a determination Community Opportunity shall be comprised each Congress a budget providing amounts on written request of any member of the of 26 members, 14 elected by the majority for staff, necessary travel, investigation, and Committee. other expenses of the Committee and its sub- caucus and 12 elected by the minority cau- Committee Publications on the Internet cus. committees. (b) To the maximum extent feasible, the (E) The Subcommittee on Oversight and (2) From the amount provided to the Com- Committee shall make its publications avail- Investigations shall be comprised of 20 mem- mittee in the primary expense resolution able in electronic form. bers, 11 elected by the majority caucus and 9 adopted by the House of Representatives, the elected by the minority caucus. Chair, after consultation with the ranking The SPEAKER pro tempore. Under a minority member, shall designate an amount previous order of the House, the gen- Subcommittee Meetings and Hearings to be under the direction of the ranking mi- tleman from Florida (Mr. MEEK) is rec- (d)(1) Each subcommittee of the Com- nority member for the compensation of the mittee is authorized to meet, hold hearings, ognized for 5 minutes. minority staff, travel expenses of minority (Mr. MEEK of Florida addressed the receive testimony, mark up legislation, and members and staff, and minority office ex- report to the full Committee on any measure penses. All expenses of minority members House. His remarks will appear here- or matter referred to it, consistent with sub- and staff shall be paid for out of the amount after in the Extensions of Remarks.) section (a). so set aside. f (2) No subcommittee of the Committee Travel may meet or hold a hearing at the same time SUPPORT H.R. 837 TO REDUCE as a meeting or hearing of the Committee. (b)(1) The Chair may authorize travel for AMERICAN DEPENDENCE ON any member and any staff member of the (3) The chair of each subcommittee shall FOREIGN ENERGY Committee in connection with activities or set hearing and meeting dates only with the subject matters under the general jurisdic- The SPEAKER pro tempore (Mr. approval of the Chair with a view toward as- tion of the Committee. Before such author- suring the availability of meeting rooms and BEAUPREZ). Under a previous order of ization is granted, there shall be submitted the House, the gentleman from Ne- avoiding simultaneous scheduling of Com- to the Chair in writing the following: braska (Mr. OSBORNE) is recognized for mittee and subcommittee meetings or hear- (A) The purpose of the travel. ings. (B) The dates during which the travel is to 5 minutes. Effect of a Vacancy occur. Mr. OSBORNE. Mr. Speaker, many of (e) Any vacancy in the membership of a (C) The names of the States or countries to us have noticed that fuel prices are ap- subcommittee shall not affect the power of be visited and the length of time to be spent proaching $2 per gallon. We have dou- the remaining members to execute the func- in each. bled petroleum imports from Iraq in tions of the subcommittee as long as the re- (D) The names of members and staff of the the last couple of months. This has quired quorum is present. Committee for whom the authorization is been due largely to the Venezuelan cri- Records sought. sis. We are currently averaging 6 bil- (2) Members and staff of the Committee (f) Each subcommittee of the Committee lion barrels a year of imported fuel shall provide the full Committee with copies shall make a written report to the Chair on any travel they have conducted under this from Iraq. As anyone might suppose, of such records of votes taken in the sub- we may eventually lose that supply. committee and such other records with re- subsection, including a description of their spect to the subcommittee as the Chair itinerary, expenses, and activities, and of Nearly 60 percent of all oil is from for- deems necessary for the Committee to com- pertinent information gained as a result of eign sources, and this should grow to ply with all rules and regulations of the such travel. roughly 70 percent by the year 2020. House. (3) Members and staff of the Committee Recently the gentleman from Min- performing authorized travel on official busi- RULE 6 nesota (Mr. PETERSON) and I have in- ness shall be governed by applicable laws, STAFF resolutions, and regulations of the House and troduced H.R. 837 which would, par- In General of the Committee on House Administration. tially at least, address this problem. (a)(1) Except as provided in paragraph (2), RULE 8 H.R. 837 amends section 211 of the the professional and other staff of the Com- COMMITTEE ADMINISTRATION Clean Air Act. It requires the use of at mittee shall be appointed, and may be re- Records least 2.3 billion gallons of renewable moved by the Chair, and shall work under (a)(1) There shall be a transcript made of fuels during the year 2004, and that the general supervision and direction of the each regular meeting and hearing of the would increase to 5 billion gallons by Chair. Committee, and the transcript may be print- the year 2012. (2) All professional and other staff provided ed if the Chair decides it is appropriate or if Renewable fuels are fuels produced to the minority party members of the Com- a majority of the members of the Committee mittee shall be appointed, and may be re- from grain, sewage, feedlot waste, or requests such printing. Any such transcripts moved, by the ranking minority member of other decaying organic materials. Eth- shall be a substantially verbatim account of the Committee, and shall work under the anol and biodiesel are the two primary remarks actually made during the pro- general supervision and direction of such ceedings, subject only to technical, gram- sources of renewable fuels. member. matical, and typographical corrections au- Ethanol contains 34 percent more en- (3) It is intended that the skills and experi- thorized by the person making the remarks. ergy than is required to produce it. ence of all members of the Committee staff Nothing in this paragraph shall be construed This combats the myth that many peo- be available to all members of the Com- to require that all such transcripts be sub- ple think it takes more energy to mittee. ject to correction and publication. produce ethanol than ethanol actually Subcommittee Staff (2) The Committee shall keep a record of produces. That is not true. (b) From funds made available for the ap- all actions of the Committee and of its sub- Ethanol improves octane level in pointment of staff, the Chair of the Com- committees. The record shall contain all in- mittee shall, pursuant to clause 6(d) of rule formation required by clause 2(e)(1) of rule fuels. It improves air quality and al- X of the Rules of the House, ensure that suf- XI of the Rules of the House and shall be lows us to meet EPA clean air require- ficient staff is made available so that each available for public inspection at reasonable ments. And, possibly as important as subcommittee can carry out its responsibil- times in the offices of the Committee. anything, it replaces the additive

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.022 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1297 MTBE, which has been proven to pol- President purposely fail to extend con- huge commitment by the nation of lute groundwater and is being phased gratulations to German Chancellor France. Our Republic owes much to out throughout the Nation. Of course, Gerhard Schroeder on his reelection. France and the people of France, and I our legislation requires MTBE to be The President’s behavior was inappro- wish to thank them tonight in their phased out over the next 4 years. Eth- priate and damaging. Germany has own words. anol results in by-products of animal stood as our Nation’s most cooperative Donc, ce soir je voudrais exprimer feed and biodegradable plastics, which ally for over 50 years as our nations re- mon gratitude profonde envers le Presi- certainly adds value to the agricultural built Europe, weathered the Cold War dent Chirac et envers le parlement community. and linked our economies with shared franc¯ais de leur alliance durable avec This legislation, H.R. 837, would re- democratic values and a rule of law. notre pays et avec l’OTAN. Je voudrais place nearly all of the oil that we cur- NATO has stood as the bulwark aussi offrir de respect au ministre de rently import from Iraq by the year against the most awful forms of tyr- l’Etranger de la France, Dominique de 2012, which is roughly 6 billion gallons anny and repression. NATO is not the Villipin—je ne veux absolument pas le per year. It would also reduce foreign ‘‘Old Europe,’’ in Secretary Rumsfeld’s chaˆ tier. Le monde civilise´ ne peut pas oil purchases by $34 billion a year. Cur- poorly chosen words. It is the demo- encore savoir la meilleure me´thode rently, roughly 25 percent of the trade cratic, dependable Europe that has pour endiguer le terrorisme imbalance that we have is caused by withstood the test of time. It is the grandissant qui est engendre´ par la the purchase of foreign petroleum. So modern Europe that has always stood ferveur re´volutionnaire trouve´e au this is an important thing. at America’s side. Moyen-Orient et a` l’Asie Centrale. Also this legislation would create I have been blessed to live through an Mais je suis certaine d’une chose: nous 200,000 new jobs in the United States, it era when President John F. Kennedy ne re´ussirons pas sans nos allie´s would increase farm income by roughly stood at the Brandenburg Gate, when historiques et valables en l’Europe—ni $6 billion annually and lessen our de- Berlin was a divided city between the face a` leur opposition. La guerre doit pendence on farm program payments. forces of freedom and repression, to eˆtre la dernie`re ressource, apre`s que les Ethanol currently comprises 1 percent proclaim for freedom-loving people ev- inspections raisonnables exe´cute´es par of U.S. fuel supply. H.R. 837 would in- erywhere, ‘‘Ich bin ein Berliner.’’ les agents de l’ONU auront e´puise´. crease the use of ethanol to at least 3 For the vast majority of Americans Je veu parler des rapports entre les percent by the year 2012. Currently, by of this post-World War II period, we ex- gouvernements de la France et des contrast, Brazil has 22 percent of its press to the German people and their Etats-Unis et entre les citoyens de nos fuel supply from ethanol. government profound gratitude for pays. Notre amitie´ est importante et Most automobiles can burn ethanol your alliance with America, your sister historique, et date des jours ou` le fuel at an 85 percent level. Currently Republic. ge´ne´ral Lafayette nous aidait pendant there are over 200 State and Federal notre guerre de l’inde´pendance. Meˆme b 1915 automobile fleets that use a biodiesel notre capitale, la ville de Washington, blend of 20 percent. So a 3 percent Never before in my 20 years in Con- a e´te´ dessine´ par un franc¯ais, Pierre usage of ethanol is just the tip of the gress have I felt compelled to place a L’Enfant, et a pris mode`le sur la ville iceberg. We certainly can go much fur- call to the German Embassy to offer de Paris. Les mots de la re´volution ther with this particular technology. my congratulations to the German franc¯aise—liberte´, e´galite´, fraternite´— Ethanol production is expanding rap- Chancellor, as well as the congratula- restent vrais aujourd’hui et dans notre idly. We had 12 new plants come into tions of all Americans of goodwill to congre`s, ils sont vraiment grave´s pour production last year. We have 10 new the Chancellor. Indeed, it is no secret toujours. plants under construction this year, that Germany has dispatched its own (English translation of the above state- and many plants that are expanding. peacekeeping forces to Afghanistan to ment is as follows:) Eighty percent of California’s reformu- help secure the first bloody tranche of Our friendship is important and his- lated gasoline contains ethanol at the peace, a most dangerous and difficult toric, and dates from the days when present time. Many people thought at assignment. General Lafayette helped us during our one time that the ethanol production So, tonight, I want again to formally war for independence. Even our capital, was not such that California could be thank the Chancellor, the members of the city of Washington, was designed satisfied, so supply is really not a prob- the Bundestag, and the German people by a Frenchman, Pierre L’Enfant, and lem at the present time. for their resolve and enduring friend- was modeled after Paris. The words of Mr. Speaker, this legislation provides ship with America. I thank the Bundes- the —liberty, equal- flexibility in compliance with tag, as well, for their ongoing exchange ity, brotherhood—remain true today oxygenated fuel standards at the State with our Congress. and in our Congress, they are truly and local level. This is not a mandate Despite reckless White House rhet- carved for all time. U.S. President and that is going to restrict anybody un- oric, Germany’s ties to America are U.S. ambassador to France, Thomas necessarily. This should cut refinery deep and growing. Then this past Jefferson wrote, costs when compared to current fuel month, we witnessed the Bush adminis- ‘‘I do not believe war the most cer- regulations. tration publicly humiliate France. tain means of enforcing principles. Mr. Speaker, I urge my colleagues to France too has suffered and suffers as a Those peaceable coercions which are in support H.R. 837, because it decreases result of terrorism. They know a great the power of every nation, if under- dependence on foreign oil while im- deal about terrorism. taken in concert and in time of peace, proving air quality, lessening ground- Mr. Speaker, let me remind the are more likely to produce the desired water pollution, improving farm in- American people how essential France effect.’’—Thomas Jefferson to Robert come and providing hundreds of thou- was to the establishment of our own Livingston, 1801. sands of jobs for American citizens. independent Nation. During the Revo- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE lutionary War, the French forces allied f The SPEAKER pro tempore (Mr. with our Continental revolutionaries, BEAUPREZ). The Chair understands the CONCERNS ABOUT AMERICA’S and they were indispensable to our vic- GLOBAL ALLIANCES gentlewoman will supply the Clerk tory over the British crown. French with the English translation for the The SPEAKER pro tempore. Under a General Marquis de Lafayette was dis- RECORD. previous order of the House, the gentle- patched by General George Washington Ms. KAPTUR. Yes, Mr. Speaker. to rout out the British forces. About woman from Ohio (Ms. KAPTUR) is rec- f ognized for 5 minutes. 5,500 French soldiers, led by Lieutenant Ms. KAPTUR. Mr. Speaker, tonight I Jean Rochambeau, drove the British ANOTHER UNITED NATIONS WAR? wish to place on the record my deep- from New York; and ultimately, the The SPEAKER pro tempore. Under a ening concerns about America’s global French and American forces were vic- previous order of the House, the gen- alliances. A few weeks ago, it was with torious at Yorktown. Mr. Speaker, tleman from Texas (Mr. PAUL) is recog- shock and dismay that I observed our 5,500 French troops in those days was a nized for 5 minutes.

VerDate Jan 31 2003 05:58 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.029 H25PT1 H1298 CONGRESSIONAL RECORD — HOUSE February 25, 2003 Mr. PAUL. Mr. Speaker, President not necessary. The President argues a small State like Rhode Island, when Bush, Sr., proudly spoke of ‘‘The New that a unilateralist approach is permis- a close-knit town in the center of our World Order,’’ a term used by those sible with his understanding of na- State falls victim to one of the worst who promote one-world government tional sovereignty, but no mention is nightclub fires in the Nation’s history, under the United Nations. In going to made of the fact that the authority to the impact is simply incomprehensible. war in 1991, he sought and received go to war is not a U.N. prerogative and It is said that in our world today, only U.N. authority to push Iraqi forces out that such authority can only come 6 degrees separates each one of us from of Kuwait. He forcefully stated that from the U.S. Congress. any other person. As our Attorney Gen- this U.N. authority was adequate and Although the argument that the eral remarked, in Rhode Island, that that although a congressional resolu- United Nations cannot dictate to us distance is more like 11⁄2 degrees. Ev- tion was acceptable, it was entirely un- what is in our best interests is correct, eryone here has a connection to one of necessary and he would proceed regard- and we do have a right to pursue for- the victims and, indeed, connections less. At that time, there was no discus- eign policy unilaterally, it is ironic are being made by people all across sion regarding a congressional declara- that we are making this declaration in New England and the country. tion of war. The first Persian Gulf War, order to pursue an unpopular war that As Rhode Islanders begin the healing therefore, was clearly a U.N. political very few people or governments process, I want to express my deepest war fought within U.N. guidelines, not throughout the world support. condolences to those friends and family for U.S. security; and it was not fought But the argument for unilateralism members who lost loved ones in this through to victory. The bombings, and national sovereignty cannot be horrible fire. There are no words to sanctions, and harassment of the Iraqi made for the purpose of enforcing U.N. adequately express our profound sad- people have never stopped. We are now security resolutions. That does not ness. Please know that you are in the about to resume the act of fighting. Al- make any sense. If one wants to en- thoughts and prayers of all Americans, though this is referred to as the Second force U.N. Security Council resolu- and we will not let the lives of those 97 Persian Gulf War, it is merely a con- tions, that authority can only come sons, daughters, sisters, brothers, tinuation of a war started long ago and from the United Nations itself. We end mothers, and fathers be forgotten. is likely to continue for a long time, up with the worst of both worlds, hated As of this afternoon, 64 people remain even after Saddam Hussein is removed for our unilateralism, but still lending hospitalized, 46 of them in critical con- from power. credibility to the United Nations. dition. Mr. Speaker, I know my col- Our attitude toward the United Na- The Constitution makes it clear that leagues join me in offering our prayers tions is quite different today compared if we must counter a threat to our se- for their quick and full recovery. They to 1991. I have argued for years against curity, that authority must come from are fighting every hour, and they need our membership in the United Nations the U.S. Congress. our strength now more than ever. Our Those who believe, and many sin- because it compromises our sov- best wishes go out to them and their cerely do, that the United Nations ereignty. The U.S. has always been ex- families as they weather the tough serves a useful function, argue that ig- pected to pay an unfair percentage of days ahead. noring the United Nations at this junc- U.N. expenses. I contend that member- I would also like to express my im- ture will surely make it irrelevant. ship in the United Nations has led to mense gratitude to the incredible and Even with my opposition to the United heroic efforts of the multitude of peo- impractical military conflicts that Nations, I can hardly be pleased that ple and agencies throughout Rhode Is- were highly costly, both in lives and its irrelevancy might come about be- land and Massachusetts who have dollars, and that were rarely resolved. cause of our rush to war against a na- Our 58 years in Korea have seen 33,000 helped respond to this disaster. tion that has not aggressed against us lives lost, 100,000 casualties and over $1 The firefighters, police, and emer- nor poses any threat to us. trillion in today’s dollars spent. Korea From my viewpoint, the worst sce- gency responders who were first on the is the most outrageous example of our nario would be for the United Nations scene made a Herculean effort under fighting a U.N. war without a declara- to sanction this war, which may well unimaginable circumstances, and we tion from the U.S. Congress. And where occur if we offer enough U.S. taxpayer surely have them to thank that even are we today? On the verge of a nuclear money and Iraqi oil to the reluctant more lives were not lost. In addition, confrontation with a North Korean re- countries. If that happens, we could be over a dozen hospitals in Rhode Island gime nearly out of control. And to looking at another 58-year occupation, and Massachusetts have been caring for compound the irony, the South Kore- expanded Middle East chaos, or a dan- the patients since this tragedy, many ans are intervening in hopes of dimin- gerous spread of hostility to all of Asia of whom have made amazing progress. ishing the tensions that exist between or even further. The doctors and nurses and the support the United States and North Korea. With regard to foreign affairs, the staff of these hospitals have worked As bad as the Vietnam nightmare best advice comes from our Founders tirelessly to help nearly 200 injured vic- was, at least we left and the U.N. was and the Constitution. It is better to tims, and we are grateful for their serv- not involved. We left in defeat and promote peace and commerce with all ice. Vietnam remained a unified, Com- nations and exclude ourselves from the As usual, when tragedy strikes Rhode munist country. The results have been entangling alliances and complex, un- Island, our community has proven much more salutary. Vietnam is now workable alliances that comes from strong, resilient, and boundlessly gen- essentially non-Communist and trade our membership in the United Nations. erous. I want to recognize the work of with the West is routine. We did not countless volunteers who have put f disarm Vietnam; we never counted their own lives on hold to offer time, fi- their weapons; and so far, no one cares. REMEMBERING THE VICTIMS OF nancial resources, and the many other Peaceful relations have developed be- THE STATION NIGHTCLUB FIRE kinds of assistance and who helped in tween our two countries not by force of IN RHODE ISLAND any way that they could. Likewise, arms, but through trade and friendship. The SPEAKER pro tempore. Under a many members of our State’s business No United Nations, no war, and no in- previous order of the House, the gen- community have come forward to pro- spections served us well, even after tleman from Rhode Island (Mr. vide everything from food and shelter many decades of war and a million LANGEVIN) is recognized for 5 minutes. to transportation to those affected by deaths inflicted on the Vietnamese in Mr. LANGEVIN. Mr. Speaker, I rise this event. I would particularly like to an effort by both the French and the tonight with great sorrow and a heavy thank the Red Cross and its scores of United States to force them into com- heart to honor the victims of last volunteers and for all that they have pliance with Western demands. week’s horrific night club fire at the done to give comfort and assistance to In this new battle with Iraq, our rela- Station Night Club in West Warwick, those whose loved ones were lost or in- tionship with the United Nations and Rhode Island, that claimed 97 lives and jured. our allies is drawing a lot of attention. left 187 injured. I would also like to commend the ex- The administration now says it would In any community, that tragedy cellent response by Rhode Island’s be nice to have U.N. support, but it is would have been overwhelming; but in elected officials and State and local

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.033 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1299 agencies. Our governor, Governor rience eating-related disorders. We are tistics at the Department of Education Carcieri, has provided outstanding all aware of the medical complications and the National Center for Health leadership throughout this tragedy and that result from anorexia and bulimia: Statistics at the Department of Health shown extraordinary sensitivity to the malnutrition, liver damage, gum ero- and Human Services to conduct a joint families involved, and I have person- sion, and even death. However, an study and report to Congress on the ally heard from many of them how often-overlooked consequence of eating impact eating disorders have on edu- much they appreciate his efforts. Lieu- disorders is the negative impact they cational advancement and achieve- tenant Governor Charles Fogarty and have on a child’s educational achieve- ment. Major General Reginald Centracchio, ment. Students with eating disorders The study will evaluate the extent to as cochairs of the Management Advi- often see their school performance de- which students with eating disorders sory Council, have also played a crucial cline due to lapses in concentration, are more likely to miss school, have role in this crisis, and the Rhode Island loss of self-esteem, depression, and en- delayed rates of development, or re- Emergency Management Agency has gaging in self-destructive behaviors. duce cognitive skills. The study will impressively and effectively coordi- Listen to how one young woman in also outline current State and local nated a myriad of State and local ac- our district describes the destruction programs to educate youth about the tivities. done to her life by an eating disorder: dangers of eating disorders, as well as I would also like to thank my col- ‘‘I am a 16-year-old with anorexia. Hav- evaluate the value of such programs. league, the gentleman from Rhode Is- ing this disease has been the most hor- The third and final piece of this legis- land (Mr. PATRICK KENNEDY), for his as- rible experience of my life. It com- lation calls for the Department of Edu- sistance, his friendship, and his support pletely takes control of your life. It cation and Health and Human Services over the past several days, and Rhode breaks up your family, friends, and to carry out a national eating disorders Island’s senior Senator, JACK REED, your actual thinking decisions. I have public awareness campaign. This cam- and Senator LINCOLN CHAFEE for their had this disorder for over a year and a paign will be similar to the antidrug tremendous efforts and leadership. half. Over that year and a half I have campaign now being run by the Office been slowly killing myself.’’ of National Drug Control Policy. b 1930 Despite the social and physical dev- Mr. Speaker, there is no easy solu- Finally, I want to express my great astation that these diseases inflict on tion to the problem of eating disorders. appreciation for the assistance of sev- young people such as this girl, very few They present a serious threat to the eral Federal agencies, including FEMA, States or school districts have ade- health and educational advancement of Social Security, the Small Business quate programs or services to help chil- our Nation’s children. They must be Administration, the Department of dren suffering from weight-related dis- addressed. Health and Human Services, and the orders. It is not that educators or par- The Eating Disorders Awareness, Bureau of Alcohol, Tobacco, and Fire- ents do not realize the problems caused Prevention and Education Act gives arms. Their involvement has been crit- by bulimia or binge-eating or are un- States, local school districts, and par- ical, and I look forward to working able to identify affected students; in ents the tools needed to address this with them further in the days and many cases, they either do not know problem at its root: in schools and weeks to come. how to respond to the problem or are classrooms across America. At the Mr. Speaker, in closing, allow me to without the resources to help educate same time, it continues the principle of offer these final thoughts. our youth about the dangers of eating local control of education, makes good For those that have lost their lives, disorders. use of limited Federal resources, and we can only take comfort that they are It is for this reason that I am intro- increases educational opportunities for now in a better place. For those that ducing the Eating Disorders Aware- this group of at-risk children. fight hour to hour, we pray for their re- ness, Prevention and Education Act of Let me close by quoting another covery. For the families and friends 2003. This legislation has three parts young woman from my district strug- who have lost loved ones, we offer our which together are designed to raise gling with an eating disorder. After de- shoulders to lean on in their time of awareness nationally of the problems scribing her tragic battle with ano- need. For all Rhode Islanders and our caused by eating disorders, and to ex- rexia, she closed her letter by saying fellow citizens across the country, it is pand opportunities for parents and edu- this: ‘‘I really hope that you now real- our time to provide strength, comfort, cators to address them at the school ize how important it is to have some and assistance to those who need it, level. This last goal is particularly im- awareness and programs in schools and do whatever it takes to ensure that portant as 86 percent of the affected in- about eating disorders.’’ such a tragedy never befalls any com- dividuals develop their eating disorders I do understand, Mr. Speaker, and munity such as this again. before the age 20. hope my colleagues will join me in sup- f Here is a quick summary of what the porting this much needed legislation. Eating Disorders Awareness, Preven- IN SUPPORT OF THE EATING DIS- f tion and Education Act will do: ORDERS AWARENESS, PREVEN- The SPEAKER pro tempore. Under a First, the legislation provides States previous order of the House, the gen- TION AND EDUCATION ACT OF and local school districts with the op- 2003 tleman from Ohio (Mr. STRICKLAND) is tion of using title V funds to set up recognized for 5 minutes. The SPEAKER pro tempore (Mr. eating disorder prevention, awareness (Mr. STRICKLAND addressed the BEAUPREZ). Under a previous order of and education programs. Under the No House. His remarks will appear here- the House, the gentlewoman from Illi- Child Left Behind Act, title V funds after in the Extensions of Remarks.) nois (Mrs. BIGGERT) is recognized for 5 can be used for nine specific activities f minutes. to improve the academic outcome of Mrs. BIGGERT. Mr. Speaker, food is students. This legislation would make PUBLICATION OF THE RULES OF one of life’s greatest pleasures. Food is eating disorders awareness, education THE COMMITTEE ON INTER- also one of life’s greatest necessities. and prevention the tenth allowable use. NATIONAL RELATIONS 108TH Yet, for many, food is an enemy and Because this legislation expands CONGRESS the act of eating is torture. what States and school districts can do The SPEAKER pro tempore. Under a An estimated 5 million to 10 million with funds they already receive, it al- previous order of the House, the gen- Americans suffer from eating-related lows us to help vulnerable students tleman from Illinois (Mr. HYDE) is rec- diseases, including anorexia, bulimia, without increasing the Federal Govern- ognized for 5 minutes. and binge-eating disorders. As many as ment’s involvement in local education Mr. HYDE. Mr. Speaker, the Committee on 50,000 of those affected will die as a di- matters or creating a new Federal pro- International Relations has adopted written rect result of these disorders. gram. rules governing its procedure. Pursuant to Young women are the most common The second major provision of this Rule XI, clause 2, I am hereby submitting victims of these deadly diseases, but a bill ties in with the first. It requires them for publication in the CONGRESSIONAL significant number of males also expe- the National Center for Education Sta- RECORD.

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\K25FE7.034 H25PT1 H1300 CONGRESSIONAL RECORD — HOUSE February 25, 2003 RULES OF THE COMMITTEE ON INTER- which has been closed to the public. This section vote to close one (1) subsequent day NATIONAL RELATIONS 108TH CON- subsection does not apply to open Committee of hearing. GRESS hearings which are provided for by sub- (5) No congressional staff shall be present RULE 1. GENERAL PROVISIONS section (b) of this rule. at any meeting or hearing of the Committee (2) The chairman may postpone further or a subcommittee that has been closed to The Rules of the House of Representatives, proceedings when a record vote is ordered on the public, and at which classified informa- and in particular, the committee rules enu- the question of approving any measure or tion will be involved, unless such person is merated in clause 2 of Rule XI, are the rules matter, or adopting an amendment. The authorized access to such classified informa- of the Committee on International Relations Chairman may resume proceedings on a post- tion in accordance with Rule 20. (hereafter referred to as the ‘‘Committee’’), poned request at any time. When exercising to the extent applicable. A motion to recess RULE 5. ANNOUNCEMENT OF HEARINGS AND postponement authority, the Chairman shall from day to day, and a motion to dispense MARKUPS take all reasonable steps necessary to notify with the first reading (in full) of a bill or res- Public announcement shall be made of the Members on the resumption of proceedings olution, if printed copies are available, is a date, place, and subject matter of any hear- on any postponed record vote. When pro- privileged non-debatable motion in Com- ing or markup to be conducted by the Com- ceedings resume on a postponed question, mittee. mittee or a subcommittee at the earliest notwithstanding any intervening order for The Chairman of the Committee on Inter- possible date, and in any event at least one the previous question, an underlying propo- national Relations (hereinafter referred to as (1) week before the commencement of that sition shall remain subject to further debate the ‘‘Chairman’’) shall consult the Ranking hearing or markup unless the Committee or or amendment to the same extent as when Minority Member to the extent possible with subcommittee determines that there is good the question was postponed. respect to the business of the Committee. cause to begin that meeting at an earlier Each subcommittee of the Committee is a (b) HEARINGS date, in consultation with the Ranking Mi- part of the Committee and is subject to the (1) Each hearing conducted by the Com- nority Member of the Committee or sub- authority and direction of the Committee mittee or a subcommittee shall be open to committee, as the case may be. Such deter- and to its rules, to the extent applicable. the public except when the Committee or mination may be made with respect to any RULE 2. DATE OF MEETING subcommittee, in open session and with a markup by the Chairman or subcommittee majority present, determines by record vote chairman, as appropriate. Such determina- The regular meeting date of the Com- that all or part of the remainder of that tion may be made with respect to any hear- mittee shall be the first Tuesday of every hearing on that day should be closed to the ing of the Committee or of a subcommittee month when the House of Representatives is public because disclosure of testimony, evi- by its Chairman, with the concurrence of its in session pursuant to clause 2(b) of Rule XI dence or other matters to be considered Ranking Minority Member, or by the Com- of the House of Representatives. Additional would endanger the national security, would mittee or subcommittee by majority vote, a meetings may be called by the Chairman as compromise sensitive law enforcement infor- quorum being present for the transaction of he may deem necessary or at the request of mation, or otherwise would violate any law business. a majority of the Members of the Committee or rule of the House of Representatives. Not- Public announcement of all hearings and in accordance with clause 2(c) of Rule XI of withstanding the preceding sentence, a ma- markups shall be published in the Daily Di- the House of Representatives. jority of those present, there being in at- gest portion of the Congressional Record. The determination of the business to be tendance the requisite number required Members shall be notified by the Chief of considered at each meeting shall be made by under the rules of the Committee to be Staff of all meetings (including markups and the Chairman subject to clause 2(c) of Rule present for the purpose of taking testi- hearings) and briefings of subcommittees XI of the House of Representatives. mony— and of the full Committee. A regularly scheduled meeting need not be (A) may vote to close the hearing for the The agenda for each Committee and sub- held if, in the judgment of the Chairman, sole purpose of discussing whether testimony committee meeting, setting out all items of there is no business to be considered. or evidence to be received would endanger business to be considered, including when- RULE 3. QUORUM the national security, would compromise ever possible a copy of any bill or other doc- For purposes of taking testimony and re- sensitive law enforcement information, or ument scheduled for markup, shall be fur- ceiving evidence, two Members shall con- violate paragraph (2) of this subsection; or nished to each Committee or subcommittee stitute a quorum. (B) may vote to close the hearing, as pro- Member by delivery to the Member’s office One-third of the Members of the Com- vided in paragraph (2) of this subsection. at least 24 hours (excluding Saturdays, Sun- mittee shall constitute a quorum for taking (2) Whenever it is asserted by a member of days, and legal holidays) before the meeting. any action, except: (1) reporting a measure the Committee that the evidence or testi- Bills or subjects not listed on such agenda or recommendation; (2) closing Committee mony at a hearing may tend to defame, de- shall be subject to a point of order unless meetings and hearings to the public; (3) au- grade, or incriminate any person, or it is as- their consideration is agreed to by a two- thorizing the issuance of subpoenas; and (4) serted by a witness that the evidence or tes- thirds vote of the Committee or sub- any other action for which an actual major- timony that the witness would give at a committee or by the Chairman and Ranking ity quorum is required by any rule of the hearing may tend to defame, degrade, or in- Minority Member of the Committee or sub- House of Representatives or by law. criminate the witness— committee. (A) such testimony or evidence shall be No measure or recommendation shall be RULE 6. WITNESSES reported to the House of Representatives un- presented in executive session, notwith- (a) Interrogation of Witnesses less a majority of the Committee is actually standing the provisions of paragraph (1) of present. this subsection, if by a majority of those (1) Insofar as practicable, witnesses shall A record vote may be demanded by one- present, there being in attendance the req- be permitted to present their oral state- fifth of the Members present or, in the appar- uisite number required under the rules of the ments without interruption subject to rea- ent absence of a quorum, by any one Mem- Committee to be present for the purpose of sonable time constraints imposed by the ber. taking testimony, the Committee or sub- Chairman, with questioning by the Com- committee determines that such evidence or mittee Members taking place afterward. RULE 4. MEETINGS AND HEARINGS OPEN TO THE testimony may tend to defame, degrade, or Members should refrain from questions until PUBLIC incriminate any person; and such statements are completed. (a) MEETINGS (B) the Committee or subcommittee shall (2) In recognizing Members, the Chairman (1) Each meeting for the transaction of proceed to receive such testimony in open shall, to the extent practicable, give pref- business, including the markup of legisla- session only if the Committee, a majority erence to the Members on the basis of their tion, of the Committee or a subcommittee being present, determines that such evidence arrival at the hearing, taking into consider- shall be open to the public except when the or testimony will not tend to defame, de- ation the majority and minority ratio of the Committee or subcommittee, in open session grade, or incriminate any person. Members actually present. A Member desir- and with a majority present, determines by (3) No Member of the House of Representa- ing to speak or ask a question shall address record vote that all or part of the remainder tives may be excluded from nonparticipatory the Chairman and not the witness. of the meeting on that day shall be closed to attendance at any hearing of the Committee (3) Subject to paragraph (4), each Member the public, because disclosure of matters to or a subcommittee unless the House of Rep- may interrogate the witness for 5 minutes, be considered would endanger national secu- resentatives has by majority vote authorized the reply of the witness being included in the rity, would compromise sensitive law en- the Committee or subcommittee, for pur- 5-minute period. After all Members have had forcement information, or would tend to de- poses of a particular series of hearings, on a an opportunity to ask questions, the round fame, degrade or incriminate any person or particular article of legislation or on a par- shall begin again under the 5-minute rule. otherwise violate any law or rule of the ticular subject of investigation, to close its (4) Notwithstanding paragraph (3), the House of Representatives. No person other hearings to Members by the same procedures Chairman, with the concurrence of the than Members of the Committee and such designated in this subsection for closing Ranking Minority Member, may permit one congressional staff and departmental rep- hearings to the public. (1) or more majority members of the Com- resentatives as they may authorize shall be (4) The Committee or a subcommittee may mittee designated by the Chairman to ques- present at any business or markup session by the procedure designated in this sub- tion a witness for a specified period of not

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.048 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1301 longer than 30 minutes. On such occasions, Any information supplied for the record at number of votes cast for and against, and the an equal number of minority Members of the the request of a Member of the Committee names of those members voting for and Committee designated by the Ranking Mi- shall be provided to the Member when re- against, shall be included in any Committee nority Member shall be permitted to ques- ceived by the Committee. report on the measure or matter. tion the same witness for the same period of Transcripts of hearings and markup ses- (b) Prior approval of certain reports time. Committee staff may be permitted to sions (except for the record of a meeting or No Committee, subcommittee, or staff re- question a witness for equal specified periods hearing which is closed to the public) shall port, study, or other document which pur- either with the concurrence of the Chairman be printed as soon as is practicable after re- ports to express publicly the views, findings, and Ranking Minority Member or by motion. ceipt of the corrected versions, except that conclusions, or recommendations of the However, in no case may questioning by the Chairman may order the transcript of a Committee or a subcommittee may be re- Committee staff proceed before each Member hearing to be printed without the correc- leased to the public or filed with the Clerk of of the Committee who wishes to speak under tions of a Member or witness if the Chairman the House unless approved by a majority of the 5-minute rule has had one opportunity to determines that such Member or witness has the Committee or subcommittee, as appro- do so. been afforded a reasonable time to correct priate. A proposed investigative or oversight (b) Statements of Witnesses such transcript and such transcript has not report shall be considered as read if it has Each witness who is to appear before the been returned within such time. been available to members of the Committee Committee or a subcommittee is required to The records of the Committee at the Na- for at least 24 hours (excluding Saturdays, file with the clerk of the Committee, at least tional Archives and Records Administration Sundays, or legal holidays except when the two (2) working days in advance of his or her shall be made available for public use in ac- House is in session on such a day). In any appearance, sufficient copies, as determined cordance with Rule VII of the House of Rep- case in which clause 2(l) of Rule XI and by the Chairman of the Committee or sub- resentatives. The Chairman shall notify the clause 3(a)(1) of Rule XIII of the House of committee, of his or her proposed testimony Ranking Minority Member of any decision, Representatives does not apply, each Mem- to provide to Members and staff of the Com- pursuant to clause 3(b)(3) or clause 4(b) of ber of the Committee or subcommittee shall mittee or subcommittee, the news media, the rule, to withhold a record otherwise be given an opportunity to have views or a and the general public. The witness shall available, and the matter shall be presented disclaimer included as part of the material limit his or her oral presentation to a brief to the Committee for a determination on the filed or released, as the case may be. summary of his or her testimony. In the case written request of any member of the Com- (c) Foreign travel reports of a witness appearing in a nongovernmental mittee. capacity, a written statement of proposed The Committee shall, to the maximum ex- At the same time that the report required testimony shall, to the extent practicable, tent feasible, make its publications available by clause 8(b)(3) of Rule X of the House of include a curriculum vitae and a disclosure in electronic form. Representatives, regarding foreign travel re- ports, is submitted to the Chairman, Mem- of the amount and source (by agency and RULE 8. EXTRANEOUS MATERIAL IN COMMITTEE bers and employees of the committee shall program) of any Federal grant (or subgrant HEARINGS thereof) or contract (or subcontract thereof) provide a report to the Chairman listing all No extraneous material shall be printed in received during the current fiscal year or ei- official meetings, interviews, inspection either the body or appendices of any Com- ther of the two previous fiscal years by the tours and other official functions in which mittee or subcommittee hearing, except witness or by an entity represented by the the individual participated, by country and matter which has been accepted for inclusion witness, to the extent that such information date. Under extraordinary circumstances, in the record during the hearing or by agree- is relevant to the subject matter of, and the the Chairman may waive the listing in such ment of the Chairman and Ranking Minority witness’ representational capacity at, the report of an official meeting, interview, in- Member of the Committee or subcommittee hearing. spection tour, or other official function. The To the extent practicable, each witness within five calendar days of the hearing. report shall be maintained in the full com- should provide the text of his or her proposed Copies of bills and other legislation under mittee offices and shall be available for pub- testimony in machine-readable form, along consideration and responses to written ques- lic inspection during normal business hours. tions submitted by Members shall not be with any attachments and appendix mate- RULE 12. REPORTING BILLS AND RESOLUTIONS considered extraneous material. rials. Except in unusual circumstances, bills and Extraneous material in either the body or The Committee or subcommittee shall no- resolutions will not be considered by the appendices of any hearing to be printed tify Members at least two working days in Committee unless and until the appropriate which would be in excess of eight (8) printed advance of a hearing of the availability of subcommittee has recommended the bill or pages (for any one submission) shall be ac- testimony submitted by witnesses. resolution for Committee action, and will companied by a written request to the Chair- The requirements of this subsection or any not be taken to the House of Representatives man, such written request to contain an esti- part thereof may be waived by the Chairman for action unless and until the Committee mate in writing from the Public Printer of or Ranking Minority Member of the Com- has ordered reported such bill or resolution, the probable cost of publishing such mate- mittee or subcommittee, or the presiding a quorum being present. rial. Member, provided that the witness or the Except in unusual circumstances, a bill or Chairman or Ranking Minority Member has RULE 9. PUBLIC AVAILABILITY OF COMMITTEE resolution originating in the House of Rep- submitted, prior to the witness’s appearance, VOTES resentatives that contains exclusively find- a written explanation as to the reasons testi- The result of each record vote in any meet- ings and policy declarations or expressions of mony has not been made available to the ing of the Committee shall be made available the sense of the House of Representatives or Committee or subcommittee. In the event a for inspection by the public at reasonable the sense of the Congress shall not be consid- witness submits neither his or her testimony times at the Committee offices. Such result ered by the Committee or a subcommittee at least two working days in advance of his shall include a description of the amend- unless such bill or resolution has at least 25 or her appearance nor has a written expla- ment, motion, order, or other proposition, House co-sponsors, at least ten of whom are nation been submitted as to prior avail- the name of each Member voting for and members of the Committee. ability, the witness shall be released from against, and the Members present but not For purposes of this Rule, unusual cir- testifying unless a majority of the Com- voting. cumstances will be determined by the Chair- mittee or subcommittee votes to accept his RULE 10. PROXIES man, after consultation with the Ranking or her testimony. Minority Member and such other Members of Proxy voting is not permitted in the Com- (c) Oaths the Committee as the Chairman deems ap- mittee or in subcommittees. The Chairman, or any Member of the Com- propriate. RULE 11. REPORTS mittee designated by the Chairman, may ad- RULE 13. STAFF SERVICES minister oaths to witnesses before the Com- (a) Reports on bills and resolutions (a) The Committee staff shall be selected mittee. To the extent practicable, not later than 24 and organized so that it can provide a com- RULE 7. PREPARATION AND MAINTENANCE OF hours before a report is to be filed with the prehensive range of professional services in COMMITTEE RECORDS Clerk of the House on a measure that has the field of foreign affairs to the Committee, An accurate stenographic record shall be been ordered reported by the Committee, the the subcommittees, and all its Members. The made of all hearings and markup sessions. Chairman shall make available for inspec- staff shall include persons with training and Members of the Committee and any witness tion by all Members of the Committee a copy experience in international relations, mak- may examine the transcript of his or her own of the draft committee report in order to af- ing available to the Committee individuals remarks and may make any grammatical or ford Members adequate information and the with knowledge of major countries, areas, technical changes that do not substantively opportunity to draft and file any supple- and U.S. overseas programs and operations. alter the record. Any such Member or wit- mental, minority or additional views which (b) Subject to clause 9 of Rule X of the ness shall return the transcript to the Com- they may deem appropriate. House of Representatives, the staff of the mittee offices within five (5) calendar days With respect to each record vote on a mo- Committee, except as provided in paragraph (not including Saturdays, Sundays, and legal tion to report any measure or matter of a (c), shall be appointed, and may be removed, holidays) after receipt of the transcript, or public character, and on any amendment of- by the Chairman with the approval of the as soon thereafter as is practicable. fered to the measure or matter, the total majority of the majority Members of the

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.050 H25PT1 H1302 CONGRESSIONAL RECORD — HOUSE February 25, 2003 Committee. Their remuneration shall be sight and legislative responsibilities over the to the full Committee on all matters referred fixed by the Chairman, and they shall work United States’ efforts to manage and coordi- to it. Subcommittee chairmen shall set under the general supervision and direction nate international programs to combat ter- meeting dates after consultation with the of the Chairman. Staff assignments are to be rorism as coordinated by the Department of Chairman, other subcommittee chairmen, authorized by the Chairman or by the Chief State and other agencies, including diplo- and other appropriate Members, with a view of Staff under the direction of the Chairman. matic, economic, and military assistance towards minimizing scheduling conflicts. It (c) Subject to clause 9 of Rule X of the programs in areas designed to prevent ter- shall be the practice of the Committee that House of Representatives, the staff of the rorism, and efforts intended to identify, ar- meetings of subcommittees not be scheduled Committee assigned to the minority shall be rest, and bring international terrorists to to occur simultaneously with meetings of appointed, their remuneration determined, justice. Oversight of, and (to the degree ap- the full Committee. and may be removed, by the Ranking Minor- plicable to matters outside the Foreign As- In order to ensure orderly administration ity Member with the approval of the major- sistance Act, the Arms Export Control Act, and fair assignment of hearing and meeting ity of the minority party Members of the the Export Administration Act, sanctions rooms, the subject, time, and location of Committee. No minority staff person shall be laws pertaining to individual countries and hearings and meetings shall be arranged in compensated at a rate which exceeds that the provision of foreign assistance) legisla- advance with the Chairman through the paid his or her majority staff counterpart. tion pertaining to: nonproliferation includ- Chief of Staff of the Committee. Such staff shall work under the general su- ing matters relating to arms transfer policy; The Chairman of the full Committee shall pervision and direction of the Ranking Mi- export control policy including the transfer designate a Member of the majority party on nority Member with the approval or con- of dual use equipment and technology; mat- each subcommittee as its vice chairman. sultation of the minority Members of the ters involving nuclear, chemical, biological The Chairman and the Ranking Minority committee. and other weapons of mass destruction; leg- Member may attend the meetings and par- (d) The Chairman shall ensure that suffi- islation aimed at the promotion of sanctions ticipate in the activities of all subcommit- cient staff is made available to each sub- and other nonproliferation matters gen- tees of which they are not members, except committee to carry out its responsibilities erally. Oversight of, and (to the degree appli- that they may not vote or be counted for a under the rules of the Committee. The Chair- cable to matters outside the Foreign Assist- quorum in such subcommittees. man shall ensure that the minority party is ance Act, the Arms Export Control Act, the RULE 16. REFERRAL OF BILLS BY CHAIRMAN fairly treated in the appointment of such Export Administration Act, and the provi- In accordance with Rule 14 of the Com- staff. sion of foreign assistance) legislation per- mittee and to the extent practicable, all leg- RULE 14. NUMBER AND JURISDICTION OF taining to, implementation of the Universal islation and other matters referred to the SUBCOMMITTEES Declaration of Human Rights, and other Committee shall be referred by the Chair- matters relating to internationally-recog- man to a subcommittee of primary jurisdic- (a) Full committee nized human rights, including sanctions leg- tion within two (2) weeks. In accordance The full Committee will be responsible for islation aimed at the promotion of human with Rule 14 of the Committee, legislation oversight and legislation relating to: foreign rights and democracy generally. may also be concurrently referred to addi- assistance (including development assist- 2. Regional Subcommittees tional subcommittees for consideration. Un- ance, security assistance, and Public Law 480 There shall be five subcommittees with re- less otherwise directed by the Chairman, programs abroad) or relating to the Peace gional jurisdiction: the Subcommittee on such subcommittees shall act on or be dis- Corps; national security developments af- Europe; the Subcommittee on the Middle charged from consideration of legislation fecting foreign policy; strategic planning and East and Central Asia; the Subcommittee on that has been approved by the subcommittee agreements; war powers, treaties, executive the Western Hemisphere; the Subcommittee of primary jurisdiction within two (2) weeks agreements, and the deployment and use of on Africa; and the Subcommittee on Asia of such action. In referring any legislation to United States Armed Forces; peacekeeping, and the Pacific. a subcommittee, the Chairman may specify a peace enforcement, and enforcement of The regional subcommittees shall have ju- date by which the subcommittee shall report United Nations or other international sanc- risdiction over the following within their re- thereon to the full Committee. tions; arms control and disarmament issues; spective regions: Subcommittees with regional jurisdiction the Agency for International Development; (1) Matters affecting the political relations shall have primary jurisdiction over legisla- activities and policies of the State, Com- between the United States and other coun- tion regarding human rights practices in merce and Defense Departments and other tries and regions, including resolutions or particular countries within the region. The agencies related to the Arms Export Control other legislative measures directed to such Subcommittee on International Terrorism, Act, the Export Administration Act, and the relations. Nonproliferation and Human Rights shall Foreign Assistance Act including export and (2) Legislation with respect to disaster as- have additional jurisdiction over such legis- licensing policy for munitions items and sistance outside the Foreign Assistance Act, lation. technology and dual-use equipment and tech- boundary issues, and international claims. The Chairman may designate a sub- nology, and other matters related to inter- (3) Legislation with respect to region- or committee chairman or other Member to national economic policy and trade; inter- country-specific loans or other financial re- take responsibility as manager of a bill or national law; promotion of democracy; inter- lations outside the Foreign Assistance Act. resolution during its consideration in the national law enforcement issues, including (4) Resolutions of disapproval under sec- House of Representatives. tion 36(b) of the Arms Export Control Act, terrorism and narcotics control programs RULE 17. PARTY RATIOS ON SUBCOMMITTEES AND with respect to foreign military sales. and activities; Department of State, Broad- CONFERENCE COMMITTEES casting Board of Governors, Overseas Private (5) Legislation and oversight regarding human rights practices in particular coun- The majority party caucus of the Com- Investment Corporation, Trade and Develop- mittee shall determine an appropriate ratio ment Agency, and related agency operations; tries. (6) Oversight of regional lending institu- of majority to minority party Members for the diplomatic service; international edu- each subcommittee. Party representation on cation and cultural affairs; embassy security tions. (7) Oversight of matters related to the re- each subcommittee or conference committee and foreign buildings; the United Nations, its gional activities of the United Nations, of its shall be no less favorable to the majority affiliated agencies, and other international affiliated agencies, and of other multilateral party than the ratio for the full Committee. organizations; parliamentary conferences institutions. The Chairman and the Ranking Minority and exchanges; protection of American citi- (8) Identification and development of op- Member are authorized to negotiate matters zens abroad; international broadcasting; tions for meeting future problems and issues affecting such ratios including the size of international communication and informa- relating to U.S. interests in the region. subcommittees and conference committees. tion policy; the American Red Cross; inter- (9) Base rights and other facilities access RULE 18. SUBCOMMITTEE FUNDING AND RECORDS national population planning and child sur- agreements and regional security pacts. (a) Each subcommittee shall have adequate vival activities; and all other matters not (10) Oversight of matters relating to par- specifically assigned to a subcommittee. The funds to discharge its responsibility for leg- liamentary conferences and exchanges in- islation and oversight. full Committee may conduct oversight with volving the region. respect to any matter within the jurisdiction (b) In order to facilitate Committee com- (11) Concurrent oversight jurisdiction with pliance with clause 2(e)(1) of Rule XI of the of the Committee as defined in the Rules of respect to matters assigned to the functional the House of Representatives. House of Representatives, each sub- subcommittees insofar as they may affect committee shall keep a complete record of (b) Subcommittees the region. all subcommittee actions which shall include There shall be six (6) standing subcommit- (12) Oversight of all foreign assistance ac- a record of the votes on any question on tees. The names and jurisdiction of those tivities affecting the region. which a record vote is demanded. The result (13) Such other matters as the Chairman of subcommittees shall be as follows: of each record vote shall be promptly made the full Committee may determine. 1. Functional Subcommittee available to the full Committee for inspec- There shall be one subcommittee with RULE 15. POWERS AND DUTIES OF tion by the public in accordance with Rule 9 functional jurisdiction: SUBCOMMITTEES of the Committee. Subcommittee on International Terrorism, Each subcommittee is authorized to meet, (c) All subcommittee hearings, records, Nonproliferation and Human Rights.—Over- hold hearings, receive evidence, and report data, charts, and files shall be kept distinct

VerDate Jan 31 2003 05:58 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.052 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1303 from the congressional office records of the moval of such information from the Com- number of television and still cameras per- Member serving as chairman of the sub- mittee offices shall be only with the permis- mitted in a hearing or meeting room, but committee. Subcommittee records shall be sion of the Chairman under procedures de- shall not limit the number of television or coordinated with the records of the full Com- signed to ensure the safe handling and stor- still cameras to fewer than two (2) represent- mittee, shall be the property of the House, age of such information at all times. Except atives from each medium. and all Members of the House shall have ac- as provided in this paragraph, top secret ma- Such coverage shall be in accordance with cess thereto. terials may not be taken from the SCIF for the following requirements contained in Sec- tion 116(b) of the Legislative Reorganization RULE 19. MEETINGS OF SUBCOMMITTEE any purpose, except that such materials may Act of 1970, and clause 4 of Rule XI of the CHAIRMEN be taken to hearings and other meetings that are being conducted at the top secret Rules of the House of Representatives: The Chairman shall call a meeting of the level when necessary. Top secret materials (a) If the television or radio coverage of subcommittee chairmen on a regular basis may otherwise be used under conditions ap- the hearing or meeting is to be presented to not less frequently than once a month. Such proved by the Chairman after consultation the public as live coverage, that coverage a meeting need not be held if there is no with the Ranking Minority Member. shall be conducted and presented without business to conduct. It shall be the practice Notice.—Appropriate notice of the receipt commercial sponsorship. at such meetings to review the current agen- of classified documents received by the Com- (b) No witness served with a subpoena by da and activities of each of the subcommit- mittee from the executive branch will be the Committee shall be required against his tees. sent promptly to Committee Members will to be photographed at any hearing or to RULE 20. ACCESS TO CLASSIFIED INFORMATION through the Survey of Activities or by other give evidence or testimony while the broad- casting of that hearing, by radio or tele- Authorized persons.—In accordance with means. vision is being conducted. At the request of the stipulations of the Rules of the House of Access.—Except as provided for above, ac- any such witness who does not wish to be Representatives, all Members of the House cess to materials classified top secret or oth- subjected to radio, television, or still photog- who have executed the oath required by erwise restricted held by the Committee will raphy coverage, all lenses shall be covered be in the SCIF. The following procedures will clause 13 of Rule XXIII of the House of Rep- and all microphones used for coverage turned be observed: resentatives shall be authorized to have ac- off. This subparagraph is supplementary to cess to classified information within the pos- (a) Authorized or designated persons will be admitted to the SCIF after inquiring of clause 2(k)(5) of Rule XI of the Rules of the session of the Committee. House of Representatives relating to the pro- Members of the Committee staff shall be the Chief of Staff or an assigned staff mem- ber. Access to the SCIF will be afforded dur- tection of the rights of witnesses. considered authorized to have access to clas- (c) The allocation among cameras per- ing regular Committee hours. sified information within the possession of mitted by the Chairman or subcommittee (b) Authorized or designated persons will the Committee when they have the proper chairman in a hearing room shall be in ac- be required to identify themselves, to iden- security clearances, when they have exe- cordance with fair and equitable procedures tify the documents or information they wish cuted the oath required by clause 13 of Rule devised by the Executive Committee of the to view, and to sign the Classified Materials XXIII of the House of Representatives, and Radio and Television Correspondents’ Gal- when they have a demonstrable need to Log, which is kept with the classified infor- leries. know. The decision on whether a given staff mation. (d) Television cameras shall be placed so as member has a need to know will be made on (c) The assigned staff member will be re- not to obstruct in any way the space between the following basis: sponsible for maintaining a log which identi- any witness giving evidence or testimony (a) In the case of the full Committee ma- fies (1) authorized and designated persons and Member of the Committee or its sub- jority staff, by the Chairman, acting through seeking access, (2) the classified information committees or the visibility of that witness the Chief of Staff; requested, and (3) the time of arrival and de- and that Member to each other. (b) In the case of the full Committee mi- parture of such persons. The assigned staff (e) Television cameras shall operate from nority staff, by the Ranking Minority Mem- member will also assure that the classified fixed positions but shall not be placed in po- ber of the committee, acting through the Mi- materials are returned to the proper loca- sitions which obstruct unnecessarily the cov- nority Chief of Staff; tion. erage of the hearing by the other media. (c) In the case of subcommittee majority (d) The Classified Materials log will con- (f) Equipment necessary for coverage by staff, by the Chairman of the subcommittee; tain a statement acknowledged by the signa- the television and radio media shall not be (d) In the case of the subcommittee minor- ture of the authorized or designated person installed in, or removed from, the hearing or ity staff, by the Ranking Minority Member that he or she has read the Committee rules meeting room while the Committee or sub- of the subcommittee. and will abide by them. committee is in session. No other individuals shall be considered Divulgence.—Classified information pro- (g) Floodlights, spotlights, strobe lights, authorized persons, unless so designated by vided to the Committee by the executive and flashguns shall not be used in providing the Chairman. branch shall be handled in accordance with any method of coverage of the hearing or Designated persons.—Each Committee the procedures that apply within the execu- meeting, except that the television media Member is permitted to designate one mem- tive branch for the protection of such infor- may install additional lighting in the hear- ber of his or her staff as having the right of mation. Any classified information to which ing room, without cost to the Government, access to information classified confidential. access has been gained through the Com- in order to raise the ambient lighting level Such designated persons must have the prop- mittee may not be divulged to any unauthor- in the hearing room to the lowest level nec- er security clearance, have executed the oath ized person. Classified material shall not be essary to provide adequate television cov- required by clause 13 of Rule XXIII of the photocopied or otherwise reproduced without erage of the hearing or meeting at the cur- House of Representatives, and have a need to the authorization of the Chief of Staff. In no rent state-of-the-art level of television cov- know as determined by his or her principal. event shall classified information be dis- erage. (h) In the allocation of the number of still Upon request of a Committee Member in spe- cussed over a non-secure telephone. Appar- photographers permitted by the Chairman or cific instances, a designated person also ent violations of this rule should be reported subcommittee chairman in a hearing or shall be permitted access to information as promptly as possible to the Chairman for meeting room, preference shall be given to classified secret which has been furnished to appropriate action. photographers from Associated Press Photos, the Committee pursuant to section 36 of the Other regulations.—The Chairman, after consultation with the Ranking Minority United Press International News pictures, Arms Export Control Act, as amended. Upon and Reuters. If requests are made by more of the written request of a Committee Member Member, may establish such additional regu- lations and procedures as in his judgment the media than will be permitted by the and with the approval of the Chairman in Chairman or subcommittee chairman for specific instances, a designated person may may be necessary to safeguard classified in- formation under the control of the Com- coverage of the hearing or meeting by still be permitted access to other classified mate- photography, that coverage shall be made on rials. Designation of a staff person shall be mittee. Members of the Committee will be given notice of any such regulations and pro- the basis of a fair and equitable pool ar- by letter from the Committee Member to the rangement devised by the Standing Com- Chairman. cedures promptly. They may be modified or waived in any or all particulars by a major- mittee of Press Photographers. Location.—Classified information will be (i) Photographers shall not position them- ity vote of the full Committee. stored in secure safes in the Committee selves, at any time during the course of the rooms. All materials classified top secret RULE 21. BROADCASTING OF COMMITTEE hearing or meeting, between the witness must be stored in a Secure Compartmen- HEARINGS AND MEETINGS table and the Members of the Committee or talized Information Facility (SCIF). All Committee and subcommittee meet- its subcommittees. Handling.—Materials classified confiden- ings or hearings which are open to the public (j) Photographers shall not place them- tial or secret may be taken from Committee may be covered, in whole or in part, by tele- selves in positions which obstruct unneces- offices to other Committee offices and hear- vision broadcast, radio broadcast, and still sarily the coverage of the hearing by the ing rooms by Members of the Committee and photography, or by any such methods of cov- other media. authorized Committee staff in connection erage in accordance with the provisions of (k) Personnel providing coverage by the with hearings and briefings of the Com- clause 3 of House rule XI. television and radio media shall be then cur- mittee or its Subcommittees for which such The Chairman or subcommittee chairman rently accredited to the Radio and Tele- information is deemed to be essential. Re- shall determine, in his or her discretion, the vision Correspondents’ Galleries.

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.054 H25PT1 H1304 CONGRESSIONAL RECORD — HOUSE February 25, 2003 (l) Personnel providing coverage by still For Susan B. Anthony and her col- mocracy to confront force with force as photography shall be then currently accred- leagues in the 19th century, promoting a last resort. We may well be come ited to the Press Photographers’ Gallery women’s rights and promoting the dig- upon such a time again, Mr. Speaker. Committee of Press Photographers. nity of women also meant opposing the We are hearing a great deal in the na- (m) Personnel providing coverage by the tional media about what the facts are television and radio media and by still pho- evil of abortion. Out of respect for tography shall conduct themselves and their women recovering from abortion, I will or are not, what has been proven and coverage activities in an orderly and unob- refrain from using the term that Susan what has not been proven. Mr. Speaker, trusive manner. B. Anthony used to describe this proce- I felt compelled tonight simply to rise RULE 22. SUBPOENA POWERS dure. and talk about the facts for what they A subpoena may be authorized and issued Susan B. Anthony was very insight- are, for what we as policymakers in the by the Chairman, in accordance with clause ful. She was one of our pioneering femi- 107th Congress knew them to be, and 2(m) of Rule XI of the House of Representa- nists, and she was also a strong pro-life for what every member of the Security tives, in the conduct of any investigation or advocate. It is instructive, Mr. Speak- Council of the United Nations knows activity or series of investigations or activi- er, that Susan B. Anthony’s opposition them to be today. ties within the jurisdiction of the Com- to abortion arose from her fight for Mr. Speaker, it is said that facts are mittee, following consultation with the equal rights for women, and that she stubborn things. I offer tonight a few Ranking Minority Member. saw no reason to separate the two. stubborn things. In addition, a subpoena may be authorized For instance, this Congress on this and issued by the Committee or its sub- Mr. Speaker, as we commemorate the committees in accordance with clause 2(m) 183rd anniversary of Susan B. Antho- floor and our colleagues in the Senate of Rule XI of the House of the Representa- ny’s birthday and her human rights overwhelmingly gave this President tives, in the conduct of any investigation or legacy, let us not separate the fight for the authority to use America’s mili- activity or series of investigations or activi- equal rights for women from the fight tary power to disarm Iraq. The na- ties, when authorized by a majority of the for rights for all women, born and un- tional legislature of the United States Members voting, a majority of the com- born. spoke in overwhelming fashion that mittee or subcommittee being present. Mr. Speaker, abortion is one of the the need was real and urgent and the Authorized subpoenas shall be signed by President should be empowered under the Chairman or by any Member designated greatest human rights issues that face by the Committee. us in our time. In honoring Susan B. our constitutional authority. Anthony, let us agree that being pro- The United States Security Council RULE 23. RECOMMENDATION FOR APPOINTMENT adopted Resolution 1441. We hear a OF CONFEREES life is inseparable from being pro- woman. great deal about new resolutions. I ap- Whenever the Speaker is to appoint a con- plaud the President’s effort to try and ference committee, the Chairman shall rec- f exhaust all diplomatic means this ommend to the Speaker as conferees those IN SUPPORT OF PRESIDENT BUSH Members of the Committee who are pri- week. marily responsible for the legislation (in- AND WORLD LEADERS IN CON- But let us be clear what 1441 said. Mr. cluding to the full extent practicable the FRONTING SADDAM HUSSEIN Speaker, number one, it said that Iraq principal proponents of the major provisions The SPEAKER pro tempore. Under a is guilty. No objective observer doubts of the bill as it passed the House), who have previous order of the House, the gen- that Iraq has violated 17 U.N. resolu- actively participated in the Committee or tleman from Indiana (Mr. PENCE) is tions. subcommittee consideration of the legisla- recognized for 5 minutes. Number two, it said that Iraq could tion, and who agree to attend the meetings remedy its guilt through disarmament of the conference. With regard to the ap- Mr. PENCE. Mr. Speaker, we will confront many issues in the 108th Con- and disclosure. pointment of minority Members, the Chair- Number 3, if it refused to remedy, it man shall consult with the Ranking Minor- gress. They will have to do with the ity Member. economy; our own budget; a debate would be a material breach, and serious consequences should flow. RULE 24. GENERAL OVERSIGHT over cloning, which will come to the House floor this week and to this very Mr. Speaker, Baghdad is guilty. Not later than February 15th of the first Baghdad refuses to remedy. Serious session of a Congress, the Committee shall Chamber moments from now; reform- meet in open session, with a quorum present, ing ; but nothing can be com- consequences are in order. I stand with to adopt its oversight plans for that Con- pared to the issues of war and peace. the President of the United States. I gress for submission to the Committee on In the midst of an incessant barrage pray with millions of Americans as we House Oversight and the Committee on Gov- of media alerts, Mr. Speaker, and new will ask, perhaps within the week, our ernment Reform and Oversight, in accord- resolutions being debated before the finest to go forward on behalf of liberty ance with the provisions of clause 2(d) of United Nations, as a member of the again. Rule X of the House of Representatives. Let us focus on the facts and on the Committee on International Relations RULE 25. OTHER PROCEDURES AND REGULATIONS true challenges before us. I rise tonight to stand with the Presi- The Chairman, in consultation with the dent of the United States and the f Ranking Minority Member, may establish such other procedures and take such actions strong and unwavering leadership in APPOINTMENT OF MEMBERS TO as may be necessary to carry out the fore- confronting tyranny which he and the CONGRESSIONAL RECOGNITION going rules or to facilitate the effective oper- Prime Minister of England and the FOR EXCELLENCE IN ARTS EDU- ation of the Committee. Any additional pro- leaders of some 43 other nations have CATION AWARDS BOARD cedures or regulations may be modified or consistently and courageously provided The SPEAKER pro tempore. Pursu- rescinded in any or all particulars by a ma- to the world. jority vote of the full Committee. ant to section 815(a)(1) of the Congres- Mr. Speaker, I am not a combat vet- sional Recognition for Excellence in f eran; it was not part of my generation. Arts Education Act (2 U.S.C. 815) and But my father was, having seen con- HONORING SUSAN B. ANTHONY the order of the House of January 8, flict and bloodshed in the Korean War. 2003, the Chair announces the Speak- The SPEAKER pro tempore. Under a I do not welcome war. I do not hope for er’s appointment of the following Mem- previous order of the House, the gentle- it. As near as I can tell, from my late bers of the House to the Congressional woman from Colorado (Mrs. MUSGRAVE) father and veterans with whom I have Recognition for Excellence in Arts is recognized for 5 minutes. close enough relationships to hear the Education Awards Board: Mrs. MUSGRAVE. Mr. Speaker, truth, war is a wicked and a violent en- Mr. MCKEON of California. today I rise to recognize the debt that terprise that can consume our children Mrs. BIGGERT of Illinois. all of us owe to the pioneering work of in a conflagration, unthinkable in ordi- f Susan B. Anthony. Susan B. Anthony nary life. is celebrated for her indispensable role But nevertheless it has come from APPOINTMENT OF MEMBER TO in securing for women the right to vote time to time upon the free nations of BOARD OF TRUSTEES OF GAL- and setting our Nation on the course the world, and it seems most especially LAUDET UNIVERSITY towards recognizing the full equality on the United States of America, to be The SPEAKER pro tempore. Pursu- and the dignity of women. willing to employ the arsenal of de- ant to 20 United States Code 4303, and

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.056 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1305 the order of the House of January 8, APPOINTMENT OF MEMBERS TO the House of January 8, 2003, the Chair 2003, the Chair announces the Speak- BOARD OF VISITORS TO THE announces the Speaker’s appointment er’s appointment of the following Mem- UNITED STATES AIR FORCE of the following Members of the House ber of the House to the Board of Trust- ACADEMY to the Congressional-Executive Com- ees of Gallaudet University: The SPEAKER pro tempore. Pursu- mission on the People’s Republic of Mr. LAHOOD of Illinois. ant to 10 U.S.C. 9355(a), and the order of China: the House of January 8, 2003, the Chair Mr. LEACH of Iowa, chairman. f announces the Speaker’s appointment Mr. BEREUTER of Nebraska. of the following Members of the House Mr. DREIER of California. APPOINTMENT OF MEMBER TO to the Board of Visitors to the United Mr. WOLF of Virginia. BOARD OF TRUSTEES OF INSTI- States Air Force Academy: Mr. PITTS of Pennsylvania. TUTE OF AMERICAN INDIAN AND Mr. YOUNG of Florida. f ALASKA NATIVE CULTURE AND Mr. HEFLEY of Colorado. ARTS DEVELOPMENT f APPOINTMENT OF MEMBER TO The SPEAKER pro tempore. Pursu- BENJAMIN FRANKLIN TER- APPOINTMENT OF MEMBER TO CENTENARY COMMISSION ant to 20 United States Code 4412, and BOARD OF VISITORS TO THE the order of the House of January 8, UNITED STATES COAST GUARD The SPEAKER pro tempore. Pursu- 2003, the Chair announces the Speak- ACADEMY ant to section 5(a)(2) of the Benjamin er’s appointment of the following Mem- Franklin Tercentenary Commission The SPEAKER pro tempore. Pursu- ber of the House to the Board of Trust- Act (36 U.S.C. 101 Note), and the order ant to 14 U.S.C. 194(a), and the order of ees of the Institute of American Indian of the House of January 8, 2003, the the House of January 8, 2003, the Chair Chair announces the Speaker’s ap- and Alaska Native Culture and Arts announces the Speaker’s appointment Development: of the following Member of the House pointment of the following Member of Mr. YOUNG of Alaska. to the Board of Visitors to the United the House to the Benjamin Franklin States Coast Guard Academy: Tercentenary Commission: f Mr. SIMMONS of Connecticut. Mr. CASTLE of Delaware. f APPOINTMENT OF MEMBERS TO f BOARD OF TRUSTEES OF JOHN APPOINTMENT OF MEMBER TO APPOINTMENT OF MEMBER TO F. KENNEDY CENTER FOR THE BOARD OF VISITORS TO THE THE NATIONAL HISTORICAL PUB- PERFORMING ARTS UNITED STATES MERCHANT MA- LICATIONS AND RECORDS COM- The SPEAKER pro tempore. Pursu- RINE ACADEMY MISSION ant to section 2(a) of the National Cul- The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Pursu- tural Center Act (20 U.S.C. 76h(a)), ant to 46 U.S.C. 1295b(h), and the order ant to 44 U.S.C. 2501, and the order of amended by Public Law 107–117, and of the House of January 8, 2003, the the House of January 8, 2003, the Chair the order of the House of January 8, Chair announces the Speaker’s ap- announces the Speaker’s appointment 2003, the Chair announces the Speak- pointment of the following Member of of the following Member of the House er’s appointment of the following Mem- the House to the Board of Visitors to to the National Historical Publications bers of the House to the Board of the United States Merchant Marine and Record Commission: Trustees of the John F. Kennedy Cen- Academy: Mr. COLE of Oklahoma. Mr. KING of New York. ter for the Performing Arts: f Mr. KOLBE of Arizona. f APPOINTMENT OF MEMBER TO Ms. PRYCE of Ohio. APPOINTMENT OF MEMBERS TO BOARD OF VISITORS TO THE ABRAHAM LINCOLN BICENTEN- f UNITED STATES MILITARY NIAL COMMISSION ACADEMY The SPEAKER pro tempore. Pursu- APPOINTMENT OF MEMBERS TO The SPEAKER pro tempore. Pursu- ant to section 5(a) of the Abraham Lin- HOUSE OF REPRESENTATIVES coln Bicentennial Commission Act (36 PAGE BOARD ant to 10 U.S.C. 4355(a), and the order of the House of January 8, 2003, the Chair U.S.C. 101 Note), and the order of the The SPEAKER pro tempore. Pursu- announces the Speaker’s appointment House of January 8, 2003, the Chair an- ant to 2 United States Code 88(b)(3), of the following Members of the House nounces the Speaker’s appointment of and the order of the House of January to the Board of Visitors to the United the following Member of the House to 8, 2003, the Chair announces the Speak- States Military Academy: the Abraham Lincoln Bicentennial er’s appointment of the following Mem- Mr. TAYLOR of North Carolina. Commission: bers of the House to the House of Rep- Mrs. KELLY of New York. Mr. LAHOOD of Illinois. resentatives Page Board: f f Mr. SHIMKUS of Illinois. APPOINTMENT OF MEMBERS TO Mrs. WILSON of New Mexico. APPOINTMENT OF MEMBERS TO BOARD OF VISITORS TO THE THE JOINT ECONOMIC COMMITTEE f UNITED STATES NAVAL ACAD- EMY The SPEAKER pro tempore. Pursu- ant to 15 U.S.C. 1024(a), and the order of b 1945 The SPEAKER pro tempore. Pursu- the House of January 8, 2003, the Chair ant to 10 U.S.C. 6968(a), and the order of announces the Speaker’s appointment APPOINTMENT OF MEMBERS TO the House of January 8, 2003, the Chair of the following Members of the House BOARD OF REGENTS OF SMITH- announces the Speaker’s appointment to the Joint Economic Committee: of the following Members of the House SONIAN INSTITUTION Mr. RYAN of Wisconsin. to the Board of Visitors to the United Ms. DUNN of Washington. The SPEAKER pro tempore (Mr. States Naval Academy: Mr. ENGLISH of Pennsylvania. BEAUPREZ). Pursuant to sections 5580 Mr. CUNNINGHAM of California. and 5581 of the revised statutes (20 Mr. GILCHREST of Maryland. Mr. PUTNAM of Florida. U.S.C. 42–43), and the order of the Mr. PAUL of Texas. f House of January 8, 2003, the Chair an- f nounces the Speaker’s appointment of APPOINTMENT OF MEMBERS TO the following Members of the House to CONGRESSIONAL-EXECUTIVE APPOINTMENT OF MEMBERS TO the Board of Regents of the Smithso- COMMISSION ON THE PEOPLE’S NATIONAL COUNCIL ON THE ARTS nian Institution: REPUBLIC OF CHINA The SPEAKER pro tempore. Pursu- Mr. REGULA of Ohio. The SPEAKER pro tempore. Pursu- ant to the National Foundation on the Mr. SAM JOHNSON of Texas. ant to 22 U.S.C. 6913, and the order of Arts and the Humanities Act of 1965 (20

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.039 H25PT1 H1306 CONGRESSIONAL RECORD — HOUSE February 25, 2003 U.S.C. 955(b) Note), and the order of the be subject to a point of order unless their promise sensitive law enforcement informa- House of January 8, 2003, the Chair an- consideration is agreed to by a two-thirds tion, or would tend to defame, degrade or in- nounces the Speaker’s appointment of vote of the Committee or Subcommittee. criminate any person or otherwise would vio- late any law or rule of the House. the following Members of the House to (d) The Chairman, with such notice to the ranking Minority Member as is practicable, (c) For purposes of taking testimony and the National Council on the Arts: may call and convene, as he considers nec- receiving evidence before the Committee or Mr. BALLENGER of North Carolina. essary, additional meetings of the Com- any Subcommittee, a quorum shall be con- Mr. MCKEON of California. mittee for the consideration of any bill or stituted by the presence of two Members. (d) In the course of any hearing each Mem- f resolution pending before the Committee or for the conduct of other Committee business. ber shall be allowed five minutes for the in- APPOINTMENT OF MEMBERS TO The Committee shall meet for such purpose terrogation of a witness until such time as THE UNITED STATES HOLO- pursuant to that call of the Chairman. each Member who so desires has had an op- (e) Committee and Subcommittee meetings portunity to question the witness. CAUST MEMORIAL COUNCIL (e) The transcripts of those hearings con- for the transaction of business, i.e. meetings ducted by the Committee which are decided The SPEAKER pro tempore. Pursu- other than those held for the purpose of tak- ant to 36 U.S.C. 2301, and the order of to be printed shall be published in verbatim ing testimony, shall be open to the public ex- form, with the material requested for the the House of January 8, 2003, the Chair cept when the Committee or Subcommittee record inserted at the place requested, or at announces the Speaker’s appointment determines by majority vote to close the the end of the record, as appropriate. Indi- of the following Members of the House meeting because disclosure of matters to be viduals, including Members of Congress, to the United States Holocaust Memo- considered would endanger national security, whose comments are to be published as part rial Council: would compromise sensitive law enforcement of a Committee document shall be given the information, or would tend to defame, de- Mr. LATOURETTE of Ohio. opportunity to verify the accuracy of the grade or incriminate any person or otherwise transcription in advance of publication. Any Mr. CANNON of Utah. would violate any law or rule of the House. requests by those Members, staff or wit- Mr. CANTOR of Virginia. (f) Every motion made to the Committee nesses to correct any errors other than er- f and entertained by the Chairman shall be re- rors in the transcription, or disputed errors duced to writing upon demand of any Mem- in transcription, shall be appended to the APPOINTMENT OF MEMBERS TO ber, and a copy made available to each Mem- record, and the appropriate place where the PRESIDENT’S EXPORT COUNCIL ber present. change is requested will be footnoted. Prior (g) For purposes of taking any action at a The SPEAKER pro tempore. Pursu- to approval by the Chairman of hearings con- meeting of the full Committee or any Sub- ducted jointly with another congressional ant to Executive Order 12131, and the committee thereof, a quorum shall be con- Committee, a memorandum of under- order of the House of January 8, 2003, stituted by the presence of not less than one- standing shall be prepared which incor- the Chair announces the Speaker’s ap- third of the Members of the Committee or porates an agreement for the publication of pointment of the following Members of subcommittee, except that a full majority of the verbatim transcript. the House to the President’s Export the Members of the Committee or Sub- RULE IV. BROADCASTING Council: committee shall constitute a quorum for Whenever a hearing or meeting conducted purposes of reporting a measure or rec- Mr. ENGLISH of Pennsylvania. by the Committee or any Subcommittee is ommendation from the Committee or Sub- Mr. PICKERING of Mississippi. open to the public, these proceedings shall be committee, closing a meeting to the public, open to coverage by television, radio and Mr. HAYES of North Carolina. or authorizing the issuance of a subpoena. still photography except when the hearing or f (h)(1) Subject to subparagraph (2), the meeting is closed pursuant to the Committee Chairman may postpone further proceedings Rules of Procedure. PUBLICATION OF THE RULES OF when a record vote is ordered on the ques- RULE V. STANDING SUBCOMMITTEES THE COMMITTEE ON THE JUDICI- tion of approving any measure or matter or (a) The full Committee shall have jurisdic- adopting an amendment. The Chairman may ARY 108TH CONGRESS tion over the following subject matters: anti- resume proceedings on a postponed request trust law, tort liability, including medical The SPEAKER pro tempore. Under a at any time. previous order of the House, the gen- malpractice and product liability, legal re- (2) In exercising postponement authority form generally, and such other matters as tleman from Wisconsin (Mr. SENSEN- under subparagraph (1), the Chairman shall determined by the Chairman. BRENNER) is recognized for 5 minutes. take all reasonable steps necessary to notify (b) There shall be five standing Sub- Mr. SENSENBRENNER. Mr. Speaker, pur- Members on the resumption of proceedings committees of the Committee on the Judici- suant to clause 2(a)(2) of Rule XI of the Rules on any postponed record vote. ary, with jurisdictions as follows: of the House of Representatives, I hereby (3) When proceedings resume on a post- (1) Subcommittee on Courts, the Internet, poned question, notwithstanding any inter- submit the rules of the Committee on the Judi- and Intellectual Property: copyright, patent vening order for the previous question, an and trademark law, information technology, ciary for the 108th Congress for publication in underlying proposition shall remain subject administration of U.S. courts, Federal Rules the CONGRESSIONAL RECORD. These rules to further debate or amendment to the same of Evidence, Civil and Appellate Procedure, were adopted by the Committee on February extent as when the question was postponed. judicial ethics, other appropriate matters as 12, 2003, in a meeting that was open to the (i) Transcripts of markups shall be re- referred by the Chairman, and relevant over- public. corded and may be published in the same sight. manner as hearings before the Committee (2) Subcommittee on the Constitution: con- COMMITTEE ON THE JUDICIARY RULES OF and shall be included as part of the legisla- stitutional amendments, constitutional PROCEDURE, ADOPTED FEBRUARY 12, 2003 tive report unless waived by the Chairman. rights, federal civil rights laws, ethics in RULE I. RULE III. HEARINGS government, other appropriate matters as The Rules of the House of Representatives referred by the Chairman, and relevant over- (a) The Committee Chairman or any Sub- are the rules of the Committee on the Judici- sight. committee chairman shall make public an- ary and its Subcommittees with the fol- (3) Subcommittee on Commercial and Ad- nouncement of the date, place, and subject lowing specific additions thereto. ministrative Law: bankruptcy and commer- matter of any hearing to be conducted by it RULE H. COMMITTEE MEETINGS cial law, bankruptcy judgeships, administra- on any measure or matter at least one week tive law, independent counsel, state taxation (a) The regular meeting day of the Com- before the commencement of that hearing. If affecting interstate commerce, interstate mittee on the Judiciary for the conduct of the Chairman of the Committee, or Sub- compacts, other appropriate matters as re- its business shall be on Tuesday of each week committee, with the concurrence of the ferred by the Chairman, and relevant over- while the House is in session. ranking Minority Member, determines there sight. (b) Additional meetings may be called by is good cause to begin the hearing sooner, or (4) Subcommittee on Crime, Terrorism, the Chairman and a regular meeting of the if the Committee or Subcommittee so deter- and Homeland Security: Federal Criminal Committee may be dispensed with when, in mines by majority vote, a quorum being Code, drug enforcement, sentencing, parole the judgment of the Chairman, there is no present for the transaction of business, the and pardons, terrorism, internal and home- need therefor. Chairman or Subcommittee chairman shall land security, Federal Rules of Criminal Pro- (c) At least 24 hours (excluding Saturdays, make the announcement at the earliest pos- cedure, prisons, other appropriate matters as Sundays and legal holidays when the House sible date. referred by the Chairman, and relevant over- is not in session) before each scheduled Com- (b) Committee and Subcommittee hearings sight. mittee or Subcommittee meeting, each shall be open to the public except when the (5) Subcommittee on Immigration, Border Member of the Committee or Subcommittee Committee or Subcommittee determines by Security, and Claims: immigration and natu- shall be furnished a list of the bill(s) and sub- majority vote to close the meeting because ralization, border security, admission of ref- ject(s) to be considered and/or acted upon at disclosure of matters to be considered would ugees, treaties, conventions and inter- the meeting. Bills or subjects not listed shall endanger national security, would com- national agreements, claims against the

VerDate Jan 31 2003 05:58 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.041 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1307 United States, federal charters of incorpora- this legislation to ban all forms of So in the process of cloning, you ei- tion, private immigration and claims bills, human cloning. And I would point out ther deactivate this nucleus or you other appropriate matters as referred by the that many of the Democrats who voted eject it out. So you end up with an Chairman, and relevant oversight. in support of banning human cloning enucleated egg. And then you take a (c) The Chairman of the Committee and ranking Minority Member thereof shall be ex were pro-choice. cell from somebody’s body, and in this officio Members, but not voting Members, of There are many people who have depiction this has the appearance of a each Subcommittee to which such Chairman tried to define this debate about skin cell and you extract the nucleus or ranking Minority Member has not been human cloning as liberal/conservative. out of that cell, and you place it inside assigned by resolution of the Committee. Ex They have tried to define it as a pro- the egg. And this is why it is called nu- officio Members shall not be counted as life/pro-abortion rights kind of debate; clear transfer. It is called somatic cell present for purposes of constituting a but in reality the debate on human nuclear transfer because the cells in quorum at any hearing or meeting of such cloning transcends some of those tradi- our bodies are called somatic cells or Subcommittee. tional divisions that separate the polit- body cells. Somatic means body. And RULE VI. POWERS AND DUTIES OF ical parties and factions within the then what happens next is typically SUBCOMMITTEES House of Representatives and within they zap this egg with a little bit of Each Subcommittee is authorized to meet, our Nation. electricity, and lo and behold it begins hold hearings, receive evidence, and report Unfortunately, the legislation to ban to divide and form an embryo. to the full Committee on all matters referred all forms of human cloning that passed This, of course, is the first mammal to it or under its jurisdiction. Subcommittee overwhelmingly in the House of Rep- chairmen shall set dates for hearings and that was ever cloned. The first species meetings of their respective Subcommittees resentatives 2 years ago, almost 2 years that was cloned, I believe, it occurred after consultation with the Chairman and ago now, it was never taken up by the in the 1950s. It was a carrot. But this other Subcommittee chairmen with a view Senate. The Senate never held a vote creation of Dolly the sheep was the toward avoiding simultaneous scheduling of on the issue. Therefore, the issue was first example of a mammal being full Committee and Subcommittee meetings essentially left open; and, indeed, many cloned. Prior to cloning Dolly, there or hearings whenever possible. Americans are shocked and surprised had been some other vertebrates that RULE VII. NON-LEGISLATIVE REPORTS to learn today that there is no law on were cloned, but Dolly was the first No report of the Committee or Sub- the books in the United States of mammal. And, of course, we as humans committee which does not accompany a America to ban human cloning. Indeed, are mammals. And the reason this cre- measure or matter for consideration by the many foreign countries have already ated so much news is because Dolly a House shall be published unless all Members moved, they have already acted to ban sheep, a mammal very similar to us, of the Committee or Subcommittee issuing human cloning. Several European the report shall have been apprised of such and what they did there was they took report and given the opportunity to give no- countries have banned it outright, like an udder, cell which is essentially a tice of intention to file supplemental, addi- Germany, for example. Norway has mammary duct cell, and they took the tional, or dissenting views as part of the re- banned it completely. The European nucleus out of it from the donor sheep, port. In no case shall the time in which to Parliament has called for a complete and then they took another sheep and file such views be less than three calendar ban on human cloning. The French they took an egg from that sheep and days (excluding Saturdays, Sundays and Senate very recently voted to ban all removed the nucleus. And so they did legal holidays when the House is not in ses- forms of human cloning. So clearly the nuclear transfer technology, and so sion). there is a tide sweeping the globe that they had the DNA of this sheep in the RULE VIII. COMMITTEE RECORDS says, no, we are not going to move egg from this sheep. They zapped it The records of the Committee at the Na- away from human pro-creation to baby with electricity. They got it to grow in tional Archives and Records Administration manufacturing, which is really what culture, and then they transplanted it shall be made available for public use ac- this debate is all about in its essence. into another female sheep. And this is, cording to the rules of the House. The Chair- Due to the failure of the Senate, or man shall notify the ranking Minority Mem- of course, the surrogate mother and ber of any decision to withhold a record oth- the other body, to act on this issue, I Dolly was created. erwise available, and the matter shall be pre- reintroduced my legislation along with And here is Dolly depicted here. This sented to the Committee for a determination my colleague from Michigan (Mr. STU- sheep is a genetic duplicate of this on the written request of any Member of the PAK). Our bill is H.R. 534, the Human sheep, the one that you took the nu- Committee. Cloning Prohibition Act of 2003. And I cleus out of. This sheep can be con- f would like to talk a little bit about strued as the twin or this one can be what the legislation is and what it HUMAN CLONING PROHIBITION construed as the twin of this sheep. does, and I have a few visuals to help Now, it is worth noting that Dolly ACT OF 2003 with this debate. was born on July 5, 1996. Almost imme- The SPEAKER pro tempore. Under First of all, I would like to start out diately Dolly began to show signs of the Speaker’s announced policy of Jan- with what is human cloning. In normal premature aging. Indeed, the research- uary 7, 2003, the gentleman from Flor- sexual reproduction, the sperm and the ers who have studied all the cloned ida (Mr. WELDON) is recognized for 60 egg unite to form a single-cell embryo, mammals that have been cloned so far, minutes as the designee of the major- and that single-cell embryo rapidly be- pigs, goats, mice, they all show genetic ity leader. gins a process of dividing to form this defects in all of them. Mr. WELDON of Florida. Mr. Speak- multicell embryo. And, of course, from Dolly manifested early arthritis; and, er, I rise tonight to address the House there it develops further into the fetal of course, she had to be euthanized, or regarding the very important issue of stage of development forming a baby put to sleep, recently because of the de- human cloning. and ultimately a human being like you velopment of further medical condi- The question before our Nation is are and I. tions. She essentially experienced half we going to allow human cloning in the In human cloning we have a proce- the normal life expectancy of a normal United States of America or are we dure called somatic cell nuclear trans- sheep. And this is one of the principle going to ban human cloning? fer, and what happens here is you take issues why many people feel that to do In the 107th Congress, I introduced a human egg and you either deactivate cloning in humans, as some people are legislation, the Human Cloning Prohi- the nucleus in the egg or you remove proposing, is morally and ethically rep- bition Act of 2001. This legislation ulti- it, and there are two different ap- rehensible. mately was reviewed and passed ap- proaches to that. And you essentially It took 237 attempts to create Dolly provingly after hearings by the Com- end up with an egg that has no nuclear with many miscarriages, many sheep mittee on the Judiciary and was material in it. In a normal human egg, being born with very, very severe birth brought to the floor of the House and the normal cells in our bodies have 46 defects. So if we try to do this with hu- received a favorable vote in the House chromosomes; but in the egg there are mans, the question, of course, becomes of Representatives passing by a margin 23 chromosomes and in the sperm there how many humans will be born, how of 265 for, 162 against. are 23, and they come together to form many babies will be born with birth de- Of note in that vote there were some a new unique human being with 46 fects? How will we take care of them? 63 Democrats who voted in support of chromosomes. Who will be responsible for them?

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.029 H25PT1 H1308 CONGRESSIONAL RECORD — HOUSE February 25, 2003 b 2000 They are trying to call embryo ability to reverse the law. But that is a One of the most disturbing things cloning somatic cell nuclear transfer, grossly exaggerated claim. about all this is if we were able to over- and the reason they are trying to do I understand the gentleman wanted come those immediate birth-related that, scientifically that is what it is, to ask me some more questions in a problems, what would the life of a per- but the overwhelming majority of colloquy. son who was cloned be like? Would Americans are opposed to all forms of Mr. RENZI. Mr. Speaker, will the they manifest premature aging? Would human cloning. It is something like 65, gentleman yield? they ultimately succumb to diseases at 70, 80 percent of the American people Mr. WELDON of Florida. I yield to an early age? This is clearly experi- are against all forms of human cloning, the gentleman from Arizona. mentation of the absolute worst and and so they are trying to put a pretty Mr. RENZI. Mr. Speaker, I take it most reprehensible kind, and there is face on it so they are calling it somatic then from the gentleman’s answer that general agreement that we should out- cell nuclear transfer. we have no proof that any cures to law cloning specifically of this type, The important point I want to raise I human beings, never mind even ani- referred to as reproductive cloning. think was stated very nicely by the mals, exist; and by the chart the gen- What this House will engage in a tre- President’s National Bioethics Advi- tleman showed, it actually accelerates mendous amount of debate on over the sory Commission back in 1997, and they the aging of an animal and actually next few days is the issue of whether or said the commission began its discus- leads to faster death, then. So rather not we should allow something called sion fully recognizing that any efforts than cure life, it leads to a faster therapeutic cloning or the creation of in humans to transfer a somatic cell death. cloned embryos in the lab. I anticipate nucleus into an enucleated egg involves Could I respond also to a portion of that there will be a substitute for my the creation of an embryo with the ap- legislation being offered by the gen- the gentleman’s statement as it relates parent potential to be planted in utero to some of the break-throughs that tleman from Pennsylvania (Mr. GREEN- and developed to term. have been claimed, and could I ask that WOOD). His legislation contends that it So what they are saying here is this the gentleman look at a piece from a is best to simply outlaw the creation of is cloning. So they may want to call it letter that was also recently sent a human being but to allow the unfet- somatic cell nuclear transfer but it is around, and I quote: Cloning is widely tered creation of human embryos in definitely cloning. the lab to be exploited for research pur- They go on to say this is not science used. It is widely used. It is a vital poses because of the supposed great po- fiction you see in movies, but rather a medical tool that has allowed sci- tential of these to lead to cures to reasonable and appropriate way to al- entists and researchers to develop pow- many diseases. leviate the horrors faced by patients erful new drugs, produce insulin, useful I know there are a lot of people who suffering from deadly painful diseases. bacteria in the lab, track the origins of have some questions about this issue, This kind of language in my opinion is biological weapons, catch criminals, and I would be very happy to yield to reprehensible. There is no basis in and free innocent people. It even pro- the gentleman from Arizona (Mr. science to make a claim like this, and duces new plants and livestock to help RENZI), a distinguished freshman from I have been saying this over and over feed and nourish the poor of our world. the Flagstaff area. I understand he had again. I would be very, very happy to In addition to wanting to alleviate some questions for me about this issue. debate these people who go around pain and suffering, I consider myself a Mr. RENZI. Mr. Speaker, I would like making these claims. compassionate American who wants to to engage the gentleman from Florida Therapeutic cloning has never been help save our world, and it sounds like in a colloquy if he would not mind, done. It is going to be debated here as cloning is going to do just that. The please. though it is a scientific fact. It is a sci- gentleman’s bill, of course, would not Mr. WELDON of Florida. I would be entific fiction. It has never been dem- ban this type of cloning that was going happy to do that. to save our world, would it? Mr. RENZI. Mr. Speaker, I have seen onstrated in humans. What is more, it has never even been demonstrated in Mr. WELDON of Florida. This is a and heard a lot of rhetoric, and re- very confusing quote because it really cently we had a letter that was sent an animal model. We purchase from re- search labs these animals that are ge- mixes two issues. It starts out saying around by one of our colleagues that cloning is a widely used, vital medical favors the research, if we can call it netically programmed to develop dia- betes. We cannot take this technology tool that has allowed scientists and re- that, on behalf of the Coalition for the searchers to develop powerful new Advancement of Medical Research. And and use it to even cure an animal. The advocates for embryo cloning do not drugs. What they are talking about is I have got some serious questions and we have been cloning tissues in the doubts as to the truth. have even one, one, example of where labs for years, we have been cloning One of our colleagues says that their in an animal model they can cure dis- animals in the labs for years, we have position is reasonable, and his letter ease; and for them to go so far as to say goes on to state that somatic cell nu- this has the potential to alleviate the been cloning DNA in the lab, and some clear transfer is not the science fiction horrors faced by patients suffering of these cloning technologies are find- you see in movies but, rather, a reason- from deadly diseases, I think it is a ing their way into the research and de- able and appropriate way to alleviate horror that they would make such a velopment arenas that are used for de- the horror faced by patients suffering grossly exaggerated and false state- velopment of new drugs, produce insu- from deadly and painful disease. Pain ment, because it raises the false hopes lin, useful bacteria in the lab. And so and disease is something that all of millions of Americans who suffer those statements are true. Americans are passionate about, and I from these diseases. There is no sci- But my bill does not ban those would ask my colleague, then, what entific evidence that this has the po- things. This group, CAMR, or the Coa- cures, in light of this great new tech- tential to be effective at this time. lition for the Advancement of Medical nology, have occurred using somatic I apologize, this is a very, very long Research, they are against my bill; but cell nuclear transfer, if he does not answer to the gentleman’s question. in that response they fail to point out mind. But my legislation to ban cloning does that my bill does not ban all of that Mr. WELDON of Florida. Mr. Speak- not prohibit animal cloning, and it animal cloning and all of that DNA er, I would be happy to respond to his does not prohibit animal embryo cloning, all that stuff that is going on. question. This is a very, very impor- cloning, and so the advocates for this What it specifically only bans is tant issue, and it gets essentially to will have unfettered ability to dem- human cloning, an attempt to create a the crux of the debate we are going to onstrate that this works in animal human embryo in the lab, and they have here on the floor of this body on models, and if they can demonstrate seem to imply in the first sentence of Thursday when H.R. 534 comes up for that it works in animal models, they that quote the gentleman just read discussion, debate, and consideration can come back to the Congress and say that it is a vital medical tool. Those and vote, and I want to just point out we really feel very strongly that you applications that would be permissible one very very important thing about need to allow this to move forward in under my legislation are certainly this. human models, the Congress has the vital, and they will proceed unfettered,

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.043 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1309 but human cloning is not a vital med- ation of human life in the lab for re- ing we do not think this is something ical tool. There is not one research ar- search purposes and then those human we want to allow for the next 10 years, ticle where human cloning has been embryos are to be destroyed is an en- but in 10 years we may want to allow used to treat anybody of anything. tirely new path for us to walk down. reproductive cloning. So I do not think Might I also add, the crux of this de- b 2015 it is a true ban. bate is the whole issue of regenerative The other point I want to mention, medicine and if a person gets sick, the Historically in our Nation we have and I have debated my good friend, the traditional tools used by physicians are always stood up for protecting life. The gentleman from Pennsylvania, on this surgery and medications to make a recent historical departure from that, issue many times in the past, a repro- person well; and of course there is ther- Roe v. Wade, that decision was ren- ductive-only ban is very, very difficult apy and there are lots of other modali- dered in the context, at least my un- to enforce. Indeed, I have a quote from ties to make people well. But an addi- derstanding of the interpretation of the the Justice Department I am going to tional tool is this concept of regenera- decision of the court was not that the put up on the easel here in a minute tive medicine where we take cells and baby developing inside the woman is where they state categorically it is put cells in a person’s body and those not alive and not that it is not human going to be very, very hard to enforce. cells make a person better, and adults and not that it is a commodity that If you allow research cloning to pro- themselves have actually been used in can just be manipulated and discarded, liferate all over the country, you are 45 human clinical trials to make people but that the right of reproductive free- going to have dozens of labs producing well. dom or privacy of the mother trumped human embryos for experimental re- Embryonic stem cells have never the right to life of the baby, a decision search purposes. It would be very, very been used in a single clinical trial to I do not particularly agree with. easy for an unscrupulous, dishonest ever make anybody well. Embryo stem But now we are talking about going physician to do this. I am a physician cells have never been used in an animal in a whole new direction. We are talk- and I know as a fact that not every model to heal an animal. There have ing about creating life expressly for the physician is an honest person. The been a couple of studies that seem to purpose of exploiting it and destroying medical profession draws its ranks suggest that embryo stem cells might it. A parallel would be for a woman to from the human race and there are peo- have some potential at some point in deliberately try to get pregnant so she ple who do bad things even within the the future, but they do not have a could have an abortion. Clearly this is medical profession. model where we can take an animal a moral and ethical quagmire that I do It will be very easy for an unscrupu- with disease and make it well, and that not think we should walk down as a lous physician to implant one of those is what they are trying to imply by Nation. human embryos into a woman in the this response. I will just cite for you one example of privacy of the doctor-patient relation- Again, it is a very deceptive re- where this would lead us if we allow ship, and it would be impossible for our sponse, and I apologize for these therapeutic cloning or embryo cloning. Justice Department to police such a lengthy responses to the gentleman’s The artificial womb is available to us thing and prevent it from happening. inquiries. These issues are just very, today. You can take a mammalian em- Indeed, if a physician did that and a very complicated science, and it is very bryo and drop it in the artificial womb, baby were to develop, what could the hard to do them justice by just giving and it will pass from the embryonic government do at that point? They cer- 8-second sound-bite responses to the stage into the fetal stage of develop- tainly would not mandate an abortion questions. ment and can survive up to 30 days of on a woman like that. And so I feel Mr. RENZI. The letter that the gen- development. That will be the next very, very strongly that the Feinstein- tleman and I are discussing and the place these researchers will want to go Hatch-type approach in the other body portions of the letter and the quotes to. Who on Earth would want to ex- or the Greenwood approach would actu- that we have gone over together, this tract stem cells from an embryo and ally help usher in reproductive cloning, letter from the Coalition for the Ad- try to grow those embryo stem cells the very thing that they say they want vancement of Medical Research; has into, let us say you want heart tissue. to prohibit. the gentleman seen the quote which Why would you want to go through the Mr. RENZI. I would like to go back addresses the leading scientists and ordeal of in a petri dish trying to grow to the letter that the Coalition for even two prestigious committees on those cells into heart tissue when you Medical Research has put out. There is the National Academy of Sciences that could just much more cheaply and eas- an interesting quote also in the body of have agreed that cloning to reproduce ily place that embryo into an artificial that letter that addresses somatic cell humans should be illegal but that so- womb and then come back 2 weeks or 3 nuclear transfer as being, quote, ‘‘a re- matic cell nuclear transfer or thera- weeks later and get the tissue you search technique to develop cells that peutic cloning should be permitted? want out of it? That is the slippery can be used to treat or cure chronic My question is that it is my under- slope we are going down. So it is a and degenerative diseases and dis- standing that these panels included no moral and ethical minefield that I orders.’’ They claim the process has bioethics experts and even that they think we as a Nation should not enter nothing to do with sexual reproduction considered the ethical debate, the mo- into, and we should ban all forms of and that its sole purpose is research to rality in question, to be something human cloning. meet unmet medical needs. that should be left up for others to de- Mr. RENZI. I wanted to ask, we have The way I read this, sir, it sounds to bate. got a good colleague within our own me like we are not creating human em- Mr. WELDON of Florida. That is ab- party who has addressed also this sub- bryos. Where are we? Are we creating solutely correct. The National Acad- ject matter. Could I ask if you are human embryos, or are we not creating emy of Sciences panel made that rec- aware or do you know if the Greenwood human embryos? ommendation, but then they acknowl- bill would ban human reproductive Mr. WELDON of Florida. Here again edged there were no bioethicists on the cloning? what they are trying to do is change panel, and then they went on further to Mr. WELDON of Florida. Actually, I the terminology. They have been losing state that others should debate the do not know if the gentleman from the debate on this issue with the hearts ethics of this. There were no Pennsylvania (Mr. GREENWOOD) is and minds of the American people, so bioethicists. There were no going to change his language before it they are now trying to call it somatic theologians. There were no elected rep- comes to the floor, but the language as cell nuclear transfer rather than em- resentatives from the people, no rep- I last saw it, it is not actually a ban. It bryo cloning or therapeutic cloning. resentatives from the community. And is a moratorium. It is a 10-year mora- When they called it those things, peo- they wisely said that others should de- torium on reproductive cloning, taking ple understood exactly what it is. But bate the morality and the ethics of this the cloned embryo and putting it in the when they say somatic cell nuclear issue; and frankly, they wisely said uterus of a surrogate mother for the transfer, suddenly people do not know that because the path that they are purpose of creating a child. It is a 10- what they are talking about and they recommending that we allow the cre- year moratorium. It essentially is say- may be able to get this thing through.

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.044 H25PT1 H1310 CONGRESSIONAL RECORD — HOUSE February 25, 2003 Clearly as a scientist, as a physician, I would expect all the research scientists compassion to help those in pain and can tell you that you are talking about to be working on cloning, but in point relieve those in suffering in order that creating human embryos, there is no of fact they are not. The reason they you may promote an immoral agenda. two ways around it, with the potential are not is because this is a bogus, ab- The morality argument has been made to develop into a human being. That is surd statement. There is no evidence in much tonight, but it is you who want not only my opinion; it is the opinion science that substantiates a claim like to create human life in a petri dish of the Bioethics Advisory Commission. this, that you are going to be able to only to genetically engineer it to die 14 The same commission has a number of cure all these millions of Americans of days later. This is not medical re- members who feel that therapeutic all of these diseases. search. This is you scientists creating cloning or embryo cloning should be I will just simply point out a very defective human American life and permissible, but they readily recognize important point that they fail to men- that is mutant life. I abhor your objec- that as soon as you take a somatic cell tion. If that were the case, where would tives in order that you might bring nucleus and put it in an enucleated you get all the eggs to do all this? It prestige to yourself. I urge my col- egg, it involves the creation of an em- took dozens and dozens of eggs to cre- leagues to reject those scientists who bryo with the apparent potential to be ate Dolly. If you come down with one lack the wisdom to recognize human implanted in a uterus and developed to of these diseases they describe here, we life in favor of garnering international term. It is the procedure used to create cannot necessarily cure you with one acclaim among their peers for their Dolly. So to try to say it is not, I egg. We might need a dozen eggs to get morbid scientific breakthroughs. think, is misleading. The facts are the one good clone of you that might de- Mr. WELDON of Florida. I thank the facts. velop into an embryo. By the way, this gentleman. It has certainly been a Mr. RENZI. The fact being, then, is all science fiction, this is not real; pleasure to engage in this colloquy. I that they are creating human life, they but this is what they are claiming. You would be very happy to recognize the are exploiting a human embryo, and would literally need billions of eggs. gentlewoman from Colorado and yield that they are using this term ‘‘somatic Who is going to donate all these eggs? to her if she would like to say a few cell nuclear transfer’’ as a new termi- To get the eggs, to get a woman’s egg, words about this very important issue. nology to come back in and try and le- you have to give a woman powerful Mrs. MUSGRAVE. I thank the gen- galize or try and establish human drugs that cause a phenomenon called tleman. I certainly yield to the gen- cloning as being something that should superovulation, so instead of one egg tleman in regard to the clinical objec- be legal in America. developing you get a dozen eggs devel- tions that you have raised and with all Could I ask, please, the Coalition for oping. The drugs have side effects. of your knowledge of medical issues Medical Research that we are dis- Thirty percent of women who take raised in regard to human cloning. cussing talks about moving stem cell those drugs develop depression. You However, I would like to rise to speak research forward and that somatic cell have to give them these powerful to the profound moral issues raised nuclear transfer could bring new hope drugs, and then you have to give them when we consider permitting medical to nearly 1 million Americans suffering a general anesthetic and do a surgical science to create human life for the ex- from, and now we move to the type of procedure to harvest the eggs. This is clusive purpose of experimentation and diseases which really tug at the heart not some simple, minor procedure that destruction. I think that we need to strings of America. They are citing you can have done in a medical office look to human history. It is a truth of cancer would be cured, Alzheimer’s, di- in 30 seconds. You are talking about an history that governments and man- abetes, hepatitis, Parkinson’s disease. ordeal for a woman to donate her eggs. kind, if given the opportunity under The only thing left off here is AIDS. And for them to make the absurd no- the law, will trample on human life. And so I would ask you, is this not tion that you are going to cure 100 mil- b 2030 similar to the type of promises that we lion Americans with this, you would saw 10 years ago when we were debat- literally need 1 billion eggs. History is strewn with such exam- ing fetal tissue research, the idea that Mind you, they do not have one, one ples. By legalizing human cloning for that would bring us all the type of example where they can do one of these any reason, and many of them can breakthroughs that would cure what things in an animal model. Not one. I sound altruistic even if they are false, ails our human population? Are we not have challenged some of the most pres- we open a Pandora’s box which could seeing the same sort of propaganda? tigious scientists in the world with this set our civilization on a similar course. Are we not seeing the same sort of question. Show me one, one article It is morally wrong to create human promises where in over 10 years since where you can do this in a human. life, even nascent human life, for the fetal tissue research, we really have None. I say show me one article, one purpose of experimentation and de- seen very little, if at all, any kind of research article, a peer-reviewed jour- struction. great scientific breakthroughs? nal article where you can do this in an Mr. WELDON of Florida. Mr. Speak- Mr. WELDON of Florida. The gen- animal model. None. They have abso- er, I thank the gentlewoman, and those tleman raises an absolutely important lutely none. But they make these bald- were very well taken points. This is point. That is, the debates that they faced, absurd assertions that they are clearly a line in the sand. It is a demar- are bringing up here were the same going to cure 100 million people with cation point; and if we go across that exact debates 10 years ago on fetal tis- all these conditions. I think it is line, if we say we are going to start sue research. One of the amazing as- shameful that they would seriously creating human lives for the purpose of pects of all this is Senator HATCH was consider this. exploiting them for scientific research one of the people who led the charge I very much appreciate the oppor- and then discarding them, where does against fetal tissue research in the tunity to engage in this colloquy with that take us next? What comes around other body 10 years ago, and now today the gentleman. the corner? I have been arguing for he is leading the charge to allow em- Mr. RENZI. I am grateful, sir. I want years that it will usher in reproductive bryo cloning, which is a great irony for to congratulate and applaud the gen- cloning. me. As I mentioned to you before, tleman from Florida for his sub- Indeed, in testimony that we received there is no basis in science to make a stantive argument tonight based on in my committee, we had a Dr. Cohen, claim like that. I find it very reprehen- fact. There is not a lot of emotional Brian Cohen, who represented the sible for them to hold out hopes to mil- rhetoric there. It is truly your research American Society of Reproductive lions and millions of Americans that that contains the truth and not their Medicine; and in his testimony he re- this is going to be the cure for their research which contains false hopes peatedly said ‘‘We are opposed to repro- condition. I will simply just point out, and, I believe, propaganda. ductive cloning at this time,’’ and he if that were the case, if this statement I would like to mention that the lob- said it twice. Finally I asked him, were true, you would go into the re- byists who cloak themselves in the ‘‘Why did you say ‘We are opposed to search labs at Harvard and Yale and guise of medical research do an injus- reproductive cloning at this time’?’’ UCLA and all the prestigious medical tice and mislead our American public. And this fellow represents the Associa- schools throughout the Nation and I It is you who play upon our American tion of Fertility Experts in the United

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.046 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1311 States, and essentially his response to dreds of human embryos every year for the legislation being promoted by the me was that once all the science is the purpose of doing research, where gentleman from Pennsylvania (Mr. worked out on this where it can be are we going to get those eggs from? GREENWOOD) in the House and Senators done safely, they want to be able to do Who is going to donate their eggs? Who HATCH and FEINSTEIN in the other it. They want to be able to clone will submit themselves to this kind of body, just a reproductive ban, how will human beings. And this is the brave research? I will say who I think it will we enforce that? It will be impossible new world, no longer confined to fic- be. It will probably be poor women. It to enforce that. We will have all of tion literature, but it has essentially will probably be predominantly women these embryos in all of these labs. The arrived because the follow-ons to this of color. Justice Department, police officers will be genetic manipulation, genetic Indeed, I want to read this quote cannot monitor these labs regularly to enhancements. Eugenetics is what it is from Judy Norsigian. She is the co-au- make sure the embryos have been dis- called, an attempt to try to eliminate thor of ‘‘Our Bodies, Ourselves for the carded rather than implanted in undesirable traits in our culture and New Century,’’ the Boston Women’s women. There will be no way to know our society. So people will begin to not Health Collective book, hardly a right whether or not reproductive cloning only select the gender of their desired wing group. What does she say? ‘‘Be- has occurred. So I feel very, very offspring, but they may actually want cause embryo cloning will compromise strongly that this is the best way for to manipulate the genetic code of their women’s health, turn their eggs and us to go. offspring so they can get a specific wombs into commodities, compromise I will also point out that the Presi- height or size or physical appearance their reproductive autonomy, and with dent has indicated that he wants a or IQ. I would imagine athletic per- virtual certainty lead to the produc- complete ban on all forms of human formance will be one of the things that tion of experimental human beings, we cloning, reproductive and so-called they will go after. are convinced that the line must be therapeutic cloning. So clearly, the And this is the Pandora’s box of drawn here.’’ And I was very encour- time has arrived. It is critical that we issues that we are opening up if we aged by this latter part of her quote. as a Nation do the right thing. I believe allow human cloning to occur in the She is not only concerned about women the House of Representatives will do United States. Therapeutic cloning, being exploited, but she has a concern the right thing and ban human cloning embryo cloning or reproductive about the dignity, the human dignity, in all of its forms, both embryonic cloning, it is the path we are going and the indignity of this to be creating cloning and so-called reproductive down. And I just want to underscore human beings for experimental re- cloning, that all attempts at creating the importance of us banning all forms search purposes and then to be dis- human embryos in the lab will be pro- of human cloning, which is what we are carded. hibited. This is an enforceable ban and able to do in the Human Cloning Prohi- If research cloning is allowed to pro- a lasting ban. The advocates who say bition Act of 2003, and I just want to ceed in this country, or therapeutic that we must allow embryo cloning in again underscore that there are people cloning unfettered, in my opinion what the lab because of its great potential to who are going to try to put lipstick on ultimately will happen, because it will lead to cures of all these diseases, I the pig. They are going to try to say be so expensive to get these eggs from again issue my challenge, show me the that this is not cloning; and they are women in the United States because evidence. going to call it somatic cell nuclear they will have to pay women thousands Traditionally in this country we al- transfer, or they are going to try to of dollars to undergo the procedure, be- ways have demonstrated that it works call it nuclear transfer technologies; cause of the fairly high incidence of de- in animals before we attempt it in hu- and we are going to hear this kind of pression in women who take these mans. Show us the evidence in the sci- language being used both in this body superovulatory drugs, we may have entific literature that this works in and the other body. It is cloning. It is women requiring hospitalization fol- animals. They cannot. They will not be creating human embryos through the lowing the egg donation procedure or able to. The reason they cannot is be- process of cloning. And people need to maybe even going so far as attempting cause it cannot be done. It has not been remember that no matter what they suicide, what I think they will end up done in human models. Clearly this call it, that is what it is. doing is they will end up going to third takes us down a very dangerous and I just want to underscore addition- world countries. They will end up going precarious path, creating human life ally that this is not purely a pro-life to Central America, South America, for the purpose of exploiting it and issue. Cloning of all types, therapeutic, away from the trial attorneys in the then destroying it. A very dangerous embryonic, and reproductive cloning, United States that can lead to law- road for us to walk as a Nation. So I has been made illegal in Germany by suits, away from the prying eyes of the would encourage all of my colleagues the leadership of the Green Party, American press and where they can pay to vote in support of the ban on human which is pro-choice. Indeed, in the vote women peanuts in order to get their cloning that we will be debating in the that we had passing my bill in the eggs; and that I think is one of the con- House of Representatives. 107th Congress, I had seven or eight cerns of people like Judy Norsigian. f people voting for the legislation who She knows that ultimately the poten- had a 100 percent voting record with tial exists for women to be exploited, THE PRESIDENT’S BUDGET the National Abortion Rights Action and that is just shameful that it would The SPEAKER pro tempore (Mr. League. happen when there is no evidence that BEAUPREZ). Under the Speaker’s an- And so clearly this is not an abortion this could even work in animals. In- nounced policy of January 7, 2003, the debate. It is different from that. There deed, the evidence, there was just re- gentleman from (Mr. are a lot of people who are pro-life like cently an article in the mouse model PALLONE) is recognized for 60 minutes myself who have a very strong moral where they tried to do therapeutic as the designee of the minority leader. and ethical objection to cloning on the cloning and it did not work. Mr. PALLONE. Mr. Speaker, this basis of simply creating human life in The other thing I want to just share evening I wanted to talk about the the lab to be exploited and destroyed, a is this quote from Daniel Bryant, who President’s budget, but I also want to so-called utilitarian approach. But is the Assistant Attorney General, Of- point out, using something very spe- there are many people on the left who fice of Legislative Affairs. He says ‘‘en- cific examples of how the President’s are strongly opposed to cloning be- forcing a modified cloning ban would rhetoric, if you will, with regard to cause of their concern about eugenics, be problematic and pose certain law what he wants to accomplish in this because of their concern about the im- enforcement challenges that would be session of Congress, whether it be turn pact this could have on the disability lessened with an outright ban on the economy around, create more jobs, community, and very importantly human cloning. Anything short of an reform Medicare, create a prescription there are a lot of people who are very outright ban would present other dif- drug benefit, the various things that he concerned about the exploitation of ficulties to law enforcement. And what talked about in his State of the Union women. If we are going to have in this he is talking about here is if we take Address are not essentially backed up country dozens of labs creating hun- the approach advocated by the form of with the budget that he has presented

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.048 H25PT1 H1312 CONGRESSIONAL RECORD — HOUSE February 25, 2003 to Congress and that we first had un- cits reaching $2.1 trillion over the next But this article in the New York veiled here a few weeks ago. 10 years. There again, I just use that as Times today addresses that and basi- And it is disturbing to me because I one example. There are so many exam- cally explains again the President has think it creates what many have called ples of it. a in how he is spinning a credibility gap between what the I guess one of the things that is so it, because among the points that he President promises versus what he de- obvious in this regard is what the makes is that more than half of all tax- livers. He creates the illusion that he President says about the tax cuts. He able dividends are paid to people 65 and will create new jobs, reverse our Na- implemented some tax cuts about a older and that their average saving tion’s current economic woes, ensure year ago. He now proposes additional from eliminating the tax on dividends all Americans have access to tax cuts and is talking about maybe a would be $936, and that 60 percent of healthcare, and provide seniors a pre- third set of tax cuts in another 6 people receiving dividends have in- scription drug benefit; but then when months or so. comes of $75,000 and less, and he goes we look at his budget for the year 2004, There was an article in today’s New on. for the next fiscal year, we see that es- York Times that, once again, talks But what we find is only slightly sentially what it does is mire the Na- about the President’s credibility gap in more than one-quarter of Americans 65 tion’s future in record deficits, under- the context of the tax cuts. I just want- and older receive dividends and that mine the future of the social security ed to go to some of those statistics, be- two-thirds of the dividends the elderly and the Medicare system at the time cause I think they are so important in receive are paid to the 9 percent of all that they should be strengthened in an- terms of what the President says these elderly who have incomes of over ticipation of the baby boom generation tax cuts are going to do, who is going $100,000. which will at some point in the near fu- to benefit from them, how they are Essentially what you are having, ture become 65 years of age, and we going to impact the economy, versus again, is that most of the money, even only have to look at the promises the what the reality is. This was an article with the stock dividend elimination, President made in the State of the in today’s New York Times, and it is the tax on that, is going to very few Union Address that he gave a year ago entitled ‘‘The President’s Tax Cut and senior citizens who have incomes over to see how ineffective he is at following its Unspoken Numbers.’’ $100,000. The average senior citizen is up on his rhetoric once he leaves the It starts out by saying, ‘‘The statis- not benefiting from it in any signifi- Capitol. tics that President Bush and his allies cant way. I mention this because, again, I think Last year, the President assured the use to promote his tax cut plan are ac- it is important that we all understand Nation that ‘‘our budget will run a def- curate, but many of them present only that the President says something, and icit that will be small and short lived.’’ part of the picture. For instance, in a he spins it and makes it sound like it But 1 year later, according to Presi- speech in Georgia last week, the Presi- is going to benefit everyone and turn dent’s budget message, annual deficits dent asserted that under his proposal, the economy around, but then the re- will run close to $300 billion a year for 92 million Americans would receive an ality is that it is not. It does not ac- the next 2 years. Even more troubling average tax reduction of $1,083 and that the economy would improve so much complish that goal at all. under the President’s watch, the red Let me just give you some informa- that 1.4 million new jobs would be cre- ink does not appear to go dry any time tion, if I can, about job creation. Last ated by the end of 2004.’’ in the near future, with deficits reach- month during his State of the Union Now, no one disputes the size of the ing over a trillion dollars by 2007. address, the President said we must average tax reduction. But what the Just last week during the President’s have an economy that grows fast President did not say is that half of all Week recess, there was an article in enough to employ every man and income taxpayers would have their the New York Times that said that the woman who seeks a job. Federal debt was near a ceiling for a taxes cut by less than $100, 78 percent Of course, obviously, I agree with second time in 9 months, and I would would receive reductions of less than that statement. Who would not? But, just read the first couple paragraphs of $1,000, and the firm that the White unfortunately, a huge gap again exists that article, which was dated February House relied on to predict the initial between his rhetoric of employing all 20, last Thursday, Mr. Speaker. It says job growth also forecast the plan could Americans and the economic stimulus ‘‘With budget deficits climbing rapidly, hurt the economy over the long run. plan that even the White House says is the Bush administration acknowledged You say, how does the President talk only going to create about 190,000 jobs today that the government had reached about an average tax reduction of this year. its legal limit on borrowing and would $1,083 and then you find out that most He says everyone should have a job. run short of cash by early April unless Americans do not benefit in a signifi- He talks about an economic stimulus Congress once again raised the debt cant way? The reason is because only a plan that will theoretically create ceiling. few rich taxpayers, in a sense, get the 190,000 jobs. But you have 8.6 million ‘‘Because Congress inevitably does largest reduction. So if you take the Americans now actively looking for a raise the ceiling after intense jousting, number of taxpayers and you put it job. He does not have any credibility the announcement will have little, if into the total reduction, you get an av- because—— any, effect on operations. But it high- erage of $1,083, but most of the money ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE lights the new era of red ink that the is going to a very few wealthy tax- The SPEAKER pro tempore (Mr. government faces even before Presi- payers at the high end of the spectrum. RENZI). The Chair would like to remind dent Bush’s latest proposals for more The cut for those with incomes of the gentleman from New Jersey that it than $1 trillion in tax cuts over 10 $40,000 to $50,000, according to calcula- is out of order to question the credi- years . . . the White House now tions by the Brookings Institution and bility of the President. projects a deficit of more than $300 bil- the Urban Institute, would typically be Mr. PALLONE. Mr. Speaker, I accept lion this year and next, as well as defi- $380. For those with incomes of $50,000 your ruling. I did not realize you could cits at least for the next decade.’’ to $75,000 it would be $553. But if you not talk about the credibility, but I are someone at the high end, then you certainly will not use that term again. b 2045 are getting tens of thousands of dollars I just want to point out that when If you talk about the deficit, Mr. back in tax cuts. the President took office in January Speaker, if you think about what the The President primarily when he 2001, unemployment had reached a 40- President has been saying versus re- talks about this tax reduction package year low. Two years later, 1.7 million ality, he really has no credibility. talks about the stock dividends and jobs have been lost. That gives Presi- When he took office in 2001, the Fed- how that is going to help not only turn dent Bush the dubious distinction of eral budget had a surplus of $5.6 billion. the economy around, but help the aver- having the worst job creation record of Not only has he reversed those for- age person, because there are so many any administration in the last 58 years. tunes, but on this President’s watch people, particularly seniors, he claims, So when we talk about job creation the red ink does not appear to go dry that are going to benefit from elimi- and how his economic package is some- anytime in the near future, with defi- nating the tax on stock dividends. how going to create more jobs, it may

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.049 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1313 create a few more, but it is not doing ‘‘The Bush plans,’’ they say, ‘‘are es- choose a private plan, an HMO or some- anything significant in terms of job sentially an effort to limit the Federal thing like an HMO, in order to get the creation as opposed to the amount of Government’s financial responsibilities benefits of a prescription drug plan. jobs that we have seen lost in this eco- and to cap what is now an open-ended It says in the New York Times, ‘‘Crit- nomic downturn. guarantee of specific benefits, in an ef- icism has come from even influential Now I want to talk a little bit in the fort to move from a defined benefit to Congressional Republicans, alarmed at same vein about some of the health a defined contribution.’’ the possibility that the administration care initiatives that the President has Essentially what the critics are say- might be overreaching. They have been put forward, because the bottom line is ing, and this is brought out in this New particularly scathing about the possi- that over the next few weeks we are York Times article, is that these were bility that the Bush plan would require probably going to hear more specifics programs, you talk about Medicare, the elderly to leave traditional Medi- about what he wants to do with Medi- you talk about Social Security, these care and join a private plan to get drug care, with Medicaid, with access to were retirement security programs, in benefits discussed in the earlier draft.’’ health insurance, and also with some of the case of Medicare for health care for Now, the problem with this, again, is the money that is going back to the seniors, in the case of Social Security a fundamental change in the way we States, other than through Medicare retirement benefits for seniors, that operate the Medicare program, because and Medicaid, to pay for some health were basically guaranteed. You paid those who are in Medicare now know it care programs. into this system and you worked over is a guaranteed plan, it is a defined Again, if you listen to what the the years, and then when you reached benefit; if you stay in the traditional President said during his State of the the age of 65, you knew that you had plan, you can go to any doctor or any Union address, basically he said that certain benefits that were defined and hospital and you get your health care he wanted to not only strengthen Med- guaranteed. covered. But what the New York Times icaid and Medicare, but also provide a What the President is proposing now says is that the architects of Medicare prescription drug benefit in the context and the reason it is so radical is be- said the program was created with of Medicare for senior citizens. cause he is basically saying they are some fundamental precepts that the Again, I would like to point out the not going to be defined or guaranteed Bush proposal would undermine; that fact that most of what has been pro- anymore. He is saying in the case of all working Americans pay into the posed with regard to Medicare and Medicare that essentially what you same Medicare system, that the Medicaid, in my opinion, will not only will get is a voucher. You will get a healthy and the sick, the rich and poor, not strengthen the programs but weak- certain amount of money, and you can end up in the same program and all en the programs, and that when he go out in the private sector and see if have the same core benefits when they talks about providing a prescription you can buy health insurance with that retire. drug benefit under Medicare, it is not a voucher, if you will. But you may or The idea that the elderly would be prescription drug benefit that most may not be able to find it, and you do better served by a private nonprofit in- seniors will be able to avail themselves not know exactly what it is going to of. surance market is anathema to those In fact, again, in yesterday’s New provide you with in terms of the ben- veterans of the . They York Times, Monday, February 24, efit package. say before Medicare, the private health With regard to Social Security, of there was an article on the front page insurance market was a failure for the course, he is talking about privatizing, entitled ‘‘Bush Proposes Major Changes elderly, nearly half of whom have no and your being able to take the money in Health Plans. Critics See Less Secu- hospital coverage, and they fear that out and invest it in the stock market rity and Fewer Benefits.’’ private health plans would be at- I would stress that critics see less se- or other types of things, so that there tempted to recruit the healthiest of the curity and fewer benefits because, the is a certain amount of risk, if you will, elderly, leaving sick or more costly pa- gist of this article says, essentially that the money will not be there be- tients in the original fee-for-service what the President is proposing with cause of those kinds of decisions that Medicare program. regard to not only Medicare and Med- you made when you took the money So basically the problem with what icaid, but also with regard to Social away. the President is proposing for Medicare Security, are radical changes in the Let me just get a little more into is not only a practical problem, in the programs and the way these programs some of the specifics, because I think it sense that we are not really sure and are essentially set up. is interesting to see how the New York we really have no reason to believe What I would like to do, if I could, is Times has analyzed this, and also talk based on past performance that the el- just highlight some of the major a little bit about what the Democrats derly would be able to take this vouch- changes in the programs that I call would like to do differently with regard er and buy a good health insurance pro- radical or fundamental changes that to the Medicare prescription drug pro- gram, but the real danger is it under- are being proposed in these three very posal and how the Democratic proposal mines the traditional fee-for-service important programs that are relating is consistent with the guarantees and Medicare program for those who stay to the health care of not only seniors, the tradition and the history of the behind, because they are going to be but poor people of all ages. Medicare program, as opposed to the the sicker and the more expensive peo- I start out by highlighting the first President’s proposal, which is not. ple to take care of. So the problems, if paragraph of this article in the New What it says in this New York Times you will, and the costs of Medicare, are York Times. It says, ‘‘President Bush article, again from Monday, is that Mr. aggravated by the fact that now the has begun one of the most ambitious Bush’s Medicare proposal, being revised Federal Government is paying for an efforts to reinvent Medicare and Med- after an earlier draft drew fire on Cap- older population, if you will. icaid since the programs were created itol Hill, would encourage many bene- 38 years ago. Combined with his earlier ficiaries to leave traditional Medicare b 2100 plan for Social Security, the proposals and get their benefits through private So it is almost a prescription, if you offer a fundamentally different vision health insurance associated with the will, to destroy the traditional Medi- of social welfare policy, many experts program. care program. say. Now, some of the Congressional Re- Now, what does the President do or ‘‘Several architects of those pro- publicans, some of my colleagues on propose with regard to Medicaid? Medi- grams, the people that put the Medi- the Republican side of the aisle, have care, as we know, is the program for care, the Medicaid and the Social Secu- specifically been opposed or have ex- seniors, those over 65, primarily. Med- rity programs together years ago, pressed reservations about the Presi- icaid is a health insurance program for argue that the Bush administration is dent’s Medicare proposal, because what poor people who fall below a certain in- retreating from the goals of the Great he seems to be saying is if you want come. Society and the New Deal and the the benefit of a prescription drug plan, Well, again, I am going back to the promises that government made across that you have to go outside of Medi- New York Times article from yester- the generations. care. In other words, you have to day: ‘‘The issues raised in the Medicaid

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.052 H25PT1 H1314 CONGRESSIONAL RECORD — HOUSE February 25, 2003 debate revolve largely around the role that we better watch very closely. I iors who had contracted with private of the Federal Government. The admin- fear, Mr. Speaker, that with so many HMOs lost their health coverage. In istration proposal would offer States other things going on, that it may be other words, the HMOs simply dropped advanced new power to reduce, elimi- possible somehow to pass significant them. So I just do not think, if we look nate, or expand health benefits for low- changes here without us focusing suffi- at this Public Citizen report, we can income people, including many who are ciently on what they really mean and come to any conclusion other than the elderly or disabled. In return for the what the impact is going to be. fact that saying to seniors that in flexibility and a temporary increase in Now, before I finish, I did want to say order to get your drug benefits you Federal assistance, States would even- that in all of this argument, if you have to go into an HMO or something tually have to accept a limit on the will, about health care, I think that like that, some kind of private insur- Federal contribution to the program.’’ there are two things that are crucial. ance is the answer. It is not. We know Now, critics assert it would replace One is that the number of uninsured in it is not. It does not work; it has not the poors’ entitlement to health care the country not continue to go up, worked. with a block grant to the States just which it has in the last couple of years; So what the Democrats have pro- when the number of uninsured is ris- and, secondly, that we do, in fact, find posed and what makes the most sense ing. Again, Medicaid a program for some way to provide a prescription is simply expanding our traditional poor people, is partially funded by the drug benefit for seniors. Because when Medicare fee-for-service program to in- States, partially by the Federal Gov- I am home, when I am in the district, clude a prescription drug benefit that ernment. What the President is saying I hear primarily those two concerns would be guaranteed for anyone who is, we will give you, the States, the when it comes to health care, which is: wanted it. We use the example of part flexibility to determine what kind of I was working, I lost my job, I do not B. As many people know, Medicare part benefits and who is covered, if you will, have health insurance anymore. Or, I A is hospitalization and Medicare part by Medicaid. In return for that, have my job, but the employer decided B pays for doctor bills, and under Medi- though, in the long run, we are going to drop health insurance. Or, my em- care part B, you pay a certain amount to give you less money. So it is really ployer still offers health insurance, but of premium per month and the Federal a cost-saving device. But what it does now he is providing a package that Government pays for a certain percent- is undermine the guarantee that if you costs me so much out-of-pocket that I age of the doctor bills. We have come are poor and you are below a certain cannot afford to buy it anymore or to up with a plan that would essentially income that you are going to have your take that option. do the same thing with a drug benefit. health benefits. The other thing I hear, of course, You would pay a premium of $25 a It is the same thing in a different very frequently is from seniors who month, a $100 deductible, so that would way that the President is proposing complain about the fact that Medicare be out-of-pocket and then after that, 80 with Medicare in the sense that a pro- does not provide a prescription drug percent of the prescription drugs would gram that is provided with a guar- benefit and that they have tried be paid for by the Federal Government antee, an entitlement, now ceases to be maybe, in some cases in New Jersey, to and you would have a copay of 20 per- and the person is not sure whether they join an HMO that would give them a cent. Because of high bills, if one ends were going to get their health care or prescription drug benefit; but they up spending as much as $2,000 out-of- how they are going to get their health signed up for it, and then later they pocket, then the Federal Government care or what kind of benefits they are were dropped because the HMO decided would pay 100 percent of your costs. going to receive. it really was not profitable to provide a The last thing and the most impor- Now, the last thing that is mentioned drug benefit to seniors, or now the tant thing, I think, in many respects of in The New York Times article yester- copay, what it costs them out-of-pock- what the Democrats propose is that we day is: ‘‘Mr. Bush’s proposal for Social et to pay for the prescription drug cov- have a clause in our proposal that was Security, first offered in the 2000 cam- erage, again is so high that it does not introduced and voted on last session paign, would also break sharply with make sense for them to continue to that says that the Secretary of Health the past by allowing workers to divert stay in the HMO because the benefit is and Human Services who administers some of their payroll taxes to indi- so limited and the cost out-of-pocket is the Medicare program has to negotiate vidual accounts that would be invested so high. for lower prices for drugs, because now in stocks. While its political prospects So I think we have to understand he has 40 million seniors and he can ne- have been dampened by the declining that for Democrats, we feel that these gotiate for lower prices. stock market, Mr. Bush reiterated his two issues must be addressed: the fact So basically, what the Democrats are support for the idea last month in his that more and more people have no saying is, yes, we want to expand Medi- State of the Union address. Both sides health insurance and the fact that we care to include prescription drugs; but agree that the coming debate over need a prescription drug benefit for we want to do it in the traditional way, these proposals,’’ that is all of them, seniors. But I would venture to say so everyone has it, no one has to go to Medicare, Medicaid, Social Security, that with regard to that prescription a private insurance or opt for an HMO ‘‘will be a fundamental clash of polit- drug benefit, to go the way the Presi- to get it, you just get it; and the sys- ical philosophies over the obligations dent is proposing, which is to say that tem is very similar to what we do with of government, the rights of the indi- one has to go out into the private sec- part B under Medicare now for doctor vidual, and the role of the private sec- tor and join an HMO or a PPO or some- bills. tor.’’ thing like that to get one’s drug cov- Mr. Speaker, I see one of my col- Again, I am not an ideologue, Mr. erage, is not the answer. leagues and I yield to him. Speaker, and I am not talking about In fact, the week before the recess, I Mr. RODRIGUEZ. Mr. Speaker, I this in the context of the ideology, actually participated in a press con- thank the gentleman, first of all, for whether it is a conservative or a liberal ference with Public Citizen; and they coming out here tonight and talking a idealogy or whatever; I am just very did a report on Medicare privatization. little bit about some of those issues concerned, and I think we all need to Basically, the report showed dramati- that concern us. I know that as the be, about the practical implications of cally that HMOs and private insurance gentleman talks about health, one of what the President has proposed. When for seniors does not work; that the ex- the things that really bothers me is we have programs like Medicare and perience that we have had in the last now, the President’s proposal, as it Social Security that are so funda- few years where seniors tried to opt for deals with the issue of health, one of mental to so many people in this coun- HMOs in many parts of the country the things that he has done is that he try and we talk about radical restruc- were not available, and where they has begun to look at Medicaid, which is turing of those programs in a way that were available, maybe they lasted for a the monies that go to the most indi- may save the Federal Government few years and then they either dropped gent of this country, and he has also money, but also risks the types of the seniors or it became unaffordable. looked at what we call the dispropor- guarantees that are provided tradition- In my own State of New Jersey, in tionate share. That is the money that ally to seniors, I think it is something the last 2 years alone, nearly 80,000 sen- goes to those hospitals out there that

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.054 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1315 are providing that indigent care that very serious move because right now asking our soldiers to go out and fight, have no reimbursement except what we the Department of Health also with and then we are asking them and their provide them. So these are two areas of , they work with our par- kids in the future to pay for it because serious concern because it deals with ents, they work with our kids; and they of the debt. the most indigent, the most needy in provide not only cognitive skills and So, Mr. Speaker, I am hoping that as our country. educational skills, but also reach out we move forward we will have an op- In addition, he has also looked at to them in terms of services and needs. portunity to talk about these issues what we call the CHIP program. The So what he is choosing to do is he sees and concerns that confront us. CHIP program for Americans out there these dollars out there, and he is I want to touch base just a minute on is the program that addresses the needs choosing to put them in a block grant education, because here we have a bill of those youngsters, of those parents and throw them at the States. that is basically the President’s bill. It that are hard-working, they are work- Well, I can attest to my colleagues, if is the Leave No Child Behind Act. Well, ing, they are making $20,000, $30,000, they come to Texas where I am from, for 2003 we are already going to leave $40,000; but they do not qualify for Texas has had a history of not funding some children behind, because he has Medicaid because they are not poor full-day kindergarten. We only fund cut $7 billion from that. As the pro- enough and they are hard-working. half; the rest of the day is funded only posal comes out for 2004, it is a $9 bil- When they go to the hospitals, they do by the taxpayer through local school lion cut. not get reimbursed on the dispropor- districts. So if that occurs, I can attest So when we talk about a promise, tionate share. So here we have three that we will have a real problem, and and then we come back on that prom- programs: the Medicaid for the most they are going to destroy a program ise of leave no child behind and we cut indigent, the disproportionate share for that has been there providing for those $9 billion from the 2004 proposal, and those hospitals to help them out, for needs. By doing this, they are going to this is at the same time that our providing that care, and the CHIP pro- use that money to supplant because of States are having a rough time, I have gram that addresses the needs of those the fact that they do not have the re- difficulty comprehending what the ra- youngsters of those parents. sources to provide the existing services tionale is. I have difficulty under- He is proposing to lump them all up. that they have throughout this coun- standing, when he has verbalized his Here is a program that is a direct at- try. So I am real disappointed, after concerns for education, but at the same tack on the most needy of this coun- what has happened in his efforts that time he does not display that through try, the ones that are hurting the most when it comes to education, he has not the form of a good budget. in health care; and instead of respond- been there. The budget basically determines ev- ing and providing the needed resources I also want to share, and I do not erything. If he cuts taxes and we do not that are needed out there, he is looking mean to take too much of the gentle- have the resources, I do not care what at providing a block grant and, at the man’s time, but I want to share a cou- we say about anything else, it is not same time, providing those resources ple of other things, because there is a going to be there. So it becomes really to the States. But as the gentleman pattern here. He decided to attack important that we are forthright about well knows, those States are in need Head Start and try to put it into a that. right now. Those States are hurting block grant; he has attacked the most Now we hear that he is willing to when it comes to health care. These needy of this country with Medicaid, come up with about $50 billion on for- are programs that have worked and CHIP, and disproportionate share in eign aid to try to pull off this war, not have somewhat been responsive to terms of health; and he is also now at- to mention that the war might cost us some of those needs. What is he doing? tacking our veterans. These are the in- from $100 billion to $200 billion addi- He is attacking the most needy of our dividuals that have fought for this tional. These are issues that we really population. So that really concerns me. country. At a time that we have de- need to go and talk about before the It really bothers me. I wanted to share clared war, he is asking Priority 7 and American people. that, because I know the gentleman Priority 8 veterans, those veterans I want to thank the gentleman for has talked about health care and the that are making just about $30,000 or coming up tonight and allowing us an importance of health care, and I know so, for them to begin to pay more than opportunity to talk a little about the the gentleman has also been touching what they already do for the services. budget and the issues that concern us. on the budget. And at the same time, not only is he I know that the gentleman has been a What also bothers me is that as he attacking the resources for our vet- constant worker, especially in the area looks at the budget, he is also doing erans, but he is also attacking their of health care. I want to personally the same thing when it comes to the kids. Not the kids of the veterans, but thank the gentleman, and I know we most needy of our children. Under the kids of the servicemen who now we are have another colleague that might Department of Health, we have a pro- asking, or who are out there in Afghan- want to say a few words. gram that is called Head Start, one of istan, we are asking them to go to the Mr. PALLONE. Mr. Speaker, I appre- the most beautiful programs that we Middle East, we are asking them to go ciate the gentleman’s coming down. I have had for a long time. It has been to the Philippines, we are asking them know he has been a leader on the very good. Statistics indicate, it has to be in Colombia. health care issue as well. Let me just been shown that it has been the pro- make a couple of comments about the gram that has responded and has been b 2115 things that he said. I think we have real good for those kids that are out So those are the same soldiers of about 20 minutes or so left. there and has been meeting the needs those kids that now we are saying we The thing the gentleman mentioned of our youngsters. Yet we know it only do not plan to help fund their edu- when he talked about education, that represents 40 percent of the kids that cation through the assistance. So those is so important. I do not want to talk qualify for Head Start that we are are the types of proposals that we have about credibility gaps, I will not use funding at the present time, and it before us. At the same time, he brings that word again; but the idea that one only has 2 percent of the early child- to us a tax cut when we do not have makes a promise with no child left be- hood, those kids that are 2 and 3 years sufficient resources. hind, which means very obviously that old. If we do have a war, if we do have no child is going to be left behind, Yet the President is choosing to de- one, who is going to pay for that war? when we know that in many parts of stroy this program because his pro- At some point in time every war, and I this country in the public school sys- posal is to block grant those monies asked for a CRS study from the Con- tem children are being left behind ei- and give it to the States, when right gressional Research Office, I have ther because they do not have the now those programs are being run lo- found that for every single war we have money or because they cannot locally cally, they are locally controlled, and had, with very few exceptions, we have get the teachers, or whatever the rea- he is going to create, by moving that always had a tax to pay for that war. son. money from the Department of Health In this case, we do not. It is being paid So the President gets up with much to the Department of Education, it is a out of the deficit, which means we are fanfare a couple of years ago and says

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.055 H25PT1 H1316 CONGRESSIONAL RECORD — HOUSE February 25, 2003 no child is going to be left behind. But not have to cover everyone eligible for It concerns me to bring Texas to the when we get a budget with a $9.7 billion Medicaid. forefront again, but as we do so, we use shortfall from what would be necessary We are saying in these hard economic it as somewhat of a model. It is sym- to authorize and carry forth that act, times the Federal Government should bolic, if you will, of the plight of States that no-child-left-behind program, it is do more to guarantee that working around the Nation, which is one of the essentially hypocritical to continue to people that cannot get health insur- reasons why I support the Democratic talk about no child left behind. So I ance are covered. The President is economic stimulus package and our ap- think this is a perfect example of the doing the opposite at the very time proach to the budget, which is to make kinds of things that I have been trying when there are more and more people the choices but make the choices as it to point out tonight. who have the need. It really is a wrong relates to the domestic agenda, if you Going back to the health care issue thing to do. will, and, as well, be very cognizant again, the other thing that I think is so Let me just indicate, the gentleman that we cannot have it all. important is that this week the Na- from Texas (Mr. RODRIGUEZ) said it, we Whatever side of the war question we tional Governors Conference is taking have a problem in health care out happen to be on, and many of us have place. I think it is here in Washington. there. We would think that as a way of expressed our opposition, but whatever I am not exactly sure. What the Presi- responding with the stimulus package, side Members are on, we have to realize dent has been trying to do is to sell that we would not only answer a prob- that this war, if we enter into it, is lem that exists out there such as this Medicaid proposal to the Gov- going to cost at least $9 billion to $13 health care, but we could also address ernors by saying, look, we are going to billion a month. That means that we the problems that our States are hav- give you a lot more flexibility with will have to make choices as to how we ing. this program, but you may get less design the budget; whether or not we money. We may cap the amount of One of the biggest problems and one of the biggest budget problems they take the leadership of our colleague, money that you get. the gentleman from South Carolina, The Governors have already been have is health. So not only do we help the States in addressing the problem of who has raised a very important ques- coming back on a bipartisan basis, tion of making sure that we respect or some of them, saying this is not such a the issue of health care and the defi- cits, but we would also be stimulating show concern for the deficit and make great idea because we do not have the choices for helping people climb out of resources. We know that, as the gen- the economy by doing just that, and solving a problem and doing a good poverty and climb out of a state of eco- tleman mentioned, in the States be- nomic, if you will, deterioration. cause of the economic downturn, most deed in terms of making sure that peo- ple have access to good quality health But, unfortunately, I come to the of the States do not have the money to floor to share the laundry list of con- continue to pay for these health care care. So Mr. Speaker, if I can, I have seen cerns that I have that are not being programs for poor people; or even for the President in terms of his pattern. considered by the present administra- those who are working, like in the In Texas, he did exactly the same tion, that are now the fallout because CHIP program, we call it kid care in thing. He reached out to the Demo- of the proposed tax cut of the present New Jersey, providing health insurance cratic side, and he was very open about stimulus package, but really the im- for kids. reaching out and trying to help in edu- pact of the tax cut of just the last fis- So what we are seeing is with what cation; but he also did a tax cut. cal year that is now trickling down to the President is proposing and the In Texas right now they have about a the States. fewer dollars that he is giving out, $12 billion deficit also. Now, yes, they I left Houston under the very terrible with the number of uninsured, the have a great education bill, but they shadow of my community coming to- number of kids that are going to be have no money to fund it, very similar gether to reach out, with community covered by CHIP are going to be re- to what he did over here. He came out leaders pleading to prevent cuts in duced. The problem is if we implement here and reached out to Senator KEN- mental health services. We are at a this Medicaid program, the States are NEDY and the liberals and the Demo- point now where we are actually clos- going to have the ability to basically crats and talked about education, did ing down services, closing offices that cut back on that as well, so we will see his tax cut and did the education. Now serve outpatients in our community for more and more people that have no we do not have the resources, or we do mental health, mental illness, because health insurance. not have the priority of the resources, we do not have the funding. I am not talking pie in the sky here to fund that same education bill that to my colleague. It has already hap- We have policemen, firefighters, he has authored, and that same bill counselors, academicians, city council pened in my home State of New Jersey. that he ought to be proud enough to Some States have already expanded the persons, mayors, coming together to put in the $9 billion that he agreed to plead with our State legislature. Let CHIP program to cover the parents of when he cut that agreement. So we are the kids, or single adults who are me say that the State legislators are hoping that he does not go back on his certainly struggling with the $10 bil- working but do not get health care on word, and that he fulfills that promise the job. In New Jersey, the Governor lion to $12 billion deficit in the State of leaving no child behind. itself, trying to be responsive; but has already announced that he has to Mr. PALLONE. Mr. Speaker, I appre- frankly, the counties and cities are get rid of those. There is even a ques- ciate the comments of the gentleman. I feeling the brunt. We are literally clos- tion now about whether all the kids are thank him for coming down. going to be covered. So this is not I yield to the gentlewoman from ing facilities in Houston as we speak. We are literally not responding to the something that is abstract. Texas (Ms. JACKSON-LEE). The President would have to make Ms. JACKSON-LEE of Texas. Mr. needs of our constituents for services sure that he provided significantly Speaker, it is interesting to have two dealing with mental illnesses. more resources to programs like S– Members of the House from the State Just yesterday I spoke to a con- CHIP or to Medicaid in order to guar- of Texas. It is a pleasure to join my stituent who had a family member liv- antee that the programs continue to distinguished colleague, the gentleman ing with them who truly needed to exist at the current levels, or to take from New Jersey (Mr. PALLONE), be- have outpatient services, truly was suf- in the people now that, because of the cause he has been a leader on focusing fering; one who was in denial and need- economic downturn, are not covered by us on the choices that have to be made. ed services for the mental illness that health insurance. Certainly, my good friend, the gen- they had but could not get it. What the Democrats propose, the tleman from Texas (Mr. RODRIGUEZ), This is part of the laundry list. If we gentleman remembers, in our economic chairman of the Hispanic Caucus, in do not look at a budget that is able to stimulus package is that we would give his prior life was such an advocate for be grounded not in a huge $600 billion- more money to the States for Med- health care issues in our own State. I plus tax cut to the top 1 percent of the icaid. We would up it by another 2 per- know that the State legislature misses Nation, leaving those in the working cent so they would not have to put out him and his leadership. He spoke elo- middle class economic level without as much State dollars, which they do quently of so many important issues. any remedy whatsoever, this is the real

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.057 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1317 face of the huge deficit that this ad- are suffering, and the children of fami- just in order to respond to a $600 billion ministration is building, people who lies cannot afford the matching permanent tax cut or more. And I want are now being closed out of services. amount. This is a question of making to put the word in there ‘‘permanent,’’ Let me mention something that only choices, of living in poverty or accept- and I think my good friend who is on gets mentioned, I guess, when we go to ing the fact that our children live in the floor said in times of need we al- town hall meetings. I think we frankly, poverty and are malnourished. ways made sacrifice. and this is to the Speaker, need to ad- I heard my good friend from Texas I am not a supporter of the war but dress this, and this is what we call the talking about Medicaid, but I hope it if, for example, that occurred, that is notch babies, or the question of mak- was mentioned that we have a trickle- time for sacrifice. A sacrifice does not ing fair that unequal pension program down effect from that because we have entail a $600 billion-plus permanent tax where teachers are not able to access HHS regulations loosening the, if you cut to individuals at the 1 percent tax the Social Security system because of will, the sort of guidelines that the bracket. But let me add this as I close. a certain pension system that they are State may utilize. What is the reason? Not only the 1 percent tax bracket but in in particular States. That hits Texas Not to make it easy on the State to be the, I believe, nonsensical explanation a lot and several other States. Those able to serve its constituency but to of giving relief on dividend income sug- are some of our senior citizens who are make it easy on the State to cut people gesting that it has been taxed twice. It in a program that now cannot be fund- off of Medicaid. has not been taxed twice. It is taxed as ed, or they cannot move out of that I think in this day and time, some of income to the corporation. They then program to access Social Security, and those very families on Medicaid have give the dividend to the recipients of they are barely making ends meet. young men and women now facing the dividend. It is income and the in- The gentleman has been a leader on harm’s way in the United States mili- come of the individuals. So you are the guaranteed prescription drug ben- tary. Some of those very same families taxing the dividend. The dividend efit through Medicare. One of the are families that are in need of Med- should not have a life of its own. It is issues that Democrats, I believe, to a icaid. And now because of loosening taxing the individuals who, I believe, person, have made a commitment to guidelines, the State may pick and would be willing to sacrifice while we see through, and frankly I believe we choose who will be able to access are in a state or a condition that re- have made a very strong and valiant health care in our community. We just quires sacrifice of all individuals. That commitment to see it through in this passed a welfare bill, and you heard the is ridiculous. session; but that, of course, is a choice debate on the floor of the House. We And let me close on a personal note, that would have to be made in a budget had a bill that would provide a safety because it is very near and dear to us designed to make choices for social net for those who are trying to move in my community and that is NASA. needs and needs of individuals’ domes- themselves out of welfare who may be And, of course, there is a great debate tic agendas as opposed to the agenda coming to a point of reaching sort of a and will be a great debate on the that may lead us into war. cap on Medicaid and child care. And human space shuttle, but I am very That is a concern that I have: Are we now we have passed a bill that did not gratified that over the years we have going to be able to tell those seniors provide a safety net in child care. In gained friends in this House realizing who are today making choices of rent, fact, there were not enough dollars for that the human space shuttle gen- making choices of utilities, and mak- those mothers who want to be able to erates research in HIV/AIDS and ing choices of cutting their drug pre- move or those parents, single parents, stroke, heart disease and cancer. And scriptions in half? Of course, what they whoever it might be, to step out of wel- all of us have offered our deepest sym- do is, they do that themselves. There- fare and have children that need child pathies to the Columbia 7 families and fore, they cause detriment to their care. Here is a safety net that is going to the NASA family, people who are health because of the fact that we are by the wayside. committed to expanding our horizons. not able to build into our budget or be So I believe the budget approach that Well, that is something that we consid- able to fund a guaranteed Medicare we want to take is reasonably adjust- ered a part of America’s culture and prescription drug benefit. ing to and addressing a domestic agen- achievement. I just came from a reception hon- da that this Nation can be proud of; a Now, I hear discussions of budget oring a group that deals with world domestic agenda that would include a cuts that may be looking at cutting hunger. I was told at this meeting that guaranteed Medicare prescription drug human space flight before we even find we are not able, or that we have some benefit, that would include recognizing the answers of the Columbia tragedy of the highest percentages of malnutri- the needs of the individuals suffering and not looking at it for what it has tion in the United States, that our from mental illness. We have always done for Americans and America and children are malnourished. had a problem with that. We have yet the world, giving us the opportunity to I will say to the gentleman that to pass in this Congress the issue of push the intellectual research, sci- Texas is again at the top of the list for parity. And I say that I always have to entific and medical envelope to provide malnourished children and children liv- bring up my dear friend and all of our new discoveries that would help create ing in poverty. The key is that many friend, Senator Paul Wellstone, who better lives not only for Americans, for people complain about the school was a vocal fighter for parity in mental people around the world. breakfast and lunch program. We are illness. We have not reached that. And We have to make those kinds of being told that some children in Amer- the reason why we could not complete choices if we continue along these lines ica are not even able to match the 40 that deal, if you will, was on the ques- of deficit building, huge tax cuts and a percent amount that they need to be tion of the budget and finances and budget that does not focus itself on the able to pay for lunch and pay for choices. Why should we, this Congress, needs of people in this Nation, and of breakfast. year after year and session after ses- course the pending winds of war that sion deny people who rightly deserve may cause us to spend enormous b 2130 the consideration of the people’s house amounts of money, and not only at this I have heard a lot of complaints. I re- and their representatives in Wash- time but in the rebuilding of the na- member 2 years, 4 terms ago, I am try- ington to be able to provide funding or tions that may be impacted as we are ing to remember, 1995, I guess, when we at least matching funds to their State already doing in Afghanistan. had a valiant fight to preserve school governments? So I want to thank the distinguished lunches or to make sure that people Frankly, I believe that it is a shame gentleman for coming to the floor and knew, this Congress knew, in fact, on us, shame on our House and shame bringing these very vital issues up. It some of our colleagues knew that on all of us that we are not able to ad- pains me to have to be able to say to school lunches or the cuts in school dress these questions. We will not be constituents over and over that we are lunches were just unacceptable. I think able to do this if we do not sit down in trying to work on your issues and we we prevailed upon that. But here we a reasonable manner and put forward a are seeking relief when they are suf- are now, full circle, where the funding budget that does not spend all of its fering on a daily basis. I think we need for school lunches, where the States time carving out the needs of others to get to work and focus on a budget

VerDate Jan 31 2003 05:58 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.059 H25PT1 H1318 CONGRESSIONAL RECORD — HOUSE February 25, 2003 that focuses on a domestic agenda that have such a disagreement, if you will, recognize that it would be very dif- makes sense to Americans, but most is because the one that has been prom- ficult for us to go against him. But the importantly addresses the pain that ised that has not yet been con- reality was and what we were all many Americans are suffering right summated, if you will, still requires unanimously in agreement that we now today. seniors to take money out of their could not endorse this nominee and, in Mr. PALLONE. Mr. Speaker, I think pocket, still is sort of a managed-care- fact, that he did not deserve our nomi- we have just a few more minutes, but I type proposal. And my only fear, as I nation, our recommendation. And the am really pleased that the gentle- mentioned by starting out by saying reason we came to those conclusions woman raised the issue, first of all, of that I have doors closed on those suf- was after we had had the opportunity the cost of war and some of the aid fering from mental illness, is that I to interview him, after we had an op- packages like to Turkey that has been have experienced 2 or 3 years ago HMOs portunity to look at the documenta- in the paper the last few days and also just closed up shop on my seniors and tion, and, first of all, we found that Mr. to NASA. Again, my point this evening left. So I just do not want to see that Estrada has no judicial experience. And when we started this Special Order was happen again, and that is why I think when we have looked at the fact that to discuss the President’s rhetoric this is an important challenge. we are going to be nominating this per- versus what he is actually doing with Mr. PALLONE. Mr. Speaker, the no- son for life to a court that will be the the budget and all of promises, if you tion that we will be able to rely on the second most powerful court next to the will, that are made about turning the HMOs in the private sector to provide Supreme Court, we really need to take economy around, creating more jobs, the drug coverage or any kind of cov- note that he has to be a little bit more providing health care, providing pre- erage is totally belied by the reality of responsive about answering the ques- scription drugs, not raising the deficit. what has happened in the last few tions that come before him. He has to And then what we find is that these tax years. In New Jersey alone in the last be a little more truthful about coming cuts do not really help the average 2 years 80,000 seniors taken off, HMOs forward because either he is naive guy, do not do anything really to stim- dropped them. about some of the questions or the fact ulate the economy and are creating If we do not provide across-the-board is that he chooses not to respond on these huge deficits. prescription drug plans the way the But what the gentlewoman is point- the questions that were asked of him. Democrats have devised, we have no ing out is that in addition to that is we And that really disturbed us. guarantee that the seniors will get One might ask, well, let us give him do not have a true budget at all be- their drug coverage. I cannot believe a shot. Well, the reality is that that cause we are not including the cost of after the experience we have had the the war which, as the gentlewoman might be the case for elected officials, last few years that has dramatically said, is estimated at something like individuals that might be here who get shown that HMOs will not provide the $100 to $200 billion. And that does not elected. But here is a person that we seniors with the drug coverage, that include the AID package. Of course, I are going to be appointing for life. Here anyone, including the President, could point to Turkey because that has been is a person that we recognize that we suggest that somehow that is not the in the paper. I do not know how many do not, if we do not ask those questions other countries will be asking for answer. It is, again, the suggestion or will be there for rest of his life. money. I think that was in the tens of the promise that you will do some- It is not a typical appointment of billions, what is being discussed. thing. The reality will be very different someone like ourselves that we run for None of this is in the budget. And so because they will not be able to find office that you might say, well, let us the reality is we may wind up with a that kind of coverage. It will not exist. give this candidate an opportunity to situation that by the time this budget f serve. If he does not make it, then we will not vote for him the next time. is adopted in the appropriation bills by NO SUPPORT FOR MIGUEL That is not the case when it comes to the end of the fiscal year where there ESTRADA NOMINATION have to be even more cuts if you are Federal appointments. They are in The SPEAKER pro tempore (Mr. going to implement, more cuts in there for life. So it becomes really im- health care, more cuts in the things BEAUPREZ). Under the Speaker’s an- portant that the Senate have the op- that we were discussing, education, if nounced policy of January 7, 2003, the portunity to have the documentation you are still going to have these tax gentleman from Texas (Mr. RODRIGUEZ) that is needed, to have the documenta- cuts and pay for the cost of the war or is recognized for 60 minutes. tion that is asked of them, and it is Mr. RODRIGUEZ. Mr. Speaker, I perhaps bigger deficits. something that is fair. thank the Speaker for allowing us the Again, it is just a very sad situation b 2145 because I think that the President has opportunity to be here tonight. to be forthright with what he is really I wanted to come out tonight to talk As elected officials, one of the things doing and not say that we are going to a little bit about the issue that the that we are told from the very begin- be able to turn the economy around Senate is having to deal with and that ning, at least the advice I was given and do all of these things and give tax is the issue of the nomination of some time back, was that be very care- cuts and fight a war and not increase Miguel Estrada. And I want to person- ful as an elected official about writing the deficit. It does not add up. It just ally, first of all, thank the Senators letters of endorsements, and so I take does not add up. And it is really incum- that are choosing not to support the that very seriously. I never write let- bent upon us over the next few weeks nomination. And I want to personally ters of endorsement unless I know the as we move forward and adopt some thank them because I know that as a person, and even then, in certain cases, sort of budget to make the points that caucus we had appointed the gen- if I know the family, but we have to be the two of you have been making to- tleman from Texas (Mr. GONZALEZ) and very cautious because we do not know. night because we are not, I do not the gentleman from California (Mr. In this case, the Senate has an obli- think we are being honest with what is BECERRA) and the gentleman from New gation, a constitutional obligation, a really going on around here and we are Jersey (Mr. MENENDEZ) and several responsibility, to make sure that if trying to be honest. And we have to others to look at the nomination proc- they nominate someone, that they call the President and the Republican ess. And we have had a process where have had a chance, because it is kind of leadership to task about what they are we have asked Members to come for- giving a letter of recommendation, and really going to be able to accomplish. ward, and my understanding is that we this is a letter of recommendation as a So I want to thank my colleagues. have always, every single Hispanic that form of a nominee and accepting the Ms. JACKSON-LEE of Texas. Mr. has ever come before us we have ap- nominee for life. So they have to make Speaker, just for a moment, I want to proved. This is the first nominee that sure that, if nothing else, the person is make sure the gentleman emphasizes we have chosen not to approve. able to respond to some of the ques- that they are promises made, but they And the reason we have done this, tions that are up there and to be able are promises not kept. and it was not an easy decision, it was to respond in a way that allows an op- The one point I want to make on a a hard decision because of the fact portunity for us to learn a little bit prescription drug benefit, while we that, after all, he is a Hispanic and we about the candidate.

VerDate Jan 31 2003 05:58 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.061 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1319 One of the things that I know he has I want to ask my colleague the gen- area, to serve on the Second Circuit been asked time and time again about, tleman from California (Mr. BECERRA) Court of Appeals. Some consider the for example, simple questions about who is here with me to say a few words Second Circuit Court of Appeals the which court cases does he think have because I know he participated on the second most important court in the been wrong or have been decided or committee, and I want to ask if he land after the U.S. Supreme Court. have been harmful, which court cases would come forward. This individual who has been nomi- have not. I am not an attorney but I ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE nated by the President is in many re- could tell my colleagues that there The SPEAKER pro tempore (Mr. spects a blank page. He has never have definitely been some court cases BEAUPREZ). If I might remind Members served as a judge. He has not, as far as out there, some of the cases that al- to be very cautious in their reference I know, written any legal articles, cer- lowed for slavery, Plessey versus Fer- to the Senate. Members should not tainly not since his law school days. He guson, and a lot of those cases that al- urge action by the Senate. has not provided any writings that are lowed us not to treat African Ameri- Mr. RODRIGUEZ. Mr. Speaker, I essential to determine what his philos- cans as full human beings. Those could thank the Chair. I will be. ophy is, what his background has been be easily responded to, but he chose I yield to the gentleman from Cali- in the law. He is a question mark. not to do that. He chose not to open up fornia (Mr. BECERRA), and I want to Some would consider him a phantom and talk about his concerns. thank him because I know that in Cali- candidate. And to believe that the U.S. We asked the Senate to continue this fornia LULAC has also decided to go in Senate would just vote to confirm an effort until we get a response from the opposition to the nomination. So I individual, without going into the candidate. And one of the things that I know, coming from California, I want qualifications of an individual, is not want to share is I know there is a lot to thank him personally for that. only unconscionable but it is down- of dialogue about the fact that we are Mr. BECERRA. Mr. Speaker, let me right scary, and yet that is where we Hispanics and we ought to be sup- begin first by thanking the gentleman are today. The worst part about this whole situ- portive. The reality is it is because he from Texas (Mr. RODRIGUEZ) for yield- ation with this confirmation process is is Hispanic. We also want to hold that ing me some time and for taking this that it seems that some are trying to anyone accountable, but more so any- opportunity to speak on a very impor- toy with this nomination and play this one who is Hispanic; and before we tant issue which oftentimes, given the as a battle on ethnicity; that because would ever go against it, we would crush of the agenda here in Wash- Mr. Miguel Estrada, a U.S. citizen, is make sure that it would be for the ington, D.C., potential war with Iraq, right reasons. One of the concerns that not being confirmed automatically be- potential war with North Korea, with a we have is that he is just not respon- cause the President has nominated growing budget deficit that is now sur- sive. He has not, and the reality is that him, that it must be because people are passing $200 billion for this year and we he does not have the experience that a anti-Hispanic. thought we were going to be looking at lot of other attorneys have had. I thought quite some time ago, the Once again my colleagues say, well, budget surpluses, the fact that more most important court of the land, the he is well qualified. But we have a lot and more Americans are losing their U.S. Supreme Court, decided that we of municipal judges out there, we have jobs, the fact that we have more than do not operate in this country based on district judges out there, we have had 42 million Americans today that are quotas and that a person does not get some of our own Members, the gen- without health insurance, the fact that in because they have a particular eth- tleman from Texas (Mr. GONZALES), has in almost every State in the Union, nicity or they are a particular race or been a judge and has had some experi- Governors are talking about having to because they are a particular gender; ence in that area. There is a great cut back on what they will do for that they must prove themselves. Cer- number of other people that are well schools, and as a father with three lit- tainly we can consider everything that qualified that could basically serve, tle girls, all of those things have to makes a person an American, their but the administration chose to bring concern us. They certainly concern me. background, all those factors, but that one of the most difficult candidates. At So without putting aside those very one factor alone does not grant a per- the same time, I know that the Senate important issues, I believe that it is son the right to such an important po- has confirmed more than a hundred important this evening to talk a little sition, certainly one where a person other candidates. So this is one can- bit about another very important role would serve for a lifetime. didate that we have a problem with. that Congress plays with regard to the But yet this controversial nominee, The other side talks about the fact Nation’s life; and, that is, helping se- and across the Nation everyone is call- that, well, he is a Hispanic and that we lect the lifetime appointees to our Fed- ing this a controversial nominee, is be- ought to push forward because of the eral courts. And I believe it is very im- fore the U.S. Senate. The President is fact he is a Hispanic. Well, someone portant to point out that we are talk- asking for a vote on this gentleman, has to stand up and say the king has no ing about a lifetime appointment. Once and this is an individual who has re- clothing, and in this case, there is this individual who must be nominated fused to answer some of the most basic, nothing there. Maybe there is. Maybe by the President, then confirmed by most fundamental questions that have after he opens up and addresses the the Senate, is so confirmed, that per- been asked of previous nominees in the questions that are out there, we might son is entitled to remain in that posi- past, and it makes it very difficult to decide that, yes, he ought to be nomi- tion until he or she expires. And so understand why we would want to go nated; but at this point, we stand on that person will be setting the course down the route of ever, ever confirming the fact that we are not endorsing the of this Nation’s future, not just for us any individual who is not willing, who candidate and we are hoping that the but for our kids and well beyond that refuses to disclose information about Senate stays with that. with his or her actions and words. himself or herself, that would lend to Let me talk about a couple of other For that reason, the Founding Fa- the Senate the ability to cast an in- nominees. I know we have had Richard thers of this great Nation decided that formed judgment on whom should serve Paez on the Federal district court in while the President has the right to in the courts of this country to dis- Los Angeles. On June 16, 1994, the Sen- nominate, it is the obligation, the duty pense justice for all of us as American ate unanimously confirmed Richard under the Constitution of our country citizens. Paez to the Federal district court. for the U.S. Senate to confirm, to pro- That constitutional duty that the That was after he had waited for a long vide, as the words of the Constitution Senators have should not and never time before that ever occurred, and he say, its role is to advise and consent has, as far as I know, been taken light- was one of the ones that I think waited the President of the United States. ly. But in this particular case, when we the longest, with difficulty. So we have It is very interesting in this par- have someone who has refused or failed had a lot of nominees that have waited ticular case, as my colleague and friend to answer simple questions, who is a long time, and I would ask the Sen- from Texas has pointed out, that we your role model on issues of judicial ate to take this nomination extremely have a nominee who has been nomi- philosophy, what cases have you seen serious and would ask them to really nated by the President, Mr. Miguel as important in driving the legal agen- look at those issues that are before us. Estrada from the Washington, D.C. da and the direction of our judicial

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.063 H25PT1 H1320 CONGRESSIONAL RECORD — HOUSE February 25, 2003 process in this country, simple ques- I believe it is very important as we that racial profiling exists, and has tions are still unresolved. move forward that Congress fulfill its many times argued that the Constitu- Basic information in document form, obligations, and they are obligations tion gives police officers unbridled au- at a time when we have a nominee who that none of us here voted on to make thority and power. In our community, is such an unknown, open question, it the law. It is something that was she writes, racial profiling does exist basic documents that relate to his done more than 200 years ago by our and our children have been subjected to work when he worked for the Solicitor Founding Fathers who believed when it. This is an issue that Latino organi- General’s Office for the Federal Gov- the Constitution of the United States zations, including LULAC, have long ernment have not been disclosed, and was written back in 1787 that it was cared about. In all of the years that I the White House refuses to provide important to make sure that that co- was involved with civil rights, LULAC those documents. equal branch of government, the legis- always stood to protect our commu- It almost seems as if we are being lature, participated in decisions that nity, including our youth, when law en- told in this country that because would be made by the executive forcement exceeds their authority. Miguel Estrada happens to have a last branch, the President, to fill the third I am also concerned, writes President name that is Hispanic, because he is of coequal branch of government, the ju- Robles, that Mr. Estrada did not allow immigrant background, and I applaud diciary. the Senate to fully evaluate his record. all those things, what he has succeeded I am very pleased that the gentleman He was not open in his responses, but in doing in getting himself educated from Texas (Mr. RODRIGUEZ) has taken instead was evasive. Yet anyone ap- and hopefully becoming a successful the time to call for this special order pointed to a lifelong position has to be citizen for the rest of his life, but be- to give us an opportunity to talk about willing to answer questions fully. The cause of that, does he receive a free this particular controversial nominee American people have a right to know pass to a lifetime appointment as a and what it means to the American who sits in our seats of justice and to judge on the Federal bench? public and to the American future demand that person be fair. I know that most of us here are very when it comes to dispensing of justice. Mr. Estrada has also taken actions proud to be Members of an institution I hope that we can engage in further against organizations that make me that has reflected a democracy older conversation. believe that he would not be fair. For than any in the world’s history, and I Mr. RODRIGUEZ. I want to thank example, she writes, as an attorney, he believe each and every one of us would the gentleman from California (Mr. argued that the NAACP did not have say that we are proud that we have BECERRA) for being here tonight be- legal standing to put forward the earned the right to be here because cause I know that he worked diligently claims of African Americans who have Americans helped us, through their on that committee established by the been arrested under a particular ordi- vote, to get here. But we had to earn Congressional Hispanic Caucus of nance. As a former National President the opportunity to be here. No one which we, over 20 Congressmen of LULAC, she indicates, I know very granted us, as a result of some quota, throughout this country, represent a well that on many occasions LULAC an opportunity to serve in this House, good number of the Hispanic popu- has been a champion of the rights of its and there is no difference in the impor- lation throughout this country. I know membership in civil rights cases. We tance of that other branch of govern- that as you well know how difficult it asserted those rights on behalf of vot- ment, the judiciary, than there is in was for us to make this decision but we ers in voting cases in Texas and in the legislative branch, to prove your felt an obligation and responsibility. many other civil rights cases. Under mettle, to show your qualifications, to I want to share with the gentleman, his view, Mr. Estrada could decide that indicate that you are prepared to dem- we had the LULAC group, the State a civil rights organization such as onstrate you have the disposition to be group out of California, come forward. LULAC would not be able to sue on be- a judge. Mr. BECERRA. For those who may It boggles the imagination to believe half of its members. No supporter of not know what LULAC is, it is the that in the Senate we may see a vote civil rights could agree with Mr. League of United Latin American Citi- on an individual who is still an un- Estrada’s confirmation. For that, she known commodity to the American zens. It is the oldest civil rights organi- writes, I oppose the confirmation of public, someone who will be dispensing zation representing Hispanics nation- Miguel Estrada. justice on the most important issues of wide in the country. I know the gentleman has had the Mr. RODRIGUEZ. I want to thank the day: war, abortion, the right to pleasure of meeting Mrs. Robles, a you because I know the State LULAC education, health care, the rights of great leader in this country, and has group out of California went forward in seniors. It seems incredible to believe been there working in behalf of our that we have to stand here today to opposing the nomination. I have two constituency and continues to do that, talk about this, but this controversial letters here that I want to talk briefly and so I was very pleased to also have nominee has put us in this position. about. They are both past Presidents of received her letter. I know the gen- I applaud those Senators, all of those LULAC, they are all leaders in our tleman from California has had the Senators who are standing up not just community; President Robles, Belen pleasure of knowing her. for what they believe is right, but for Robles, in opposition to the confirma- I also have before me, I wanted to the history of this country and stand- tion of Miguel Estrada. share with you, because I was also ing up for the Constitution of the President Robles, President, National pleased to hear from another past United States of America that says the President of LULAC, past President, President of LULAC, and this is Presi- Senate must, must perform its obliga- writes, I write to join other Latino dent Ruben Bonilla, in opposition to tion to advise and give consent to the leaders and organizations in opposing the confirmation of Miguel Estrada. President of the United States on judi- the confirmation of Miguel Estrada to President Bonilla, as he expressed his cial nominees. I hope that they will the D.C. Circuit Court of Appeals. As a concerns, talks about, and I will read continue to insist that anyone wishing native Texan, she writes, I have a very just part of that. He says, it is particu- to serve in a lifetime capacity dis- long and active involvement in the larly troubling that some of the Sen- pensing justice in this country as a Latino civil rights community and ators have accused Democrats or other judge in the Federal courts will provide have worked hard to ensure that Latinos of being anti-Hispanic, or hold- that information. Latinos have real choices about their ing the American dream hostage, he lives. I am a past President of the writes. Yet these same Senators in fact b 2200 League of United Latin American Citi- prevented Latinos appointed by the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE zens, LULAC. Clinton administration from ever being The SPEAKER pro tempore (Mr. I am deeply troubled with the nomi- given a hearing. Notably, Corpus Chris- BEAUPREZ). Members are reminded to nation of Miguel Estrada. I am very ti lawyer Jorge Rangel, he recalls— be very cautious about urging action troubled with the positions he seems to President Bonilla is from Corpus—and by the Senate. have taken about our youth being sub- also El Paso attorney Enrique Moreno Mr. BECERRA. I thank the Speaker jected to racial profiling. As I under- and Denver attorney Christine for that admonition. stand his position, he does not believe Arguello never received hearings before

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.066 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1321 the Judiciary Committee. Yet these in- who will serve for a lifetime on our ju- secondly, everything that has been ut- dividuals who came from the top of dicial courts, that we have to discuss tered or provided seems to indicate their profession, were schooled in the this in terms of brown versus white, that he is far from the mainstream. Ivy League, were raised from modest Republican versus Democrat. I think it But again it is tough to say. Maybe he means in the Southwest and in fact is unfortunate because, quite honestly, is close to the mainstream. It would truly embodied the American dream. Miguel Estrada has been his own worst help if he would disclose some of that He further says, these highly qualified enemy, because he has refused to pro- information so we could make a deci- Mexican Americans never had the op- vide information that would give peo- sion on this very controversial nomina- portunity to introduce themselves and ple sufficient ability to discuss and tion. their views to the Senate as Mr. then entertain his nomination and vote It is interesting when you think that Estrada did. on a confirmation. I think at the end of if the President really wanted to make In addition to my concerns regarding the day, if Mr. Estrada does not move a point about appointing an Hispanic this double standard, and he talks farther through this confirmation proc- as a judge, and I hope what they were about a double standard in his letter, I ess, he has only himself to blame. looking for was an American who was am also concerned that Mr. Estrada Certainly I do not believe the admin- extremely well qualified and prepared showed himself unwilling to allow the istration, the White House, has done and happened to be Hispanic to be Senate to fully look at his record. He him any favors in refusing to produce judge, but it seems like it was just the was not candid in his responses, as any- the documents that would give the reverse, he was Hispanic and put him one who saw the interview would have Senate a better sense of who this per- out there to be the judge, that the come to that conclusion. Yet Mr. son, who has never served as a judge, President would have taken the time, Estrada, as every other nominee who is who has never taught a class in law, and others would have taken the time a candidate for a lifelong appointment, who has not published an article on the to recognize that if you want to get must be prepared to fully answer basic law since law school days, is not will- qualified individuals, there are over questions, particularly where there is ing to provide any additional informa- 1,000 sitting judges today in America, no prior judicial record. tion. over 1,000 judges, State, Federal, local In this case he has no record because Because this has become a very in- level judges throughout America who he has never been a judge, so it is dif- tense debate by those wishing to make are American and happen to be His- ficult, and you being an attorney can this into more than what it is, I think panic. But, no, instead of that, it looks understand that, in terms of looking at it is important to address those issues. like the White House picked someone how we can scrutinize or whether he is Some people are saying, well, Demo- who has very little record, very unwill- scholarly or not. crats don’t want this gentleman be- ing to disclose, and the White House is This is a comment by Ruben Bonilla, cause he is Republican and he is con- unwilling to provide documents to help the past President of LULAC, also: By servative. You don’t want a conserv- us understand. declining to give full and candid re- ative Republican Hispanic. That goes It is unfortunate but there is a con- sponses, he frustrated the process. Indi- contrary to the fact. stitutional obligation here and we viduals with values should be called to Last Congress when the Senate, in must recognize that the Senate must explain those values honestly and majority, was Democrat, you saw the do its job. As much as I want to see a forthrightly, he adds. He also indi- Senate Democrats swiftly confirm six diverse America prosper with a diverse cated, we can demand no less from Hispanic judicial nominees who were judiciary, I will stand here and say those who would hold a lifelong ap- chosen by President Bush: Christina that I am first and foremost an Amer- pointment in our system of justice. Armijo of New Mexico, Judge Phillip ican, and I am very proud of it, and I Finally, I am also concerned, writes Martinez of Texas, Randy Crane of am very proud of what I have been able President Bonilla, with some of the an- Texas, Judge Jose Martinez of Florida, to accomplish in life, having grown up swers that Mr. Estrada did give when Magistrate Judge Alia Ludlum of in a home, was the first born in a place he was pressed. For example, I under- Texas, and Jose Linares of New Jersey, where we had about 580 square feet of stood that as an attorney, he argued all Republican, all Hispanic, all swiftly house in a one-bedroom home for my that the NAACP did not have legal confirmed by Senate Democrats. three sisters and I, with parents who standing to press the claims of African Then we have heard the charge made did not have much of an education. But Americans who had been arrested that, well, you don’t want him simply we were very fortunate. We had great under a particular ordinance. because he is Hispanic, that Senate parents. They to this day continue to And he writes, as a former National Democrats are anti-Hispanic; which be great parents. That will drive others President of LULAC, I know that on would be farthest from the truth, be- to greatness as well. But let it be that many occasions LULAC has rep- cause if you look back at the record, we prove ourselves. Let it be that we resented the rights of its membership most of our appellate court judges, are willing to show who we are. in voting cases and in other civil rights most of our district court judges, have Is there something that Mr. Estrada matters. I would be troubled that if he been appointed by Democratic Presi- is hiding? Is there any reason why the were confirmed, Mr. Estrada would not dents. I should only remind those who American public should wait until find a civil rights organization to be an keep saying that of the 10 Hispanic ap- after the fact instead of before the fact appropriate plaintiff, and would uphold pellate judges currently seated in the to know about this gentleman that closing the courthouse door on them. Federal courts, 8 were appointed by wishes to have a lifetime appointment? As we see these letters of these lead- President Clinton. Three other His- ers, two Presidents of LULAC, we see panic nominees of President Clinton’s b 2215 the concerns that they have expressed, to the appellate courts, I should men- Let us know now so we can make in- and mainly because of the lack of in- tion, were blocked by Republicans, as formed decisions on who will serve us formation that we have received and well as other district courts, the trial on the bench, and I believe Congress the fact that he has been unwilling to court level nominees by President Clin- that when we stand here and say that come forward. I am hoping that as we ton, also blocked by Republicans when we find it very difficult to support a move forward, he might come back and they controlled the Senate. process to move forward on confirma- respond to some of those questions. Some will say, well, what we are tion of Miguel Estrada, it does pain us. I know that the gentleman from Cali- really finding is that you are just try- It pains us quite a bit because we know fornia wanted to make a few more com- ing to get your kind of judge. The prob- that on the judiciary we do not have ments. lem here is we do not know what kind the kind of diversity that we see today Mr. BECERRA. I cannot agree with of judge Mr. Estrada might be. We have in America; but we want to see it filled what the gentleman has said more. I no concept of it. He has been unwilling with the most qualified, the most pre- believe the gentleman from Texas is to volunteer information on that. So, pared individuals, those who have helping to set the record straight. It is first, that is an unfounded accusation shown the temperament, the disposi- fascinating that as we are here dis- because no one knows enough to say tion to dispense justice for all Ameri- cussing a very important subject of what kind of judge he would be, and, cans, whatever their color, whatever

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.069 H25PT1 H1322 CONGRESSIONAL RECORD — HOUSE February 25, 2003 their background; and that is why we Mr. BECERRA. That is a crucial Mr. BECERRA. Hispanic presidents. have an obligation to insist as Ameri- point because people are saying, you Correct. cans and as Members of Congress that would not do this to anyone else and Mr. RODRIGUEZ. Fifteen members. the Senate abide by the Constitution we have never done it to anyone else in Not just one, 15 past presidents of the and its role to advise and consent and the Senate. That is not true. What is Hispanic National Bar Association; and make sure that when the decision is being asked of the White House to in their letter, if I can, let me just read made, they have made it for the right produce memoranda that were prepared a couple of quotes. It says: ‘‘We the un- reasons for the entire American public. by Mr. Estrada during his time with dersigned past presidents of the His- And I cannot say at this stage that the Solicitor General’s office is no dif- panic National Bar Association write any of us can believe that this con- ferent than what was asked for of in strong opposition to the nomination troversial nominee has gone anywhere Judge Bork when he was before the of Miguel A. Estrada for the judgeship near the point where anyone can feel Senate for confirmation to become a on the Court of Appeals in the District comfortable voting to confirm him to a Supreme Court Justice. It is no dif- of Columbia. lifetime position. It is difficult to say; ferent than what was asked of Mr. Wil- ‘‘Since the Hispanic National Bar As- and I wish we did not have to stand liam Bradford Reynolds, who was nom- sociation, establishment in 1972, pro- here when there are other issues like inated to be the Associate Attorney moting civil rights and advocating for potential war, poverty, unemployment, General for the Department of Justice. judicial appointments of qualified His- lack of health care, failing schools. Yet It is no different from what was asked panic Americans throughout our Na- we must discuss this because we know of Benjamin Civiletti, who was nomi- tion have been our fundamental con- the courts and these individuals who nated to be the Attorney General. It is cerns. Over the years we have had a wish to be judges will be making deci- no different than what was asked of proven and respected record of endors- sions for all of our kids, all of our Steven Trott, who was nominated to ing,’’ and I say again, ‘‘of endorsing’’ grandparents, our parents, our brothers the Ninth Circuit Court of Appeals, and and also ‘‘not endorsing or rejecting and our sisters, our military men and it is no different than what was asked nominees on a nonpartisan basis of women. They will be making decisions of today’s Supreme Court Justice, both Republican and Democratic Presi- Chief Justice William Rehnquist, when that affect their lives, and we have to dents.’’ he was nominated to be the Supreme make sure that the Senate does the This is a group that has been both Court Chief Justice. No different. Democrat and Republican; and they go right thing. So at this stage what can People say we have never seen a proc- we say but continue, Senate, to fulfill on to talk about their criteria, and ess where Senators are on the floor pre- they do a very good job of how they the obligation, to receive the informa- venting a vote on this through a clo- evaluate the nominee. And the gentle- tion they need, to be able to advise the ture motion trying to prevent a fili- man’s being an attorney, he probably President and then give consent if it is buster. There is no filibuster. Business understands some of this. Then they fi- merited to any nominee that the Presi- can take place in the Senate. That is nally at the end say: ‘‘Based upon our dent wishes to put before the Senate something that is occurring not as a for confirmation as a lifetime judicial result of those objecting to this process review and understanding of the total- appointment. on Mr. Estrada; and it should be men- ity of Mr. Estrada’s record and life’s I think it is great that the gentleman tioned that since 1980 there have been, experiences, we believe that there are from Texas (Mr. RODRIGUEZ) has taken I believe, some 15 to 18 occasions where more than enough reasons to conclude the time to have this Special Order this process which we are seeing played that Mr. Estrada’s candidacy falls here, and I hope we will continue to out in the Senate has occurred where short in these respect. We believe that have this discussion. We are not debat- in order to have a nominee before the for many reasons including his vir- ing. It is hard to debate someone we full Senate for a vote, we would have tually nonexistent written record, his know little about. But it is great to had to have the 60-vote majority in verbally expressed and ‘nonreputed’ ex- discuss it because that is what America order to get there. So when people get treme views, his lack of judicial or aca- is all about. out there and say this is unprece- demic teaching experience (against Mr. RODRIGUEZ. Mr. Speaker, I dented, it has never happened before, which his fairness, reasoning skills and want to thank the gentleman from that is just not the fact; and we should judicial philosophy could be properly California (Mr. BECERRA) personally, know that there is history to prove tested), his poor judicial tempera- but also maybe he can correct me if I that we need Senators who will stand ment,’’ of which we experienced person- am wrong, but I have been here 6 years up for the American people and the ally, ‘‘his total lack of any connection and in the whole process this is one of Constitution to make sure that that whatsoever to, or lack of demonstrated the first nominees, I think, that we person, once lifetime appointment is interest in the Hispanic community, have opposed and the gentleman would granted, will do the right job because his refusals to answer even the most correct me if I am wrong, and I know he or she is qualified. basic questions about civil rights and that we took it very seriously. We did Mr. RODRIGUEZ. Mr. Speaker, I constitutional law,’’ and they go on, not take it lightly. We recognized the want to reinforce the importance that ‘‘his less than candid responses to importance of the nomination process, people understand because I know we other straightforward questions of Sen- but as Latinos in this country, we also have heard some people say he is well ate Judiciary Committee members, and felt an obligation and responsibility to educated, let us give him a chance. You because of the administration’s refusal make sure that if there is anyone who might say to someone who is going to to provide the Judiciary Committee is nominated up there that we feel that be elected for 2 years, let us give him a the additional information and co- maybe they have not been forthcoming chance. That would be fine. But here is operation . . . ’’ in their answers that that needs to a person we are going to appoint for So it seems like the administration happen, and so one of the things I the rest of his life. It is not a chance. is kind of deliberately putting him on think it is important is that here we We do not have a chance to come back the front, knowing full well that there have a Latino Hispanic who is not and take him down, if they are not were concerns with this candidate; yet being responsive and for them I think qualified, if we find something else they chose to bring him forward, and the gentleman mentioned the issue of that they might have responded to or we wonder why when my understanding being anti-Hispanic. We are asking the done or whatever. This is the time to is that the Senate has looked at over person just to respond to the questions. do the right thing. These people get ap- 100 candidates and they have all been Just as there would be an Anglo or pointed for life. They do not have a sec- approved. This is the first one that we anyone else, we would expect them to ond chance on this. So as an attorney, have decided we are not going to ap- do the same. I know the gentleman recognizes that prove because we do not have the right Mr. BECERRA. Mr. Speaker, could I fully. information. stop the gentleman from Texas (Mr. I also wanted to share that I got a Mr. BECERRA. Mr. Speaker, what RODRIGUEZ) on that point? letter that is signed by about 15 presi- the gentleman from Texas (Mr. Mr. RODRIGUEZ. Mr. Speaker, I dents of the Hispanic National Bar As- RODRIGUEZ) is pointing out, I think, so yield to the gentleman. sociation. very well is that no one wants to get up

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.071 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1323 and speak out against a nomination of that we have the most qualified people has any history or understanding of an individual whom the President puts serving on our judicial bench, and I what has occurred in the past, that has forward if we do not have to because we hope they will continue that; and we bothered me when we asked those ques- want to give respect to the decisions of are going to stand here day after day in tions. the executive to move forward, but we vigil to make sure that we get across Mr. BECERRA. In pointing out that have to do something. We have to to the American public what is at the Mexican American Legal Defense speak up for what the Constitution stake here, not as Hispanics, not as mi- and Educational Fund has taken an ex- stood for. And as someone who, as I norities, but as Americans who are plicit position against him, the gen- said before, would love to see a diverse fighting to make sure that the best tleman from Texas (Mr. RODRIGUEZ) is America reflected in its judiciary as people are going to make those deci- absolutely right, that MALDEF has well, it pains me, but we are acting sion on those courts for all of us. been at the forefront of issues affecting now not as Hispanics. We are acting Mr. RODRIGUEZ. Mr. Speaker, I Latinos, and if anyone understands now not as Latinos. We are acting now know the gentleman from California what the courts have meant to minori- not as minorities. We are acting as (Mr. BECERRA) is also from L.A., and I ties and to the Hispanic community Members of Congress, the 435 of us in wanted to also mention to him that specifically, it is MALDEF; and having, the House and 100 in the Senate, with one of the leading organizations that is I assume, tried to piece together what- the responsibility to act for the entire stationed there as an office in Los An- ever information they could get about American public of some 280 million geles is MALDEF, the Mexican Amer- this controversial nominee, the Mexi- people. ican Legal Defense and Education can American Legal Defense and Edu- Those 280 million people depend on us Fund, and they have openly come out cational Fund has taken a position op- to make the right decisions, and it is in opposition also of the nomination of posed to this controversial nominee. not just for the 37 million Latinos in Miguel Estrada, and I know the presi- I, with great respect, listened to this country. It is not just for those dent and general counsel of MALDEF, what MALDEF says because they have who are immigrants. It is for everyone. the Mexican American Legal Defense been at the forefront. The gentleman And I would hate to see the day come and Education Fund, Antonia Her- mentioned Lau v. Nichols; Plyler v. when we believe that simply because nandez, has strongly opposed the nomi- Doe, which dealt with education, the the person is nominated by the Presi- nation; and I know that she has writ- basic right of education; Bakke v. U.C. dent or the person looks or sounds a ten letters on their behalf, and this is Board of Reagents, which dealt with di- particular way that we will act a cer- a well-respected organization within versity in our universities and colleges; tain way. We have to be prepared on the Hispanic community throughout MALDEF, they are at each one of those issues that require constitutional con- this country that when it comes to the cases. firmation, that we move forward delib- legal area, the gentleman’s being an at- We need to know. What will happen eratively, that we have all the informa- torney understands that they have when we have a court that is very di- tion that the public would want to been there on the forefront for our vided on choice for women, where one have. No one back home, whether in issues that confront us, and one of the vote could turn the situation in Amer- the gentleman’s district in Texas, my things that I know concerned us when ica on the Supreme Court, where we district in California, or any other dis- we did the evaluation was that here we are right now debating whether there trict in this Nation, no one would go had a candidate who was not willing to will be diversity in our institutions of and look for an attorney or a doctor or come forward and respond to the ques- higher learning before the United a dentist or an accountant not knowing tions, and in some cases I kind of felt States Supreme Court? All of these anything about the person’s back- whether the person was either naive things matter. The decisions made by ground. One would not have surgery by about our history as a community, as a the Senate to confirm or not an indi- some doctor one has never met and Latino community in this country. vidual matter, because they will have know nothing about. One would not There is a history that has been out an impact. give an important case to an attorney there, a history that depicted the So before the decision is made, before that one knew nothing about, that one struggle of Latinos in this country as the vote is cast, before the confirma- met on the street. One would not go to we have confronted the issues of bilin- tion occurs, the Senate and the Amer- a dentist to pull out his wisdom teeth gual education, for example, that has ican public are entitled to know who if they had no way of knowing that this been so important in our schools, and this phantom nominee is. person would do a decent job, and when we asked him whether he was Controversial nominees go the way of someone is not going to send their kids aware or not of the Lau v. Nichols, I controversy, and in America I hope to any school without having some am not an attorney, but I know about that means that they will not prevail. idea of what kind of education their Lau v. Nichols because it is a decision Controversy is not the way this democ- child can receive. that has had a tremendous impact on racy has operated. We try to come to- And the same applies in the case of the Hispanic community in this coun- gether as a people. the courts of the United States for life- try because it is about bilingual I believe that we have an opportunity time appointments. This controversial education. to come together as a people and have nominee should not expect that the the President put before the Senate in- American public will let his name b 2230 dividuals of full qualification who have move forward without knowing some- He was either naive about the law or the preparation to serve on our courts, thing about him; and when we have chose not to respond in reference to the the highest courts of the land. that information, then we can make law. I believe that we still can resolve this some decisions. And I believe that So that really kind of concerned me, in a way that will be constructive for there must be something he is hiding that he was not willing to come for- all. But let there be no mistake; there because for him not to come forward ward on that basic law that has meant should be no give on this issue by any with it, if he is so qualified, he is so so much to us. If someone, whether Senator, there should be no give by any prepared, then he is holding himself up. they be Anglo or Hispanic or whoever, American in this country, to the stand- As we say in Spanish, es una hoja en if they have no history in terms of the ards set forth by the Constitution more blanco, he is a blank page. Es su pior importance of the struggles of African than 200 years ago. Those standards enemigo, he is his worst enemy, be- Americans in this country, the strug- have served us well and we should con- cause it is he and the White House who gles of Hispanics in this country, the tinue in that vein. have placed him in this predicament; struggles of women in this country, ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE and it is only he and the White House what kind of judge are we going to be The SPEAKER pro tempore (Mr. who can remove him from this predica- having? BEAUPREZ). Members are reminded to ment, and by goodness I hope that So I think it is important, if nothing be very cautious, once again, about sooner or later they recognize that else, in terms of hearing whether there urging action by the Senate. there are Senators who determined to is even an understanding that there has Mr. BECERRA. Mr. Speaker, I want fulfill their obligation to make sure been a struggle out there, whether he to thank the gentleman from Texas

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.072 H25PT1 H1324 CONGRESSIONAL RECORD — HOUSE February 25, 2003 (Mr. RODRIGUEZ) for having yielded me As we talk about Saddam Hussein Now, Mr. Speaker, I am no fan of so much time. I believe this is an im- and the need for him to abide by the Milosevic. In fact, I think he is where portant issue. agreement that he reached with the he belongs, in the Hague before a war Perhaps it is cloaked by the many U.N. And the U.N. Security Council 12 crimes tribunal. But, Mr. Speaker, to- issues that are before us today that are years ago, as we discuss the fact that night I am going to lay out the evi- of great importance to the American the U.N. inspectors have not yet been dence that will make the case that public. This is one of those issues that able to determine that he in fact has Saddam Hussein makes Milosevic look in the future would surface if it were a taken apart his weapons of mass de- like a common street criminal. In fact, bad decision, and hopefully, if we can struction, there is in fact one set of I am not the only one that feels this deal with this in a good way and make facts, Mr. Speaker, that are obvious, way, Mr. Speaker. sure that we vote only on those who that are documented, and that need ac- Let me quote from a recent op-ed are forthright and forthcoming in in- tion. that ran this past Sunday, written by formation, that this will be something It is for this reason that I rise this Richard Holbrooke. Now, Richard that in 10 years, in 20 years, in 100 evening to present to this body, our Holbrooke was the U.S. Ambassador to years will not come back and bite us colleagues, our country and the world, the United Nations under President anywhere on our body, because what the facts that will support a resolution . Let me quote from Mr. we do not want to see is that we dimin- that I will introduce in this body on Holbrooke’s op-ed that ran nationwide ish the standards that we use to place Thursday of this week, a bipartisan this past weekend. people in lifetime positions on the resolution, with the gentleman from ‘‘When one considers that Saddam courts of the Federal Government. Maryland (Mr. CARDIN) and the gen- Hussein is far worse than Slobodan That is an important task. tleman from Maryland (Mr. HOYER), Milosevic and that Iraq has left a long I appreciate that the gentleman has and a whole host of other Democrats trail of violated Security Council reso- taken the time to call for this special and Republicans, that calls for the lutions while there were none in order. President to require and request the Kosovo.’’ So Richard Holbrooke, the Mr. RODRIGUEZ. Mr. Speaker, I U.N. to convene a special war crimes U.N. Ambassador under President Clin- thank the gentleman very much. Noth- tribunal to hold Saddam Hussein ac- ton, has publicly acknowledged as re- ing would be worse than to set a very countable for the egregious acts cently as this past week that, in his negative precedent, where a person against human beings that he has per- opinion, Saddam Hussein is far worse would be confirmed without having to petrated over the past 20 years. than Slobodan Milosevic. respond to the questions that have Mr. Speaker, it is certainly time that This country went to war to oust come before them. Nothing would be the world holds Saddam Hussein ac- Slobodan Milosevic. This country mur- more harmful to the Constitution, that countable. dered innocent Serbs with bombs to allows the opportunity for the Senate Mr. Speaker, the facts are all over oust Slobodan Milosevic. And who to review nominees, than for them to the place. They have been documented pushed this country? France and Ger- go without asking for those questions by human rights groups, by Amnesty many, because the French and Ger- to be asked. International, by agencies of the U.N. mans were concerned that Milosevic Tonight I want to thank everyone for and the U.S. Government, and by other was in their neighborhood. allowing us this opportunity, and I nations around the world. In fact, there In fact, Mr. Speaker, in a quote from want to thank the Senate and those or- have been specific actions taken by the a book just recently released, The ganizations throughout this country, U.N. The United States budget in fiscal Threatening Storm, by the expert on the past presidents of LULAC who have year 2001 and 2002 contributed $4 mil- Iraq during the Clinton administration also gone in opposition, as well as lion to a special U.N. Iraqi War Crimes in both the CIA and the Security Coun- many other organizations throughout. Commission to document the evidence, cil, Ken Pollack, one section docu- f some of which I am going to put out ments the Saddam Hussein regime in this evening. Iraq, and I want to quote from this GENERAL LEAVE The United Nations Security Council book, which I think every Member of Mr. RODRIGUEZ. Mr. Speaker, I ask and the Commission on Human Rights this body should read. It is page 122, unanimous consent that all Members have repeatedly condemned Iraq’s discussing the Iraqi state and security. may have 5 legislative days within human rights record. On April 19, 2002, Again, this individual, Ken Pollack, is which to revise and extend their re- the United Nations Commission on an acknowledged intelligence expert on marks and include extraneous material Human Rights passed a resolution Iraq. This is what he said: on the subject of my special order. drawing attention to ‘‘the systematic ‘‘Max Van der Stoel, the former The SPEAKER pro tempore. Is there widespread and extremely grave viola- United Nations Special Rapporteur for objection to the request of the gen- tions of human rights and of inter- Human Rights in Iraq, told the United tleman from Texas? national humanitarian law by the Gov- Nations that the brutality of the Iraqi There was no objection. ernment of Iraq resulting in an all-per- regime was of an exceptionally grave f vasive repression and oppression sus- character, so grave that it has few par- tained by broad-based discrimination allels in the years that have passed THE NEED FOR FURTHER UNITED and widespread terror.’’ since the Second World War.’’ NATIONS ACTION ON IRAQ In fact, the United Nations Security In other words, Mr. Speaker, that the The SPEAKER pro tempore. Under Council Resolution 674 called on all Saddam Hussein regime has not been the Speaker’s announced policy of Jan- states to provide information on Iraq’s equaled since . Not uary 7, 2003, the gentleman from Penn- war-related activities and atrocities to Slobodan Milosevic, who the Germans sylvania (Mr. WELDON) is recognized for the U.N. and French supported militarily to re- 60 minutes. Mr. Speaker, it is amazing to me as move, but not since Adolph Hitler. Mr. WELDON of Pennsylvania. Mr. we heard Americans, especially those Let me continue. ‘‘Indeed, it is to Speaker, I rise this evening to lay on coming from Hollywood, recently on comparisons with the obscenity of the the record information that needs to be our national media outlets, praising Holocaust and Stalin’s mass murders brought to the attention of this body and defending Saddam Hussein as a that observers are inevitably drawn and every American as we struggle man who can be trusted, as someone when confronted with the horrors of with the current crisis involving our who will do the right thing if just given Saddam’s Iraq. Saddam’s Iraq is a state relationship with Iraq. the right amount of time. that employs arbitrary execution, im- We have seen a lot of information, in It is amazing to me that this country prisonment and torture on a com- the media, a lot of public protests, both went to war just a few short years ago, prehensive and routine basis.’’ against and for action that this coun- pushed very aggressively by France A full catalogue is not yet totally try might need to take, but there has and Germany, to remove Milosevic available, but tonight we are going to been one major part of the debate that from power in Yugoslavia because he put on the record, Mr. Speaker, the ex- has been missing. was allegedly committing war crimes. amples that are available.

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.076 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1325 Let me read again some from Ken to the rhythm of songs. The beatings Let us talk about some of the docu- Pollack’s account, and these are not were done by led pipes, by clubs, by mented human rights violations within the most pleasant facts, but they are rifle butts, by rubber hoses, by black Iraq. Again, these are all documented, facts, Mr. Speaker. jacks and batons, by kicks and punches Mr. Speaker, documented through ex- ‘‘This is a regime that will gouge out the to the face, neck, ears, prior injuries, tensive files, portions of which I will eyes of children to force confessions from genitals and kidneys. Malice to their lay into the RECORD this evening for their parents and grandparents. This is a re- knees, cat-o’-nine tails, burning of in- our colleagues to review. In Iraq, this gime that will crush all the bones in the feet dividuals with cigarettes, including the is what Saddam has done: killing of of a 2-year-old girl to force her mother to di- butts being placed into open wounds. prison inmates to account for over- vulge her father’s whereabouts. This is a re- Urination on POWs. Genital investiga- crowding. Loss of freedoms of speech, gime that will hold a nursing baby at arm’s tions and harassment to determine if press, assembly, association, religion, length from its mother and allow the child POWs were circumcised as Jews. Mock movement and due process; arbitrary to starve to death to force the mother to confess. This is a regime that will burn a executions, threatened dismember- punishment of death for suspected vio- person’s limbs off to force him to confess or ment, threatened castration, cattle lations of laws, political disagreements comply, a regime that will slowly lower its prod shocking, talkman shocking, elec- and social actions; beheading of pros- victims into huge vats of acid, either to trocuted wires run around a person’s titutes and displaying of heads. Iraq is break their will or simply as a means of exe- head attached to the ears, causing mas- the country with the highest number of cution. This is a regime that applies electric sive convulsions in the jaw, knocking disappearances reported to the working shocks to the bodies of its victims, particu- out teeth, sexual abuse, fingernail ex- group on enforced and involuntary dis- larly their genitals, with great regularity. traction, person hung by their feet appearances established by the Com- This a regime that in 2000 decreed that the with barbed wire. mission on Human Rights. Beating of crime of criticizing the regime, which can be Iraqi soccer players because they lost a as harmless as suggesting that Saddam’s Mr. Speaker, these were American clothing did not match, would be punished citizens, and this is how they were game. Refusal to permit visits by by cutting out the offender’s tongue. treated by Saddam Hussein in direct human rights monitors. Campaign of violation of the international agree- murder, summary execution and pro- b 2245 ments on caring for prisoners of war. tracted arbitrary arrests against reli- A regime that practices systematic rape This was not made up, Mr. Speaker. gious followers of the Shia Muslim pop- against its female victims. A regime that These are documented cases involving ulation, the Kurds. Harassment and in- dragged in a man’s wife, daughter, and fe- America’s sons and daughters. timidation of relief workers and U.N. male relative and repeatedly raped her in Where is the outcry in America? personnel, removal of children of un- front of him. A regime that forced a white- Where is the outcry in Hollywood and wanted minority groups to get them hot metal rod into a person’s anus or other from those experts on TV and the mov- from cities and regions, and only 48 orifices. A regime that employs thallium ies who claim to know all about how percent of the supplied medicines and poisoning, widely considered one of the most Americans were treated by this mad- equipment to clinics and hospitals. The excruciating ways to die. A regime that be- headed a young mother in the street in front man in Baghdad? And what about the rest were in government warehouses of her house and children because her hus- actions that have been documented by overflowing. band was suspected of opposing the regime. Amnesty International, by all of the This is a man who challenged our A regime that used chemical warfare on its major groups that monitor human President to a debate. What an abso- own Kurdish citizens, not just on the 15,000 rights of what Saddam did against the lute joke, Mr. Speaker. This man de- that were killed and maimed at Halabja, but Kuwaitis and the Kurds? serves to debate no one. This man de- on scores of other villages all across Let me again run through some of serves to be taken to the Hague and de- Kurdistan. A regime that tested chemical those cases that have been docu- serves to have a war crimes tribunal and biological warfare agents on Iranian mented, including knifings, boring convened to lay out all of the charges prisoners of war and used the POWs in con- holes in bodies with drills, tongue and trolled experiments to determine the best that have been brought forward against ways to disperse these agents to inflict the ear removal, hammering nails into him in a formal way by the U.N., and greatest damage. hands, eye-gouging, inserting broken this resolution we will put into place bottlenecks into rectums, pumping air All of this, Mr. Speaker, I quote, and on Thursday will have this body go on and gasoline through people through is from the documentation by Ken Pol- record in asking that that be done. their rectums and other orifices and Let us talk about the chronology of lack, the intelligence expert on Iraq then igniting the gasoline until the murder of Saddam Hussein, Mr. Speak- during the Clinton administration in bodies exploded. Pouring acid on skin, er, again, all documented. Not docu- the book available to everyone in forcing detainees to watch the torture, mented by the U.S. Government; docu- America entitled ‘‘The Threatening rape and execution of others and rel- mented by international groups that Storm.’’ atives, random and unjustified killings, monitor human rights, documented by But, Mr. Speaker, it is not just Ken electric shocks to the mouth, forcing the U.N. special rapporteur for human Pollack. In fact, the citations and women to eat flesh cut from their own rights. Let us go through them in a documentations of the violations of body, removal of eye balls, placement chronological order. human rights by Saddam Hussein are of people into rotating washing ma- In 1979, the purge of the Baath Party overwhelming and comprehensive. As a chines, execution by electric drill, cut- leadership, members were forced to member of the Human Rights Caucus ting with razors, rubbing salt into confess to invented crimes and then ar- in this Congress, I am outraged that wounds, castrations, blow torches, sus- bitrarily executed. Family members there has been no solid vocal outcry, pension from ceiling fans. were held hostage. In 1980, Saddam led not just from this body and America, Mr. Speaker, all of these actions are the attacks on the Fayli Kurds, re- but from those countries in Europe, es- documented and conducted and ordered moval of the Kurds in Baghdad and the pecially Germany and France, who by Saddam Hussein and those people southern cities of Kut, Basra and Hilla. claim to be for the human rights of in- currently in control in Baghdad. Forced expulsions from homes to Iran. nocent people. Where is the outrage, Mr. Speaker? Execution of most captured young Let me summarize. The methods of France and Germany, pushing America males; there was an unknown amount torture, the human rights abuses docu- to go in to remove Milosevic who com- of these young males that were exe- mented by our special military com- mitted ethnic cleansing; none of the cuted. Fourteen tons of captured Iraqi mission looking into our own POWs charges against Milosevic at the Hague secret police documents, videotapes that Saddam held against the Geneva at this point in time come anywhere and pictures provided a character of Convention that controls the treat- near the atrocities that Saddam Hus- Iraqi rule over the Kurds that has been ment of prisoners. Let me read the doc- sein has been documented as having matched by no one since the great Hol- umentation in summary. committed on a regular and routine ocaust of World War II. In fact, there is Americans experienced the following: basis. There is no shame in those coun- enough paperwork to document over 21 service members captured during tries, Mr. Speaker, because it is unbe- 200,000 murders. Desert Storm were all covered by the lievably a double standard and total Mr. Speaker, where are the French Geneva protections. They were beaten hypocrisy. and the Germans who cried to America

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.078 H25PT1 H1326 CONGRESSIONAL RECORD — HOUSE February 25, 2003 to get Milosevic out of power for his of political opponents with bulldozers held accountable for those crimes right ethnic cleansing, when we have docu- in Basra, nine in Jamhuriyah, five in now at the Hague, in a trial that has mentation through the U.N. and these Al-Zubier, seven in Al-Karmah, 12 in been going on for almost a year. NGOs that Saddam Hussein has been Abo Al-Khaseib, and five in Al- Mr. Speaker, the French and the Ger- responsible for the murder of 200,000 Tanumah. July 20, 1999, demolished six mans, where were they in this case? people? In 1980, Mr. Speaker, the inva- houses in Thawra after the detention of They were pushing America: Get your sion of Iran, a clear violation of article their entire families. troops over here, America. Get this 2, section 4 of the U.N. charter. Launch man out of power. He is a brutal dic- b 2300 of indiscriminate attacks on civilian tator. He has committed ethnic cleans- targets. Use of human shields, physical But here is a man, Mr. Speaker, who ing. Help us rid Europe of him because and mental torture of captives, all doc- has a family of human rights abusers of of the crimes he has committed against umented, on-file offenses. Eight mili- the worst possible kind. It is not just humanity. In the words of Richard tary offensives in 1988. Systematic Saddam. Holbrooke, who was our U.N. Ambas- campaign of extermination and geno- His son, Udai Hussein, created the sador during the nineties under Bill cide waged against the Kurdish popu- Saddam’s martyrs, who go around, Clinton, Slobodan Milosevic does not lation of northern Iraq. Code name 30,000, dressed in black, and they are come anywhere near Saddam Hussein Anfal comes from a Koranic verse that known for executing and doing grue- in terms of committing war crimes. legitimizes the right to plunder women some public spectacles of killing the Mr. Speaker, do I detect a double and the property of infidels. During President’s critics. In fact, he is standard here? Do the French think this time there were mass executions known, when there is a sporting loss, that Milosevic is worse than Saddam? and indiscriminate killings of fighters for torturing and in some cases killing The U.N. does not think so. Are the and civilians. There was an order very the athletes because they have not French denying the facts of the U.N. similar to the Nazi order of ‘‘sturm and been successful. His group has also special rapporteur? Are the French and nebel’’ to proclaim thousands of square been known to abduct women from the Germans not realizing the gross atroc- kilometers of Kurdistan to be a free- streets. ities that have occurred against human fire zone in which neither human nor Qusai Hussein, the deputy for his fa- beings, or do they not want to admit to animal life was to remain. ther’s military security and intel- what occurred? Saddam during that time used chem- ligence, heads Amn al-Khass, and they Let me go through some more evi- ical weapons and poison gas. He forced have also conducted outrages against dence, Mr. Speaker. I take this infor- resettlement. He destroyed between innocent people. mation from the Report on Iraqi War 1,000 and 2,000 villages. The estimated Finally, Lieutenant General Hussein Crimes prepared under the auspices of killings during that period was be- Kamal Hassan al-Majid, is known as the U.S. Army. This was released on tween 50,000 and 100,000; but it may be ‘‘Chemical Ali’’ for his brutality March 19, 1993, as a result of an intense as high as 182,000 people. There were against the Kurds, especially for his investigation of our own citizens who 16,496 reported disappearances in 1988. use of weapons procurement and weap- were captured by Saddam. These are Mr. Speaker, I cannot hear the ons of mass destruction, and being able specific cases. Americans and members French and the Germans. Where is to sneak in those supplies that the U.N. of this body can ask for the docu- their outrage, Mr. Speaker? Are the has prohibited. mentation of these cases and they can French so blinded by oil that their This individual defected. He returned get them. principles have gone down the cess- to Iraq after having received a pardon. POW number 1, file number 176.1. Our pool? Was Slobodan Milosevic so bad What happened? Saddam murdered him own Americans were exhibited as war that he is in the Hague being tried, but and he murdered his family, his own prizes. They were urinated on. They Saddam Hussein who has committed blood relatives. were beaten constantly, including to these crimes is not worthy of action by Mr. Speaker, we have people in this the rhythm of a song on a radio. the U.N.? country and we have people in France, POW number 2, file number 176.2. He Let us go on, Mr. Speaker. In 1990, we have Jacques Chirac, saying we was abandoned by his captors in spite the invasion of Kuwait, Saddam orders should trust Saddam Hussein, just give of having a broken leg. In fact, they to kill any civilian found after curfew him time. Mr. Speaker, it is time to put an Arab headdress on him. or bearing anti-Iraqi slogans on homes. lay the facts on the table. It is time to POW number 3, file number 176.3. A violation of the clear contravention hold Saddam Hussein accountable. Saddam’s troops beat and kicked him of article 2, section 4 of the U.N. char- Whether one is for military action or while being transported; punched him ter. Systematic torture as a method of against it, this resolution does not dis- in the face; hit him in the head with a extracting information. Holding thou- cuss that. Whether one supports Iraq, rifle; kicked him in a circle, and in- sands of foreign hostages to dissuade whether one disagrees and does not jured his leg; beaten severely with a their countries from joining the coali- support Iraq, whether one thinks there lead pipe; and from the guards’ boots tion and used as human shields, includ- should be more time, 2 months, 5 smeared on the face. He had multiple ing Americans. months, 12 years, it does not apply to cigarette burns all over his body from In 1991, the invasion in March, at- this resolution. This resolution simply Saddam’s leaders. tacks on civilians following a cease-fire says that we must hold this regime re- POW number 4, file number 176.4, in the cities of Basra, Najaf, Karbala; sponsible for the crimes they have American POW. Dragged by the hair, massive executions, bombarding resi- committed against humanity. kicked by the captors, sexually mo- dential areas, destroying religious Mr. Speaker, I call upon my col- lested during transport, slapped and shrines. And how about other actions leagues to hold this man accountable, spat upon, threatened with death. That before 2000, Mr. Speaker? Mass execu- at least equal to the way we are hold- was a female, Mr. Speaker. tions in a grave in Burjesiyya, a dis- ing Slobodan Milosevic accountable. Where are those in America express- trict near Zubair south of Basra, tor- Mr. Speaker, just a few short years ing outrage at what this man ordered turing and extended detentions pre- ago there were claims from the admin- to be done to our citizens? ceding the deaths due to suspicion of istration that there would be mass POW number 7, file number 176.7. Ka- political demonstrations. In April 14, graves that we would find in Serbia rate-chopped, forced to make a video- 1999, 56 detainees charged with treason containing perhaps millions of bodies. tape. who were executed at Abu Ghraib on Well, several years after the fact, the POW number 9, beaten with fists, ba- August 10 of 1999; 26 prisoners were exe- truth did not quite bear that out. That tons, rifle butts; kicked in the head cuted at Abu Gharaib prison. March of is not to lessen the atrocities of and legs broken; beaten to the rhythm 1999, the bombarding of residential Milosevic; he is a war criminal, make of a song; knocked unconscious many areas of tribes by an armored division no mistake about it. But there was a times; forced to make a videotape; number 6 in Basra, Al-Ghameigh, Bail gross exaggeration of what he had beaten in the stomach and back with Wafi and Bait Sayed Noor. January, done, even though the crimes he com- club, resulting in long-term pain to his February, 1999, destruction of 52 houses mitted were outrageous. He is being kidneys; eye injuries from his beatings.

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.080 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1327 Mr. Speaker, these are actions docu- off their tongues and ears; cutting off this Thursday I will introduce along mented by Saddam Hussein against their body parts with saws; gouging out with colleagues from both sides of the American citizens. We have Saddam their eyes; castrations; hammering aisle, there are already over 25 co-spon- Hussein now on international TV pro- nails into their hands; shootings; rapes; sors, and I urge all of my colleagues to claiming he is for peace, he is against inserting broken bottlenecks into their sign on to a resolution to ask our war. Mr. Speaker, cut me a break. Are rectums; pumping air or gasoline into President to appeal to the U.N. to con- we that naive? Are we that short of our their orifices; pouring acid on their vene a special war crimes tribunal memory that we do not understand skin; Asian and Kuwaiti women rou- against Saddam Hussein. what this man has done over the past tinely raped by Iraqi soldiers; all of Mr. Speaker, we did that for 20 years? this documented by the official com- Milosevic, and he is today being tried Let me go through some more exam- mission of our Army and sent to the for those crimes he committed against ples, Mr. Speaker. U.N. for further action. innocent people in the former Yugo- As we know, in capturing a prisoner- How about some specific cases, Mr. slavia. Innocent Kosovars, innocent of-war, the only thing a prisoner has to Speaker, that were also filed with the Serbs, innocent Montenegroans, inno- do is to state their surname, first and U.N. that took place in Kuwait City? cent people that Milosevic thought he last name and rank, their date of birth, b 2310 could abuse. He deserves the full and their army or unit that they are weight of the punishment meted out by involved with. That is all they have to This Kuwaiti citizen file number that special tribunal. give under the special protections 66.01015 was arrested by the Iraqis at Is Saddam Hussein any less deserving under the Geneva Convention. That is his home on the 23rd of December 1990 of a tribunal? Are all of these cases it. and held until mid-December. During documented by the U.N., by these In the case of our POWs, Saddam his captivity he received repeated beat- NGOs, by other governments, should consistently, along with his military, ings and electric shocks to his mouth, we just discard them and pretend that grossly abused their rights and tor- nose and genitalia. He was suspended they do not exist and let Saddam go on tured them. In fact, he forced them to from the ceiling and subjected to mock as if nothing has happened? do things that are absolutely sickening executions. He witnessed the torture of Mr. Speaker, we have not done right to read. other Kuwaitis by techniques which in- by the American people. We talk about POW number 12, assaulted twice with cluded forced ingestion of gas causing the need to deal with Saddam because a cattle prod; beaten with a hard rub- abdominal pains, forcing a woman to he has chemical precursors for his ber stick while being interrogated by eat flesh cut from her own body, an weapons of mass destruction, because the voice; assaulted with a stun gun; an execution by ax, removal of eyeballs, he has missiles that will go longer than AK–47 placed against his head and dismemberment, burning with a hot what the U.N. said he could. They are threatened with execution as a war iron, execution by electric drill, and all violations, and they are all material criminal; threatened with dismember- placement of a person into a large ro- breaches of the agreements that were ment; shocked with a Talkman; mul- tating washing machine. reached by Saddam and the U.N. 12 tiple beatings. Mr. Speaker, we are not dealing with years ago. But why, Mr. Speaker, is POW 13, struck with hands, fists, a a human being. We are dealing with an there not more discussion about this wooden club, blackjack, and sticks; animal. We are not dealing with a per- man for the evil person that he is? punctured his eardrums; loosened his son that we can have some feeling of a The U.N. special rapporteur said, No teeth from the beatings; beaten so se- moral authority. This man is the low- one has come close to this kind of ac- verely he could not walk and could not est of the low, Mr. Speaker. It has all tivity since World War II, since the stand. been documented through thousands of great Holocaust. No one, Mr. Speaker, Mr. Speaker, there is a lawsuit that pieces of information assembled by including Milosevic. Is the world going has been filed in the courts of the Dis- nonprofit organizations, organizations to ignore the activities of Saddam Hus- trict of Columbia. The lawyer rep- concerned with human rights viola- sein? Are we going to ignore the atroc- resents these brave American POWs tions by governments around the world ities he committed against our own who are suing Saddam and Iraq because and by the U.N. itself. It has been docu- people when they were captured? If of what he did to them. Is America mented. It is time to hold him account- that is the case, then international going to stand behind these brave able. agreements mean nothing. The Geneva young people? Are we going to stand up Mr. Speaker, here is a man, with all Convention has no basis. The Helsinki and hold Saddam accountable for what the documentation we have, who some Final Act has no meaning. If we are he did, or can they only sue civilly in people say we should trust. If you lis- not going to hold leaders who commit a court, as documented by this law- ten to Jacques Chirac, whose country such outrageous acts accountable, then suit? has millions of dollars of oil contracts we might as well not have those acts, Mr. Speaker, I am going to ask spe- with Saddam Hussein and who himself those agreements existing in the first cial permission to have texts of this is a personal friend of Saddam’s, we place. lawsuit entered into the RECORD, even should trust this man. Shame on Mr. Speaker, this body, our body can though it will cost extra money, be- Jacques Chirac. Mr. Speaker, shame on take action soon, to lay out to the cause I want every one of our col- Jacques Chirac. By defending someone world those who support military ac- leagues and every American to under- like Saddam Hussein, by not having his tion and those who oppose military ac- stand the facts of what was done to our government take action to hold this tion, that regardless of whether or not citizens by Saddam Hussein and by his man accountable, he has no moral au- you think war is inevitable, there is evil subordinates in his military. thority. In fact, in my opinion he has one thing that we all can agree on: Let us go on to Article 32, docu- no credibility. Saddam Hussein is a war criminal. mented by the Army also back in 1993, Our government, Mr. Speaker, can do There is no doubt about that. the specifics of some of which I men- the right thing. Members on both sides Those who understand the facts, tioned already. of the aisle have introduced resolutions those who look at the documents, Iraq’s violation and Saddam’s viola- in the past 10 years. The Senate has those who see the evidence understand tions of Article 27 and 32, which were voted on a resolution in the past 10 that this man comes as close to Adolf absolutely outrageous: torturing Ku- years. One of my Democrat colleagues Hitler and Joseph Stalin as anyone waiti nationals. Widespread and bar- offered a resolution, has an amendment that we have seen in the last several baric actions, such as beatings on all in the Committee on International Re- decades. parts of the body with various imple- lations just recently holding Saddam And so, Mr. Speaker, I appeal to our ments; beating people while they were accountable. colleagues to co-sponsor this legisla- suspended in air; hanging with cables; This body has repeatedly publicly tion before I drop it. Our colleagues breaking appendages; knifings; extract- called on the U.N. to hold Saddam ac- have that opportunity. Democrats and ing their finger- and toenails; boring countable, and I think we should do it Republicans are already on. We have holes in their body with drills; cutting again, Mr. Speaker. And so, therefore, over 25 Members and that was in the

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.083 H25PT1 H1328 CONGRESSIONAL RECORD — HOUSE February 25, 2003 first day. I would hope that we would Whereas on April 19, 2002, the United Na- Ms. MILLENDER-MCDONALD (at the re- end up with over 300 co-sponsors and tions Commission on Human Rights passed a quest of Ms. PELOSI) for today and the send a signal to the world that Saddam resolution drawing attention to ‘‘the system- balance of the week on account of per- Hussein is an unacceptable leader be- atic, widespread and extremely grave viola- sonal business. cause of his war crimes. tions of human rights and of international humanitarian law by the Government of Mr. PETERSON of Minnesota (at the Again, Mr. Speaker, and I know I Iraq, resulting in an all-pervasive repression request of Ms. PELOSI) for today and have said this before, but it really irks and oppression sustained by broad-based dis- the balance of the week on account of me because initially I opposed the crimination and widespread terror’’; medical reasons. Kosovo war, not because I support Whereas United Nations Security Council Mr. SNYDER (at the request of Ms. Milosevic, he is a war criminal, but be- Resolution 674 calls on all states or organiza- PELOSI) for today and the balance of cause I felt that we had not brought tions to provide information on Iraq’s war- the week on account of medical rea- Russia in to use their influence to get related atrocities to the United Nations; sons. Milosevic out of power. In fact, Mr. Whereas Iraq’s aggressive pursuit of nu- Speaker, I led a delegation to Vienna clear, chemical, and biological weapons, and f with five of our Democrat colleagues its past use of weapons of mass destruction against its own people and Iraq’s neighbors SPECIAL ORDERS GRANTED and five of our Republican colleagues. illustrates the danger of allowing Saddam By unanimous consent, permission to We took a State Department official. Hussein to go unchallenged; address the House, following the legis- And with the support of our State De- Whereas torture is used systematically lative program and any special orders partment, we flew to Vienna; and for 2 against political detainees in Iraqi prisons heretofore entered, was granted to: days around the clock working with and detention centers; (The following Members (at the re- the leaders of the Russian political fac- Whereas this regime gouges out the eyes of quest of Mr. RUPPERSBERGER) to revise tions, we fashioned a statement that the victims, crushes all of the bones in their called Milosevic a war criminal for his feet, and burns a person’s limbs off to force and extend their remarks and include ethnic cleansing. We laid the ground- him to confess or comply; and extraneous material:) Whereas citizens of Iraq live in constant Mr. DEFAZIO, for 5 minutes, today. work with the help of the Russians fear of being tortured, kidnapped, or killed: that became the basis of the G–8 docu- Mr. MEEK of Florida, for 5 minutes, Now, therefore, be it today. ment to end the war 10 days later. Resolved, That consistent with Section 301 Mr. Speaker, we were prodded into of the Foreign Relations Authorization Act, Ms. KAPTUR, for 5 minutes, today. war against Milosevic by the French Fiscal Years 1992 and 1993 (Public Law 102– Mr. LANGEVIN, for 5 minutes, today. and the Germans. They were bold back 138), House Concurrent Resolution 137, 105th Mr. STRICKLAND, for 5 minutes, then. They did not want to put their Congress (approved by the House of Rep- today. own troops in harm’s way without resentatives on November 13, 1997), and Sen- (The following Members (at the re- ate Concurrent Resolution 78, 105th Congress quest of Mr. MURPHY) to revise and ex- America being there. So we went into (approved by the Senate on March 13, 1998), Kosovo. America was the number one the Congress urges the President to call tend their remarks and include extra- supplier of the military. There were upon the United Nations to establish an neous material:) more American planes than there were international criminal tribunal for the pur- Mr. TOM DAVIS of Virginia, for 5 min- any other nation, even though Yugo- pose of indicting, prosecuting, and impris- utes, today. slavia is not far away from France and oning Saddam Hussein and other Iraqi offi- Mr. OXLEY, for 5 minutes, today. Germany. The French and Germans cials who are responsible for crimes against Mr. OSBORNE, for 5 minutes, today. humanity, genocide, and other criminal vio- Mr. PAUL, for 5 minutes, today. came in after us, but they pushed us lations of international law. Mrs. BIGGERT, for 5 minutes, today. the whole way. And why? Because they Mr. Speaker, in fact, the resolution Mr. HYDE, for 5 minutes, today. said Milosevic was a war criminal who which does not have yet a number, lays Mr. RENZI, for 5 minutes, February had abused people. And they were out the fact that we spent, as I said 26. right. But, Mr. Speaker, so is Saddam earlier, $4 million in each of the past 2 Mrs. MUSGRAVE, for 5 minutes, today. Hussein, only a far worse war criminal years for a special U.N. Iraqi War Mr. DUNCAN, for 5 minutes, February than Milosevic ever was. Those are not Crimes Commission. It is already in 26. my words. Those are the words of Rich- place, continuing from the 1990s. Amer- ard Holbrook, U.N. Ambassador for the ican tax dollars are being used to sup- (The following Members (at the re- United States under President Clinton port this U.N. effort. quest of Mr. WELDON of Florida) to re- in an op-ed he wrote this past week. This war crimes commission has, in vise and extend their remarks and in- Those are the words of the special fact, seen resolutions passed by the Se- clude extraneous material:) rapporteur of the U.N. who said that curity Council and the Commission on Mr. SENSENBRENNER, for 5 minutes, Saddam Hussein’s regime has no equal Human Rights as recently as April 19 today. (The following Member (at his since World War II. of 2002, U.N. Security Council Resolu- own request) to revise and extend his b 2320 tion 674, all of which deal with Saddam remarks and include extraneous mate- Hussein’s abuses of human rights. This rial:) Mr. Speaker, I would hope that every resolution says, and resolves, that con- Mr. PENCE, for 5 minutes, today. one of our colleagues would cosponsor sistent with section 301 of the Foreign the resolution to hold Saddam Hussein f Relations Authorization Act, the accountable for war crimes. It is a very House concurrent resolution and the SENATE BILLS REFERRED simple resolution and I at this point in Senate concurrent resolution, that the A bill and a concurrent resolution of time enter that resolution into the Congress urges the President to call the Senate of the following titles were RECORD so that all of our citizens, all upon the United Nations to establish taken from the Speaker’s table and, of our colleagues can see the text, the an International Criminal Tribunal for documents, the actions, that we now under the rule, referred as follows: the purpose of indicting, prosecuting, S. 151. An act to amend title 18, United request of the United Nations against and imprisoning Saddam Hussein and Saddam Hussein. States Code, with respect to the sexual ex- other Iraqi officials who are respon- ploitation of children, to the Committee on H. RES. — sible for crimes against humanity, the Judiciary. Whereas in 2001 and 2002, the Department genocide, and other criminal violations S. Con. Res. 4. Concurrent Resolution wel- of State contributed $4,000,000 to a United of international law. coming the expression of support of 18 Euro- Nations Iraq War Crimes Commission, to be Mr. Speaker, we can do no less. pean nations for the enforcement of United used if a United Nations tribunal for Iraqi Nations Security Counsel Resolution 1441; to war crimes is created; f the Committee on International Relations. Whereas the United Nations Security LEAVE OF ABSENCE Council and the United Nations Commission f By unanimous consent, leave of ab- on Human Rights have repeatedly con- ENROLLED BILL SIGNED demned Iraq’s human rights record; sence was granted to: Whereas Iraq continues to ignore United Ms. CARSON of Indiana (at the request Mr. Trandahl, Clerk of the House, re- Nations resolutions and its international of Ms. PELOSI) for today and February ported and found truly enrolled a bill human rights commitments; 26 on account of official business. of the House of the following title,

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K25FE7.084 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1329 which was thereupon signed by the 712. A letter from the Chairman, Council of Public Law 107—204, section 1104(a)(3); to the Speaker: the District of Columbia, transmitting a Committee on the Judiciary. copy of D.C. ACT 14-570, ‘‘Exclusive Right H.J. Res. 2. Joint resolution making con- 725. A letter from the Program Analyst, Agreement Time Period Temporary Amend- solidated approbations for the fiscal year FAA, Department of Transportation, trans- ment Act of 2002’’ received February 25, 2003, ending September 30, 2003, and for other pur- mitting the Department’s final rule — Air- pursuant to D.C. Code section 1—233(c)(1); to poses. worthiness Directives; Bell Helicopter Tex- the Committee on Government Reform. tron, Inc. Model 205A, 205A-1, 205B, 212, 412, f 713. A letter from the Chairman, Council of 412EP, and 412CF Helicopters [Docket No. BILL PRESENTED TO THE the District of Columbia, transmitting a 2001-SW-37-AD; Amendment 39-12737; AD 2002- copy of D.C. ACT 14-569, ‘‘Disposal of District PRESIDENT 09-04] (RIN: 2120-AA64) received January 14, Owned Surplus Real Property Temporary 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Jeff Trandahl, Clerk of the House re- Amendment Act of 2002’’ received February Committee on Transportation and Infra- ports that on February 19, 2003 he pre- 25, 2003, pursuant to D.C. Code section 1— structure. sented to the President of the United 233(c)(1); to the Committee on Government 726. A letter from the Program Analyst, States, for his approval, the following Reform. FAA, Department of Transportation, trans- 714. A letter from the Chairman, Council of mitting the Department’s final rule — Air- bill. the District of Columbia, transmitting a worthiness Directives; Boeing Model 727, H.J. Res. 2. Making consolidated appro- copy of D.C. ACT 14-568, ‘‘Insurance Compli- 727c, 727-100, 727-100C, 727-200, and 727-200F priations for the fiscal year ending Sep- ance Self-Evaluation Privilege Act of 2002’’ Series Airplanes [Docket No. 99-NM-105-AD; tember 30, 2003, and for other purposes. received February 25, 2003, pursuant to D.C. Amendment 39-12703; AD 2002-07-09] (RIN: Code section 1—233(c)(1); to the Committee f 2120-AA64) received January 14, 2003, pursu- on Government Reform. ant to 5 U.S.C. 801(a)(1)(A); to the Committee ADJOURNMENT 715. A letter from the Chairman, Council of on Transportation and Infrastructure. the District of Columbia, transmitting a Mr. WELDON of Pennsylvania. Mr. 727. A letter from the Program Analyst, Speaker, I move that the House do now copy of D.C. ACT 14-490, ‘‘Carl Wilson Bas- ketball Court Designation Act of 2002’’ re- FAA, Department of Transportation, trans- adjourn. ceived February 25, 2003, pursuant to D.C. mitting the Department’s final rule — Air- The motion was agreed to; accord- Code section 1—233(c)(1); to the Committee worthiness Directives; Sikorsky Aircraft ingly (at 11 o’clock and 22 minutes on Government Reform. Corporation Model S-76A Helicopters; Cor- p.m.), under its previous order, the 716. A letter from the Chairman, Council of rection [Docket No. 2000-SW-46-AD; Amend- House adjourned until tomorrow, the District of Columbia, transmitting a ment 39-12674; AD 2002-05-06] (RIN: 2120-AA64) copy of D.C. ACT 14-571, ‘‘Health Organiza- received January 14, 2003, pursuant to 5 Wednesday, February 26, 2003, at 1:00 U.S.C. 801(a)(1)(A); to the Committee on p.m. tions RBC Amendment Act of 2002’’ received February 25, 2003, pursuant to D.C. Code sec- Transportation and Infrastructure. f tion 1—233(c)(1); to the Committee on Gov- 728. A letter from the Program Analyst, EXECUTIVE COMMUNICATIONS, ernment Reform. FAA, Department of Transportation, trans- 717. A letter from the Chairman, Council of mitting the Department’s final rule — Air- ETC. the District of Columbia, transmitting a worthiness Directives; Bombardier Model Under clause 8 of rule XII, executive copy of D.C. ACT 14-572, ‘‘Uniform Interstate CL-600-2C10 (Regional Jet Series 700 and 701) communications were taken from the Enforcement of Domestic Violence Protec- Series Airplanes [Docket No. 2002-NM-99-AD; Speaker’s table and referred as follows: tion Orders Act of 2002’’ received February Amendment 39-12731; AD 2002-08-19] (RIN: 25, 2003, pursuant to D.C. Code section 1— 2120-AA64) received January 14, 2003, pursu- 706. A communication from the President 233(c)(1); to the Committee on Government ant to 5 U.S.C. 801(a)(1)(A); to the Committee of the United States, transmitting a report Reform. on Transportation and Infrastructure. listing the aggregate number, locations, ac- 718. A letter from the Chairman, Council of 729. A letter from the Program Analyst, tivities, and lengths of assignments for all the District of Columbia, transmitting a FAA, Department of Transportation, trans- temporary and permanent U.S. military and copy of D.C. ACT 14-573, ‘‘Investments of In- mitting the Department’s final rule — Air- civilians involved in Plan Colombia, pursu- surers Act of 2002’’ received February 25, worthiness Directives; Eurocopter France ant to Public Law 106—246, section 3204 (f) 2003, pursuant to D.C. Code section 1— Model AS350B, AS350B1, AS350B2, AS350B3, (114 Stat. 577); to the Committee on Armed 233(c)(1); to the Committee on Government AS350BA, AS350C, AS350D, AS350D1, AS355E, Services. Reform. AS355F, AS355F1, AS355F2, and AS355N Heli- 707. A letter from the Chairman, Board of 719. A letter from the Chairman, Council of copters; Correction [Docket No. 2001-SW-20- Governors of the Federal Reserve System, the District of Columbia, transmitting a AD; Amendment 39-12680; AD 2002-06-04] (RIN: transmitting the Board’s semiannual Mone- copy of D.C. ACT 14-575, ‘‘Surname Choice 2120-AA64) received January 14, 2003, pursu- tary Report pursuant to Pub. L. 106-569; to Amendment Act of 2002’’received February ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Committee on Financial Services. 25, 2003, pursuant to D.C. Code section 1— on Transportation and Infrastructure. 708. A letter from the Assistant Secretary 233(c)(1); to the Committee on Government for Legislative Affairs, Department of State, 730. A letter from the Program Analyst, Reform. FAA, Department of Transportation, trans- transmitting certification of a proposed li- 720. A letter from the Chairman, Council of mitting the Department’s final rule — Air- cense for the export of defense articles or de- the District of Columbia, transmitting a worthiness Directives; Sikorsky Aircraft fense services sold under a contract to Bel- copy of D.C. ACT 14-574, ‘‘Housing Produc- Corporation Model S-76A Helicopters; Cor- gium (Transmittal No. DTC 004-03), pursuant tion Trust Fund Affordability Period Tem- rection [Docket No. 2000-SW-46-AD; Amend- to 22 U.S.C. 2776(c); to the Committee on porary Amendment Act of 2002’’ received ment 39-12674; AD 2002-05-06] (RIN: 2120-AA64) International Relations. February 25, 2003, pursuant to D.C. Code sec- received January 14, 2003, pursuant to 5 709. A letter from the Assistant Secretary tion 1—233(c)(1); to the Committee on Gov- U.S.C. 801(a)(1)(A); to the Committee on for Legislative Affairs, Department of State, ernment Reform. Transportation and Infrastructure. transmitting certification of a proposed li- 721. A letter from the Chairman, Council of cense for the export of defense articles or de- the District of Columbia, transmitting a 731. A letter from the Program Analyst, fense services sold under a contract to the copy of D.C. ACT 14-576, ‘‘Draft Master Plan FAA, Department of Transportation, trans- United Arab Emirates (Transmittal No. DTC for Public Reservation 13 Approval Act of mitting the Department’s final rule — Air- 213-02), pursuant to 22 U.S.C. 2776(c); to the 2002’’ received February 25, 2003, pursuant to worthiness Directives; Eurocopter France Committee on International Relations. D.C. Code section 1—233(c)(1); to the Com- Model AS332L2 Helicopters [Docket No. 2002- 710. A communication from the President mittee on Government Reform. SW-04-AD; Amendment 39-12736; AD 2002-09- of the United States, transmitting the bi- 722. A letter from the Assistant Secretary 03] (RIN: 2120-AA64) received January 14, monthly report on progress toward a nego- for Administration, Department of Transpor- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the tiated settlement of the Cyprus question tation, transmitting copies of the inven- Committee on Transportation and Infra- covering the period December 1, 2002 through tories of commercial positions in the Depart- structure. January 31, 2003, pursuant to 22 U.S.C. ment of Transportation; to the Committee 732. A letter from the Program Analyst, 2373(c); to the Committee on International on Government Reform. FAA, Department of Transportation, trans- Relations. 723. A letter from the Administrator, Envi- mitting the Department’s final rule — Air- 711. A letter from the Assistant Secretary ronmental Protection Agency, transmitting worthiness Directives; Enstrom Helicopter for Legislative Affairs, Department of State, a report on the ‘‘EPA’s Inventory of Com- Corporation Model F-28, F-28A, F-28C, F28F, transmitting the Department’s Affirmative mercial Activities’’; to the Committee on 280, 280C, 280F, and 280FX Helicopters [Dock- Employment Program Accomplishments Re- Government Reform. et No. 2001-SW-67-AD; Amendment 39-12710; port for the period of September 30, 2001 to 724. A letter from the Chair, United States AD 2002-08-03] (RIN: 2120-AA64) received Jan- September 30, 2002, pursuant to 22 U.S.C. Sentencing Commission, transmitting a re- uary 14, 2003, pursuant to 5 U.S.C. 3905(d)(2); to the Committee on Government port entitled, ‘‘Increased Penalties Under 801(a)(1)(A); to the Committee on Transpor- Reform. The Sarbanes-Oxley Act of 2002,’’ pursuant to tation and Infrastructure.

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.058 H25PT1 H1330 CONGRESSIONAL RECORD — HOUSE February 25, 2003 733. A letter from the Program Analyst, 742. A letter from the Program Analyst, 2002-23-09] (RIN: 2120-AA64) received January FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- 14, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to mitting the Department’s final rule — Air- mitting the Department’s final rule — Air- the Committee on Transportation and Infra- worthiness Directives; Bell Helicopter Tex- worthiness Directives; Bombardier-Rotax structure. tron Canada Model 407 Helicopters [Docket GmbH 912 F and 912 S Series Reciprocating 751. A letter from the Program Analyst, No. 2002-SW-08-AD; Amendment 39-12711; AD Engines [Docket No. 2002-NE-18-AD; Amend- FAA, Department of Transportation, trans- 2002-06-52] (RIN: 2120-AA64) received January ment 39-12889; AD 2002-19-09] (RIN: 2120-AA64) mitting the Department’s final rule — Air- 14, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to received January 14, 2003, pursuant to 5 worthiness Directives; McDonnell Douglas the Committee on Transportation and Infra- U.S.C. 801(a)(1)(A); to the Committee on Model DC-9-10, -20, -30, -40, and -50 Series Air- structure. Transportation and Infrastructure. planes; and C-9 (Military) Airplanes [Docket 734. A letter from the Program Analyst, 743. A letter from the Program Analyst, No. 99-NM-287-AD; Amendment 39-12979; AD FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- 2002-25-04] (RIN: 2120-AA64) received January mitting the Department’s final rule — Air- mitting the Department’s final rule — Air- 14, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to worthiness Directives; Eurocopter France worthiness Directives; Honeywell Inter- the Committee on Transportation and Infra- Model SA341G, SA342J, and SA-360C Heli- national Inc. TPE331 Series Turboprop and structure. copters [Docket No. 2001-SW-72-AD; Amend- TSE331-3U Series Turboshaft Engines [Dock- 752. A letter from the Program Analyst, ment 39-12725; AD 2002-08-16] (RIN: 2120-AA64) et No. 99-NE-53-AD; Amendment 39-12922; AD FAA, Department of Transportation, trans- received January 14, 2003, pursuant to 5 2002-21-15] (RIN: 2120-AA64) received January mitting the Department’s final rule — Air- U.S.C. 801(a)(1)(A); to the Committee on 14, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to worthiness Directives; Dornier Model 328-300 Transportation and Infrastructure. the Committee on Transportation and Infra- Series Airplanes [Docket No. 2002-NM-293- 735. A letter from the Program Analyst, structure. AD; Amendment 39-12994; AD 2002-26-06] (RIN: FAA, Department of Transportation, trans- 744. A letter from the Program Analyst, 2120-AA64) received January 14, 2003, pursu- mitting the Department’s final rule — Air- FAA, Department of Transportation, trans- ant to 5 U.S.C. 801(a)(1)(A); to the Committee worthiness Directives; Schweizer Aircraft mitting the Department’s final rule — Air- on Transportation and Infrastructure. Corporation Model 269A, 269A-1, 269B, 269C, worthiness Directives; Boeing Model 757-200, 753. A letter from the Program Analyst, and TH-55A Helicopters [Docket No. 2001-SW- -200CB, and -300 Series Airplanes [Docket No. FAA, Department of Transportation, trans- 58-AD; Amendment 39-12726; AD 2001-25-52] 2000-NM-392-AD; Amendment 39-12921; AD mitting the Department’s final rule — Air- (RIN: 2120-AA64) received January 14, 2003, 2002-21-14] (RIN: 2120-AA64) received January worthiness Directives; Boeing Model 727 Se- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 14, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to ries Airplanes [Docket No. 2002-NM-271-AD; mittee on Transportation and Infrastruc- the Committee on Transportation and Infra- Amendment 39-12970; AD 2002-24-05] (RIN: ture. structure. 2120-AA64) received January 14, 2003, pursu- 736. A letter from the Program Analyst, 745. A letter from the Program Analyst, ant to 5 U.S.C. 801(a)(1)(A); to the Committee FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- on Transportation and Infrastructure. 754. A letter from the Program Analyst, mitting the Department’s final rule — Air- mitting the Department’s final rule — Air- FAA, Department of Transportation, trans- worthiness Directives; Pratt & Whitney worthiness Directives; Rolls-Royce Limited, mitting the Department’s final rule — Air- JT8D-200 Series Turbofan Engines [Docket Aero Division-Bristol, S.N.E.C.M.A. Olympus worthiness Directives; Pilatus Britten-Nor- No. 98-ANE-43-AD; Amendment 39-12797; AD 593 Mk. 610-14-28 Turbojet Engines [Docket man Limited BN-2 and BN2A Mk. III Series 2002-13-09] (RIN: 2120-AA64) received January No. 2002-NE-30-AD; Amendment 39-12981; AD 14, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Airplanes [Docket No. 2002-CE-35-AD; 2002-25-06] (RIN: 2120-AA64) received January the Committee on Transportation and Infra- Amendment 39-12980; AD 2002-25-05] (RIN: 14, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to structure. 2120-AA64) received January 14, 2003, pursu- the Committee on Transportation and Infra- 737. A letter from the Program Analyst, ant to 5 U.S.C. 801(a)(1)(A); to the Committee FAA, Department of Transportation, trans- structure. on Transportation and Infrastructure. 746. A letter from the Program Analyst, mitting the Department’s final rule — Air- 755. A letter from the Program Analyst, FAA, Department of Transportation, trans- worthiness Directives; Empresa Brasileira de FAA, Department of Transportation, trans- mitting the Department’s final rule — Air- Aeronautica S.A. [Docket No. 2002-NM-129- mitting the Department’s final rule — Air- worthiness Directives; Bombardier Model AD; Amendment39-12823; AD 2002-14-23] (RIN: worthiness Directives; Boeing Model 737-600, CL-600-2C10 (Regional Jet Series 700 & 701) 2120-AA64) received January 14, 2003, pursu- -700, 700C, -800, and -900 Series Airplanes; Series Airplanes [Docket No. 2002-NM-269- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Model 747 Series Airplanes; and Model 757 Se- on Transportation and Infrastructure. AD; Amendment 39-12995; AD 2002-26-07] (RIN: ries Airplanes [Docket No. 2002-NM-309-AD; 738. A letter from the Program Analyst, 2120-AA64) received January 14, 2003, pursu- Amendment 39-12992; AD 2002-24-51] (RIN: FAA, Department of Transportation, trans- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2120-AA64) received January 14, 2003, pursu- mitting the Department’s final rule — Air- on Transportation and Infrastructure. ant to 5 U.S.C. 801(a)(1)(A); to the Committee worthiness Directives; McDonnell Douglas 747. A letter from the Program Analyst, on Transportation and Infrastructure. Model MD-11 and -11F Airplanes [Docket No. FAA, Department of Transportation, trans- 756. A letter from the Program Analyst, 2002-NM-33-AD; Amendment 39-12815; AD mitting the Department’s final rule — Air- FAA, Department of Transportation, trans- 2002-14-15] (RIN: 2120-AA64) received January worthiness Directives; Cirrus Design Cor- mitting the Department’s final rule — Air- 14, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to poration Models SR20 and SR22 Airplanes worthiness Directives; Boeing Model 747-400, the Committee on Transportation and Infra- [Docket No. 2002-CE-31-AD; Amendment 39- -400, -400D, and -400F Series Airplanes [Dock- structure. 12973; AD 2002-24-08] (RIN: 2120-AA64) received et No. 2002-NM-314-AD; Amendment 39-12993; 739. A letter from the Program Analyst, January 14, 2003, pursuant to 5 U.S.C. AD 2002-24-52] (RIN: 2120-AA64) received Jan- FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- uary 14, 2003, pursuant to 5 U.S.C. mitting the Department’s final rule — Air- tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- worthiness Directives; Teledyne Continental 748. A letter from the Program Analyst, tation and Infrastructure. Motors; Correction [Docket No. 2000-NE-19- FAA, Department of Transportation, trans- 757. A letter from the Program Analyst, AD; Amendment 39-12792; AD 2002-13-04] (RIN: mitting the Department’s final rule — Air- FAA, Department of Transportation, trans- 2120-AA64) received January 14, 2003, pursu- worthiness Directives; Pilatus Britten-Nor- mitting the Department’s final rule — Air- ant to 5 U.S.C. 801(a)(1)(A); to the Committee man Limited BN2T and BN2T-4R Series Air- worthiness Directives; Air Tractor, Inc. Mod- on Transportation and Infrastructure. planes [Docket No. 2002-CE-34-AD; Amend- els AT-502A, AT-502B, and AT-503A Airplanes 740. A letter from the Program Analyst, ment 39-12974; AD 2002-24-09] (RIN: 2120-AA64) [Docket No. 2002-CE-54-AD; Amendment 39- FAA, Department of Transportation, trans- received January 14, 2003, pursuant to 5 12991; AD 2002-26-05] (RIN: 2120-AA64) received mitting the Department’s final rule — Air- U.S.C. 801(a)(1)(A); to the Committee on January 14, 2003, pursuant to 5 U.S.C. worthiness Directives; Pratt & Whitney Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- JT8D-200 Series Turbofan Engines; Correc- 749. A letter from the Program Analyst, tation and Infrastructure. tion [Docket No. 98-ANE-43-AD; Amendment FAA, Department of Transportation, trans- 758. A letter from the Program Analyst, 39-12797; AD 2002-13-09] (RIN: 2120-AA64) re- mitting the Department’s final rule — Air- FAA, Department of Transportation, trans- ceived January 14, 2003, pursuant to 5 U.S.C. worthiness Directives; MD Helicopters, Inc. mitting the Department’s final rule — Air- 801(a)(1)(A); to the Committee on Transpor- Model MD900 Helicopters [Docket No. 2002- worthiness Directives; McDonnell Douglas tation and Infrastructure. SW-50-AD; Amendment 39-12975; AD 2002-22- Model DC-9-81 (MD-81), (DC-9-82 (MD-82), DC- 741. A letter from the Program Analyst, 51] received January 14, 2003, pursuant to 5 9-83 (MD-83), DC-9-87 (MD-87), and MD-88 Air- FAA, Department of Transportation, trans- U.S.C. 801(a)(1)(A); to the Committee on planes [Docket No. 2002-NM-216-AD; Amend- mitting the Department’s final rule — Air- Transportation and Infrastructure. ment 39-12912; AD 2002-21-06] (RIN: 2120-AA64) worthiness Directives; Bombardier-Rotax 750. A letter from the Program Analyst, received January 14, 2003, pursuant to 5 GmbH Type 912 F and 914 F Series Recipro- FAA, Department of Transportation, trans- U.S.C. 801(a)(1)(A); to the Committee on cating Engines [Docket No. 2002-NE-08-AD; mitting the Department’s final rule — Air- Transportation and Infrastructure. Amendment 39-12865; AD 2002-16-26] (RIN: worthiness Directives; MT-Propeller 759. A letter from the Program Analyst, 2120-AA64) received January 14, 2003, pursu- Entwicklung GMBH Models MTV-9-B-C and FAA, Department of Transportation, trans- ant to 5 U.S.C. 801(a)(1)(A); to the Committee MTV-3-B-C Propellers; Correction [Docket mitting the Department’s final rule — Air- on Transportation and Infrastructure. No. 99-NE-35-AD; Amendment 39-12953; AD worthiness Directives; Rolls-Royce Limited,

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\L25FE7.000 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1331 Aero Division-Bristol, S.N.E.C.M.A. Olympus Border Environment Cooperation Commis- By Mr. YOUNG of Alaska (for himself, 593 Mk. 610-14-28 Turbojet Engines [Docket sion and a North American Development Mr. OBERSTAR, Mr. QUINN, Ms. No. 2002-NE-28-AD; Amendment 39-12956; AD Bank, and for other purposes (Rept. 108–17). CORRINE BROWN of Florida, Mr. GARY 2002-23-12] (RIN: 2120-AA64) received January Referred to the Committee of the Whole G. MILLER of California, and Mr. BUR- 14, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to House on the State of the Union. GESS): the Committee on Transportation and Infra- Mr. SENSENBRENNER: Committee on the H.R. 874. A bill to establish a program, co- structure. Judiciary. H.R. 534. A bill to amend title 18, ordinated by the National Transportation 760. A letter from the Program Analyst, United States Code, to prohibit human Safety Board, of assistance to families of FAA, Department of Transportation, trans- cloning (Rept. 108–18). Referred to the Com- passengers involved in rail passenger acci- mitting the Department’s final rule — Air- mittee of the Whole House on the State of dents; to the Committee on Transportation worthiness Directives; Rolls-Royce Limited., the Union. and Infrastructure. Aero Division-Bristol, S.N.E.C.M.A. Olympus Mr. OXLEY: Committee on Financial Serv- By Mr. YOUNG of Alaska (for himself, 593 Mk. 610-14-28 Turbojet Engines [Docket ices. H.R. 657. A bill to amend the Securities Mr. BURGESS, Mr. ISAKSON, Mr. No. 2002-NE-29-AD; Amendment 39-12990; AD Exchange Act of 1934 to augment the emer- GRAVES, Mr. OBERSTAR, Mr. LIPINSKI, 2002-26-04] (RIN: 2120-AA64) received January gency authority of the Securities and Ex- Mr. PASCRELL, Ms. EDDIE BERNICE 14, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to change Commission (Rept. 108–19). Referred JOHNSON of Texas, Mr. SIMMONS, Mr. the Committee on Transportation and Infra- to the Committee of the Whole House on the GARY G. MILLER of California, and structure. State of the Union. Mr. PETRI): 761. A letter from the Program Analyst, f H.R. 875. A bill to direct the Secretary of FAA, Department of Transportation, trans- Transportation to make grants for security mitting the Department’s final rule -Air- PUBLIC BILLS AND RESOLUTIONS improvements to over-the-road bus oper- worthiness Directives; Empresa Brasileira de Under clause 2 of rule XII, public ations, and for other purposes; to the Com- Aeronautica S.A. (EMBRAER) Model EMB- bills and resolutions were introduced mittee on Transportation and Infrastruc- ture. 135 and -145 Series Airplanes [Docket No. and severally referred, as follows: 2002-NM-348-AD; Amendment 39-13008; AD By Mr. MORAN of Kansas (for himself, 2002-26-51] (RIN: 2120-AA64) received January By Mr. BALLENGER (for himself and Mr. CAMP, and Mr. RAMSTAD): 14, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Mr. DELAHUNT): H.R. 876. A bill to amend the Internal Rev- H.R. 868. A bill to amend section 527 of the the Committee on Transportation and Infra- enue Code of 1986 to provide a credit against Foreign Relations Authorization Act, Fiscal structure. income tax for expenditures for the mainte- Years 1994 and 1995 to require that certain 762. A letter from the Program Analyst, nance of railroad tracks of Class II and Class claims for expropriation by the Government FAA, Department of Transportation, trans- III railroads; to the Committee on Ways and of Nicaragua meet certain requirements for mitting the Department’s final rule — Air- Means. purposes of the prohibition on foreign assist- worthiness Directives; Pratt & Whitney By Mrs. JOHNSON of Connecticut (for ance to that government; to the Committee PW4000 Series Turbofan Engines, Correction herself, Mr. STARK, Mr. THOMAS, Mr. on International Relations. [Docket No. 2000-NE-47-AD; Amendment 39- CAMP, Mr. LEWIS of Kentucky, Mr. By Mr. ANDREWS: 12916’ AD 2002-21-10] RIN: 2120-AA64 received MCINNIS, Mr. HOUGHTON, Mr. HERGER, H.R. 869. A bill to amend the Internal Rev- January 14, 2003, pursuant to 5 U.S.C. Mr. WELLER, Mr. SMITH of New Jer- enue Code of 1986 to increase the deduction 801(a)(1)(A); to the Committee on Transpor- sey, Mr. ENGLISH, and Mr. PETERSON for host families of foreign exchange and tation and Infrastructure. of Pennsylvania): other students from $50 per month to $200 per H.R. 877. A bill to amend title XI of the So- 763. A letter from the Program Analyst, month; to the Committee on Ways and cial Security Act to improve patient safety; FAA, Department of Transportation, trans- Means. to the Committee on Ways and Means, and in mitting the Department’s final rule — Air- By Mr. CAMP (for himself, Mr. LEVIN, addition to the Committee on Energy and worthiness Directives; General Electric Com- Mr. MCCRERY, Mr. NEAL of Massachu- Commerce, for a period to be subsequently pany CF34-8C1 Turbofan Engines, Correction setts, Mr. ROGERS of Michigan, Mr. determined by the Speaker, in each case for [Docket No. 2002-NE-13-AD; Amendment 39- BECERRA, Mr. ENGLISH, Mr. DOGGETT, consideration of such provisions as fall with- 12946; AD 2002-23-02] (RIN: 2120-AA64) received Mr. LEWIS of Kentucky, Mr. PALLONE, in the jurisdiction of the committee con- January 14, 2003, pursuant to 5 U.S.C. and Mr. HAYWORTH): cerned. 801(a)(1)(A); to the Committee on Transpor- H.R. 870. A bill to amend the Internal Rev- By Mr. THOMAS (for himself, Mr. tation and Infrastructure. enue Code of 1986 to provide for the treat- HOUGHTON, Mr. CAMP, Mr. LEWIS of 764. A letter from the Program Analyst, ment of certain motor vehicle dealer transi- Kentucky, Mr. HAYWORTH, Mr. SAM FAA, Department of Transportation, trans- tional assistance; to the Committee on Ways JOHNSON of Texas, Mr. HERGER, Mr. mitting the Department’s final rule — Air- and Means. RAMSTAD, Mr. CANTOR, Mr. ENGLISH, worthiness Directives; Eurocopter France By Mr. BEREUTER (for himself and and Mr. CRANE): Model AS355E, F, F1, F2, and N Helicopters Mr. MORAN of Kansas): H.R. 878. A bill to amend the Internal Rev- [Docket No. 2002-SW-48-AD; Amendment 39- H.R. 871. A bill to amend the National enue Code of 1986 to provide a special rule for 12982; AD 2002-21-51] (RIN: 2120-AA64) received Highway System Designation Act of 1995 members of the uniformed services and For- January 14, 2003, pursuant to 5 U.S.C. concerning the applicability of hours of serv- eign Service in determining the exclusion of 801(a)(1)(A); to the Committee on Transpor- ice requirements to drivers operating com- gain from the sale of a principal residence tation and Infrastructure. mercial motor vehicles transporting agricul- and to restore the tax exempt status of death 765. A letter from the Secretary, Depart- tural commodities and farm supplies; to the gratuity payments to members of the uni- ment of Health and Human Services, trans- Committee on Transportation and Infra- formed services, and for other purposes; to mitting the fifth annual report on the Tem- structure. the Committee on Ways and Means. porary Assistance for Needy Families By Mr. CAMP (for himself, Mr. KEN- By Mr. CAMP: (TANF) program; to the Committee on Ways NEDY of Minnesota, Mr. PITTS, Mr. H.R. 879. A bill to amend title 38, United and Means. SCHROCK, Mr. BARTLETT of Maryland, States Code, to provide for certain f Mr. ENGLISH, Mr. ISAKSON, and Mr. servicemembers to become eligible for edu- GOODE): cational assistance under the Montgomery REPORTS OF COMMITTEES ON H.R. 872. A bill to amend the Internal Rev- GI Bill; to the Committee on Veterans’ Af- PUBLIC BILLS AND RESOLUTIONS enue Code of 1986 to clarify that church em- fairs, and in addition to the Committee on Under clause 2 of rule XIII, reports of ployees are eligible for the exclusion for Armed Services, for a period to be subse- committees were delivered to the Clerk qualified tuition reduction programs of char- quently determined by the Speaker, in each itable educational organizations; to the for printing and reference to the proper case for consideration of such provisions as Committee on Ways and Means. fall within the jurisdiction of the committee calendar, as follows: By Mrs. BIGGERT (for herself and Mr. concerned. Mr. BOEHNER: Committee on Education STRICKLAND): By Mrs. CAPPS (for herself, Mr. FARR, and the Workforce. H.R. 13. A bill to reau- H.R. 873. A bill to amend title V of the Ele- Mr. ALLEN, Ms. SOLIS, Mr. thorize the Museum an Library Services Act, mentary and Secondary Education Act of BLUMENAUER, Mrs. DAVIS of Cali- and for other purposes (Rept. 108–16). Re- 1965 to raise awareness of eating disorders fornia, Mr. BROWN of Ohio, Ms. WOOL- ferred to the Committee of the Whole House and to create educational programs con- SEY, Mr. SCHIFF, Mr. TOWNS, Mr. on the State of the Union. cerning the same, and for other purposes; to ENGEL, Mr. THOMPSON of California, Mr. OXLEY: Committee on Financial Serv- the Committee on Education and the Work- Ms. NORTON, Ms. MCCARTHY of Mis- ices. H.R. 254. A bill to authorize the Presi- force, and in addition to the Committee on souri, Mr. SANDERS, Ms. LEE, Mr. dent of the United States to agree to certain Energy and Commerce, for a period to be STARK, and Mr. GRIJALVA): amendments to the Agreement between the subsequently determined by the Speaker, in H.R. 880. A bill to amend title 46, United Government of the United States of America each case for consideration of such provi- States Code, to accelerate to 2007 the appli- and the Government of the United Mexican sions as fall within the jurisdiction of the cation of the requirement that a tanker that States concerning the establishment of a committee concerned. carries oil in bulk as cargo must be equipped

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with a double hull, and for other purposes; to WAXMAN, Mr. SMITH of Washington, By Mrs. MCCARTHY of New York: the Committee on Transportation and Infra- Mr. SNYDER, Mr. CRAMER, Mr. BRADY H.R. 893. A bill to provide for the construc- structure, and in addition to the Committee of Pennsylvania, Mr. JOHN, Mr. tion and renovation of child care facilities, on Ways and Means, for a period to be subse- ISRAEL, Mr. MEEHAN, Ms. SLAUGHTER, and for other purposes; to the Committee on quently determined by the Speaker, in each Mr. MCNULTY, Mr. HOLDEN, Mr. Financial Services. case for consideration of such provisions as UDALL of New Mexico, Mr. RUSH, Mr. By Mrs. MCCARTHY of New York: fall within the jurisdiction of the committee MCGOVERN, Mr. CAPUANO, Mr. H.R. 894. A bill to provide for substantial concerned. MCDERMOTT, Mr. BERMAN, Ms. CAR- reductions in the price of prescription drugs By Mr. COBLE (for himself, Mr. SEN- SON of Indiana, Ms. BALDWIN, Ms. for Medicare beneficiaries and for women di- SENBRENNER, Mr. HYDE, Mr. SMITH of WOOLSEY, Mrs. MCCARTHY of New agnosed with breast cancer; to the Com- Texas, Mr. GALLEGLY, Mr. GOOD- York, Mr. BLUMENAUER, Mr. mittee on Energy and Commerce, and in ad- LATTE, Mr. CHABOT, Mr. JENKINS, Mr. GRIJALVA, Mr. KENNEDY of Rhode Is- dition to the Committee on Ways and Means, CANNON, Mr. BACHUS, Mr. land, Mr. HOLT, Mr. SANDLIN, Mr. for a period to be subsequently determined HOSTETTLER, Mr. GREEN of Wis- EVANS, Mr. RODRIGUEZ, Mr. BOYD, Mr. by the Speaker, in each case for consider- consin, Mr. KELLER, Ms. HART, Mr. DEUTSCH, Mr. SANDERS, Ms. LINDA T. ation of such provisions as fall within the ju- FLAKE, Mr. PENCE, Mr. FORBES, Mr. SANCHEZ of California, Mr. FORD, risdiction of the committee concerned. KING of Iowa, Mr. CARTER, Mr. Mrs. CAPPS, Mr. ABERCROMBIE, Mr. By Ms. MCCOLLUM (for herself, Ms. FEENEY, and Mrs. BLACKBURN): BOSWELL, Ms. EDDIE BERNICE JOHN- BALDWIN, Mr. BERRY, Ms. BORDALLO, H.R. 881. A bill to disapprove certain sen- SON of Texas, Mr. HALL, Mr. LANTOS, Mr. BOSWELL, Ms. CORRINE BROWN of tencing guideline amendments; to the Com- Mr. ALEXANDER, Mrs. MALONEY, Mr. Florida, Mr. GUTKNECHT, Mr. KIND, mittee on the Judiciary. ALLEN, Mr. BAKER, Mrs. Mrs. NAPOLITANO, Mr. SABO, and Mr. By Mr. ENGLISH: CHRISTENSEN, Mr. MENENDEZ, Mr. GRIJALVA): H.R. 882. A bill to amend the Internal Rev- PALLONE, Mr. DOOLEY of California, H.R. 895. A bill to amend the National enue Code of 1986 to modify the qualified Mr. MCINTYRE, Mr. KILDEE, Mr. Trails System Act to designate the route of small issue bond provisions; to the Com- REYES, Mr. KLECZKA, Mr. ORTIZ, Mrs. the Mississippi River from its headwaters in mittee on Ways and Means. WILSON of New Mexico, Mr. ROTHMAN, the State of Minnesota to the Gulf of Mexico By Mr. ENGLISH (for himself and Mr. Mr. FOLEY, Mr. MICHAUD, Mr. for study for potential addition to the Na- DEUTSCH): COSTELLO, Mr. STRICKLAND, Mr. MAR- tional Trails System as a national scenic H.R. 883. A bill to amend title XVIII of the KEY, Mr. TOWNS, Mr. TURNER of trail, national historic trail, or both, and for Social Security Act to adjust the fee for col- Texas, Mr. ACKERMAN, Mr. WEINER, other purposes; to the Committee on Re- lecting specimens for clinical diagnostic lab- Mr. WILSON of South Carolina, Mr. sources. oratory tests under the Medicare Program; TOOMEY, Mr. DOYLE, Mr. RAHALL, Mr. By Mr. MCINTYRE (for himself and Mr. to the Committee on Energy and Commerce, RANGEL, Mrs. JONES of Ohio, Mr. HAYES): and in addition to the Committee on Ways PICKERING, Mr. PRICE of North Caro- H.R. 896. A bill to provide for the recogni- and Means, for a period to be subsequently lina, and Ms. KAPTUR): tion of the Lumbee Tribe of North Carolina, determined by the Speaker, in each case for H.R. 887. A bill to amend title II of the So- and for other purposes; to the Committee on consideration of such provisions as fall with- cial Security Act to provide that the reduc- Resources. in the jurisdiction of the committee con- tions in Social Security benefits which are By Mr. MARKEY (for himself, Mr. cerned. required in the case of spouses and surviving ISRAEL, and Ms. LEE): By Mr. GIBBONS: spouses who are also receiving certain Gov- H.R. 897. A bill to establish a task force to H.R. 884. A bill to provide for the use and ernment pensions shall be equal to the evaluate and make recommendations with distribution of the funds awarded to the amount by which the total amount of the respect to the security of sealed sources of Western Shoshone identifiable group under combined monthly benefit (before reduction) radioactive materials, and for other pur- Indian Claims Commission Docket Numbers and monthly pension exceeds $2,000; to the poses; to the Committee on Energy and Com- 326-A-1, 326-A-3, and 326-K, and for other pur- Committee on Ways and Means. merce. poses; to the Committee on Resources. By Mr. JOHNSON of Illinois: By Mr. MATSUI (for himself, Mrs. By Mr. HAYWORTH (for himself, Mr. H.R. 888. A bill to authorize the disinter- TAUSCHER, Mr. GEORGE MILLER of ment from the Luxembourg American Ceme- KOLBE, Mr. FRANKS of Arizona, Mr. California, and Mr. THOMPSON of Cali- GRIJALVA, and Mr. PASTOR): tery and Memorial in Luxembourg of the re- fornia): H.R. 885. A bill to provide for adjustments mains of Private Ray A. Morgan, who died in H.R. 898. A bill to authorize the Secretary to the Central Arizona Project in Arizona, to combat in January 1945 in the Battle of the of the Army to carry out a project for flood authorize the Gila River Indian Community Bulge, and to authorize the transfer of his damage reduction and ecosystem restoration water rights settlement, to reauthorize and remains to the custody of his next of kin; to for the American River, Sacramento, Cali- the Committee on Veterans’ Affairs. amend the Southern Arizona Water Rights fornia, and for other purposes; to the Com- By Mr. KING of New York: Settlement Act of 1982, and for other pur- mittee on Transportation and Infrastruc- H.R. 889. A bill to eliminate the backlog in poses; to the Committee on Resources. ture. By Mr. HOLDEN (for himself, Mr. performing DNA analyses of DNA samples collected from convicted child sex offenders, By Mr. NADLER: EVANS, Ms. KAPTUR, Mr. TOWNS, Mr. and for other purposes; to the Committee on H.R. 899. A bill to amend title 18, United SANDERS, Mrs. MCCARTHY of New the Judiciary. States Code, to require persons to obtain a York, Mr. BRADY of Pennsylvania, By Mr. LARSON of Connecticut (for State license before receiving a handgun or Ms. NORTON, Mr. CARSON of Okla- handgun ammunition; to the Committee on himself, Mr. PALLONE, Mr. HEFLEY, homa, Mr. FROST, Ms. WOOLSEY, Mr. the Judiciary. Ms. NORTON, Mrs. JONES of Ohio, Mr. PAUL, Mr. STRICKLAND, Mrs. By Mr. NADLER: LATOURETTE, Mr. GRIJALVA, Mr. CAR- MALONEY, Ms. ROS-LEHTINEN, Mr. H.R. 900. A bill to provide incentive funds SON of Oklahoma, Mrs. MUSGRAVE, HEFLEY, Ms. SCHAKOWSKY, Mr. RAN- to States that have in effect a certain law; to Mr. RYAN of Ohio, Ms. GINNY BROWN- GEL, Mrs. JONES of Ohio, and Mr. the Committee on the Judiciary. WAITE of Florida, Mr. ABERCROMBIE, MCGOVERN): By Mr. OSE (for himself and Mr. DOO- Mr. BROWN of Ohio, Mr. RAHALL, Ms. H.R. 886. A bill to amend title 38, United LITTLE): KILPATRICK, Ms. DELAURO, and Mr. States Code, to provide for the payment of H.R. 901. A bill to authorize the Secretary dependency and indemnity compensation to FRANK of Massachusetts): H.R. 890. A bill to amend title 38, United of the Interior to construct a bridge on Fed- the survivors of former prisoners of war who States Code, to provide for a more equitable eral land west of and adjacent to Folsom died on or before September 30, 1999, under geographic allocation of funds appropriated Dam in California, and for other purposes; to the same eligibility conditions as apply to to the Department of Veterans Affairs for the Committee on Resources. payment of dependency and indemnity com- medical care; to the Committee on Veterans’ By Mr. OTTER: pensation to the survivors of former pris- Affairs. H.R. 902. A bill to authorize the Secretary oners of war who die after that date; to the By Mrs. MCCARTHY of New York: of Agriculture to convey certain parcels of Committee on Veterans’ Affairs. H.R. 891. A bill to provide student loan for- National Forest System land in the State of By Mr. JEFFERSON (for himself, Mr. giveness to the surviving spouses of the vic- Idaho, to use the proceeds for the acquisi- PAUL, Mr. KANJORSKI, Mr. TAUZIN, tims of the September 11, 2001, tragedies; to tion, construction, or rehabilitation of facili- Ms. SCHAKOWSKY, Mr. WEXLER, Mr. the Committee on Education and the Work- ties in the Panhandle National Forest in the DAVIS of Illinois, Mr. CROWLEY, Mr. force. State of Idaho, and for other purposes; to the FRANK of Massachusetts, Ms. ROY- By Mrs. MCCARTHY of New York: Committee on Resources. BAL-ALLARD, Mr. HINCHEY, Mr. NEAL H.R. 892. A bill to amend the Public Health By Mr. OTTER: of Massachusetts, Mr. GORDON, Mr. Service Act to require the Director of the H.R. 903. A bill to provide for the convey- MCHUGH, Mr. OBERSTAR, Mr. VITTER, National Institutes of Health to expand and ance by the Secretary of Agriculture of the Mr. POMEROY, Mr. SERRANO, Mr. intensify research regarding Diamond- Sandpoint Federal Building and adjacent WYNN, Mr. DELAHUNT, Mr. KIND, Mr. Blackfan Anemia; to the Committee on En- land in Sandpoint, Idaho, and for other pur- FARR, Mr. MOORE, Mr. NADLER, Mr. ergy and Commerce. poses; to the Committee on Transportation

VerDate Jan 31 2003 05:58 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\L25FE7.100 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1333 and Infrastructure, and in addition to the By Mr. STEARNS: By Mr. STEARNS: Committee on Resources, for a period to be H.R. 915. A bill to amend title 18, United H. Con. Res. 55. Concurrent resolution hon- subsequently determined by the Speaker, in States Code, to provide a national standard oring General Bernard A. Schriever, United each case for consideration of such provi- in accordance with which nonresidents of a States Air Force (retired), for his dedication sions as fall within the jurisdiction of the State may carry certain concealed firearms and service to the United States Air Force, committee concerned. in the State, and to exempt qualified current for his essential service in the development By Mr. PALLONE (for himself and Mr. and former law enforcement officers from of the United States ballistic missile pro- LOBIONDO): State laws prohibiting the carrying of con- gram, and for his lifetime of work to enhance H.R. 904. A bill to authorize the Secretary cealed handguns; to the Committee on the the security of the United States; to the of the Interior to establish a program to in- Judiciary. Committee on Armed Services. ventory, evaluate, document, and assist ef- By Mr. STEARNS: By Mr. TOM DAVIS of Virginia: H. Res. 87. A resolution providing amounts forts to preserve surviving United States H.R. 916. A bill to prohibit the expenditure for the expenses of the Committee on Gov- Life-Saving Service stations; to the Com- of Federal funds to conduct or support re- ernment Reform in the One Hundred Eighth mittee on Resources. search on the cloning of humans, and to ex- Congress; to the Committee on House Ad- By Mr. POMEROY (for himself and Mr. press the sense of the Congress that other HOUGHTON): ministration. countries should establish substantially By Mr. OXLEY: H.R. 905. A bill to amend the Internal Rev- equivalent restrictions; to the Committee on enue Code of 1986 to simplify the application H. Res. 88. A resolution providing amounts Energy and Commerce, and in addition to for the expenses of the Committee on Finan- of self-employment tax in the case of family the Committee on Science, for a period to be farming businesses; to the Committee on cial Services in the One Hundred Eighth Con- subsequently determined by the Speaker, in Ways and Means. gress; to the Committee on House Adminis- each case for consideration of such provi- By Mr. QUINN (for himself and Mr. RA- tration. sions as fall within the jurisdiction of the HALL): By Mr. BOEHLERT: committee concerned. H.R. 906. A bill to amend title 23, United H. Res. 89. A resolution providing amounts States Code, to improve roadway safety for By Mr. WILSON of South Carolina (for for the expenses of the Committee on motor vehicles, bicycles, and pedestrians and himself, Mr. BROWN of South Caro- Science in the One Hundred Eighth Congress; workers in proximity to vehicle traffic; to lina, Mr. DEMINT, Mr. BARRETT of to the Committee on House Administration. the Committee on Transportation and Infra- South Carolina, Mr. SPRATT, and Mr. By Mr. SMITH of New Jersey (for him- structure. CLYBURN): self and Mr. EVANS): H. Res. 90. A resolution providing amounts By Mr. RADANOVICH: H.R. 917. A bill to designate the facility of H.R. 907. A bill to direct the Secretary of the United States Postal Service located at for the expenses of the Committee on Vet- the Interior to complete a special resource 1830 South Lake Drive in Lexington, South erans’ Affairs in the One Hundred Eighth study of the national significance, suit- Carolina, as the ‘‘Floyd Spence Post Office Congress; to the Committee on House Ad- ability, and feasibility of establishing High- Building’’; to the Committee on Government ministration. way 49 in California, known as the ‘‘Golden Reform. By Mr. THOMAS: H. Res. 91. A resolution providing amount Chain Highway’’, as a National Heritage Cor- By Mr. BROWN of Ohio (for himself, for the expenses of the Committee on Ways ridor; to the Committee on Resources. Mrs. TAUSCHER, and Mr. HOEFFEL): and Means in the One Hundred Eighth Con- By Mr. ROHRABACHER: H.J. Res. 24. A joint resolution requiring gress; to the Committee on House Adminis- H.R. 908. A bill to amend the Immigration the President to report to Congress specific tration. and Nationality Act to specify that impris- information relating to certain possible con- By Mr. YOUNG of Alaska: onment for reentering the United States sequences of the use of United States Armed H. Res. 92. A resolution providing amounts after removal subsequent to a conviction for Forces against Iraq; to the Committee on for the expenses of the Committee on Trans- a felony shall be under circumstances that International Relations. portation and Infrastructure in the One Hun- stress strenuous work and sparse living con- By Mr. HOYER (for himself, Mr. HYDE, dred Eighth Congress; to the Committee on ditions, if the alien is convicted of another Mr. FRANK of Massachusetts, Mr. House Administration. felony after the reentry; to the Committee SENSENBRENNER, Mr. BERMAN, Mr. By Mr. GOODLATTE: on the Judiciary. SABO, and Mr. PALLONE): H. Res. 93. A resolution providing amounts By Mr. ROHRABACHER: H.J. Res. 25. A joint resolution proposing for the expenses of the Committee on Agri- H.R. 909. A bill to amend title 35, United an amendment to the Constitution of the culture in the One Hundred Eighth Congress; States Code, to direct the Director of the United States to repeal the 22nd amendment to the Committee on House Administration. Patent and Trademark Office to adjust fees to the Constitution; to the Committee on the By Mr. SENSENBRENNER (for himself charged by the Office so that the fees col- Judiciary. and Mr. CONYERS): lected in any fiscal year will equal, to the By Ms. HOOLEY of Oregon (for herself H. Res. 94. A resolution providing amounts greatest extent practicable, the amount ap- and Mr. HAYWORTH): for the expenses of the Committee on the Ju- propriated to the Office for that fiscal year; H. Con. Res. 52. Concurrent resolution ex- diciary in the One Hundred Eighth Congress; to the Committee on the Judiciary. pressing the sense of Congress that all major to the Committee on House Administration. By Mr. ROHRABACHER: sports organizations should ban the use of By Mr. NUSSLE: H.R. 910. A bill to provide for the distribu- ephedra and dietary supplements containing H. Res. 95. A resolution providing amounts tion to coastal States and counties of reve- ephedrine; to the Committee on Energy and for the expenses of the Committee on the nues collected under the Outer Continental Commerce. Budget in the One Hundred Eighth Congress; Shelf Lands Act; to the Committee on Re- By Mr. HOYER (for himself, Mr. WOLF, to the Committee on House Administration. sources. Ms. NORTON, Mr. WYNN, Mr. MORAN of By Mr. HYDE: By Mr. TURNER of Texas: Virginia, and Mr. VAN HOLLEN): H. Res. 96. A resolution providing amounts H.R. 911. A bill to authorize the establish- H. Con. Res. 53. Concurrent resolution au- for the expenses of the Committee on Inter- ment of a memorial to victims who died as a national Relations in the One Hundred result of terrorist acts against the United thorizing the use of the Capitol Grounds for the Greater Washington Soap Box Derby; to Eighth Congress; to the Committee on House States or its people, at home or abroad; to Administration. the Committee on Resources. the Committee on Transportation and Infra- structure. By Mr. GOSS: By Mr. ROHRABACHER: H. Res. 97. A resolution providing amounts By Mr. MARKEY (for himself, Mr. PE- H.R. 912. A bill to authorize the Adminis- for the expenses of the House Permanent Se- TERSON of Pennsylvania, Ms. NORTON, trator of the National Aeronautics and Space lect Committee on Intelligence in the One Mr. WALSH, Mr. FROST, Ms. Administration to establish an awards pro- Hundred Eighth Congress; to the Committee gram in honor of Charles ‘‘Pete’’ Conrad, as- BORDALLO, Ms. MCCOLLUM, Mr. DIN- on House Administration. tronaut and space scientist, for recognizing GELL, Mr. HOLDEN, Mr. MATSUI, Mr. By Mr. BURTON of Indiana: the discoveries made by amateur astrono- CAPUANO, Mr. KENNEDY of Rhode Is- H. Res. 98. A resolution designating major- mers of asteroids with near-Earth orbit tra- land, Mr. WAXMAN, Mr. BRADY of ity membership on certain standing commit- jectories; to the Committee on Science. Pennsylvania, Mr. SCHIFF, Mrs. tees of the House; considered and agreed to. By Mr. ROHRABACHER: NAPOLITANO, Mr. NEAL of Massachu- By Mr. HUNTER: H.R. 913. A bill to amend the Internal Rev- setts, Mr. MCDERMOTT, Mrs. H. Res. 99. A resolution providing amounts enue Code of 1986 to provide incentives for MALONEY, Ms. SLAUGHTER, Mr. SHER- for the expenses of the Committee on Armed the ownership and control of corporations by WOOD, Mr. MCNULTY, Mr. MCKEON, Services in the One Hundred Eighth Con- employees; to the Committee on Ways and Mr. FRANK of Massachusetts, Mr. gress; to the Committee on House Adminis- Means. RANGEL, Mr. MCHUGH, Mr. STARK, tration. By Mr. ROHRABACHER: Mr. SERRANO, and Mr. SANDERS): By Mr. BEREUTER (for himself, Mr. H.R. 914. A bill to amend the Internal Rev- H. Con. Res. 54. Concurrent resolution ex- SHIMKUS, Mr. NUSSLE, and Mr. PETER- enue Code of 1986 to provide tax incentives pressing the sense of the Congress that there SON of Minnesota): for investing in companies involved in space- should be established an annual National H. Res. 100. A resolution congratulating related activities; to the Committee on Ways Visiting Nurse Association Week; to the Lutheran schools, students, parents, teach- and Means. Committee on Government Reform. ers, administrators, and congregations

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across the Nation for their ongoing contribu- FOSSELLA, Ms. HART, Mr. PETERSON of Min- PASCRELL, Mr. KUCINICH, Mr. DEUTSCH, Mr. tions to education, and for other purposes; to nesota, Mr. JOHN, Mr. MOORE, Mr. PORTER, FROST, Mr. LOBIONDO, Mr. PORTER, Ms. the Committee on Education and the Work- and Mr. OTTER. HOOLEY of Oregon Mr. HINCHEY, Mr. force. H.R. 218: Mr. MENENDEZ, Mr. LARSEN of LAMPSON, Ms. VELAZQUEZ, and Mr. HOLDEN. By Mr. HASTINGS of Florida: Washington, Mr. SIMPSON, Mr. LATOURETTE, H.R. 488: Mr. MILLER of Florida, Mr. H. Res. 101. A resolution urging the Presi- Mr. BISHOP of New York, Mr. MATHESON, Mr. PLATTS, and Mr. EVERETT. dent to present posthumously a Presidential TAYLOR of Mississippi, Mr. FORD, Mr. UDALL H.R. 489: Mr. BALLENGER. Citizens Medal to Frederick Douglass in rec- of New Mexico, Mr. TOOMEY, and Mr. PORTER. H.R. 490: Ms. BERKLEY, Mr. MCGOVERN, Ms. ognition of his achievements in civil rights H.R. 219: Mr. MICA. SCHAKOWSKY, Mr. LOBIONDO, Mr. PETERSON of and service to the nation; to the Committee H.R. 224: Mr. HASTINGS of Washington. Minnesota, Mr. UDALL of New Mexico, Mr. on Government Reform. H.R. 237: Mr. OWENS. MENENDEZ, Mr. ETHERIDGE, Mr. NEAL of Mas- By Mr. JOHNSON of Illinois (for him- H.R. 250: Ms. LOFGREN and Mr. SANDERS. sachusetts, Mr. BROWN of Ohio, and Ms. self, Mr. SHIMKUS, Mr. EVANS, Ms. H.R. 278: Mr. STEARNS. MCCARTHY of Missouri. SCHAKOWSKY, Mr. CRANE, Mr. H.R. 284: Mr. LYNCH, Mr. TIERNEY, Mr. H.R. 496: Mr. GARRETT of New Jersey. WELLER, Mr. JACKSON of Illinois, Mr. BOYD, Mr. DAVIS of Alabama, Mr. KENNEDY of H.R. 502: Mr. PAUL and Mr. WAMP. H.R. 503: Mr. PEARCE. DAVIS of Illinois, Mr. HASTERT, Mr. Rhode Island, Mr. DINGELL, Mr. MOLLAHAN, H.R. 504: Mrs. NAPOLITANO and Mr. EMANUEL, Mr. LIPINSKI, Mr. Mr. CRAMER, Mr. GOSS, Mr. BRADLEY of New GRIJALVA. COSTELLO, Mr. KIRK, Mr. LAHOOD, Mr. Hampshire, Mr. PUTNAM, Mr. BRADY of Penn- H.R. 517: Mr. ROGERS of Michigan, Mr. MANZULLO, Mrs. BIGGERT, Mr. sylvania, Mr. DAVIS of Tennessee, Mr. ROG- CAMP, Mr. HOEKSTRA, Mr. SMITH of Michigan, GUTIERREZ, Mr. HYDE, and Mr. RUSH): ERS of Alabama, Mr. HONDA, and Mrs. JO ANN Mr. MCCOTTER, and Mr. EHLERS. H. Res. 102. A resolution honoring Erika DAVIS of Virginia. H.R. 528: Ms. BERKLEY, MR. RADANOVICH, Harold, Miss America 2003; to the Committee H.R. 290: Mr. FRELINGHUYSEN, Ms. HOOLEY Mr. VAN HOLLEN, Mr. MCCOTTER, Mr. FILNER, on Government Reform. of Oregon, Ms. SCHAKOWSKY, Mr. MILLER of Mr. OLVER, Ms. LOFGREN, Mr. ANDREWS, Mr. By Mr. KING of New York: North Carolina, Mr. FRANK of Massachusetts, PAUL, and Mr. UPTON. H. Res. 103. A resolution establishing a Se- and Mr. SULLIVAN. H.R. 533: Mr. STRICKLAND. H.R. 296: Mr. FRANK of Massachusetts, Mr. lect Committee on POW and MIA Affairs; to H.R. 534: Mr. MCINTYRE, Mrs. CUBIN, Mr. ENGLISH, Mr. FROST, Ms. NORTON, Mr. the Committee on Rules. RAHALL, Mr. TURNER of Ohio, Mr. MCHUGH, Mr. SCHIFF, Mr. MCDERMOTT, Mr. CULBERSON, Mr. WALSH, Mr. BILIRAKIS, Mr. f WALSH, Mr. LATOURETTE, Mr. OXLEY, Mr. FLAKE, Mr. GARRETT of New Jersey, Mr. LAHOOD, Mr. KILDEE, Mr. SOUDER, Ms. ADDITIONAL SPONSORS GINGREY, Mr. SESSIONS, Mr. BURR, Mrs. SCHAKOWSKY, Mr. FOLEY, Mr. MEEHAN, and BLACKBURN, Mr. SANDERS, and Mr. BEAUPREZ. Under clause 7 of rule XII, sponsors Mrs. MALONEY. H.R. 569: Mr. SESSIONS, Mrs. EMERSON, Mr. H.R. 303: Mr. GARY G. MILLER of California, were added to public bills and resolu- GREEN of Wisconsin, and Mr. KLECZKA. Mrs. CAPPS, Mr. PLATTS, Mr. MORAN of Kan- tions as follows: H.R. 577: Mr. ALLEN, Mr. WATT, Mr. sas, Mr. BEREUTER, Mrs. CHRISTENSEN, Ms. H.R. 5: Mr. GALLEGLY, Mr. GARY G. MILLER KELCZKA, Ms. SCHAKOWSKY, and Mr. HOOLEY of Oregon, Mr. NORWOOD, Mr. of California, Mr. NEY, Mr. RADANOVICH, Mr. HASTINGS of Florida. DEUTSCH, Mr. VAN HOLLEN, Mr. SULLIVAN, FOSSELLA, Mr. WAMP, Mr. WELLER, Mr. KING- H.R. 583: Mr. REHBERG, Mr. BOYD, Mr. ROG- Mr. MEEHAN, Mr. GOSS, Mr. KANJORSKI, Mr. STON, Mr. WHITFIELD, Mr. THORNBERRY, Mr. ERS of Michigan, Mr. CANNON, and Mr. CROWLEY, Mr. MANZULLO, Mrs. BLACKBURN, WOLF, Mr. PITTS, Mr. KENNEDY of Minnesota, FEENEY. Mr. CHOCOLA, Mr. BASS, Mr. OLVER, Mr. Mrs. MYRICK, and Mr. COLE. H.R. 584: Mrs. BIGGERT, Mr. SNYDER, and ISAKSON, Mr. ROGERS of Michigan, Mrs. H.R. 13: Mr. KENNEDY of Rhode Island, Mr. Mr. MILLER of Florida. MCCARTHY of New York, Mr. SAXTON, Mr. JO LYNCH, Mrs. JONES of Ohio, Mrs. LOWEY, Mr. H.R. 588: Mr. MCHUGH, Mr. NETHERCUTT, ANN DAVIS of Virginia, Mr. GINNY BROWN- ISSA, Ms. BERKLEY, Mr. SANDERS, Ms. JACK- Mrs. NAPOLITANO, Mr. STRICKLAND, and Mr. WAITE of Florida, Mr. FOLEY, Mr. PETERSON SON-LEE of Texas, Mr. MCGOVERN, Mr. NEAL HONDA. of Minnesota, Mr. DAVIS of Tennessee, Mr. of Massachusetts, Mr. DREIER, Mr. CRAMER, H.R. 589: Mr. SCHAKOWSKY, Mr. BASS, Mr. RENZI, and Ms. DELAURO. Ms. HOOLEY of Oregon, Ms. SCHAKOWSKY, and LATHAM, Mr. NUSSLE, Mr. RYAN of Wisconsin, H.R. 308: Mr. POMBO, Mr. SWEENEY, Mr. Ms. MCCARTHY of Missouri. Mr. SESSIONS, Mr. SNYDER, Mr. BOSWELL, Mr. DICKS, Mr. FRANK of Massachusetts, Mr. PAS- H.R. 20: Mr. SANDERS and Mr. VAN HOLLEN. BAIRD, and Mr. BOEHLERT. TOR, Mr. CROWLEY, and Mr. VISCLOSKY. H.R. 21: Mr. SOUDER. H.R. 594: Ms. WATERS, Mrs. BONO, Mr. H.R. 315: Mr. KOLBE. H.R. 25: Mr. COLLINS, Mr. HALL, Mr. LEACH, Mr. PORTER, Mr. VAN HOLLEN, Mr. H.R. 331: Mr. PICKERING. CULBERSON, Mr. KING of Iowa, and Mr. GOODE, Mr. UDALL of New Mexico, Mr. H.R. 343: Mr. CONYERS, Mr. HOLDEN, Mrs. FLAKE. DOGGETT, Mrs. NORTHUP, Mr. MATSUI, Mrs. JONES of Ohio, Mr. SANDERS, and Mr. FROST. TAUSCHER, Ms. DELAURO, Mr. PASTOR, Mr. H.R. 33: Mrs. EMERSON, Mr. SOUDER, Mr. H.R. 365: Ms. CARSON of Indiana and Mr. OBERSTAR, and Mrs. MUSGRAVE. EMANUEL, Mr. EVANS, Mr. JOHNSON of Illi- WAXMAN. nois, and Mr. HYDE. H.R. 34: Mr. SABO, Mr. SIMMONS, Mr. VAN H.R. 378: Ms. GINNY BROWN-WAITE of Flor- HOLLEN, Mr. BERRY, Mr. DAVIS of Illinois, H.R. 613: Mr. CLAY. ida and Mr. SOUDER. H.R. 618: Mr. SOUDER, Mr. MCHUGH, and Mr. Mr. BOUCHER, Mr. COSTELLO, and Mr. OLVER. H.R. 381: Mr. SHAYS. SENSENBRENNER. H.R. 58: Mr. OTTER, Mr. RAHALL, Mr. UDALL H.R. 382: Mr. SIMMONS. H.R. 623: Mr. FROST. of New Mexico, Mr. VITTER, Ms. NORTON, Mr. H.R. 391: Mr. MANZULLO. H.R. 660: Mr. HOSTETTLER, Mrs. FALEOMAVAEGA, Mr. PLATTS, Mr. SMITH of H.R. 394: Mr. OLVER, Ms. CORRINE BROWN of NAPOLITANO, Mr. CRANE, Mr. CHOCOLA, Mr. Washington, Mr. ROGERS of Michigan, Mr. Florida, Mr. VAN HOLLEN, and Mr. DEUTSCH. FOLEY, Mr. ROGERS of Michigan, Mr. CARSON WEXLER, Mr. SANDLIN, Mrs. JONES of Ohio, H.R. 396: Ms. SCHAKOWSKY. of Oklahoma, and Mr. COLE. Ms. DELAURO, Mr. TAYLOR of Mississippi, Mr. H.R. 412: Mr. HOEFFEL, Mr. COMBEST, Mr. H.R. 669: Mr. MATHESON, Mr. LYNCH, Mr. BROWN of Ohio, Mr. HEFLEY, Mr. HASTINGS of GALLEGLY, Mr. HALL, Ms. MILLENDER- ACEVEDO-VILA, Mr. MCDERMOTT, Mr. Florida, Ms. SCHAKOWSKY, Mr. EVANS, Mr. MCDONALD, and Mr. MCDERMOTT. OSBORNE, Mr. MCINNIS, Ms. BORDALLO, Mr. LOBIONDO, Ms. BALDWIN, Mr. TANCREDO, Mr. H.R. 424: Mr. CANNON. PRICE of North Carolina, Mr. SPRATT, Mrs. LYNCH, Mr. BERRY, Mr. WAMP, Mr. LEWIS of H.R. 441: Ms. BERKLEY, Mr. CALVERT, Mrs. NAPOLITANO, Mr. ORTIZ, and Mr. MENENDEZ. Kentucky, Mr. CRAMER, Mr. SCHIFF, Mrs. JO ANN DAVIS of Virginia, Mr. KIRK, Mr. H.R. 672: Mr. THOMPSON of Mississippi, Mrs. MCCARTHY of New York, Mr. BELL, Mr. BOYD, ROTHMAN, Mr. SCHIFF, Mr. SCHROCK, AND MR. JONES of Ohio, Mr. SHIMKUS, Mr. ROHR- Mr. KILDEE, Mr. FOSSELLA, Mr. MOORE, Mr. SOUDER. ABACHER, Mr. MCDERMOTT, Mrs. STRICKLAND, Mr. CALVERT, Mr. GINGREY, and H.R. 445: Mr. CROWLEY, Mr. MCGOVERN, and CHRISTENSEN, Mr. LARSEN of Washington, Mr. MORAN of Virginia. Mrs. LOWEY. Mr. FROST, Mr. FALEOMAVAEGA, Ms. LEE, Mr. H.R. 105: Mr. FALEOMAVAEGA. H.R. 446: Mr. CROWLEY, Mr. PASCRELL, Mr. WALSH, Mr. EVANS, Mr. BONNER, Mr. GIB- H.R. 119: Mr. MATHESON. CLAY, Mr. GRIJALVA, Mrs. CHRISTENSEN, and BONS, Mr. ISAKSON, Mr. CASE, Mrs. TAUSCHER, H.R. 138: Mr. SIMMONS. Ms. LEE. Mr. SCHROCK, Mr. LAMPSON, and Mr. HONDA. H.R. 151: Mr. RANGEL, Mr. HONDA, Mr. BE- H.R. 447: Mr. CROWLEY, Mr. PASCRELL, Mr. H.R. 677: Mr. LIPINSKI. REUTER, and Mrs. MALONEY. CLAY, Mr. GRIJALVA, Mrs. CHRISTENSEN, and H.R. 683: Mr. TERRY, Mr. GILLMOR, Mrs. H.R. 153: Mr. MILLER of Florida. Ms. LEE. JOHNSON of Connecticut, and Mr. SOUDER. H.R. 168: Mr. WILSON of South Carolina, H.R. 448: Mr. CROWLEY, Mr. PASCRELL, Mr. H.R. 684: Mrs. JONES of Ohio and Mr. Mr. WALSH, Mrs. JONES of Ohio, Mr. DINGELL, CLAY, Mr. GRIJALVA, Mrs. CHRISTENSEN, Ms. SOUDER. Mr. MCGOVERN, Mr. ISAKSON, and Mr. FROST. LEE, Mr. BROWN of Ohio, and Mr. KUCINICH. H.R. 685: Mr. BOUCHER and Mr. WATT. H.R. 192: Mr. WAMP, Mr. LARSEN of Wash- H.R. 466: Mr. BERMAN, Ms. BERKLEY, Mr. H.R. 690: Mr. RODRIGUEZ. ington, Ms. NORTON, and Mr. GREEN of Texas. GONZALEZ, Mr. BISHOP of New York, Mr. H.R. 693: Ms. HART, Mr. PLATTS, Mrs. H.R. 207: Mr. SESSIONS. GALLEGLY, Mrs. JONES of Ohio, Mr. BISHOP of CHRISTENSEN, and Mr. GUTKNECHT. H.R. 217: Mr. ALLEN, Mr. ABERCROMBIE, Mr. Georgia, Ms. HARMAN, Mr. BAIRD, Mr. NAD- H.R. 703: Mr. ISAKSON. PASCRELL, Ms. DELAURO, Mr. CLAY, Mr. LER, Mrs. LOWEY, Mr. ISAKSON, Mr. ABER- H.R. 720: Mr. LAMPSON and Ms. JACKSON- LUCAS of Kentucky, Mr. FATTAH, Mr. CROMBIE, Mrs. JO ANN DAVIS of Virginia, Mr. LEE of Texas.

VerDate Jan 31 2003 05:58 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\L25FE7.100 H25PT1 February 25, 2003 CONGRESSIONAL RECORD — HOUSE H1335

H.R. 735: Mr. ISRAEL, Mr. TOWNS, and Mrs. H.R. 808: Mr. ENGLISH. H. Con. Res. 30: Mr. SANDERS and Mrs. MALONEY. H.R. 811: Mr. LINDER. MALONEY. H.R. 736: Mr. WATT, Ms. CORRINE BROWN of H.R. 812: Mr. MCHUGH and Mrs. H. Con. Res. 36: Mr. BISHOP of Georgia, Mr. Florida, and Mrs. LOWEY. CHRISTENSEN. GREEN of Wisconsin, Ms. LINDA T. SANCHEZ of H.R. 752: Mr. BISHOP of New York, Mr. H.R. 813: Mrs. JONES of Ohio, Mr. NEAL of California, Mr. COOPER, Mr. LAHOOD, Ms. GRIJALVA, and Mr. SANDERS. Massachusetts, Mr. WYNN, Mr. ANDREWS, SOLIS, Mr. SPRATT, Mr. ROHRABACHER, Mr. H.R. 756: Mrs. MUSGRAVE and Mr. WILSON of Mrs. NAPOLITANO, and Mr. ORTIZ. South Carolina. H.R. 814: Mr. TOM DAVIS of Virginia, Mr. FALEOMAVAEGA, and Mrs. BIGGERT. H.R. 757: Ms. JACKSON-LEE of Texas, Mr. UDALL of New Mexico, Mr. SHAYS, Mr. PAS- H. Con. Res. 37: Mr. PORTER. BISHOP of New York, Ms. LEE, Mr. ISRAEL, TOR, Mr. UPTON, and Mr. LOBIONDO. H.R. 817: Mrs. MYRICK. H. Con. Res. 40: Ms. ROS-LEHTINEN. Ms. SCHAKOWSKY, and Mr. KUCINICH. H.R. 821: Mr. EVANS and Mr. CLAY. H.R. 761: Mrs. JONES of Ohio, Mr. STRICK- H. Con. Res. 47: Ms. WATSON, Mr. HASTINGS H.R. 828: Mr. RAHALL. LAND, and Mr. GUTIERREZ. of Florida, Ms. EDDIE BERNICE JOHNSON of H.R. 832: Mr. FATTAH, Mr. EVANS, and Mr. H.R. 765: Mr. LATOURETTE and Mr. BAKER. Texas, Ms. JACKSON-LEE of Texas, Mr. CASE, BAIRD. H.R. 767: Mr. SMITH of Texas. Mr. SNYDER, Mr. SERRANO, Mr. MCDERMOTT, H.R. 853: Mr. KILDEE. H.R. 768: Mr. LATHAM, Mr. AKIN, Mr. H.R. 857: Ms. SCHAKOWSKY, Mr. SHERMAN, Mr. THOMPSON of Mississippi, Ms. NORTON, ISRAEL, and Mr. HERGER. Mr. ISRAEL, Ms. WOOLSEY, and Mr. FEENEY. Mr. OWENS, Mr. DAVIS of Illinois, Mrs. H.R. 770: Mr. MOORE and Mr. CASE. H.J. Res. 4: Mr. BURTON of Indiana, Mr. CHRISTENSEN, Mrs. JONES of Ohio, Mr. REYES, H.R. 778: Mr. PETRI, Mr. WOLF, Mr. BARRETT of South Carolina, and Mr. EVER- Mr. BECERRA, Mr. CUMMINGS, Mr. RODRIGUEZ, STEARNS. ETT. Ms. KILPATRICK, and Mr. GRIJALVA. H.R. 779: Mr. FALEOMAVAEGA and Mr. ONDA H.J. Res. 20: Mr. H . H. Res. 55: Mr. UDALL of New Mexico. GUTIERREZ. H.J. Res. 22: Mr. MOORE and Mr. BISHOP of H.R. 790: Mr. SULLIVAN. Georgia. H. Res. 58: Mr. LIPINSKI and Mr. CROWLEY. H.R. 798: Mr. WILSON of South Carolina, H. Con. Res. 2: Ms. NORTON. H. Res. 72: Ms. BORDALLO, Mr. DELAHUNT, Mr. ROGERS of Michigan, Ms. JACKSON-LEE of H. Con. Res. 19: Mr. STARK, Mrs. Mr. EVANS, Mr. FRANK of Massachusetts, Mr. Texas, Ms. WATSON, Ms. NORTON, and Mr. NAPOLITANO, Ms. CORRINE BROWN of Florida, HOEFFEL, Ms. MILLENDER-MCDONALD, Mr. SENSENBRENNER. Mr. EVANS, and Mr. RYAN of Ohio. POMEROY, Mr. SCHIFF, and Mr. WEXLER. H.R. 801: Mr. CROWLEY and Mr. CAPUANO. H. Con. Res. 26: Mr. CASE, Mrs. JOHNSON of H.R. 806: Mr. GUTKNECHT. Connecticut, Mr. KUCINICH, and Mr. KIND. H. Res. 81: Mr. HOUGHTON.

VerDate Jan 31 2003 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A25FE7.067 H25PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, TUESDAY, FEBRUARY 25, 2003 No. 30 Senate The Senate met at 9:30 a.m. and was SCHEDULE not important enough to be on the called to order by the President pro Mr. BENNETT. Mr. President, the floor at this stage. tempore (Mr. STEVENS). Senate will spend the day in executive So I would hope that everyone would The PRESIDENT pro tempore. To- session deliberating, once again, and understand that we are anxious to day’s prayer will be offered by our for the ninth day, the nomination of move on to other judicial nominations. guest Chaplain, Dr. George D. McKin- Miguel Estrada to be a circuit court We are anxious to move on to other ney, of Saint Stephens’s Church of God judge for the DC Circuit. The Senate legislative matters. But as long as in Christ in San Diego, CA. will recess from 12:15 to 2:30 for the Miguel Estrada refuses to answer the weekly party lunches. Between now questions or to submit the memos that PRAYER and the next recess we have a number we have requested, this is going to be The guest Chaplain offered the fol- of important issues that the majority the procedural posture of the Senate. lowing prayer: leader would like to see addressed. The PRESIDING OFFICER (Mr. COR- May we pray together. Therefore, he hopes we can get passed NYN). The Senator from Utah. Eternal God, Creator of the universe, this delay and let the Senate work its Mr. HATCH. Mr. President, I have the Source of life, order, and truth, we will on this nomination. Senators listened to the distinguished Senator bow in reverence in Your presence. We should be advised, therefore, that roll- from Nevada, and I have a few things thank You for divine favor and all the call votes are possible during the day. to say. values and principles that continue to The PRESIDENT pro tempore. The Mr. President, I rise today to ad- shape our national character and chal- deputy minority leader. dress, once again, the nomination of lenge us to greatness. Mr. REID. Mr. President, I say to my Miguel Estrada for the United States We pray for our Nation, our Presi- friend—in fact, the two Senators from Court of Appeals for the District of Co- dent, his family, Cabinet, and advisors. Utah—that, as I indicated to the ma- lumbia Circuit. Grant wisdom and courage to the Sen- jority leader last night, there are three Are we ready to go? ators as they fulfill their responsibility ways we can move off Estrada. The The PRESIDING OFFICER. Will the to our great Nation. Empower all who nomination can be pulled. The decision Senator suspend for the Senate to lay shoulder the responsibility of leader- can be made by this administration down the pending orders, please. ship and servanthood. May our duties that he will supply the memos from the f become delightful because of Your gifts Solicitor’s Office while he worked RESERVATION OF LEADER TIME of joy, faith, and hope. there that he wrote and allow more Lord, we are grateful for the privi- questioning of Estrada. Thirdly, the The PRESIDING OFFICER. Under lege of working together with You for majority leader can file a motion to in- the previous order, the leadership time peace and justice for all people. We af- voke cloture to see if there are the 60 is reserved. firm with our Founding Fathers and votes to move ahead. f Mothers that we are one Nation under If that does not happen, we can stay God, with a common goal of liberty and on Estrada for a long time. If there are EXECUTIVE SESSION justice for all. Amen. other things to do—and I mentioned yesterday I doubt that there are—if f there are other things to do, then let’s NOMINATION OF MIGUEL A. ESTRADA, OF VIRGINIA, TO BE PLEDGE OF ALLEGIANCE move to those. If not, then we can stay in this procedural quagmire, which is UNITED STATES CIRCUIT JUDGE The PRESIDENT pro tempore led the something that has been done in the FOR THE DISTRICT OF COLUM- Pledge of Allegiance, as follows: past. BIA CIRCUIT I pledge allegiance to the Flag of the As I indicated yesterday, there have The PRESIDING OFFICER. Under United States of America, and to the Repub- been, of course, filibusters of Presi- the previous order, the Senate will now lic for which it stands, one nation under God, dential nominations in the past and go into executive session and resume indivisible, with liberty and justice for all. Presidential nominations of judges. consideration of Executive Calendar f They usually are not as open and noto- No. 21, which the clerk will report. rious as this, the reason being they The legislative clerk read the nomi- RECOGNITION OF THE ACTING come at a later time in the session nation of Miguel A. Estrada, of Vir- MAJORITY LEADER where time is of the essence. Now time ginia, to be United States Circuit The PRESIDENT pro tempore. The is not of the essence. There are other Judge for the District of Columbia Cir- acting majority leader. things that the leader has decided are cuit.

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

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VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2622 CONGRESSIONAL RECORD — SENATE February 25, 2003 The PRESIDING OFFICER. The Sen- you do, as I think a majority does in letter from all living former solicitors gen- ator from Utah. this body, we would vote aye. Do as eral attests. He is not a real Hispanic and, by Mr. HATCH. Mr. President, I rise in your conscience dictates you must, but the way, he was nominated only because he favor of the nomination of Miguel is Hispanic—two arguments as repugnant as do not prolong the obstruction of the they are incoherent. Underlying it all is the Estrada for the United States Court of Senate by denying a vote on this nomi- fact that Democrats don’t want to put a con- Appeals for the District of Columbia nation. Do not continue to treat the servative on the court. Circuit. third branch of our Federal Govern- Laurence H. Silberman, a senior judge on We started the debate on this nomi- ment—the one branch intended to be the court to which Mr. Estrada aspires to nation during the week of February 3. insulated from political pressures— serve, recently observed that under the cur- We debated the entire week of Feb- rent standards being applied by the Senate, with such disregard that we filibuster not one of his colleagues could predictably ruary 10. And now here we are again in its nominees. Do not perpetuate this secure confirmation. He’s right. To be sure, our third week of debate, all because campaign of unfairness. Vote for him Republicans missed few opportunities to play some of my Democratic colleagues or vote against him but just vote. politics with President Clinton’s nominees. refuse to allow an up-or-down vote on Now, an editorial that appeared in But the Estrada filibuster is a step beyond this nomination. last week even those deplorable games. For Democrats The renowned former Senator from summed it up well. This editorial, demand, as a condition of a vote, answers to Massachusetts, Henry Cabot Lodge, questions that no nominee should be forced aptly entitled, ‘‘Just Vote’’ observed— to address—and that nominees have not pre- once said that ‘‘[t]o vote without de- let me read the one part I want to em- viously been forced to address. If Mr. Estrada bating is perilous, but to debate and phasize, though I would not mind read- cannot get a vote, there will be no reason for never vote is imbecile.’’ Yet that is ing the whole thing— Republicans to allow the next David S. precisely what is happening on Mr. The arguments against Mr. Estrada’s con- Tatel—a distinguished liberal member of the Estrada’s nomination. We are debating firmation range from the unpersuasive to the court—to get one when a Democrat someday and debating and debating the same offensive. He lacks judicial experience, his again picks judges. Yet the D.C. Circuit—and points again and again but never actu- critics say—though only three current mem- all courts, for that matter—would be all the bers of the court had been judges before their poorer were it composed entirely of people ally voting on the nomination. Enough whose views challenged nobody. is enough. It is time to vote. nominations. He is too young—though he is about the same age as Judge Harry T. Nor is the problem just Mr. Estrada. John My Republican colleagues and I have G. Roberts Jr., Mr. Bush’s other nominee to Edwards was when he was appointed [by the D.C. Circuit, has been waiting nearly two tried to get an agreement to vote on President Carter] and several years older years for a Judiciary Committee vote. No- Mr. Estrada’s nomination no fewer than Kenneth W. Starr was when he was body has raised a substantial argument than three separate times. Each time, nominated. Mr. Estrada stonewalled the Ju- against him. Indeed, Mr. Roberts is among our Democratic colleagues blocked our diciary Committee, they claim, by refusing the most highly regarded appellate lawyers efforts. I even suggested that we agree to answer questions—though his answers in the city. Yet on Thursday, Democrats in- to debate on this nomination for 10 were similar in nature to those of previous voked a procedural rule to block a com- hours, then 20 hours, then up to 50 nominees, including many nominated by mittee vote anyway—just for good measure. hours before voting. Fifty hours. That Democratic presidents. The administration It’s long past time to stop these games and refused to turn over his Justice Department vote. is 10 hours of solid debate every day for memos—though no reasonable Congress the entire week, and 2 1⁄2 times the ought to be seeking such material, as a let- I think the Washington Post has it amount of time that we give for a rec- ter from all living former solicitors general just right. The fact is there hasn’t been onciliation bill around here. But each attests. He is not a real Hispanic and, by the one good argument used against Mr. time, our Democratic friends rejected way, he was nominated only because he is Estrada. They can’t point to one rea- our entreaties, without hesitation or Hispanic—two arguments as repugnant as son he should not be confirmed to this even good explanation. they are incoherent. Underlying it all is the circuit court of appeals. They can’t We have to ask ourselves why our fact that Democrats don’t want to put a give one logical, good, substantive rea- thinking conservative [Hispanic] on the son to reject him. But I still grant colleagues across the aisle are so in- court. tent on preventing a vote on Mr. them the right to vote against him if That is what it comes down to. Estrada’s nomination. I have heard all that is the way they feel. If they in Continuing from the Post: of their arguments. They allege he did their hearts feel that this man will not It’s long past time to stop these games and operate on the court the way he not answer their questions, that he vote. lacks judicial experience, and that he should, then, by gosh, they have a right I will read the editorial from begin- cannot be confirmed before they see to do that. Naturally, I do take opposi- ning to end because it is the Wash- confidential and privileged memos he tion or issues with the Post’s charac- ington Post. A lot of my friends on the authored at the Solicitor General’s Of- terization of how we treated the Clin- other side love the Washington Post. I ton nominees, but other than that, I fice, just to name a few. And those have to say that I love it, too, but not think it is dead on. memos were his recommendations to for the same reasons. This is what it Let me tell you why I take opposi- the Solicitor General with regard to says: tion. If you look at the facts, as I have appeal decisions, with regard to certio- said before, President Reagan was the rari decisions, with regard to amicus The Senate has recessed without voting on the nomination of Miguel Estrada to the all-time confirmation champion. He curiae decisions—very specific infor- U.S. Court of Appeals for the D.C. Circuit. amazingly got 382 judges confirmed. mation that, if compromised and Because of a Democratic filibuster, it spent But he had 6 years of a Republican forced to be given to the Congress of much of the week debating Mr. Estrada, and, Senate, with control of the Judiciary the United States, could chill any fu- at least for now, enough Democrats are hold- Committee by Republicans, to help ture honest recommendations. ing together too prevent the full Senate from him to do that. I have heard so much But all of these arguments they have acting. The arguments against Mr. Estrada’s whining from the other side about how raised are reasons they believe Mr. confirmation range from the unpersuasive to badly President Clinton’s nominees Estrada should not be confirmed. As the offensive. He lacks judicial experience, his critics say—though only three current were treated. It is repeated in this edi- misguided and wrong as they are, these members of the court had been judges before torial to a limited degree. But the fact are reasons my Democratic friends be- their nominations. He is too young—though is, President Clinton got virtually the lieve they should vote against Mr. he is about the same age as Judge Harry T. same number as President Reagan. Estrada. None of those arguments jus- Edwards was when he was appointed and sev- Three hundred seventy-seven Federal tifies the continuation of this filibuster eral years older than Kenneth W. Starr was judges were confirmed during Presi- to prevent an up-or-down vote on Mr. when he was nominated. Mr. Estrada dent Clinton’s 8 years, and for 6 of Estrada’s nomination. stonewalled the Judiciary Committee by re- those years the Republicans controlled So I say now to my Democratic fusing to answer questions—though his an- the Senate and the Senate Judiciary friends: Vote for him or vote against swers were similar in nature to those of pre- vious nominees, including many nominated Committee. He was treated very fairly. him. That is what we should do. If you by Democratic presidents. The administra- If you go back in time, when Presi- don’t like Mr. Estrada, if you don’t be- tion refused to turn over his Justice Depart- dent Bush was President, Bush 1, when lieve he has the capacity to be a circuit ment memos—though no reasonable Con- he left his Presidency and the Demo- court of appeals judge, vote no. But if gress ought to be seeking such material, as a crats controlled the committee at that

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2623 time, there were 97 vacancies and 54 I think it is important to note again we are entering into a sad new chapter left holding. In other words, 54 nomi- what some of my colleagues had to say in the confirmation of judicial nomi- nees did not get heard. By the way, one about filibustering judicial nominees nees. It is a chapter where the will of a of them was , who has when there was a Democrat in the minority of the Members of this body been sitting here for 11 years, nomi- White House. The ranking member of can obstruct the confirmation of a nated three times by two different the Judiciary Committee, the Senator lower court nominee. Simply put, it is Presidents for this circuit court of ap- from Vermont, said in 1999: tyranny of the minority, and it is un- peals job. It isn’t just 2 years, as the I . . . do not want to see the Senate go fair. Post said; it is 11 years, going on 12. down a path where a minority of the Senate I have to admit there were some on That is disgraceful. He is considered is determining a judge’s fate on votes of 41. our side during the Clinton years who one of the two greatest appellate law- The distinguished Senator from Cali- wanted to filibuster some of his judges. yers in the country, arguing 39 cases fornia, who also serves on the Judici- In all honesty, I fought against that before the Supreme Court. Yet he was ary Committee, likewise said in 1999: and helped to prevent it. We never had blocked last week in committee as A nominee is entitled to a vote. Vote them a true filibuster against a circuit court well. up; vote them down. of appeals nominee. I thought it was The fact is, when President Clinton She continued: unfair then, and I think it is unfair left office and I was still chairman of today. the committee, there were 41 left hold- It is our job to confirm these judges. If we don’t like them, we can vote against them. It is significant that, in addition to ing. There were 67 vacancies, 30 fewer That is the honest thing to do. If there are the Washington Post, many other fine than when the Democrats last held the things in their background, in their abilities newspapers across the country, from committee with a Republican Presi- that don’t pass muster, vote no. California to Maine, have taken note of dent leaving office. And there were 41 My colleague from Massachusetts, a what is going on in the Senate and left holding versus the 54 left by the former Judiciary Committee chairman, have spoken out against a filibuster. Democrats. We didn’t cry about that— said in 1998: These are newspapers that generally do at least I didn’t. That is part of the Nominees deserve a vote. If our Republican not, as a matter of regular practice, process. There are always some left colleagues don’t like them, vote against comment on the Senate’s confirmation holding because it is a difficult process them. But don’t just sit on them—that is ob- of Federal judges. The fact that these to get through. Could we have done struction of justice. newspapers have chosen to speak out better? I think we could have done bet- I wonder why it was obstruction of against a filibuster of Mr. Estrada—a ter; I will acknowledge that. The fact justice then but it is not today. It does nominee with no connection to their is, we didn’t cry when they left 54 appear to be a double standard, as own State—says quite a lot about the hanging, and they shouldn’t be crying White House counsel said this week on blatant unfairness of what is going on because 41 of theirs were left hanging. television. There is a double standard here. By the way, of the 41, at least 9 were being applied to this Hispanic nominee, Take, for example, the Riverside, CA, put up so late no committee chairman without any legitimate, logical, good Press-Enterprise. In a February 18 edi- could have gotten them through, so it reason for holding him up. torial, it said: was really only 32. And if you go back I think I have made my point. When The Democrats’ tactic employed last week through these, for many there was no the shoe was on the other foot—when a of filibustering the nomination of [Mr. consultation with the Republican Sen- Democratic President was the one Estrada] . . . is an anything-goes strategy ators, an absolute must in order to nominating Federal judges—my Demo- that ought to be abandoned. confirm people. cratic colleagues stood firm against This is a newspaper that happens to I happen to know this administration the idea that a judicial nominee should agree with the Democrats’ conten- is consulting with Democrat Senators. be denied a vote. But now that it is a tion—which I think is absolutely base- To the degree that Senators say they Republican President nominating Fed- less—that Mr. Estrada was not com- are not, that is because they interpret eral judges, things are obviously dif- pletely open during his testimony be- the consultation to mean doing what ferent to them. They apparently no fore the Judiciary Committee. It is they want rather than what the Presi- longer believe it is a problem to go also a newspaper that was pretty harsh dent wants. That is not the definition down a path where a minority of the on us Republicans in the same edi- of consulting. torial—unjustly, in my view, but that There is a point here that bears re- Senate is determining a judge’s fate on votes of 41, or requiring a super- is a different story. The point is that peating because I believe that in the its anti-filibuster position is even more debate over Mr. Estrada’s nomination majority vote of 60 in order to have a nominee approved and confirmed—even credible. The Press-Enterprise is say- this point has been lost. My Demo- ing that even if you did not like the cratic colleagues have articulated though our obligation is to advise and way Mr. Estrada answered questions every reason under the Sun they be- consent. That means a vote up or down. before the committee, that is no reason lieve they should vote against Mr. They no longer believe that voting on a nominee—whether for or against—is to filibuster his nomination. Estrada, yet they will not allow his As they concluded: nomination to proceed to a vote. Why the honest thing to do, and they no [T]he process has to stop at some point. is this? I will tell you what I think, longer believe that denying nominees a vote is obstruction of justice—which is It’s one of advice and consent, not advise and plainly put, with no window dressing: I confront. think it is because they are afraid Mr. what they called it when they had the Presidency. And liberals were being Let’s look at what some of the other Estrada will be confirmed if there is a newspapers across the country have vote on his nomination. I predict he nominated and confirmed by us then. There is no question that we are in been saying since this filibuster started will be. They believe a majority of the 3 weeks ago. Like the Riverside Press- Members of this body will vote to con- the middle of a full-blown filibuster of Mr. Estrada’s nomination. The Senator Enterprise, many of these newspapers firm him. are quite harsh on us Republicans, too, The only way they can prevent this from New York, Mr. SCHUMER, has said but they are united on one point: The from happening is to filibuster his they are not filibustering. What the filibuster of Mr. Estrada’s nomination nomination. As I said last week, when heck is it then? Preventing a vote up is unfair and it should end. a minority of Senators prevent a ma- or down on the nominee is called a fili- Another California newspaper, the jority from voting on a judicial nomi- buster. They can prevent a vote, as Redding Record Searchlight, had this nation, it is nothing but tyranny of the long as they can require us to get 60 to say: minority. It is unfair, and it has no votes and as long as they have at least place in the process we use to confirm 41 votes against cloture. Never before This filibuster comes at a time when there are all sorts of pressing issues before the na- judges. has an appellate court nominee—or any tion. The tactic has no excuse. . . . If liberals Last week, I noted that some of my lower court nominee, for that matter— in the Senate think conservatives will spell Democratic colleagues were not always been defeated through a filibuster. the end of civilization if they become judges, so eager to use a filibuster to prevent a If this filibuster is successful, if Mr. they can vote against Estrada. Keeping oth- vote on judicial nominations. Estrada’s nomination is denied a vote, ers from voting their consciences on this

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2624 CONGRESSIONAL RECORD — SENATE February 25, 2003 particular matter is more than slightly rep- But in the best of times, such a request tion. The tactic has no excuse (although rehensible. would be out of line, and these are closer to there are explanations, such as a Democratic The Bangor Daily News in Maine the worst than to the best for the nomina- fear that Estrada would be in line for a Su- wrote that the Democrats: tion process. If the memoranda were to be preme Court nomination if he gets this other used as an honest beginning to a discussion judgeship first). If liberals in the Senate are mistreating a fellow citizen through of Ms. Estrada’s legal views, there might be think conservatives will spell the end of civ- the same means they fear an unqualified some justification for releasing the docu- ilization if they become judges, they can judge would employ: using their authority to ments that would normally be considered vote against Estrada. Keeping others from harshly punish someone on ideological privileged. voting their consciences on this particular grounds. It is unfair no matter which party One suspects that’s not the role the Demo- matter is more than slightly reprehensible. does it and it is harmful to the working of crats have in mind for the memoranda. They the Senate. probably hope to expose Mr. Estrada’s con- [From the Bangor Daily News, Feb. 19, 2003] Well, amen to that. servative views, which no one doubts he VOTING ON ESTRADA holds, in hopes of defeating the nomination The Providence Journal-Bulletin in George Washington took office April 30, Rhode Island said: or at least scoring some political points. The two parties have been allowing their 1789, but the Senate waited until Aug. 5 of The point about Miguel Estrada is not that political battles over judicial nominees to that year to reject one of his nominees— he may or may not harbor conservative judi- escalate since Robert H. Bork’s nomination Banjamin Fishbourn of Georgia, one of 102 cial opinions. The point is that he is an in- to the U.S. Supreme Court in 1987. One sus- appointments submitted by President Wash- spiring American success story, a brilliant pects that Republicans, if they were in the ington to become collectors, naval officers scholar, a distinguished public servant, and minority, would have done the same with the and surveyors of seaports. The Senate thus an outstanding lawyer. For Senate Demo- Estrada nomination. The parties need to de- established the use of its authority for ad- crats to talk down his nomination is not just escalate. vise and consent and simultaneously dem- embarrassing, but outrageous. A first step would be to not filibuster onstrated that no appointment is too minor The Grand Forks Herald in North Da- nominations like this one of a well-qualified to fret over. kota wrote in an editorial entitled nominee. He’s distinctly an American suc- Just before they left for vacation last ‘‘Stop the Filibuster’’ that Senate cess story, having immigrated from Hon- week, Senate Democrats had begun what they say will be an extended filibuster of the Democrats ‘‘should back off and let the duras, gone to Columbia and Harvard and served as a clerk to a Supreme Court justice. nomination of Miguel Estrada, nominated in Senate vote.’’ May 2001 by President Bush to become U.S. The Chicago Sun-Times asked: Democrats, or Republicans when they are in the minority, may fairly make things circuit judge for the District of Columbia [W]ho can look at the spectacle of the tough on a nominee in committee or on the Circuit. The Democrats say they do not have 108th Congress and not believe that both jus- Senate floor, in order to fashion nominations enough information about the nominee and tice and the basic operation of the Nation is more to their liking. But the process has to cannot persuade him to talk sufficiently being sacrificed on the altar of ugly, obstruc- stop at some point. It’s one of advice and about his judicial philosophy so cannot allow tionist, partisan politics? consent, not advise and confront. a vote. They continued: This lack of information, however, has not Our legal system cannot and must not be [From the Redding Record Searchlight, Feb. stopped conservative groups from strongly held hostage to political nitpicking. 15, 2003] supporting the nomination and liberal groups from strongly opposing it. They know The Rochester, NY, Democrat and SENATE LIBERALS SHOULD NOT FEAR VOTE FOR JUDGE enough to choose a position, as do the Demo- Chronicle opined: Miguel Estrada is—oh no, oh no, can it crats, who actually mean by insufficient in- Yet another fight over a judicial nominee be?—a conservative, and if that makes your formation that they would like to reject a should not descend to filibuster. heart pound with fear, you may very well be Bush nominee but were hoping to find a larg- The Detroit News wrote: a Democrat serving in the Senate. You would er reason for doing so than the fact that Mr. Estrada apparently supports strong anti-loi- Estrada should have his nomination put up then be among those trying to thwart tering laws, to the detriment of migrant for an ordinary vote, as have all of his prede- majoritarian decision-making with a fili- workers. cessors. If he loses, fair enough. But a fili- buster, there being no chance that an honest Democratic Sen. Harry Reid of Nevada a buster would signal an unreasonable posture vote will go your way. couple of weeks ago quoted comments his by Democratic Senators that could have It’s irresponsible and an outrage, this Republican colleagues offered during the long-term—and damaging—consequences for hysteria being acted out by the Democrats Clinton administration on the requirement how business is conducted in the U.S. Sen- to keep Estrada from serving on the U.S. that the Senate ‘‘do what it can to ascertain ate. Court of Appeals for the District of Colum- the jurisprudential views a nominee will Mr. President, I ask unanimous con- bia. But the Democrats do have their ex- cuses, each more petty and pathetic than the bring to the bench,’’ to use an example from sent that these and other editorials next. Republican Sen. Orrin Hatch of Utah. (Sen. from newspapers across the Nation One excuse is that they just don’t know Reid also offered numerous precedents in condemning the filibuster of Mr. enough about this fellow, but there is a life which memoranda of the sort Mr. Estrada Estrada’s nomination be printed in the history here, and a rather amazing one: wrote while advising the solicitor general have been made public, as they have not RECORD. Estrada immigrated to this country from There being no objection, the mate- Honduras, graduated with honors at Colum- with this nomination.) Sen. Reid’s point, of course, is that if this behavior was accept- rial was ordered to be printed in the bia College, was editor of the Law Review at , was a clerk to a Su- able for Republicans it ought to be accept- RECORD, as follows: preme Court justice, has argued before the able for Democrats. But for the public, it is [From the Press-Enterprise, Feb. 18, 2003] Supreme Court 15 times, has done pro bono not acceptable in either case. The process of filling a vacancy in the fed- work for a down-and-outer and has received The Senate has a long history of rejecting eral judiciary is a political one. The Found- the highest possible recommendation of the presidential nominations, from Cabinet ap- ing Fathers placed it into a political area. . pointments right down to surveyors of sea- The president nominates and the Senate con- Well, but the administration won’t hand ports. Democrats, having drawn out this firms—or doesn’t—but that doesn’t mean over memos he wrote when he was in the so- nomination for maximum political effect, anything goes. licitor general’s office, say the Senate Demo- now face the questions of backlash for ap- The Democrats’ tactic employed last week crats. It apparently does not matter to them pearing to beat up a nominee. More impor- of filibustering the nomination of Miguel A. that publicizing them could rob future tantly, they are mistreating a fellow citizen Estrada to the U.S. Court of Appeals for the memos of their candor and that every former through the same means they fear an un- District of Columbia Circuit is an anything- solicitor general of either party has said the qualified judge would employ: using their au- goes strategy that ought to be abandoned. Democrats seek too much. thority to harshly punish someone based on However, with 49 Democratic senators, they But listen, the Democrats continue, ideological grounds. It is unfair no matter are likely to be able to muster the 41 votes Estrada refused to blab his heart out when which party does it and it is harmful to the needed to maintain a filibuster. he appeared before a Senate committee, as if working of the Senate. What makes the filibuster inappropriate is they did not know that its violates widely The Democrats should consider that the that it is rarely used to block a judicial endorsed principles to indicate beforehand information they have in hand is all they nominee, and Mr. Estrada hardly qualifies as how you as a judge might decide cases that will get and allow, even encourage, a vote. If a target for such a big gun. Yes, he was not could come before you. Estrada did say he the information is insufficient, they should completely open with members of the Judici- would be an impartial judge loyal to the law. vote no and see if they can round up enough ary Committee when he appeared, and Demo- On other topics—his broad political views— votes to block the nomination. If it is suffi- cratic senators are frustrated by the White he was relatively quiet, which is fine. cient and they have no substantial questions House’s refusal to release to them memo- This filibuster comes at a time when there about Mr. Estrada’s abilities, they should randa he wrote as solicitor general. are all sorts of pressing issues before the na- vote yes even if they do not agree with all of

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2625 his politics. But the filibuster should end for the minority party to have its way. That President Bush called the Democratic ap- this week with the congressional recess. method is the filibuster. Senate Democrats proach ‘‘shameful politics.’’ We are not re- are staging one now against Miguel Estrada, vealing a bias when we agree—the nation [From the Providence Journal-Bulletin, Feb. an appeals court nominee. needs good judges, from both parties, of both 14, 2003] They should back off and let the Senate conservative and liberal outlooks. Our legal THE ESTRADA CASE vote. system cannot and must not be held hostage The decision of Senate Democrats to fili- A filibuster is a delay that can’t be broken to political nitpicking. Estrada deserves to buster the nomination of Miguel Estrada to without a supermajority’s consent. Now, at be the first Hispanic on the U.S. Court of Ap- the U.S. Court of Appeals for the District of times in a democracy, a ‘‘tyranny of the ma- peals for the District of Columbia, and if his Columbia is unfortunate, to say the least. jority’’ may arise that principled senators nomination in some way helps to break the Democrats are now in the position not only feel they must resist. This isn’t one of those political deadlock keeping critical judge- of turning away a nominee rated ‘‘highly times. Estrada is neither a criminal, nor a ships from being filled, that will be just an- qualified’’ by the American Bar Association, spy, nor a hack whose nomination sprang other accomplishment to add to his record. but of rejecting a onetime Supreme Court from backroom deals where money changed clerk and Honduran immigrant who grad- hands. [From the Rochester Democrat and uated magna cum laude from Harvard Law Just the opposite: He is, by every account, Chronicle, Feb. 7, 2003] School, for political reasons. a living, breathing embodiment of the Amer- THE ESTRADA NOMINATION ican dream. An immigrant from Honduras, The Democratic complaint is that Mr. Yet another fight over a judicial nominee Estrada is a ‘‘stealth conservative,’’ and that Estrada spoke little English when he came to the United States at age 17. Yet, he grad- should not descend to filibuster. his responses in committee hearings were in- The oft-heard scuttlebutt around Wash- uated with honors from Harvard Law School, sufficient to reveal his political opinions. To ington is that Congress is a far less conge- clerked for a Supreme Court justice and that end, Minority Leader (D.– nial place now than 20 years ago. Partisan- built an honorable and exemplary career. S.D.) and his colleagues have demanded not ship, once a coin of the realm, is today the only supplementary detailed responses to po- He’s also a judicial conservative. And if there’s one thing that drives some Demo- only currency that matters. litical inquiries, but also Mr. Estrada’s con- The truth of that troubling assessment fidential memoranda written while he was an crats berserk, it’s a person from an ethnic minority background who strays from the shows most tellingly in the drag-out fights assistant solicitor general. Every living so- over judicial nominees. It used to be that the licitor general, Democratic and Republican, party line. That’s why the Democrats are filibus- opposing party, once in power, would get its has gone on record to oppose this unwar- appointments. No longer. ranted intrusion into the deliberative proc- tering. That’s why they’re holding up mat- ters of real-life war and peace. That’s why Led by Sen. , Senate Demo- ess in the Justice Department. And the Bush crats, who narrowly lost a Judiciary Com- administration has been correct to resist they’re thwarting the majority’s will and as- serting an anti-democratic veto power on a mittee vote on U.S. Court of Appeals nomi- Democratic demands. nee Miguel Estrada, are threatening a fili- Make no mistake: Senate Democrats are matter of congressional routine. And that’s why they ought to back off. buster to prevent a floor vote on the nomina- worried that President Bush might nominate tion. Estrada’s sin? He was unresponsive to conservative lawyers and jurists to the fed- Because frankly, those reasons are politics, nor principle. And politics isn’t enough. the committee’s questions regarding past eral bench. But that is no reason to reject a causes and other issues. highly qualified nominee. Just as Bill Clin- [From the Chicago Sun-Times, Feb. 14, 2003] It’s a smokescreen. The Democrats know ton appointed judicial liberals to the federal Estrada’s legal record, and it’s a good one. bench—including three Supreme Court jus- WHEELS OF JUSTICE CAUGHT IN WASHINGTON To suggest tha the needed to answer the tices—it stands to reason that Mr. Bush will GRIDLOCK, AGAIN questions to establish his credentials is dis- nominate conservatives. ‘‘The time has come for the U.S. Senate to ingenuous. There’s more than enough known The process is called democracy. Demo- stop playing politics with the American judi- about Estrada for an up-or-down floor vote. crats may not like the results of the 2000 cial system. So bad has the situation become A filibuster could make partisanship his- presidential election, but their recourse is to that some Americans wonder whether justice tory—never before has the Senate prevented win back the White House in 2004, not to sub- is being hindered . . .’’ So began an editorial a lower-court confirmation via filibuster. ject distinguished nominees like Miguel on this page five years ago, during the now- The Democrats have a duty to ask tough Estrada to political torture. distant days of the Clinton administration, questions and to base their votes on the an- And after all, judicial nominations are for when Senate Republicans were stonewalling swers, or lack of them. But they also have a life, and no president can be clairvoyant. judicial nominees from a Democratic presi- duty to live by the final tally—not delay its When Franklin Roosevelt nominated Felix dent. taking with divisive filibuster. Frankfurter for the Supreme Court in 1939, We mention it because the party in power he had no idea that Justice Frankfurter tends to scream about efficient government, [From the Detroit News, Feb. 10, 2003] would evolve into one of the court’s leading while the party out of power complains U.S. SENATE SHOULD FORGET JUDICIAL conservatives. And when the first George about failure to follow procedure. To quote CANDIDATE FILIBUSTER Bush nominated David Souter for the court Shakespeare, ‘‘A plague on both their in 1989, he might have changed his mind if he houses.’’ The only update we’d make in the IT’S TIME TO END VENDETTAS AND REVENGE IN had known that Justice Souter would be- opening quote is to change ‘‘some Ameri- JUDICIAL NOMINATIONS come one of the court’s reliable liberals. cans’’ into ‘‘many Americans’’ or even ‘‘most U.S. Senate Democrats’ threat to filibuster The point about Miguel Estrada is not that Americans.’’ For who can look at the spec- President George W. Bush’s nomination of he may or may not harbor conservative judi- tacle of the 108th Congress and not believe Miguel Estrada to the U.S. Court of Appeals cial opinions. The point is that he is an in- that both justice and the basic operation of in Washington, D.C. would further poison an spiring American success story, a brilliant the nation is being sacrificed on the altar of already badly damaged judicial nomination scholar, a distinguished public servant and ugly, obstructionist, partisan politics? process. an outstanding lawyer. For Senate Demo- After dragging their feet on shifting com- Both parties share the blame for the crats to talk down his nomination is not just mittee chairmanships and the routine oper- wrecked process. But Senate Democrats are embarrassing, but outrageous. ations of the nation’s business, Senate now engaging in revenge for bad GOP behav- Democrats, though in a minority, are threat- ior in the second term of former President [From the Grand Forks Herald, Feb. 15, 2003] ening to filibuster over the confirmation of Clinton, when Republicans stalled votes on a EDITORIAL: STOP THE FILIBUSTER Miguel Estrada, a Washington lawyer who number of his nominees, ultimately derail- Our View: Senate Democrats should let seems eminently qualified for the federal ap- ing them when Bush gained the presidency. Miguel Estrada’s name come up for a floor peals bench in every way except for his alac- Until the GOP regained the Senate last No- vote. rity to answer questions about his opinions vember, they tied up a number of Bush nomi- There are two responsible ways for Senate on legal matters that have not yet been pre- nations in committee. Democrats to keep conservative lawyers off sented to him, such as the issue of abortion. Now, the Democrats have a chance to rise of the federal bench. The entire idea behind disabling the busi- above partisan political hackery and end this The first is for Democrats to regain a ma- ness of the nation is so that the blame for stupid game. Instead, they are seriously con- jority in the Senate. The second is to con- whatever bad situation we find ourselves in sidering making the situation worse. vince a few Republicans to vote against come election 2004 can be laid at the feet of Miguel Estrada is a well-regarded native of those nominees on the floor. Both of those the Republicans, since they are in power. Honduras who served in the office of U.S. so- methods use politics’ most-respected and But the Democrats forget that, if they man- licitor general under both former Presidents time-honored technique: persuasion—per- age to torpedo the Republican agenda, then Clinton and George H.W. Bush. The solicitor suading voters in the first case, colleagues in the Republicans are not really fully in general represents the U.S. government be- the second, of the strength and power of your power, and whatever problems are certain to fore the Supreme Court. argument. come are the fault of both parties. And ob- Estrada has personally argued 15 cases be- In the U.S. Senate, however, there’s also a structionism hurt Democrats in last Novem- fore the nation’s highest court. He has been coercive and borderline-irresponsible method ber’s voting. unanimously rated ‘‘well-qualified’’ by the

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2626 CONGRESSIONAL RECORD — SENATE February 25, 2003 American Bar Association—which Senate Mr. President, I have additional re- scendants of the Scotch-Irish who were Democrats declared would be the ‘‘gold marks, but I notice the distinguished driven out of Northern Ireland by the standard’’ by which they would assess judi- Senator from Georgia is here. I note Stuart Kings. They landed in Maryland cial nominees when they controlled the Sen- ate. that he wants to give some remarks and Virginia and migrated westward as Estrada’s nomination was one of those bot- and I am happy to interrupt my re- far as the hostile Indians and French tled up in committee. With the GOP in con- marks for that purpose. I know he has would allow, and then moved south- trol, his nomination has now been voted out an important message he would like to ward into the heart of a region of rug- to the Senate floor. The nomination is draw- give. I am happy to interrupt my re- ged mountains and beautiful valleys we ing more than the usual interest because marks for him. now know as Appalachia. Estrada, 42, is considered a strong possibility The PRESIDING OFFICER. The Sen- for eventual nomination to the U.S. Supreme They were accompanied and followed Court by President Bush. ator from Georgia. by the Huguenots, Pennsylvania Quak- Senate Democrats are deciding just how Mr. MILLER. Mr. President, I ask ers, Palatine Germans, and various dis- much they want to obstruct the president’s unanimous consent to proceed in morn- satisfied Protestant sects. nominees. A filibuster can only be broken by ing business as in legislative session 60 votes—9 votes more than is usually re- for 15 minutes. These mountain people were the very quired for a nominee to be approved. Report- The PRESIDING OFFICER. Without first Americans to fall back on their edly, a filibuster has never before been used objection, it is so ordered. own resources as they settled in isola- to block an appointment to the U.S. Court of tion from the remainder of the Nation HILLBILLIES Appeals. and the world. Democrats complained that Estrada, dur- Mr. MILLER. Mr. President, I rise ing his committee hearings, declined to tell this morning—and I appreciate the Their language, customs, character, them his positions on particular issues. It is generosity of the Senator from Utah possessions, knowledge, and tools were a violation of the canons of judicial ethics and the Senator from Vermont in giv- isolated with them and suspended in for potential judges to do that. ing me this opportunity—to get some- time, an unchanging microcosm of Democrats also demanded that he produce early American thought, culture, and his memos and recommendations while he thing off my chest. was in the solicitor general’s office—which CBS Television is currently planning mores. had never been done for any other candidate what that great company calls ‘‘a hill- These mountaineers possessed the who had been an assistant in that office. The billy reality show.’’ I would like to say qualities that formed the fundamental demand was rejected not only by Estrada, a few words about that as a Senator elements of pioneer American char- but by every former solicitor general still who happens to be a hillbilly. acter: love of liberty, personal courage, living, including those who served Demo- I can call myself that, Mr. President, cratic presidents. a capacity to withstand and overcome The level of obstruction his nomination but please don’t you call me that, for hardship, unstinted hospitality, in- has faced has been truly extraordinary. ‘‘hillbilly’’ is a term of derision that tense family loyalty, innate humor, Michigan Sens. Carl Levin and Debbie Stabe- was first coined in April of 1900 when and trust in God. now—who are running their own vendetta in the New York Journal had an article It could be said that if they had one blocking four Bush nominees to the Court of on ‘‘Hill Billies’’ with this description: Appeals in Cincinnati—shouldn’t be a part of overriding characteristic, it would A free and untrammeled white citizen who have to be independence. They devel- it. That would be an insult to their Hispanic lives in the hills, has no means to speak of, constituents. talks as he pleases, drinks whiskey when he oped as extreme, rugged individualists Estrada should have his nomination put up gets it and fires off his revolver as his fancy who never closed their doors, had in- for an ordinary vote, as have all his prede- strikes him. herent self-respect, were honest and cessors. If he loses, fair enough. But as fili- shrewd, knew no grades of society, and buster would signal an unreasonable posture The description has not improved by Democratic senators that could have very much over the past 100 years. had unconscious and unspoiled dignity. long-term—and damaging—consequences for White minstrel shows depicting these They were utterly without pretension how business is conducted in the U.S. Sen- ignorant creatures played to laughing or hypocrisy. ate. audiences in New York and Chicago in When the Civil War came along, it Mr. HATCH. I agree with these news- the 1920s and 1930s. was this area of the Mountain South papers that the perpetuation of this fil- After a man named Al Capp saw one, that opposed secession, for there were ibuster against Mr. Estrada’s nomina- he dreamed up the comic strip ‘‘Li’l no vast plantations in the mountains tion is extremely unfair. It is unfair to Abner’’ who lived in a place called of the South and very few slave owners the majority of the Members of the Dogpatch with a mama who smoked a among those poor people. Some even Senate who stand prepared to vote on pipe and a girlfriend named Daisy Mae fought on the side of the Union, with Mr. Estrada’s nomination. It is cer- who ran around barefooted and half families sometimes divided over that tainly unfair to Mr. Estrada, whose life naked. It was a riot, and it made Al terrible conflict. is in limbo while the Senate engages in Capp a fortune. Later, when the wars of the 20th cen- its endless debate. It is unfair to the A short time later, Snuffy Smith, a tury came along, it was the families in American people, who have a justified wife abuser with his ever-present jug of the mountains of the South who sent a expectation that the Senate will vote moonshine, also appeared in comic disproportionate share of their young on Mr. Estrada’s nomination and move strips around the Nation. Then came men who volunteered to fight in dis- on to debate and consider other impor- Ma and Pa Kettle in the movies and tant lands, far away from their peace- tant business. the Beverly Hillbillies on television. ful valleys. The solution is not to protract de- Even the contemporary poet and au- bate, upon which some of my Demo- thor James Dickey has contributed to When this country was threatened to cratic colleagues insist. The solution is this false image of mountain people by be torn apart over Watergate, it was not to go on a fishing expedition for portraying them as depraved cretins in two great Members of this Senate from privileged, confidential memoranda his popular book and movie ‘‘Deliver- opposite parties but the same part of Mr. Estrada once authored on appeal ance.’’ the country who helped keep this Na- recommendations, certiorari rec- My neighbors and I have lived with tion on an even keel: Democrat Sam ommendations, and amicus curiae rec- this ridicule and overdrawn stereotype Ervin from the mountains of North ommendations. The solution is not to all of our lives, as did our parents and Carolina and Republican Howard Baker demand answers to questions that Mr. their parents before them. My roots from the mountains of Tennessee. Estrada already addressed when the run very deep in the Appalachian I am very pleased and proud that Senate was under Democratic control. Mountains of North Georgia where I these are my people, and I find that The solution is for Senators to vote on was born and raised and always have one of the great ironies of history is Mr. Estrada’s nomination. Vote for made my home. It is where my chil- that while the cowboy, another type of him or vote against him. Do what your dren, grandchildren, and great grand- frontiersman, has been glorified, the conscience dictates. Just vote—exactly children live today. mountaineer—the first frontiersman— what the Washington Post has called My ancestors were among the very has been ridiculed and caricatured in upon us to do. first mountain settlers. They were de- the image of a Snuffy Smith.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2627 Why am I going into all of this? Be- That was Washington’s dream for this everybody knows, especially those of cause now in the 21st century—the en- country. us like the distinguished Presiding Of- lightened 21st century—there are plans What CBS and CEO Moonves pro- ficer, who have practiced law, becom- underway for a new hillbilly minstrel posed to do with this Cracker Comedy ing a Federal judge for a lifetime is a show using the same old stereotype, is ‘‘bigotry’’ pure and simple. Bigotry privilege. It is not a right. denigrating, laughing at, and ridiculing for big bucks. They will deny it. They No nominee should be rewarded for this group of people. will say it is just harmless humor. But stonewalling the Senate and the Amer- CBS calls it a reality show—CBS, the they know better and they feel safe. ican people. The Constitution directs once proud and honorable broadcasting They know the only minority left in Senators to use its judgment in voting company that brought us Edward R. this country that you can make fun of, on judicial nominees. It does not direct Murrow and that unforgettable pro- demean, humiliate, put down and hard- them to rubberstamp. It says ‘‘advise gram of his, ‘‘The Harvest of Shame.’’ ly anyone will speak up in their de- and consent,’’ not advise and In the sixties, brave and courageous fense are hillbillies in particular and rubberstamp. CBS reporters risked their lives to poor rural people in general. You can During the 17 months that the Demo- cover the civil rights struggles in the ridicule them with impunity. crats were in control of the Senate, we South, and for decades, CBS’s ‘‘60 Min- Can you imagine this kind of pro- confirmed a record 100 of President utes’’ has set the standard for all of gram being suggested that would dis- Bush’s judicial nominees. Interestingly television. But today in this money- respect an African American family or enough, no judicial nominees of Presi- grubbing world, CBS, it seems, has be- denigrate a Latino family? Years ago, dent Bush’s had been confirmed up to come just another money-grubber. the program Amos and Andy was re- mid-July when I took over as chairman It is now part of the giant Viacom. moved from television—as it should of the committee. Within 10 minutes of CBS has a CEO named Mr. Les have been—because it was in poor taste taking over as chairman of the com- Moonves, the man who is pushing this and made fun of a minority. mittee, I called the first confirmation program-to-be; a man who obviously In this wonderful and diverse country hearing, and in 17 months we set a believes that network television is an today, one of every six Americans record of moving nominations. We cer- ethics-free zone and that it is accept- speaks some other language other than tainly acted faster, and I believe more able for big profits to always come English in their homes. In my home fairly, than the Republicans did for ahead of good taste. State of Georgia, their number has President Clinton. I do not know Mr. Moonves, but from more than doubled in the past decade. President Bush also has proposed sev- his actions, it seems he is a person who I believe that may be the largest in- eral controversial nominees like cares little about human dignity and crease in the Nation. Miguel Estrada. They divide the Amer- believes television has no social re- From the red clay hills of Georgia to ican people and the Senate. The Presi- sponsibility. I suppose we should not be the redwood forests of California, all of dent, of course, could easily end this surprised, for his ilk have been around us are struggling to answer the simple impasse. I hope he will act to give Sen- long before the creators of Li’l Abner question: Can’t we all get along? ators the answers they need to make and Snuffy Smith. Since the beginning And that daunting challenge, can’t informed judgments about this nomi- of civilization, there have always been we live our lives as if we are all created nation. That was suggested by one of some Homo sapiens who, it seems, had equal? All of us: we eat, we sleep, we the most distinguished and senior Re- to have someone to look down upon, have strengths and weaknesses; we publican Members of this Senate. So some group to feel superior to. For this have dreams and anxieties. A tear far it has been rejected by the White kind of person, it is as basic to their knows no race, no religion, no color. A House. I hope they will reconsider. The human nature as the drive to reproduce tear has no accent. We all cry in the President can also help by choosing or the urge for food and water. They same language. mainstream judicial nominees who can were there in the time of the Greeks. Many years ago, the rabbis were unite instead of divide the American They were there in the time of the Ro- asked why was it that in the beginning people. mans. They can be found all through God created just one man, Adam, and Unfortunately, the White House the Bible. That is what the parable of one woman, Sa-ba, or Eve. Surely, God seems to have this attitude that they the Good Samaritan is all about. could have created multitudes. should divide and not unite, and I Jesus was very concerned about how The rabbis answered that only one think that is a mistake. One of the un- the rejects of society were looked down man and one woman were created to fortunate aspects of the President’s de- upon and warned us about ‘‘a haughty help us all remember that we all came termination to pack the Federal courts spirit’’ and an ‘‘unkind heart.’’ from the same mother and father. So with extreme conservatives is a divi- Shakespeare wrote about them as did no one should ever say, ‘‘I’m better sion that the nomination of Miguel Dickens and Steinbeck and Faulkner. than you, ‘‘and no one should ever feel, Estrada has caused among Hispanics. And songwriter Merle Haggard, who ‘‘I’m less than you.’’ Rather than nominate someone whom knew personally how it felt, wrote that CBS, Viacom, Mr. Moonves: I plead all Hispanic Americans would support, memorable line ‘‘another class of peo- with you to call off your hillbilly hunt. the President has chosen to divide ple put us somewhere just below, one Make your big bucks some other way. rather than unite. The White House’s more reason for my mama’s ‘‘Hungry Appeal to the best in America not the ideological litmus test has motivated Eyes.’’ worst. Give bigotry no sanction. the President to select another highly This country was not meant to be For no one—not even a rich and pow- controversial nominee rather than a this way. We are supposed to be better erful network like CBS—should ever consensus nominee. than that. More than two centuries use the airwaves of this Nation to say Over the last several days, the divi- ago, Moses Sexius was the warden of to one group of people in God’s image, sion within the Hispanic community the Hebrew Congregation of Newport, ‘‘We’re better than you.’’ has been the subject of a number of RI. And no one, Mr. Moonves, no one news reports. On February 14, the He wrote hopefully to the President should ever be made to feel, ‘‘they’re Washington Times ran a front page of this new Nation of his delight at the less than you.’’ story quoting a statement for the Na- birth of a government ‘‘which to big- I yield the floor. tional Council of La Raza noting that otry gives no sanction, to persecution The PRESIDING OFFICER. The Sen- since the Latino community is clearly no assistance, but generously affords to ator from Vermont. divided on the Estrada nomination, we all liberty of conscience.’’ Mr. LEAHY. Mr. President, I thank find the accusation that one side or an- That new President, George Wash- the Senator from Georgia for his com- other is anti-Latino to be particularly ington, wrote back. ments. divisive and inappropriate. Here is a copy if the letter affirming The Senator from Utah has spoken The division was likewise noted in that the Government of the United and will be coming back, and so I am the Boston Globe on February 15, in a States ‘‘would give to bigotry no sanc- going to speak about the Estrada nomi- story by Wayne Washington. And on tion, to persecution no assistance.’’ nation, the matter at hand. I say what February 20, the Washington Post

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2628 CONGRESSIONAL RECORD — SENATE February 25, 2003 noted the division in a story by Darryl an assistant to the solicitor general during [From the Washington Post, Feb. 20, 2003] Fears. the Clinton administration. Currently, he is FOR HISPANIC GROUPS, A DIVIDE ON ESTRADA I ask unanimous consent that some a partner in the Washington office of Gibson, POLITICAL, GEOGRAPHIC FAULT LINES EXPOSED Dunn & Crutcher. of the articles on this issue be printed His ethnicity and academic and legal (By Darryl Fears) in the RECORD. record have been enough to win the support When he spoke in support of federal judi- There being no objection, the mate- of some Latinos, while critics maintain that cial nominee Miguel Estrada at a recent rial was ordered to be printed in the Estrada, a member of the conservative Fed- news conference, Jacob Monty masked his RECORD, as follows: eralist Society, has not clearly spelled out harsh criticism of opponents in Spanish. He said Latinos who are fighting against the [From the Boston Globe, Feb. 15, 2003] his judicial philosophy. He clerked for Jus- tice Anthony M. Kennedy, a member of the Bush administration’s choice for a judgeship LATINOS BITTERLY DEBATE ESTRADA conservative majority on the Supreme on the U.S. Court of Appeals for the District NOMINATION Court. of Columbia Circuit ‘‘no tienen vergu¨ enza’’— (By Wayne Washington) ‘‘That Miguel Estrada is of the Hispanic have no shame. WASHINGTON.—President Bush’s nomina- culture counts far more than the fact that he That comment by Monty, a former chair- tion of Miguel Estrada for a federal judge- is a Republican or a Democrat,’’ said Tina man of the Texas-based Association for the ship has exposed sharp divisions among Romero-Goodson, a social service official in Advancement of Mexican Americans, was Latinos, who are weighing the possibility of New Mexico. ‘‘What weighs heavily with me just one shot in a bitter war of words that having one of their own on a fast track to is that he is Hispanic and will have far more has divided Latino politicians and civil the US Supreme Court against a fear that in common with me and mine than a Demo- rights organizations in ways rarely seen. the minority group’s interests could be cratic Anglo or African-American can- It followed one fired by Rep. Robert harmed if the Senate confirms that the con- didate.’’ Menendez (N.J.), a member of the Demo- servative lawyer of Honduran descent. Representative Robert Menendez, Demo- cratic Congressional Hispanic Caucus, which In the divisive intra-ethnic battle, some crat of New Jersey, said Estrada ‘‘shares a opposes the nominee. ‘‘Being Hispanic for Latinos have challenged Estrada’s allegiance surname’’ with Latinos but has done little to us,’’ Menendez said, ‘‘means much more than to the Hispanic community, an accusation help them. having a surname’’—a statement his critics that others have sharply criticized. Each ‘‘Mr. Estrada said he is unfamiliar with understood to imply that Estrada is not side has at times accused the other of being cases that are important to our commu- ‘‘Hispanic enough.’’ The name-calling has reminded some ob- anti-Latino. The debate has gotten so nasty nity,’’ Menendez said. ‘‘He has said that his servers of the bitterness among African on Spanish-language television and over the being Hispanic would be irrelevant to his Americans during the Senate confirmation Internet that this week the National Council role as a judge. I don’t want it to be irrele- hearing for Supreme Court Justice Clarence of La Raza, a Latino group that says it is vant, and neither does the community.’’ Thomas—a hearing that Thomas, a conserv- neutral on Estrada’s nomination, called for That stark call to ethnic solidarity out- ative black man, likened to a lynching after both sides to tone down their language. rages other Latinos. liberal activists persuaded Anita Hill, a ‘‘We urge those who are engaging in name- ‘‘I think it’s just shameful,’’ said Robert G. former assistant, to come forward with sex- calling and accusatory language to instead de Posada, president of Latino Coalition, a ual harassment allegations against him. focus on the substantive issues and merits of nonprofit Washington-based policy group. Latino activists have differing perceptions this nomination,’’ the group said in its state- ‘‘There is no other way to describe it.’’ De Posada said Menendez and other con- of who Estrada is and what kind of judge he ment. ‘‘Since the Latino community is clear- gressional Democrats are trying to portray would be. ly divided on the Estrada nomination, we Estrada as a well-off lawyer ‘‘who never had Estrada’s supporters say is a Latino suc- find the accusation that one side or another a problem in his life.’’ cess story, immigrating as he did from Hon- is ‘anti-Latino’ to be particularly divisive Of Menendez, de Posada added: ‘‘He’s a duras at age 17 and going on to graduate and inappropriate.’’ Cuban-American who looks completely from Columbia College at Columbia Univer- Estrada’s nomination to the Court of Ap- white. I wonder: Has he faced the racism and sity and Harvard Law School, and clerking peals for the District of Columbia has been isolation that other Hispanics have faced? for Supreme Court Justice Anthony M. Ken- endorsed by the Hispanic Bar Association, Can you challenge his Hispanic-ness? I would nedy. He is now a partner with the District US Hispanic Chamber of Commerce, the never do that. He’s a success story. But so is law firm of Gibson, Dunn & Crutcher and a Latino Coalition, and the League of United Miguel Estrada.’’ nominee for a judgeship on what is consid- Latin American Citizens, which is com- Pierre M. LaRamee, acting president of the ered the nation’s second most powerful court parable to the NAACP. Opposed are the Puerto Rican Legal Defense and Education because it has jurisdiction over all appeals Mexican American Legal Defense and Edu- Fund, said Republicans have attempted to regarding federal regulatory agencies. cation Fund, the Puerto Rican Legal Defense portray Estrada as ‘‘a Latino Horatio Opponents question whether Estrada ap- and Education Fund, and the Congressional Alger.’’ That portrayal, LaRamee argues, preciates the interests of poor people—his Hispanic Caucus, whose members are Demo- makes it proper to question just how rep- family came from the Honduran elite—and crats. resentative he is of Latino communities. say his conservative politics would color his Bush nominated Estrada in May 2001, but ‘‘He didn’t come from a poor, disadvan- decisions on the bench. They say Estrada has Senate Democrats blocked his approval. This taged background,’’ La Ramee said. ‘‘He a low regard for hard-won civil rights protec- week, they stalled the nomination by threat- came from a background of relative privi- tions that benefit Latinos. ening a filibuster. Estrada, 42, would be the lege. Of course, that’s nothing negative Ideological wars over federal judicial nomi- first Latino on the D.C. Appeals Court, where about Miguel Estrada. He’s been successful. nations are nothing new, but the fight six of the nine justices currently on the Su- . . . We’d rather have a non-Latino judge among Latinos offers a small window on how preme Court once served. Only 12 of the 154 who we believe would be a better judge.’’ what will soon be the nation’s largest ethnic judges on federal appeals courts are Latinos; Supporters point out that Estrada did pro minority is divided by ideology and geog- one has never served on the nation’s highest bono legal work on antiloitering laws that raphy. court. some Latino community group leaders be- Of the Latino community’s three most in- Some observers have compared the volatile lieve led to the harassment of black and fluential groups, each has taken a different debate to dissension among African-Ameri- Latino men. position on Estrada’s nomination. The cans when President George H.W. Bush nom- Latinos who are not of Mexican-American League of United Latin American Citizens, inated Clarence Thomas—then a member of descent have said Estrada would get more based in Texas, supports it; the Mexican the D.C. Court of Appeals—to the Supreme support from Latinos if he were part of it. American Defense and Educational Fund, in Court. Mexican-Americans are the largest subgroup California, opposes it, and the National ‘‘There are similar fault lines,’’ said Lisa of Latinos in the United States. Council of La Raza, in Washington, has re- Navarrete, spokeswoman for the National ‘‘There’s a dirty little secret in the His- mained neutral. Council of La Raza, a nonprofit Hispanic panic community,’’ said Jennifer Braceras, a The fuse for the current debate was lit in group that fights poverty and discrimina- member of the U.S. Commission on Civil June, when members of the Congressional tion. ‘‘Some people said Clarence Thomas is Rights. ‘‘There’s a real intra-Hispanic com- Hispanic Caucus met with Estrada in the African-American and would be the only one munity rivalry. There’s a real feeling in the basement of the Capitol. Rep. Charlie Gon- on the court. He deserves our support. Others Mexican-American community that the first zalez (D–Tex.) said the nominee at first felt that his views would be harmful to the Latino Supreme Court nominee should be looked uncomfortable as he stared at the community. That’s exactly what’s happening Mexican-American.’’ faces of 16 Democrats across the long board- here.’’ Not true, said Marisa Demeo, regional room table. Born in Honduras, Estrada immigrated to counsel for the Mexican American Legal De- ‘‘We wanted to make sure the nominee . . . the United States with his family as a teen- fense and Education Fund. ‘‘It has nothing to appreciates what the court system means for ager, graduated magna cum laude from Co- do with his ethnicity,’’ she said. ‘‘It has to do Latinos,’’ Gonzalez said recently. Estrada lumbia College, and earned a law degree with how he would be as a judge.’’ was not available for comment. from Harvard, where he was an editor of the Democrats are expected to resume their ‘‘We wanted him to give us some idea of . He went on to work as filibuster of Estrada’s confirmation when the how the role of a judge impacts minority an assistant US attorney in New York and Senate returns from a recess on Feb. 24. communities, and it just wasn’t there.’’

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2629 Two weeks later, the caucus returned a pervisor Gloria Molina have all spoken Three Democratic members of the Congres- recommendation opposing Estrada’s nomina- publicly about their opposition to this sional Hispanic Caucus and representatives tion to the Senate Judiciary Committee, nomination. from two advocacy groups said lawyer then controlled by Democrats. Latino civil I ask unanimous consent a recent Miguel Estrada, 41, has refused to answer rights groups read the recommendation, then key questions about his position on cases, met among themselves. news account of their statements be his background and other key issues. In October, the League of United Latin printed in the RECORD. ‘‘Ethnic origin is no automatic pass to be- American Citizens (LULAC) voted to support There being no objection, the mate- coming a judge on the federal judiciary, you Estrada. rial was ordered to be printed in the have to be qualified,’’ said Rep. Xavier ‘‘It was just very difficult for us not to sup- RECORD, as follows: Becerra, D–Los Angeles. port the guy, given his impeccable creden- LATINO POLITICIANS SPLIT ON ESTRADA Estrada’s nomination by President Bush tials,’’ said Hector Flores, president of the has been held up in the U.S. Senate Judici- POLITICS: GROUPS APPLAUD, PAN BUSH’S Texas-based group. ‘‘It’s the American ary Committee, with Democrats launching a NOMINATION TO SECOND-HIGHEST COURT IN U.S. dream, rising up from Honduras the way he filibuster to stall a full Senate vote until has. The battle isn’t whether he’s conserv- (By Mike Sprague) Estrada answers more questions and provides ative; it’s that he represents Latinos, wheth- LOS ANGELES.—President Bush’s nomina- documents from his work with the Depart- er we like him or not.’’ tion of Miguel Estrada to the Washington, ment of Justice. Flores said the vote to support Estrada was D.C., Court of Appeals is splitting this area’s Estrada was nominated in May 2001 by overwhelming, but in recent days the Cali- Latino politicians. Bush for a seat on the U.S. Court of Appeals fornia state delegation of LULAC broke On Friday, Los Angeles County Supervisor for the District of Columbia, which has been away from the national group in opposing Gloria Molina and U.S. Rep. Grace Napoli- a steppingstone for three current justices on the nominee. In a Feb. 12 statement, a tano, D–Santa Fe Springs, joined a news con- the U.S. Supreme Court. former president of LULAC, Mario Obledo, ference held by the Congressional Hispanic Estrada, a partner in the law firm that opposed the nominee because of his ‘‘sparse Caucus to denounce Estrada and oppose his worked with Bush during the Florida elec- record’’ on civil and constitutional rights Senate confirmation to the second-highest tion recount, came to the United States at issues, and because he declined to answer court in the United States. age 17 from Honduras. He graduated from questions about his record in Senate hear- ‘‘When this gentlemen came before us, we Harvard Law School in 1986 and has argued ings. asked specific questions and he had very lit- 15 cases before the Supreme Court. LULAC’s overall support was backed by tle offer,’’ said Napolitano, vice chairwoman Republicans have accused Democrats of Monty, the former chairman of AAMA. His of the 20-member caucus. ‘‘He really was a treating Estrada unfairly because he is a assertion that Estrada’s opponents were blank page. This could be our Latino Clar- conservative Hispanic. shameless was broadcast on C–SPAN and re- ence Thomas.’’ Rep. Lucille Roybal-Allard, D–Los Angeles, membered by Flores, who was present. But Assemblyman Robert Pacheco, a Re- said the decision to oppose Estrada’s ap- Monty did not return several calls seeking publican from the City of Industry, who was pointment was not easy. comment. reached by telephone later in the day Friday, ‘‘This was a particularly difficult and dis- President Bush tried to keep up the pres- accused the caucus of taking a partisan appointing decision that had to be made sure yesterday by giving an interview by the stand. given the fact that the Hispanic caucus ac- Spanish-language Telemundo network, and ‘‘They don’t represent the entire Latino tively works long and hard to promote the vigorously urged senators to confirm community,’’ he said. ‘‘I’m very upset with appointment of more Latino judges,’’ she Estrada. the way they’re approaching it, because of said. Sen. Orrin G. Hatch (R–Utah) recently said the partisan nature. The Hispanic caucus decided to oppose that Estrada’s Democratic opponents were ‘‘What an opportunity for the Latino com- Estrada after interviewing him, Roybal- ‘‘anti-Latino,’’ and brought howls from his munity to have someone in that position Allard said. liberal colleagues and from leaders of Latino who has earned his stripes, having risen from ‘‘Unfortunately, he did not satisfactorily organizations across the land. poverty.’’ answer any of our questions with regard to Marisa Demeo, regional counsel for the Los The news conference was held at the Mexi- his experience or sensitivity or commitment Angeles-based Mexican American Legal De- can-American Legal Defense and Edu- to ensuring equal justice and opportunity for fense and Educational Fund, said Hatch cational Fund’s office in Los Angeles. The Latinos,’’ she said. failed to mention three Latinos nominated organization also is opposing confirmation. Rep. Grace Napolitano, D–Norwalk, said for judgeships by the Clinton administration The Senate Judiciary Committee recently Estrada told the caucus that he has not done whom Republican senators opposed. Those approved the nomination, but some Senate any work on behalf of minority organiza- nominations—of Jorge Rangel, Enrique Democrats since then have launched a fili- tions. She said such work was important Moreno and Christine Arguello—were re- buster to prevent a vote. since Estrada ‘‘could be our Latino Clarence turned to President Bill Clinton without a Estrada has served as assistant U.S. solic- Thomas.’’ hearing or vote. itor and an assistant U.S. attorney. The Congressional Hispanic Caucus, which Demeo said LULAC and AAMA back Napolitano said that caucus members had Estrada for cosmetic reasons. ‘‘Because he’s is made up exclusively of Democrats, along interviewed Estrada, and he hadn’t re- with the Mexican American Legal Defense Latino, they would support him,’’ she said. sponded favorably to their questions on ‘‘They’ve been very strong in thinking there and Educational Fund have previously stated whether he had worked with any minority their opposition to Estrada’s appointment. should be a Latino sitting on the D.C. Cir- organizations or on behalf of minorities and cuit, and we say it is important, but not as The California branch of the League of if he had been involved as a volunteer. United Latin American Citizens also said such a cost.’’ Estrada said no to the questions, she said. The cost, she said, would be the weakening Friday it was opposed to his nomination, al- Rep. Lucille Roybal-Allard, D–Los Angeles, of civil rights laws. ‘‘The groups opposing though its national leadership has supported said that Estrada shouldn’t be confirmed to have taken the analysis a step further,’’ Estrada. His nomination also has been sup- the court just because of his ethnic origin. Demeo said. ‘‘We look at the record to deter- ported by the U.S. Hispanic Chamber of Com- ‘‘We have worked very hard to ensure that mine what kind of judge Mr. Estrada would merce. Latinos are nominated to high positions in be.’’ Democrats have sought documents written the country,’’ Roybal-Allard said. ‘‘Just be- MALDEF is supported by the Puerto Rican by Estrada when he worked in the Justice cause someone has a Hispanic surname Legal Defense and Educational Fund, the Department’s Solicitor General’s Office. But doesn’t automatically qualify him for any Southwest Voter Registration Project and White House counsel Alberto Gonzales told position.’’ the Hispanic caucus, among other groups. senators in a letter Wednesday that the ad- ‘‘I don’t know why the administration put Boyal-Allard also denied the caucus was ministration would not release the docu- up Estrada,’’ said Antonio Gonzalez, presi- acting for partisan reasons. ments, which are normally not made avail- dent of the Southwest Voter Registration ‘‘Out of all the nominees, President Bush able. Project. ‘‘He was marked as a right-wing has appointed, this is the first time we have All of the living former solicitors general— ideologue some time ago. Clearly, that is a been opposed,’’ she said. ‘‘We’re opposed to four Democrats and three Republicans—have tactic by the Bush administration . . . not to Miguel Estrada based on his lack of quali- agreed with the White House position, really embrace issues that are important to fications.’’ Gonzales said. Latinos, but to try symbolic measures.’’ Mr. LEAHY. The Congressional His- HISPANIC LAWMAKERS FROM CALIFORNIA Mr. LEAHY. Hispanic lawmakers and OPPOSE BUSH’S COURT NOMINEE panic Caucus, the Mexican American leaders, including Representative XA- (By Paul Chavez) Legal Defense and Education Fund, the VIER BECERRA, Representative LUCILLE Puerto Rican Legal Defense and Edu- LOS ANGELES.—Hispanic lawmakers from ROYBAL-ALLARD, Representative GRACE California stepped up their campaign Friday cation Fund, the California Chapter of NAPOLITANO, Representative ROBERT against the first Hispanic to be nominated the League of United Latin American MENENDEZ, Representative CHARLIE for a spot on an important federal appellate Citizens, Los Angeles County super- GONZALEZ, and Los Angeles County su- court. visor Gloria Molina, and Mario Obledo

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2630 CONGRESSIONAL RECORD — SENATE February 25, 2003 oppose this controversial nomination. I aged only 39 confirmations per year especially proud of a man whose political am sure they do so out of principle. I during their six and one-half years of friends—the ones fighting hardest to put him know they do not relish opposing this control of the Senate. But I set the on the court—are also fighting to abolish af- nomination. These are organizations, same test. Sometimes to satisfy myself firmative action and to make it harder if not impossible for federal courts to protect the individuals who have devoted their of the test I had to go to a hearing that rights and safety of workers and women and lives to improving the lives of Hispanic lasted sometimes a day long to be sure. anyone with little power and only the hope members. They worked for decades to You have a conservative, I want to be of the courts to protect their legal rights. increase representation of Latinos on sure they will be fair and not too much Just as we resist the injustice of racial the courts of our country. of an ideologue; the same way I did profiling and the assumption that we are It is because of the history and dedi- when I believed someone was too lib- lesser individuals because of where we were cated efforts and deep-seated commit- eral and could be too much of an ideo- born or the color of our skin, so too must we ment to the cause of equality for His- resist the urge to endorse a man on the basis logue. I had to satisfy myself they of his ethnic background. Members of the panics I take their views seriously. I would be fair. Congressional Hispanic Caucus met with understand the Congressional Hispanic Now, the HNBA has done the same. Miguel Estrada and came away convinced Caucus and the Puerto Rican Legal De- They want to make sure the Federal that he would harm our community as a fed- fense and Education Fund came to courts are independent and fair. They eral judge. The Mexican American Legal De- their conclusion after a thorough re- have supported Republican nominees as fense and Educational Fund and the Puerto view of the nomination but also after well as Democratic nominees. These 15 Rican Defense and Education Fund reviewed interviewing and meeting with the individuals, all of whom are past presi- his record and came to the same conclusion. nominee. dents of the Hispanic National Bar As- Are these groups fighting Miguel Estrada because they are somehow anti-Hispanic? Yesterday, we received a letter from sociation, people who have devoted a Are they saying that only people with cer- 15 former presidents in the Hispanic great deal of time in their legal careers tain political views are ‘‘true’’ Latinos? Of National Bar Association, 15 well-re- to advancing the interests of Hispanics course not. They are saying that as a judge spected national leaders of this impor- in the legal community, have felt com- this man would do damage to the rights we tant bar association, leaders who date pelled to publicly oppose the Estrada have fought so hard to obtain, and that we back to the founding of the organiza- nomination. cannot ignore that fact just because he is tion in 1972 have written to the Senate I regret very much that the White Latino. I think Cesar Chavez would be turn- leadership to oppose this nomination. House, instead of seeking someone who ing over in his grave if he knew that a can- didate like this would be celebrated for sup- Their weighty opposition is based on would unite the community, has posedly representing the Hispanic commu- the criteria to evaluate judicial nomi- brought in somebody who would divide nity. He would also be dismayed that any nees this association has formally used the community. civil rights organization would stay silent or since 1991. It has been their standard Yesterday, Delores Huerta, who co- back such a candidate. practice for the past 30 years. founded the United Farm Workers with To my friends who think this is all about In addition to the candidates’ profes- Caesar Chavez, wrote a column in the politicians fighting among themselves, I ask sional experience and temperament, Oregonian opposing Mr. Estrada’s con- you to think what would have happened over the criteria for endorsement also in- firmation. I ask unanimous consent the last 40 years if the federal courts were fighting against workers’ rights and women’s cludes, ‘‘one, the extent to which a this article be printed in the RECORD. rights and civil rights. And then think about candidate has been involved and sup- There being no objection, the mate- how quickly that could become the world we ported and responsive to the issues, rial was ordered to be printed in the are living in. needs, and concerns of Hispanic Ameri- RECORD as follows: As MALDEF wrote in a detailed analysis, cans; and, two, the candidates’ dem- [From the Oregonian, Feb. 24, 2003] Estrada’s record suggests that ‘‘he would not onstration of the concept of equal op- DOLORES C. HUERTA: ESTRADA WOULD recognize the due process rights of Latinos,’’ portunity and equal justice under law.’’ DESTROY HARD-FOUGHT VICTORIES that he ‘‘would not fairly review Latino alle- gations of racial profiling by law enforce- In the view of the overwhelming ma- (By Dolores C. Huerta) jority of the living past presidents of ment,’’ that he ‘‘would most likely always As a co-founder of the United Farm Work- find that government affirmative action pro- the HNBA, Mr. Estrada’s record does ers with Cesar Chavez, I know what progress grams fail to meet’’ legal standards, and that not provide evidence he meets those looks like. Injustice and the fight against it he ‘‘could very well compromise the rights of criteria. His candidacy falls short in take many forms—from boycotts and Latino voters under the Voting Rights Act.’’ those respects, they say. marches to contract negotiations and legis- Miguel Estrada is only one of the people Now the Hispanic National Bar Asso- lation. Over the years, we had to fight nominated by President Bush who could de- against brutal opponents, but the courts ciation has been at the forefront of ef- stroy much of what we have built if they be- were often there to back us up. Where we come judges. The far right is fighting for forts to increase diversity on the Fed- moved forward, America’s courts helped to eral bench. They have been at the fore- them just as it is fighting for Estrada. We establish important legal protections for all must fight back against Estrada and against front of the effort to improve public farm workers, all women, all Americans, all of them. If the only way to stop this is a confidence among Hispanics and others Now, though, a dangerous shift in the courts filibuster in the Senate, I say, Que viva la in the fairness of the Federal courts. could destroy the worker’s rights, women’s filibuster! The most important thing in the Fed- rights, and civil rights that our collective Dolores C. Herta is the co-founder of the eral courts is the fairness, their integ- actions secured. United Farm Workers of America. It is especially bitter for me that one of rity, their independence. the most visible agents of the strategy to Mr. LEAHY. Here is what this His- Time and time again I have asked, erase our legal victories is being called a panic leader wrote: both when we have had nominees of great role model for Latinos. It is true that It is true that for Latinos to realize Amer- Democratic Presidents and Republican for Latinos to realize America’s promise of ica’s promise of equality and justice for all, Presidents, is this nominee somebody I equality and justice for all, we need to be we need to be represented in every sector of believe I could walk into the court and represented in every sector of business and business and every branch of government. be treated fairly? As a Democrat or Re- every branch of government. But it is also But it is also true that judges who would publican, whether as plaintiff or de- true that judges who would wipe out our wipe out our hard-fought legal victories—no hard-fought legal victories—no matter where matter where they were born or what color fendant, whether rich or poor, white or they were born or what color their skin—are their skin—are not role models for our chil- person of color, no matter what my re- not role models for our children. And they dren. And they are not the kind of judges we ligion, no matter what my background, are not the kind of judges we want on the want on the federal courts. would I be treated fairly? federal Courts. Miguel Estrada is a successful lawyer, and During Democratic leadership of the Miguel Estrada is a successful lawyer, and he has powerful friends who are trying to get Senate, we confirmed 100 of President he has powerful friends who are trying to get him a lifetime job as a federal judge. Many Bush’s nominees, and I voted for the him a lifetime job as a federal judge. Many of them talk about him being a future Su- overwhelming majority of them. When of them talk about him being a future Su- preme Court justice. Shouldn’t we be proud preme Court justice. Shouldn’t we be proud of him? I was chairman, I moved his nominees of him? I for one am not too proud of a man who is through far faster than Republicans I for one am not too proud of a man who is unconcerned about the discrimination that ever did for President Clinton when unconcerned about the discrimination that many Latinos live with every day. I am not they were in charge, when they aver- many Latinos live with every day. I am not especially proud of a man whose political

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2631 friends—the ones fighting hardest to put him Senate debate that suggest those op- er, having previously worked with the on the court—are also fighting to abolish af- posed to this nomination are anti-His- Wall Street law firm of Wachtell, firmative action and to make it harder if not panic. Lipton, Rosen & Katz. impossible for federal courts to protect the I think perhaps we should go back to While in private practice, his clients rights and safety of workers and women and a different time, a time when I first anyone with little power and only the hope included major investment banks and of the courts to protect their legal rights. came to the Senate, when Republicans health care providers. Mr. Estrada’s fi- Just as we resist the injustice of racial and Democrats assumed the best mo- nancial statement, which Senator profiling and the assumption that we are tives of patriotism and honesty on the HATCH had printed in the CONGRES- lesser individuals because of where we were part of each other; when you did not SIONAL RECORD, says he earned more born or the color of our skin, so too must we hear attacks made on people saying than $1⁄2 million a year 2 years ago. resist the urge to endorse a man on the basis they are anti this race or that race or At his hearing, Mr. Estrada testified: of his ethnic background. anti this religion or that religion. I am I have never known what it is to be poor, Are these groups fighting Miguel Estrada concerned. and I am very thankful to my parents for because they are somehow anti-Hispanic? I will speak only for myself, not for that. And I have never known what it is to Are they saying that only people with cer- be incredibly rich either, or even very rich, tain political views are ‘‘true’’ Latinos? Of other Senators, but I look back at 29 or rich. course not. They are saying that as a judge years in the Senate, a record of one this man would do damage to the rights we who I think has always stood for anti- I will let his financial statement have fought so hard to obtain, and that we discrimination, one who has a record speak for itself on that point. Half a cannot ignore that fact just because he is where I have never questioned the race, million dollars a year in my State does Latino. I think Cesar Chavez would be turn- ethnicity, or religion of anybody else. put you in the upper brackets. ing over in his grave if he knew that a can- When I hear charges that opposition to So he is a well-compensated lawyer didate like this would be celebrated for sup- a candidate, in this case opposition to in a first-rate law firm. His family and posedly representing the Hispanic commu- nity. He would also be dismayed that any a candidate that has divided the Amer- friends take pride in his success, and civil rights organization would stay silent or ican people, is done on the basis of that rightfully so. back such a candidate. person’s race, I find that more than In his almost 6 years with Gibson, I deeply resent the charges leveled by distasteful, I find it wrong. In the same Dunn & Crutcher, with its thriving ap- Republicans that those opposing this way, I found wrong the attacks on my pellate court practice, developed by its nomination are anti-Latino or anti- religion by some in the Republican senior partner, Ted Olson, who was Hispanic. As we began this debate Party because of opposition to 1 of this confirmed to be Solicitor General in about 2 weeks ago, I urged Republicans President’s more than 100 nominees, es- June 2001, Mr. Estrada has had one ar- who said such things to apologize for pecially since I made it very clear in gument before the Supreme Court— these baseless and divisive charges. my statements on this floor that I just one. That was in connection with a They have yet to do so. Because they never once considered religion or the habeas petition on which he worked have not apologized for these baseless background of any nominee for any- pro bono when he first came to the charges, it prompted the League of thing—nominees from either Repub- firm. It is one of the only pro bono Latin American Citizens, an organiza- lican or Democratic administrations. cases he has taken in his entire legal tion that has supported this nomina- Not in any of the thousands upon thou- career, according to his testimony. tion, to write to the Senate to protest sands of nominees of both Republican I am about to yield the floor. I note the charges leveled without basis by and Democratic Presidents that I voted one thing, some of the speeches on the Republicans. I emphasize the League of for have I ever once considered their other side of the aisle make you think United Latin American Citizens, which religious background. So I find it dis- everyone opposes the efforts of Demo- supports Mr. Estrada’s nomination, has tasteful when my religion is attacked crats to get answers to fair questions written to the Senate to protest the by members of the Republican caucus, and review documents provided in past charges of bias leveled without basis by and I find it distasteful when members nominations. Especially in the case some Republicans. of that caucus attack Democrats on where a supervisor has called into Hector Flares, the LULAC National the claim that their principled opposi- question a nominee’s ability to be fair, President wrote on February 12: tion to this nomination is anti-His- that is all the more reason we should panic. I think the largest Hispanic or- see what he did. There is also ample [W]e are alarmed by suggestions from some precedent for the Senate Judiciary of the backers of Mr. Estrada that the Sen- ganization supporting Mr. Estrada ate Democrats and the members of the Con- made it very clear they resent it, too. Committee examining memos written gressional Hispanic Caucus are opposing his I join with them on that. by Department of Justice attorneys, nomination because of his race, ethnicity or We know Mr. Estrada’s short legal including Assistant Solicitor Gen- an anti-Hispanic bias. We do not subscribe to career has been successful. By all ac- erals—like Mr. Estrada was—in connec- this view at all and we do not wish to be as- counts he is a good appellate lawyer tion with nominations to either life- sociated with such accusations. and legal advocate. He has had a series time or short-term appointments, such LULAC has had a long and productive of prestigious positions and is profes- as in the nominations of Robert Bork, working relationship with many Senate Democrats and all of the members of the sionally and financially successful. In William Rehnquist, Brad Reynolds, Congressional Hispanic Caucus and our expe- my case, as the grandson of immi- Stephen Trott, and Benjamin Civiletti. rience is that they would never oppose any grants, as a son, a father and grand- There have been a number of papers nominee because of his or her race or eth- father, I know no matter the country and published editorials and op-eds nicity. On the contrary, it is most often the of origin or economic background that supporting our efforts to know more Democratic members of the Senate who sup- a family takes pride in the success of about Mr. Estrada before we give him a port LULAC’s priority issues.... its children. Mr. Estrada’s family has lifetime seat, before we could never I thank LULAC for disassociating much to be proud of in his accomplish- question him again, before we put him, itself with the base political efforts of ments, no matter what happens to this for a lifetime, on one of the most pow- Republicans to accuse those who op- nomination. erful courts of the country. pose this nomination as doing so based He is now 41 years old. He has a suc- On February 4, Senator HATCH said, on race or ethnicity. On the contrary, cessful legal career in a prominent cor- and I will paraphrase: Mr. Estrada is it is most often the Democratic Mem- porate law firm, which was the firm of not nominated to the Supreme Court— bers of the Senate who support His- President Reagan’s first Attorney Gen- of course he is right—but his nomina- panic priority issues. eral, William French Smith, and that tion may be even more important be- I thank LULAC for disassociating of President Bush’s current Solicitor cause the Supreme Court hears only itself with the base political efforts of General, Ted Olson. I am told that Mr. about 90 cases per year while the DC some Republicans who accuse those Olson, along with Kenneth Starr, have Circuit issues nearly 1,500 decisions per who oppose this nomination of doing so been among Mr. Estrada’s conservative year. These decisions affect the rights based on race or ethnicity. I renew my mentors. At his relatively young age, of working people and the environ- request for an apology for all the state- Mr. Estrada has become a partner in mental rights of all people. The Senate ments made in connection with the the law firm of Gibson, Dunn & Crutch- must not be a rubberstamp.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2632 CONGRESSIONAL RECORD — SENATE February 25, 2003 I ask unanimous consent to have tions about his legal views or to provide doc- U.S. Court of Appeals to the dismay of not printed in the RECORD some of the edi- uments showing his legal work. This prompt- only Republicans but many editorial writers. torials in favor of the position the ed the Senate minority leader, Thomas How dare they employ politics! In these mat- Democrats have taken here. Just to Daschle, to conclude that Estrada either ters there should be a simple test: sym- ‘‘knows nothing or he feels he needs to hide metry. Or, as former Clinton Solicitor Gen- name a few, we have editorials from something.’’ eral Walter Dellinger declares, ‘‘Whatever the New York Times, the Boston Globe, Nonetheless, Estrada’s nomination won factor a President may properly consider, and the Rutland Daily Herald, among partisan committee approval last month. All senators should also consider.’’ Since ide- others, as well as op-ed from the Wash- 10 Republicans voted for him; all nine Demo- ology clearly is the guiding force behind the ington Post and Wall Street Journal, crats voted against. On Tuesday Senate slate of Bush circuit court nominees, it’s and letters to the editor of the Wash- Democrats began to filibuster Estrada’s perfectly appropriate for Senate Democrats ington Post, disagreeing with their ear- nomination, a dramatic move to block a full to sue the same standard. That’s certainly the criterion Republicans lier editorial—touted by Republicans Senate vote that could trigger waves of po- litical vendettas. used in the Clinton years. Orrin Hatch is out- this morning—urging an immediate It’s crucial to evaluate candidates based on raged at Democrats’ insistence that nominee vote in spite of the precedent for re- their merits and the needs of the country. Miguel Estrada, who refuses to express an questing documents and getting an- Given that the electorate was divided in opinion on any Supreme Court decision, be swers to questions before giving some- 2000, it’s clear that the country is a politi- more forthcoming. Yet it was only a few one such an important job. cally centrist place that should have main- years ago that the same Utah Republican There being no objection, the mate- stream judges, especially since many of was insisting on the need ‘‘to review . . . rial was ordered to be printed in the these nominees could affect the next several nominees with great specificity.’’ decades of legal life in the United States. In 1996 Sen. Hatch decried two Clinton, ju- RECORD, as follows: Further, this is a nation that believes in dicial nominees as ‘‘activists who would leg- [From the New York Times, Feb. 13, 2003] protecting workers’ rights, especially in the islate from the bench.’’ Later, the then Sen- KEEP TALKING ABOUT MIGUEL ESTRADA aftermath of Enron. It’s an America that ate Republican leader, , left no The Bush administration is missing the struggles with the moral arguments over doubt that it was ideology that prompted his point in the Senate battle over Miguel abortion but largely accepts a woman’s right objections to the ‘‘judicial philosophies and Estrada, its controversial nominee to the to make a private choice. It’s an America likely activism’’ of prospective judges. powerful D.C. Circuit Court of Appeals. that believes in civil rights and its power to Judicial activism used to be a term re- Democrats who have vowed to filibuster the put a Colin Powell on the international served for liberals. Now much activism on nomination are not engaging in ‘‘shameful stage. the bench comes from the right, often, in the politics,’’ as the president has put it, nor are Does Estrada meet these criteria? He isn’t words candidate Bush used to attack lib- they anti-Latino, as Republicans have cyni- providing enough information to be sure. erals, in the form of judges who ‘‘subvert’’ cally charged. They are insisting that the And the records of some other nominees fail the legislature. In recent years, congres- White House respect the Senate’s role in con- to meet these standards. sional measures such as the Americans with firming judicial nominees. Debating the merits of these nominees is Disabilities Act, legislation to oppose vio- The Bush administration has shown no in- also crucial because some, like Estrada, lence against women and to increase gun terest in working with Senate Democrats to could become nominees for the Supreme control have been gutted by conservative select nominees who could be approved by Court. judges. consensus, and has dug in its heels on its The choir—Democrats, civil rights groups, As Indiana law professor and former Clin- most controversial choices. At their con- labor groups, and women’s groups—is al- ton Justice Department official Dawn John- firmation hearings, judicial nominees have ready singing about how modern-day Amer- son chronicled in a Washington Monthly refused to answer questions about their ica should have modern-day judges. It’s time piece last year, the right-wing Federalist So- views on legal issues. And Senate Repub- for moderate Republicans and voters to join ciety-agenda envisions an activist judiciary licans have rushed through the procedures in so that the president can’t ignore democ- that would roll back many of the guarantees on controversial nominees. racy’s 21st-century judicial needs. enacted by Congress under the Commerce Mr. Estrada embodies the White House’s Clause and the 14th Amendment. scorn for the Senate’s role. Dubbed the [From the Wall Street Journal, Feb. 20, 2003] A contemporary example is Jeffrey Sutton, a brainy legal scholar nominated for the ‘‘stealth candidate,’’ he arrived with an ex- SYMMETRY IN JUDICIAL NOMINATIONS Fourth Circuit Court of Appeals. Mr. Sutton tremely conservative reputation but almost The White House has a message for Demo- no paper trail. He refused to answer ques- clearly is qualified but just as clearly would cratic senators tying up its judicial nomina- turn back the clock on protecting people tions, and although he had written many tions: we won the election, you’re thwarting memorandums as a lawyer in the Justice De- with disabilities. Should senators who care the people’s will. about disability rights simply ignore his ide- partment, the White House refused to release Not quite. Never mind it was an evenly di- them. ology? vided electorate. The selection of judges was The right claims that central to the Demo- The Senate Democratic leader, Tom a non-issue. George W. Bush didn’t even crats’ opposition to these nominees is abor- Daschle, insists that the Senate be given the mention the topic in his speech at the GOP’s tion. And it’s true that, more than any other information it needs to evaluate Mr. Philadelphia convention or in his acceptance issue, abortion remains a litmus test for Estrada. He says there cannot be a vote until remarks when he finally emerged vic- both sides. Almost all the Bush circuit-court senators are given access to Mr. Estrada’s torious—thanks to judges—after Florida. nominees have been pro-life and a high per- memorandums and until they get answers to In two of the three debates, judicial selec- centage of the Clinton appointments were their questions. The White House can call tions weren’t mentioned. In the other, can- pro-choice. But, as Mr. Sutton’s selection this politics or obstruction. But in fact it is didate Bush, while ducking the question of shows, the issues are much broader than the senators doing their jobs. whether all his judicial appointments would disproportionate influence placed on abor- be anti-abortion, insisted he wouldn’t have tion. [From the Boston Globe, Feb. 15, 2003] any litmus tests. But he declared that, un- In the Estrada fight, some Republicans RUSH TO JUDGES like Vice President Gore, he would not ap- also allege an anti-Hispanic motive. Opposi- The Senate Judiciary Committee ought to point judicial activists; judges, he declared, tion to his nominees sends ‘‘the wrong mes- come with a warning sign: Watch out for ‘‘ought not take the place’’ of Congress. As sage to Hispanic communities,’’ charges fast-moving judicial nominees. Controlled by the president accuses Democrats of playing Georgia Sen. Saxby Chambliss. For the Republicans, the committee is approving politics, however, he nominates almost noth- record, Mr. Bush has nominated one Hispanic President Bush’s federal court nominees at ing but pro-life judges and passionate activ- judge to the circuit courts; President Clinton speeds that defy common sense. ists of a conservative stripe. nominated 11. Three of the Clinton nomina- One example is Miguel Estrada, nominated For all the emotions judicial appointments tions were killed by Senate Republicans. to the US Court of Appeals for the District of arouse on both sides, the political implica- Were they racially motivated? That makes Columbia. Nominated in May 2001, Estrada tions for senators are wildly exaggerated. as much sense as the Estrada charges. had been on a slow track, his conservative Over the past several decades the only one To be sure, the Democrats play the same views attracting concern and criticism. who lost an election because of a judicial games, though the Clinton nominees, as a Some Republicans called Democrats anti- vote was Illinois Democrat Alan Dixon, de- whole, were nowhere near as ideological as Hispanic for challenging Estrada. He came to feated in a primary after he voted to confirm the Bush picks. But there is some overreach; the United States from Honduras at the age Clarence Thomas for the Supreme Court. the Democrats’ efforts to get Mr. Estrada’s of 17, improved his English, earned a college What these battles are about is energizing private notes when he worked in the solic- degree from Columbia, a law degree from the base; that’s why during presidential cam- itor general’s office would set a bad prece- Harvard, and served as a Supreme Court paigns they are retail, not wholesale, issues. dent. clerk for Justice . Currently, Senate Democrats are staging a Thoughtful people on both sides of the What has raised red flags is Estrada’s re- mini-filibuster over the nomination of move- aisle worry about these perpetual battles. fusal to answer committee members’ ques- ment conservative Miguel Estrada for the Mr. Dellinger, for one, notes that if the focus

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2633 is only on ‘‘noncontroversial,’’ selections, to surrender its constitutional role as a These inane people who have entered the result chiefly would be courts full of check on the excesses of the executive. into partisan politics have disparaged a ‘‘relatively undistinguished lawyers lacking The Republicans are accusing the Demo- man who is 10 times better than they crats of partisan politics. Of course, the Re- any substantial record of creative scholar- are. It is unbelievable the lengths and ship or advocacy.’’ Instead, he proposes a publicans are expert at the game, refusing more constructive solution. Opposition lead- even to consider numerous nominees sent to the depths to which they will stoop to ers in the Senate would develop a short list the Senate by President Clinton. betray one of their own fellow Hispanic of distinguished scholars and practitioners The impasse over Estrada is partisan poli- people. for the president to submit for the courts of tics of an important kind. The Republicans I hope the rest of the members of the appeal. There is a precedent: President Bush must not be allowed to shame the Democrats Hispanic Bar Association will rise up last year renominated Clinton nominee, into acquiescence. For the Democrats to give and let them know how for off the Roger Gregory, the first African American in would be for them to surrender to the fierce partisanship of the Republicans. mark they are. on the Fourth Circuit, in to win acceptance Listen to this: for his other nominees. The wars over judicial nominees are likely Currently, Mr. Dellinger says if Senate to continue as long as Bush, with the help of We believe that for many reasons includ- Democrats proposed a ‘‘distinguished’’ nomi- Attorney General John Ashcroft, believes it ing: his virtually nonexistent written record, nee like former Solicitor General Seth Wax- is important to fill the judiciary with ex- his . . . judicial and academic teaching expe- treme right-wing judges. man for the U.S. Circuit Court, a deal could rience— The Democrats, of course, would like noth- be crafted whereby he and Bush nominees This is the written stuff that they ing better than to approve the nomination of Mr. Estrada and John Roberts are promptly a Hispanic judge. But unless the nominee is can’t match—very few of them—or confirmed. Republicans still would hold the qualified, doing so would be a form of racial even come close to matching. I don’t upper hand, but the rightward rush would be pandering. That is the game in which the Re- think any of them can. The reason I modified. publicans are engaged, and the Democrats don’t think so is because not many It makes a lot of sense and would result in must not allow it to succeed. a better judiciary. But the activists on both people in this world have that type of Mr. LEAHY. Mr. President, I yield a record—a written, open record that sides have little interest; it wouldn’t ener- the floor. gize their bases. anybody can read and find. There are The PRESIDING OFFICER. The Sen- not many attorneys living today who [From the Rutland Daily Herald, Feb. 24, ator from Utah. have argued 15 cases before the U.S. 2003] Mr. HATCH. Mr. President, I have Supreme Court and have the record of been listening to my distinguished col- PARTISAN WARFARE winning 10 of them. league. I noted that he mentioned the Senate Democrats are expected to continue They say he doesn’t have any aca- their filibuster this week against the ap- Hispanic National Bar Association’s demic teaching experience. You mean pointment of Miguel Estrada, a 41-year-old past presidents’ statement. I have sel- you can’t be a judge? lawyer whom President Bush has named to dom read a statement that is so abso- Let us put it this way. Since there the federal appeals court in Washington, D.C. lutely bankrupt as this statement. I have been many academics who have Sen. Patrick Leahy, ranking Democrat on have seldom read anything that has gone on the Federal bench in circuit the Judiciary Committee, is in the middle of disgusted me as much as these past courts of appeals, the Supreme Court, the fight over the Estrada appointment. He presidents of this Hispanic Bar Asso- and his fellow Democrats should hold firm and district courts, do you mean the ciation in this letter. I have never seen Hispanics can’t go on the bench unless against the Estrada nomination. less backing for a letter than what Much is at stake in the Estrada case, most they have academic and teaching these people have signed off on. importantly the question of whether the records? First, let me note for the record that Democrats have the resolve to resist the ef- That is what this seems to say by 15 the Hispanic National Bar Association forts of the Bush administration to pack the former presidents of the Hispanic Bar supports Mr. Estrada’s nomination. So judiciary with extreme conservative judges. Association which has endorsed him. The problem with the Estrada nomination these people have gone way off the res- They have gone against their own orga- is that Estrada has no record as a judge, and ervation. They may have been past nization. It is hard to believe. senators on the Judiciary Committee do not presidents, but they should never be al- Then they said: believe he has been sufficiently forthcoming lowed to be a president of this bar asso- about his views. It is their duty to advise and ciation again. They ought to throw We believe that for many reasons includ- consent on judicial nominees, and Estrada ing: his virtually nonexistent written record. has given them no basis for deciding whether them out of the bar association be- cause they entered into politicization Look at that record. He has verbally to consent. expressed an unrebutted extreme view? President Bush has called the Democrats’ of this nominee, in contradiction to I haven’t heard an extreme view opposition to Estrada disgraceful, and his what their own bar association has fellow Republicans have made the ludicrous done in endorsing him. The bar associa- throughout this whole process, and we charge that, in opposing Estrada, the Demo- tion speaks for its many members, not have a transcript that thick of ques- crats are anti-Hispanic. For a party on these 15 former presidents. We know tions by our friends on the other side, record against affirmative action, the Re- why they have done this, because they and ourselves really. Extreme views? I publicans are guilty of cynical racial politics haven’t heard any extreme views. I for nominating Estrada in the first place. He are 15 partisans. It is disgraceful. Let me read part of this letter— don’t think anybody has made a case has little to qualify him for the position ex- that he has extreme views. cept that he is Hispanic. ‘‘Based upon our review and under- Unless the Democrats are willing to stand standing. . . .’’ Then the letter says, ‘‘his lack of ju- firm against Bush’s most extreme nomina- What kind of review? They talked to dicial or academic teaching experi- tions, Bush will have the opportunity to their friends on the Democratic side? Is ence— push the judiciary far to the right of the that where they got this stuff? Most of OK. What they are saying—these His- American people. Leahy, for one, has often which is absolutely false and distorted: panic Bar Association presidents—is urged Bush to send to the Senate moderate Based upon our review and understanding that hardly any Hispanics will ever nominees around whom Democrats and Re- of the totality of Mr. Estrada’s record and qualify for the circuit court of appeals publicans could form a consensus. In a na- life’s experiences, we believe that there are or even the district court because they tion and a Congress that is evenly divided more than enough reasons to conclude that haven’t had any judicial experience or politically, moderation makes sense. Mr. Estrada’s candidacy falls short in these But Bush’s Justice Department is driven teaching experience. They are con- respects. by conservative idealogues who see no reason demning their own people. What a ri- for compromise. That being the case, the Listen to this: diculous, dumb statement. I don’t Senate Democrats have no choice but to hold We believe for many reasons including his swear. But I’ll be darned. I am having the line against the most extreme nominees. virtually nonexistent written record. . . . a tough time not swearing here. Leahy has drawn much heat for opposing Could I make a little point here that Then it says in parentheses: Bush’s nominees. But he has opposed only I think needs to be made? These are (against which his fairness, reasoning skills three. In his tenure as chairman of the com- the appellate briefs in the 15 Supreme and judicial philosophy could be properly mittee, he sped through to confirmation far tested) more nominees than his Republican prede- Court cases. There has not been a cessor had done. But for the Senate merely nominee before this Senate in recent What about the five of the eight on to rubber stamp the nominees sent their way years who has been able to have that the current court who haven’t any ju- by the White House would be for the Senate type of illustration of what they do. dicial experience? And I don’t know

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I expect fair- aren’t true. But I am starting to think . . . his less than candid responses to other ness to be given to our nominee and to they are true. straightforward questions of Senate judici- their President’s nominees. It says: ary members. Finally, I didn’t agree with President . . . his poor judicial temperament. Where did they get that? I bet none Clinton’s nominees’ ideology in prob- of them have read this transcript. I ably none of the cases—none of the Since he has never been a judge, how doubt that many of them saw the hear- do they know what his judicial tem- nominees. But that wasn’t the issue. ings. Where would they get that? It The issue was whether they were quali- perament is? The fact is that none of certainly wasn’t from this side, I guar- them—I don’t believe any of them— fied. And there has very seldom been a antee you, because we saw him answer person as qualified as Miguel Estrada. even know Miguel Estrada. And if they the questions. He just didn’t answer do, they know he has a decent tempera- All you have to do is point to the them the way our colleagues on the ABA’s unanimous well-qualified rating, ment. other side of the aisle wanted him to Do you know where they get that? the highest rating they could possibly answer them. They couldn’t lay a glove give. They are tough. They get that from some of our friends on him. That is why this is a phony re- on the other side who believe that Paul Now, having said that, I am really quest for confidential and privileged disappointed in my colleagues on the Bender, who we have discredited, I be- materials from the Solicitor General’s lieve, fairly and honestly, who gave other side because they have tried to Office—the attorney for our country say the standing committee of the him the highest possible ratings when and for the people in this country. Miguel was his junior, when he was American Bar Association was preju- Let me tell you that when I practiced diced and stacked in coming up with Miguel’s supervisor in the Solicitor law, my files were confidential, too. General’s Office, and then off the cuff this rating. They do not have a good There is no way I would have given argument to make, so they make a says he doesn’t have a judicial tem- them to anybody. There is no court in perament, in essence. phony argument. the land that would force me to give I want to respond to statements by Who are you going to believe? The them to anyone. They are privileged; one of my Democratic colleagues yes- things that he put in writing at the that is, since I am an attorney. Can terday, suggesting that Mr. Estrada’s time when they were really important you imagine the privilege the Solicitor ABA rating was somehow rigged. I hate and when they really made a difference General’s Office can assert—and they to say it, but this is stooping low, too, or the off-the-cuff remarks that a par- have. to make that kind of a statement. tisan Democrat liberal—about as lib- Like I said, seven former Solicitors Before I address these statements eral as you can get—would say to try General—four of whom were Demo- head on, I think it is first appropriate to scuttle a nomination? These guys crats—have said this is ridiculous. Yet to lay the predicate, to lay the signifi- buy it—lock, stock, and barrel. What it keeps coming up. It is a red herring. cance of Mr. Estrada’s ABA rating. kind of lawyers are they? Then they It is a double standard. It is a standard Let me just look at this chart. This say: applied to Miguel Estrada that has chart is entitled ‘‘Senate Democrats never in history been applied to any- . . . his total lack of any connection whatso- Praise the ABA.’’ ever to, or lack of demonstrated interest in body else. the Hispanic community. The letter request was to give up his [The] ABA evaluation has been the gold recommendations on appeals, certio- standard by which judicial candidates have How do they know that? They are been judged. prejudging this man without knowing rari matters and amicus curiae mat- ters. That was Senator PATRICK LEAHY in all the people he has met with and March 2001. worked with and for whom he has been Then it says: What ABA is simply telling us, and has an example. Every Hispanic young per- . . . and because of the administration’s re- fusal to provide the Judiciary Committee historically, is whether or not a prospective son can look up to Miguel Estrada be- the additional information and cooperation judge is competent. cause he is the embodiment of the it needs to address these concerns. That was Senator TOM DASCHLE on American dream. Give me a break. He has made him- March 22, 2001. My gosh. This is the most biased, un- self available. Any Democrat who informed, stupid, dumb letter I have [I] fear . . . that the Judiciary Committee wants to talk to him he will talk to. A will be less able than the ABA to discern a ever read, and it is done for purely par- number of them refused to even talk to nominee’s legal qualifications. tisan purposes against a fellow His- him. Why is that? That was Senator DIANNE FEINSTEIN panic. I can’t believe it. I couldn’t be- So they are trying to do justice here? on March 31, 2001, the distinguished lieve it when I saw this. Why is that so? Why is this Hispanic Senator from California. She is right. Then it says: independent thinker being treated this The ABA, with its extensive contacts in . . . his refusals to answer even the most way? I suggest that it is because he is the legal community all across the country, basic questions about civil rights and con- Hispanic and he is an independent is the best organization to evaluate the in- stitutional law. thinker. He doesn’t just toe the line. tegrity, professional competence and judicial Give me a break. He spent as much if I am disgusted. Some of these people temperament of potential nominees. not more time than almost any nomi- I know. They should have done better That was Senator RUSSELL FEINGOLD nee we have had over the last 27 years by their fellow Hispanics. They should in July 2001. to the circuit court of appeals. We sim- have thought twice before putting [T]he ABA . . . has always been impartial. ply did not treat people as this man is their names on this piece of garbage . . . [The ABA is] hardly partisan or ideolog- being treated by some on the other called a letter by past presidents. It is ical. . . . The ABA is the national organiza- side—not everybody. What do they a disgrace to the Hispanic community. tion of all lawyers: Democrats, Republicans, know about his knowledge of civil It is a disgrace to the Hispanic Na- liberals, conservatives. rights and constitutional law? I happen tional Bar Association and the rest of That was Senator CHARLES SCHUMER to believe Miguel Estrada will be one of the membership that is behind Miguel on May 9, 2001. the champions for civil rights, and he Estrada. And it is a disgrace to them We have had our problems with the is certainly one of the tough lawyers personally to do this type of disgrace- ABA when there were, it seemed to me, with regard to constitutional law— ful thing in a miserably partisan way. prejudicial decisions from time to time something I doubt very many of these I don’t want to spend any more time made. And I have had some real prob- past presidents had much experience on it. It doesn’t deserve it. I didn’t lems with them. But I have to say,

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This indi- act, and I said this before the end of Appeals; Raymond Fisher, the Ninth vidual agreed that Miguel Estrada the Clinton administration, even Circuit Court of Appeals; Stanley should be given the highest rating: though I have not been happy with any Marcus, the Eleventh Circuit Court of ‘‘well qualified,’’ unanimously, the one single organization having a vet- Appeals; Frank Hull, the Eleventh Cir- highest rating. ting responsibility, which is what some cuit Court of Appeals—all of those I am not going to say that person was of my colleagues always wanted the rated by Mr. Fielding as unanimously biased because that person gave to Sen- ABA to have. well qualified. ator Torricelli. It is apparent he was Now, let’s consider Miguel Estrada. You can hardly say this man was as not biased. The ABA rated him ‘‘well qualified’’ was described yesterday; in fact, not at How about the ABA’s Fourth Circuit unanimously—that is the highest pos- all. Anybody who knows Fred Fielding representative? He made political con- sible score—at around the time my knows he is an honest man. It is offen- tributions to Senator CHARLES SCHU- Democratic colleagues heaped praise sive to have that type of characteriza- MER, Senator TOM DASCHLE, Senator on the ABA. But now, 2 years later, tion made, even in the height of a very JEAN CARNAHAN, former Vice President some of my friends across the aisle ap- political battle, which this appears to Al Gore, Representative JERROLD NAD- parently want to adopt a new rule: be—well, to be. I could have said 2 LER, Representative MARTIN FROST, ABA ratings are the gold standard—un- weeks ago: to be coming. Representative ANTHONY WEINER, Rep- less we don’t like the nominee. Now, as that list illustrates, Mr. resentative ELLEN TAUSCHER, and Rep- It is against this backdrop that one Fielding voted to give numerous Clin- resentative CHARLES RANGEL. This in- of my Democratic colleagues, the dis- ton circuit nominees the highest rating dividual agreed that Miguel Estrada is tinguished minority whip, now asserts possible. If he had been promoting a ‘‘well qualified.’’ I do not think these that respected Washington lawyer Fred partisan agenda, he would not have people would be influenced by some Re- Fielding somehow tricked the ABA voted to find a single Clinton nominee publican saying: Well, we ought to pull into rating Miguel Estrada unani- well qualified, or he certainly would a fast one here and get this fellow well mously well qualified. have found a number of those, perhaps, qualified when he was not worthy of Now, I have great respect and loving not well qualified—even though they being well qualified. friendship for my friend from Nevada. deserved the qualification they got—if There is no question that Fred Field- Everybody knows that. I care for him he was partisan. ing is a Republican. There is no ques- deeply. But I could hardly believe my There is simply no reason to believe tion that he supports Republicans po- ears when I heard that one. I think it his vote to find Miguel Estrada well litically. But there is also no question is important to set the record straight, qualified reflected anything other than he is a person of impeccable honor and and so here are the facts. I have to pre- his unbiased, nonpartisan assessment integrity who has served as White sume my colleague just did not know of Mr. Estrada’s fitness for the Federal House Counsel and that he would do the facts and, therefore, went off on bench. what is right on this committee, just this tangent, and I hope he will with- Moreover, there is simply no way Mr. like these Democrats did what was draw that statement once he hears Fielding alone could have been respon- right in rating Miguel Estrada as well what the facts are. sible for the ABA’s unanimous decision qualified. Mr. Fielding was a member of the to rate Miguel Estrada ‘‘well quali- How about this: The ABA’s Sixth Cir- ABA standing committee that rates ju- fied.’’ The ABA’s rules make clear that cuit representative—this is on the dicial nominees when Miguel Estrada every member of the ratings com- standing committee—contributed to was unanimously rated well qualified. mittee must evaluate each nominee the Democratic National Committee, Mr. Fielding left the ABA committee independently: Senator FRANK LAUTENBERG, Senator in November 2001. He did not become After careful consideration of the formal CHARLES SCHUMER, former Senator affiliated with Boyden Gray’s Com- report and its enclosures, each member sub- BILL BRADLEY, Senator EDWARD KEN- mittee for Justice until August 2002. In mits his or her rating vote to the Chair. NEDY, Representative RICHARD GEP- fact, the Committee for Justice was Now, that is an insult to the other HARDT, and the Arizona State Demo- not even founded until August 2002. members of the standing committee for cratic Central Executive Committee. There is no way the Committee for somebody to imply they would all pay Now, this individual agreed that Justice could have influenced Mr. attention to a ‘‘corrupt’’ Mr. Fielding, Miguel Estrada is ‘‘well qualified,’’ the Fielding’s duties at the ABA because if that were even possible, which, of highest rating the standing committee the Committee for Justice did not even course, it is not. could give. He could not be a more par- exist at the time. Mr. Fielding’s background as a Re- tisan Democrat, but I believe he is From 1996 to 2002, when he was on the publican was more than offset by the doing the job fairly on the committee. ABA committee, Fred Fielding consist- committed Democrats who served on The fact that he supports Democrats, ently evaluated nominees fairly and the ABA committee at the time and I wish he didn’t as much as a Repub- with an open mind. He voted to rate who joined in the unanimous decision lican, but the fact that he supports many of President Clinton’s circuit to give Miguel Estrada a well-qualified Democrats I find no problem with. court nominees ‘‘well qualified,’’ in- rating. How about this one: The ABA’s Sev- cluding the following: For example, according to public enth Circuit representative contributed Allan Snyder, the DC Circuit Court records, the chairman of the ABA com- to Emily’s List, the feminist political of Appeals; Robert Katzmann, the Sec- mittee at the time Mr. Estrada was organization; Voters for Choice, one of ond Circuit Court of Appeals; Marjorie rated well qualified contributed to the the pro-abortion organizations; Sen- Rendell, the Third Circuit Court of Ap- election campaign of Senator SCHUMER. ator PATTY MURRAY; former Represent- peals; Maryanne Barry, the Third Cir- This individual agreed that Miguel ative Geraldine Ferraro, former Sen- cuit Court of Appeals; Robert Cindrich, Estrada is ‘‘well qualified,’’ the highest ator Carol Moseley-Braun; Senator the Third Circuit Court of Appeals; rating possible. MARY LANDRIEU; Senator Jean Carna- Stephen Orlofsky, the Third Circuit Now, I am not going to accuse the han; Senator BARBARA MIKULSKI, and Court of Appeals; Andrew Davis, the chairman of the ABA committee at the Senator . Yet he voted Fourth Circuit Court of Appeals; Al- time, because he donated to Senator ‘‘well qualified.’’ So Fielding is out of ston Johnson, the Fifth Circuit Court SCHUMER’s campaign—which he had line? Come on. That is phony. of Appeals; Ronald Gilman, the Sixth every right to do—I am not going to How about the ABA’s Eighth Circuit Circuit Court of Appeals; Kathleen accuse him of being improper, as I be- representative. He contributed to Sen- McCree Lewis, the Sixth Circuit Court lieve the implication was for Mr. Field- ator JOSEPH BIDEN, Senator HILLARY of Appeals; Ann Claire Williams, the ing. CLINTON, Senator Paul Wellstone, Sen- Seventh Circuit Court of Appeals; Get this point. The ABA’s Second ator Jean Carnahan, and former Vice Susan Graber, the Ninth Circuit Court Circuit representative contributed to President Al Gore. This individual of Appeals; James Duffy, the Ninth Cir- Senator Robert Torricelli’s reelection agreed that Miguel Estrada is ‘‘well cuit Court of Appeals; Richard campaign and to the New Jersey Demo- qualified.’’ I don’t think he had any

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This individual him well qualified, not just when Mr. has been treated this shabbily, espe- agreed that Miguel Estrada is ‘‘well Fielding was on the committee but also cially by these past presidents of the qualified.’’ Did he have a bias? Do you the second time in this Congress. Hispanic Bar Association. Keep in mind think he was influenced by Fred Field- That is pretty important stuff. I have that Hispanic National Bar Association ing? to respond to Senator LEAHY’s remarks supports Miguel Estrada. Yet these How about the ABA’s Federal circuit that Miguel Estrada handled only one people gratuitously signed this ridicu- representative who contributed to pro bono case. That is not accurate. I lous letter. I hope they feel ashamed of Emily’s List, the pro-feminist list; am sure my colleague must have over- themselves. They ought to be. Senator ; the Democratic looked the case of Campaneria v. Reid. The Hispanic community ought to National Committee. This individual Miguel Estrada represented pro bono, tell them to be ashamed of themselves. agreed that Miguel Estrada is ‘‘well without fee, a criminal defendant seek- I believe they will. I think that is qualified.’’ That is just the beginning ing to vacate his conviction on grounds going on right now. The Hispanic peo- of the story. that the admission of his confession at ple are starting to catch on on this and At the start of the 108th Congress, trial violated the Miranda rule. The what is going on. It just plain isn’t the ABA then reaffirmed Mr. Estrada’s two judges on the Second Circuit panel fair. It just plain isn’t right. It just unanimous well-qualified rating. It ap- hearing the case agreed with Miguel plain is not a good thing to do to fili- pears that the Democrats on this year’s Estrada that his client’s right to re- buster a Federal judicial nominee. It ABA committee are equally enthusi- main silent had been violated but ulti- just isn’t. We have always had some astic about Miguel Estrada’s nomina- mately ruled that the error was harm- who wanted to do it, but we on this tion. less. One judge dissented, arguing that side have always been able to stop The ABA’s DC Circuit representa- the admission of Mr. Campaneria’s con- them. This is the first true filibuster tive—Fred Fielding’s successor—con- fession was not harmless. Miguel that we have had on a Federal judicial tributed to the Democratic National Estrada spent countless pro bono hours nominee. Committee and Emily’s List. This indi- on that case which further illustrates I yield the floor. vidual agreed that Miguel Estrada is his commitment to equal access to jus- The PRESIDING OFFICER (Mr. NZI). The Senator from Nevada. ‘‘well qualified.’’ tice for all. E Mr. REID. Mr. President, I know The ABA’s Federal circuit represent- Since Senator LEAHY brought up Mr. there are others who wish to speak, but ative contributed to Senator HILLARY Estrada’s pro bono work, let me remind I wanted to take a minute to talk CLINTON, the Irish American Demo- him of Mr. Estrada’s work in Strickler about my friend’s comments about Mr. crats, Representative NANCY PELOSI, v. Green. This is an important case as Fielding. the Democratic National Committee, well. It is important to bring it up in I think that while my name was men- Senator JOHN BREAUX, former Vice light of what has been said. Miguel tioned—and I have the greatest respect President Al Gore, and the Democratic Estrada represented, free of charge, for my friend from Utah. We are close Congressional Campaign Committee. Tommy David Strickler, who was con- personal friends. Our families are This individual agreed that Miguel victed of abducting a college student friends. We have been in each other’s Estrada is ‘‘well qualified.’’ from a shopping center and murdering homes. There is nothing personal about I wonder why all these Democrats on her. Miguel Estrada devoted hundreds this. This is a partisan matter we are the ABA’s standing committee find of hours to Mr. Strickler’s appeal with- bringing before the Senate. him well qualified while our friends on out being paid. Ultimately, the Su- Mr. President, the political contribu- the floor are filibustering this well- preme Court held that although a tions that people make is certainly qualified individual? I don’t understand Brady violation had occurred when the very different from being an inside po- it. It seems to me to be a double stand- prosecution withheld exculpatory evi- litical operative, as Mr. Fielding was. ard. dence from the defense, the error was In fact, for lack of a better way to de- The ABA’s Fourth Circuit represent- harmless. Mr. Strickler was accord- scribe him, he was an inside guy for the ative contributed to Senator JOHN ingly executed, but it does not negate Republicans and had been for many EDWARDS in the North Carolina Demo- the fact that Miguel Estrada gave that years. I will list in a minute the many cratic Victory Fund and Bill Bradley. kind of service free. things he had done. This individual agreed that Miguel It was a legitimate question, too. The Mr. President, the more I hear about Estrada is ‘‘well qualified.’’ court did not rule for Miguel Estrada the ABA, the more convinced I am the The ABA’s Eighth Circuit representa- in the case, but he did do what he has Republicans were right when they said tive contributed to the Missouri Demo- been accused of not doing, and that is let us not have the ABA involved in cratic State Committee and Senator giving pro bono service for a person in this. I think those people who said that Jean Carnahan. This individual agreed need. were absolutely right. I didn’t know as that Miguel Estrada is ‘‘well quali- I would like to read a portion of a much about the ABA as I do now. I fied.’’ There are a lot of Democrat lead- letter the committee received from Mr. practiced law for a long time before I ers who contributed to a lot of Demo- Estrada’s cocounsel in the case, Bar- came here. I was a trial attorney. I crats running for office who all found bara Hartung: didn’t belong to the ABA. I thought it Miguel Estrada well qualified, unani- [Miguel Estrada] values highly the just and was a bad organization then, and the mously well qualified. proper application of the law. . . . Miguel’s more I hear about it today, the worse I What is clear from this recitation of respect for the Constitution and the law may think it is. I think what they have political contributions is that in Mr. explain why he took on Mr. Strickler’s case, done on these judicial nominations— Estrada’s case, the attorneys on the which at the bottom concerned the funda- mental fairness of a capital trial and death Democratic and Republican—reeks, ABA committee put aside their polit- sentence. I should note that Miguel and I smells. There are thousands of lawyers ical views and provided the Senate have widely divergent political views and in the country, thousands of members with a neutral and dispassionate anal- disagree strongly on important issues. How- of the ABA. Couldn’t they get people ysis of his qualifications. ever, I am confident that Miguel Estrada will who are selecting nominees who could Fred Fielding, of course, did not hi- be a distinguished, fair and honest member pass the smell test? In this one, this jack the ABA process, nor was Mr. of the federal appellate bench. ABA qualification should be thrown Fielding’s participation in that process Why do we have these arguments right in the trash. ‘‘unethical,’’ as my Democratic col- that are not right? Why are we doing Mr. President, it is not the Senator leagues suggested. that to this man? Why is it that this from Nevada who feels Mr. Fielding

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2637 was wrong in what he did. Here is an The article by Mr. Brune goes on to ties raise questions of appearances, article out of a newspaper dated yester- say: which would cause more damage to the day, by Tom Brune. The headline is Fielding evaluated Estrada in the month ABA. Ironically, Bush removed the ‘‘Estrada Endorser Had Partisan Role.’’ after President George W. Bush nominated ABA from his long-held role It goes on to say—this is a news arti- him on May 9, 2001, ABA officials said. That prescreening judicial nominees because cle, not an editorial: was just weeks after Fielding vetted execu- of the evaluators’ perceived liberal The lawyer who recommended the Amer- tive appointments for Bush’s transition team bias. and a year before he helped start the par- ican Bar Association’s highest rating for ″In light of the controversy concerning the controversial appellate judge candidate tisan Committee for Justice, records show. Contrary to what was said a few minutes proper role of the ABA Standing Com- Miguel Estrada took part in partisan Repub- mittee,’’ Burbank said, ‘‘it seems to me to be lican activities during his term as a non- ago, Fielding did cofound this group while a member of the ABA evaluation committee. a shame to structure the process in such a partisan judicial evaluator for the Bar, ac- way that reasonable people might be con- cording to records and interviews. The article continues: cerned.’’ The man who wrote this column said The overlap has thrust Fielding—and his what I quoted. He says: evaluation . . .—into the heated political Mr. President, let me simply say that the evaluation by Fred Fielding is a While serving on the ABA’s nonpartisan battle over Estrada’s nomination. . . . Standing Committee on the Federal Judici- . . . On February 12, Senator Harry Reid scam, it is unfair, it is not right. There ary, veteran Washington lawyer Fred F. charged that Fielding had a conflict. certainly is an appearance of unfair- Fielding also worked for Bush-Cheney Tran- I said at that time, and there is a ness and partisanship. If you want to sition Team, accepted an appointment from quote in the newspaper: debate Miguel Estrada based on this the Bush administration and helped found a Doesn’t Mr. Fielding’s dual role—purport- ABA qualification, I will do that all group to promote and run ads supporting edly ‘‘independent’’ evaluator and partisan day long. There are many positive Bush judicial nominees, including Estrada. foot soldier—violate ABA rules? things Estrada has. This is not one of An editorial comment here, Mr. As the investigative reporter notes: them. This was an evaluation done by President. That is only part of his po- a very partisan person, who has only litical involvement. Let me read part Those rules say no Standing Committee member should participate in an evaluation recommended well qualified ratings for of it. There are other things. if it would give rise to the appearance of im- Bush nominees in D.C. Fielding cofounded the Committee for Jus- propriety or would otherwise be incompat- I repeat what I said a few minutes tice, with Bush confidante and former White ible with the committee’s purpose of a fair ago. The more I learn about the ABA, House counsel C. Boyden Gray. They founded and nonpartisan process. this organization to help the White House the less I feel inclined to support the with the public relations end of its effort to It goes on to say, ‘‘Former ABA ABA for anything they want. In this pack the bench and to run ads against Demo- President Robert Hirshon said he was situation, if I ever have anything to do crats. . . . concerned when in late July 2002 he with it in the future, the ABA should In addition, Fielding has a long ca- read reports that Fielding had joined be eliminated. It would be one less reer as a Republican insider. He served Republican C. Boyden Gray to start the process we would have to go through to as Deputy Counsel to President Rich- Committee for Justice.’’ get people on this floor. The ABA’s ard Nixon. He then served on the ‘‘That raised some concerns in my mind,’’ ‘‘gold standard’’, as far as I am con- Reagan-Bush campaign in 1980, the said Hirshon, ‘‘given the fact that our com- cerned, is tarnished, and rightfully so. Thursday Night Group. He served on mittee has been tarred by both conservatives The PRESIDING OFFICER. The Sen- the Lawyers for Reagan advisory and liberals as poster boys for the other side. ator from Utah is recognized. group, the Bush-Reagan transition, . . .’’ He called Roscoe Trimmier, Jr., then the Mr. HATCH. Mr. President, I am dis- 1980–1981. He served—this is a dandy— Standing Committee chair, and asked him to appointed. I just read over all of the he was conflict of interest counsel. talk with Fielding. ‘‘I don’t see how you can Democrats on the Standing Committee That is a laugher. He worked with the do both,’’ Hirshon said. If Fielding became who have contributed to Democratic Office of Government Ethics, which is involved in Gray’s group, he couldn’t serve Party politics. I have never accused also a joke. He served on the White as an ABA evaluator again, he said. any of these people. Along with these House transition team. He served in . . . Fielding is still listed as a board mem- are these judges on this chart. What the Office of Counsel to the President, ber of the Committee for Justice. ‘‘I don’t see the conflict,’’ Gray said— does that mean? That he wasn’t right as deputy counsel to President Reagan. when he found unanimously well quali- I bet he didn’t. He helped form the He served on the Bush-Quayle cam- fied all of the Clinton judges, or nomi- Committee for Justice. paign in 1988; as Republican National nees?—that is not right—when he voted He added that Convention legal advisor; as campaign for Miguel, along with all of these counsel to Senator Quayle; and as dep- Fielding didn’t vet Estrada while on the Democrats I have listed who have con- uty director of the Bush-Quayle transi- transition team and left the ABA post soon after the group formed. tributed? tion team. He served on the Bush- All I can say is I think we have an- Quayle campaign, 1992, as the senior But Nan Aron, executive director of the liberal Alliance for Justice, which opposes swered the points. I agree no outside legal advisor conflict of interest coun- Estrada, charges that Fielding is too par- body should be a voting instruction. I sel and the Republican National Com- tisan to do a fair evaluation. have always felt that. But I have to say mittee advisor. He served as the legal The article notes: the ABA has been part of the process, advisor to the Dole-Kemp campaign, Fielding was President Ronald Reagan’s whether we like it or not, for a long 1996. White House counsel— time. There were plenty of Democrats Mr. President, in short, the Bush And some of the things I have al- who voted for Miguel Estrada as well White House could not have hand- qualified. picked somebody with better partisan ready put into the RECORD. The PRESIDING OFFICER. The credentials than Fielding to evaluate Listen to this fact uncovered by the Democratic leader. his DC Circuit Court nominees. reporter: The ABA should be ashamed of them- In May, Bush appointed Fielding to an DEALING WITH ECONOMIC PROBLEMS selves. Lawyers are trying to have a international center that settles trade dis- Mr. DASCHLE. Mr. President, I was reputation that is good and does not putes. home in South Dakota over the last have conflicts of interest, that is eth- He gets $2,000 a day plus expenses for week, and I had the opportunity to ical. This thing reeks. this. talk with farmers and ranchers, Estrada graduated with honors from The article also notes that: businesspeople, educators, and govern- Harvard. You cannot take that away last fall, President Bush thanked Fielding ment leaders. What I bring back from from him. He is a fine lawyer, but this publicly during a rally for his judicial nomi- those many discussions is the strong ABA thing, take it away because it nees. belief that if there is anything we do in means nothing. How can one have con- I bet he did. the Senate over the course of the next fidence that Mr. Fielding did not paint The article also notes that Burbank, several weeks, it ought to be address- a very rosy picture for partisan rea- a Professor of ethics at the University ing the economic problems that our sons. of Pennsylvania says Fielding’s activi- country is facing.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2638 CONGRESSIONAL RECORD — SENATE February 25, 2003 I wish I had an accurate count of the in crisis management all tell me they that the plan could hurt the economy over number of times in various ways busi- haven’t a clue as to what they would be the long run. ness men and women and farmers and required to do should some emergency The average tax cut (the total amount of revenue lost divided by the total number of ranchers asked the question: So why come about. There is no coordination. tax returns) is over $1,000 because a few rich are you spending all of this time on a There is absolutely no training. taxpayers would get such large reductions. judge when our country is in such eco- When I asked them last week, What For households with incomes over $200,000, nomic disarray? would you suggest I go back and tell the average cut would be $12,496, and the av- This is an important issue, the the President and my colleagues, they erage for those with incomes over $1 million Estrada nomination, but we have said said: Understand that unless we have would be $90,222. from the beginning, and I think we will training, unless we have communica- But the cut for those with incomes of $40,000 to $50,000, according to calculations be able to continue to say with author- tions equipment, unless we have more by the Brookings Institution and the Urban ity, that there will not be any resolu- of a coordinated effort to bring us into Institute, would typically be $380. For those tion until the Solicitor General docu- the infrastructure required for re- with incomes of $50,000 to $75,000, it would be ments are released and until Mr. sponse, we will not be able to live up to $553. Estrada is more forthcoming with re- the expectations of the people right The president’s jobs figure was based on a gard to his positions. here. Help us. preliminary analysis by Macroeconomic Ad- We can take up time on the Senate We have attempted to help those first visers, of St. Louis. The firm, to whose serv- ices the White House subscribes, issued pro- floor week after week, or we can put it responders over and over: last Decem- jections in January concluding that by rais- aside, make some decision with regard ber, with $2.5 billion that the President ing disposable income, bolstering stock val- to whether or not there will be some said we could not afford; last month ues and reducing the cost of capital, the reconciliation on that issue and answer with $5 billion that the President, once president’s program would lead to 1.365 mil- the question posed by so many South again, said we could not afford. You lion new jobs by the end of next year. Dakotans to me last week: When will tell those first responders that we can- But the White House has never mentioned we address the economy? When will we not afford providing them the re- the caution in the second paragraph of the firm’s report. The forecasters predicted that recognize that there is a lot more pro- sources to do their job when we look at if the tax cuts were not offset within a few ductive use of the Senate’s time than what has happened in just the last 48 years by reductions in government spending, an unending debate about Miguel hours in our basing arrangements with interest rates would rise, private investment Estrada? Turkey. According to press reports, we would be crowed out, and the economy would They do not understand why we are can afford up to $6 billion in grants and actually be worse than if there had been no stymied and why we are unresponsive $20 billion in loan guarantees for Tur- tax changes. to the growing concern they have The president has not proposed spending key, but for some reason we cannot af- reductions that would offset the tax cuts. To about the direction the economy is ford providing homeland and hometown the contrary, the administration has argued taking. assistance—direct, coordinated help— that the budget deficits resulting from the There is a growing credibility gap be- to provide the training and commu- cuts would be too small to harm the econ- tween what the President and the ad- nication and coordination required. omy. ministration says and what they do, That is a credibility gap that I think Another argument that administration of- between their rhetoric and their re- this President needs to address. ficials make regularly is that under the president’s plan, the wealthy would bear a ality. The President has taken occa- I hope we can set aside this issue of sion to go around the country to talk larger share of the nation’s tax burden than Mr. Estrada and deal with the issue they do now. A table released last month by about his concern for the economy. On about which our people, regardless of the Treasury’s office of tax analysis showed several occasions over the last couple geography, are concerned. The Presi- that people with incomes over $100,000 would of weeks, he has made his speeches dent has a plan, Democrats have pro- see their share of all income taxes rise to 73.3 about his concern for the economy and posed a plan, and there is a significant percent from the current 72.4 percent. his approach through his tax cuts. I difference between the two. There, too, At the same time, the table showed, tax- have to say, if he cared, if he was con- payers with incomes of $30,000 to $40,000 we find a credibility gap. would get a 20.1 percent reduction in income cerned, he would ask the Senate to An article was written in the New taxes, and those earning $40,000 to $50,000 take up this matter immediately. It York Times that appeared this morn- would get a 14.1 percent cut. will not be a day too soon. ing by David Rosenbaum entitled ‘‘The The problem with figures like those is that A report was released this morning President’s Tax Cut and Its Unspoken a large percentage of a small amount of that said consumer confidence is now Numbers.’’ I ask unanimous consent money may be less important to a low- mid- at a 10-year low. Consumer confidence, that this article be printed in the dle-income family’s lifestyle than a small as registered and reported through its percentage of a large amount of money RECORD. would be to a rich family. For example, a $50 index, has plummeted to 64 from a re- There being no objection, the mate- tax cut would be a 50 percent reduction for a vised 78 just last month. That is the rial was ordered to be printed in the household that owed only $100 in taxes to lowest rating since 1993, 10 years. Un- RECORD, as follows: start with, but that small amount of money employment is rising. We have seen an [From the New York Times, Feb. 25, 2003] would not significantly improve the family’s well-being. increase in the number of unemployed THE PRESIDENT’S TAX CUT AND ITS UNSPOKEN A better measure may be the increase in by 40 percent. We now have 8.3 million NUMBERS Americans out of work and 2.5 million after-tax income, or take-home pay, that (By David E. Rosenbaum) would result from tax cuts. According to private sector jobs have been lost just WASHINGTON, Feb. 24.—The statistics that data from the Joint Congressional Com- in the last 2 years. The unemployment President Bush and his allies use to promote mittee on Taxation, the tax reduction of $380 spells are lengthening, wage growth is his tax-cut plan are accurate, but many of for a family with an income of $45,000 would now stagnant, and the shortage of jobs them present only part of the picture. amount to less than 1 percent of the house- has slowed wage growth so that only For instance, in a speech in Georgia last hold’s after-tax income. But the $12,496 tax those at the very top are still experi- week, the president asserted that under his cut received by a family with an income of encing wage increases that outpace in- proposal, 92 million Americans would receive $525,000 would mean a 3 percent increase in an average tax reduction of $1,083 and that money left after taxes. flation. We now have the worst job cre- the economy would improve so much that 1.4 The president and his advisers also offer a ation record in 58 years, while State million new jobs would be created by the end variety of incomplete statistics to bolster budgets continue to be plagued with of 2004. their proposal to eliminate the taxes on deficits of close to $70 billion. Some No one disputes the size of the average tax most stock dividends. have reported even more than that. reduction, and the jobs figure is based on the Among the points they make are that We have an economic crisis that is estimate of a prominent private economic more than half of all taxable dividends are not being addressed, and while that forecasting firm. paid to people 65 and older, that their aver- economic crisis grows, there is another But this is what the president did not say: age saving from eliminating the tax on divi- Half of all income-tax payers would have dends would be $936, that 60 percent of people concern expressed to me last week by their taxes cut by less than $100; 78 percent receiving dividends have incomes of $75,000 scores of South Dakotans who are our would get reductions of less than $1,000. And or less and that up to 60 percent of corporate first responders. Our fire departments, the firm that the White House relied on to profits are lost to income taxes paid by ei- our police departments, those involved predict the initial job growth also forecast ther the companies or the stockholders.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2639 All that is true, but here is a more com- There is a lot to discuss. There is a Mr. DASCHLE. I appreciate very plete picture: great need in this country to do what much the comments of the distin- Only slightly more than one-quarter of the American people are hoping we will guished Senator from New Jersey be- Americans 65 and older receive dividends. Two-thirds of the dividends the elderly re- do, and that is take up issues they are cause I think among us all no one ceive are paid to the 9 percent of all elderly concerned about, to address the issues knows these economic issues better who have incomes over $100,000. they will rise and fall on over the than he does. Tht Tax Policy Center at the Brookings In- course of the next several months. Again, I would say to the distin- stitution and the Urban Institute calculated I cannot tell my colleagues the emo- guished Senator, this is part of that that the average tax cut from the dividend tion I feel in the room oftentimes as I credibility gap I was referring to. The exclusion would be $29 for those with in- talk to businessmen whose lips would President professes to be concerned, comes of $30,000 to $40,000 and $51 for tax- quiver, whose eyes would moisten, who the President talks about his proposals payers with incomes of $40,000 to $50,000. On the other hand, the two-tenths of 1 per- would tell me: TOM, I do not know if I to address the economy, and yet we are cent of tax filers with incomes over $1 mil- can be in business a year or two from not planning to take up any economic lion (who have 13 percent of all income) re- now if things do not change. I have not stimulus for months, I am told. It may ceive 21 percent of all dividends, and the Tax sold a piece of farm equipment in 2 be May before it comes to the Senate. Policy Center figured that their average tax years. I have seen my sales plummet How can anybody with any truthful- reduction from the dividend exclusion would more than 20 percent in the last 3 ness express concern about the econ- be $27,701. For taxpayers with incomes of months. I have no confidence about omy and say, no, but we will just do it $200,000 to $500,000, the typical tax cut from later? We will not do it this week, we the exclusion was calculated at $1,766. how we are going to turn this around, In instances where both the corporation they tell me, unless you in Washington will not even do it this month, we will and the shareholder are paying taxes at the understand that things have to be done do it sometime down the road but, yes, maximum rate, it is possible, as the adminis- to make this economy better. I am concerned. tration maintains, for 60 percent of the prof- What do we do? We come back to When they look at consumer con- its to be taxed away. But calculations based Washington and we are back in the fidence, when they look at the numbers on I.R.S. data and performed by Robert S. same old trap, talking about the same of jobs lost, when they see those plants McIntyre of the nonpartisan Citizens for Tax old thing. That will not change until close, when they see the consumer con- Justice show that on average, only 19 per- Mr. Estrada is more forthcoming. So fidence drop as precipitously as it has, cent of corporate profits are paid in taxes by how in the world can anybody in the companies and shareholders combined. we can spend time on the economy or we can spend time talking about issues world confess to be supportive of eco- Mr. DASCHLE. Mr. President, the nomic recovery and economic stimulus President talks about his plan pro- that have no relevance to the daily lives of the people of South Dakota and with numbers like that and the inac- viding 92 million Americans with an tion we see from the White House? average tax reduction of $1,083, and yet the people all across this country. Mr. CORZINE. Will the minority Mr. CORZINE. If the minority leader with closer scrutiny and attention, leader yield for a question? will yield for one other observation and with a more careful review of the facts, Mr. DASCHLE. I am happy to yield question, has the Senator noticed the we find that is not the case at all. That to the Senator from New Jersey. fact that we have lost almost another is like Bill Gates and TOM DASCHLE Mr. CORZINE. I truly appreciate the trillion dollars in market value? And averaging their income. If he and I focus on issues that matter directly to by the way, that translates into 401(k)s averaged our income, mine would be the people who live in our States and and IRAs for individuals. Those are somewhere around $39 billion. I only who live across the country. some very serious numbers, actually wish I had $39 billion to average with The Senator spoke about the indi- since this program with regard to divi- Bill Gates, but I do not. But that is the vidual business person who had not dend disclosure has been announced. method this President is using to pro- sold any farm equipment. We are clos- There is a credibility gap between the vide these average numbers with re- ing the last two autoplants in New Jer- reality of what is being suggested as an gard to the beneficiaries of his tax cut. sey over the next 2 or 3 years. They economic growth program and what is Here are the facts: 78 percent of have already cut down to one shift. actually occurring out in the real Americans are going to get less than Bell Labs, one of the great research in- world. Certainly my constituents and $1,000, and over half of all taxpayers stitutions of America, has literally the people I hear from around the will get less than $100 under the Presi- been a part of the reduction of 130,000 country and in the business commu- dent’s plan. That is right, less than jobs at Lucent, a lot of them in New nity are saying much of the same $100. That is all more than half of all Jersey. A lot of the Bell Labs people thing. I presume that is what the Sen- taxpayers will receive under the Presi- are doing basic core research, and the ator is hearing as well from the folks dent’s plan. That is fact. That is a people are very upset. in South Dakota. credibility gap. That is saying one That is what that consumer con- Mr. DASCHLE. I say to the Senator thing and doing another. That is say- fidence number is. It is incredible in from New Jersey, that is exactly what ing the average American gets $1,000 the history of real measurements of I am hearing from the people of our but actually, in fact, the average what is going on in the minds of Amer- State. As I have traveled around the American is going to get under $100. ican consumers. By the way, it is going country, I hear it in other parts of the There is a credibility gap across the on in business, too. country as well. This is a very serious board. He said his plan will create 1.4 I ask the minority leader whether he issue that will not go away, and I think million jobs by the end of 2004. saw yesterday’s survey from Man- the more we face the uncertainty of According to the same report Presi- power, Inc. They said only 20 percent of war, the more we face the uncertainty dent Bush cites by macroeconomic ad- businesses in America think they will of international circumstances, the visers of St. Louis, his tax cuts actu- add any jobs in the next 6 months, an more this domestic economic question ally have the potential to harm the indication of the kind of depth of con- is going to be exacerbated. economy in the long run, but the Presi- cern that actually exists in the busi- People want more certainty. They dent did not mention any references to ness community in conjunction with want more confidence. They want to at those parts of the report stated later consumer confidence. least believe we understand how seri- on. I applaud the minority leader for ous it is out there and we are going to The President has said eliminating making sure we are being focused to do something to address it. And what the double taxation of dividends is have a debate about something that do we do? We come back after a week’s good for enhancing the lifestyle of mil- matters to people’s lives, and I hope we break and not one word about the econ- lions of Americans all across the coun- can bring forth a real debate about a omy from the other side, not one word try. The reality is that only 22 percent stimulus program to get our economy about the recognition of how serious of those with incomes under $100,000 re- going, put people back to work because this problem is. We are still talking ported any dividend income in the year that is where real concerns seem to be. about the Estrada nomination. 2000. The average tax cut from the divi- I presume that is the kind of question UNANIMOUS CONSENT REQUEST—S. 414 dend exclusion would be $29 for those the Senator is receiving in South Da- I ask unanimous consent that the with incomes below $40,000. kota. Senate proceed to legislative session

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2640 CONGRESSIONAL RECORD — SENATE February 25, 2003 and begin the consideration of Cal- going to do about it? What will the ma- name, address, and maybe my employ- endar No. 21, S. 414, a bill to provide an jority do about it? What message are ment history, but that is it, you have economic stimulus package. we going to send to those people to to make a guess as to the rest of my The PRESIDING OFFICER. Is there whom we must show some empathy if, qualifications because I am not telling objection? indeed, these conversations with our you, I would say to that prospective Mr. HATCH. Mr. President, I object. constituents mean anything at all? employee, come back when you can fill The PRESIDING OFFICER. The ob- That is why it is imperative we are out the full application. That is what I jection is heard. cognizant of the message we send would say. That is what every em- Several Senators addressed the today, tomorrow, the next day, and the ployer in this country would say. Chair. next day. Mr. DASCHLE. Mr. President, I be- Remarkably, when I went home last As this economy worsens, we spend week and explained the issue to my lieve I still have the floor privilege. our Senate time totally consumed with The PRESIDING OFFICER. The constituents, they said: That sounds one nomination having to do with a Democrat leader still has the floor. fair. That sounds reasonable. If an ap- Mr. DURBIN. Will the Senator from circuit court nominee for the District plicant for a lifetime position on the South Dakota yield? of Columbia. This is the third week we second highest court of the land is not Mr. DASCHLE. I yield to the Senator have been on it. We can resolve this willing to fill out his job application, from Illinois. matter if Mr. Estrada will come forth how in the world should we consider Mr. DURBIN. I thank the minority with the information. But if he will that nominee as a bona fide applicant leader for coming to the floor, and I not, let’s move to something else until for the position in the first place? hope those who are following the de- he does. That, again, is a diversion from what I bate understand what just happened. Mr. DURBIN. Will the Senator yield? think most people are concerned about. The minority leader of the Senate has Mr. DASCHLE. I yield to the Sen- They are concerned about this, and asked this Senate to move to the issue ator. they want fairness, but they are a of the state of America’s economy, Mr. DURBIN. I have followed this de- whole lot more concerned about wheth- that we take up immediately the ques- bate on a daily basis. If I am not mis- er they will be giving job applications tion of what we can do to save busi- taken, the Senator from Utah, Mr. to anyone in their State in their cir- nesses, create jobs, and I think foster BENNETT, came to the floor with a posi- cumstances because they are doing the some hope in America. tive and constructive suggestion. He opposite. said that this nominee, Miguel There was an objection immediately We do not have lifetime applications Estrada, should produce the written from the Republican side of the aisle. for jobs in South Dakota because the documents from his experience work- They do not want to discuss this issue. economy is very soft. If anything, we ing for the Department of Justice, I ask the minority leader the fol- are losing jobs in South Dakota. So working for the Supreme Court. In lowing: Since he has been home—and I while we talk about 1 job for the cir- fact, he even suggested at one point have been in communication with the cuit court, we have lost 2.5 million jobs they be produced so they can be re- people of my State of Illinois—is it not in the last 2 years in this economy. viewed carefully by both the Repub- a fact now that we have reached a That does not make sense. That is lican and Democratic leaders of the point where our economy is dissem- what the American people want us to Senate Judiciary Committee and then bling, our foreign policy is in disarray, address. and this Congress is totally disingen- a determination be made as to whether there should be followup hearings or Mr. DURBIN. If the Senator will uous, it ignores the reality of the chal- yield for a last question, many people lenges facing America today? I also ask questions and ultimately a vote so there would be disclosure. This sugges- on the other side suggested we are the minority leader if he would tell me picking on Miguel Estrada, we have fo- what he believes we should be debating tion did not come from a Democratic Senator; it came from a Republican cused on this man, a Hispanic nominee, at this point in time to do something and this is somewhat personal in terms about turning this economy around Senator, Mr. BENNETT of Utah. I thought it was a fair suggestion to of what we are trying to achieve. and bringing hope back to America. I ask the Senator minority leader, is Mr. DASCHLE. I thank the Senator break the logjam, to resolve this nomi- it not our constitutional responsibility from Illinois for his observation and nation up or down, and to move on to to establish a standard and process to his question. If we go home—and I the people’s business. apply to all judicial nominees so that know the Senator from Illinois was Can the Senator from South Dakota, there is full disclosure from them as to just home as well—there are two issues our minority leader, tell me whether who they are, what they believe, their on the minds of virtually every Amer- that suggestion of producing those doc- values, so if they are given a lifetime ican right now. I was asked questions uments really is consistent with what appointment on the court, we at least everywhere I went pertaining to the we are trying to achieve so we can once know, going in, who these people might Senator’s first question, and that, of and for all give Mr. Estrada his fair be. Is it not also the fact, as the Sen- course, is what is going to happen in hearing and final determination? Is ator from South Dakota has told us, Iraq? We generally have an idea of that what this is about? that Miguel Estrada has consistently what may evolve over the course of the Mr. DASCHLE. That is exactly what refused to do just that, consistently re- next few weeks, and there is not much this is about. I thank the Senator for fused to answer the questions, consist- that South Dakotans can do about asking the question. It is no more com- ently refused to disclose the docu- that. plicated than that. The second question is, What is going On a bipartisan basis, Republican and ments, consistently refused to tell us to happen to my economic cir- Democrat Senators have said we need who he is as he seeks one of the highest cumstance? the best information that can be pro- Federal judicial appointments in the I talked to one businessman who had vided by any nominee before we are land? to lay off a couple of his employees, called upon to fulfill our constitutional I ask the Senator from South Da- and it hurt him dearly. They had obligation. That is what we are sug- kota, is this an issue which goes be- worked for him for a long period of gesting. We need that information to yond Miguel Estrada and calls into time. He said: Tom, I have no choice. make the best judgment. That informa- question the constitutional responsi- I talked to people who had their tion is being withheld. bility of the Senate when it comes to health insurance dropped, in part be- If I had an applicant for a job in my judicial nominees? We have approved cause business was so bad their em- office and I said, I want you to fill out 103 Federal judges for this Republican ployer could no longer sustain the cost this application and I will be happy to President, and I have voted for the incurred of paying their health insur- consider your qualifications for em- overwhelming majority of them. Are ance. They said: We understand, but at ployment in my office, and he or she we not in this discussion trying to least we got to keep our job. said, I don’t think I will fill out the raise the fundamental issue of equity But what are you going to do about second and third page, I will give you and process as to the responsibility of it? That is the question. What are we the front page, I will give you the the Senate under the Constitution?

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2641 Mr. DASCHLE. The Senator from Il- from going forward to other issues, they need so badly. They do not have linois has said it very well. That is ex- whereas the Republicans are eager to that either. That, too, would be eco- actly what this is about. At one level, go to other issues. nomic in many respects, if we can pro- this is about fulfilling constitutional The real truth on this floor is, first of vide that assistance. But it is not being obligations. This is about following all, that we have asked just now to go provided because it is not being given precedent. This is about making sure to economic issues, that last week the attention. Therein lies the credi- there is fairness as we consider these when the Republican leadership—they bility gap. Something is said and noth- nominees for all courts, but especially run the show—decided to bring up this ing is done. There is a big difference for courts at that level. omnibus budget, the Estrada nomina- between rhetoric and reality when it This is also about something also, tion did not stand in the way. We did comes to this administration and many about the management of the Senate. it. We voted in one fell swoop for the of our colleagues on the other side. While the Senate has been concerned entire Federal budget, and, in fact, last Mr. SCHUMER. If my colleague will about one job for the last 3 weeks, a lot week this floor, because the Republican yield for just one final question, might of us are saying we ought to be con- leadership chose to do so, actually it not be fair to say that it is not the cerned about the 8.3 million jobs we do voted on three other judges who I be- Democrats filibustering to prevent not have in this country today as a re- lieve passed unanimously, if not close Estrada from coming forward for a vote sult of disastrous economic policies on to unanimously. And the filibuster, in but, rather, the Republicans are fili- the part of this administration, 2.5 mil- a sense—in a very real sense—is not bustering until they get the vote on lion of which have been lost in the last being conducted by the Democrats but Estrada, which they have so far refused 2 years. We spend our time talking rather, led by my capable and good to call for? Is that an unfair character- about one job; there is no talk on the friend from Utah, by the Republicans, ization? other side about all of those millions of and we would be happy to move on to Mr. DASCHLE. That is exactly what jobs lost in this country because there other issues that are pressing, that are happened this morning. If we were fili- is no economic policy. on people’s minds, and maybe come bustering we would not have suggested What we are suggesting this morning back to this issue at some point when that we get off the issue. A filibuster is is that there ought to be some consid- we get the requested material. to prolong the debate. We want to end eration for those jobs, too; that to be Just to rephrase my question, who is the debate. We want to move on to consumed by one job and not con- really preventing us from moving for- something far more pressing to the sumed, or at least willing to address ward? Who is filibustering? Why are we people of this country than the one job. those millions of other jobs, is some- staying on this issue? Is that the Sen- We want to talk about those 2.5 million thing I cannot explain to the people of ator’s choice as the leader of the Demo- jobs that we have lost. Therein lies the my State or to the people of our coun- crats or is that the choice of our good issue. try. I hope our Republicans will do friend from Tennessee as leader of the I hope the Republicans will bring this something along those lines in the not Republicans? debate to a close so long as it doesn’t too distant future. Mr. DASCHLE. I think the Senator appear that Mr. Estrada is willing to Mr. SCHUMER. Will the Senator from New York put his finger on ex- cooperate. At such time as he is pre- yield? actly the question. We just attempted pared to do so, we can take this matter Mr. DASCHLE. I am happy to yield. to move on to something else. We were up again. But in the meantime, we Mr. SCHUMER. Two questions. I prevented from doing so. It is not just ought to be concerned about those mil- want to follow up again on what the something else but perhaps the single lions of jobs that continue to be lost Senator from South Dakota said in the most important domestic issue facing because of congressional inaction and dialog with my colleague from Illinois. our country today. Yesterday, the re- because of a failed economic policy on First, I know the Estrada judge issue quest was made and agreed to that we the part of the administration. has gotten a lot of attention in the take up the Hatch-Leahy PROTECT Mr. SCHUMER. I thank the leader. newspapers. When I go back to my Act, as we should have agreed. I am Mr. CORZINE. Mr. President, will the State of New York, virtually no one glad that we were able to take it up distinguished minority leader yield for asks me about it—very few people. I and pass it. one more question? get lots of people asking about the war The Senate has demonstrated the Mr. DASCHLE. I am happy to yield. and also about the economy and jobs. ability to move off this legislation Mr. CORZINE. Mr. President, I asked Is that particular to New York because when it sees fit. We did it just yester- questions earlier about the private sec- we had September 11 or is the same day. As the Senator from New York tor. I think we have all 50 Governors thing happening in South Dakota? suggests, we did it again a few weeks from across this Nation now in the Na- Mr. DASCHLE. I say to the Senator ago with passage of the omnibus legis- tion’s Capital. I know many of them from New York, before he came to the lation. We are capable of moving off come to visit their Senate representa- floor, I began my comments by report- the bill and dealing with the other tives and their congressional represent- ing conversations I had with people issues. I can’t explain why we have atives. I wonder if the minority leader back home last week. I was moved by chosen—why our Republican colleagues has had one single Governor approach the comments, by the reports, by the have chosen—to stay on this legisla- him with respect to the Estrada nomi- emotion I felt as I talked to people tion even though we know there are so nation or whether he has had one sin- whose businesses, whose jobs, are per- many more pressing issues that ought gle or multiple Governors come and haps more precarious than they have to be taken up. I can’t explain their in- talk about the state of their fiscal af- been for years. All the statistics bear transigence. I can’t explain why they fairs in their State governments and that out. Consumer confidence is the want to prolong this debate. I can’t ex- their unbelievable difficulty in trying lowest in 10 years, the number of those plain why they are unwilling to con- to maintain employment and support unemployed going up by millions in the sider the 2.5 million jobs rather than in Medicaid and all the other issues. I last 2 years; every economic indicator the one job that we continue to debate was just wondering if the minority is pointing to the growing crisis we on the Senate floor. That is inex- leader has had any discussions with face in the economy. plicable to me. them about Judge Estrada versus the Yet what do we do? We find ourselves I just hope the American people un- sake of the economy—or homeland se- once again most likely scheduled for derstand. We have come back after lis- curity for that matter. the entire week, debating 1 job rather tening to our people. They made it Mr. DASCHLE. I think the Senator than the 2.5 million jobs lost just in clear to us what they want us to take from New Jersey asked the question the last 2 years alone. up. They want us to deal with the econ- that makes the point. The answer is Mr. SCHUMER. If my colleague will omy. They want us to deal with the absolutely no. Our Governors, of yield for another question, we have real problems we have with homeland course, are hearing from the same peo- seen in the newspapers the talk that security and the lack of training, the ple we are hearing from. They are con- the Democrats are filibustering, that lack of communication and the lack of cerned about the status quo. Someone Democrats are preventing the Senate good technology and equipment which once told me the status quo was Latin

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2642 CONGRESSIONAL RECORD — SENATE February 25, 2003 for the ‘‘mess word.’’ Their concern for want to do it—is allow a vote up or nominee then appear before the Judici- the ‘‘mess word’’ and this mess con- down. They don’t like Miguel Estrada ary Committee to answer the questions tinues to be compounded by a budget for one reason or another. Some of which he failed to answer in his con- deficit that grows by the month. We them are perhaps sincere reasons. I firmation hearing and any additional are told now that we could exceed $70 think other reasons are that they questions that may arise from review- billion. Some have suggested that the think he is just an independent His- ing such documents. figure could be as high as $100 billion in panic. Frankly, they do not like him. Mr. HATCH. Parliamentary inquiry. debt. They are struggling with their Vote him down, if you want. They have The PRESIDING OFFICER. The Sen- own budgets in part because of the that right. If they feel sincerely that ator from Utah has the floor. mess we created for them in Medicaid, they are right in voting him down, vote Mr. HATCH. Can you amend a unani- in education, in homeland defense, un- him down. But let us have a vote. I mous consent request? It is my under- funded mandates, and the sagging have heard the distinguished Senator standing that you can’t. economy, and no real economic plan in from Illinois ask, Why doesn’t Mr. Mr. REID. Of course you can. Abso- place. Their message in coming to Estrada produce those papers? He is lutely. We do it all the time. Washington is: Fix it; help us address not in the Solicitor General’s Office. Mr. HATCH. Not if we object. The PRESIDING OFFICER. The Sen- this issue and be a full partner recog- He is not the Attorney General of the ator from Nevada can ask the Senator nizing that you, too, have a full respon- United States. He is not the Chief from Utah to modify his request. sibility to engage with us in solving Counsel of the White House. He hasn’t Mr. HATCH. Well, I refuse to modify this issue. controlled those papers. As far as he is it. I think we ought to vote up or down. I think if you took a poll of all 50 concerned, he is proud of his work and Look, if you folks are sincere on this Governors, should we stay on the they could be disclosed. The problem is other side—and, my goodness, I have to Estrada nomination or should we ad- seven former Solicitors General—four believe you must be, although I think dress the economy and these budgetary of them are Democrats—said you can’t if you are not, it is the most brazen questions, it would be unanimous—Re- give those kinds of papers up because it thing I have seen in a long time to publican and Democrat—they would would ruin the work of the Solicitor come here and act like the whole world say no; fix the economy and help us General’s Office. is being held up because we want to fill solve our own financial and fiscal prob- Look, if they are sincere and they one of the most important judge seats lems. Do not be as consumed as you are really want to get on to the budget in this country. And we want to do it about one job until you solve the prob- work they never did last year, the ap- with a person who has had this much of lem for those 2.5 million jobs that propriations work they never did last a transcript of record, who has this haven’t been addressed. year—we had to do it—then just vote. much of a paper trail that they have Mr. CORZINE. I join with my col- It is tough work. By gosh, it is tough been able to examine, who has had 2 leagues on this side of the aisle in com- to come up with a budget. I know the years sitting here waiting for a stink- plimenting the leader and for rating distinguished Senator from New Mex- ing solitary vote. this issue one job versus 2.5 million ico has had to go through a lot of tor- Mr. REID. Parliamentary inquiry. jobs. We have a major issue in this ment and criticism year after year to Mr. HATCH. Why not give him a country with regard to our economy, come up with a budget. But he always vote? and that is at the top of our agenda. did, and we always did. We were ma- The PRESIDING OFFICER. Is there Mr. DASCHLE. I yield the floor. ligned by the other side because we objection to the request of the Senator Mr. HATCH. Mr. President, I have were never good enough, because we from Utah? heard these crocodile tears on the had to live within the budget con- Mr. REID. I object. other side. It is amazing to me because straints. When they found that they Mr. HATCH. Oh, my goodness. they know what a phony issue is—the had to live within the budget con- Several Senators addressed the request for confidential and privileged straints, they skipped a beat and Chair. memorandum from the Solicitor Gen- missed doing the budget. The PRESIDING OFFICER. The Sen- eral’s Office—and they are building Here they are coming in here with ator from Utah has the floor. their whole case on that. All they have crocodile tears saying a circuit court of Objection is heard. to do to go on to anything else in the appeals judge is not important enough. Mr. HATCH. Mr. President, the dis- Senate is to exercise the advice and Well, if he is not, vote him down, let’s tinguished minority leader said that consent that the Constitution talks have a vote, and let’s vote him down. half of the American people are only about; that is, to vote up and down. If Now—— getting $100 out of this tax cut. I hap- they feel as deeply as they do about Mr. SCHUMER. Will my good friend pen to know, the people who are at the these, I think, spurious arguments that yield for a question? $40,000 level are getting about a $1,000 have been made just in the last few Mr. HATCH. If I could finish. I am tax cut. Just understand, the top 50 minutes—by the way, made by people wound up right now. I would like to un- percent in our society pay 96-plus per- who had all of last year to come up wind a little bit before I yield to my cent of the total income taxes in this with a budget, and for the first time in dear friend. country. So that is another phony ar- this country couldn’t even do that. The And to say that we are filibustering gument. reason they didn’t is because they because we are trying to get a vote on I have to say, there are 52 million knew it was pretty tough. They criti- this? Why don’t we just do that? Why people in the stock market who have cized us all these years for coming up don’t I just—I ask unanimous consent wanted dividends in spite of the rep- with these tough budgets because we that we proceed to a vote on the resentations that were made here. And had to make the decisions. Senator Miguel Estrada nomination, so we can in this downturn in the economy, per- DOMENICI from New Mexico has had to get to all these important budget mat- haps they have not been able to get make tough decisions as Budget Com- ters. It would be a quick way of doing dividends because the companies have mittee chairman. We always came up it. And those who do not like Miguel not done well. But this downturn start- with a budget, as tough as it was. We Estrada: vote him down. Those who do: ed in the year 1999 or 2000. This Presi- are criticized all the time for not hav- vote him up. I ask unanimous consent dent was not the President at the time. ing enough money for the poor and this that we proceed to a vote on Miguel He has inherited these problems. and that and everything else, every Estrada. I just have to say that for people who phony argument in the books. Yet The PRESIDING OFFICER (Mr. SES- never passed a budget last year, and when they had the opportunity and saw SIONS). Is there objection? did not pass hardly any of the appro- how tough it is to come up with a budg- Mr. REID. I ask to amend the unani- priations bills, to come in here and use et, my gosh, they did not do it, nor did mous consent request, that after the these crocodile tears, that this is some- they do all those appropriations bills Justice Department provides the re- how holding up our economic where- that we had to do once we took over. quested documents relevant to Mr. withal in this country, when they All they have to do to go on to these Estrada’s Government service, which refuse to allow a vote, as we just saw— wonderful economic issues—and we all were first requested in May 2001, the I think there is something wrong here.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2643 Just remember, even the Washington Mr. HATCH. There is a lot more than chance to do it. You didn’t do it. Now, Post said, ‘‘Just Vote.’’ Just vote, fel- a transcript here. after the fact, 2 years later, this man lows and ladies. All you have to do is Mr. SCHUMER. I know. I ask my col- has been sitting there, waiting for fair- vote. If you don’t like Miguel Estrada, league, does Miguel Estrada talk about ness, being treated totally unfair, and vote him down. how he feels about the 1st amendment, he can’t get—my gosh, he can’t get a The reason they don’t want a vote, or the 2nd amendment, or the 11th vote up or down, which is what the and the reason this is a filibuster, is amendment, or the commerce clause, Washington Post says we should do. that they know Miguel Estrada has the or the right to privacy, or all the major Mr. SCHUMER. Will my colleague votes here on the floor to be confirmed. issues that he will rule on for the rest yield for a question? And for those who think that the of his life if he becomes a judge? And if Mr. HATCH. I know Senator DOMEN- economy is everything, let me just he does not, other than to say, ‘‘I will ICI has been waiting a long time. make a point. The judiciary is one- follow the law’’—and we all know Mr. SCHUMER. Sir, I was waiting third of these separated powers. If we judges follow the law in different longer than Senator DOMENICI. If my don’t have a strong judiciary in this ways—then why isn’t what is good for colleague will yield? country, we will never have a strong the goose good for the gander? Mr. HATCH. No. Senator DOMENICI economy because the Constitution In other words, when it was a Demo- has been waiting for well over an hour. And, well, I am not yielding the floor. would not be maintained. I would have cratic nominee—and this is not tit for Several Senators addressed the to say this body has not maintained it tat. My colleague, who cares about the Chair. through the years, as I have seen un- judiciary, said he needed extensive The PRESIDING OFFICER. The Sen- constitutional legislation after uncon- questions. We didn’t get that oppor- ator from Utah has the floor. stitutional legislation move through tunity because, as my colleague well Mr. DOMENICI. Mr. President, might here. It isn’t this body that has pre- knows, Mr. Estrada just said, on every I ask the distinguished Senator from served the Constitution, nor has it issue asked, ‘‘I will follow the law.’’ Utah how much longer he intends to been the executive branch. We have Mr. HATCH. Ask a question. speak on this round? seen a lot of unconstitutional things Mr. SCHUMER. My question to my Mr. HATCH. Well, I yield the floor. over there over the years, although I colleague is—— Several Senators addressed the believe people have tried to sincerely The PRESIDING OFFICER. The Sen- Chair. do what is right. But it has been the ator from New York will place a ques- The PRESIDING OFFICER. The Sen- courts that have saved this country tion. ator from New Mexico. and the Constitution. Mr. SCHUMER. Why shouldn’t we be THE ECONOMY Mr. SCHUMER. Will my colleague accorded the same right, as he es- Mr. DOMENICI. Mr. President, I yield for a question? poused in his speech in 1997, to get all would like to discuss for a few minutes Mr. HATCH. I will. Let me make one the details to this appointment to the with the Senate, and those who are in- more statement. second highest court of the land, which terested in what we are doing here, It has been the courts. This is an im- is going to have a lifetime—Mr. first, the issue of the American econ- portant position, and if we are going to Estrada has a job now; but this is a dif- omy and what we ought to be doing have to go through this on every cir- ferent job—a lifetime appointment about it because the other side of the cuit court of appeals nominee because that will affect everybody? Why is the aisle—the Democratic leadership in the the other side just doesn’t like them— one different than the other? Senate—has decided that they are not they don’t have a good, valid reason for Mr. HATCH. Regular order, Mr. going to permit us to vote on a most voting against Miguel Estrada, other President. eminently qualified nominee, whose than this phony red herring issue about The PRESIDING OFFICER. The Sen- qualifications I will discuss shortly. the Solicitor General’s Office, which I ator from Utah has the floor. They come to the floor and discuss don’t think anybody in their right Mr. HATCH. Look, I don’t withdraw an issue—to wit, the American econ- mind would buy. that statement. That statement is an omy and the plight of the American ‘‘Just Vote,’’ the Washington Post important statement. The distin- worker—as if they can do something said. guished Senator from New York and about that problem, as if they have a I will be happy to yield to my col- his colleagues had almost 2 years. The solution to the economic woes in this league. distinguished Senator from New York country, as if they could do something Mr. SCHUMER. I thank my colleague. And conducted this hearing. The distin- in the Senate that would help the I know he feels passionately about this. guished Senator from New York said it working people. Many of us feel passionately about this. was a fairly conducted hearing. The They have no plan. The plans they Mr. HATCH. More than passionately. distinguished Senator from New York have submitted are, according to most Mr. SCHUMER. I would like to ask had a right to ask any questions he economists, far inferior to the only the Senator two questions. wanted. He did. The distinguished Sen- plan we have, and that is the plan of The first question is this. My col- ator from New York had a right to ask the President of the United States. league said, in a very well done written questions. He did not. Nobody should be fooled by this dis- speech—I read it—before the Univer- He could have asked: What do you cussion. We can take to the floor for sity of Utah , in 1997: think about the 11th amendment? Lis- the next 5 weeks and have speeches by Determining which of President Clinton’s ten, that is a question that is almost the other side of the aisle claiming nominees will become activists is com- improper because you are saying—— that they are concerned about the plicated and it will require the Senate to be Mr. SCHUMER. Could I ask my col- working people, that we have problems more diligent and extensive in its ques- league to yield? in the economy, but none of that will tioning of nominees’ ‘‘jurisprudential Mr. HATCH. Let me finish answering do anything to help the American peo- views.’’ your question. He could have asked: ple. If we know how to help them, we Now, in fairness to my friend—— What do you feel about the first have to do something. And to do some- Mr. HATCH. Does the Senator have a amendment? Are you kidding? That is thing, we have to act in the Senate and question? not a question that should be asked a the House or the President has to act. Mr. SCHUMER. I have a question. I judicial nominee. And any judicial As a matter of fact, the Budget Com- am coming to it. In fairness, the Sen- nominee would answer: What I feel is mittee, which is currently chaired by ator just said how important the judi- irrelevant—which is the way he an- the distinguished Senator from Okla- ciary is. swered it. It is what the law says. homa, Mr. NICKLES, which I used to Mr. HATCH. That is right. Frankly, he answered that time after chair, and which 3 years ago was Mr. SCHUMER. Now, in those papers, time after time on question after ques- chaired by a Democrat because they the books that my colleague has held tion after question. were in control, has to produce a budg- up—I have read them. I read the whole Where were the written questions of et before we can do anything. transcript. I was there for much of it. I the distinguished Senator from New So in response to all the rhetoric, we chaired that hearing. York? They were not there. You had a can take no action until we have a

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2644 CONGRESSIONAL RECORD — SENATE February 25, 2003 budget that lays forth what we will do, about the economy because we don’t I am hopeful that before we are fin- when we will do it, and how we will do want the Senate to vote on the issue ished, good leaders on that side of the it. that is justifiably before us—to wit, aisle, including the distinguished mi- I submit that the chairman of the whether or not Miguel Estrada is enti- nority leader, will exercise some com- Budget Committee this year will tled to have a vote. mon sense about the future of the Sen- produce a budget on time. It will come I thought it might be interesting to ate and the appointment of Federal to the floor on time. I predict it will be look at a few comparisons. I took some judges. The future of this institution as passed on time, as compared with last of these judges who sit on the DC Cir- an institution that is supposed to look year when the other side of the aisle cuit. Let’s see how they compare with at the Presidential nominees and work was in charge of the budget. They pro- the nominee and what happened to with Presidents and then indicate duced no budget. They came to the them as they came before the Senate. whether we want to approve them or floor and said: We can’t produce it be- We have Karen Henderson, appointed not is in real jeopardy because they are cause it is too hard and we don’t have by George Bush; we have Justice Rog- about to say that from this day for- the votes. So we did nothing. Isn’t that ers and David Tatel; then we have ward, because of their stubbornness spectacular, that the leadership on Miguel Estrada. Let’s look at a com- about this nominee, they are going to that side of the aisle, the last time parison. These judges are there on the change the rules so that judges will they were charged with doing some- bench, they were appointed and con- need 60 votes, not the majority rule thing for the American people with a firmed. Here is one from Duke Univer- that we thought existed. budget, punted? They punted. They had sity, Judge Henderson, who attended I will not yield to my good friend. I no plan. They produced none. the University of North Carolina Law see him standing out of the corner of Today, when we have a bona fide School. It is interesting, as far as other my eye, and I will save his words. issue that we can do something about— things are concerned that those can- Please understand, I will yield soon. that is, appoint a circuit court judge didates did to prepare them to sit on So what they would like to do is to who is qualified—they have the effron- the bench, such as Circuit Court clerk- change from 51 votes being necessary tery to come to the floor and engage in ships, Supreme Court clerkships, and to approve judges of the United States a discussion as if a discussion about Federal Government service. Look, under our Constitution—because of the plight of the American worker these others had none. Yet, they were what I perceive as nothing more than would solve the problems of the Amer- deemed to have had adequate experi- an unfounded fear—and you know, ican worker. What will their discus- ence to go on the bench. And Miguel their fear is not the one that has been sions do for the American worker? Do Estrada is not. expressed. Their fear is that this young they have some grand plan they want Look at what he has done compared man will be a great judge and, besides to come down here and talk about? to them. Just look at the list. Obvi- that, he is Hispanic, whether you want They have been doing it in spite of ously, he graduated from a comparably to argue, as some would, that a Hon- whatever the debate is. They have been good law school. His is Harvard. One of duran who is Hispanic is not Hispanic, talking about whatever plan they had. theirs was Chicago. One of theirs was which is a most incredible argument. If I have not seen it foment any great en- Harvard. One was North Carolina. And we were to start that across America thusiasm on the part of those who are then look at all the other things he has when we are talking about Hispanics, worried about the American economy, done. Yet they say he is unqualified. we are going to have to decide which unless it is themselves talking to But these two—these three get ap- one is Hispanic, and if a Honduran with themselves. I have heard no great pointed. They are serving, and they are his family name is not one, as some group of American economists saying: apparently qualified. would say on that side of the aisle, that Boy, they have a great plan to help the Look at the really important issue. is pure, absolute lunacy. American workers. Quite to the con- Look at how long it took this judge trary. from the time her name was submitted So they are going to say we don’t There is only one plan around that to take her seat on the bench—51 days. want him there, but it is not because has significant support. And if they No aspersions on this judge. She must they fear him as a circuit court judge. want to change it, they will have their be great. She got there in 51 days. But They fear him because he is then, if he opportunity. But it will not get she had none of the experience Miguel sits on the circuit court, a legitimate, changed with speeches. It will get Estrada had. She graduated from a potential U.S. Supreme Court member. changed when the bills come to the good law school, certainly. And she We have not had one who is Hispanic. floor. They will be here in due course. went to an undergraduate school, got a They are frightened to death. While all As a matter of fact, they will be here degree at Duke, a great university. of their fear is illegitimate, some of it faster than they ever got here when the But how about experience, the expe- is selfish fear because they think their Democrats were in control. rience of being part of the Attorney party should be the one that nominates We have a commitment from the General’s Office of the United States, a Hispanic who would be on the U.S. chairman of the Budget Committee which this candidate did under a Demo- Supreme Court. They think that be- that it will be here on time and that it crat and a Republican, a circuit court cause Hispanics are predominantly will be a plan that will be voted on by clerkship, Supreme Court clerkship? members of the Democratic Party, that committee and presented to us so They had none of that, and look at how they should be the party that puts into we can vote on it on behalf of the quickly they got appointed: 51 days, 113 position a Hispanic who might go to American people. That side will have days, 108 days. Look at Miguel Estrada: the highest bench in the country. their chance to amend it, if they can. 650 days and counting since he was rec- I believe that is a terrific burden to That is what we are going to do. We are ommended until today while they con- place on this young man, who at this going to start that and then move it tinue to say: No vote. early age has accomplished more, by right along. We will move it more expe- Again, we have a lot of time in the way of experience, legal accomplish- ditiously than it has ever been moved Senate. So the Democrats can come ments, and academic accomplishments, before because we have the will, we down here this afternoon, and nobody than any of the members sitting on the have the leadership in the White is going to keep them from debating circuit court today. House, and we understand that we have the economy. If they want to equate a I finished talking about those judges to produce a budget resolution with the debate in the Chamber of the Senate who were far less experienced and how requisite mandates to the committees about the economy and call it 2 million long it took them to become judges. of the Senate to reduce taxes in what- to 1, or whatever words they were Now I will take these judges who have ever way we collectively want, be it using, let them have it. It doesn’t do comparable experience to Miguel the President’s wishes or some other anything to help the American people Estrada. I find that by looking in the plan. But we have to do it—not speech- and the working man. What it does is records and seeing what they did. In es, not coming down here and creating detract from the fact that they want to addition to the law schools and under- something sort of a let’s have another change the precedent of this institu- graduate, it looks like circuit court showdown here on the floor, let’s talk tion. clerkships, looks like Supreme Court

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2645 clerkship, looks like Federal Govern- their way of honoring Presidents’ Day. The ceed to quote the distinguished Demo- ment service are pretty much equiva- annual recess suspended their filibuster cratic Senators who have in the past lent to what Miguel Estrada has. Look against a federal judgeship vote. The Dems stated that we should not filibuster here, it took only 15 days from the are making an unwarranted stand, and an Federal judge appointments. They cite unseemly fuss, over the nomination of time of nomination to confirmation. Miguel Estrada to the U.S. Court of Appeals TED KENNEDY, our distinguished Senate Raymond Randolph, appointed by for the D.C. Circuit. colleague, and PATRICK LEAHY, our dis- George Bush, attended Drexel Univer- The filibuster—protracted talking under tinguished colleague, and they quote sity; graduated from Pennsylvania Law senatorial privilege—had consumed a week from them as to why we should not use School, summa cum laude, much like of debate about Estrada before the senators a filibuster when it comes to the ap- Miguel Estrada; who was a circuit left town. Now they’re gravitating back to pointment of judges. court clerk for a Second Circuit Judge; the Potomac, and the Dems can hide no Of course, the editorial asks, Why longer. Resumption of their verbose balking Assistant Solicitor General and Deputy now? The editorial proceeds to talk will make them look ridiculous—at a time about this young judge and his great Solicitor General. That is much like when the nation needs statesmen to stand up Miguel Estrada. It took 66 days from against the White House warmonger and his qualifications. It indicates that we nomination to vote. A comparably partisans commanding Capitol Hill. should not make this mistake in equipped nominee, it took 66 days. The Democrats have chosen a particularly changing what we have been doing for Another one is Merrick Garland, ap- poor target: Estrada, who came from Hon- so many years and create a 60-vote re- pointed by President Clinton, graduate duras as a boy and went on to lead his law quirement for a judgeship. of Harvard, summa cum laude; Harvard class at Harvard, is better qualified than Then the third article is from the many a Democratic appointee now holding Law School, circuit court clerk, special largest newspaper in the State—the Al- life tenure on one federal bench or another. buquerque Journal. They have a very assistant—very much the same as But after confirming so many less-quali- Miguel. That took only 71 days. Isn’t fied judges while they held power, Estrada’s lengthy editorial piece. The headline is that amazing? Very comparable cre- senatorial tormentors now offer ‘‘reasons’’ ‘‘End Filibuster, Put Court Nominee to dentials. This man has been waiting 650 why he shouldn’t be confirmed; too young; Vote.’’ That is the daily Albuquerque days—Miguel Estrada—and it is con- too bashful about answering leading ques- newspaper. They merely conclude that tinuing day by day. tions; appointed only because he’s Hispanic— the time has come. That is from my I don’t get a chance to come down or, to some senators’ way of thinking, not home State. I suggest when you put the Hispanic enough. three together, they have gotten the here as frequently as some, although What really rankles with the Democrats, Senator NICKLES and I agreed many though, is Estrada’s politics. He’s a conserv- message very well. They have heard months ago that we would be special ative. Surprise, surprise; we’ve got a con- both sides. They quote arguments friends to Miguel Estrada and help him servative president, and it’s the president made on the other side and find them as he moved through here. He has so who makes the appointments to the federal without merit, and they proceed to in- many helpers in a job that is very sim- judiciary. dicate that, without question, the time As the party on the outs, the Dems had ple. Senator NICKLES spoke yesterday has come to have a vote. better get used to like-minded appointments and he referred to that special kinship. I ask unanimous consent that those from the president. If their game-playing two articles be printed in the RECORD. I haven’t been here as often as some goes on, a disgusted American public might but I have heard some very good There being no objection, the mate- keep George W. Bush in office for the next rial was ordered to be printed in the speeches. I heard some very good ef- six years. The country certainly didn’t see forts on the part of the other side of any reason to balance Bush against a Demo- RECORD, as follows: the aisle to justify the delays that are cratic Congress when it had a chance just a [From the Albuquerque Journal, Feb. 24, taking place. Some have wondered few months ago. With their spiteful behavior 2003] whether it does any good for Repub- toward Bush appointees, the Dems aren’t ex- END FILIBUSTER, PUT COURT NOMINEE TO actly gaining goodwill. VOTE licans to insist that this man be given If they find the Republican so repugnant, What the Colt revolver was on the dusty an up-or-down vote, and that whatever let ’em vote against him; at least they’ll be streets of the Old West, the filibuster is on is occurring on the other side of the putting their ideals—or their party colors— the floor of the U.S. Senate: The great equal- aisle—I have given you four or five rea- on display. But this is no Mr. Smith against izer gives 41 senators the ability to bring the sons it may be occurring—but I suggest some diabolical establishment; it’s a bunch chamber’s business to a halt. our effort is doing some good. of sore losers making themselves even more The tactic should be unholstered only on I will tell you that in my State three so. issues of high principle or grave importance. newspapers over the weekend an- To break a filibuster by cloture takes 60 Considering the issues currently confronting senators. The Senate’s 51 Republicans need Washington, the judicial nomination of nounced in open and bold editorials nine of the 48 Democrats, or eight of them Miguel Estrada does not rise above partisan that the Democrats should stop the fil- and ex-Republican Jim Jeffords of Vermont. wrangling. To block a vote on his appoint- ibuster, retreat from it, and get on New Mexico’s Jeff Bingaman should lead ment to the U.S. Court of Appeals for the with the vote. One of them is a news- the Democratic blockade-runners. By all District of Columbia Circuit is an abuse of paper known as the Santa Fe New measures, Bingaman is a class act; a lawyer the filibuster. Mexican. Obviously, those who know who knows that senators have no business Democrats say the filibuster is justified our State know that this paper—a very obstructing appointments on purely political because too little is known about Estrada old newspaper—is certainly not a con- grounds. He also knows that Republicans and he has not been forthcoming about his aren’t going to hold the White House forever; judicial philosophy. servative newspaper. They say in their that sooner or later a Democratic president New Mexico Sen. Jeff Bingaman said Fri- editorial—the lead words are—Binga- will be choosing judges. And he realizes that day he has not made up his mind about back- man—meaning our Senator—‘‘Binga- Republicans, like their mascot, have long ing continuation of the delay tactic, and man should lead the Dems’ filibuster memories. echoed the Democratic indictment of the retreat.’’ They have a very lengthy dis- The last thing our justice system needs is Honduran immigrant as a stealth conserv- cussion of why my colleague, the jun- an ongoing feud over appointments to dis- ative. ‘‘Obviously, you become suspicious of a ior Senator from New Mexico, should trict and appellate judgeships. Let Judge Estrada’s confirmation be a landmark of par- person’s point of view if he won’t answer lead the Democrat retreat from the fil- tisan politics’ retreat from the courtroom. questions,’’ Bingaman said. ibuster that is working its way on the Let’s get on past mere suspicions of Demo- Democrat side. I ask that the editorial Mr. DOMENICI. Mr. President, we crats and declare guilt by association. have a rather active University of New be printed in the RECORD. Estrada is the choice of President Bush. His Mexico newspaper. It is named the views doubtlessly come closer to mirroring [From the Santa Fe New Mexican, Feb. 24, Daily Lobo, after the athletic team. 2003] Bush’s than those of left-leaning Democrats They have a columnist there, Scott or those of Clinton’s judicial nominees. BINGAMAN SHOULD LEAD DEMS’ FILIBUSTER Darnell, who wrote: Feminist Majority president Eleanor RETREAT Smeal, for one, doesn’t need any more infor- Miguel Estrada isn’t probably someone As legendary prizefighter Joe Louis said of mation about Estrada to know that in block- with an immense amount of name recogni- an upcoming opponent reputed to be fast on ing him, ‘‘the Democrat leadership is giving tion—yet. his feet: ‘‘He can run, but he can’t hide.’’ voice to its massive base of labor, civil Senate Democrats, along with the Repub- That is this University of New Mex- rights, women’s rights, disability rights, en- lican majority, fled Washington last week as ico editorial comment. Then they pro- vironmental, gay and lesbian rights groups.’’

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2646 CONGRESSIONAL RECORD — SENATE February 25, 2003 Oh, then this is about constituent politics. the Senate deny [the nominee] his vote by and not one single thing will happen to There’s another constituent-oriented facet: the entire Senate.’’ benefit the American workers, not one Miguel Estrada is a successful immigrant, Finally, Sen. Barbara Boxer, from Cali- thing. current front-runner to become the first His- fornia said, from Congressional Record in We need to do something, and what panic Supreme Court justice and an obvious 1995, that, ‘‘The nominee deserves his day, role model—in short, a poster boy for Repub- and filibustering this nomination is keeping we must do is decide whether we want lican recruitment of minorities away from him form his day.’’ the President’s plan or some modifica- the one, true political faith. It seems people can change quite a bit in tion of it. The only way we can do that This isn’t about suspicions; Estrada is only a matter of years. is to move with dispatch on the issues Democrats’ worst nightmare from a partisan But why are Senate Democrats and many before us, those issues, in the way pre- perspective. leftist organizations so dead set against scribed under our rules. There is no one From a personal perspective, Democrats Estrada’s nomination? The obvious answer suggesting we should throw away our lies in the fact that the court he is being who have worked with him in the Clinton ad- rules and pass a plan tomorrow morn- ministration have high praise. Seth Wax- nominated to is considered the second-high- man, Clinton’s solicitor general, called est court in the nation and often times ing. Nobody is suggesting we do that. Estrada a ‘‘model of professionalism.’’ though of as a stepping stone to the Supreme In due course, in the matter of only Former Vice President Al Gore’s top legal Court. a few weeks, we will be voting on adviser, Ron Klain, said Estrada is ‘‘genu- Secondly, Senate Democrats and organiza- whose plan should be adopted to help inely compassionate. Miguel is a person of tions such as the NAACP or the AFL–CIO the American economy move forward. outstanding character (and) tremendous in- recognize Estrada’s ethnicity—they recog- I submit that the facts are over- tellect.’’ nize his heritage and the future he is making whelming that the arguments against During Judiciary Committee hearings in for himself—but let’s face it, he’s just the Miguel Estrada are not justified. Those September, Estrada said: ‘‘although we all wrong type of minority. He’s Hispanic and these politicians and organizations are all arguments do not justify these delays. have views on a number of subjects from A I yield the floor. to Z, the first duty of a judge is to a put all for the pro-active advancement of Hispanics, that aside.’’ just not his type of Hispanic. The National f That’s good advice for a judge, and it’s Association for the Advancement of Colored RECESS good advice for senators sitting in judgment People is now going to read ‘‘The National of a nominee. Put aside pure partisan consid- Association for the Advancement of Colored The PRESIDING OFFICER. Under erations; weight Estrada’s qualifications, People Who Believe in ONLY Leftist Prin- the previous order, the hour of 12:30 character and intellect; end the filibuster ciples and Ideology.’’ p.m. having arrived, the Senate stands and put this nomination to a vote. Miguel Estrada will not, while in whatever in recess until 2:30 p.m. courtroom he may preside over, pander to Thereupon, the Senate, at 12:30 p.m., [From the Daily Lobo, Feb. 24, 2003] the interests of those who wish to establish recessed until 2:30 p.m. and reassem- ESTRADA NAYSAYERS HYPOCRITICAL and ingrain a persistent racial inequality in America, those who do not now carry out the bled when called to order by the Pre- (By Scott Darnell) legacies of past civil rights leaders, but in- siding Officer (Mr. VOINOVICH). Miguel Estrada isn’t probably someone stead bastardize those past efforts by forcing f with an immense amount of name recogni- racial tension upon Americans to keep soci- EXECUTIVE SESSION tion—yet. ety at their beck and call while gaining per- President Bush appointed him to an open sonal notoriety, prestige and wealth. seat on the U.S. Court of Appeals, District of If the Senate Democrats try to filibuster Columbia Circuit on May 9, 2001; he immi- Estrada’s nomination, they will be holding NOMINATION OF MIGUEL A. grated to the United States from Honduras back debate and action on the immediate na- ESTRADA, OF VIRGINIA, TO BE when he was 15 years old, graduated from tional and foreign issues affecting this coun- UNITED STATES CIRCUIT JUDGE Harvard Law School magna cum laude in try, such as creating and passing the appro- FOR THE DISTRICT OF COLUM- 1986, has been a clerk for a Supreme Court priate economic stimulus package, among BIA—Continued justice, an assistant U.S. attorney and the other important topics. The PRESIDING OFFICER. The ma- assistant solicitor general, among other If the Senate feels that Estrada has com- stints in private practice. He is supported by mitted a criminal or moral transgression at jority leader. many national organizations, including the some point in his life that would injure the Mr. FRIST. Mr. President, nearly 2 Hispanic Business Council, the Heritage integrity and standing of his service as jus- years ago, President George Bush nom- Foundation, the Washington Legal Founda- tice of one of our nation’s highest courts, inated Miguel Estrada to serve on the tion and the Hispanic Business Roundtable. they should provide sufficient evidence to U.S. Court of Appeals for the District Unfortunately, Estrada’s confirmation has that end and take whatever measures nec- of Columbia. When confirmed, he will been delayed and prevented by many Demo- essary to disallow a moral or actual criminal crats within the Senate, an action fueled by be the first Hispanic member of this from taking the bench. But, in this case, no court. But the other side of the aisle many leftist groups, organizations and lob- such criminal or moral transgression can be byists in America. Currently, Senate Demo- seen, and the argument against his nomina- has stalled. In fact, as I look back, we crats are planning to, or may actually be tion is purely idealogical; a filibuster would have been on this particular nomina- carrying out, an intense filibuster against represent a blatant obstruction of our polit- tion since February 5. The other side Estrada’s nomination; filibustering, or tak- ical system and a disservice to the American has continued to stall this nomination, ing an issue to death, is definitely a method people. So, as Democratic Sen. Barbara preventing something that is very sim- for lawmakers to prevent a policy or other Boxer put it so succinctly a few years ago, ple, that I think the American people initiative from ever coming to fruition—end- ‘‘Let the nominee have his day.’’ ing a filibuster is difficult, especially in our now understand, and that is a very sim- closely divided Senate, taking a whopping 60 Mr. DOMENICI. Mr. President, I re- ple up-or-down vote. votes. peat, it is one thing to delay; it is an- Every Senator in this body can de- The most unfortunate part of the Senate other thing to talk a lot; and it is yet cide either they support this nomina- Democrats’ obstruction on Capitol Hill lies another thing to attempt to get the tion or they do not. Earlier today, at- in the fact that many high-ranking Senate issue that is before us and find a way tempts were made from the other side Democrats have at one time condemned around it and cloud the issue. That is of the aisle to bring up other legisla- nomination filibusters quite harshly, leaving all that is happening this morning with tion with the call that it is time to their intense efforts to carry out a filibuster the discussion by the Democratic lead- today very hypocritical. For example, Pat- move on, and I agree; it is time to rick Leahy, the senior Democrat on the Ju- ership, joined by certain Democratic move on. We have had hours and days diciary Committee, said, from Congressional Senators, when they argue that Repub- and nights to debate and discuss the Record in 1998, that ‘‘I have stated over and licans, by insisting that we vote on opportunity given to both sides of the over again . . . that I would object and fight this nominee, are in some way failing aisle, and now it is time for us to vote any filibuster on a judge, whether it is some- to do justice to the economic problems on this nominee. body I opposed or supported.’’ that exist in our country. For nearly 2 years, the nomination of Sen. Ted Kennedy said, from Congressional I hope it doesn’t take a lot more dis- this man—now, remember, the Amer- Record in 1995, that, ‘‘Senators who feel cussion for people to understand that is ican Bar Association has deemed him strongly about the issue of fairness should vote for cloture, even if they intend to vote absolutely an untruth. It is an abso- well qualified—has languished as some against the nomination itself. It is wrong to lutely irrelevant argument. They can in this body have played politics with filibuster this nomination, and Senators who talk all they like about the economy his future. They have consistently re- believe in fairness will not let a minority of and quit talking about Miguel Estrada fused to give Miguel Estrada this very

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2647 simple right, I would argue, and that is I would be happy to do it with the Miguel Estrada’s confirmation to the an up-or-down vote. Democratic leader or his representa- U.S. Court of Appeals for the District In fact, the tactic, which is a fili- tive—toward putting together a rea- of Columbia, it is past time they share buster—and the American people un- sonable list of questions that Members it. derstand it is a filibuster—is something may wish to pose to Miguel Estrada. I Miguel Estrada’s nomination was an- my colleagues on the other side of the would hope that once we agree upon nounced in May of 2001 and has been aisle have said they would not use, fili- the questions, submit them, and get held hostage since by the Senate bustering of such a nominee. They have the answers back, that process would Democrats who have yet to clearly ar- said that in the past. Yet they are fili- allow us to come back to what I think ticulate their objections to him. bustering this nomination on the floor we should be able to turn to imme- Mr. Estrada is widely regarded as one of the Senate. We feel that is wrong. diately, but with the filibuster we are of the Nation’s top appellate lawyers, We will continue to fight for this up-or- unable to, and that is to have a vote having argued 15 cases before the Su- down vote for this qualified nominee. this week on the nomination. preme Court of the United States. He is We came back from a recess yester- I am really talking more process at currently a partner in a Washington, day. It is fascinating as we look around this point, with an appeal to the other DC, law firm and practices law. He is the country, even the newspapers, if we side for us to put together questions to truly an American success story. look at the top 57 newspapers—I do not submit and, once we receive those an- think one can say the top 57, but to swers, be able to have a vote this week. Miguel Estrada emigrated to the read what 57 major newspapers in this Thus, I ask unanimous consent that United States from Honduras at the country are seeing and saying in terms the vote on the confirmation of the age of 17, speaking very little English. of their editorials, indeed, 50 news- nomination of Miguel Estrada occur at He graduated magna cum laude from papers from 25 States and the District 9:30 on Friday, February 28. Harvard Law School and served as a of Columbia have editorialized either Before the Chair puts the question, I to U.S. Supreme Court Jus- in favor of the Estrada nomination and/ would add, and I want to stress, that I tice Anthony Kennedy. He has been in or, I should say, against this filibuster will work toward getting answers to the judicial system. He is an esteemed of a nominee, in essence saying, yes, any reasonable list of questions that academic. He has a stellar record. Yet please give him an up-or-down vote. could be worked out on both sides of Miguel Estrada cannot get a vote on It seems, because we are demanding a the aisle. the floor of the Senate. He has been a supermajority to become the standard, The PRESIDING OFFICER. Is there highly respected Federal prosecutor in that the other side of the aisle is hold- objection? New York City. He served as Assistant ing this Hispanic nominee, Miguel The Senator from Nevada. Solicitor General under President Estrada, to a higher standard than any Mr. REID. I ask the majority leader George H.W. Bush for 1 year and under other nominee to this court has ever to modify his proposal in the following President Clinton for 4 years. been held. I think this is wrong. It is manner: I ask unanimous consent that His nomination has broad bipartisan unreasonable, using a filibuster and after the Justice Department complies support, including support from high- forcing a judicial nominee to effec- with the request for documents we ranking Clinton administration offi- tively gather 60 votes rather than 50 have sought, namely the memoranda cials such as former Solicitor General votes for confirmation. It sets a new from the Solicitor’s Office which were Seth Waxman and Ron Klain, the and unreasonable precedent. first requested on May of 2001, the former counselor to Vice President Al In the sense of fairness, I once again nominee then appear before the Judici- Gore. appeal to my colleagues on the other ary Committee to answer the questions Mr. Estrada has worked throughout side of the aisle to give us that vote. which he failed to answer in his con- his career while he has been in the pub- Clearly, Senators have had adequate firmation hearing and additional ques- lic sector and the private sector to up- time to debate this nominee. I myself tions that may arise from receiving hold our Constitution and preserve jus- have come to this floor on five separate any such documents. tice. occasions to attempt to reach an agree- Mr. FRIST. Mr. President, I will not That we cannot get a vote on this ment with the other side of the aisle modify my unanimous consent request qualified man is incredible. I am afraid for a time certain for a vote on the as spelled out. it could be the beginning of a precedent confirmation, and each time my Demo- Mr. REID. I object. that, in my opinion, is unconstitu- cratic colleagues object to giving him a The PRESIDING OFFICER. The ob- tional. simple up-or-down vote. jection is heard. The two arguments I am hearing The Senator from Texas. Our Founding Fathers understood the from the other side of the aisle are, Mrs. HUTCHISON. Mr. President, as need to have three separate and equal one, they want unprecedented access to we have just heard from our distin- branches of government so there would this confidential memoranda and, sec- guished majority leader, the Senate be checks and balances throughout our ondly, they need more information. has had the nomination of Miguel system. They gave to the President the The first, to my mind, is a specious Estrada since May 9, 2001. This man has right to appoint a Federal judiciary, a argument. It has been talked about been waiting for confirmation for al- Federal judiciary that has lifelong ap- again and again on the floor. It is al- most 2 years. This is the most qualified pointments. They gave to the Senate most a fig leaf because they know it person who has never gotten a vote in the right of confirmation—advise and cannot and should not be complied the Senate. In fact, the American Bar consent as it is called in the Constitu- with. Association rated Miguel Estrada tion—that has always meant a major- I do want to address the second argu- unanimously well qualified, the highest ity vote. If a two-thirds vote has ever ment very briefly, not so much in sub- possible rating. Never before have Sen- been required by the Constitution, it is stance but in terms of how we can ators filibustered such a nominee. specified. So we are talking a simple bring this matter to a conclusion for Mr. Estrada would be the first His- majority, a simple majority to confirm the American people and for this nomi- panic to serve on the Nation’s second the nominees of the President. That is nee, so we can get to an up-or-down most important Federal court, adding the check and the balance in the sys- vote, and that is if they really feel diversity to our judicial system. tem. there are specific questions that have Miguel Estrada’s nomination is sup- What we see today is an amendment not been answered, to reach out and ported by a number of Hispanic organi- to the Constitution, but it has not gone figure some reasonable way to get the zations, including the Hispanic Na- through the process required under the information to those questions. Again, tional Bar Association, the League of Constitution where an amendment outside of the rhetoric that flows back United Latin American Citizens, and would get a two-thirds vote of both and forth and outside the heat of the the U.S. Hispanic Chamber of Com- Houses of Congress and then it would argument, in the spirit of working to- merce. The Austin American States- go to the States to be passed. That is gether, I do want to suggest we work man wrote last Friday: If Democrats the requirement to change the Con- together on both sides of the aisle—and have something substantive to block stitution of this country.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2648 CONGRESSIONAL RECORD — SENATE February 25, 2003 However, today we are changing the again picks judges. Yet the D.C. Circuit—and threatened a filibuster to block the con- Constitution because we are, in es- all courts, for that matter—would be all the firmation of Hispanic Miguel Estrada, nomi- sence, requiring 60 votes to break a fili- poorer were it composed entirely of people nated by President Bush to the federal Court whose views challenged nobody. of Appeals for the D.C. circuit. buster in order to confirm this judge, Nor is the problem just Mr. Estrada. John If Estrada were applying to the University Miguel Estrada. Why have we set a bar G. Roberts Jr., Mr. Bush’s other nominee to of Michigan law school, Democrats, it seems, of 60 votes for this man? What is the the D.C. Circuit, has been waiting nearly two would support giving him 20 points just for thought process of the Democrats who years for a Judiciary Committee vote. No- being Hispanic. Given the party’s unqualified are filibustering this appointment that body has raised a substantial argument support of affirmative action, why shouldn’t they would substitute a 60-vote re- against him. Indeed, Mr. Roberts is among it ante up to 10 or 15 Senate votes for con- the most highly regarded appellate lawyers quirement for the constitutional provi- firmation simply because of his ethnicity? in the city. Yet on Thursday, Democrats in- Goodness knows that Hispanics, now the na- sion that has always meant 51 votes or voked a procedural rule to block a com- tion’s largest ethnic group, are largely un- a majority of those present, a simple mittee vote anyway—just for good measure. represented in the federal judiciary. majority? And yet we are setting a new It’s long past time to stop these games and Democrats counter that their opposition is bar, a 60-vote bar, without going to the vote. based on Estrada’s views and qualifications. people, without going through the Mr. President, the Washington Post If so, at what point along the ladder from process of a constitutional amendment. has shown the fallacy of all the argu- law student to the federal bench is race no longer relevant? This is not right. This man has been ments that have been thrown out there For Democrats, it was when Estrada pending for 21 months. against Mr. Estrada: Well, he did not stepped on a rung they viewed as conserv- We are now in the Chamber. He has answer questions; well, he is too young; ative. Once that ideological line was crossed, come out of committee. We are in the well, he is not Hispanic enough. all the benefits of affirmative action—in- Chamber trying to get a vote of a sim- Give me a break. This is ridiculous. creased representation, diversity of social ple majority to put the first Hispanic This is a man who is one of the most experience, providing an example for minor- on the DC Court of Appeals, a Hispanic highly qualified appellate lawyers in ity youth—no longer applied to the Hon- duran-born lawyer. who graduated with honors, magna America, who has a stellar academic cum laude, from Harvard Law School, record, who has a stellar reputation in Mr. Martinez says: with years of experience as one of the public life, who has strong bipartisan The whole Estrada tiff is the latest warn- ing to Hispanics that racial politics is about most highly esteemed appellate law- support, and who cannot get a vote in the Senate because he is being filibus- power, not equality. Hispanics have been yers in America, and we cannot get a given fair warning that those who wander off vote on Miguel Estrada. tered. This just is not right. It is time we their pre-assigned ideological plantation will Let me read some of the editorials pay a heavy price. Ethnic hit man, Rep. Bob call this what it is. It is a filibuster. It that have been written about this nom- Menendez, a New Jersey Democrat, un- is a change of the constitutional re- ination. On February 18, 2003, the leashed an ugly personal attack on Estrada quirement for advice and consent from Washington Post wrote: by questioning his Hispanic heritage. To the Senate. It is a change of the Con- date not one Democratic leader has taken The Senate has recessed without voting on stitution without any procedure that is Menendez to task for his unwarranted re- the nomination of Miguel Estrada to the required to amend our Constitution. It marks. That they came from a man with a U.S. Court of Appeals for the D.C. Circuit. Latin surname doesn’t make them any more Because of a Democratic filibuster, it spent is setting a new standard that Demo- crats and Republicans before have al- legitimate or any less offensive than if they much of the week debating Mr. Estrada, and, came from Sen. Trent Lott. at least for now, enough Democrats are hold- ways agreed would never be done. When Democrats, write this down. We Hispanics ing together to prevent the full Senate from Democrats were in control, they did don’t all look alike, we don’t all think alike, acting. The arguments against Mr. Estrada’s not filibuster nominees or they did not and God has yet to appoint Menendez to pass confirmation range from the unpersuasive to allow filibusters of nominees by Repub- judgment on our ethnicity. Ideology has the offensive. He lacks judicial experience, licans, and Republicans are in control. never been an ethnic prerequisite, and it his critics say—though only three current And we are asking for the same cour- shouldn’t be for one on the federal bench ei- members of the court had been judges before tesy, the same tradition, and, in fact, ther. their nominations. He is too young—though There are approximately 50 editorials he is about the same age as Judge Harry T. the same respect for the Constitution. Edwards was when he was appointed and sev- The Constitution says advise and con- written throughout the country about eral years older than Kenneth W. Starr was sent. When the Constitution requires the qualifications of this man. This one when he was nominated. Mr. Estrada more than a 51-vote margin or a simple written by Rick Martinez in Raleigh, stonewalled the Judiciary Committee by re- majority, it so states. That is not the NC, basically says there is a different fusing to answer questions—though his an- case in confirmation of judges, and it standard for Hispanics—that Hispanics swers were similar in nature to those of pre- has not happened before on a partisan are not a monolith and they shouldn’t vious nominees, including many nominated basis. There was one bipartisan fili- be judged as a monolith. In fact, by Democratic presidents. The administra- buster. There has never been a partisan Miguel Estrada is one of the most tion refused to turn over his Justice Depart- qualified people—not one of the most ment memos—though no reasonable Con- filibuster before. gress ought to be seeking such material, as a There is no controversy about this qualified Hispanics, one of the most letter from all living former solicitors gen- nominee. There have been controver- qualified people who—have ever been eral attests. He is not a real Hispanic and, by sies before—controversies where you nominated for an appellate court in our the way, he was nominated only because he could legitimately see a difference in country. He has the experience. He has is Hispanic—two arguments as repugnant as qualifications or in background issues the background. He has the academic they are incoherent. Underlying it all is the or in experience issues. None of that credentials. And he has a reputation fact that Democrats don’t want to put a con- applies to this nominee. that is sterling. Yet we can’t get a vote servative on the court. I think it is time the Democrats on Miguel Estrada. Laurence H. Silberman, a senior judge on state if there are real objections. For I hope those who are refusing to the court to which Mr. Estrada aspires to allow a vote on Miguel Estrada will lis- serve, recently observed that under the cur- instance, if there are more questions to rent standards being applied by the Senate, be answered, have another hearing, or ten to the League of United Latin not one of his colleagues could predictably submit the questions in writing and let American Citizens—LULAC—which has secure confirmation. He’s right. To be sure, Miguel Estrada have a chance to an- come out strongly for this qualified Republicans missed few opportunities to play swer these questions. Miguel Estrada man and that does not really under- politics with President Clinton’s nominees. has offered to go and visit with many stand why there is a different standard But the Estrada filibuster is a step beyond Democrats who have not found the being set for him than is being set for even those deplorable games. For Democrats time to be able to see him. Yet we other appellate court nominees. demand, as a condition of a vote, answers to can’t get a vote in the Senate on this I urge my colleagues to listen to the questions that no nominee should be forced Hispanic National Bar Association to address—and that nominees have not pre- distinguished nominee. viously been forced to address. If Mr. Estrada Let me read an article by Rick Mar- president, who represents 25,000 His- cannot get a vote, there will be no reason for tinez from the Raleigh News & Ob- panic American lawyers in the United Republicans to allow the next David S. server: States, endorsing Mr. Estrada, the Na- Tatel—a distinguished liberal member of the Once again, a minority is being denied a tional Association of Small Disadvan- court—to get one when a Democrat someday vote. Democrats in the U.S. Senate have taged Businesses, which came out in

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2649 strong support of Mr. Estrada, and a bi- a judge and tell whether or not that Bar Association in my small, rural partisan group of 14 former colleagues judge has done his homework on your community in Georgia for all of the 26 in the Office of the Solicitor General at issue. You have a sense of whether or years I practiced law. the U.S. Department of Justice who not he has the intellect to interpret The American Bar Association is a have come out foursquare for Miguel the issue and be very responsive to very well respected, very highly recog- Estrada. your argument. And if you ever find a nized peer group within our profession. There is no legitimate reason being judge who is not responsive, you can The American Bar Association was stated not to give Miguel Estrada a check his background, and you may asked to review Mr. Estrada, as they vote. To say that he didn’t answer find out that maybe he did not have review every other judicial nominee, questions, if legitimate—if they would the intellect to follow the course of and to make a recommendation to this ask him questions and let him answer your argument. body as to whether or not he is quali- them, but they haven’t. Saying he is So when I look at the background of fied to be confirmed by this body to the too young is ridiculous; saying he is Miguel Estrada and try to decide District of Columbia Circuit Court. not Hispanic when he came to our whether or not, were I to appear as a They came back and said: Not only is country from Honduras at the age of 17 lawyer before him, he would be the he qualified, not only does he possess speaking little English—and he wanted type of individual to whom I could the academic and intellectual and legal a part of the American dream. But he make an argument and have him inter- background to serve on the Circuit didn’t want it given to him; he wanted pret that argument, even though it is Court for the District of Columbia, but to earn it. on a very complex issue, I believe he he is well qualified. We are giving him He worked his way into Columbia would be. I have to tell you, his is one the highest recommendation that law- University and was a Phi Beta Kappa. of the most unusual profiles I have ever yers can give to a lawyer who seeks He worked his way into Harvard Law seen of any member of the bar, much confirmation to any court. School and graduated magna cum less any potential member of the As a member of the Judiciary Com- laude. He worked to get a partnership bench. mittee, I have already seen that we with a major law firm after being a Su- It is unusual not just because his is a have some judges who come through preme Court Justice clerk which is re- true American dream story. It is un- the committee who do not receive the served for only the best graduates of usual because this man, as a practicing highest recommendation from the law schools in our country. lawyer in public service and in the pri- American Bar Association, but never- This man deserves a vote. He de- vate sector, has distinguished himself theless get confirmed by this body. And serves the respect of the Constitution, above all other lawyers with whom he they should, because everybody is not and he is not getting it as we speak has ever been associated. going to get that highest qualification today. The Constitution says advise He is a man who has distinguished recommendation from the American and consent. The Constitution says a himself by coming to the United Bar Association. majority—not 60 votes out of 100 but a States, not speaking much, if any, But Mr. Estrada got the highest qual- simple majority. It is what has always English, and not only attending major ification from his peers—those men and been required for the President’s nomi- universities, but graduating from those women who practice law with him, who nees. That is the check and balance in universities with high honors: from Co- talked to other lawyers who practiced our system. lumbia University with an under- law with him, who know how he func- I hope the Senate will do the right graduate degree, and Harvard Law tions day in and day out in the practice thing. If there are legitimate ques- School with a law degree. of law, who know his temperament and tions, raise them. Let Mr. Estrada an- At Harvard Law School he was a his capabilities as well as his ability to swer them. But this man deserves a member of the editorial board of the serve in the capacity of an appellate vote, and the Constitution deserves re- Law Review. And those of us who went court judge. And for that body to come spect and adherence by this body. to law school know there are only a forward and say, we are going to give Thank you, Mr. President. I yield the few Law Review editorial board mem- him the highest recommendation pos- floor. bers. I can still remember in my law sible is just another one of the assets The PRESIDING OFFICER (Mr. school class those who were members he brings to this body from the stand- CRAPO). The Senator from Georgia. of the law review. Out of my class, of point of confirming his nomination. Mr. CHAMBLISS. Mr. President, I the 200 who started in law school, there I was not here when Mr. Estrada had ask for permission to speak on behalf were—I think about five of them—who his hearing before the Judiciary Com- of Miguel Estrada. were members of the Law Review. So it mittee. That took place in September The PRESIDING OFFICER. The Sen- is a very distinct intellectual group of of last year when the committee was ator is recognized. students who make the Law Review. controlled by the Democrats. At that Mr. CHAMBLISS. Mr. President, I And the editors of the Law Review are point in time, from what I read in the am still new to this body having been the elite of those very few who are des- record, Mr. Estrada appeared before the here less than 2 months at this point in ignated with law review status. Judiciary Committee for a full day’s my career in the Senate. After spend- The intellectual background of this hearing. Every member of the Judici- ing 8 years in the House of Representa- man is unquestioned. He does have the ary Committee had the opportunity to tives, I am still feeling my way capability of interpreting and deci- ask Mr. Estrada any question they through with respect to finding the phering any complex issue that might wanted to. And they did. microphone, and things like that. be presented to him as a member of the There has been some question about I am somewhat at a loss when it appellate court bench. whether or not he was totally forth- comes to the process through which we So when I think about, again, appear- coming in his answers, whether he gave are now going. It is totally unlike any ing before a man with his type of back- complete responses to the questions type of process that I experienced in ground, to argue a complex case, I that were asked of him. Well, in addi- the House of Representatives because think it would be wonderful to know tion to having the opportunity to ask we don’t confirm judges anywhere ex- you have somebody with the qualifica- Mr. Estrada questions at the time of cept in the Senate. I spent 26 years as tions and the capability of Miguel his hearing, whether Mr. LEAHY was a lawyer before being elected to the Estrada to really listen to your argu- chairman or now with Mr. HATCH as House of Representatives. In my 26 ment and make the kind of decision chairman, the members of the Judici- years as a lawyer, I tried hundreds of every lawyer wants to have made on ary Committee always have the oppor- cases, and on appeals dozens and dozens his or her particular case. tunity to submit written questions in of cases, and I had a number of oppor- One thing that confuses me about addition to those questions that are tunities to appear before both trial Miguel Estrada’s nomination is, I was asked at the hearing. judges and appellate judges, on a vari- told while I was in law school that I If a Judiciary Committee member is ety of different issues. should join the American Bar Associa- not satisfied with answers to questions At any one moment before an appel- tion as a student. And I did. I was a he or she asked, he or she simply has late court, you can pretty well look at very active member of the American the right to come back and say, I want

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2650 CONGRESSIONAL RECORD — SENATE February 25, 2003 you to go into further detail with re- Court, irrespective of whether he was this issue. I could understand it if Mr. spect to this particular issue, to tell on the appellate side, which is the los- Estrada has been a lifelong Republican, me whatever it is I want to have an- ing side going in, or whether he was on had the tattoo of an elephant on him swered. Only two members of the Judi- the appellee’s side, the winning side and was a known advocate or radical ciary Committee came forward and going in, he has prevailed at the end of that held forth extreme positions. I said: We have additional questions we the day. So for a guy to argue 15 times could understand the politics involved want to ask. Those two were both before the U.S. Supreme Court and to in seeking to block this man by the Democrats. They had the right to do it. win 10 of them is a very distinguishable folks on the other side of the aisle. They did it. And I respect them for record. But that is not the case. Here we coming back with additional questions The fact that he even argued cases have a man who came to the United when they felt they did not get totally before the Supreme Court very hon- States speaking little or no English, a complete answers. The fact of the mat- estly puts him in a category of lawyers man who went to two of the finest ter is, though, those questions were an- that is the most highly respected group schools in America not known for their swered immediately by Mr. Estrada. of lawyers that exists in the United conservative-leaning students or fac- So for somebody to come forward States today. There are just not many ulty, and Har- now on the other side of the aisle and folks who have the opportunity to vard. I don’t know where they lean, but say, we do not think he fully answered argue a case before the Supreme Court. they are certainly not conservative- our questions, where were they? Where Here we have a man who has argued 15 leaning universities. were they at the time of the hearing? cases before them. That is his background. He comes Why didn’t they come forward after the Another argument I have heard time from an administration that was not a hearing if they were not satisfied at and time again is that we should be conservative-leaning administration, the hearing and submit additional able to see the memos that he sub- the Clinton administration. He worked written questions? mitted to his boss while he was assist- for 4 years in that administration. He To come to this body now and to say ant to the Solicitor General. Some be- worked for the Solicitor General in the Mr. Estrada was not totally forth- lieve we should be able to see what was first Bush administration for a year coming at the time of the hearing just in his mind from a legal perspective, and then the Clinton administration shows this particular nomination has and use those memos to try to deter- for 4 years. There is nothing to indi- dipped itself into the depths of polit- mine whether or not he has the judicial cate that this man would have an off- ical partisanship. And it is not right. qualifications and temperament to the-wall conservative-leaning philos- I am biased. I am a lawyer. I think I serve as a member of the DC Circuit ophy. am a member of the greatest profession Court of Appeals. I do not understand the politics of that exists in the United States of Let me tell you what that is like. As somebody coming up and saying: Well, America. I think we have a great judi- a practicing lawyer, if I have somebody we think he may be too conservative or cial system because even though a lot come into my office and I interview he may be radical. of people throw rocks at our system— them and take notes and I then take Those kinds of statements were made and I myself even have criticized it their case and go into my law library within the Judiciary Committee, and from time to time—we have the best and do extensive research on the issue there is simply no basis for them. The fact is, every Solicitor General system in the world. We have the best for my client to make sure that I am who lives today who has worked for system in the world because it works. well prepared from a legal precedent any administration, whether it is Re- And people of all walks and back- standpoint and I then write a memo- publican or Democratic, has come for- grounds have the opportunity to have randum, which I have put in my file to ward and signed a letter saying, No. 1, their cases heard by a judge, whether it make sure that at the appropriate the privileged memoranda sought to be is Mr. Estrada or a magistrate court time—when the case either comes to a produced from the Justice Department judge in Colquitt County, GA. People hearing or I have an argument with op- should not be produced because they have the right to have their cases posing counsel—that memorandum is will compromise future administra- heard. personal and privileged to me and my tions. They never should be produced. And now, for somebody to come for- client. And No. 2, they recommend Mr. ward and say, I asked this guy a ques- What the Democrats have asked for Estrada for confirmation by this body. tion, and he did not really answer my is, to view the collateral memos that When somebody in that position question, therefore, I am going to vote were prepared by Mr. Estrada for his makes a statement, it takes it totally against him, I think just throws an- boss, the Solicitor General, while he out of the realm of politics and puts it other rock at our judicial system that was working in the Clinton administra- in the realm of professionalism, which should not be thrown. tion and while he was working in the is where it ought to be. We ought to Referring, again, to Mr. Estrada’s Bush 41 administration. That is wrong. have good, quality, competent men and qualifications being called into ques- They should not ask for it in the first women going to the bench. tion, this is an issue that has been bat- place, but the Justice Department is As a Member of the House of Rep- ted back and forth between political absolutely right in refusing to produce resentatives during the Clinton admin- parties. I have listened to an extensive them. They should not produce those istration, I had a good friend who was amount of the debate over the past 2 or memos because those memos are per- nominated to the District Court for the 3 weeks, both as Presiding Officer as sonal. They are private. They are privi- Northern District of Georgia. She is a well as on and off the floor. I have lis- leged. good lawyer. She was a really out- tened to my colleagues on the other Every lawyer in the country ought to standing U.S. attorney. She is not a side of the aisle raise issues relative to be outraged that the Justice Depart- Republican, but I thought she ought to Mr. Estrada. In talking about quali- ment is even being asked for those be put on the district court. She was, fications of anybody to go to the memoranda to be presented to this in fact, appointed, and she was con- bench, particularly the circuit court body for review when they were pre- firmed by this body because she was a versus the district court, you can look pared in a private setting, in a setting good lawyer. She was the type of per- at an individual lawyer and say, this in which there was a lawyer-client re- son who ought to be on the bench. man or this woman has appeared before lationship in existence. Those types of The same thing holds true for Mr. the highest court in the land, the Su- memos have never been allowed to be Estrada. All you have to do is look at preme Court, not once, not twice, not 3 offered into court for proof of any his record. It is pretty easy to tell that times, but 15 times to argue cases, and issue, and they should not be required he is a good lawyer. When you talk to he has distinguished himself very well to be presented here in this body. other lawyers about him, I promise in those 15 arguments. As we all know, Speaking of politics being involved you, in the legal profession, you know sometimes you are on the winning side here, again, as a new Member of this very quickly whether or not somebody and sometimes you are on the losing body and a new member of the Judici- is well respected and well thought of. side, but 10 out of the 15 times that Mr. ary Committee, I am having a little Mr. Estrada has the respect of his Estrada has been to the U.S. Supreme trouble understanding the politics of colleagues. We have searched high and

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2651 low. If anybody has anything negative has legal experience. That is what is ganization, Mr. Rick Dovalina, wrote a to say about Mr. Estrada, it has come important. He has legal experience in letter, and this is what he said about forward. Only one coworker who he being able to work on complex cases, Mr. Estrada: worked with over the years has had and most of the time, cases that come On behalf of the League of United Latin anything negative to say about Mr. before the circuit court are complex American Citizens, the nation’s oldest and Estrada. cases. Mr. Estrada has the ability to largest Hispanic civil rights organization, I Do you know what is unusual about deal with those complex cases because write to express our strong support for the confirmation of Mr. Miguel A. Estrada. . . . that? That same individual, who was he has handled them for years and Few Hispanic attorneys have as strong edu- his supervisor in the Office of Solicitor years as a practicing attorney in the cational credentials as Mr. Estrada who General during the Clinton years, gave public and private sectors. He has the graduated magna cum laude and Phi Beta him a rating on two different years. type of background that lends itself to Kappa from Columbia and magna cum laude That review rating that was given to being able to deal with those complex from Harvard Law School, where he was edi- Mr. Estrada was ‘‘outstanding’’ by this cases and make a rational, reasonable tor of the Harvard Law Review. He also particular individual who is now the served as a law clerk to the Honorable An- interpretation of the Constitution, thony M. Kennedy in the U.S. Supreme only member of the Solicitor General’s which every judge is expected to do and Court, making him one of a handful of His- Office, or any other place where Mr. which is exactly what Mr. Estrada said panic attorneys to have had this oppor- Estrada was employed, who has had he would do at his hearing in Sep- tunity. He is truly one of the rising stars in anything whatsoever, to say in a nega- tember before the Judiciary Com- the Hispanic community and a role model for tive capacity regarding Mr. Estrada. mittee. our youth. So whether it is people he worked I close by saying there have been 57 The Hispanic National Bar Associa- for, whether you look at his qualifica- newspaper editorials I have seen rel- tion president, Rafael A. Santiago, tions from an educational standpoint, ative to the nomination of Mr. Estrada stated as follows: vis-a-vis an intellectual standpoint, and the treatment of his nomination The Hispanic National Bar Association, na- whether it is the Hispanic community on the floor of the Senate. Of the 57 tional voice of over 25,000 Hispanic lawyers that you look to for a recommendation editorials that have appeared in news- in the United States, issues its endorsement. on Mr. Estrada—everywhere you look, . . . Mr. Estrada’s confirmation will break papers all across America, 50 have been new ground for Hispanics in the judiciary. he gets nothing but the highest marks, favorable toward Mr. Estrada. One of The time has come to move on Mr. Estrada’s the absolute highest marks. those editorials appeared in a news- nomination. I urge the Senate Committee on One other area in which I think Mr. paper in my home State, in Atlanta, the Judiciary to schedule a hearing on Mr. Estrada has really excelled is with re- GA. The Atlanta Journal-Constitution Estrada’s nomination and the U.S. Senate to spect to what we in the legal commu- wrote an editorial—about 3 weeks ago bring this highly qualified nominee to a nity refer to as pro bono work. Pro now—that was complimentary to Mr. vote, said Rafael A. Santiago, of Hartford, bono work is done different ways in dif- Connecticut, National President of the His- Estrada and critical of the Senate for panic National Bar Association. ferent parts of the world. In my part of not moving on his nomination. So this man has the qualifications. Georgia, a practicing lawyer does pro Let me tell you, when it comes to He has the educational background. He bono work when he or she takes ap- politics, the Atlanta Journal-Constitu- has the legal background. He has the pointed criminal cases usually. Occa- tion is not on one side most of the intellect. He has the support of Demo- sionally, you will represent an indi- time; they are on one side all of the crats. He has the support of Repub- vidual in a civil matter and you don’t time. I have never received, in my po- licans. He has the support of liberals. get paid for it. That is what we talk litical career, the endorsement of the He has the support of conservatives. He about as a pro bono type case. Mr. Atlanta Journal-Constitution, except has the support of the Hispanic com- Estrada has been very active in the for the one time when I did not have an munity. The only support he is lacking world of pro bono service. In fact, he opponent and I guess they had to en- to bring this nomination to a vote on handled one case that was a death row dorse me. To say that they are in any the floor of the Senate is the support inmate case, which is not the normal way leaning toward the conservative from our colleagues on the other side type of case that a lawyer of Mr. side on any issue would be outlandish. of the aisle. Estrada’s background would handle. But even the Atlanta Journal-Con- Not allowing this nomination to But he took the case and, obviously, he stitution came out and said this is come to the floor for a vote is not fair, did the work necessary to fully, to- wrong. it is not judicially just. It is not just in tally, and very professionally represent This man is a good and decent man. any way from an ethical, moral, or ju- his client, because he spent almost 400 He has the intellect and background to dicial standpoint. hours in research and preparation for serve on the Circuit Court for the Dis- Mr. Estrada’s nomination has been representing this individual—a death trict of Columbia Court of Appeals, and debated back and forth now for, gosh, row inmate’s case. he should be confirmed. That line has going on 3 weeks. I guess 3 weeks start- For a man to spend 400 hours—I don’t been repeated by newspapers in Amer- ing tomorrow—a total of 4 weeks. We know what his billable rate is, but even ica day in and day out for the last sev- were here 2 weeks, we were out 1 week, at my billable rate in rural Georgia, eral months. and now we are back. So I guess it is a that would have been an awful lot of The Augusta newspaper, also in my total of 4 weeks. We have a lot of busi- money that Mr. Estrada sacrificed for State, wrote a glowing editorial also ness that needs to be brought before the sake of making sure this death row recommending that this body confirm this body. We have a jobs growth pack- inmate had more than adequate rep- the nomination of Miguel Estrada to age that needs to be debated and passed resentation. In fact, with Mr. Estrada, the U.S. Court of Appeals for the Dis- that the President has put forth. We the death row inmate was represented trict of Columbia. have the impending conflict with Iraq by an outstanding lawyer who had the I think, without question, that the and the continuing war on terrorism capability—and I am absolutely certain right arguments have been made in that needs to be dealt with on the floor he did—to do everything necessary to support of Mr. Estrada. Just in winding of this body. We need to move to other fully and totally represent his client. down—I see my friend from Nevada business. Now, one final criticism of Mr. here, and I don’t know whether he We need the folks on the other side of Estrada is that he has no judicial expe- wants time or not—I want to say that, the aisle to come forward and say: OK, rience. Well, I don’t buy this argument. from the standpoint of support from we will give you a vote. We do not In fact, I think, if anything, it may be the Hispanic community, there has think he is qualified, but we are willing to his advantage. Having judicial expe- been overwhelming support from every to give Mr. Estrada a vote. That is the rience sometimes, I think, could be aspect of the Hispanic community. right thing to do, that is the just thing even a negative factor, although in a When you look at the League of United to do, and that is the judicial thing to case where you had somebody as quali- Latin American Citizens—that is what do. If they want to vote against him, fied as Mr. Estrada, it would not make we call LULAC—which is the Nation’s vote against him, but if we want to any difference one way or the other. oldest and largest Hispanic civil rights vote for him, we ought to have the op- But you have an individual here who organization, the president of that or- portunity to vote for him. We ought

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2652 CONGRESSIONAL RECORD — SENATE February 25, 2003 not require 60 votes. We ought to re- women’s issue and it is a children’s ling, overwhelming, rational case he quire 51 votes, as I think our Constitu- issue. Since a great number of those makes about what is happening across tion requires, and we ought to bring who receive minimum wage are men this country. I know it is true, when the name of Miguel Estrada to the and women of color, it is a civil rights the Senator from Nevada speaks about floor of the Senate and have a vote. issue. It is a women’s issue, a chil- those who are unemployed, those who I thank the Chair. dren’s issue, a civil rights issue, and, are underemployed, he is speaking for The PRESIDING OFFICER. The Sen- most of all, it is a fairness issue be- the people of Massachusetts. That ator from Massachusetts. cause most Americans think that if statement the Senator just made is of Mr. REID. Mr. President, will the someone works 40 hours a week, 52 central concern to the families in my Senator from Massachusetts yield for a weeks of the year, they should not live State who are seeing now the highest question? in poverty. unemployment in some 10 years, and Mr. KENNEDY. Yes, I will be glad to The great majority of Americans feel the prospects are difficult, as people yield. that way. We want to put that before look down the road. Mr. REID. Mr. President, the distin- the Senate and Republicans refuse to It was not always this way. We have guished Senator from Georgia just let us have a vote on that issue. We seen it was not. I ask my colleague and stated that there is a lot of business have been battling that issue not just friend, so many on the other side throw this Senate has to do and that we for 10 days, not just for 2 weeks, but we up their hands and say: It is the eco- should get off the Estrada nomination have been battling that issue for the nomic cycles. Is it not true that the and get on to these other matters. The last 5 years. longest periods of economic growth and Senator from Massachusetts, I am I agree with the Senator when he price stability have been under Demo- sure, agrees with my friend from Geor- says we have been trying to get mat- cratic Presidents? We had it over the gia that we have a lot of business to do. ters before the Senate. We could bring last 8 years under President Clinton. I know from having worked with the up minimum wage. I am quite prepared That was not an accident. The time be- Senator from Massachusetts over the as the principal sponsor—it is not a fore that was in the early 1960s under President Kennedy. The longest periods years—and I ask the Senator if he will complicated issue. We have debated of economic growth, price stability, acknowledge this—there is business we that issue time in and time out, year in and full employment were under Demo- need to do that we have been prevented and year out. It is not a complicated crats. That is the record. That is the from doing. For example, something we issue. We ought to be able to have de- have not heard a word about is the history. bate and an up-or-down vote on that We want to get back to a sound eco- minimum wage. People in Nevada are issue. nomic policy. A sound economic policy desperate. We have a service industry. I think of all these statements of let means creating jobs and having price Sixty percent of the people in Nevada the majority have a ruling on this stability, and the Senator understands who receive the minimum wage are nomination. Does the Senator remem- this very clearly. Our minority leader, women; for 40 percent of those women, ber as I do when we voted on a pre- Senator DASCHLE does, and that is that is the only money they get for the scription drug program and a majority what we hope to resume with an effec- families. That would be a good issue to in the Senate was for the proposal of tive economic program that can make take up—minimum wage—doesn’t the Senator GRAHAM of Florida and Sen- a difference to families across this Senator from Massachusetts agree? ator MILLER, of which I was proud to be country. Mr. KENNEDY. The Senator is en- a cosponsor? That would have provided The Senator from Nevada being a tirely correct. I was listening to my a comprehensive prescription drug pro- leader in this body, I am interested in new friend from Georgia talking about gram for all who needed it in the whether the Senator agrees with me the business that needs to be done. As United States. We had 52 Members, a that the people in his State, as well as the Senator remembers very well, our clear majority, for a prescription drug mine—I know I speak for all of New leader, Senator DASCHLE, tried to bring program, the third leg of the Medicare England on this. People are concerned, before the Senate an economic stim- stool on which our seniors rely: hos- deeply concerned, about their eco- ulus program that would have provided pitalization, physician care, prescrip- nomic future and they are concerned, assistance to working middle-income tion drugs. We had the 52 votes, and do obviously, about their security, the families. It would have provided assist- you think we were permitted to have a dangers which all of us are familiar ance to small business. It would have vote in the Senate? No, our Repub- with in terms of terrorist activities. In provided funding for education and the licans objected to that. How short is my State, they are concerned about programs for which the Governors, Re- their memory. their sons and daughters, especially if publicans and Democrats alike, indi- Mr. REID. Will the Senator yield for they are in the Reserve or the National cated support. It would have provided another question? Guard. We now have the highest calling additional assistance to the States to Mr. KENNEDY. I will be glad to up of the Reserves and the Guard since meet their Medicaid challenges. I hope yield. World War II. Communities are par- to get to that in a moment. And it Mr. REID. The Senator is aware that ticularly concerned because more often would have permitted funding in trans- this extended debate deals with the job than not, people who are being called portation. This would have made an of one person, a man by the name of up are those who have also been important difference in trying to re- Miguel Estrada. It is not as if he is not trained as auxiliary firefighters, police store our economy. working. Does the Senator agree he is officers, or first responders in the med- The Senator, as part of the leader- partner in one of the most prestigious ical professions. ship, is familiar with the fact that Sen- law firms in America and pulling down What I hear the Senator from Nevada ator DASCHLE was prepared to bring hundreds of thousands of dollars a saying is we should try to respond to that up and start that debate, but year? I say to my friend from Massa- these kinds of anxieties. The leaders there was objection from the other chusetts, should not the Senate be have provided a program which has gal- side. more concerned about the millions of vanized many of our Members—all of The Senator brings up the issue of people who are underemployed, the the Members on our side—and his point minimum wage, and he knows how millions of people who are unemployed, is that as leaders in our party we strongly I feel about an increase in the the people who are lacking health should be focused on that program. minimum wage which Republicans care—44 million people with no health I was listening to my friend from have denied us the opportunity to care—and many people who are under- Georgia talking about the attitude of have. As the Senator has pointed out, insured? Should not the Senate be deal- some Hispanic leaders. I have a letter more than 60 percent of those who are ing with those people rather than one from 15 past presidents of the Hispanic minimum wage recipients are women. person who is employed making hun- National Bar: We, the undersigned past So this is a women’s issue. Of the dreds of thousands of dollars a year? presidents, write in strong opposition women who receive the minimum Mr. KENNEDY. Mr. President, I say to the nomination of Miguel Estrada wage, a majority of them have chil- to the Senator from Nevada, I think he for a judge on the Circuit Court of Ap- dren, so it is a children’s issue. It is a makes the case. It is such a compel- peals for the District of Columbia. I

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2653 will later come back to the statement situation that was and still is far too to our legislation? Would he protect they made. common in the American workplace. the rights of women and minorities? Despite the pressure from our Senate Paulette Barnes had been hired by the Would he take the time to consider Republicans and the White House to Environmental Protection Agency, but how his rulings will affect them? We do abandon our principles and our obliga- she quickly discovered she would not not know, because the White House tions, the Senate Democrats intend to be able to do her work effectively. Her does not want us to know. abide by our constitutional duty to male supervisor repeatedly asked her In a second case in 1981, Bundy v. provide advice and consent in the judi- to join him after work for social activi- Jackson, the DC Circuit considered the cial confirmation process. The White ties. She politely declined. He then plight of another woman who had suf- House, however, continues to refuse to made repeated sexual remarks and fered severe harassment at work. San- give us the information necessary for propositions to her. She refused. But dra Bundy proved at trial that while our consideration of the nomination of her supervisor would not be deterred. she was employed by the District of Co- Miguel Estrada. The White House is He kept harassing her and even tried to lumbia, she was repeatedly propo- asking the Senate to rubberstamp its convince her his behavior was common. sitioned by some of her supervisors and judicial nominees when those nominees Ms. Barnes could not escape these over- they made crude and offensive remarks will have enormous power over the tures and the unfair pressure she faced, to her. She complained to another su- lives of the people we serve. If we con- because her job required her to work pervisor, but he replied it was natural firm nominees to a lifetime appoint- with her boss. for the other men in the office to har- ment to the Federal bench without After she repeatedly refused to have ass. He then began the same type of looking into their record, we would an affair, he started to retaliate abuse and propositioned her several open the door for the White House to against her. He belittled her work. He times. A coworker obtained her home roll back civil rights, workers’ rights, took away many of her responsibilities. phone number, which she had unlisted, and important environmental protec- He harassed her continuously. Finally, and started calling to proposition her. tions, along with many other Federal he had her fired because she refused to The facts in this case were so extreme rights we have worked so hard to de- go along with his demands. and Ms. Bundy’s situation was so op- velop. Ms. Barnes sued her employer under pressive that the district judge in the The danger involving the DC Circuit title VII of the . case actually made a formal finding is even greater, because that court has Congress passed this important legisla- that making of improper sexual ad- exclusive jurisdiction over so many tion in order to end workplace dis- vances to female employees was stand- issues that affect all Americans. Since crimination and open the doors to ard operating procedure, a fact of life, the Supreme Court hears relatively few equal employment for all Americans, a normal condition of employment in cases in these areas, the DC Circuit is but the EPA did not see it this way. Its her job. Miss Bundy began to complain often the court of last resort for indi- lawyers argued when Congress enacted more forcefully and her performance viduals to obtain the justice they de- title VII, we did not intend sexual har- ratings began to suffer. She was denied serve. If Mr. Estrada is confirmed, he assment to be included in the ban on a promotion and continued to endure will be called upon to decide many of sexual discrimination. anguish on the job. these cases. Often, individuals have What Ms. Barnes faced was not dis- When she took her case to court, the been victimized unfairly and in a man- crimination, they said. She was not company admitted the harassment and ner not envisioned by the Constitution. fired because she was a woman but be- argued it was legal. Can you believe They have come to the Federal courts cause she refused to engage in sexual that? The company admitted the har- for protection and relief. In doing so, activities with her supervisor. Fortu- assment and argued it was legal. The they have changed America. They have nately, the judges of the DC Circuit un- company contended because Miss made this country a stronger, better, derstood the importance of the case. Bundy had not been fired or demoted, and fairer land. They helped America They took time to look into the record. she could not claim a violation of title fulfill its promise of equal opportunity, They found our intent in passing title VII. The DC Circuit rejected this argu- equal rights, and equal justice under VII was to give women and minorities ment, as it obviously should have. The the law. They have given real meaning equal rights in the workplace so every- court held that the terms and condi- in people’s lives to the great principles one would have a truly equal oppor- tions of employment include the psy- of the Constitution and the many laws tunity to succeed. chological work environment. The Congress has enacted over the years to The judges agreed that so long as court agreed that an employer can op- protect these basic rights. harassment of this kind was allowed to press an employee with such offensive When we consider the nomination of continue, women could not have equal and damaging remarks that the oppres- Mr. Estrada, we need to understand the rights in the workplace. They ruled sion rises to the level of discrimina- crucial importance of these cases and that allowing female workers to suffer tion, even if the employer does not de- how the rights of so many others can harassment to keep their jobs is a type mote or fire the employee. be decided by a single case. These cases of discrimination that has long rel- As in Barnes, the court in Bundy would not necessarily have turned out egated women to lower-level jobs and showed thoughtful and careful consid- the way they did if we did not have made it more difficult for them to have eration of what Congress intended to Federal judges who are acutely aware equal rights in the workplace. do for the American workplace when it of the rights and the needs of the most The DC Circuit held that harassment passed title VII. vulnerable Americans, and how their of the type suffered by Ms. Barnes was The court also considered the precar- rulings affect so many people’s lives. illegal sex discrimination. If not for ious situation in which Miss Bundy Would Mr. Estrada be such a judge? the judges of the DC Circuit, her case found herself and in which too many Would he have this strong sense of jus- could have turned out very differently. women often find themselves today. tice of the needs of people he would Thus, the importance of the DC Cir- The court held unless Miss Bundy’s serve? We do not know because we have cuit. rights were protected, many other been prevented from learning about In 2003, the outcome of Ms. Barnes’ workplaces could oppress and harass this nominee, and the White House is case would almost certainly be a fore- women in similar ways without any trying to keep it that way. gone conclusion. We know today the fear of legal repercussions. The DC Cir- Our response is clear. We will not kind of behavior she faced is unaccept- cuit held that title VII protects all confirm Mr. Estrada unless we know able, but in Ms. Barnes’ case the trial Americans from harassment at work, what kind of jurist he would be. Our judge dismissed her suit because he whether or not harassment includes a constitutional responsibility requires thought such harassment was not pro- formal change in job description. no less. hibited by title VII. That behavior was We cannot dismiss these examples Let me describe a few of the land- not unacceptable until the DC Circuit merely as evidence that America has mark cases the judges of the DC Cir- said it was unacceptable. changed since the 1970s and early 1980s. cuit have decided. In Barnes v. Costle Would Mr. Estrada be the type of It was the courts such as the DC Cir- in 1977, the DC Circuit was faced with a judge to give the meaning we intended cuit and opinions such as Barnes and

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2654 CONGRESSIONAL RECORD — SENATE February 25, 2003 Bundy that made America change. The cided in 1976, the DC Circuit considered prevailing in the Halls of Congress are conclusion of these cases was not fore- the disparate pay that Northwest Air- not lost or misdirected in the vast hall- gone. In both cases, the district judge lines offered its male and female em- ways of the Federal bureaucracy. There had dismissed the claim, saying that ployees. Even before that case, it was is no better description of the unique what the women had alleged was not a clear that under the Equal Pay Act demands on the DC Circuit. It has sole violation of title VII. It took the companies could not pay men and jurisdiction over many basic issues af- judges on the DC Circuit, with genuine women different salaries for doing the fecting the people of our country. The respect for the rule of law, to give ef- same job. The airline thought it could Senate needs to know that the judges fect to what Congress intended when it avoid this requirement for its in-flight of that court understand the enormous passed title VII. The DC Circuit did cabin attendants by creating two sepa- challenge of ensuring that the impor- more than uphold the law. It gave prac- rate job categories for men and women. tant policies we seek to achieve are ac- tical effect to the right of women to be The two categories had essentially the tually implemented under the laws we free from sexual harassment in the same duties but different names and pass. workplace. very different pay and promotion op- In each of these examples, the DC We can now look back at the employ- portunities. Circuit has dealt with situations where ers’ arguments and in those cases say Both men and women would seat pas- real people face real problems in ob- that they are preposterous. The sad sengers and ensure their safety during taining the justice they deserve. The truth, however, is that those argu- the flight and both would deal with any court responded, as the Constitution ments did not become preposterous medical problems that arose during the says that it should, free from the pres- until the DC Circuit said they were. flight. They would both serve food and sures of politics. The DC Circuit re- A third case to demonstrate the im- clean up the cabin. But the airline spected the rule of law and applied it portance of this court is in Farm- would only hire women to be fairly. worker Justice Fund v. Brock. In 1987, stewardesses, a classification that Would Mr. Estrada continue this tra- the DC Circuit reviewed evidence de- meant being confined to domestic dition? Or would he look for opportuni- veloped over the course of many years flights, while male persons were as- ties to limit or even roll back basic that farm workers were being deprived signed to international flights. Even on rights? We do not know because the of basic sanitation. The Department of domestic flights, stewardesses had to White House insists on keeping the Labor mandated the availability of work in the more crowded sections of Senate and the country in the dark drinking water, hand-washing facili- the plane while men worked in first about this nomination. The funda- ties, and bathroom facilities in many class. In fact, if there was any real dif- mental rights of the American people other workplaces, but the Department ference between the two jobs, it was are too important to be entrusted to a said protections were not necessary for that the women had the more difficult person about whom we know so little. farm workers. The result was that assignment. Yet the men received up to Until we learn what kind of jurist Mr. many farm workers worked long hours 55 percent more for doing essentially Estrada can be, the Senate should not in the heat and Sun without adequate the same job. confirm him. The DC Circuit refused to allow the drinking water. They worked under un- MEDICARE AND MEDICAID acceptable hygiene conditions, without airline to design the jobs in a way that Mr. President, a front page article in bathroom facilities, and with no place relegated women to low-paying posi- yesterday’s New York Times should be tions with little chance of promotion. to wash their hands. Infectious diseases essential reading for every Member of The court understood that when we often spread quickly among farm work- the Senate and for every American. It passed the Equal Pay Act, Congress ers. describes the Bush administration’s was not concerned with arbitrary tech- Congress addressed this problem stealth attack on Medicare and Med- nicalities. We were concerned with pro- years before. The Occupational Safety icaid—an attack driven by an extreme tecting the lives and livelihood of real and Health Act mandated that the De- right-wing agenda and by powerful spe- partment issue rules on workplace con- people. The DC Circuit gave effect to this in- cial interests. ditions for farm workers but the De- The administration is proposing un- tent. It held that where two individuals partment disagreed. It thought that acceptable changes in the obligations have jobs that are essentially identical improving the working conditions of of government to its citizens. Under because they have the same duties and the Bush plan, the Nation’s long-stand- these laborers was a low priority, and responsibilities, an employer cannot for years the Department refused to discriminate against one of them by ing commitment to guarantee afford- say when it would even consider a rule paying them less. able health care to senior citizens, the to protect these workers. The Depart- A fifth example of this indispensable poor, and the disabled would be broken. ment also argued that although there role of the court is the Calvert Cliffs Medicare is a promise to the Nation’s was clear evidence of unacceptable risk Coordinating Committee in which the senior citizens, but for the administra- to the health of farm workers, it would DC Circuit in 1971 considered the Na- tion, it is just another profit center for not promulgate a rule to end these con- tional Environmental Protection Act HMOs and other private insurance ditions because the States were better which requires Federal agencies to bal- plans. Medicaid is a health care safety able to do so. The DC Circuit correctly ance their activities with their impact net for poor children and their parents, rejected that argument and brought on the environment. In passing the act, the disabled, and low income elderly, safe and sanitary working conditions Congress asks large agencies for the but the administration would shred for farm workers across the country. first time to consider ways to protect that safety net to pay for tax cuts for The court held that the intent of Con- the environment. the rich and to push its right-wing gress in passing OSHA was to limit the In a challenge to this requirement, agenda. Department’s discretion. The court or- the Atomic Energy Commission was The promise of Medicare could not be dered the Department to pass these sued to stop activities that were ad- clearer. It says, play by the rules, con- regulations within a specific time- versely affecting the environment. The tribute to the system during your frame. The court said that workplace Commission said that it had taken en- working years, and you will be guaran- safety was precisely a matter for the vironmental concerns into account and teed affordable health care during your U.S. Department of Labor to address to thought that these concerns were out- retirement years. For almost half a ensure safe conditions across the coun- weighed by the need for nuclear test- century, Medicare has delivered on try. In deciding this case, the DC Cir- ing. The DC Circuit held that under the that promise. All of us want to improve cuit gave farm workers the protections act, the Commission, as all other Fed- Medicare, but the administration’s they needed and ensured that a genera- eral agencies, must take environ- version of improving Medicare is to tion of workers would grow up mental concerns seriously, must jus- force senior citizens to give up their healthier and safer. tify the burden that its activities doctors and join HMOs. That is unac- A fourth excellent example of the im- would place on the environment. ceptable to senior citizens and it portance of the DC Circuit is Laffey v. Our duty, the court said, is to see should be unacceptable to the Con- Northwest Airlines. In that case, de- that important legislative purposes gress. There is nothing wrong with

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2655 Medicare that the administration’s pol- than twice as fast 12.7 percent. Across not making enough profit. Last year, icy can fix. the country, families are seeing their HMOs dropped half a million seniors. In The administration has a variety of health premiums soar and their health 2001, they dropped 900,000 seniors. Yet rationalizations for its assault on coverage cut back. If the administra- that is the system the administration Medicare—and each of these rational- tion really thinks this is the right pre- wants to force on senior citizens. izations is wrong. Republicans have scription for Medicare, they should This chart shows the number of sen- never liked Medicare. They opposed it talk to working families in any com- ior citizens that have effectively been from the beginning and have never munity in America. dumped from Medicare HMO coverage. stopped trying to undermine it. The This chart indicates that private in- We find that in 2001, 934,000 seniors Newt Gingrich Congress tried to de- surance will not reduce Medicare costs were dropped; in 2002, 536,000 dumped; stroy it a decade ago, but the American or improve its financial stability. It il- in 2003, 215,000; in the year 2000, 327,000; people rejected that strategy, and lustrates the increases in Medicare and 407,000 in 1999. HMOs have been President Clinton vetoed it. Now that costs versus private insurance pre- dropping seniors who wanted volun- Republicans control both Houses of miums: 5.2 percent under Medicare; 12.7 tarily to be in the HMO system. Congress and the Presidency, they are percent under private insurance. Under the Bush plan, states will have at it again. Their plan would say that The administration claims that dras- an incentive to cut back coverage for no senior can get the Medicare pre- tic changes are needed because Medi- those in need and spend the money scription drug coverage they need care will become unaffordable as the that should go for health care on other without joining an HMO. ratio of active workers supporting the projects. It is no accident that the administra- program to the number of retirees de- The Child Health Insurance Program, tion’s scheme hinges on forcing senior clines. But analyses from the Urban In- CHIP, which now gives more than five citizens into HMOs or other private in- stitute, using the projections of the million children the chance for a surance plans. Whether the issue is Medicare Trustees, show that Medicare healthy start in life will be abolished. Medicare or the Patients’ Bill of will actually be less burdensome for Millions of senior citizens will no Rights, the administration stands with the next generation of workers to sup- longer be able to count on federal nurs- powerful special interests that seek port than it is for the current genera- ing home quality standards to protect higher profits and against patients who tion. Economic growth and produc- them if they are unable to remain in need medical care. If all senior citizens tivity gains will raise incomes of work- their own homes. are forced to join an HMO, the reve- ers by enough to more than offset both Spouses of senior citizens who need nues of that industry would increase the change in the ratio of workers and nursing home care will no longer be more than $2.5 trillion over the next the yearly increase in medical costs. In guaranteed even a minimum amount of decade. Those are high stakes. There fact, the real product per worker—after income and savings on which to live. will be a big reward for HMOs and the Medicare is paid for—will increase We know that state budgets are in insurance industry if the administra- from $66,000 to $101,000. The issue is pri- trouble because of the faltering econ- tion succeeds. But there is an even orities. For this administration, the omy. The demands on Medicaid are greater loss for senior citizens who priority is making the powerful and greater than ever, as more families lose have worked all their lives to earn wealthy still more powerful and their job and their health care. Instead their Medicare, and that loss should be wealthy—not assuring affordable of the money that states need to main- unacceptable to all of us. Senior citi- health care for senior citizens. tain the Medicaid safety net, the Bush zens should not be forced to give up the This administration also claims that administration gives states a license to doctors they trust to get the prescrip- the changes it is proposing are in- shred it. Every day, this administra- tion drugs they need. tended to help senior citizens by giving tion makes it clearer that tax cuts to The Bush administration cloaks this them more choices. The real choice make the rich richer is a higher pri- plan in the language of reasonableness. that senior citizens want is the choice ority than health care for senior citi- They say that they just want to reduce of the doctor and hospital that will zens, and low income children, and the Medicare’s cost, so that it will be af- give them the care they need—not the disabled. It’s time for Congress and ad- fordable when the baby boom genera- choice of an HMO that denies such ministration to stand up for the prior- tion retires. But HMOs are a false pre- care. ities of the American people—not the scription for saving money under Medi- This chart, ‘‘Senior citizens choose priorities of the wealthy and powerful. care. Medicare, not private insurance, shows Medicare and Medicaid are two of the Administrative costs under Medicare the proportion of senior citizens choos- most successful social programs ever are just 2 percent. Ninety-eight cents ing Medicare versus Medicare HMOs’’: enacted. It makes no sense for the ad- of every Medicare dollar is spent on In 1999, 83 percent chose Medicare; 17 ministration to try to impose its harsh medical care for senior citizens. By percent, HMOs; and in 2003, 89 percent, right wing agenda on programs that contrast, profit and administrative Medicare, while 11 percent, HMOs. have done so much to bring good costs for Medicare HMOs average Seniors have a choice today and they health care and genuine health secu- eighteen percent, leaving far less for choose Medicare. Even so, this admin- rity to vast numbers of senior citizens, the medical care the plan is supposed istration’s proposal will say to seniors: low-income families and the disabled. to provide. if you want to receive the prescription The American people will reject this This chart is a pretty graphic reflec- drug program, you will have to get it misguided program and so should the tion of this point. ‘‘Private insurance, under an HMO. Congress. a recipe for reduced benefits or higher Senior citizens who want it already The administration is not in favor of premiums.’’ have a choice of HMOs and private in- real choices for the elderly. They don’t These are the administrative costs surance plans that offer alternatives to favor letting senior citizens choose and profits: under Medicare, 2 percent; Medicare. But by and large, senior citi- their own doctor. They don’t favor a under private insurance, 18 percent. zens have rejected that choice. In 1999, fair and unbiased choice between and I ask the administration, how is 17 percent of senior citizens chose an HMO and Medicare. Senior citizens al- spending more money on administra- HMO. By 2003, only eleven percent ready have that. What the Bush admin- tion and profit supposed to reduce chose one. istration favors is a Hobson’s choice, Medicare costs? Congress enacted Medicare in 1965, where senior citizens are forced to In fact, Medicare has a better record because private insurance could not choose between the doctor they trust of holding down costs than HMOs and and would not meet the needs of senior and the prescription drugs they need. private insurance. Since 1970, the cost citizens. In 2003, private insurance still And that is an unacceptable choice. per person of private insurance has in- won’t meet their needs. Vast areas of The administration’s plan for Medicare creased 40 percent more than Medicare. the country have no private insurance will victimize 40 million senior citizens Last year, the per person cost of Medi- alternative to Medicare. Two hundred and the disabled on Medicare. I want to care went up 5.2 percent, but private thousand seniors will be dropped by just draw the attention of the Members insurance premiums went up more HMOs this year, because the HMOs are to this chart I have in the Chamber.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2656 CONGRESSIONAL RECORD — SENATE February 25, 2003 These are the Medicare HMOs. There enacted. It makes no sense for the ad- percent of even the private insurance are huge gaps for senior citizens, areas ministration to try to impose its harsh carriers were carrying it at that time. of the country with no right-wing agenda on programs that I ask the Senator whether he would Medicare+Choice plans. There are vast have done so much to bring good agree with me that now prescription areas of the country, outlined in red, health care and genuine health secu- drugs are as indispensable, are as es- where they do not even have this pro- rity to vast numbers of senior citizens, sential to the seniors in Nevada as hos- gram. And still, the administration low-income families, and the disabled. pitalization and physician visits? They wants to insist that seniors subscribe The American people will reject this are in Massachusetts. to it. misguided program, and so should the Mr. REID. Mr. President, I ask unan- Under the Bush plan, long-term Fed- Congress. imous consent that I be allowed to an- eral spending for health care for the Mr. REID. Will the Senator yield for swer the question of the Senator from needy will be reduced under their new a question? Massachusetts without the Senator proposed block grant program for Med- Mr. KENNEDY. I am glad to. from Massachusetts losing the floor. icaid. That idea was proposed under Mr. REID. I have listened on the The PRESIDING OFFICER (Mr. then-Congressman Gingrich almost a floor and off the floor to the Senator’s CHAFEE). Is there objection? decade ago. Under the new program, statement, and especially about Medi- Without objection, it is so ordered. long-term Federal funding for health care and Medicaid. Mr. REID. I say to my friend from care for the needy will be reduced so I ask the Senator, we have heard now Massachusetts, while the Senator was that more money will be available for for 2 years from this administration serving in the Senate in those years, in tax cuts for the wealthy. Under the that the answer to the problems of the the early 1960s and mid 1960s, I was Bush plan, States will have an incen- country are tax cuts, tax cuts, tax serving on the hospital board of South- tive to cut back coverage for those in cuts. I ask the Senator—and I am con- ern Nevada Memorial Hospital, the need and spend the money that should fident of the answer—if he is aware largest hospital district in Nevada at go for health care on other projects. that the deficit this year will be the that time. I was there when Medicaid The Child Health Insurance Program, largest in the history of the world, came into being. the CHIP program, which now gives about $500 billion if you do not mask it Now, does the Senator realize—and I more than 5 million children the with the Social Security surpluses? think he has heard me say this before; chance for a healthy start in life, will Now, I am asking the Senator from and I ask this in the form of a ques- effectively be abolished. Massachusetts, will the proposals by tion, although I don’t need to; I have Millions of senior citizens will no this administration in their tax cut the floor to answer the Senator’s ques- longer be able to count on the Federal proposal do anything to help the people tion—prior to Medicaid coming into nursing home quality standards to pro- in Nevada and Massachusetts and the being, that for that hospital of ours, tect them if they are unable to remain rest of the country who are desperate that public hospital, 40 percent of the in their own homes. I was here not for help in regard to Medicare and Med- senior citizens who came into that hos- many years ago when we took days to icaid? pital had no health insurance? debate the kinds of protections that we Mr. KENNEDY. Absolutely not. And And when we had people come into were going to give to our seniors who your observation goes right to the that hospital with, as I referred to were in nursing homes. The examples heart of the central issue that we have them then, an old person—I don’t quite out there of the kinds of abuses that in the Senate; that this is a question of look at it the same now—they would were taking place were shocking to all choices. It is a question of priorities. It have to sign to be responsible for their of us. So we passed rules and regula- is a question of choices, whether we are mother, their father, their brother, tions. But under this particular pro- going to allow this emasculation of their sister, whatever the case might posal, the administration is recom- Medicare and Medicaid—especially be, that they would pay that hospital mending millions of seniors will no when Medicaid looks after so many bill. And if they did not pay, do you longer be able to count on Federal needy children. About one-half of the know what we would do? We had a col- nursing home quality standards to pro- coverage is actually for poor children, lection department. We would go out tect them if they are unable to remain although more than two-thirds of the and sue them for the money. in their homes. Spouses of senior citi- expenditures are for the elderly and the Now, I say to my friend from Massa- zens who need nursing home care will disabled. But it looks after an enor- chusetts, the distinguished Senator, for no longer be guaranteed even a min- mous number of the poorest of chil- virtually every senior who comes to imum amount of income or savings on dren, and also after the frail elderly. the hospital—it does not matter where which to live. And the Medicare system, we guaran- We know that State budgets are in they are in America—they have health teed in 1965—I was here at that time. I trouble because of the faltering econ- insurance with Medicare. was here in 1964 when it was defeated. omy. The demands on Medicaid are Mr. KENNEDY. That is right. It was defeated in 1964, and then 8 greater than ever as more families lose Mr. REID. Medicare is an imperfect their jobs and their health care. In- months later it was proposed here on program, but it is a good program. stead of the money that States need to the floor of the Senate and it passed And I answer the question about maintain the Medicaid safety net, the overwhelmingly. And 17 Senators who pharmaceuticals, prescription drugs. Bush administration gives States a li- were against it in 1964 supported it in When Medicare came into being, sen- cense to shred it. 1965. The only intervening act during iors did not need prescription drugs be- Every day, this administration that period of time was an election—an cause we did not have the lifesaving makes it clearer that tax cuts to make election. Finally, our colleagues had drugs we have now. We did not have the rich richer is a higher priority than gone back home and listened to the the drugs that made people feel better. health care for our senior citizens and needs of our elderly people, the men We did not have the drugs that prevent low-income children and the disabled. and women who had fought in the disease. Now we have those. That is the bottom line: Every day, World Wars, who brought this country I say to my friend from Massachu- this administration makes it clearer out of the Depression, who sacrificed setts, rather than spending the time that tax cuts to make the rich richer is for their children, who worked hard, here, as we are dealing with a man who a higher priority than health care for played by the rules, and wanted some has a job, Miguel Estrada, making hun- our senior citizens and low-income basic security during their senior years dreds of thousands of dollars a year— children and the disabled. from the dangers of health care costs. rather than dealing with him, I would It is time for Congress and the ad- We made a commitment. The Sen- rather be dealing with people in Ne- ministration to stand up for the prior- ator remembers. I have heard him vada who have no prescription drugs. ities of the American people, not the speak eloquently on it. And in that 1965 In America, the greatest power in the priorities of the wealthy and the pow- Medicare Act we guaranteed them hos- world, we have a medical program for erful. pitalization and we guaranteed them senior citizens that does not have a Medicare and Medicaid are two of the physician services, but we did not guar- prescription drug benefit. That is em- most successful social programs ever antee prescription drugs because only 3 barrassing to us as a country. And

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2657 what are we doing here? We are debat- jected. He wants to raise the issue of eral bench. The men and women we approve ing whether a man should have a job. moving judges to a supermajority vote, for these lifetime appointments make impor- We understand the rules. If they want denying this man, Miguel Estrada, a tant decisions each and every day which im- to get off this, then let them file clo- pact the American people. Once on the vote on the floor of the Senate under bench, they may be called upon to consider ture. If they want to get out of this, let the constitutional clause of advice and the extent of our rights to personal privacy, them give us the memos from the So- consent to the President. our rights to free speech, or even a criminal licitor’s Office. Let him come and an- Let me talk about that for a few mo- defendant’s right to counsel. The importance swer questions or let them pull the ments. Before I talk about that, as the of these positions and their influence must nomination. chairman of the Aging Committee who not be dismissed. We all have benefited from The reason they are not doing that has spent countless hours, as has the listening to the debate about Miguel is, they don’t want to debate this stuff. Senator from Massachusetts, on the Estrada’s qualifications to serve on the dis- Look at the chart the Senator has. Tax trict court. After reviewing Mr. Estrada’s issue of Medicare, he and I would both personal and professional credentials, includ- cuts of $1.8 trillion, what does that do agree that when Medicare was passed ing personally interviewing the nominee, I to Medicare and Medicaid? I hope I in 1965, some 33 years ago, medicine believe he is qualified to serve on the district have answered the Senator’s question. was practiced much differently than it court, and I will vote for him. A prescription drug benefit is a pri- is now. Yet he is saying we want Medi- That is Senator NELSON of Nebraska. ority, and it has to be a program more care just like it was, and we want to That Senator wants a vote. I want a than just in name only. add a new program to it. vote. We owe Miguel Estrada a vote— Mr. KENNEDY. I thank the Senator As the Senator from Massachusetts not a supermajority vote, not an effort for his usual eloquence and passion. well knows, when he voted for Medi- to change the rules of the Senate, not Just to sum up two items, as we dis- care in 1965, it was expected to be an effort to deny the constitutional re- cussed earlier, we passed a prescription about a 10, 20-billion-dollar-plus pro- sponsibility of this body that the other drug program. Fifty-two Members of gram. Today it is verging on a quarter side is now doing, tragically enough, the Senate did so last year. I don’t of a trillion dollars, at least by the end for the politics of the business instead know why we couldn’t debate it. I am of the decade, and it will potentially, of the substance of the issue. That is a sure our leader would support that ef- by 2030, consume a quarter of the U.S. tragedy that ought not be laid upon the fort. Government’s budget. floor of this Senate nor ought to come Finally, let me point out something I know the Senator from Massachu- before what has been a responsible the Senator has mentioned. This chart setts knows as well as I that the world process and very important procedure. summarizes it all. Under the adminis- has changed and health care delivery I have been out in my State for a tration’s program for the States, over a has changed and that we are not going week, as have many of my colleagues. 10-year period, Medicaid will be cut $2.4 to practice 33-year-old medicine on 2003 I say oftentimes to Idahoans: We watch billion, while there will be $1.8 trillion seniors. They don’t expect it. They the President. We see him every night in tax cuts. don’t want it. They demand change. on television. We, Members of the Sen- This is a question of priorities. I In that change comes prescription ate and the other body, make headlines went through the various charts that drugs as a reasonable and right ap- and are often talked about in the press. reflected how this $2.4 billion Medicaid proach. But as we offer that to Amer- But very seldom does the third and cut will be achieved versus the $1.8 tril- ica’s seniors, let us offer them a mod- equally important branch of Govern- lion in tax cuts. This is a question of ernized, contemporary health care de- ment, the judicial branch, get the at- choice. This is a question of priorities livery system. Let us not lurk in the tention. There are no natural lobbyists when it comes to the Medicare and concept of a 33-year-old system that is in general. There is no influence out Medicaid Programs. The quicker we now close to pushing us to deny serv- there urging and pushing that the get the chance to debate these and get ices simply because it has become so courts be treated responsibly, that some votes on them, the better off our costly and so bureaucratic. To deny these vacant positions be filled so that seniors will be. them anything more than a modern courts can do their duty and responsi- I yield the floor. health care delivery system with pre- bility under the Constitution and pro- The PRESIDING OFFICER. The Sen- scription drugs in it is to deny them vide for fair judgment of those who ator from Idaho. the obvious; that is, quality health might come before them. Mr. CRAIG. Mr. President, the Sen- care. That responsibility lies in the Presi- ator from Nevada has asked that we Those are the facts. Those are the dent of the United States and in the vote on Miguel Estrada. I ask unani- statistics. We can certainly debate Senate. We are the ones responsible for mous consent that we proceed to a vote those today. But we ought to be debat- assuring that the courts are filled when on Miguel Estrada now. ing Miguel Estrada. The Democrats those positions are vacant by appro- The PRESIDING OFFICER. Is there want to debate him. They deny us the priate people who have great integrity, objection? vote that he is entitled to have. So for who have moral and ethical standards, Mr. REID. Mr. President, I ask that a few moments today, I would like to and who believe in the Constitution of the Senator’s request be modified in visit about Miguel Estrada. our country. the following fashion: I ask unanimous Before I do that, I found this most in- Miguel Estrada fails on none of those consent that after the Justice Depart- triguing. This is a fascinating issue. We qualifications. Here today, for the first ment finds the requested documents suggest that it is partisan, and it ap- time, Mr. Estrada is a target for a relevant to Mr. Estrada’s government pears to be almost at times. Yet I no- much larger hit; that is to suggest that service, which were first requested in ticed in the RECORD of today a few a minority of the Senate could ulti- May of 2001, the nominee then appear quotes from a Democrat Senator. He mately control the Supreme Court of before the Judiciary Committee to an- said: the United States. I believe that is the swer the questions which he failed to battleground, while a lot of subterfuge Mr. President, the court provides the foun- answer in his confirmation hearing and dation upon which the institutions of gov- may go on, smoke and mirrors, or di- any additional questions that may ernment and our free society are built. Their version of attention; and I think most arise from reviewing such documents. strength and legitimacy are derived from a people who are now watching this de- Mr. CRAIG. Mr. President, I object long tradition of Federal judges whose bate are beginning to understand there and restate my unanimous consent re- knowledge, integrity, and impartiality are is something very strange about it. quest. beyond reproach. The Senate is obligated, by There used to be an old advertise- Mr. REID. To which I object. I object. the Constitution and the public interest, to ment on television asking, ‘‘where’s Mr. CRAIG. Mr. President, I just protect the legitimacy and to ensure that the beef.’’ Well, where’s the issue here? heard the Democrat leader come to the the public’s confidence in the court system is Where is the substance of the issue, justified and continues for many years to floor to demand a vote on Miguel come. As guardians of this trust, we must after the committee of jurisdiction, the Estrada so we could move on to other carefully scrutinize the credentials and Judiciary Committee, on which I serve, important issues. He had the oppor- qualifications of every man and woman nom- and on which the Senator from Massa- tunity to have that vote, and he ob- inated by the President to serve on the Fed- chusetts serves, very thoroughly went

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2658 CONGRESSIONAL RECORD — SENATE February 25, 2003 through the background of Miguel there is an effort to change the Con- a simple vote by a majority of those Estrada? He came out with high quali- stitution of our country simply by present and voting. That is what our fications, having been reviewed by the process and procedure—or shall I say Constitution speaks to. That is what ABA. Wherein lies the problem—the the denying of that. I think those are our Founding Fathers intended. They simple problem of allowing this name the issues at hand here. That is what is didn’t believe we should allow a minor- and nomination to come to the floor important. ity of the people serving to deny the for a vote—a vote. I tendered that vote Mr. President, there was nothing majority the right to evaluate and con- a few moments ago by unanimous con- more in telling a ghost story than in firm the nominations of a President to sent, to see it denied on the other side the imagination that came to the the judicial branch of our Government. of the aisle because they say you must mind. There is nothing wrong with If they want to administer a par- have a super vote, a 60-plus vote. No, Miguel Estrada, except in the imagina- ticular litmus test, as one of our col- we suggest the Constitution doesn’t tion in the minds of the other side, who leagues on the Judiciary Committee say that. We suggest that threshold has would like to find a story to tell. But has been advocating, that is their never been required. So I think what is they cannot find one, dig as they choice. If they simply do not like the important here is the reality of the de- might. There have been 21 months of way a nominee answered the questions bate and how we have handled it. effort, 21 months of denial. Why? Are that were put to him, then they can I have the great privilege of serving we playing out Presidential politics on vote against the nominee for all of the from the West, from the State of Idaho. the floor of the Senate this year? It is reasons and the responsibilities of a There are a lot of traditions out there. possible. I hope we don’t have to go Senator. But to say they cannot vote One of the great traditions is sitting there, and we should not. These are because there is no information about around campfires, visiting, telling sto- issues that are much too important. the nominee, or because he has not an- ries, and talking about the past. Prob- This President has done what he swered their questions, or because crit- ably one of the most popular stories to should do. It is his responsibility to ical information is being withheld, tell in the dark of night in only the find men and women of high quality well, that is clearly a figment of their glow of the campfire is a good ghost and high integrity, who are well edu- imagination. That is a ghost lurking story. It scares the kids, and even the cated and well trained in the judicial somewhere in the mind of a Senator, adults get a little nervous at times be- process and system—search them out because for 21 months, try as they cause their back side is dark and only and recommend them, nominate them might, that ghost, or that allegation, their faces are illuminated. The imagi- to fill these judgeships. That is what he has not been found or fulfilled. nation of the mind can go beyond what has done. Now he is being denied that. In the real world, there is an enor- is really intended. So great stories get A difference of philosophy? Yes, sure. mous record on this nominee, bigger told at the campfire. It is his right to choose those he feels than the records of most of the judici- I have listened to this debate only to can best serve. He has found and has of- ary nominees who have been confirmed think that great stories are attempting fered to us men and women of ex- by the Senate. In the real world, Mr. to be told here—or should I suggest tremely high quality. Yet, at these Estrada has answered question after that ghost stories are being proposed higher court levels, and here in the dis- question, just not always the way his here—about Miguel Estrada. Why trict court, they are being denied. opponents wished he would answer would we want to be suggesting there Miguel Estrada has been under the them; not just exactly the way his op- is something about this man that is microscope and nobody has found the ponents would wish he had answered not known, that there is not full dis- problem. On the contrary, we have them, but he did answer them. In the closure on all of the issues? I suggest found much to admire. At least let me real world, there is no smoking gun in there is full disclosure. The other side speak for myself. I have found much to the privileged documents that the op- is deliberately obstructing a nomina- admire in Miguel Estrada. By now, I position is unreasonably and inappro- tion that has been before the Senate don’t need to repeat his history. I don’t priately requesting. for 21 months. In that 21 months, there need to repeat the story of a young There is something very familiar were no ghost stories; nothing new was man coming to this country at 17 years about the tactic being used against found, except the reality of the man of age, hardly able to speak English, Miguel Estrada, and I finally realized himself—the reality of a really fas- who changed himself and the world what it was. This is the same obstruc- cinating and valuable record for the around him, so that he is now recog- tionism we have seen again and again American public to know. nized by many as a phenomenal talent from our friends on the other side, the Their argument is that because they and a scholar. Let me just say I think same process that denied us the right cannot find anything wrong with him— he and his family should be very proud to a budget, the right to appropriations no ghost stories—then there have to be of his achievements. They should also for 12 long months. They could not bad things hidden. Somebody could not be proud of his receiving the nomina- even produce a budget. So we brought be quite as good as Miguel Estrada. tion. Of all the people, they surely do it to the floor and in 4 weeks we final- Why not? There are a lot of people out not deserve to have the judicial nomi- ized that process. there who achieve and are phenome- nation process turned into some kind For the last year and a half, we have nally successful, morally and ethically of gamut, in which you run a person lived with that issue of obstructionism, sound, and well based, and who believe through and you throw mud at them, and today we are with it again. Now we in our Constitution and are willing to or you allege, or you imply, or you are in our second week of denying an interpret it in relation to the law and search for the ultimate ghost story up-or-down vote. What is wrong with not to the politics of something that that doesn’t exist, to damage their in- having an up-or-down vote? That is our might drive them personally. tegrity, to damage the image and the responsibility. That is what we are I don’t believe in activist judges on value and quality of the person. charged to do under the Constitution. the courts. I don’t believe they get to Senators are within their rights to I believe that is the issue. Instead of go beyond the law or attempt to take oppose any judicial nominee on any fighting on policy grounds, they are us where those of us who are law- basis they choose. In the last 8 years, simply wanting to deny this issue to makers intend us not to go or where when President Clinton was President, death. In the last Congress, as I men- the Constitution itself would suggest I voted for some of his judges; I voted tioned, we had no budget, we saw an we do not go. So search as they may, against some of them because they Energy Committee shut down because they cannot find. And when they can- didn’t fit my criteria of what I thought they would not allow that Energy Com- not find, they will obstruct. They have would be a responsible judge for the mittee to write an energy bill, and obstructed. Week 1. We are now into court. But I never stood on the floor they would not allow authorizing com- week 2. My guess is we will be into and denied a vote, obstructed a vote. I mittees to function in a bipartisan way week 3 or 4. Hopefully, the American always thought it was important that when they controlled the majority. De- people are listening and understanding they be brought to the floor for a vote. nial and obstruction is not a way to something is wrong on the floor of the Then we could debate them and they run a system. It is certainly not the Senate; something is wrong in that would either be confirmed or denied on way to operate the Senate.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2659 Now we have a personality. Now it is Bar Association. I am not an attorney, has been thoroughly considered, Sen- not an abstract concept. Now it is not but my colleague from Nevada is. It ators ultimately move to a vote. That a piece of a budget or a dollar and a used to be the highest rating possible is my responsibility as a Senator. That cent, as important as those issues are. that the American Bar Association is one that I will work for in the com- We are talking about an individual who would give in rating the qualifications ing days. That is one that many of my has served our country well, who has of a nominee. I used to say that rating colleagues are working for. achieved at the highest levels, who is a was probably too liberal. Now I say it We will come to the floor, we will man of tremendous integrity, and be- is a respectable rating. Why? Because continue to debate the fine points of cause he does not fit their philosophic the bar on the other side has been Miguel Estrada, but we will not raise test, the litmus test of their philos- raised well beyond that rating. Now we the bar. We should not set a new stand- ophy as to those they want on the are litmus testing all kinds of philo- ard. In this instance, we should not court, but he does achieve all of the sophical attitudes that the other side allow a minority of Senators to deny recognition of all of those who judge demands a nominee have, and if they the process because there is now a sub- those who go to the court on the stand- say, We are simply going to enforce or stantial majority who would vote for ards by which we have always assessed carry out or interpret the law against Miguel Estrada because they, as I, have nominees to the judiciary system, that the Constitution, that is no longer read his record, have listened to the de- is not good enough anymore. The rea- good enough. Rubberstamping? A 5-sec- bate, have thoroughly combed through son it is not good enough is because it ond process, a 2-second process, or a 21- all of the files to understand that we is President George Bush who has made month process? I suggest there is no have a man of phenomenally high in- that nomination. rubberstamping here. tegrity who can serve this country well In the current Congress, that is an I suggest the Judiciary Committee, on the District Court of Appeals that issue with which we should not have to under the chairmanship of PAT LEAHY, he has been nominated by President deal. We should be allowed to vote, and now under the chairmanship of ORRIN Bush to serve on. I hope that ultimately we can, and cer- HATCH, has done a thorough job of ex- Our responsibility is but one: to lis- amining Miguel Estrada, who has a tainly we will work very hard to allow ten, to understand, to make a judg- personal history that is inspiring, work that to happen. That is what we ought ment, and to vote up or down on achievement that is phenomenally im- to be allowed to offer: to come to the Miguel Estrada. So I ask the question, pressive, a competence and a character floor, have an up-or-down vote on Is that what the other side will allow? that has won him testimonials from all Miguel Estrada, debating for 1 week, Or are they going to continue to deny of his coworkers and friends, Demo- debating for 2 weeks, debating for 3 that? Are they going to continue to de- crats and Republicans, liberal and con- weeks, if we must, but ultimately a mand that a new standard be set? The servative. vote by Senators doing what they are American people need to hear that. As I mentioned, I am a new member They need to understand what is going charged to do. of the Judiciary Committee. It is the That is the most important step and, on on the floor of the Senate, and first time in 40 years that an Idahoan of course, that is the issue. Or is the many are now beginning to grasp that. has served on that committee, and I As newspapers talk about it, some in issue changing the name of the game, am not a lawyer. So I look at these the Hispanic community are now con- changing or raising the bar, in this in- nominees differently than my col- cerned that somehow this has become a stance, to a higher level of vote, not for leagues who serve on that committee racist issue. I do not think so. I hope Miguel Estrada but for future votes, who are lawyers. But I understand not. It should not be. It must not be. possibly a Supreme Court Justice? I do records. I understand achievement. I Tragically, we are talking about a fine not know what the strategy is, but understand integrity. I understand man who is ready to serve this country there is a strategy. morals, ethics, and standards that are and who is being caught up in the poli- It is undeniable because we have seen as high as Miguel Estrada’s. tics of the day, and that should not it day after day, time after time. We I am humbled in his presence that a happen on the floor of the Senate. watched it when they chaired the Judi- man could achieve as much as he has in Before I got into politics, I was a ciary Committee last year. I now serve as short a time as he has. I am an- rancher in Idaho, and I can vouch for on the Judiciary Committee. I went gered—no, I guess one does not get the fact that a lot of cowboy traditions there this year with the purpose of try- angry in this business. I am frustrated, are still alive and well in the Inter- ing to move judges through, trying to extremely frustrated that my col- mountain West. One of those great tra- get done what is our responsibility to leagues on the other side would decide ditions is storytelling—gathering do, trying to fill the phenomenal num- to play the game with a human being around a campfire and telling ghost ber of vacancies. When there are vacan- of the quality of Miguel Estrada, to use stories. Some of those stories can be cies in the court and caseloads are him for a target for another purpose, to pretty scary. But nobody really be- building, that means somebody is being use him in their game plan for politics lieves them—certainly not adults, and denied justice. We should not allow our in this country, to rub themselves up not in the light of day. judiciary system to become so politi- against the Constitution, to have the I am reminded of that storytelling cized by the process that it cannot do Washington Post say: Time’s up. tradition of the West when I look back what it is charged to do. Therein lies Enough is enough. To have newspaper on the debate surrounding Miguel the issue. I believe it is an important after newspaper across the country Estrada to the U.S. Court of Appeals issue for us, and it is one I hope we will say: Democrats, you have gone too far for the D.C. District. The reason this deal with if we have to continue to de- this time. Many are now saying that, debate reminds me of those old ghost bate it. and that is too bad to allow that much stories is that the opposition’s argu- Let me close with this other argu- partisan politics to enter the debate. ments amount to just that: stories ment because I found this one most in- We all know that partisan politics about imagined ghosts and monsters, teresting. They said: We are just will often enter debates, but it does not told for the purpose of frightening peo- rubberstamping George Bush’s nomina- deny the process. It does not obstruct ple. tions. Have you ever used a the process. It does not destroy the I have been serving in the Senate for rubberstamp? Have you ever picked up process. Ultimately, the responsibility better than a decade, and I have seen a a stamp, tapped it to an ink pad, is to vote, and it is not a super- lot of filibusters about a lot of things, tapped it to a piece of paper? That is majority. The Senator from Nevada but this is the first time I have seen a called rubberstamping. My guess is it knows that, and the Senator from filibuster over nothing—that’s right: takes less than a minute, less than a Idaho knows that. I could ask unani- nothing. The other side is deliberately half a minute, less than a second to use mous consent again that we move to a obstructing the nomination of Miguel a rubberstamp. vote on the nomination of Miguel Estrada because after 21 months they That is a false analogy. Twenty-one Estrada, and the Senator would stand can find nothing wrong with this nomi- months does not a rubberstamp make; up and say: I object. nee. 21 months of thorough examination, That is how one gets to the vote on Their argument is that because they hours of examination by the American the floor of the Senate. After the issue cannot find anything wrong with him,

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2660 CONGRESSIONAL RECORD — SENATE February 25, 2003 all the bad things must be hidden, and like the way a nominee answered the ‘‘rubberstamp’’ something; you just therefore they need more time for their questions that were put to him, then pound the stamp on an inkpad and then fishing expedition on this nomination. they can vote against that nominee for on a piece of paper, and you are done. Only now, that fishing expedition is that reason. This nomination, on the other hand, going into documents that are privi- But to say they cannot vote because has been in the works for 21 months, leged, and public policy itself would be there is no information about this involved extensive hearings by a then- violated by breaking that privilege. nominee, or because he has not an- Democrat-led Judiciary Committee, in- That’s not just my opinion—as we have swered their questions, or because crit- cluded supplemental questions posed heard again and again, it is the opinion ical information is being withheld— by Committee members, a non-unani- of the seven living former Solicitors well, apparently they do not live in the mous vote of that Committee, and General, both Democrat and Repub- same world the rest of us do. Because weeks of debate on this floor. For any lican. in the real world, there is an enormous Senator to say this amounts to being With nothing to complain about, the record on this nominee—bigger than pushed into ‘‘rubberstamping’’ this opposition is trying to get us all to be- the records on most of the judicial nominee is hogwash. lieve that there must be some terrible nominees who have been confirmed by Furthermore, anybody who wants to disqualifying information that is being the Senate. In the real world, Mr. complain about ‘‘rubberstamping’’ withheld from the Senate. What that Estrada has answered question after ought to be out here standing side by terrible information is, they leave us question—just no always the way that side with Republicans, demanding an to imagine: maybe some writings that his opponents wished he would have an- up-or-down vote on this nominee. I say will reveal a monster who is going to swered. And in the real world, there is to my colleagues, if you are not satis- ascend to the bench where he can rip no smoking gun in the privileged docu- fied that this nominee will be a good the Constitution to shreds and roll ments that the opposition is unreason- judge on the Court of Appeals, then back civil liberties. Maybe something ably and inappropriately requesting. vote against him. If you are sincere even worse. There is something very familiar about your objections, and not just These are nothing more than ghost about this tactic being used against playing political games, then you have stories, deliberately attempting to Miguel Estrada, and I finally realized nothing to lose by demanding a fair frighten the American people and this what it was: this is the same obstruc- vote. Senate. It is time to shine the light of tionism that we have seen again and I do not see how anybody could read day on this debate, time to realize again from our friends on the other the record on this nominee and listen there is no monster under the bed. side. Instead of fighting on policy to the debate in this Senate and not And it is high time that the Demo- grounds, they just obstruct and delay conclude that Miguel Estrada will crat leadership put a stop to the poli- the issue to death. In the last Congress, serve the United States with distinc- tics of character assassination that go we never got a budget, we never got an tion on the Federal bench. His personal along with all this storytelling. It is energy bill—just more obstruction and history is inspiring; his work achieve- outrageous to suggest that Miguel delay. And in this current Congress, in- ments are impressive; his competence Estrada is hiding something, or being stead of having an honest up-or-down and character have won him less than forthcoming with this Sen- vote on this nominee, they filibuster testimonials from friends and cowork- ate. The Senate Judiciary Committee about the past history of judicial nomi- ers of every political stripe. had plenty of time over the last 21 nees under former administrations. I am a new member of the Judiciary months to find some real problem with Another of my colleagues revealed Committee—the first Idahoan to serve this nominee—but no such problem was during this debate that obstructionism on that committee in more than forty found. The American Bar Association is a tactic out of a playbook for stop- years—and I am proud to say that my reviewed him, found nothing wrong ping President Bush from getting his first recorded vote on that committee with him, and even gave him its high- nominees to the higher courts—maybe was to confirm Mr. Estrada. I am now est rating—‘‘well qualified.’’ The Bush not every court, but certainly the cir- asking my colleagues to allow the full administration looked into his record cuit courts and maybe someday the Su- Senate to have the opportunity to vote before sending up the nomination. And preme Court. We have heard on this on this nominee. Let us stop the story- let’s not forget that he worked for the Senate floor about that playbook ad- telling, get back to the real world, and previous administration, too, which vising our Democrat colleagues to use have a fair up-or-down vote on the con- not only hired him but gave him good the Senate rules to delay and obstruct firmation of Miguel Estrada. reviews. nominees—first in committee and then I yield the floor. So Miguel Estrada has been under on the Senate floor. The PRESIDING OFFICER (Mrs. the microscope, and nobody has found This is the first step in raising the DOLE). The Democratic whip. a problem with him. On the contrary, bar for all of President Bush’s nomi- Mr. REID. Mr. President, the Demo- we have found much to admire—at nees. That is the goal—to raise the bar, cratic leader was on the floor this least, let me speak for myself—I have to impose new tests never envisioned in morning and spoke at some length found much to admire about Mr. the Constitution, for anyone nomi- about the problems facing this coun- Estrada. By now, his story is pretty nated by President Bush. Make no mis- try. The problems facing this country well known to anyone who follows the take about this: it is partisan politics are significant. It is untoward, as the daily news, let alone Senators who at its most fundamental. Instead of the Democratic leader stated, that we are study the nominees who come before Senate performing its constitutional not dealing with issues the people we them, so I won’t repeat it again. Let role of advise and consent, the Demo- represent, who are in our home States, me just say that I think he and his crat leadership intends to put itself in want to talk about. They want us to do family should be very proud of his a position to dictate to the President something about the health care deliv- achievements. They should also be who his nominees can be. Instead of al- ery system in this country. That in- proud of his receiving this nomination. lowing the normal process to work— cludes prescription drugs. It includes And of all people, they surely do not the process through which all judicial the Patients’ Bill of Rights. It includes deserve to have the judicial nomina- nominees have gone before—they are Medicare. It includes Medicaid. tion process turned into some kind of fashioning a new set of tests that will The people at home want us to at grueling gauntlet through the mud become the standard. least remember that we have environ- being generated by the opposition. And while I am talking about raising mental problems facing this country Senators are within their rights to the bar, let me anticipate the argu- that we need to deal with. The people oppose any judicial nominee on any ment of the opposition. I have heard a at home understand education is a sig- basis they choose. If they want to ad- lot from my Democrat colleagues nificant issue. The people at home un- minister a particular litmus test, as about how they are offended at being derstand their State—there are only one of our colleagues on the Judiciary expected to ‘‘rubberstamp’’ President four States that do not have a budget Committee has been advocating, that Bush’s nominees. Last I checked, it deficit. All other States are spending in is their choice. If they simply do not takes about two seconds to the red. They want some help. We, as a

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2661 Senate, deserve to deal with those and My staff just showed me a letter—I JOE BIDEN from Senator EDWARD M. other issues that the people of our guess he did not have time, as counsel KENNEDY, Howard Metzenbaum, and States believe we should be talking to the President did, to write a 15-page Paul Simon, members of that Judiciary about. letter—in two or three sentences say- Committee, who asked for certain in- There have been a number of requests ing that Gonzales, if he wanted to talk formation dealing with memoranda made: Why do we not vote on this in 6 to Senator DASCHLE and I, they would that Rehnquist prepared. We have a hours, 4 hours, 2 hours, 10 hours, 2 days, have him come forward and he could letter written to Attorney General Friday by 9:30? And we have said very sit down and talk to us. Meese from JOE BIDEN setting forth the simply—this is the ninth day of this We are not going to do that. The materials that were requested, to- debate covering a period of approxi- Democrats in the Judiciary Committee gether with Rehnquist documents that mately 3 weeks—Miguel Estrada needs unanimously voted against Miguel are wanted. We have a letter dated Au- to be candid and forthright. And how is Estrada because he did not answer the gust 7 to Chairman Thurmond from that going to be accomplished? It is questions and he did not submit the John Bolton that I referred to in more going to be accomplished by his giving memos. general terms. That lists in detail the us information, answering questions, My case to the Senate, my case to material that was supplied. and giving us the memos he wrote the American people, is there is no There being no objection, the mate- when he was at the Solicitor General’s precedent set by his giving this infor- rial was ordered to be printed in the Office. mation, and I say that for a number of RECORD, as follows: We should be dealing with the issues reasons. U.S. SENATE, I have outlined, and others, issues that I have a detailed letter from the De- COMMITTEE ON THE JUDICIARY, people really care about at home. But, partment of Justice describing their ef- Washington, DC, July 23, 1986. no, we are not going to take up S. 414 forts to respond to the Senate’s request Hon. STROM THURMOND, that Senator DASCHLE asked unani- for Chief Justice Rehnquist’s Office of Chairman, Senate Judiciary Committee, Wash- mous consent that we move to, the eco- Legal Counsel memos during his nomi- ington, DC. nomic stimulus package the Democrats nation—he was a Supreme Court Jus- DEAR STROM: I have enclosed the request of prefer. What it does is give immediate the Department of Justice for documents tice at the time, but now he is the concerning the nomination of William H. tax relief to the middle class and has Chief Justice—and a legal letter from Rehnquist to be Chief Justice. Please for- no long-term impact on the deficit of the Department of Legislative and ward the enclosed request for expedited con- this country. Intergovernmental Affairs, John sideration by the Department. I understand If we brought that up and the major- Bolton, on August 7, 1986, which states it may be necessary to develop mutually sat- ity did not like our bill, we could have and I quote: isfying procedures should any of the re- a debate on what is the best thing to do We attach an index of those documents— quested documents be provided to the Com- mittee on a restricted basis. to deal with the financial woes of this Rehnquist legal memorandum from country. That is what we should be Sincerely, when he was the Assistant Attorney JOSEPH R. BIDEN, Jr., dealing with. General for the Office of Legal Counsel As I have said earlier today, and I re- Ranking Minority Member. in the Solicitor’s Office— peat, the reason we are not dealing U.S. SENATE, with those issues of immense impor- and will provide the Committee with access in accordance with our existing agreement. COMMITTEE ON THE JUDICIARY, tance to this country is the majority Washington, DC, July 23, 1986. does not have a plan or a program. The letter also indicates that numer- ous other legal memoranda were pro- Hon. JOSEPH R. BIDEN, Jr., The President’s tax cut proposal, his Ranking Minority Member, Committee on the own Republicans do not like it. The vided to the committee prior to that Judiciary, U.S. Senate, Washington, DC. chairman of the Ways and Means Com- date. The letter also contains an at- DEAR JOE: In preparation for the Senate mittee of the House does not like it. In- tachment, ‘‘Index to Supplemental Re- Judiciary Committee hearings on the nomi- dividual Members of the Senate, who lease to Senate Judiciary Committee,’’ nation of William H. Rehnquist be to Chief are Republicans, who do not like his which lists three additional memos re- Justice of the United States, please ask Chairman Thurmond to provide the fol- program, have written to him and lating to legal constraints on possible use of troops to prevent movement of lowing information and materials, as soon as talked to him. So that is why they are possible: not bringing that up. May Day demonstrators, possible limi- 1. For the period from 1969–1971, during Why are we not going to do some- tations posed by the Posse Comitatus which Mr. Rehnquist served as Assistant At- thing dealing with health care? Be- Act on the use of troops, authority of torney General for the Office of Legal Coun- cause they do not have their act to- members of the Armed Forces on duty sel, all memoranda, correspondence, and gether. They do not know what they in civil disturbances to make arrests. other materials on which Mr. Rehnquist is want. These are internal memos, obviously, designated as a recipient, or materials pre- So without running through each written by attorneys containing legal pared by Mr. Rehnquist or his staff, for his issue we should be talking about, let analyses and deliberations about very approval, or on which his mane or initials sensitive issues. Again, it is obvious appears, related to the following: me simply say Miguel Estrada needs to —executive privilege; be resolved and can be resolved in three that legal memos similar to Mr. —national security, including but not lim- ways: The nomination be pulled and we Estrada’s were provided to the Senate ited to domestic surveillance, anti-war dem- can go to more important issues; No. 2, Judiciary Committee, reviewed and re- onstrators, wiretapping, reform of the classi- he can answer the questions people turned to the Department. In fact, Sen- fication system, the May Day demonstra- want to propound to him and have pro- ator BIDEN, still a member of this body, tion, the Kent State killings, and the inves- pounded to him; and thirdly, he submit wrote to Attorney General Meese to tigation of leaks; the memos he wrote when he was in thank him for his cooperation and then —the nominations of Harry A. Blackmun the Solicitor General’s Office and an- asked for additional memos that I as- and G. Harrold Carswell to be Associate Jus- tices of the Supreme Court; swer questions. sume were provided. —civil rights; There has been a lot said in righteous I ask unanimous consent that a let- —civil liberties. indignation: We cannot give these ter dated July 23, 1986, written to the 2. The memo prepared by law clerk Donald memos because it would set a prece- Honorable Strom Thurmond, chairman Cronson for Justice Jackson concerning the dent that has never been set in the his- of the Senate Judiciary Committee, school desegregation cases, entitled, ‘‘A Few tory of this country. Senators DASCHLE from JOE BIDEN asking that the De- Expressed Prejudices on the Segregation and LEAHY, the Democratic leader and partment of Justice supply certain in- Cases’’. the ranking member of the Judiciary formation regarding the nomination of 3. The original of the Cronson cable to Mr. Committee, wrote to the White House William B. Rehnquist to be Chief Jus- Rehnquist in 1971, which appears in the Con- gressional Record of December 9, 1971. and said: Give us the memos. Let him tice, I ask simply that that matter be 4. Financial disclosure statements for Jus- answer the questions. forwarded to the Senate and be printed tice Rehnquist for the period from his ap- We get a 15-page letter back from in the RECORD. pointment to the Court until 1982. Gonzales, the counsel to the President, As well, we have a request back—I 5. Any book contracts to which Justice saying: We are not going to do that. am sorry. We have a letter written to Rehnquist is a signatory and which were in

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2662 CONGRESSIONAL RECORD — SENATE February 25, 2003 effect for all or any part of the period from N. Mr. Revercomb’s request. (This item is had not previously located, in an abundance January 1984 to the present, or for which he referenced in I.1.) of caution OLC requested access to any pos- was engaged in negotiations during the same sibly relevant files. Those files were received period. DEPARTMENT OF JUSTICE, OFFICE OF from the records center in Suitland, Mary- Sincerely, LEGISLATIVE AND INTERGOVERN- land, late yesterday afternoon. Based on a EDWARD M. KENNEDY. MENTAL AFFAIRS, review of those files by OLC career staff, HOWARD M. METZENBAUM. Washington, DC, August 7, 1986. OLC located three additional memoranda re- PAUL SIMON. Hon. STROM THURMOND, lating to the May Day arrests, each of which Chairman, Committee on the Judiciary, U.S. was prepared by OLC staff. We attach an U.S. SENATE, Senate, Washington, DC. index of those documents, and will provide COMMITTEE ON THE JUDICIARY DEAR CHAIRMAN THURMOND: This letter re- the Committee with access in accordance Washington, DC, August 6, 1986. sponds to Senator Biden’s August 6 request with our existing agreement. Hon. EDWIN MEESE III, for certain additional materials referred to In addition, the files received from the fed- Attorney General, Department of Justice, Wash- in the documents from the Office of Legal eral records center included a copy of the De- ington, DC. Counsel (OLC) that were made available for cember 2, 1970, letter from Lt. Gen. Exton, DEAR MR. ATTORNEY GENERAL: First, I wish the Committee’s review, and for an expla- which is requested as item A by Senator to express my appreciation for the manner in nation of the procedures followed by the Of- Biden in his August 6 letter. We will also fur- which we were able to resolve the issue of ac- fice of Legal Counsel in locating and review- nish this letter to the Committee under the cess to documents which we requested in ing those materials. Because OLC went to same terms. With the exception of item M on connection with Justice Rehnquist’s con- extraordinary lengths in responding to the Senator Biden’s list, which has already been firmation proceedings. I am delighted that document requests in a very short time, I made available to the Committee, OLC has we were able to work out a mutually accept- think it would be useful to describe those ef- been unable to locate any of the other re- able accommodation of our respective re- forts first. quested materials in its files or in the stored sponsibilities. The files of the Office of Legal Counsel for files. Many of these documents may, in fact, We have now had an opportunity to con- the years 1969–1971 are maintained in two, no longer exist. The various ‘‘requests’’ list- duct a preliminary examination of the mate- duplicative sets: one in hard copy (on a ed as items F, G, and K, for example, were rials which were provided to us last evening, chronological basis) and the other on a com- most likely oral requests that were never and we have noticed that several of the puterized system (which can be searched by memorialized in writing. items refer to other materials, most of which words or phrases). The Office’s normal proce- In sum, the staff of the Office of Legal appear to be incoming communications to dure in response to any request for docu- Counsel went to extraordinary lengths to en- which the nominee was responding while he ments—be it from the public, another gov- sure that all responsive materials were lo- headed the Office of Legal Counsel. Attached ernment agency, or from a member of Con- cated, putting literally hundreds of hours hereto is a list of those other materials, and gress—is to conduct a search through the into this project. I would appreciate your taking appropriate computer system to locate the potentially Please let me know if we can be of further steps to see that those items are made avail- responsive document or documents. The doc- assistance. able as soon as possible. uments thus identified are then reviewed in Sincerely, Finally, once you have provided us with hard copy to determine whether they are re- JOHN R. BOLTON, access to these additional materials, I would sponsive to the request and whether they Assistant Attorney General. may be released, consistent with preserving appreciate your providing us with a written INDEX TO SUPPLEMENTAL RELEASE TO SENATE the integrity of the Office’s role as confiden- description of the steps which have been JUDICIARY COMMITTEE tial legal advisor to the Attorney General taken, and the files which have been 1. 5/71 memo to file from Eric Fygi: ‘‘Pre- searched, in your Department’s effort to be and to the President. The computer search and review is supervised directly by senior vention by Use of Troops of Departure of responsive to our requests. Mayday Demonstrators from West Potomac Once again, thanks for your continuing as- career personnel of the Office. In this case, the Office went far beyond its Park for Demonstration Sites’’ sistance. routine process to ensure the comprehensive- This memorandum discusses legal con- Sincerely, ness of its response. In keeping with estab- straints on possible use of troops to prevent JOSEPH R. BIDEN, Jr., lished procedures, members of the career movement of May Day demonstrators. Ranking Minority Member. OLC staff, under the supervision of the sen- 2. 4/26/71 memo to WHR from Eric Fygi and REHNQUIST DOCUMENTS ior career lawyer who usually handles such Mary C. Lawton: ‘‘Legal and Practical Con- A. Letter from Lt. Gen. Exton, dated Dec. matters, performed extensive subject matter siderations Concerning Protective Actions 2, 1970. (This item is referenced in the at- searches of the computer data base to iden- by the United States to Ameliorate the tachments to I.2.) tify all documents in the files that were con- ‘Mayday Movement’ Traffic Project’’ B. The ‘‘transmittal of June 5, 1969’’ from ceivably responsive to the request. Those This memorandum discusses possible limi- Herbert E. Hoffman, (This item is referenced documents were then reviewed by a senior tations posed by the Posse Comitatus Act on in II.1.) career staff lawyer to determine their re- the use of troops in connection with the C. The ‘‘directive . . . sent out by General sponsiveness. In addition, OLC career staff planned May Day demonstrations. Haig on June 30.’’ (This item is referenced on performed an overlapping review, from the 3. 4/29/71 memo to file from Mary C. Lawton the first page of the first attachment to II.2.) hard copy files maintained by OLC for 1969– (copy provided to WHR): ‘‘Authority of mem- D. ‘‘Haig memorandum of June 30.’’ (This 1971, of all documents prepared by or under bers of the Armed Forces on duty in civil dis- item is referenced on the first page of the the direction and supervision of Mr. turbances to make arrest’’ first attachment to II.2.) Rehnquist. Finally, a staff lawyer worked This memorandum questions arising under E. ‘‘NSSM–113’’. (This item is referenced in with the Records Management Division of federal and D.C. law and the Uniform Code of II.4.) the Department of Justice to try to identify Military Justice with respect to arrests by F. The ‘‘request’’ of William H. Rehnquist. and locate any files stored in the federal members of the armed forces. (This is referenced in the first paragraph of records center that might possibly contain 4. 12/3/70 letter from Lt. Gen. H.M. Exton to II.5.) responsive documents. Attorney General Mitchell (as requested by G. The ‘‘request’’ of William H. Rehnquist. I note that review of the stored files in this Senator Biden’s letter of August 6, 1986). (This item is referenced in the first para- manner is extraordinary and to our knowl- Mr. REID. Madam President, my graph of II.6.) edge unprecedented. The OLC files from the friend from Idaho, the distinguished H. John Dean’s ‘‘memorandum of Nov. 16, relevant time period were consolidated with senior Senator—and he is my friend; I 1970.’’ (This item is referenced in II.8.) other Departmental files by the Records have the greatest respect for him; he is I. Robert Mardian’s ‘‘memorandum of Jan- Management Division, and then processed a fine man; he represents his State uary 18, 1971.’’ (This item is referenced in and maintained by that Division based on a very well—I respectfully submit to this II.10.) complicated and incomplete filing system. It J. The ‘‘similar memorandum to Mr. is virtually impossible to determine whether body my friend’s statements regarding Pellerzi and his response of January 21 con- documents from the Office of Legal Counsel what the Senate did not do last year is cerning the above-captioned matter.’’ (These may be in a particular stored file, or indeed a statement made through a pair of two items are referenced in II.10.) to determine whether particular files were glasses that obviously are very foggy. K. Kenneth E. BeLieu’s ‘‘request of Octo- maintained. I say that because there is a lot of ber 28, 1969 for rebuttal material.’’ (This item Nonetheless, in an effort to be as complete talk here about things that were not is referenced in V.1.) as possible in responding to the request, OLC done. But the fact is the work that was L. William D. Ruckelshaus’ ‘‘memorandum undertook to try to identify any stored files left undone last year was left undone of December 19, 1969.’’ (This item is ref- that could conceivably contain responsive erenced in VI.2, and in VI.4.) documents. Although an initial review of the as a result of the President of the M. William D. Ruckelshaus’ ‘‘memo- index maintained by the Records Manage- United States and the Republican-led randum of February 6, 1970.’’ (This item is ment Division did not suggest that those House of Representatives not allowing referenced in VI.5.) files contained responsive material that OLC us to move the appropriations bills. We

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2663 passed 2 bills, leaving 11 undone. The is not the deal we made. The States dents, Democrat and Republican, have House of Representatives simply re- were desperate before that was passed. had trouble getting nominees—whether fused to take votes on those very dif- We do not fund the IDEA act, children it is Cabinet officers, sub-Cabinet offi- ficult bills. They knew if they took with disabilities. These are the issues cers, members of the military, whether votes on those bills as they wanted we should be dealing with—not spend- it is judges—trying to get them before them in the House of Representatives, ing 3 weeks of our time on a man who the Senate because of the length of it would create chaos among the people is fully employed. Let’s talk about time the FBI investigations take and in the country because the people some of the people who have no jobs or all the hoops people have to jump would know then that the Republicans are underemployed. through now. simply were not meeting the demands Having said that, my friend, the dis- I say let’s eliminate the ABA from of the American people. tinguished senior Senator from Idaho, the judges. I don’t know how many of As a result of that, even though we cannot understand why there is not a my colleagues here agree, but I agree, passed every bill out of the Senate Ap- vote on Estrada the way he believes a and I will join with the Republicans propriations Committee—all 13—we vote should occur. My friend, the dis- anytime to get the ABA out of the were not allowed to take them up. So tinguished senior Senator from Idaho, process. we have to understand that is basically voted against 13 Clinton nominees on My friend, the distinguished Senator the way it is. the floor, including Rosemary Barkett, from Idaho, voted against Judge Sonia The senior Senator from Idaho has born in Mexico, who emigrated to the Sotomayor, the first Hispanic female talked about the need to have a vote on United States. She had a great rating appointed to the circuit, and Judge Estrada. It is within the total power of from the ABA, before Fred Fielding Richard Paez confirmed to the Ninth the majority to have a vote. How do was on the committee, and he does not Circuit after 1,520 days following his they have a vote? The rules in this write her evaluation report. nomination. In fact, the distinguished body have been the same for a long By the way, the one thing on which I senior Senator from Idaho not only time: File a motion to invoke cloture. agree with the Republicans: They were voted against Judge Paez’s confirma- Why does the Senate have a rule such right in saying the ABA should be out tion, before that vote on March 9, 2000, as this? The Senate of the United of the process. I will join with anyone but also voted on that day to indefi- States, as our Founding Fathers said, in the future to get the ABA out of the nitely postpone the nomination of is the saucer that cools the coffee. The process. It is corrupt, unethical; there Richard Paez. I find it fascinating that someone Constitution of the United States is a are absolute conflicts of interest. The who voted to indefinitely postpone a document that is not to protect the Republicans were right; it has been un- vote on Paez would now say that majority; this Constitution protects fair. Estrada is entitled to an immediate minorities. The majority can always I cannot imagine that body having vote on his nomination. protect itself. The Constitution pro- thousands of—— tects the minority. If the majority Mr. CRAIG. Will the Senator yield? Mr. CRAIG. Will the Senator yield? Mr. REID. I am happy to yield, al- wants to vote, it can invoke cloture— Mr. REID. In one second, I will though I do not lose my right to the try to. It takes 60 votes. No question yield—thousands of lawyers, and they floor. about that. Then they can have the up- cannot get people who would be fair Mr. CRAIG. Madam President, the or-down vote that they want. and reasonable and do not appear to Senator is absolutely right. I did vote All the crocodile tears are being shed have conflicts of interest? It is ripe to against those judges, as I said on the for this man who is fully employed get rid of it. floor a few moments ago. I voted for downtown here with a big law firm, Mr. CRAIG. I would not deny the some of the Clinton judges and against making hundreds of thousands of dol- Senator the right to the floor. I am cu- some of them based on philosophy. The lars a year. We are holding up the work rious, for the 8 years of the Clinton ad- question I ask, though, is, Did I ever of this country that deals with prob- ministration, this was the gold plate. deny the Senate the right to go to a lems that people who do not make that The American Bar Association quality vote? Did I ever filibuster as the Sen- kind of money have, people who are test was a gold plate. I said wait a mo- ator’s party is now doing on this issue? struggling to make sure they can pay ment here and voted against some of Mr. REID. I say to my friend that we their rent, make their house payment, them. had to vote cloture on Paez. That is pay their car payment, that they can Mr. REID. I respond to my friend, I how we got a vote on Paez. That is how find enough money to get to work on said on the Senate floor today in the that came about. We had to invoke clo- public transportation, people who need presence of the chairman of the Judici- ture, and we had enough people of a minimum wage increase, people who ary Committee, they were right. I ac- goodwill on the other side of the aisle have no health care; they cannot take knowledge that. who joined with us to invoke cloture. their children to the hospital when Mr. CRAIG. A year makes a lot of So the debate stopped. they are sick, and if they do, they difference, in the opinion of the Sen- Mr. CRAIG. I see. know they are going to be billed large ator? Mr. REID. Madam President, as I was sums. Some places do not have indi- Mr. REID. Knowledge makes a dif- saying before, the question was asked. gent hospital care. We know there are ference. I am not a member of the Judi- Senator CRAIG voted against the mo- many people who are underinsured, as ciary Committee. tion to invoke cloture on the debate on Senator KENNEDY and I talked about. Mr. CRAIG. And I am a freshman Paez who was pending for more than There are 44 million who do not have there. 1,500 days. health insurance. Those are the prob- Mr. REID. I think the ABA should be I want everyone within the sound of lems with which we should be dealing. ashamed of themselves. my voice to hear this. As Senator The Clark County School District in I said this morning, I practiced law DASCHLE and I said, when the Demo- Las Vegas is the fifth or sixth largest quite a few years before coming here. I crats took over control of the Senate, school district in America. A quarter of was not a member of the ABA for a we said it is not payback time no mat- a million children need help. The number of reasons. Had I known this, I ter how bad President Clinton was school district is in dire need of help. would really not have been a member. treated. And we could go into a long The Leave No Child Behind is leaving a Lawyers all over America—we have, harangue about how unfair it was. I lot of kids behind because there is no going back to biblical times, had prob- will not even mention a few of the money to take care of the problems. lems with lawyers. judges. The record is replete with ex- We met with Governors today for Mr. CRAIG. That is why—— amples of how poorly they were treated lunch, and they were told when they Mr. REID. The ABA, I cannot think and how unfairly they were treated. We met with the President yesterday for of a better phrase than that they did not have payback time when we Leave No Child Behind they are sup- should be ashamed of themselves for were in the majority, and it is not pay- posed to do the testing, and if that does what they have done. back time when we are in the minority. not work out, they are supposed to This is off the subject, but I will get We approved, during the short time take care of the other problems. That back on the subject. I believe all Presi- that we had control of the Senate, 100

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2664 CONGRESSIONAL RECORD — SENATE February 25, 2003 judges—exactly. Three judges have The other thing that I find so inter- resent them. To have standing to chal- come before this body for a vote. They esting is the majority is complaining lenge Government action. were approved unanimously. about the District of Columbia Circuit At the same time, the DC Circuit be- The situation with Miguel Estrada is Court being so understaffed. What they came less deferential to agency regula- a little bit different. It is a little bit are saying now is that this DC Circuit tions intended to protect consumers different. It is a lot different. It is tre- is so understaffed that we have to do and workers. These decisions were mendously different because this is a something about this. praised by Republican activists. man about whom speeches have been As my friend from Utah said to me, With a Democratic Senate, President given all over town. He is so good that make a difference. As I indicated to Clinton was able to name two moderate he is going to go to the Supreme Court. him about the ABA, I didn’t know as judges to this court in order to mod- It triggered something in the mind of much then as I know now about the erate this bench. However, once Repub- the members of the Judiciary Com- ABA. licans took over, they tried to prevent mittee. If that is the case, maybe we But what I wanted to talk about here any more Democratic appointees from should ask him some questions. My is the DC Circuit Court problems. They getting on this court. dear friend from Utah, from our sister talked about double standards on that So it is simply incorrect—and I hope State and neighboring State, had on side of the aisle today. Let me give you not intentionally—to claim that Gar- his desk books—look at all the answers a couple of examples. land waited only 71 days between his he has given. There are answers, and DC Circuit Court nominees Elena nomination and his confirmation. It then there are answers. He didn’t an- Kagan, Allan Snyder, and Merrick Gar- was a matter of years, not days—al- swer the questions. That was our con- land. Senator CORNYN remarked that most 2 years. cern. He responded to questions, but he Judge Garland was confirmed in only a Why did he have to wait so long? didn’t answer them. few months. Today the Senator re- Once Republicans took over the Sen- We believe that what has gone on in peated that claim using the chart that ate, they decided to try to prevent the past is not something we want, so said Garland waited only 71 days from President Clinton from filling circuit in this situation I am able to say here his nomination to confirmation. court vacancies, especially in the DC that 2 days ago everything has been If only that were the case, but all you Circuit. In fact, during their time in said but not everyone has said it. We have to do is talk to Judge Garland and the majority, vacancies on the appel- are in a new phase of this debate. Ev- look at the real record. Judge Garland late courts more than doubled, to 33, erything has been said and everybody was first nominated in 1995—the year during their 61⁄2 years in control of the has said it. So now it is just repeat the Republicans took over the Senate— Senate. time. I am going to do a little repeat and not allowed to be confirmed until I believe Republicans decided to pre- time. 1997, hardly a few months. vent President Clinton from bringing I know my friend from New York The prior two Republican adminis- any balance to the DC Circuit. As you wishes to speak. I will be as quick as I trations under President Reagan and know, the Republicans had named 11 can, but I do want to respond to some George W. Bush appointed 11 judges to judges to this powerful 12-member of the questions that have been raised the 12-member court. When President court. in the last bit by my colleagues on the Reagan came to Washington, there was First, when Garland was nominated other side of the aisle. a concerted effort to pack this court in to the 12th seat, Republicans said the In 1996, Republicans allowed no—zero particular with activist judges in the DC Circuit did not need a 12th judge. percent, absolute number zero—circuit hopes of limiting opportunity for citi- For example, the distinguished senior court nominees to be confirmed. In zens to challenge regulations and lim- Senator from Iowa, Mr. GRASSLEY, said 1997, they allowed 7 of just 21 of Presi- iting constitutional power to enforce that this judgeship cost $1 million a dent Clinton’s 21 circuit court nomi- hard-fought constitutional and statu- year and did not need to be filled due nees, one-third. Only 5 of President tory rights to protect workers and to to those costs. Clinton’s first 11 circuit nominees that protect the environment. Then Senator GRASSLEY said he was same year were confirmed. In 1998, Re- President Reagan, with the help of relying on the view of a Republican ap- publicans allowed 13 of the 23 pending the Senate, put activist Robert Bork pointee to this court, Judge Silberman. circuit court nominees to be con- on the DC Circuit. Like Miguel Judge Silberman—you can read about firmed. That percentage was pretty Estrada, Bork was one of the first him in a number of different places, in- good—the best year for circuit court judges nominated by that President. cluding the book ‘‘Blinded by the nominations and 6.5 years in control of Shortly after winning Bork’s confirma- Right,’’ written by Mr. David Brock, the Senate. In 1999, Republicans backed tion to the circuit in 1982, President where this man, who was an activist down to 28 percent and allowed 7 of the Reagan pushed through the Scalia for the far right, would meet with this 25 circuit court nominees to be con- nomination to the DC Circuit, and Ken judge, while he was sitting on the firmed—about 1 of over 4. Starr the following year. bench, walking to his anteroom, and Four of President Clinton’s first 11 That is a real lineup. Bork, Starr, talk about political strategy on how to circuit court nominations that year Scalia—quite amazing. He named an- embarrass Democrats, talk about polit- were not confirmed. In 2000, Repub- other five conservatives after that for a ical strategy, what to do to embarrass licans allowed only 8 of 26, 31 percent. total of eight appointments to the the President of the United States and All but one of the circuit court can- court alone in his 8 years as President. the First Lady of the United States. didates were initially nominated that The first President Bush took a simi- That is Judge Silberman. year without confirmation. larly special interest in the DC Circuit Judge Silberman recently told the Republicans simply have no standing and chose Clarence Thomas to be one Federalist Society that judicial nomi- to complain that 100 percent of Presi- of his first dozen nominees. Thomas, nees should say nothing in their con- dent George W. Bush’s circuit court who I had the pleasure of voting firmation hearings—the same advice he nominees have not be confirmed. The against when he came before the Sen- gave Scalia when Silberman was in the recent issue makes it plain. Democrats ate, was one of two other nominees of Reagan White House. And, as you know have been far better to this President the first President Bush. Four of the 11 with Scalia, a nominee’s silence on an than they were to President Clinton. judges put on the District of Columbia issue certainly does not guarantee that Under Republicans, as a consequence, Circuit were later nominated by the a nominee does not have deeply held the number of vacancies on the circuit Republican Presidents to the Supreme views on an issue. courts more than doubled—from 16 in Court. Yesterday, I went into some detail January 1995 to 33 by the time the Sen- During the period when Republicans about my respect for the ability of ate was reorganized in the summer of had nominations to that court—when Judge Scalia to reason. This is a log- 2001. Republicans allowed only 7 circuit Scalia and Thomas served there—the ical man, a brilliant man. But we, for court judges to be confirmed per year; court, clearly any legal scholar can tell various reasons, knew quite a lot about on average, we confirmed 17 in just 17 you, began to limit opportunities for Scalia. He had written opinions before months. individual citizens and judges to rep- he went to the Supreme Court. And

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2665 even though some of us may not have and Wilkinson—the DC Circuit would Now the Republicans want to say it agreed with his judicial philosophy, no need only 9 judges to handle these is wrong and unconstitutional to need one—no one—can dispute his legal at- cases, not 10 or 11 or 12. 60 votes. It is not quite worth a hearty tributes, his legal abilities, his ability In fact, under their analysis, 8 DC laugh, but it is sure kind of funny for to reason and think. Circuit judges could probably handle them to say it is unconstitutional. Un- Scalia recently authored a majority the 1,400 appeals if each judge took a constitutional that we are following opinion for the Supreme Court in favor few more cases on average—175 rather the Constitution—article II, section 2, of the Republican Party of Minnesota than 162. In fact, the First Circuit had of the Constitution? that ABA-modeled ethics rules could 1,463 appeals that year, more than the Now Republicans want to say it is not prevent a judicial candidate from DC Circuit, but they only have 6 wrong and unconstitutional to need 60 sharing his views on legal issues. That judges. votes—more than a majority—to end a was Scalia, the person I just bragged So let me be as clear as I can. I am debate under longstanding Senate about. not saying that the DC Circuit needs rules, but it is not antidemocratic and While there might have been some only eight judges and that Estrada and unfair for Republicans to allow just ambiguity about how much a judicial Roberts are people for whom they one member of their own party—maybe candidate could say before that Su- should not have submitted their two or three—to prevent a vote up or preme Court decision last summer, names. I am simply saying that these down on a judicial nominee, or at least after that decision there is none now, were the Republican arguments against allow us to file a motion to invoke clo- and Mr. Estrada has no ethical basis confirming Merrick Garland and any ture; that is, when a Democrat was for refusing to answer the questions other Clinton appointees to that court. President. that we say he has not answered. Now they are strangely silent on the Madam President, I know the Sen- Let’s talk about Silberman a little plummeting caseload of the DC Circuit ator from New York is here to speak. Is more. and whether it is important we spend that true? I will have plenty of oppor- He told Senator GRASSLEY that the $1 million per year for each job. tunity at a subsequent time to speak. addition of another judge on that court These saviors of the budget—the ma- But there will be a time when I respond would make it ‘‘more difficult’’ ‘‘to jority—and they are responsible, along to the statement the junior Senator maintain a coherent stream of deci- with the President, for the largest def- from Texas made yesterday regarding sions.’’ Surely he did not mean that icit in the history of the world, almost the Senate’s role on confirmations. I the addition of a Democrat appointee $500 billion this year—are not con- look forward to doing that. to that court filled with Republican ap- cerned, I guess, about $1 million per I apologize to my friend from New pointees would make it more difficult year. Because you are talking about York. She had duty here at 5 o’clock, to have unanimous decisions by mostly four judges or so, and that is only $4 and I have taken far too much time. Republican panels. million. And when we have a deficit ap- I did want to respond to some state- My friend Senator GRASSLEY and proaching $500 billion, I guess that is ments made when the Senator from other Republicans also relied on the chump change. New York was not on the floor. I felt it views of another Republican appointee, After delaying Garland from 1995 to was important that the record be made Judge J. Harvie Wilkinson of the 1997, 23 Republicans still voted against clear. Fourth Circuit. I don’t know much the confirmation of this The PRESIDING OFFICER. The Sen- about Harvie Wilkinson. I don’t know uncontroversial and well-liked nomi- ator from Utah. if he is giving advice about how to em- nee. I think it is important note that, Mr. BENNETT. Madam President, I barrass Democrats in his judicial ca- despite Garland’s unassailed reputation understand that the Senator from New pacity, which is unethical and against for fairness, Republicans forced him to York wishes to speak. I don’t wish to the canons of judicial ethics. But I wait on the floor all this time—even delay her, but in the spirit of going don’t know anything about Harvie after he was voted out of committee— back and forth, I have sought to be rec- Wilkinson, other than what I am going 11 months on the floor. ognized. I will not take a great deal of to tell you right now. He said: Clinton’s two other nominees to the time because I want to be sure the Sen- [W]hen there are too many judges . . . DC Circuit were not nearly as fortu- ator from New York is given the proper there are too many opportunities for Federal nate. Elana Kagan and opportunity to speak. intervention. were never allowed a committee vote Mr. REID. Madam President, because So this makes me think that the op- or a floor vote. They were held up by of the graciousness of the Senator from position to Garland getting a vote was anonymous Republicans. Utah, I ask unanimous consent that pretty political. That is worse than what we are following the statement of the Senator Well, then look at what happened. doing—absolutely, totally worse. What from New York, the Senator from Utah Another Republican appointee to the we are doing is within the rules be- be recognized. DC Circuit retired, and then the Repub- cause you have rules that you can fol- Mr. BENNETT. Madam President, I licans said the DC Circuit did not need low. If it is not put out of committee, would object because I have the floor. an 11th judge on that court. Garland you have no recourse. If they had Mr. REID. I am sorry. I thought you would have then been the 11th judge in- brought it to the floor, we could have were going to let her speak. stead of the 12th. at least tried to invoke cloture. And Mr. BENNETT. I do intend to let her So the Republicans came to the floor that is what the majority can do now. speak, but I would like to give my stating that the declining caseload of They did not even give these two statement first. the DC Circuit did not warrant the ap- qualified people—both of whom grad- Mr. REID. I didn’t understand that. pointment of a Clinton appointee. They uated first in their class, Harvard— Then I ask unanimous consent that the argued that 10 judges could handle the they were never even allowed a com- Senator from New York be recognized 1,625 appeals filed in the then-most-re- mittee vote, or certainly not a floor following the Senator from Utah. I cent year for which statistics were vote. They were held up by anonymous would say to the Senator from Utah, available. Republicans. the Senator from New York has been I can only imagine what the Repub- Now, we are not doing anything in waiting a long time, so in the matter of licans would be saying now if Gore— the dark of the night. We do not have who has been here the longest, it has who got more votes in the last election anonymous holds on Miguel Estrada. been her. than did the President—if he had won We are out here on the floor saying, we The PRESIDING OFFICER. Without the Supreme Court case in that elec- want information on him. Until we get objection, it is so ordered. tion recount. Now, the number of cases it, we are going to vote against this Mr. BENNETT. I thank my friend filed in the DC Circuit has fallen by an- man. And I assume these anonymous from Nevada. I sit behind him. He may other 200 per year, down to 1,400 in 2001, holds—I don’t know how many it was— not have noticed how long I was wait- the most recent year for which statis- one, or two, or three, or four, or five ing. tics are available. So under their anal- Republicans in the dark of the night I have been interested in this debate. ysis—that is, the analysis of Silberman preventing a vote. It goes on. As the Senator from Nevada

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2666 CONGRESSIONAL RECORD — SENATE February 25, 2003 has said, just about everything that land and Rogers faced nothing like the in- ity. If you are amending the Constitu- can be said has been said. But at the quest to which Estrada was subjected. Both, tion, you have to have a two-thirds ma- same time the country is beginning to along with Judge David Tatel—the other jority. These are serious enough mat- Clinton appointee now on the court—faced ters, with long-term impact, that they discover this debate. While everything only a brief and friendly hearing. may have been said on the floor, it must have a two-thirds majority. I would note, outside of the article, seems that not everything has been They could have said: The advise and that that brief and friendly hearing said out in the country. It is inter- consent power always requires a super- was under Republican auspices because esting to me that we are getting more majority, but they did not. The Found- Republicans controlled the Senate. and more editorial comment through- ing Fathers made it very clear those Back to the article: out the Nation on this issue. specific areas where a supermajority One that came to my attention just And none was pushed to give personal would be required and then left it to an views on those matters on which his or her ordinary majority on the advise and this morning is in this morning’s sense of propriety induced reticence. To be Washington Post. Those who get upset sure, there was no controversy surrounding consent power with respect to Presi- about what they believe is the liberal the fitness of any of the Clinton nominees, so dential nominations. And throughout bias of the newspapers usually do not the situation is not quite parallel. When Gar- the entire history of the Republic, we include the Washington Post among land, a moderate former prosecutor who had have followed the pattern of a simple the list of those publications favorable recommended the death penalty, said he majority for the advise and consent to Republicans. There are columnists could apply the law of capital punishment, power to be exercised by the Senate. there was no reason to suspect he might be in the Washington Post that are con- Make no mistake, if the Senate sets shielding views that would make him dif- the precedent in the Estrada case that sidered favorable to Republicans. Mr. ficult to confirm. By contrast, many Demo- Novak comes to mind. But the Post crats suspect that Estrada’s refusal to dis- the advise and consent power from this itself is considered to be part of the cuss Roe is intended to conceal his allegedly time forward requires a supermajority leftwing media, according to those on extremist views. But that only begs the of 60 votes, they are changing forever talk radio. question of why Estrada is controversial in the pattern of the Senate’s relationship So when someone who is part of the the first place that Democrats think it ap- to the executive branch in this area. I establishment of the Washington Post propriate to demand that he bare his judicial am not one who says that is unconsti- editorial page speaks out on this issue soul as a condition of even getting a vote. tutional. I think it is within the power and says something contrary to that This is the conclusion of this portion of the Senate. I disagree with those which is normally assumed to be the of the op-ed piece: who are saying it violates the Con- party line of the mainstream media, it Nothing about his record warrants aban- stitution. I think it violates the intent is worth noting and commenting on. doning the respect for a nominee’s silence of the Framers of the Constitution. I In this morning’s Washington Post, that has long governed lower court nomina- think that is very clear. But it is with- tions. Benjamin Wittes, a member of the edi- And silence is the only honorable response in the power of the Senate to do that if torial page staff, has an op-ed piece en- to certain questions. It is quite improper for we want. titled Silence is Honorable. nominees to commit or appear to commit As I have said before, we on our side I would like to quote from it at some themselves on cases that could come before of the aisle discussed this when we length. This is how Mr. Wittes begins: them. were faced with those nominees from Asked whether the Constitution evolves That is the end of that quote. This is President Clinton whom we considered over time, the nominee to the U.S. Court of the standard we followed in this body controversial. There were those in our Appeals for the District of Columbia Circuit for many years. I will not pretend that conference who insisted that we must told the Senate Judiciary Committee that, members of the Judiciary Committee do that—change the pattern and re- while such debates were interesting, ‘‘as an of both parties in Congress, controlled quire President Clinton’s nominees to appellate judge, my obligation is to apply pass the 60 point bar. To his credit, my precedent.’’ Asked whether he favored cap- by both parties, would use the Judici- ital punishment, a nominee said only that ary Committee, the blue slip process senior colleague from Utah argued the death penalty’s constitutionality was and other patterns of senatorial cour- firmly against that. Even though he ‘‘settled law now’’ and that he didn’t ‘‘see tesy to keep people from getting to the was against the nominees in some any way in which [his] views would be incon- bench. That is part of our history. That cases, he said we must not change the sistent with the law in this area.’’ has always been done. But once a hear- historic pattern that says once a nomi- Miguel Estrada, one of President Bush’s ing has been held and the committee nee is voted out of the committee, he nominees to the D.C. Circuit, is facing a fili- or she gets a clear up-or-down vote by buster by Democratic senators who claim has voted out a nominee, we have al- that his refusal to address their questions at ways allowed that nominee to go to a a majority. To his credit, the Repub- his hearing—combined with the White vote. That is the standard that has lican leader at the time, the majority House’s refusal to release his memos from been established in this body. That is leader, Senator LOTT, said exactly the his days at the solicitor general’s office— the standard that has been followed by same thing: We must not go down that makes him an unreadable sphinx. Yet the Democrats and Republicans alike. And road. Those in our conference who said careful answers quoted above are not that is the standard that is being let’s do it on that particular judge Estrada’s. The first was given by Judge Ju- changed in this circumstance. agreed and backed down, and no matter dith Rogers at her hearing in 1994, the second The Senator from Nevada talked a how strongly people on this side of the by Judge Merrick Garland the following year. Both were named to the bench by good bit about the Constitution and aisle felt about a particular judge, President Clinton. Neither was ever accused questions that have been raised about there was never an attempt to use the of stonewalling the committee. And both constitutionality by the Republicans. I filibuster power to change what we were confirmed. would simply point out this obvious considered to be the clear intent of the But the rules they are a-changin’, and an- fact with respect to the Constitution Founding Fathers and change the ad- swers barely distinguishable from these are on this question: The Founding Fa- vise and consent situation, where there no longer adequate. Asked whether he thers gave the power to advise and con- was an additional supermajority re- thought the Constitution contained a right sent in certain executive decisions to quired, an additional supermajority to privacy, Estrada said that ‘‘the Supreme Court has so held and I have no view of any the Senate. The Founding Fathers rec- added to that which the Founding Fa- nature whatsoever . . . that would keep me ognized that the power to advise and thers themselves wrote into the Con- from apply[ing] that case law faithfully.’’ consent was a very significant one, an stitution. Asked whether he believed Roe v. Wade was unusual one held solely to the Senate. Now the Democrats have decided correctly decided, he declined to answer. So they outlined those areas where the they are going to do that. It is their While he has personal views on abortion, he power to advise and consent would re- right. To me, it signals a determina- said, he had not done the work a judge would quire a supermajority. tion on their part that they expect to do before pronouncing on the subject. Roe The Founding Fathers said: If you be in the minority for a long time. One ‘‘is there,’’ he said. ‘‘It is the law . . . and I will follow it.’’ are advising and consenting on a trea- of the reasons Senator HATCH gave for The real difference between Estrada’s ques- ty, which becomes law when it is rati- us not to do it was, we will have an op- tioning and that of Garland and Rogers is fied, equal to the Constitution, then portunity in the future to be voting on not that Estrada held back. It is that Gar- you have to have a two-thirds major- nominees offered by a President of our

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2667 own party, and if we do this to the Mrs. CLINTON. Yes. Those who are on the floor and pre- other party, they will then feel com- Mr. DORGAN. I ask unanimous con- pared to speak, I expect that is the way fortable in doing it to the nominees of sent that I may speak following the we ought to recognize people. our party; let’s just not do that. speech of the Senator from New York. Mr. BENNETT. I thank my friend for I think by deciding to do this on this Mr. BENNETT. I object. There is a his consideration. I say to him he nominee, the Democrats have virtually Republican speaker coming. I would caught me at somewhat of a disadvan- conceded the fact that they do not ex- amend the UC request to say that Sen- tage in that I am the only one on the pect another Democratic President for ator TALENT, if he is on the floor, be floor and didn’t know what was going long time. They believe they will be in recognized first, and then Senator DOR- on. I am trying to accommodate people the minority for a long time and, GAN be recognized. on both sides, which is why I want to therefore, they must establish this The PRESIDING OFFICER. Is there make sure the Senator from North Da- weapon as one of the weapons they will objection? kota is recognized to speak. use as part of the minority to obstruct Mr. DORGAN. Reserving the right to Mr. DORGAN. Madam President, con- the activities in the Senate for a long object, I have not followed the order on tinuing to reserve the right to object, time to come. the floor of the Senate today. I don’t if this is the process, I will simply at I hope they decide ultimately to bet know whether the Senator from Utah some appropriate point ask for a time on the future. I hope they decide ulti- has. I was told I would be recognized at certain to speak tomorrow and will be mately they do expect that there will 5:30 and was prepared to do that. If here promptly at that time. I am here be a Democratic President sometime in there has been a process today in which now and those who the Senator from the future, that they do expect there Republicans and Democrats follow each Utah is attempting to protect are not will be a Democratic Senate sometime other precisely, then I will understand here. I will not object because I do not in the future and they want to save for what the Senator from Utah is trying want to interrupt an order apparently the future the right that every Presi- to do. If not, I am here. The reason I they think on that side exists. If that, dent, Democrat or Republican, and am here is to present remarks fol- in fact, is the order, we will certainly every Senate, Democrat or Republican, lowing the Senator from New York. If make sure that is the case for people has maintained since the founding of others wish to be involved in the line- on both sides of the aisle as we proceed. the Republic 21⁄2 centuries ago. up, I will be happy to entertain that. I Mr. BENNETT. I would expect the Madam President, if I may go back to guess I don’t understand the cir- Democratic leader to be sure of enforc- the article written by Benjamin Wittes cumstance under which the Senator ing the same process on behalf of Sen- in this morning’s Washington Post from Utah is opposing this. ators on his side of the aisle. that summarizes the implications of Mr. BENNETT. I am not sure what Mr. DORGAN. Madam President, I do going in this direction and what it will the circumstance was prior to my com- not think that is the most efficient use do long term, he says: ing to the floor either. I was told we of time in the Senate. It seems to me Not knowing what sort of judge someone were going back and forth. If I might those who are here want to be recog- will be is frustrating, but that is the price of inquire as to how much time the Sen- nized to proceed. Recognizing it is not judicial independence. While it would be nice ator would use, perhaps there would be the most efficient use of time, I will to know how nominees think and what they not object to the request by the Sen- believe and feel, the price of asking is too no problem. Mr. DORGAN. It was my intention to ator from Utah. high. The question, rather, is whether a Mr. BENNETT. I thank my friend. nominee will follow the law. Estrada has said consume an hour, but I will not do The PRESIDING OFFICER. Without that he will. Those who don’t believe him are that; it will be a half hour. I would cer- duty bound to vote against him, but they objection, it is so ordered. The Senator tainly be accommodating to anybody from New York. should not oblige nominees to break the si- else. I would like to speak, and others lence that independence requires. Mrs. CLINTON. I thank the Chair. are not here. I don’t intend to inter- Madam President, I have been, as I That is what our friends on the rupt. If there is an order established, I Democratic side are doing. They have said, listening with great interest to do not want to interrupt that. I don’t the debate on this issue. It is a very never demanded it before. We did not know that to be the case. demand it of their nominees. They are significant and important debate. As I Mr. BENNETT. I don’t know that to often do when I come to the Chamber, changing the rules—‘‘the rules they are be the case all day long. I do know that a’changing,’’ as Mr. Wittes points out. I imagine, instead of being a Senator was the case earlier. Reserving the with the great honor of representing I ask my friends on the Democratic right for my friend who is anticipating side to think long and hard about the the State of New York and speaking in to be here at 6, and was told in advance this Chamber, that I am just another long-term consequences of changing he could be here at 6, I renew my unan- the rules—changing the rules, as Mr. citizen, as I have been most of my life, imous consent request that following watching the debate on C–SPAN or one Wittes talks about it, in terms of what the Senator from New York, the Sen- is demanded of nominees; changing the of the other television networks that ator from Missouri, Mr. TALENT, would rules as we are talking about it here in might cover parts of it, and I would be be recognized to speak, after which the terms of the supermajority that would asking myself: What is this all about? Senator from North Dakota, Mr. DOR- be added to the existing constitutional Why has so much time been consumed GAN, would be recognized. in the Senate over this one nominee? requirement of the Senate as it per- The PRESIDING OFFICER. Is there forms its role in advising and con- The bottom line answer is that this objection? side of the aisle has a very deep con- senting to executive nominations. Mr. DORGAN. Reserving the right to With that, I yield the floor. cern about any candidate seeking a The PRESIDING OFFICER. The Sen- object—and I will now object—if the lifetime position who refuses to answer ator from New York is recognized. other side wishes to protect people who the most basic questions about his ju- Mrs. CLINTON. Madam President, I are not here in deference to those who dicial philosophy. And that, in fact, to thank the Senator from Utah for his are here, I expect the Senator from permit such a candidate to be con- kindness and consideration with re- Utah would want us to do the same firmed without being required to an- spect to the order. I was happy to have thing on this side of the aisle. If a Re- swer those questions is, in our view, a the opportunity to hear him, as I often publican is waiting to speak, and a fundamental denial and repudiation of am. Democrat is not yet on the floor, but our basic responsibilities under the ad- With respect to the arguments that someone here says it is really the op- vice and consent clause of article II, have been made in the last hour or so, portunity for the Democrats to speak section 2, of the U.S. Constitution. I think it is clear that there is a funda- even if the Republican is here, we will Earlier this afternoon, as I was wait- mental difference of opinion regarding object. So I guess I understand the ing for my opportunity to speak, I the Senate’s obligation and duty under point the Senator from Utah is mak- heard the Senator from Idaho admit the advise and consent clause of the ing. I will not object to his request as that he had, based on philosophy, voted U.S. Constitution. long as he understands that we will do against certain nominees who had been Mr. DORGAN. Will the Senator yield that, I suppose. I don’t think it is the sent to the Senate by President Clin- for a unanimous consent request? most efficient way of handling things. ton. I happen to think that is a totally

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2668 CONGRESSIONAL RECORD — SENATE February 25, 2003 legitimate reason to vote for or against refuse to answer the questions posed by overruled ABA model restrictions a nominee. I happened to agree with a Judiciary Committee member. against candidates for elective judicial the Senator from Idaho when he said If there were any doubt about this office from indicating their views. I he voted against nominees by Presi- standard, all doubt was removed last think the reasoning is applicable to dent Clinton based on philosophy. That year. How was it removed? It was re- those who are nominated and con- is an integral part of the advise and moved in a Supreme Court opinion ren- firmed by this body for important judi- consent obligation. dered by Justice Scalia arising out of a cial positions within the Federal judi- The problem that we have on this case brought by the Republican Party ciary. side of the aisle is we cannot exercise concerning the views of judges. Justice Scalia explained in the ma- the advise and consent obligation be- For the record, I think it is impor- jority opinion, even if it were possible cause we do not get any answers to tant we understand this because per- to select judges who do not have pre- make a determination for or against haps some of my colleagues have not conceived views on legal issues it this nominee based on philosophy. I been informed or guided by the latest would hardly be desirable to do so. could not have done a better job than Supreme Court decisions on this issue, I want my friends on the other side the Senator from Idaho did in summing but I think they are not only relevant, to hear the words of one of the two fa- up what the problem is. I thank the they are controlling, to a certain ex- vorite Justices of the current Presi- Senator from Idaho for being candid, tent, when we consider how we are sup- dent, Justice Scalia: Even if it were for saying he voted against President posed to judge judges. possible, it would not be desirable. Clinton’s nominees based on philos- Republicans focus on the ABA model Why? Because, clearly, we need to ophy. code that judicial candidates should know what the judicial philosophy is. We could resolve this very easily if not make pledges on how they will rule Judges owe that to the electorate, if the nominee would actually answer or make statements that appear to they are elected; to the Senate if they some questions, legitimate questions commit them on controversies or are appointed. that would permit those of us who have issues before the court. They are, un- Justice Scalia goes on: Proof that a to make this important decision and derstandably, using this as some kind justice’s mind at the time he joined the are not just saluting and following or- of new threshold set by Mr. Estrada court was a complete tabula rasa in the ders from the other end of Pennsyl- who refused to answer even the most area of constitutional adjudication vania Avenue, by being able to look basic questions about judicial philos- would be evidence of lack of qualifica- into the philosophy and then deciding: ophy or his view of legal decisions. tion, not lack of bias. And since avoid- Are we for this nominee or are we Some judicial candidates, it is true, ing judicial preconceptions on legal against this nominee? go through with very little inquiry. issues is neither possible nor desirable, This nomination would also be expe- They come before the Judiciary Com- pretending otherwise by attempting to dited if the President and his legal mittee. They are considered main- preserve the appearance of that type of counsel would respond to the letter of stream, noncontroversial judges. impartiality can hardly be a compel- February 11 sent to the President by Frankly, the Senators do not have ling State interest, either. In fact, that the minority leader and the distin- much to ask them. They go through is Justice Scalia quoting Justice guished ranking member of the Judici- the committee. They come to the floor. Rehnquist. ary Committee asking for additional That is as it should be. Were it pos- Before this decision, some judicial information on which to make a deci- sible, that is the kind of judge that candidates may have thought—and sion concerning this nominee, and, in should be nominated—people whose some of my colleagues may have fact, both Senators Daschle and Leahy credentials, background, experience, thought—that judicial candidates are very explicit about what informa- temperament, and philosophy is right could not share their views on legal tion is required. I will reiterate the re- smack in the center of where Ameri- issues, and I think that might have quest. Specifically, they asked the cans are and where the Constitution is been a fair assessment of the state of President to instruct the Department when it comes to important issues. the law at that time. But that is no of Justice to accommodate the request When someone does not answer ques- longer a fair assessment. for documents immediately so that the tions or when they are evasive, it takes A judicial candidate cannot be com- hearing process can be completed and longer and you keep asking and you pelled to share his views, but Justice the Senate can have a more complete ask again and again. That was, unfor- Scalia tells us that a judicial candidate record on which to consider this nomi- tunately, the case with this particular who does not share his views refuses to nation and, second, that Mr. Estrada nominee. do so at his own peril, and that is ex- answer the questions he refused to an- The Republican Party sued the State actly what this nominee has done. At swer during the Judiciary Committee of Minnesota to ensure their can- his own peril, he has gotten his march- hearing to allow for a credible review didates for judicial office could give ing orders from the other end of Penn- of his judicial philosophy and legal their views on legal issues without vio- sylvania Avenue, from all those who views. lating judicial ethics. Republicans took advise judicial nominees, from the Fed- I would argue, we are not changing that case to the Supreme eralist Society and all the rest of those the rules. In fact, we are following the Court. In an opinion by Justice Scalia, organizations, not to answer any ques- rules and the Constitution, and we are the Supreme Court ruled that the eth- tions, to dodge all of the issues, to pre- certainly doing what the Senator from ics code did not prevent candidates for tend not to have an opinion about any Idaho said very candidly he did with re- judicial office from expressing their Supreme Court case going back to spect to President Clinton’s nominees. views on cases or legal issues. In fact, Marbury v. Madison. We are trying to determine the judicial Justice Scalia said anyone coming to a Well, he does so, in Justice Scalia’s philosophy of this nominee in order to judgeship is bound to have opinions words, at his peril. That is what has exercise our advise and consent obliga- about legal issues and the law, and brought this nomination to this floor tion. there is nothing improper about ex- for all these days, because this nomi- I have also been interested in my pressing them. nee wants to be a stealth nominee. He friends on the other side of the aisle Of course, we do not and should not wants to be a nominee who is not held talking and reading from newspapers expect a candidate to pledge that he is accountable for his views so that we and asserting that we are somehow re- always going to rule a certain way. We who are charged under the Constitu- questing more information from this would not expect a candidate, even if tion to make this important judgment nominee than from other nominees and he agreed that the death penalty was cannot do so based on his judicial phi- that, in fact, it is honorable not to an- constitutional, to say: I will always up- losophy. swer relevant questions from Judiciary hold it, no matter what. That would be Justice Scalia has a lot to say to my Committee members. It may be honor- an abuse of the judicial function and friends on the other side. If it were pos- able by someone’s definition of honor, discretion. sible to become a Federal judge, with but it is not constitutional. It is fun- Specifically, in Republican Party of lifetime tenure, on the second highest damentally against the Constitution to Minnesota v. White, the Supreme Court court of the land, without ever saying

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2669 anything about your judicial philos- ecutive; let him name whoever he portant we join hands and work on this ophy, I think that would be aston- wants. Or they could have said: No, issue along with many others who af- ishing. It would be troubling. It would let’s put it in the jurisdiction of the fect the lives of children as well as men run counter to the Constitution and to legislature; let them name whoever and women across America. this opinion written by one of the most they want. Instead, as is the genius of Occasionally, a movie comes to the conservative members of the current our Founders and of our Constitution, screen that brings to life the stories Court. there was a tremendous bargain that that have become routine in the news- Mr. Estrada basically has come be- was struck, rooted in the balance of papers and that we too often ignore— fore this Senate and claimed he cannot power that has kept this Nation going the stories of children living with give his view of any Supreme Court through all of our trials and tribu- abuse and neglect, shuffled in and out case without reading the briefs, listen- lations, all of our progress, that bal- of our foster care system, often with ing to the oral argument, conferring ance of power which said we do not little guidance from or connection to with colleagues, doing independent want this power to rest in any one any one adult. Too often these stories legal research, and on and on. That is branch of Government; we want it end in the most tragic way possible: just a dressed up way of saying: I am shared. We want people to respect each 7-year-old Faheem Williams in New- not going to tell you my views, under other across the executive and legisla- ark, NJ was recently found dead in a any circumstances. tive lines when it comes to the third basement with his two brothers where One has to ask himself—and I do not branch of Government. they were chained for weeks at a time. want to be of a suspicious mindset— So, OK, Mr. President, you nominate. 6-year-old Alma Manjarrez in Chi- why will this nominee not share his OK, Senators, you advise and consent. cago was beaten by her mother’s boy- views? Are they so radical, are they so That is what this is about. friend and left to die outside in the outside the mainstream of American Sometimes I wonder, as my friends snow and cold of the winter. judicial thought, that if he were to on the other side talk about it, how And despite 27 visits by law enforce- share his views, even my friends on the they can so cavalierly give up that con- ment to investigate violence, 7-year- other side would say wait a minute, stitutional obligation. The unfortunate old Ray Ferguson from Los Angeles that is a bridge too far; we cannot con- aspect of this is we could resolve this was recently killed in the crossfire of a firm someone who believes that? very easily. All the White House has to gun battle in his neighborhood. How can I go home and tell my con- do is send up the information. Let Mr. Antwone Fisher’s story is different. stituents that I voted for somebody Estrada answer the questions. He may Mr. Fisher overcame tremendous who actually said what he said? I can- still have a majority of Senators who odds: He was born in prison, handed not think of any other explanation. would vote to put him on the DC Cir- over to the State, and lived to tell his Why would a person, who clearly is in- cuit. I do not know how it would turn story of heartbreaking abuse. At the telligent—we have heard that con- out because I do not have the informa- age of 18, he left foster care for the stantly from the other side—who has tion. streets. With nowhere to turn, he found practiced law, not be familiar with the While we are in this stalemate caused the support, education, and structure procedures of the Judiciary Com- by the other end of Pennsylvania Ave- in the U.S. Navy. In the Navy, Fisher mittee, of the constitutional obligation nue, which for reasons that escape me received a mentor and professional of advise and consent or even of Justice have dug in their heels and said, no, counselor, which helped him turn his Scalia and Justice Rehnquist’s opin- they will not tell us anything about life around. ions about the importance of answering this person, there is a lot of other busi- Mr. Fisher survived his childhood and such questions? ness that is not being done, business has lived to inspire us all and send us So I have to ask myself: What is it about the economy, the environment, a stern reminder that it is our duty to the White House knows about this education and health care, business reform the foster care system so that nominee they do not want us to know? that really does affect the lives of a lot no child languishes in the system, left And if they do not want us to know, of Americans. to find his own survival or to die. they do not want the American people On that list of business that I con- Antwone’s success story should be the to know. I find that very troubling. sider important is what is happening in rule not the exception. I do not agree with the judicial phi- our foster care system. Tomorrow Tomorrow night, House Majority losophy of many of the nominees sent evening, I will have the great privilege Leader TOM DELAY and I will be up by this White House. I voted against of hosting the showing of a tremendous cohosting a screening of the movie a couple of them. I voted for the vast movie about the foster care system, ‘‘Antwone Fisher’’ for Members of Con- majority of them, somewhere up in the along with Congressman TOM DELAY. I gress. We decided to host this together 90 percentile. At least I felt I could ful- invite all of my colleagues from both because we both feel that it is impera- fill my obligation so when I went back Houses of Congress to come and see tive that we raise national awareness to New York and saw my constituents this movie that vividly illustrates about foster care—through one child’s and they asked why did I vote for X, I what happens in our foster care sys- own experience—and encourage our could say to them it was based on the tem. colleagues to tackle this tough issue record. He may not be my cup of judi- I have worked in the past with Con- with us. cial tea, but he seems like a pretty gressman DELAY to try to improve the Congressman DELAY and I had re- straightforward person. Here is what foster care system. I look forward to ceived an award together in the year he said and that is why I voted for him. doing that in the future. He has a great 2000 from the Orphan Foundation of Or to the contrary, I could not vote for commitment to the foster care system America for the work that we both this nominee because of the record that and the foster children who are trapped have done in this area. Earlier this was presented. within it. I use that word with great year, I asked my staff to reach out to I cannot do that with this particular meaning because, indeed, that is often his staff to find ways we might work nominee. And you know what. The what happens to them. And the stories together to focus on this issue. This other end of Pennsylvania Avenue that of abuse and neglect that first lead movie was a natural fit for both of us is calling the shots on this nomination children to go into the foster care sys- and I look forward to continuing to does not want me to have that infor- tem are compounded by the stories of work with Representative DELAY as we mation. abuse and neglect once they are in that take a hard look at reforming our fos- I think that is a denial of the basic system. ter care system. Congressman DELAY bargain that exists under the Constitu- Mr. Fisher will be joining Congress- and his wife, Christine, are strong ad- tion when it comes to nominating and man DELAY and me at the Motion Pic- vocates for foster children and are fos- confirming judges to the Federal ture Association screening room for ter parents themselves. courts. this important movie. This is a screen- I hope that many of my colleagues in It could have been different. The ing just for Members of Congress. I the Senate will take us up on the invi- Founders could have said let’s put all think it will illustrate better than cer- tation and join us for this important of this into the jurisdiction of the Ex- tainly my words could why it is so im- movie.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2670 CONGRESSIONAL RECORD — SENATE February 25, 2003 But, for those who can’t join us, I ed and no child should ever have to President Bush has put a proposal on wanted to share a little bit about leave the system at 18, with absolutely the table to change the way foster care Antwone’s story in his own words from no support. is financed in order to provide greater his book, ‘‘Finding Fish’’— There are approximately 542,000 chil- flexibility so that states can do more The first recorded mention of me and my dren in our Nation’s foster care sys- to prevent children form entering fos- life was [from the Ohio State child welfare tem—16,000 of these young people leave ter care, to shorten the time spent in records]: Ward No. 13544. the system every year having never care, and to provide more assistance to Acceptance: Acceptance for the temporary been adopted. They enter adulthood children and their families after leav- care of Baby boy Fisher was signed by Dr. the way they lived their lives, alone. ing. Nesi of the Ohio Revised Code. Cause: Referred by division of Child Wel- In 1999, when I was First Lady, I ad- While I absolutely do not support fare on 8–3–59. Child is illegitimate; pater- vocated for and Congress took an im- block granting our child welfare sys- nity not established. The mother, a minor is portant step to help these young adults tem—I do think that it is important unable to plan for the child. The report when by passing the Chafee Foster Care Inde- that President Bush has come to the on to detail the otherwise uneventful matter pendence Act. This program provides table with an alternative financing sys- of my birth in a prison hospital facility and states with funds to give young people tem and I believe that it provides us my first week of life in a Cleveland orphan- assistance with housing, health care, with an opportunity to carefully con- age before my placement in the foster care and education. It is funded at $410 mil- sider how to restructure our child wel- home of Mrs. Nellie Strange. According to the careful notes made by the lion annually, and should be increased. fare system. second of what would be a total of thirteen But it was an important start to ad- We must ask critical questions: caseworkers to document my childhood, the dressing the population of children who Will States be required to maintain board rate for my feeding and care cost the ‘‘age-out’’ of our foster care system. child safety protection that we passed state $2.20 per day. This bill came after the important bi- as part of the Adoption and Safe Fami- Antwone went on to document that partisan Adoption and Safe Families lies Act? the child welfare caseworker felt that Act of 1997. As First Lady, it was an Will States be required to target his first foster mother had become ‘‘too honor to work on what’s considered to funds to prevention and post-foster attached’’ to him and insisted that he be one of the most sweeping changes in care services? be given up to another foster home. federal child welfare law since 1980. What happens if there is a crisis and The caseworker documents this It ensured that a child’s safety is more foster care children enter the sys- change: paramount in all decisions about a tem? Will States receive additional Foster mother’s friend brought Antwone in child’s placements. For those children funds? from their car. Also her little adopted son who cannot return home to their par- While I believe all of these questions came into the agency lobby with ents, they may be adopted or placed deserve answers, I applaud President Antwone. . . . They arrived at the door to into another permanent home quickly. Bush and Representative DELAY for the lobby and the friend and the older child Since the passage of this law, foster being willing to tackle this hard prob- quickly slipped back out the door. When child adoptions have increased by 78 lem. I look forward to working with Antwone realized that he was alone with the percent. them to find solutions so that we do caseworker, he let out a lust yell and at- not allow any child to fall through the tempted to follow them. The next major hurdle that I believe Caseworker picked him up and brought we need to tackle in reforming our cracks. him in. Child cried until completely ex- child welfare system is the financing This is just one of the many issues hausted and finally leaned back against case- system. that are basically left on the back workers, because he was completely unable Currently, we spend approximately $7 burner while we engage in this con- to cry anymore. billion annually to protect children stitutional debate that could be re- Later he describes when the case- from abuse and neglect, to place chil- solved if information were provided. worker brought him to his next foster dren in foster care, and to provide As I said, I have to question the rea- home—she too slipped out the door adoption assistance. The bulk of this sons why that information is not forth- when he was not looking. He says, ‘‘All funding, which was approximately $5 coming. It gives me pause. This admin- through my case files, everybody al- billion in fiscal year 2001, flows to istration is compiling quite a record on ways seemed to be slipping away in one States as reimbursements for low-in- secrecy. That bothers me. It concerns sense or another.’’ come children taken into foster care me. I think the American people are When Antwone arrived at the next when there is a judicial finding that smart enough and mature enough to foster home and as he grew, at first he continuation in their home is not safe. take whatever information there is was not told of his troubled entry into This funding provides for payments about whatever is happening in the the world: to foster families to care for foster world—whether it is threats we may But for all that I didn’t know and wasn’t children, as well as training and ad- face or the judicial philosophy of a told about who I was, a feeling of being un- ministrative costs. nominee. That is how a democracy is wanted and not belonging had been planted This funding provides a critical safe- supposed to work. If we lose our open- in me from a time that came before my ty net for children, who through dif- ness, if we turn over our rights to have memory. ficult and tragic circumstances end up information, we are on a slippery slope And it wasn’t long before I came to the ab- solute conclusion that I was an uninvited in the care of the state. It ensures that to lose our democracy. Now, of course, quest. It was my hardest, earliest truth that children are placed in foster care only in times of national crisis and threat to be legitimate, you had to be invited to be when it is necessary for their safety, it like we face now, there are some things on this earth by two people—a man and a ensures that efforts are made to re- you cannot share with everyone. But woman who loved each other. Each had to unify children with their families as you certainly can and should share agree to invite you. A mother and a father. soon as it safe, it works to make sure them with the people’s elected rep- Antwone Fisher never knew a perma- that the foster care placement is close resentatives. That is why we are here. nent home—never knew a loving moth- to their own home and school, and it I err on the side of trying to make sure er and father. Instead, he was left to requires that a permanency plan is put we share as much information as pos- fend for himself when he was expelled in place. All of these safeguards are sible. from foster care at 18—a time when the critical. For the life of me, I cannot under- state cuts off payments to foster par- The financing, however, is focused on stand why the White House will not ents. Antwone found himself on the the time the child is in foster care and share information about this nominee. streets and homeless. it continues to provide funding for Until it does, until Mr. Estrada is will- Thanks to the work of many on both States the longer and longer a child is ing to answer these questions, I have to sides of the aisle in Congress we have in the system. The funding is not flexi- stand with my colleague from Idaho—I begun important work to make sure ble enough to allow for prevention or cannot cast a vote until I know a little that Antwone’s story is not repeated. to help children as they exit the sys- bit more about the judicial philosophy. No child should have to grow up in fos- tem—critical times when children fall This is not a Republican or Democratic ter care from birth and never be adopt- through the cracks. request. This is a senatorial request.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2671 This is what the Senate is supposed to ing he is unqualified as a lawyer. No and conclude them with foreign coun- be doing. one is saying he is dishonest in terms tries but subject to the requirement I urge our colleagues and friends on of his professional dealings or dis- that two-thirds of the Senate ratify the other side of the aisle, do whatever honest as a man and, indeed, you could those treaties. So the Senate is given, you can to persuade the White House not say that based on his experience in effect, a little executive power. and the Justice Department to level which is clearly well known after the The Framers of the Constitution with the Senate, to level with the hours of debate we have put into this knew how to provide for the Senate to American people, to provide the infor- nomination. exercise the executive power they gave mation that will enable us to make an He arrived in this country knowing it by a supermajority vote when they informed decision and fulfill our con- very little English. He worked his way wanted to provide that. stitutional responsibility. up, if you will. He was a leader in his When the Framers said, we want to It seems to me to be the very min- law school class. He was on the Law actually take a little bit more power imum we can ask. It certainly is what Review. An achievement he was able to away from the President, they said, we has been provided and asked for in the get, as not all of us were able to get, he are not only going to require that the past. I hope it will be forthcoming, clerked for an outstanding judge, a Senate ratify treaties but we are going that the letter sent by Senators Democratic appointee on the Second to require that they ratify them by a DASCHLE and LEAHY will get a favor- Circuit, and then on the Supreme supermajority vote, a two-thirds vote. able response, we will be able to get the Court, and did an outstanding job in The Framers knew how do to that information the Judiciary Committee the Solicitor General’s Office, accord- when they wanted to do it. The as- has requested, that many Members feel ing to his supervisors of both parties. sumption is they didn’t want to take we need, and we can move on. We can No one is questioning his abilities or that extra measure of power away from tend to the people’s business, including honesty, as I understand it. As I under- the executive. Yes, they wanted to the need to reform our foster care sys- stand, no one is saying they think he is share the power of appointments with tem to try to save the lives of so many not competent or honest in the sense of the Senate, as several colleagues have children who would otherwise be left the standard that traditionally had said. They are correct in saying that. behind and left out of the great prom- been applied. What they are saying is The Senate is a partner in this process. ise of America. this. They are saying, first of all, they But according to its traditions, it has The PRESIDING OFFICER (Mr. will vote against the nominee, even to always been a junior partner. Accord- ing to the spirit of the Constitution, it ALEXANDER.) The Senator from Mis- an appellate court, because they dis- souri. agree with that nominee’s jurispru- exercises this partnership by a major- ity vote and not a supermajority vote. Mr. TALENT. When I was growing dence, which is, itself, a step beyond If we adopt the tradition in this body up, there was a tradition in the Senate what the Senate ever did in the past. that I observed as an outsider, of that we will filibuster nominees, if we But they are going beyond that. They suspect we might disagree with their course, about how the Senate handled are saying they will vote against the its constitutional function of giving jurisprudence, we are in effect saying it nominee, even to an appellate court, will require 60 votes for this body to advice and consent for presidential not just because they disagree with his nominees. The Senate pretty much un- confirm a judicial nomination. That, I jurisprudence, but because they sus- submit to you, is a usurpation of the derstood on the basis of a bipartisan pect they might disagree with his juris- executive authority as granted under consensus that its role was secondary, prudence. the Constitution. It is a shift in con- that its power was a check rather than And if he answered questions no stitutional authority away from the a primary power to appoint people, ei- other nominee who worked for the So- executive and to the legislature—and ther to the executive branch or to the licitor General’s Office has ever been not even to the Congress as a whole but judicial branch. I observed that Sen- expected to answer, and which they to the Senate. ators pretty much voted to confirm should not have to answer, given the As much as I stand up for the Sen- Presidential nominees if they believed need for the integrity of the executive ator from New York in saying as much those nominees were competent and if branch, but they are going beyond as we have to stand up for the preroga- they believed those nominees were hon- that. tives and the authority of the Senate est, and they did not inquire too great- The opponents on this floor of the under the Constitution, our first re- ly of the nominees’ philosophy for the Estrada nomination are not just saying sponsibility is to the Constitution and executive or into the nominees’ juris- they will vote against nominees if they to the distribution of powers, as the prudence for the legislative. There disagree with their jurisprudence, or letter of the Constitution indicates and would be flaps or personal problems, vote against them if they suspect they as the traditions of this Senate have but basically that was the role the Sen- might disagree with their jurispru- always confirmed. ate played and the traditional under- dence; they are saying they are not I am deeply concerned. If we were to standing of its constitutional function. even going to allow a vote on a nomi- adopt the standards being applied here Unfortunately, I think we will all nee even to an appellate court if they to Miguel Estrada across the board, we agree, that consensus has broken down suspect they might disagree with that would be doing something which is un- over the last few years. We will all nominee’s jurisprudence. constitutional and which violates the agree that both sides have some re- I ask my colleagues, I beg my col- spirit and I believe the letter of the sponsibility for that consensus break- leagues who are opposing this nomina- Constitution as well. ing down. What we are experiencing tion, to consider what this new stand- My second concern is that this kind now from the Senators who are oppos- ard, if it were to be adopted by the Sen- of a filibuster under these cir- ing and filibustering the Estrada nomi- ate as a whole, would mean for the cumstances will poison the operation nation is so extreme given the past tra- Constitution, would mean for the Sen- of the Senate on other matters. The fil- ditions of the Senate that it threatens ate, and would mean for Estrada, as ibuster, whatever you think of it, is a the spirit and, I argue, even the letter well. power that should be reserved for of the Constitution, and it threatens As I said, the Constitution assigned, issues of only the greatest seriousness. the ability of the Senate and the integ- we can all agree, the primary power of I am not saying an appellate court rity of the Senate to do the work of the appointment to the President. Yet the nomination isn’t important, it is im- people. Constitution shares some of that power portant, but it is an appellate court Let me go into that a little bit. First with the Senate and that is not un- nomination. Mr. Estrada, if he is con- of all, I take it from my understanding usual. Even though we have a separa- firmed to this post, whatever my col- of the debate that the Senators who tion of powers, there are a number of leagues may suspect his jurisprudence are opposing Mr. Estrada are not ques- instances where the executive is given might lead him to do, is not going to tioning his abilities as a lawyer or his a little legislative power, or the legis- change settled interpretations of the honesty or integrity as an individual. I lative is given a little executive power. Constitution of the United States that appreciate that. This is not a personal For example, when the President is can only occur on the Supreme Court attack on Mr. Estrada. No one is say- given the power to negotiate treaties level. And to haul out the nuclear

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2672 CONGRESSIONAL RECORD — SENATE February 25, 2003 weapon, if you will, of a filibuster on tisan politics. That’s wrong. When the Sen- at least for now, enough Democrats are hold- an issue that, while important, is not ate returns from its break, it should act ing together to prevent the full Senate from of the first letter of importance under- quickly to end this senseless bickering. acting. The arguments against Mr. Estrada’s mines the integrity and the ability of Born in Tegucigalpa, Honduras, Estrada confirmation range from the unpersuasive to came to the U.S. in 1978. Just 17, he could the offensive. He lacks judicial experience, this Senate to pull together on issues barely speak English. He proved to be a his critics say—though only three current that are of the first importance. quick study. Just five years later, he grad- members of the court had been judges before I agree with the Senator from New uated with honors from Columbia Univer- their nominations. He is too young—though York. We need to get on to issues of sity. he is about the same age as Judge Harry T. health care. We need to get on to issues After a three-year stint at Harvard Law Edwards was when he was appointed and sev- of education. We need to get on to School, where he served as editor of the pres- eral years older than Kenneth W. Starr was issues of defense and of tax relief to tigious Harvard Law Review, Estrada came when he was nominated. Mr. Estrada stonewalled the Judiciary Committee by re- create jobs. All of these things are very home to New York to clerk for a federal ap- pellate judge, Amalya Kearse, who was ap- fusing to answer questions—though his an- important. That is why we should not pointed by Democratic President Jimmy swers were similar in nature to those of pre- filibuster an appellate court nomina- Carter. vious nominees, including many nominated tion. Allow a vote at least, I ask my After a clerkship with the Supreme by Democratic presidents. The administra- colleagues. Court—one of the highest honors a young tion refused to turn over his Justice Depart- Let me say finally that I am con- lawyer can receive—Estrada spent three ment memos—though no reasonable Con- cerned about the effect of this on the years as a federal prosecutor in New York gress ought to be seeking such materials, as justice that we as a body and as Ameri- City. He argued numerous cases before appel- a letter from all living former solicitors gen- late courts and 15 cases before the Supreme eral attests. He is not a real Hispanic and, by cans owe to the man whose interests the way, he was nominated only because he is and whose career are at stake here. Court. No wonder the American Bar Associa- tion gave him its highest rating: well-quali- Hispanic—two arguments as repugnant as Miguel Estrada is, after all, a person. fied. they are incoherent. Underlying it all is the Sometimes the great forces of history, Estrada’s compelling life story and super- fact that Democrats don’t want to put a con- of cultural division, and focus on per- lative qualifications explain why his nomi- servative on the court. sonal disputes involving broader issues nation has elicited such broad support. No Laurence H. Silberman, a senior judge on come to focus on one man or one fewer than 18 Hispanic organizations and the court to which Mr. Estrada aspires to countless individuals have called on the Sen- serve, recently observed that under the cur- woman. We have seen that happen rent standards being applied by the Senate, sometimes in our history. And it may ate to confirm him. Herman Badillo, a former Democratic congressman from New not one of his colleagues could predictably be unavoidable. But we should always York, calls him ‘‘a role model, not just for secure confirmation. He’s right. To be sure, keep in mind that we are dealing with Hispanics, but for all immigrants and their Republicans missed few opportunities to play a human being, a person who has done children.’’ politics with President Clinton’s nominees. his best by his life to keep his obliga- The League of United Latin American Citi- But the Estrada filibuster is a step beyond tions to his colleagues and to his coun- zens calls Estrada ‘‘one of the rising stars in even those deplorable games. For Democrats demand, as a condition of a vote, answers to try—a person who has excelled by any the Hispanic community and a role model for our youth.’’ And the U.S. Hispanic Chamber questions that no nominee should be forced standard. None is questioning that—a to address—and that nominees have not pre- person who has conducted himself with of Commerce calls his nomination a ‘‘his- toric event.’’ viously been forced to address. If Mr. Estrada integrity and has done so in a town Estrada’s nomination is equally popular cannot get a vote, there will be no reason for where it is sometimes difficult to con- among Democrats. Former vice President Al Republicans to allow the next David S. duct yourself with integrity. And his Gore’s chief of staff testifies that he is ‘‘a Tatel—a distinguished liberal member of the professional future is hanging, if you person of outstanding character and tremen- court—to get one when a Democrat someday will, on a thread. We ought to consider dous intellect’’ with an ‘‘incredible record of again picks judges. Yet the D.C. Circuit—and achievement.’’ Former President Bill Clin- all courts, for that matter—would be all the what is just to him. He deserves this poorer were it composed entirely of people post. He has worked hard for it. His ton’s solicitor general describes Estrada as ‘‘a model of professionalism and com- whose views challenged nobody. qualifications qualify him for the post. Nor is the problem just Mr. Estrada. John petence.’’ We should at least give him a vote. The support for Estrada is as deep as it is G. Roberts Jr., Mr. Bush’s other nominee to That is why the newspapers and the wide. Yet some Democrats in the Senate are the D.C. Circuit, has been waiting nearly two opinion of this country for the last filibustering his nomination—talking it to years for a Judiciary Committee vote. No- week or so have been decidedly in death and refusing to let their colleagues body has raised to substantial argument favor, if not of Mr. Estrada and I think vote. That’s just wrong. In fact, in the two against him. Indeed, Mr. Roberts is among the most highly regarded appellate lawyers most of the opinion of the country has centuries since our nation was founded, that has never happened to a nominee for the fed- in the city. Yet on Thursday, Democrats in- indeed be in favor of confirming him voked a procedural rule to block a com- for the reasons I have indicated—but at eral appellate courts. Simply put, the Senate should do its job, mittee vote anyway-just for good measure. least in favor of giving him a vote. put aside partisan politics and vote on It’s long past time to stop these games and I am not going to read all of the edi- Estrada’s nomination. It’s just common vote. torials, certainly. I ask unanimous sense—but unfortunately, common sense all [From the St. Louis Post-Dispatch, Feb. 7, consent to have printed in the RECORD too often gets shoved aside by party politics 2003] an editorial of February 7, 2003, from in Washington. the St. Louis Post-Dispatch, one my Here in New York, we know that now more A FILIBUSTER IS NOT A FIX hometown newspapers, and also a let- than ever we must put aside partisan dif- The process for appointing federal judges is badly broken. A filibuster won’t fix it. ter—they may already be in the ferences and work together for the best in- terests of all New Yorkers. We also know Democrats are trying to decide whether to RECORD—and one in the New York that the efforts of new immigrants or their filibuster the nomination of Miguel Estrada Daily News by Gov. George Pataki. children who, through hard work, achieved to the powerful federal appeals court for the There being no objection, the mate- the American dream—New Yorkers like District of Columbia. They consider Mr. rial was ordered to be printed in the Badillo, Secretary of State Powell and Estrada a stealth conservative who is being RECORD, as follows: Estrada—must be rewarded and emulated, groomed for the U.S. Supreme Court as a [From the New York Daily News, Feb. 17, not held hostage to party politics. Hispanic Clarence Thomas. The Democrats’ fear may turn out to be 2003] Estrada has reached the pinnacle of his profession and is a credit to the people of valid. But the filibuster is the parliamentary THE SENATE SHOULD CONFIRM ESTRADA equivalent of declaring war. Instead of de- (By Gov. George E. Pataki) New York. When the Senate finally confirms him, I have every confidence he likewise will claring war, the Democrats should sue for Miguel Estrada, President Bush’s nominee prove a credit to America’s judicial system. peace and try and to fix the process. for the District of Columbia Circuit Court of The Senate’s confirmation process is not supposed to be a rubber stamp. Judicial Appeals, is a New York success story—the [From the Washington Post, Feb. 18, 2003] embodiment of all that has made our state a nominees have been defeated for political beacon of freedom and opportunity around JUST VOTE reasons—often good political reasons. The the globe. The Senate has recessed without voting on Supreme Court is a better place without His life is an inspiration to us all, espe- the nomination of Miguel Estrada to the Clement Haynsworth, Harrold Carswell and cially to the children of new immigrants. U.S. Court of Appeals for the D.C. Circuit. Robert Bork. But ever since Mr. Bork, the Yet his nomination has gotten caught up in Because of a Democratic filibuster, it spent process of advise and consent has become at- the all-too-familiar Washington game of par- much of the week debating Mr. Estrada, and, tack and delay.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2673 During Bill Clinton’s presidency, the GOP- they are incoherent. Underlying it all is the is not a minus. I was honored to name controlled Senate held up highly qualified fact that Democrats don’t want to put a con- a Hispanic to the district court in Chi- nominees for ideological reasons. Then, dur- servative on the court. cago when I had that opportunity a few ing the two years of Democratic control, the Laurence H. Silberman, a senior judge on years ago. I believe our judiciary the court to which Mr. Estrada aspires to Senate held up highly qualified nominees should reflect the diversity of the from President George W. Bush. Now the Re- serve, recently observed that under the cur- publicans are ramming through judges as rent standards being applied by the Senate United States. And if this is an exam- fast as McDonald’s sling burgers. ... ple of affirmative action by the White The only consistent principle in this recent I ask you to listen carefully to this. House to put a Hispanic on the DC Cir- Senate history is that turnabout is fair play. . . . being applied by the Senate, not one of cuit court, I say: Three cheers. I think That’s a poor way to choose judges. his colleagues could predictably secure con- it is the right thing to do. Mr. Bush, like Ronald Reagan, considers firmation. He’s right. To be sure, Repub- It has nothing to do with his His- conservative ideology a key qualification for licans missed few opportunities to play poli- panic heritage. As I said, that is a plus. judgeship. Unfortunately, Senate Democrats tics with President Clinton’s nominees. But There is nothing negative about that in have set upon highly qualified nominees— the Estrada filibuster is a step beyond even any respect. What is at issue, and the such as Michael McConnell, a brilliant law those deplorable games. For Democrats de- professor, who was eventually confirmed—as reason the Senate has been tied up mand, as a condition of a vote, answers to wolfishly as they have upon weaker nomi- with this nomination, is the fact that questions that no nominee should be forced nees, such as Charles Pickering. Mr. Estrada has not been forthright in to address—and that nominees have not pre- In an ideal world, Mr. Bush would realize explaining who he is in terms of what viously been forced to address. If Mr. Estrada that the lackluster Mr. Pickering, a friend of cannot get a vote, there will be no reason for he believes. And that is a fair question. Sen. Trent Lott, R–Miss., raises divisive ra- Republicans to allow the next David S. If we are going to give someone a cial questions. In an ideal world, the presi- Tatel—a distinguished liberal member of the lifetime appointment to the DC Circuit dent would nominate the best-qualified legal court—to get one when a Democrat someday court—which is not just another court minds, not ideologies. But in the real world, Mr. Pickering is ac- again picks judges. Yet the D.C. Circuit—and for the District of Columbia, but a ceptable and Mr. Estrada is well-qualified. all courts, for that matter—would be all the major court in our Federal judicial sys- Mr. Estrada is an immigrant from Honduras poorer were it composed entirely of people tem—I think it is not only reasonable, who went to Harvard Law School, clerked on whose views challenged nobody. it is imperative that the Senate ask Nor is the problem just Mr. Estrada. John the Supreme Court and worked in the Solic- basic questions of Mr. Estrada. And we G. Roberts Jr., Mr. Bush’s other nominee to itor General’s office. Democrats, frustrated the D.C. Circuit, has been waiting nearly two did. Time and time again, he stopped by the absence of a paper trail, and Mr. years for a Judiciary Committee vote. No- short of answering because that is now Estrada’s sometimes-evasive answers on body has raised a substantial argument the drill at the Department of Justice. issues such as abortion, tried to get legal against him. Indeed, Mr. Roberts is among The nominees go through this very memos that Mr. Estrada wrote while in the the most highly regarded appellate lawyers rigorous training about how to handle Solicitor General’s office. But both Demo- in the city. Yet on Thursday, Democrats in- cratic and Republican solicitors general have a Senate judicial hearing. I am told voked a procedural rule to block a com- urged that the memos be kept private so they have videotapes and play them mittee vote anyway—just for good measure. that future solicitors general receive candid back and they ask them the questions It’s long past time to stop these games and views from their staff. most often asked of nominees. They In short, the Democratic position doesn’t vote. school them in the answers to give to justify a filibuster. Instead, Democrats I ask my colleagues to consider care- not reveal, at any point, what they should reach out to Republicans and try to fully—and I know there have been really think, trying to get away with develop a bipartisan truce that gives judges abuses of this process on both sides of saying as little as possible, trying to prompt, but thorough, hearings that will the aisle—but I ask my colleagues to speed the important process of filling the get through the hearing with a smile consider carefully whether, in the on their face and their family behind many vacancies on the federal bench. name of the Constitution, in the name Mr. TALENT. Mr. President, I want them, and trying to get through the of the obligation of this Senate to go to read an editorial from the February Senate without any controversy. on to other things and resolve them, in 18 issue of the Washington Post. It There is nothing wrong with that if a the name of comity and the traditions sums up the case better than or as well person has a history that you can turn of this body, the Washington Post isn’t as I can: to and say, well, this man or this right, and whether it isn’t long past woman has been on the bench for so The Senate has recessed without voting on time to stop these games and vote. many years and has handed down so the nomination of Miguel Estrada to the I yield the floor. U.S. Court of Appeals for the D.C. Circuit. many opinions. And we have read Because of a Democratic filibuster, it spent The PRESIDING OFFICER. The Sen- them. We know what they believe. much of the week debating Mr. Estrada, and, ator from Illinois. They have expressed themselves over at least for now, enough Democrats are hold- Mr. DURBIN. Mr. President, first, let and over again. Or if they have pub- ing together to prevent the full senate from me respond to my colleague and friend lished law journal articles, for exam- acting. from the State of Missouri which ad- ple, that explain their point of view, We all know a filibuster is underway joins my home State of Illinois. that is all there for the record. You here, an obstruction tactic. I say to him, I do not disagree with could draw your own conclusions. That is not from the editorial. That many of the things he said. This debate But in the case of Mr. Estrada, none was my editorial comment. over Miguel Estrada should not be of that is there. He has not done that The arguments against Mr. Estrada’s con- about the person. I have met him. I sat much in terms of publications nor in- firmation range from the unpersuasive to the down in my office with him. He has a volvement in cases. We said to him: offensive. He lacks judicial experience, his very impressive life story to tell hav- Help us understand you. If you will not critics say—though only three current mem- ing come to the United States as an answer the question directly, let us at bers of the court had been judges before their immigrant when he was about 17 years least look at the legal documents you nominations. He is too young—though he is old, with a limited command of prepared so we can see how you ana- about the same age as Judge Harry T. English. The man had some extraor- Edwards was when he was appointed and sev- lyzed the law. eral years older than Kenneth W. Starr was dinary achievements. He went on to be- That has been done before. Other when he was nominated. Mr. Estrada come the editor of the Law Review at nominees have offered that informa- stonewalled the Judiciary Committee by re- Harvard, served as a member of the De- tion. Mr. Estrada said: I would be fusing to answer questions—though his an- partment of Justice, worked at the Su- happy to share it with you as well. But swers were similar in nature to those of pre- preme Court as a clerk. He is with a the Department of Justice stepped in vious nominees, including many nominated major, prestigious law firm. You would and the White House stepped in and by Democratic presidents. The administra- really be hard pressed to find anything said: No, we will not let the Senate see tion refused to turn over his Justice Depart- in his background that is anything what Mr. Estrada has written as an at- ment memos—though no reasonable Con- gress ought to be seeking such material, as a short of impressive. That is not the torney. letter from all living former solicitors gen- issue. Why? Why would they want to con- eral attests. He is not a real Hispanic and, by The fact that he is Hispanic, I say to ceal this information, unless, in fact, the way, he was nominated only because he my friend from Missouri, in my mind, there is something very controversial is Hispanic—two arguments as repugnant as is a plus in many respects. It certainly and worrisome.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2674 CONGRESSIONAL RECORD — SENATE February 25, 2003 So we come here today not with any counter as a supplement or vitamin or thing about these products, my con- personal animus against Miguel food product. They are sold as a way to stituent, Sean Riggins—that healthy Estrada. To the contrary, on a personal lose weight or increase your energy or 16-year-old boy in Lincoln, IL, who basis, he is a very extraordinary indi- performance. played football and wrestled for his vidual personally, academically, and People come in and buy them, with high school team—was still alive. He professionally. But we have a right to no restriction on how old you have to died September 3, after consuming an ask these questions. Let me restate be or what your health is or what ephedra product called yellow jacket. that. We have a responsibility to ask might interact with these supplements. You will find those by cash registers at those questions, to make certain that And people buy those and find out, in gas stations and convenience stores each man and woman headed for this many instances, that not only don’t across America—kids popping them be- awesome lifetime appointment, this they work, they are dangerous. cause they think they make them bet- awesome position of responsibility, I have challenged Secretary Thomp- ter performers when it comes to sports really is the person we want in that po- son for 6 months—6 months—to take or, even worse, taking these pills and sition. these dangerous products off the mar- drinking beer, craziness that leads to Now, make no mistake, with Presi- ket, and he has not done so. That was terrible health consequences. And dent Bush in the White House, the February 14. those pills are sold over the counter, nominees are more than likely to be On February 16, a pitcher from the with no Government control. Republican, more than likely to be Baltimore Orioles dropped dead during I wrote again, and I spoke directly to conservative, more than likely to be training. He had cardiac arrest, and the Secretary Tommy Thompson in Sep- members—proud members—of the Fed- coroner who examined his body after- tember and October. My Governmental eralist Society. I know that. That is wards—those who did the autopsy—dis- Affairs Subcommittee had hearings on the nature of this process, the nature closed the fact that he had used these the dangers of ephedra in July and Oc- of politics. Yet it is still our responsi- supplements with ephedra. That was 2 tober. bility to make certain they are just days after I had given that speech. I again urged the Secretary, in a let- conservative and not extreme in their Time has run out for Steve Bechler ter sent to him less than 1 month be- positions. We cannot draw that conclu- and for many like him when it comes fore Steve Bechler of the Baltimore sion on Miguel Estrada because he has to protection from the harm of dan- Orioles died. Incidentally, did you see carefully concealed what he really be- gerous dietary supplements containing the followup articles in the sports lieves. And that is why we are here. ephedra. We cannot bring Steve pages, as other athletes, professional So as a result of focusing on this Bechler or my own constituent in Lin- baseball players such as David Wells nomination for 3 straight weeks, we coln, IL, Sean Riggins, back. But we came forward and told his story about have ignored so many other issues that can fight to make sure this dangerous how he wanted to lose some weight, should be brought to the Senate. We product is taken off the market imme- and he took an ephedra product and his could resolve this issue tomorrow diately. heart was racing at 200 beats a minute. morning easily. Sean Riggins was a 16-year-old boy. He flat-lined. He was almost in cardiac Senator BENNETT, a Republican, of And about 4 weeks after I held a hear- arrest before they finally brought him Utah has come to the floor and made a ing in Washington, he went into a con- back. suggestion that I think is eminently venience store in Lincoln, IL, a small These are not sickly individuals. reasonable. Let Miguel Estrada turn town, and bought—off the counter, These are healthy athletes who are over his legal writings so they can be with no identification, no check—a pill taking these products sold over the reviewed by Senator HATCH and Sen- that was supposed to help him to per- counter and risking their lives in the ator LEAHY. And if they find anything form better as a football player. The process. in there of moment, of consequence, or pill had ephedra in it. As best we can Yet the most we can get from Sec- of controversy, let them follow through determine, Sean Riggins—this healthy retary Thompson in response is a sug- with the questions or, if necessary, a football player, 16 years old—washed gestion that maybe we need a warning hearing, and let’s be done with it, a down that pill with Mountain Dew or label. When the reporters asked him vote up or down. some other product with caffeine in it this past weekend about Steve Bechler Senator DASCHLE came to the floor and went into cardiac arrest and died. of the Baltimore Orioles, his death be- today, the Democratic leader, and said This healthy young man died, after cause of ephedra, the Secretary was that would be perfectly acceptable. We taking a pill sold over the counter that quoted as saying: ‘‘I wouldn’t use it, would have the information, and then contained ephedra. would you?’’ we could reach our conclusion. And in I cannot think of another product Well, I must say to the Secretary, the process we could be protecting our that has generated so many adverse this is not a matter of his personal responsibility as Members of the Sen- events, so many bad results—some ex- preference. It is not a matter of wheth- ate. tremely serious, even fatal—and yet er as a consumer he would buy the It has nothing to do with Miguel has failed to generate any response product. It is a matter of his personal Estrada personally, but it does have from this Government to protect fami- responsibility, his responsibility as something to do with our constitu- lies and individuals buying these prod- Secretary of Health and Human Serv- tional authority and responsibility to ucts. ices to get this dangerous product off review each nominee. The Food and Drug Administration the shelves of American stores today EPHEDRA has received over 18,000 reports of ad- and to protect families. Mr. President, I would also like to verse events, serious health con- I am not the only person calling for address another issue that is totally sequences, from those using ephedra this ban on ephedra products. The unrelated. and within those 18,000 over 100 deaths. American Medical Association, rep- On February 14, a Friday, I stood in Yet the Food and Drug Administration resenting over 200,000 doctors, called on this spot and spoke about an issue, one and Secretary Thompson refuse to act. Secretary Thompson to ban ephedra that has been on my mind for almost 6 They want to study the issue. And as products. They didn’t do it last week months, an issue which worries me, they study, innocent people die. after Steve Bechler died. No. They did concerns me, because it relates to the Last August, I wrote to Secretary it over a year ago after Canada had health and safety of American families. Thompson and urged him to ban these banned this product for sale in their On that day, I challenged the Sec- products. At that time, Lee Smith, an country. They went to Secretary retary of Health and Human Services, airline pilot from Nevada, had not yet Thompson and said it is dangerous to Tommy Thompson, under his authority suffered the debilitating stroke that sell in the United States. He has done to protect American families, to pro- cost him his health and his job due to nothing. tect them against a nutritional supple- ephedra. Let me tell you another thing you ment known as ephedra. You will find I again wrote to Secretary Thompson might not know. The U.S. Army has this supplement in a lot of diet pills, on August 22. At that time, when I sent banned the sale of ephedra in their pills that are being sold over the him a letter begging him to do some- commissaries worldwide after 33

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2675 ephedra-related deaths occurred among Suffolk County, a week or so ago in warning label is not enough. You can- American servicemen. Does this make New York, decided to ban this product not get by with putting a label on this any sense? We believe as a government as well after a 20-year-old named Peter product, saying: Caution, use of this that we need to protect the men and Schlendorf died in 1996, and others suf- product may cause stroke, a coronary women in uniform and so we ban the fered serious consequences. They un- event, or death. Why in the world sale of these products at commissaries derstood, as the U.S. Army, Canada, would you allow such a product to be across the world, and yet the Secretary Britain, Australia, and Germany, that sold over the counter, unregulated in of Health and Human Services and the action had to be taken to protect the terms of the age of the buyer, unregu- Commissioner of the Food and Drug residents. The National Football lated in terms of the dosage? How in Administration will not ban the sale of League, the NCAA, and the Inter- the world can you justify that kind of these products in convenience stores national Olympic Commission have a thing? and drugstores and gas stations across reached the same conclusion, banning The Secretary needs to accept his re- America. the use of this product by athletes. sponsibility, and if he does, I will be When you ask him about it, the Sec- I wrote to the Baseball Commis- the first to applaud him. But until he retary says: I am studying it. I have a sioner, Bud Selig, last week and to the does, stay tuned. You will continue to group called the RAND Commission Baseball Players’ Association urging hear these speeches on the floor from that is going to study it. them to follow suit. The question isn’t me and others while helpless victims With all due respect, we don’t need whether these individual organizations across America fall because of their another study. The Food and Drug Ad- will show responsibility. The question consumption of this deadly product. ministration has received over 18,000 is whether this Government will accept Mr. REID. Will the Senator yield for adverse reports about ephedra. The its responsibility. a question? FDA could do followup on the most se- I don’t know Secretary Thompson Mr. DURBIN. I am happy to yield. rious ones. In fact, the FDA did com- that well. I have met him a few times. Mr. REID. As the Senator knows, the mission a review of adverse reports sev- He is a very likable person. He cer- Senate has been tied up in the matter eral years ago. That review by Drs. tainly has had a distinguished public of Miguel Estrada for 9 or 10 days. Haller and Benowitz established that 31 career in the State of Wisconsin, serv- From what the Senator said, I don’t percent of the reports were definitely ing as a legislator and Governor of the know much about the product, but he or probably related to ephedra and an State for many years, one of the most has made a very persuasive argument. additional 31 were deemed to be pos- popular elected officials in its history. It seems to me if the administration sibly related. We understand what we are up Everyone tells me this man really un- and the Secretary, as part of the ad- against. Ephedra is a danger. It is so derstands public service. I believe it. ministration, refuses to do anything dangerous that when it was used in its This really seems to be a blind spot. administratively, maybe we could well synthetic form with caffeine, that was When I talked to Secretary Thompson use some Senate time debating this banned over 15 years ago. They said on the phone about these products, he issue. Maybe there should be a morato- you couldn’t sell a drug in America, said: How are we going to stop these rium put on the sale of this until fur- nor could you sell an over-the-counter fellows from selling these products and ther information is obtained on it. I drug product in America that con- endangering people? I said: Mr. Sec- make that suggestion. tained ephedra and caffeine because, retary, you can stop them. You have My direct question, if the Secretary put together, it is a dangerous and the authority to stop them. refuses to do something forthwith, sometimes lethal combination. But yet Time passes and nothing happens. I wouldn’t we well use the time that is if you step back from the over-the- understand this industry is powerful. I now being spent on this nomination counter drugs and call it a nutrition have heard from them. I have heard talking about this product that has supplement, a vitamin, a food, you are from my colleagues in the Senate and killed people as the Senator has re- totally exempt from that prohibition. House who have said: Don’t take on lated? You can combine those two lethal sub- these folks in the vitamin and nutri- Mr. DURBIN. The Senator is abso- stances, ephedra and caffeine, and sell tional supplement industry. They real- lutely right. In fact, we not only could, them with impunity. Does that make ly have a lot of political clout. They we should. We should accept that re- any sense? Is that protecting con- do. But for goodness’ sakes, if you sponsibility. We do have this Govern- sumers across America? Is that what can’t stand up to an industry that is ment which has three coequal you expect from your government? selling a lethal product to protect branches. If the executive branch and Certainly it is not what I expect. American families, why in the world Secretary Thompson refuses to use the Many of these companies say it is a would you take the oath of office to authority he has under the law, frank- natural product. Ephedra is naturally serve in the Senate? I think every ly, I think we should ban the sale of occurring. That is no defense. Arsenic Member understands that responsi- this product in the U.S. is a natural product. Hemlock is a nat- bility. It goes beyond political fear. It As the Senator knows, we have been ural product. That doesn’t mean that goes right to the heart of your political tied up for 3 weeks because Miguel they are safe. In fact, they are dan- responsibility, the oath of office we all Estrada refuses to disclose legal gerous. take and one we all value so much. writings he has made. Even Republican We have seen a lot of studies that In closing, I say to Secretary Thomp- Senators have suggested that he have come out about ephedra. We know son, you have another chance now. It is should. what needs to be done. Many States a chance which I pray you will take. We have waited for Republicans to have already taken action. Because the The last time I made a speech on the understand that with more informa- Federal Government has failed to act, floor of the Senate about this issue, tion, we can put this behind us and over 20 States have enacted restric- Steve Bechler of the Baltimore Orioles, move on to other important business— tions on the sale of ephedra-containing a man in his early twenties, a prom- not just questions about health and products. ising athlete with a great future ahead safety, but questions about the econ- Incidentally, if you think these prod- of him, was still alive. Sadly, he is not omy of this Nation, issues on which we ucts are something you have never alive today. He took this product and ought to be debating and acting. heard of, the leading sales of ephedra he died as a result. Others will, too. In closing, I am just going to ask products are under the brand name That story, that tragic story of Steve Secretary Thompson again to take this Metabolife 365. You have seen them ad- Bechler, Sean Riggins, and so many very seriously. I hope we don’t have to vertised on television and in maga- others will be repeated over and over read about more athletes and other zines. Every time you walk into a drug- again. This industry may have political unsuspecting individuals and children store and convenience store, you find: clout, but it does not have a con- who lose their lives as a result of these Metabolife tablets help you lose science. It is up to the Secretary, as dangerous products. I say to any citi- weight. Look carefully. Many of them head of the Health and Human Services zens following this debate, please think contain ephedra, this lethal drug which Department, to accept his responsi- twice before you use a product con- has killed so many people. bility to protect American families. A taining ephedra. There are too many

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2676 CONGRESSIONAL RECORD — SENATE February 25, 2003 cases of death and serious health con- legal principles and procedures and MORNING BUSINESS sequences for people who thought they must also be impartial, even tempered Mr. TALENT. Mr. President, I ask were taking an innocent little pill that and have a well-defined sense of jus- unanimous consent that the Senate can be sold over the counter at a con- tice, compassion and fair play. proceed to a period for morning busi- venience store. In fact, many have In addition, a judge must have the in- ness. turned out to be lethal doses that have tegrity to leave legislating to law- The PRESIDING OFFICER. Without killed or caused a great deal of harm. makers. Judges must have the self-re- objection, it is so ordered. I yield the floor and suggest the ab- straint to avoid injecting their own sence of a quorum. personal views or ideas that may be in- f The PRESIDING OFFICER. The consistent with existing decisional or HONORING MAJOR GENERAL clerk will call the roll. statutory law. The assistant legislative clerk pro- PHILIP G. KILLEY FOR 40 YEARS I believe Mr. Estrada possesses the OF SERVICE ceeded to call the roll. knowledge and skills needed to be a Mr. TALENT. Mr. President, I ask successful court of appeals judge. Few Mr. DASCHLE. Mr. President, today unanimous consent that the order for would argue with his academic creden- I salute a great American and South the quorum call be rescinded. tials, litigation experience or intel- Dakotan, Major General Philip G. The PRESIDING OFFICER. Without ligence. Killey. objection, it is so ordered. And based on my conversation with General Killey, currently the Adju- Mr. NELSON of Florida. Mr. Presi- tant General of the South Dakota Na- dent, the courts provide the foundation him, and those who know him well, I believe he respects—and will honor— tional Guard, retires at the end of this upon which the institutions of govern- week, after 40 years of service. His ment in our free society are built. his moral and legal obligation to up- hold the law impartially. service includes nearly a quarter-cen- Their strength and legitimacy are de- tury with the South Dakota National rived from a long tradition of Federal However, should Mr. Estrada some- day be considered for a position on the Guard, including two separate appoint- judges whose knowledge, integrity and ments as Adjutant General covering impartiality are beyond reproach. Supreme Court—as some have sug- gested he could be—I believe further more than 6 years. The Senate is obligated by the Con- Since September 11, 2001, General stitution—and the public interest—to inquiry not only will be justified, but necessary. Killey’s job has become more demand- protect this legacy and to ensure that ing and complex, but, as ever through the public’s confidence in the court While appellate judges are con- strained to a great degree by prece- his career, he has proven worthy of the system is justified and continues for challenge. Since September 11, his many years to come. dent, and by a check on their power by the Supreme Court, justices on the troops have been performing a broad As guardians of this trust we must variety of missions, from bolstering se- carefully scrutinize the credentials and High Court have greater latitude to in- sert their own ideological viewpoints. curity at our State’s airports to enforc- qualifications of every man and woman ing the no-fly zone over Iraq, from nominated by the President to serve on Mr. Estrada agreed wholeheartedly with this point when we discussed his fighting forest fires to keeping the the Federal bench. peace in Bosnia. All this, while also The men and women we approve for nomination. staying trained and ready for their these lifetime appointments make im- Make no mistake; I believe all judi- next assignment. portant decisions each and every day, cial nominees should be completely Now, that next assignment is here. which impact the American people. forthcoming during the confirmation About 1,200 South Dakota Guard per- Once on the bench they may be called process. sonnel have been called to active duty upon to consider the extent of our Mr. Estrada has argued that he’s sat- as part of our Nation’s buildup on the right to personal privacy, our right to isfied a minimum threshold of disclo- borders of Iraq. Given the small popu- free speech, or even a criminal defend- sure, and that revealing additional in- lation of our State, this is a major con- ant’s right to counsel. The importance formation about his personal ideolog- tribution. In fact, on a per capita basis, of these positions and their influence ical beliefs may compromise his image South Dakota is contributing more must not be dismissed. of impartiality—if he eventually is We all have benefitted from listening seated on the federal bench. Guard personnel than all but five other to the debate about Miguel Estrada’s I disagree with his approach, because States. This is a much larger commit- qualifications to serve on the D.C. Cir- it leads to the suspicion and mistrust— ment than the South Dakota Guard cuit. like that which now engulfs us. was asked to provide during Desert I very much respect those Senators Furthermore, I do not believe a simi- Storm, its other major call-up of the who desire to have additional informa- lar argument reasonably can be made post-Cold War period, and it has come tion about Mr. Estrada’s personal be- by a nominee to the Supreme Court. at a time when General Killey is al- liefs. Their efforts reflect a sound com- Ideology can be central to the High ready managing other high-priority mitment to the Senate’s constitutional Court’s decisions. As a result, absolute commitments. obligation to advise and consent. disclosure by Supreme Court nominees Managing these tasks and the Iraq At the same time, I am troubled by is necessary to protect the public inter- call-up turns out to be the capstone those who have suggested that some est. event of General Killey’s long military Senators are anti-Hispanic because In sum, while I believe Mr. Estrada career, and it stands as a real testa- they seek additional information about could have been more forthcoming in ment to his skill and leadership. It is this nominee. Poisoning the debate order to avoid this controversy, my at critical moments like this, when with baseless accusations demeans the conclusion is that he is qualified to your resources are stretched thin and nomination process. serve on the D.C. Circuit. you are asked to do even more, that After reviewing Mr. Estrada’s per- Should he come before the Senate as gaps in training, leadership or equip- sonal and professional credentials—in- a nominee to the Supreme Court, he ment will reveal themselves. But in cluding personally interviewing the must be willing to provide additional South Dakota, General Killey’s troops nominee—I believe he is qualified to information about his personal beliefs. have met the test. They are ready, and serve on the D.C. Circuit Court—and, I it shows. Over the years, General Killey and I will vote in favor of his nomination. f A Federal appellate judge’s power to have worked together on many fronts decide and pronounce judgment and to improve the equipment and facili- carry it into effect is immense and LEGISLATIVE SESSION ties of the Guard. In the past 2 years, comes with a moral and legal obliga- Mr. TALENT. Mr. President, I ask we have been able to secure nearly $35 tion to conform to the highest stand- unanimous consent that the Senate re- million in construction funds to im- ards of conduct. turn to legislative session. prove 7 Guard facilities at Camp Rapid, Federal judges must possess a high The PRESIDING OFFICER. Without Fort Meade, Pierre, Watertown, Mitch- degree of knowledge of established objection, it is so ordered. ell, and Sioux Falls. We were able to

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2677 secure $97 million to upgrade 2 battal- ity Party. During the transaction of routine Member’s seniority or positions of responsi- ions of the multiple launch rocket sys- business any member of the Select Com- bility, or a combination of these; and tem, one in South Dakota and one in mittee constituting the quorum shall have (ii) in the case of an officer or employee, Arkansas, making our artillery system the right to postpone further discussion of a dismissal, suspension, payment of restitu- pending matter until such time as a major- one of the most modern and battle- tion, or a combination of these; ity of the members of the Select Committee (3) subject to the provisions of subsection ready in the National Guard. are present. (e), by a unanimous vote of 6 members, order In these and other endeavors, I have (3) The Select Committee may fix a lesser that a Member, officer, or employee be rep- come to appreciate and respect General number as a quorum for the purpose of tak- rimanded or pay restitution, or both, if the Killey for his vision, his energy and ing sworn testimony. Select Committee determines, after accord- initiative, and his sophistication in (d)(1) A member of the Select Committee ing to the Member, officer, or employee due dealing with both military and civilian shall be ineligible to participate in— notice and opportunity for a hearing, that (A) any preliminary inquiry, or adjudica- misconduct occurred warranting discipline authorities. It’s been a valuable and tory review relating to— productive partnership. less serious than discipline by the full Sen- (i) the conduct of— ate; We clearly owe a debt of gratitude to (I) such member; (4) in the circumstances described in sub- (II) any officer or employee the member General Killey for 40 years of patriotic section (d)(3), issue a public or private letter supervises; or service to our State and our Nation. I of admonition to a Member, officer, or em- am proud to call him a fellow South (III) any employee of any officer the mem- ber supervises; or ployee, which shall not be subject to appeal Dakotan and wish all the best for him (ii) any complaint filed by the member; to the Senate; and his wife, Ellen. and (5) recommend to the Senate, by report or f (B) the determinations and recommenda- resolution, such additional rules or regula- tions of the Select Committee with respect tions as the Select Committee shall deter- RULES OF PROCEDURE OF THE to any preliminary inquiry or adjudicatory mine to be necessary or desirable to insure SELECT COMMITTEE ON ETHICS review described in subparagraph (A). proper standards of conduct by Members of Mr. VOINOVICH. Mr. President, in For purposes of this paragraph, a member the Senate, and by officers or employees of the Senate, in the performance of their du- accordance with Rule XXVI.2 of the of the Select Committee and an officer of the Senate shall be deemed to supervise any offi- ties and the discharge of their responsibil- Standing Rules of the Senate, I ask cer or employee consistent with the provi- ities; unanimous consent that the Rules of sion of paragraph 12 of Rule XXXVII of the (6) by a majority vote of the full com- Procedure of the Select Committee on Standing Rules of the Senate. mittee, report violations of any law, includ- Ethics, which were adopted February (2) A member of the Select Committee ing the provision of false information to the 23, 1978, and revised November 1999, be may, at the discretion of the member, dis- Select Committee, to the proper Federal and printed in the CONGRESSIONAL RECORD qualify himself or herself from participating State authorities; and for the 108th Congress. in any preliminary inquiry or adjudicatory (7) develop and implement programs and There being no objection, the mate- review pending before the Select Committee materials designed to educate Members, offi- and the determinations and recommenda- cers, and employees about the laws, rules, rial was ordered to be printed in the tions of the Select Committee with respect regulations, and standards of conduct appli- RECORD, as follows: to any such preliminary inquiry or adjudica- cable to such individuals in the performance RULES OF THE SELECT COMMITTEE ON ETHICS tory review. Notice of such disqualification of their duties. PART I: ORGANIC AUTHORITY shall be given in writing to the President of (b) For the purposes of this resolution— SUBPART A—S. RES. 338 AS AMENDED the Senate. (1) the term ‘‘sworn compliant’’ means a (3) Whenever any member of the Select S. Res. 338, 88th Cong., 2d Sess. (1964) written statement of facts, submitted under Committee is ineligible under paragraph (1) penalty of perjury, within the personal Resolved, That (a) there is hereby estab- to participate in any preliminary inquiry or knowledge of the complainant alleging a vio- lished a permanent select committee of the adjudicatory review or disqualifies himself lation of law, the Senate Code of Official Senate to be known as the Select Committee or herself under paragraph (2) from partici- Conduct, or any other rule or regulation of on Ethics (referred to hereinafter as the ‘‘Se- pating in any preliminary inquiry or adju- the Senate relating to the conduct of indi- lect Committee’’) consisting of six Members dicatory review, another Senator shall, sub- viduals in the performance of their duties as of the Senate, of whom three shall be se- ject to the provisions of subsection (d), be Members, officers, or employees of the Sen- lected from members of the majority party appointed to serve as a member of the Select ate; and three shall be selected from members of Committee solely for purposes of such pre- (2) the term ‘‘preliminary inquiry’’ means the minority party. Members thereof shall be liminary inquiry or adjudicatory review and a proceeding undertaken by the Select Com- appointed by the Senate in accordance with the determinations and recommendations of mittee following the receipt of a complaint the provisions of Paragraph I of Rule XXIV the Select Committee with respect to such or allegation of, or information about, mis- of the Standing Rules of the Senate at the preliminary inquiry or adjudicatory review. conduct by a Member, officer, or employee of beginning of each Congress. For purposes of Any Member of the Senate appointed for the Senate to determine whether there is paragraph 4 of Rule XXV of the Standing such purposes shall be of the same party as substantial credible evidence which provides Rules of the Senate, service of a Senator as the Member who is ineligible or disqualifies substantial case for the Select Committee to a member or chairman of the Select Com- himself or herself. conclude that a violation within the jurisdic- mittee shall not be taken into account. SEC. 2. (a) It shall be the duty of the Select tion of the Select Committee has occurred; (b) Vacancies in the membership of the Se- Committee to— and lect Committee shall not affect the author- (1) receive complaints and investigate alle- (3) the term ‘‘adjudicatory review’’ means ity of the remaining members to execute the gations of improper conduct which may re- a proceeding undertaken by the Select Com- functions of the committee, and shall be flect upon the Senate, violations of law, vio- mittee after a finding, on the basis of a pre- filled in the same manner as original ap- lations of the Senate Code of Official Con- liminary inquiry, that there is substantial pointments thereto are made. duct and violations of rules and regulations credible evidence which provides substantial (c)(1) A majority of the members of the Se- of the Senate, relating to the conduct of in- cause for the Select Committee to conclude lect Committee shall constitute a quorum dividuals in the performance of their duties that a violation within the jurisdiction of for the transaction of business involving as Members of the Senate, or as officers or the Select Committee has occurred. complaints or allegations of, or information employees of the Senate, and to make appro- about, misconduct, including resulting pre- priate findings of fact and conclusions with (c)(1) No— liminary inquiries, adjudicatory reviews, respect thereto; (A) adjudicatory review of conduct of a recommendations or reports, and matters re- (2)(A) recommend to the Senate by report Member or officer of the Senate may be con- lating to Senate Resolution 400, agreed to or resolution by a majority vote of the full ducted; May 19, 1976. committee disciplinary action to be taken (B) report, resolution, or recommendation (2) Three members shall constitute a with respect to such violations which the Se- relating to such an adjudicatory review of quorum for the transaction of routine busi- lect Committee shall determine, after ac- conduct may be made; and ness of the Select Committee not covered by cording to the individual concerned due no- (C) letter of admonition pursuant to sub- the first paragraph of this subparagraph, in- tice and opportunity for a hearing, to have section (d)(3) may be issued, unless approved cluding requests for opinions and interpreta- occurred; by the affirmative recorded vote of no fewer tions concerning the Code of Official Con- (B) pursuant to subparagraph (A) rec- than 4 members of the Select Committee. duct or any other statute or regulation ommend discipline, including— (2) No other resolution, report, rec- under the jurisdiction of the Select Com- (i) in the case of a Member, a recommenda- ommendation, interpretative ruling, or advi- mittee, if one member of the quorum is a tion to the Senate for expulsion, censure, sory opinion may be made without an affirm- member of the majority Party and one mem- payment of restitution, recommendation to ative vote of a majority of the Members of ber of the quorum is a member of the minor- a Member’s party conference regarding the the Select Committee voting.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2678 CONGRESSIONAL RECORD — SENATE February 25, 2003 (d)(1) When the Select Committee receives initiated of any alleged violation of any law, (2) any such subpoena shall be issued and a sworn complaint or other allegation or in- the Senate Code of Official Conduct, rule, or signed by the chairman and the vice chair- formation about a Member, officer, or em- regulation which was not in effect at the man and may be served by any person des- ployee of the Senate, it shall promptly con- time the alleged violation occurred. No pro- ignated by the chairman and vice chairman. duct a preliminary inquiry into matters visions of the Senate Code of Official Con- (3) The chairman or any member of the Se- raised by that complaint, allegation, or in- duct shall apply to or require disclosure of lect Committee may administer oaths to formation. The preliminary inquiry shall be any act, relationship, or transaction which witnesses. of duration and scope necessary to determine occurred prior to the effective date of the ap- (e)(1) The Select Committee shall prescribe whether that is substantial credible evidence plicable provision of the Code. The Select and publish such regulations as it feels are which provides substantial cause for the Se- Committee may initiate an adjudicatory re- necessary to implement the Senate Code of lect Committee to conclude that a violation view of any alleged violation of a rule or law Official Conduct. within the jurisdiction of the Select Com- was in effect prior to the enactment of the (2) The Select Committee is authorized to mittee has occurred. The Select Committee Senate Code of Official Conduct if the al- issue interpretative rulings explaining and may delegate to the chairman and vice leged violation occurred while such rule or clarifying the application of any law, the chairman the discretion to determine the ap- law was in effect and the violation was not a Code of Official Conduct, or any rule or regu- propriate duration, scope, and conduct of a matter resolved on the merits by the prede- lation of the Senate within its jurisdiction. (3) The Select Committee shall render an preliminary inquiry. cessor Select Committee. (2) If, as a result of a preliminary inquiry (h) The Select Committee shall adopt writ- advisory opinion, in writing within a reason- under paragraph (1), the Select Committee ten rules setting forth procedures to be used able time, in response to a written request determines by a recorded vote that there is in conducting preliminary inquiries and ad- by a Member or officer of the Senate or a candidate for nomination for election, or not such substantial credible evidence, the judicatory reviews. election to the Senate, concerning the appli- Select Committee shall dismiss the matter. (i) The Select Committee from time to cation of any law, the Senate Code of Official The Select Committee may delegate to the time shall transmit to the Senate its rec- Conduct, or any rule or regulation of the chairman and vice chairman the authority, ommendations as to any legislative meas- Senate within its jurisdiction to a specific on behalf of the Select Committee, to dis- ures which it may consider to be necessary factual situation pertinent to the conduct or miss any matter that they determine, after a for the effective discharges of its duties. EC. 3. (a) The Select Committee is author- proposed conduct or proposed conduct of the preliminary inquiry, lacks substantial merit. S ized to (1) make such expenditures; (2) hold person seeking the advisory opinion. The Select Committee shall inform the indi- such hearings; (3) sit and act at such times (4) The Select Committee may in its dis- vidual who provided to the Select Committee and places during the sessions, recesses, and cretion render an advisory opinion in writing the complaint, allegation, or information, adjournment periods of the Senate; (4) re- within a reasonable time in response to a and the individual who is the subject of the quire by subpoena or otherwise the attend- written request by any employee of the Sen- complaint, allegation, or information, of the ance of such witnesses and the production of ate concerning the application of any law, dismissal, together with an explanation of such correspondence, books, papers, and doc- the Senate Code of Official Conduct, or any the basis for the dismissal. rule or regulation of the Senate within its (3) If, as a result of a preliminary inquiry uments; (5) administer such oaths; (6) take such testimony orally or by deposition; (7) jurisdiction to a specific factual situation under paragraph (1), the Select Committee employ and fix the compensation of a staff pertinent to the conduct or proposed conduct determines that a violation is inadvertent, director, a counsel, an assistant counsel, one of the person seeking the advisory opinion. technical, or otherwise of a de minimis na- or more investigators, one or more hearing (5) Notwithstanding any provision of the ture, the Select Committee may dispose of examiners, and such technical, clerical, and Senate Code of Official Conduct or any rule the matter by issuing a public or private let- other assistants and consultants as it deems or regulation of the Senate, any person who ter of admonition, which shall not be consid- advisable; and (8) to procure the temporary relies upon any provision or finding of an ad- ered discipline. The Select Committee may services (not in excess of one year) or inter- visory opinion in accordance with the provi- issue a public letter of admonition upon a mittent services of individual consultants, or sions of paragraphs (3) and (4) and who acts similar determination at the conclusion of organizations thereof, by contract as inde- in good faith in accordance with the provi- an adjudicatory review. pendent contractors or, in the case of indi- sions and findings of such advisory opinion (4) If, as a result of a preliminary inquiry viduals, by employment at daily rates of shall not, as a result of any such act, be sub- under paragraph (1), the Select Committee compensation not in excess of the per diem ject to any sanction by the Senate. determines that there is such substantial equivalent of the highest rate of compensa- (6) Any advisory opinion rendered by the credible evidence and the matter cannot be tion which may be paid to a regular em- Select Committee under paragraphs (3) and appropriately disposed of under paragraph ployee of the Select Committee. (4) may be relied upon by (A) any person in- (3), the Select Committee shall promptly ini- (b)(1) The Select Committee is authorized volved in the specific transaction or activity tiate an adjudicatory review. Upon the con- to retain and compensate counsel not em- with respect to which such advisory opinion clusion of such adjudicatory review, the Se- ployed by the Senate (or by any department is rendered: Provided, however, that the re- lect Committee shall report to the Senate, as or agency of the executive branch of the quest for such advisory opinion included a soon as practicable, the results of such adju- Government) whenever the Select Com- complete and accurate statement of the spe- dicatory review, together with its rec- mittee determines that the retention of out- cific factual situation; and, (B) any person ommendations (if any) pursuant to sub- side counsel is necessary or appropriate for involved in any specific transaction or activ- section (a)(2). any action regarding any compliant or alle- ity which is indistinguishable in all its mate- (e)(1) Any individual who is the subject to gation, which, in the determination of the rial aspects from the transaction or activity a reprimand or order of restitution, or both, Select Committee is more appropriately con- with respect to which such advisory opinion pursuant to subsection (a)(3) may, within 30 ducted by counsel not employed by the Gov- is rendered. days of the Select Committee’s report to the ernment of the United States as a regular (7) Any advisory opinion issued in response Senate of its action imposing a reprimand or employee. to a request under paragraph (3) and (4) shall orter of restitution, or both, appeal to the (2) Any adjudicatory review as defined in be printed in the Congressional Record with Senate by providing written notice of the section 2(b)(3) shall be conducted by outside appropriate deletions to assure the privacy basis for the appeal to the Select Committee counsel as authorized in paragraph (1), un- of the individual concerned. The Select Com- and the presiding officer of the Senate. The less the Select Committee determines not to mittee shall, to the extent practicable, be- presiding officer of the Senate shall cause use outside counsel. fore rendering an advisory opinion, provide the notice of the appeal to be printed in the (c) With the prior consent of the depart- any interested party with an opportunity to Congressional Record and the Senate Jour- ment or agency concerned, the Select Com- transmit written comments to the Select nal. mittee may (1) utilize the services, informa- Committee with respect to the request for (2) A motion to proceed to consideration of tion and facilities of any such department or such advisory opinion. The advisory opinions an appeal pursuant to paragraph (1) shall be agency of the Government, and (2) employ on issued by the Select Committee shall be highly privileged and not debatable. If the a reimbursable basis or otherwise the serv- compiled, indexed, reproduced, and made motion to proceed to consideration of the ap- ices of such personnel of any such depart- available on a periodic basis. peal is agreed to, the appeal shall be decided ment or agency as it deems advisable. With (8) A brief description of a waiver granted on the basis of the Select Committee’s report the consent of any other committee of the under paragraph 2(c) [Note: Now Paragraph to the Senate. Debate on the appeal shall be Senate, or any subcommittee thereof, the 1] of Rule XXXIV or paragraph 1 of Rule limited to 10 hours, which shall be divided Select Committee may utilize the facilities XXXV of the Standing Rules of the Senate equally between, and controlled by, those fa- and the services of the staff of such other shall be made available upon request in the voring and those opposing the appeal. committee or subcommittee whenever the Select Committee office with appropriate de- (f) The Select Committee may, in its dis- chairman of the Select Committee deter- letions to assure the privacy of the indi- cretion, employ hearing examiners to hear mines that such action is necessary and ap- vidual concerned. testimony and make findings of fact and/or propriate. SEC. 4. The expenses of the Select Com- recommendations to the Select Committee (d)(1) Subpoenas may be authorized by— mittee under this resolution shall be paid concerning the disposition of complaints. (A) the Select Committee; or from the contingent fund of the Senate upon (g) Notwithstanding any other provision of (B) the chairman and vice chairman, act- vouchers approved by the chairman of the this section, no adjudicatory review shall be ing jointly. Select Committee.

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SEC. 5. As used in this resolution, the term action of any character concerning or re- Senate, in the case of a Member, or removal ‘‘officer or employee of the Senate’’ means— lated to a violation of the franking laws or from office or employment or punishment (1) an elected officer of the Senate who is an abuse of the franking privilege by any for contempt, in the case of an officer or em- not a Member of the Senate; person listed under subsection (a) of this sec- ployee. (2) an employee of the Senate, any com- tion as entitled to send mail as franked mail, SUBPART D—RELATING TO RECEIPT AND DIS- mittee or subcommittee of the Senate, or until a complaint has been filed with the se- POSITION OF FOREIGN GIFTS AND DECORA- any member of the Senate; lect committee and the committee has ren- TIONS RECEIVED BY MEMBERS, OFFICES AND (3) the legislative Counsel of the Senate or dered a decision under subsection (b) of this EMPLOYEES OF THE SENATE OR THEIR any employee of his office; section. SPOUSES OR DEPENDENTS, PROVISIONS RELAT- (4) an Official Reporter of Debates of the (d) The select committee shall prescribe ING TO THE SELECT COMMITTEE ON ETHICS Senate and any person employed by the Offi- regulations for the holding of investigations Section 7342 of title 5, United States code, cial Reporters of Debates of the Senate in and hearings, the conduct of proceedings, states as follows: connection with the performance of their of- and the rendering of decisions under this SEC. 7342. Receipt and disposition of for- ficial duties; subsection providing for equitable proce- eign gifts and decorations. (5) a Member of the Capitol Police force dures and the protection of individual, pub- ‘‘(a) For the purpose of this section— whose compensation is disbursed by the Sec- lic, and Government interests. The regula- ‘‘(1) ‘employee’ means— retary of the Senate; tions shall, insofar as practicable, contain ‘‘(A) an employee as defined by section 2105 (6) an employee of the Vice President if the substance of the administrative proce- of this title and an officer or employee of the such employee’s compensation is disbursed dure provisions of sections 551–559 and 701– United States Postal Service or of the Postal by the Secretary of the Senate; and 706, of title 5, United States Code. These reg- Rate Commission; (7) an employee of a joint committee of the ulations shall govern matters under this sub- ‘‘(B) an expert or consultant who is under Congress whose compensation is disbursed by section subject to judicial review thereof. contract under section 3109 of this title with the Secretary of the Senate. (e) The select committee shall keep a com- the United States or any agency, depart- SUBPART B—PUBLIC LAW 92–191—FRANKED MAIL, plete record of all its actions, including a ment, or establishment thereof, including, in PROVISIONS RELATING TO THE SELECT COM- record of the votes on any question on which the case of an organization performing serv- MITTEE a record vote is demanded. All records, data, ices under such section, any individual in- SEC. 6. (a) The Select Committee on Stand- and files of the select committee shall be the volved in the performance of such services; ards and Conduct of the Senate [NOTE: Now property of the Senate and shall be kept in ‘‘(C) an individual employed by, or occu- the Select Committee on Ethics] shall pro- the offices of the select committee or such pying an office or position in, the govern- vide guidance, assistance, advice and coun- other places as the committee may direct. ment of a territory or possession of the sel, through advisory opinions or consulta- SUBPART C—STANDING ORDERS OF THE SENATE United States or the government of the Dis- tions, in connection with the mailing or con- REGARDING UNAUTHORIZED DISCLOSURE OF trict of Columbia; templated mailing of franked mail under sec- INTELLIGENCE INFORMATION, S. RES. 400, 94TH ‘‘(D) a member of a uniformed service; tion 3210, 3211, 3212, 3218(2) or 3218, and in CONGRESS, PROVISIONS RELATING TO THE SE- ‘‘(E) the President and the Vice President; connection with the operation of section LECT COMMITTEE ‘‘(F) a Member of Congress as defined by section 2106 of this title (except the Vice 3215, of title 39, United States Code, upon the SEC. 8. * * * request of any Member of the Senate or (c)(1) No information in the possession of President) and any Delegate to the Congress; Member-elect, surviving spouse of any of the the select committee relating to the lawful and ‘‘(G) the spouse of an individual described foregoing, or other Senate official, entitled intelligence activities of any department or in subparagraphs (A) through (F) (unless to send mail as franked mail under any of agency of the United States which has been such individual and his or her spouse are sep- those sections. The select committee shall classified under established security proce- arated) or a dependent (within the meaning prescribe regulations governing the proper dures and which the select committee, pur- of section 152 of the Internal Revenue Code use of the franking privilege under those sec- suant to subsection (a) or (b) of this section, of 1986) of such an individual, other than a tions by such persons. (b) Any complaint has determined should not be disclosed, shall spouse or dependent who is an employee filed by any person with the select com- be made available to any person by a Mem- under subparagraphs (A) through (F); mittee that a violation of any section of title ber, officer, or employee of the Senate except ‘‘(2) ‘foreign government’ means— 39, United States Code, referred to in sub- in a closed session of the Senate or as pro- ‘‘(A) any unit of foreign governmental au- section (a) of this section is about to occur vided in paragraph (2). thority, including any foreign national, or has occurred within the immediately pre- (2) The select committee may, under such State, local, and municipal government; ceding period of 1 year, by any person re- regulations as the committee shall prescribe ‘‘(B) any international or multinational or- ferred to in such subsection (a), shall contain to protect the confidentiality of such infor- ganization whose membership is composed of pertinent factual material and shall conform mation, make any information described in any unit of foreign government described in to regulations prescribed by the select com- paragraph (1) available to any other com- subparagraph (A); and mittee. The select committee, if it deter- mittee or any other Member of the Senate. ‘‘(C) any agent or representative of any mines there is reasonable justification for Whenever the select committee makes such such unit or such organization, while acting the complaint, shall conduct an investiga- information available, the committee shall as such; tion of the matter, including an investiga- keep a written record showing, in the case of ‘‘(3) ‘gift’ means a tangible or intangible tion of reports and statements filed by that any particular information, which com- present (other than a decoration) tendered complainant with respect to the matter mittee or which Members of the Senate re- by, or received from, a foreign government; which is the subject of the complaint. The ceived such information. No Member of the ‘‘(4) ‘decoration’ means an order, device, committee shall afford to the person who is Senate who, and no committee which, re- medal, badge, insignia, emblem, or award the subject of the complaint due notice and, ceives any information under this sub- tendered by, or received from, a foreign gov- if it determines that there is substantial rea- section, shall disclose such information ex- ernment; son to believe that such violation has oc- cept in a closed session of the Senate. ‘‘(5) ‘minimal value’ means a retail value curred or is about to occur, opportunity for (d) It shall be the duty of the Select Com- in the United States at the time of accept- all parties to participate in a hearing before mittee on Standards and Conduct to inves- ance of $100 or less, except that— the select committee. The select committee tigate any unauthorized disclosure of intel- ‘‘(A) on January 1, 1981, and at 3 year inter- shall issue a written decision on each com- ligence information by a Member, officer or vals thereafter, ‘minimal value’ shall be re- plaint under this subsection not later than employee of the Senate in violation of sub- defined in regulations prescribed by the Ad- thirty days after such a complaint has been section (c) and to report to the Senate con- ministrator of General Services, in consulta- filed or, if a hearing is held, not later than cerning any allegation which it finds to be tion with the Secretary of State, to reflect thirty days after the conclusion of such substantiated. changes in the consumer price index for the hearing. Such decision shall be based on (e) Upon the request of any person who is immediately preceding 3-year period; and written findings of fact in the case by the se- subject to any such investigation, the Select ‘‘(B) regulations of an employing agency lect committee. If the select committee Committee on Standards and Conduct shall may define ‘minimal value’ for its employees finds, in its written decision, that a violation release to such individual at the conclusion to be less than the value established under has occurred or is about to occur, the com- of its investigation a summary of its inves- this paragraph; and mittee may take such action and enforce- tigation together with its findings. If, at the ‘‘(6) ‘employing agency’ means— ment as it considers appropriate in accord- conclusion of its investigation, the Select ‘‘(A) the Committee on Standards of Offi- ance with applicable rules, precedents, and Committee on Standards and Conduct deter- cial Conduct of the House of Representa- standing orders of the Senate, and such mines that there has been a significant tives, for Members and employees of the other standards as may be prescribed by such breach of confidentiality or unauthorized House of Representatives, except that those committee. disclosure by a Member, officer, or employee responsibilities specified in subsections (c) Notwithstanding any other provision of of the Senate, it shall report its findings to (c)(2)(A), (e)(1), and (g)(2)(B) shall be carried law, no court or administrative body in the the Senate and recommend appropriate ac- out by the Clerk of the House; United States or in any territory thereof tion such as censure, removal from com- ‘‘(B) the Select Committee on Ethics of the shall have jurisdiction to entertain any civil mittee membership, or expulsion from the Senate, for Senators and employees of the

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2680 CONGRESSIONAL RECORD — SENATE February 25, 2003 Senate, except that those responsibilities for disposal in accordance with subsection Central Intelligence may delete the informa- (other than responsibilities involving ap- (e)(2). tion described in subparagraphs (A) and (C) proval of the employing agency) specified in ‘‘(e)(1) Except as provided in paragraph (2), of paragraphs (2) and (3) if the Director cer- subsections (c)(2), (d), and (g)(2)(B) shall be gifts and decorations that have been depos- tifies in writing to the Secretary of State carried out by the Secretary of the Senate; ited with an employing agency for disposal that the publication of such information ‘‘(C) the Administrative Office of the shall be (A) returned to the donor, or (B) for- could adversely affect United States intel- United States Courts, for judges and judicial warded to the Administrator of General ligence sources. branch employees; and Services for transfer, donation, or other dis- ‘‘(g)(1) Each employing agency shall pre- ‘‘(D) the department, agency, office, or posal in accordance with the provisions of scribe such regulations as may be necessary other entity in which an employee is em- the Federal Property and Administrative to carry out the purpose of this section. For ployed, for other legislative branch employ- Services Act of 1949. However, no gift or all employing agencies in the executive ees and for all executive branch employees. decoration that has been deposited for dis- branch, such regulations shall be prescribed ‘‘(b) An employee may not— posal may be sold without the approval of pursuant to guidance provided by the Sec- ‘‘(1) request or otherwise encourage the the Secretary of State, upon a determination retary of State. These regulations shall be tender of a gift or decoration; or that the sale will not adversely affect the implemented by each employing agency for ‘‘(2) accept a gift or decoration, other than foreign relations of the United States. Gifts its employees. in accordance with, the provisions of sub- and decorations may be sold by negotiated ‘‘(2) Each employing agency shall— sections (c) and (d). sale. ‘‘(A) report to the Attorney General cases ‘‘(c)(1) The Congress consents to— ‘‘(2) Gifts and decorations received by a in which there is reason to believe that an ‘‘(A) the accepting and retaining by an em- Senator or an employee of the Senate that employee has violated this section; ployee of a gift of minimal value tendered are deposited with the Secretary of the Sen- ‘‘(B) establish a procedure for obtaining an and received as a souvenir or mark of cour- ate for disposal, or are deposited for an offi- appraisal, when necessary, of the value of tesy; and cial use which has terminated, shall be dis- gifts; and ‘‘(B) the accepting by an employee of a gift posed of by the Commission on Arts and An- ‘‘(C) take any other actions necessary to of more than minimal value when such gift tiquities of the . Any carry out the purpose of this section. is in the nature of an educational scholar- such gift or decoration may be returned by ‘‘(h) The Attorney General may bring a ship or medical treatment or when it appears the Commission to the donor or may be civil action in any district court of the that to refuse the gift would likely cause of- transferred or donated by the Commission, United States against any employee who fense or embarrassment or otherwise ad- subject to such terms and conditions as it knowingly solicits or accepts a gift from a versely affect the foreign relations of the may prescribe, (A) to an agency or instru- foreign government not consented to by this United States, except that mentality of (i) the United States, (ii) a section or who files to deposit or report such ‘‘(i) a tangible gift of more than minimal State, territory, or possession of the United gift as required by this section. The court in value is deemed to have been accepted on be- States, or a political subdivision of the fore- which such action is brought may assess a half of the United States and, upon accept- going, or (iii) the District of Columbia, or (B) penalty against such employee in any ance, shall become the property of the to an organization described in section amount not to exceed the retail value of the United States; and 501(c)(3) of the Internal Revenue Code of 1986 gift improperly solicited or received plus ‘‘(ii) an employee may accept gifts of trav- which is exempt from taxation under section $5,000. el or expenses for travel taking place en- 501(a) of such Code. Any such gift or decora- ‘‘(i) The President shall direct all Chiefs of tirely outside the United States (such as tion not disposed of as provided in the pre- a United States Diplomatic Mission to in- transportation, food, and lodging) of more ceding sentence shall be forwarded to the Ad- form their host government that it is a gen- than minimal value if such acceptance is ap- ministrator of General Services for disposal eral policy of the United States Government propriate, consistent with the interests of in accordance with paragraph (1). If the Ad- to prohibit United States Government em- the United States, and permitted by the em- ministrator does not dispose of such gift or ployees from receiving gifts or decorations of ploying agency and any regulations which decoration within one year, he shall, at the more than minimal value. may be prescribed by the employing agency. request of the Commission, return it to the ‘‘(j) Nothing in this section shall be con- ‘‘(2) Within 60 days after accepting a tan- Commission and the Commission may dis- strued to derogate any regulation prescribed gible gift of more than minimal value (other pose of such gift or decoration in such man- by any employing agency which provides for than a gift described in paragraph (1)(B)(ii)), ner as it considers proper, except that such more stringent limitations on the receipt of an employee shall— gift or decoration may be sold only with the gifts and decorations by its employees. ‘‘(A) deposit the gift for disposal with his approval of the Secretary of State upon a de- ‘‘(k) The provisions of this section do not or her employing agency; or termination that the sale will not adversely apply to grants and other forms of assistance ‘‘(B) subject to the approval of the employ- affect the foreign relations of the United to which section 108A of the Mutual Edu- ing agency, deposit the gift with that agency States. cational and Cultural Exchange Act of 1961 for official use. Within 30 days after termi- ‘‘(f)(1) Not later than January 31 of each applies.’’ nating the official use of a gift under sub- year, each employing agency or its delegate PART II: SUPPLEMENTARY PROCEDURAL RULES paragraph (B), the employing agency shall shall compile a listing of all statements filed forward the gift to the Administrator of Gen- 145 Cong. Rec. S1832 (daily ed. Feb. 23, 1999) during the preceding year by the employees eral Services in accordance with subsection RULE 1: GENERAL PROCEDURES of that agency pursuant to subsection (c)(3) (e)(1) or provide for its disposal in accord- and shall transfer such listing to the Sec- (a) OFFICERS. In the absence of the Chair- ance with subsection (e)(2). retary of State who shall publish a com- man, the duties of the Chair shall be filled by ‘‘(3) When an employee deposits a gift of prehensive listing of all such statements in the Vice Chairman or, in the Vice Chair- more than minimal value for disposal or for the Federal Register. man’s absence, a Committee member des- official use pursuant to paragraph (2), or ‘‘(2) Such listings shall include for each ignated by the Chairman. within 30 days after accepting travel or trav- tangible gift reported— (b) PROCEDURAL RULES: The basic proce- el expenses as provided in paragraph ‘‘(A) the name and position of the em- dural rules of the Committee are stated as (1)(B)(ii) unless such travel or travel ex- ployee; part of the Standing Orders of the Senate in penses are accepted in accordance with spe- ‘‘(B) a brief description of the gift and the Senate Resolution 338, 88th Congress, as cific instructions of his or her employing circumstances justifying acceptance; amended, as well as other resolutions and agency, the employee shall file a statement ‘‘(C) the identity, if known, of the foreign laws. Supplementary Procedural Rules are with his or her employing agency or its dele- government and the name and position of states herein and are hereinafter referred to gate containing the information prescribed the individual who presented the gift; as the Rules. The Rules shall be published in in subsection (f) for that gift. ‘‘(D) the date of acceptance of the gift; the Congressional Record not later than ‘‘(d) The Congress consents to the accept- ‘‘(E) the estimated value in the United thirty days after adoption, and copies shall ing, retaining, and wearing by an employee States of the gift at the time of acceptance; be made available by the Committee office of a decoration tendered in recognition of ac- and upon request. tive field service in time of combat oper- ‘‘(F) disposition or current location of the (c) MEETINGS: ations or awarded for other outstanding or gift. (1) The regular meeting of the Committee unusually meritorious performance, subject ‘‘(3) Such listings shall include for each shall be the first Thursday of each month to the approval of the employing agency of gift of travel or travel expenses— while the Congress is in session. such employee. Without this approval, the ‘‘(A) the name and position of the em- (2) Special meetings may be held at the decoration is deemed to have been accepted ployee; call of the Chairman or Vice Chairman if at on behalf of the United States, shall become ‘‘(B) a brief description of the gift and the least forty-eight hours notice is furnished to the property of the United States, and shall circumstances justifying acceptance; and all members. If all members agree, a special be deposited by the employee, within sixty ‘‘(C) the identity, if known, of the foreign meeting may be held on less than forty-eight days of acceptance, with the employing government and the name and position of hours notice. agency for official use, for forwarding to the the individual who presented the gift. (3)(A) If any member of the Committee de- Administrator of General Services for dis- ‘‘(4) In transmitting such listings for the sires that a special meeting of the Com- posal in accordance with subsection (e)(1), or Central Intelligence Agency, the Director of mittee be called, the member may file in the

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If, within three cal- scribed electronic record shall be kept of all ber shall so notify the Chairman or Vice endar days after the filing of the request, the Committee proceedings, whether in execu- Chairman. If the member believes that he or Chairman or the Vice Chairman does not call tive or public session. Such record shall in- she is not ineligible, he or she may explain the requested special meeting, to be held clude Senators’ votes on any question on the reasons to the Chairman and Vice Chair- within seven calendar days after the filing of which a recorded vote is held. The record of man, and if they both agree that the member the request, any three of the members of the a witness’s testimony, whether in public or is not ineligible, the member shall continue Committee may file their written notice in executive session, shall be made available for to serve. But if either the Chairman or Vice the office of the Committee that a special inspection to the witness or his counsel Chairman continues to believe that the meeting of the Committee will be held at a under Committee supervision; a copy of any member is ineligible, while the member be- specified date and hour; such special meeting testimony given by that witness in public lieves that he or she is not ineligible, the may not occur until forty-eight hours after session, or that part of the testimony given matter shall be promptly referred to the the notice is filed. The Clerk shall imme- by the witness in executive session and sub- Committee. The member shall present his or diately notify all member of the Committee sequently quoted or made part of the record her arguments to the Committee in execu- of the date and hour of the special meeting. in a public session shall be made available to tive session. Any contested questions con- The Committee shall meet at the specified any witness if he so requests. (See Rule 5 on cerning a member’s eligibility shall be de- date and hour. Procedures for Conducting Hearings.) cided by a majority vote of the Committee, (d) QUORUM: (i) SECRECY OF EXECUTIVE TESTIMONY AND meeting in executive session, with the mem- (1) A majority of the members of the Select ACTION AND OF COMPLAINT PROCEEDINGS: ber in question not participating. Committee shall constitute a quorum for the (1) All testimony and action taken in exec- (3) A member of the Committee may, at transaction of business involving complaints utive session shall be kept secret and shall the discretion of the member, disqualify or allegations, of, or information about, mis- not be released outside the Committee to himself or herself from participating in any conduct, including resulting preliminary in- any individual or group, whether govern- preliminary inquiry or adjudicatory review quiries, adjudicatory reviews, recommenda- mental or private, without the approval of a pending before the Committee and the deter- tions or reports, and matters relating to majority of the Committee. mination and recommendations of the Com- Senate Resolution 400, agreed to May 19, (2) All testimony and action relating to a mittee with respect to any such preliminary 1976. complaint or allegation shall be kept secret inquiry or adjudicatory review. (2) Three members shall constitute a and shall not be released by the Committee (4) Whenever any member of the Com- quorum for the transaction of the routine to any individual or group, whether govern- mittee is ineligible under paragraph (1) to business of the Select Committee not cov- mental or private, except the respondent, participate in any preliminary inquiry or ad- ered by the first subparagraph of this para- without the approval of a majority of the judicatory review, or disqualifies himself or graph, including requests for opinions and Committee, until such time as a report to herself under paragraph (3) from partici- interpretations concerning the Code of Offi- the Senate is required under Senate Resolu- pating in any preliminary inquiry or adju- cial Conduct or any other statute or regula- tion 338, 88th Congress, as amended, or unless dicatory review, another Senator shall be ap- tion under the jurisdiction of the Select otherwise permitted under these Rules. (See pointed by the Senate to serve as a member Committee, if one member of the quorum is Rule 8 on Procedures for Handling Com- of the Committee solely for purposes of such a Member of the Majority Party and one mittee Sensitive and Classified Materials.) preliminary inquiry or adjudicatory review member of the quorum is a Member of the (j) RELEASE OF REPORTS TO PUBLIC: No in- and the determinations and recommenda- Minority Party. During the transaction of formation pertaining to, or copies of any tions of the Committee with respect to such routine business any member of the Select Committee report, study, or other document preliminary inquiry or adjudicatory review. Committee constituting the quorum shall which purports to express the view, findings, Any member of the Senate appointed for have the right to postpone further discussion conclusions or recommendations of the Com- such purposes shall be of the same party as of a pending matter until such time as a ma- mittee in connection with any of its activi- the member who is ineligible or disqualifies jority of the members of the Select Com- ties or proceedings may be released to any himself or herself. (5) The President of the Senate shall be mittee are present. individual or group whether governmental or given written notice of the ineligibility or (3) Except for an adjudicatory hearing private, without the authorization of the disqualification of any member from any under Rule 5 and any deposition taken out- Committee. Whenever the Chairman or Vice preliminary inquiry, adjudicatory review, or side the presence of a Member under Rule 6, Chairman is authorized to make any deter- other proceeding requiring the appointment one Member shall constitute a quorum for mination, then the determination may be re- of another member in accordance with sub- hearing testimony, provided that all Mem- leased at his or her discretion. Each member paragraph (k)(4). bers have been notice of the hearing and the of the Committee shall be given a reasonable (6) A member of the Committee staff shall Chairman has designated a Member of the opportunity to have separate views included be ineligible to participate in any Com- Majority Party and the Vice Chairman has as part of any Committee report. (See Rule 8 mittee proceeding that the staff director or designated a Member of the Minority Party on Procedures for Handling Committee Sen- outside counsel determines relates specifi- to be in attendance, either of whom in the sitive and Classified Materials.) cally to any of the following: absence of the other may constitute the (k) INELIGIBILITY OR DISQUALIFIED OF MEM- (A) the staff member’s own conduct; quorum. BERS AND STAFF: (B) the conduct of any employee that the (e) ORDER OF BUSINESS: Questions as to the (1) A member of the Committee shall be in- staff member supervises; order of business and the procedure of the eligible to participate in any Committee pro- (C) the conduct of any member, officer or Committee shall in the first instance be de- ceeding that relates specifically to any of employee for whom the staff member has cided by the Chairman and Vice Chairman, the following: worked for any substantial period; or subject to reversal by a vote by a majority of (A) a preliminary inquiry or adjudicatory (D) a complaint, sworn or unsworn, that the Committee. review relating to (i) the conduct of (I) such was filed by the staff member. At the direc- (f) HEARINGS ANNOUNCEMENTS: The Com- member; (II) any officer or employee the tion or with the consent of the staff director mittee shall make public announcement of member supervises; or (ii) any complaint or outside counsel, a staff member may also the date, place and subject matter of any filed by the member; and be disqualified from participating in a Com- hearing to be conducted by it at least one (B) the determinations and recommenda- mittee proceeding in other circumstances week before the commencement of that hear- tions of the Committee with respect to any not listed above. ing, and shall publish announcement in the preliminary inquiry or adjudicatory review (1) RECORDED VOTES: Any member may re- Congressional Record. If the Committee de- described in subparagraph (A). quire a recorded vote on any matter. termines that there is good cause to com- For purposes of this paragraph, a member (m) PROXIES; RECORDING VOTES OF ABSENT mence a hearing at an earlier date, such no- of the committee and an officer of the Sen- MEMBERS: tice will be given at the earliest possible ate shall be deemed to supervise any officer (1) Proxy voting shall not be allowed when time. or employee consistent with the provision of the question before the Committee is the ini- (g) OPEN AND CLOSED COMMITTEE MEETINGS: paragraph 12 of Rule XXXVII of the Standing tiation or continuation of a preliminary in- Meetings of the Committee shall be open to Rules of the Senate. quiry or an adjudicatory review, or the the public or closed to the public (executive (2) If any Committee proceeding appears to issuance or recommendation related thereto session), as determined under the provisions relate to a member of the Committee in a concerning a Member or officer of the Sen- of paragraphs 5 (b) to (d) of Rule XXVI of the manner described in subparagraph (1) of this ate. In any such case an absent member’s Standing Rules of the Senate. Executive ses- paragraph, the staff shall prepare a report to vote may be announced solely for the pur- sion meetings of the Committee shall be the Chairman and Vice Chairman. If either pose of recording the member’s position and closed except to the members and the staff of the Chairman or the Vice Chairman con- such announced votes shall not be counted the Committee. On the motion of any mem- cludes from the report that it appears that for or against the motion.

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(2) On matters other than matters listed in (c) FORM AND CONTENT OF COMPLAINTS: A curred. The Committee may make any of the paragraph (m)(1) above, the Committee may complaint need not be sworn nor must it be following determinations: order that the record be held open for the in any particular form to receive Committee (1) The committee may determine that vote of absentees or recorded proxy votes if consideration, but the preferred complaint there is not such substantial credible evi- the absent Committee member has been in- will: dence and, in such case, the Committee shall formed of the matter on which the vote oc- (1) state, whenever possible, the name, ad- dismiss the matter. The Committee, or curs and has affirmatively requested of the dress, and telephone number of the party fil- Chairman and Vice Chairman acting jointly Chairman or Vice Chairman in writing that ing the complaint; on behalf of the Committee, may dismiss any he be so recorded. (2) provide the name of each member, offi- matter which, after a preliminary inquiry, is (3) All proxies shall be in writing, and shall cer or employee of the Senate who is specifi- determined to lack substantial merit. The be delivered to the Chairman or Vice Chair- cally alleged to have engaged in improper Committee shall inform the complainant of man to be recorded. conduct or committed a violation; the dismissal. (4) Proxies shall not be considered for the (3) state the nature of the alleged improper (2) The Committee may determine that purpose of establishing a quorum. conduct or violation; there is such substantial credible evidence, (n) APPROVAL OF BLIND TRUSTS AND FOR- (4) supply all documents in the possession but that the alleged violation is inadvertent, EIGN TRAVEL REQUESTS BETWEEN SESSIONS of the party filing the complaint relevant to technical, or otherwise of a de minimis na- AND DURING EXTENDED RECESSES: During any or in support of his or her allegations as an ture. In such case, the Committee may dis- period in which the Senate stands in ad- attachment to the complaint. journment between sessions of the Congress pose of the matter by issuing a public or pri- RULE 3: PROCEDURES FOR CONDUCTING A or stands in a recess scheduled to extend be- vate letter of admonition, which shall not be PRELIMINARY INQUIRY yond fourteen days, the Chairman and Vice considered discipline and which shall not be Chairman, or their designees, acting jointly, (a) DEFINITION OF PRELIMINARY INQUIRY: A subject to appeal to the Senate. The issuance are authorized to approve or disapprove blind ‘‘preliminary inquiry’’ is a proceeding under- of a letter of admonition must be approved trusts under the provision of Rule XXXIV. taken by the Committee following the re- by the affirmative recorded vote of no fewer (o) COMMITTEE USE OF SERVICES OR EM- ceipt of a complaint or allegation of, or in- than four members of the Committee voting. PLOYEES OF OTHER AGENCIES AND DEPART- formation about, misconduct by a Member, (3) The Committee may determine that MENTS: officer, or employee of the Senate to deter- there is such substantial credible evidence With the prior consent of the department mine whether there is substantial credible and that the matter cannot be appropriately or agency involved, the Committee may (1) evidence which provides substantial cause disposed of under paragraph (2). In such case, utilize the services, information, or facilities for the Committee to conclude that a viola- the Committee shall promptly initiate an of any such department or agency of the tion within the jurisdiction of the Com- adjudicatory review in accordance with Rule Government, and (2) employ on a reimburs- mittee has occurred. 4. No adjudicatory review of conduct of a able basis or otherwise the services of such (b) BASIS FOR PRELIMINARY INQUIRY: The Member, officer, or employee of the Senate personnel of any such department or agency Committee shall promptly commence a pre- may be initiated except by the affirmative as it deems advisable. With the consent of liminary inquiry whenever it has received a recorded vote of not less than four members any other committee of the Senate, or any sworn complaint, or other allegation of, or of the Committee. subcommittee, the Committee may utilize information about, alleged misconduct or the facilities and the services of the staff of violations pursuant to Rule 2. RULE 4: PROCEDURES FOR CONDUCTING AN such other committee or subcommittee (c) SCOPE OF PRELIMINARY INQUIRY: ADJUDICATORY REVIEW whenever the Chairman and Vice Chairman (1) The preliminary inquiry shall be of such (a) DEFINITION OF ADJUDICATORY REVIEW: of the Committee, acting jointly, determine duration and scope as is necessary to deter- An ‘‘adjudicatory review’’ is a proceeding un- that such action is necessary and appro- mine whether there is substantial credible dertaken by the Committee after a finding, priate. evidence which provides substantial cause on the basis of a preliminary inquiry, that RULE 2: PROCEDURES FOR COMPLAINTS, for the Committee to conclude that a viola- there is substantial cause for the Committee ALLEGATIONS, OR INFORMATION tion within the jurisdiction of the Com- to conclude that a violation within the juris- mittee has occurred. The Chairman and Vice (a) COMPLAINT, ALLEGATION, OR INFORMA- diction of the Committee has occurred. Chairman, acting jointly, on behalf of the TION: Any member or staff member of the (b) SCOPE OF ADJUDICATORY REVIEW: When Committee may supervise and determine the Committee shall report to the Committee, the Committee decides to conduct an adju- appropriate duration, scope, and conduct of a and any other person may report to the Com- dicatory review, it shall be of such duration preliminary inquiry. Whether a preliminary mittee, a sworn complaint or other allega- and scope as is necessary for the Committee inquiry is conducted jointly by the Chairman tion or information, alleging that any Sen- to determine whether a violation within its and Vice Chairman or by the Committee as ator, or officer, or employee of the Senate jurisdiction has occurred. An adjudicatory a whole, the day to day supervision of a pre- has violated a law, the Senate Code of Offi- review shall be conducted by outside counsel liminary inquiry rests with the Chairman cial Conduct, or any rule or regulation of the as authorized by section 3(b)(1) of Senate and Vice Chairman, acting jointly. Senate relating to the conduct of any indi- Resolution 338 unless the Committee deter- (2) A preliminary inquiry may include any vidual in the performance of his or her duty mines not to use outside counsel. In the inquiries, interviews, sworn statements, as a Member, officer, or employee of the Sen- course of the adjudicatory review, designated depositions, or subpoenas deemed appro- ate, or has engaged in improper conduct outside counsel, or if the Committee deter- priate to obtain information upon which to which may reflect upon the Senate. Such mines not to use outside counsel, the Com- make any determination provided for by this complaints or allegations or information mittee or its staff, may conduct any inquir- Rule. may be reported to the Chairman, the Vice ies or interviews, take sworn statements, use (d) OPPORTUNITY FOR RESPONSE: A prelimi- Chairman, a Committee member, or a Com- compulsory process as described in Rule 6, or nary inquiry may include an opportunity for mittee staff member. take any other actions that the Committee any known respondent or his or her des- (b) SOURCE OF COMPLAINT, ALLEGATION, OR deems appropriate to secure the evidence ignated representative to present either a INFORMATION: Complaint, allegations, and in- necessary to make a determination. formation to be reported to the Committee written or oral statement, or to respond orally to questions from the Committee. (c) NOTICE TO RESPONDENT: The Committee may be obtained from a variety of sources, shall give written notice to any known re- including but not limited to the following: Such an oral statement or answers shall be transcribed and signed by the person pro- spondent who is the subject of an adjudica- (1) sworn complaints, defined as a written tory review. The notice shall be sent to the statement of facts, submitted under penalty viding the statement or answers. (e) STATUS REPORTS: The Committee staff respondent no later than five working days of perjury, within the personal knowledge of after the Committee has voted to conduct an the complainant alleging a violation of law, or outside counsel shall periodically report to the Committee in the form and according adjudicatory review. The notice shall include the Senate Code of Official Conduct, or any a statement of the nature of the possible vio- other rule or regulation of the Senate relat- to the schedule prescribed by the Committee. The reports shall be confidential. lation, and description of the evidence indi- ing to the conduct of individuals in the per- cating that a possible violation occurred. formance of their duties as members, offi- (f) FINAL REPORT: When the preliminary in- quiry is completed, the staff or outside coun- The Committee may offer the respondent an cers, or employees of the Senate; opportunity to present a statement, orally (2) anonymous or informal complaints; sel shall make a confidential report, oral or (3) information developed during a study or written, to the Committee on findings and or in writing, or to respond to questions inquiry by the Committee or other commit- recommendations, as appropriate. from members of the Committee, the Com- tees or subcommittees of the Senate, includ- (g) COMMITTEE ACTION: As soon as prac- mittee Staff, or outside counsel. ing information obtained in connection with ticable following submission of the report on (d) RIGHT TO A HEARING: The Committee legislative or general oversight hearings; the preliminary inquiry, the Committee shall accord a respondent an opportunity for (4) information reported by the news shall determine by a recorded vote whether a hearing before it recommends disciplinary media; or there is substantial credible evidence which action against that respondent to the Senate (5) information obtained from any indi- provides substantial cause for the Com- or before it imposes an order of restitution vidual, agency or department of the execu- mittee to conclude that a violation within or reprimand (not requiring discipline by the tive branch of the Federal Government. the jurisdiction of the Committee has oc- full Senate).

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(e) PROGRESS REPORTS TO COMMITTEE: The warded to the Secretary of the Senate, and a to allow the witness a reasonable period of Committee staff or outside counsel shall pe- copy shall be provided to the complainant time, as determined by the Committee, to riodically report to the Committee con- and the respondent. The full report and rec- prepare for the hearing and to employ coun- cerning the progress of the adjudicatory re- ommendation, if any, shall be printed and sel if desired. view. Such reports shall be delivered to the made public, unless the Committee deter- (2) The Committee may, by recorded vote Committee in the form and according to the mines by the recorded vote of not less than of not less than four members of the Com- schedule prescribed by the Committee, and four months of the Committee that it should mittee, rule that no matter of the Com- shall be confidential. remain confidential. mittee or staff or outside counsel shall make (f) FINAL REPORT OF ADJUDICATORY REVIEW (h) RIGHT OF APPEAL: public the name of any witness subpoenaed TO COMMITTEE: Upon completion of an adju- (1) Any individual who is the subject of a by the Committee before the date of that dicatory review, including any hearings held reprimand or order of restitution, or both, witness’s scheduled appearance, except as pursuant to Rule 5, the outside counsel or pursuant to subsection (g)(2)(iii), may, with- specifically authorized by the Chairman and the staff shall submit a confidential written in 30 days of the Committee’s report to the Vice Chairman, acting jointly. report to the Committee, which shall detail Senate of its action imposing a reprimand or (3) Any witness desiring to read a prepared the factual findings of the adjudicatory re- order of restitution, or both, appeal to the or written statement in executive or public view and which may recommend disciplinary Senate by providing written notice of the ap- hearings shall file a copy of such statement action, if appropriate. Findings of fact of the peal to the Committee and the presiding offi- with the Committee at least two working adjudicatory review shall be detailed in this cer of the Senate. The presiding officer shall days in advance of the hearing at which the report whether or not disciplinary action is cause the notice of the appeal to be printed statement is to be presented. The Chairman recommended. in the Congressional Record and the Senate and Vice Chairman shall determine whether (g) COMMITTEE ACTION: Journal. such statements may be read or placed in the (1) As soon as practicable following sub- (2) S. Res. 338 provides that a motion to record of the hearing. mission of the report of the staff or outside proceed to consideration of an appeal pursu- (4) Insofar as practicable, each witness counsel on the adjudicatory review, the Com- ant to paragraph (1) shall be highly privi- shall be permitted to present a brief oral mittee shall prepare and submit a report to leged and not debatable. If the motion to opening statement, if he or she desires to do the Senate, including a recommendation or proceed to consideration of the appeal is so. proposed resolution to the Senate concerning agreed to, the appeal shall be decided on the (h) RIGHT TO TESTIFY: Any person whose disciplinary action, if appropriate. A report basis of the Committee’s report to the Sen- name is mentioned or who is specifically shall be issued, stating in detail the Commit- ate. Debate on the appeal shall be limited to identified or otherwise referred to in testi- tee’s findings of fact, whether or not discipli- 10 hours, which shall be divided equally be- mony or in statements made by a Committee nary action is recommended. The report tween, and controlled by, those favoring and member, staff member or outside counsel, or shall also explain fully the reasons under- those opposing the appeal. any witness, and who reasonably believes lying the Committee’s recommendation con- RULE 5: PROCEDURES FOR HEARINGS that the statement tends to adversely affect cerning disciplinary action, if any. No adju- his or her reputation may— dicatory review of conduct of a Member, offi- (a) RIGHT TO HEARING: The Committee may (1) Request to appear personally before the cer or employee of the Senate may be con- hold a public or executive hearing in any Committee to testify in his or her own be- ducted, or report or resolution or rec- preliminary inquiry, adjudicatory review, or half; or ommendation relating to such an adjudica- other proceeding. The Committee shall ac- (2) File a sworn statement of facts relevant tory review of conduct may be made, except cord a respondent an opportunity for a hear- to the testimony or other evidence or state- by the affirmative recorded vote of not less ing before it recommends disciplinary action ment of which he or she complained. Such than four members of the Committee. against that respondent to the Senate or be- request and such statement shall be sub- (2) Pursuant to S. Res. 338, as amended, fore it imposes an order of restitution or rep- mitted to the Committee for its consider- section 2(a), subsections (2), (3), and (4), after rimand. (See Rule 4(d).) ation and action. receipt of the report prescribed by paragraph (b) NON-PUBLIC HEARINGS: The Committee (i) CONDUCT OF WITNESSES AND OTHER (f) of this rule, the Committee may make may at any time during a hearing determine ATTENDEES: the Presiding Officer may pun- any of the following recommendations for in accordance with paragraph 5(b) of Rule ish any breaches of order and decorum by disciplinary action or issue an order for rep- XXVI of the Standing Rules of the Senate censure and exclusion from the hearings. The rimand or restitution, as follows: whether to receive the testimony of specific Committee, by majority vote, may rec- (i) In the case of a Member, a recommenda- witnesses in executive session. If a witness ommend to the Senate that the offender be tion to the Senate for expulsion, censure, desires to express a preference for testifying cited for contempt of Congress. payment or restitution, recommendation to in public or in executive session, he or she (j) ADJUDICATORY HEARING PROCEDURES: a Member’s party conference regarding the shall so notify the Committee at least five (1) NOTICE OF HEARINGS: A copy of the pub- Member’s seniority or positions of responsi- days before he or she is scheduled to testify. lic announcement of an adjudicatory hear- bility, or a combination of these; (c) ADJUDICATORY HEARINGS: The Com- ing, required by paragraph (e), shall be fur- (ii) In the case of an officer or employee, a mittee may, be the recorded vote of not less nished together with a copy of these Rules to recommendation to the Senate of dismissal, than four members of the Committee, des- all witnesses at the time that they are sub- suspension, payment of restitution, or a ignate any public or executive hearing as an poenaed or otherwise summoned to testify. combination of these; adjudicatory hearing; and any hearing which (2) PREPARATION FOR ADJUDICATORY HEAR- (iii) In the case where the Committee de- is concerned with possible disciplinary ac- INGS: termines, after according to the Member, of- tion against a respondent or respondents des- (A) At least five working days prior to the ficer, or employee due notice and oppor- ignated by the Committee shall be an adju- commencement of an adjudicatory hearing, tunity for a hearing, that misconduct oc- dicatory hearing. In any adjudicatory hear- the Committee shall provide the following curred warranting discipline less serious ing, the procedures described in paragraph (j) information and documents to the respond- than discipline by the full Senate, and sub- shall apply. ent, if any: ject to the provisions of paragraph (h) of this (d) SUBPOENA POWER: The Committee may (i) a list of proposed witnesses to be called rule relating to appeal, by a unanimous vote require, by subpoena or otherwise, the at- at the hearing; of six members order that a Member, officer tendance and testimony of such witnesses (ii) copies of all documents expected to be or employee be reprimanded or pay restitu- and the production of such correspondence, introduced as exhibits at the hearing; and tion or both; books, papers, documents or other articles as (iii) a brief statement as to the nature of (iv) In the case where the Committee de- it deems advisable. (See Rule 6.) the testimony to be given by each witness to termines that misconduct is inadvertent, (e) NOTICE OF HEARINGS: The Committee be called at the hearing. technical, or otherwise of a de minimis na- shall make public an announcement of the (B) At least two working days prior to the ture, issue a public or private letter of admo- date, place, and subject matter of any hear- commencement of an adjudicatory hearing, nition to a Member, officer or employee, ing to be conducted by it, in accordance with the respondent, if any, shall provide the in- which shall not be subject to appeal to the Rule 1(f). formation and documents described in divi- Senate. (f) PRESIDING OFFICER: The Chairman shall sions (i), (ii) and (iii) of subparagraph (A) to (3) In the case where the Committee deter- preside over the hearings, or in his absence the Committee. mines, upon consideration of all the evi- the Vice Chairman. If the Vice Chairman is (C) At the discretion of the Committee, the dence, that the facts do not warrant a find- also absent, a Committee member designated information and documents to be exchanged ing that there is substantial credible evi- by the Chairman shall preside. If an oath or under this paragraph shall be subject to an dence which provides substantial cause for affirmation is required, it shall be adminis- appropriate agreement limiting access and the Committee to conclude that a violation tered to a witness by the Presiding Officer, disclosure. within the jurisdiction of the Committee has or in his absence, by any Committee mem- (D) If a respondent refuses to provide the occurred, the Committee may dismiss the ber. information and documents to the Com- matter. (g) WITNESSES: mittee (see (A) and (B) of this subparagraph), (4) Promptly, after the conclusion of the (1) A subpoena or other request to testify or if a respondent or other individual vio- adjudicatory review, the Committee’s report shall be served on a witness sufficiently in lates an agreement limiting access and dis- and recommendation, if any, shall be for- advance of his or her scheduled appearance closure, the Committee, by majority vote,

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may recommend to the Senate that the of- dicatory hearing. Copies of such supple- (b) DEPOSITIONS: fender be cited for contempt of Congress. mentary procedures shall be furnished to (1) PERSONS AUTHORIZED TO TAKE DEPOSI- (3) SWEARING OF WITNESSES: All witnesses witnesses and respondents, and shall be made TIONS: Depositions may be taken by any who testify at adjudicatory hearings shall be available upon request to any member of the member of the Committee designated by the sworn unless the Presiding Officer, for good public. Chairman and Vice Chairman, acting jointly, cause, decides that a witness does not have (k) TRANSCRIPTS: or by any other person designated by the to be sworn. (1) An accurate stenographic or recorded Chairman and Vice Chairman, acting jointly, (4) RIGHT TO COUNSEL: Any witness at an transcript shall be made of all public and ex- including outside counsel, Committee staff, adjudicatory hearing may be accompanied ecutive hearings. Any member of the Com- other employees of the Senate, or govern- by counsel of his or her own choosing, who mittee, Committee staff member, outside ment employees detailed to the Committee. shall be permitted to advise the witness of counsel retained by the Committee, or wit- (2) DEPOSITION NOTICES: Notices for the his or her legal rights during the testimony. ness may examine a copy of the transcript taking of depositions shall be authorized by (5) RIGHT TO CROSS-EXAMINE AND CALL WIT- retained by the Committee of his or her own the Committee, or the Chairman and Vice NESSES: remarks and may suggest to the official re- Chairman, acting jointly, and issued by the (A) In adjudicatory hearings, any respond- porter any typographical or transcription er- Chairman, Vice Chairman, or a Committee staff member or outside counsel designated ent and any other person who obtains the rors. If the reporter declines to make the re- by the Chairman and Vice Chairman, acting permission of the Committee, may person- quested corrections, the member, staff mem- jointly. Depositions may be taken at any ally or through counsel cross-examine wit- ber, outside counsel or witness may request time during a preliminary inquiry, adjudica- nesses called by the Committee and may call a ruling by the Chairman and Vice Chair- witnesses in his or her own behalf. tory review or other proceeding. Deposition man, acting jointly. Any member or witness notices shall specify a time and place for ex- (B) A respondent may apply to the Com- shall return the transcript with suggested mittee for the issuance of subpoenas for the amination. Unless otherwise specified, the corrections to the committee offices within deposition shall be in private, and the testi- appearance of witnesses or the production of five working days after receipt of the tran- documents on his or her behalf. An applica- mony taken and documents produced shall script, or as soon thereafter as is practicable. be deemed for the purpose of these rules to tion shall be approved upon a concise show- If the testimony was given in executive ses- have been received in a closed or executive ing by the respondent that the proposed tes- sion, the member or witness may only in- session of the Committee. The Committee timony or evidence is relevant and appro- spect the transcript at a location determined shall not initiate procedures leading to priate, as determined by the Chairman and by the Chairman and Vice Chairman, acting criminal or civil enforcement proceedings for Vice Chairman. jointly. Any questions arising with respect a witness’s failure to appear, or to testify, or (C) With respect to witnesses called by a to the processing and correction of tran- to produce documents, unless the deposition respondent, or other individual given permis- scripts shall be decided by the Chairman and notice was accompanied by a subpoena au- sion by the Committee, each such witness Vice Chairman, acting jointly. thorized for issuance by the Committee, or shall first be examined by the party who (2) Except for the record of a hearing which the Chairman and Vice Chairman, acting called the witness or by that party’s counsel. is closed to the public, each transcript shall jointly. (D) At least one working day before a be printed as soon as is practicable after re- (3) COUNSEL AT DEPOSITIONS: Witnesses witness’s scheduled appearance, a witness or ceipt of the corrected version. The Chairman may be accompanied at a deposition by coun- a witness’s counsel may submit to the Com- and Vice Chairman, acting jointly, may sel to advise them of their rights. mittee written questions proposed to be order the transcript of a hearing to be print- (4) DEPOSITION PROCEDURE: Witnesses at asked of that witness. If the Committee de- ed without the corrections of a member or depositions shall be examined upon oath ad- termines that it is necessary, such questions witness if they determine that such member ministered by an individual authorized by may be asked by any member of the Com- or witness has been afforded a reasonable law to administer oaths, or administered by mittee, or by any Committee staff member if time to correct such transcript and such any member of the Committee if one is directed by a Committee member. The wit- transcript has not been returned within such present. Questions may be propounded by ness or witness’s counsel may also submit time. any person or persons who are authorized to additional sworn testimony for the record (3) The Committee shall furnish each wit- take depositions for the Committee. If a wit- within twenty-four hours after the last day ness, at no cost, one transcript copy of that ness objects to a question and refuses to tes- that the witness has testified. The insertion witness’s testimony given at a public hear- tify, or refuses to produce a document, any of such testimony in that day’s record is sub- ing. If the testimony was given in executive member of the Committee who is present ject to the approval of the Chairman and session, then a transcript copy shall be pro- may rule on the objection and, if the objec- Vice Chairman acting jointly within five vided upon request, subject to appropriate tion is overruled, direct the witness to an- days after testimony is received. conditions and restrictions prescribed by the swer the question or produce the document. (6) ADMISSIBILITY OF EVIDENCE: Chairman and Vice Chairman. if any indi- If no member of the Committee is present, (A) The object of the hearing shall be to as- vidual violates such conditions and restric- the individual who has been designated by certain the truth. Any evidence that may be tions, the Committee may recommend by the Chairman and Vice Chairman, acting relevant and probative shall be admissible majority vote that he or she be cited for con- jointly, to take the deposition may proceed unless privileged under the Federal Rules of tempt of Congress. with the deposition, or may, at that time or Evidence. Rules of evidence shall not be ap- at a subsequent time, seek a ruling by tele- RULE 6: SUBPOENAS AND DEPOSITIONS plied strictly, but the Presiding Officer shall phone or otherwise on the objection from the exclude irrelevant or unduly repetitious tes- (a) SUBPOENAS: Chairman or Vice Chairman of the Com- timony. Objections going only to the weight (1) AUTHORIZATION FOR ISSUANCE: Sub- mittee, who may refer the matter to the that should be given evidence will not justify poenas for the attendance and testimony of Committee or rule on the objection. If the its exclusion. witnesses at depositions or hearings, and Chairman or Vice Chairman, or the Com- (B) The Presiding Officer shall rule upon subpoenas for the production of documents mittee upon referral, overrules the objec- any question of the admissibility of testi- and tangible things at depositions, hearings, tion, the Chairman, Vice Chairman, or the mony or other evidence presented to the or other times and places designated therein, Committee as the case may be, may direct Committee. Such rulings shall be final un- may be authorized for issuance by either (A) the witness to answer the question or less reversed or modified by a recorded vote a majority vote of the Committee, or (B) the produce the document. The Committee shall of not less than four members of the Com- Chairman and Vice Chairman, acting jointly, not initiate procedures leading to civil or mittee before the recess of that day’s hear- at any time during a preliminary inquiry, criminal enforcement unless the witness re- ings. adjudicatory review, or other proceeding. fuses to testify or produce documents after (C) Notwithstanding paragraphs (A) and (2) SIGNATURE AND SERVICE: All subpoenas having been directed to do so. (B), in any matter before the Committee in- shall be signed by the Chairman or the Vice (5) FILING OF DEPOSITIONS: Deposition testi- volving allegations of sexual discrimination, Chairman and may be served by any person mony shall be transcribed or electronically including sexual harassment, or sexual mis- eighteen years of age or older, who is des- recorded. If the deposition is transcribed, the conduct, b a Member, officer, or employee ignated by the Chairman or Vice Chairman. individual administering the oath shall cer- within the jurisdiction of the Committee, Each subpoena shall be served with a copy of tify on the transcript that the witness was the Committee shall be guided by the stand- the Rules of the Committee and a brief state- duly sworn in his or her presence and the ards and procedures of Rule 412 of the Fed- ment of the purpose of the Committee’s pro- transcriber shall certify that the transcript eral Rules of Evidence, except that the Com- ceeding. is a true record of the testimony. The tran- mittee may admit evidence subject to the (3) WITHDRAWAL OF SUBPOENA: The Com- script with these certifications shall be filed provisions of this paragraph only upon a de- mittee, by recorded vote of not less than four with the chief clerk of the Committee, and termination of not less than four members of members of the Committee, may withdraw the witness shall be furnished with access to the full Committee that the interests of jus- any subpoena authorized for issuance by it a copy at the Committee’s offices for review. tice require that such evidence be admitted. or authorized for issuance by the Chairman Upon inspecting the transcript, with a time (7) SUPPLEMENTARY HEARING PROCEDURES: and Vice Chairman, acting jointly. The limit set by the Chairman and Vice Chair- The Committee may adopt any additional Chairman and Vice Chairman, acting jointly, man, acting jointly, a witness may request special hearing procedures that it deems nec- may withdraw any subpoena authorized for in writing changes in the transcript to cor- essary or appropriate to a particular adju- issuance by them. rect errors in transcription. The witness may

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The Chairman and Vice other proceeding by the Select Committee vided to a Member of the Senate who is the Chairman, acting jointly, may rule on the on Ethics into such allegations or conduct; subject of a preliminary inquiry, adjudica- witness’s request, and the changes or attach- to the investigative techniques and proce- tory review, or other proceeding, shall be ments allowed shall be certified by the Com- dures of the Select Committee on Ethics; or hand delivered to the Member or to his or mittee’s chief clerk. If the witness fails to to other information or material designated her specifically designated representative. make any request under this paragraph with- by the staff director, or outside counsel des- (4) Any Member of the Senate who is not a in the time limit set, this fact shall be noted ignated by the Chairman and Vice Chairman. member of the Committee and who seeks ac- by the Committee’s chief clerk. Any person (2) The Chairman and Vice Chairman of the cess to any Committee Sensitive or classi- authorized by the Committee may stipulate Committee shall establish such procedures fied documents or materials, other than doc- with the witness to changes in this proce- as may be necessary to prevent the unau- uments or materials which are matters of dure. thorized disclosure of Committee Sensitive public record, shall request access in writing. The Committee shall decide by majority RULE 7: VIOLATIONS OF LAW; PERJURY; LEGIS- information in the possession of the Com- vote whether to the make documents or ma- LATIVE RECOMMENDATIONS; EDUCATIONAL mittee or its staff. Procedures for protecting terials available. If access is granted, the MANDATE; AND APPLICABLE RULES AND Committee Sensitive materials shall be in Member shall not disclose the information STANDARDS OF CONDUCT writing and shall be given to each Com- mittee staff member. except as authorized by the Committee. (a) VIOLATIONS OF LAW: Whenever the Com- (b) PROCEDURES FOR HANDLING CLASSIFIED (5) Whenever the Committee makes Com- mittee determines by the recorded vote of MATERIALS: mittee Sensitive or classified documents or not less than four members of the full Com- (1) Classified information or material is in- materials available to any Member of the mittee that there is reason to believe that a formation or material which is specifically Senate who is not a member of the Com- violation of law, including the provision of designated as classified under the authority mittee, or to a staff person of a Committee false information to the Committee, may of Executive Order 11652 requiring protection member in response to a specific request to have occurred, it shall report such possible of such information or material from unau- the Chairman and Vice Chairman, a written violation to the proper Federal and state au- thorized disclosure in order to prevent dam- record shall be made identifying the Member thorities. age to the United States. of the Senate requesting such documents or (b) PERJURY: Any person who knowingly (2) The Chairman and Vice Chairman of the materials and describing what was made and willfully swears falsely to a sworn com- Committee shall establish such procedures available and to whom. plaint or any other sworn statement to the as may be necessary to prevent the unau- (d) NON-DISCLOSURE POLICY AND AGREE- Committee does so under penalty of perjury. thorized disclosure of classified information MENT: The Committee may refer any such case to in the possession of the Committee or its (1) Except as provided in the last sentence the Attorney General for prosecution. staff. Procedures for handling such informa- of this paragraph, no member of the Select (c) LEGISLATIVE RECOMMENDATIONS: The Committee on Ethics, its staff or any person tion shall be in writing and a copy of the Committee shall recommend to the Senate engaged by contract or otherwise to perform procedures shall be given to each staff mem- by report or resolution such additional rules, services for the Select Committee on Ethics ber cleared for access to classified informa- regulations, or other legislative measures as shall release, divulge, publish, reveal by tion. it determines to be necessary or desirable to (3) Each member of the Committee shall writing, word, conduct, or disclose in any ensure proper standards of conduct by Mem- have access to classified material in the way, in whole, or in part, or by way of sum- bers, officers, or employees of the Senate. Committee’s possession. Only Committee mary, during tenure with the Select Com- mittee on Ethics or anytime thereafter, any The Committee may conduct such inquiries staff members with appropriate security testimony given before the Select Com- as it deems necessary to prepare such a re- clearances and a need-to-know, as approved mittee on Ethics in executive session (in- port or resolution, including the holding of by the Chairman and Vice Chairman, acting cluding the name of any witness who ap- hearings in public or executive session and jointly, shall have access to classified infor- peared or was called to appear in executive the use of subpoenas to compel the attend- mation in Committee’s possession. session), any classified or Committee Sen- ance of witnesses or the production of mate- (c) PROCEDURES FOR HANDLING COMMITTEE sitive information, document or material, rials. The Committee may make legislative SENSITIVE AND CLASSIFIED DOCUMENTS: recommendations as a result of its findings (1) Committee Sensitive documents mate- received or generated by the Select Com- in a preliminary inquiry, adjudicatory re- rials shall be stored in the Committee’s of- mittee on Ethics or any classified or Com- view, or other proceedings. fices, with appropriate safeguards for main- mittee Sensitive information which may (d) EDUCATIONAL MANDATE: The Committee taining the security of such documents or come into the possession of such person dur- shall develop and implement programs and materials. Classified documents and mate- ing tenure with the Select Committee on materials designed to educate Members, offi- rials shall be further segregated in the Com- Ethics or its staff. Such information, docu- cers, and employees about the laws, rules, mittee’s offices in secure filing safes. Re- ments, or material may be released to an of- regulations, and standards of conduct appli- moval from the Committee offices of such ficial of the executive branch properly cable to such individuals in the performance documents or materials is prohibited except cleared for access with a need-to-know, for of their duties. as necessary for use in, or preparation for, any purpose or in connection with any pro- (e) APPLICABLE RULES AND STANDARDS OF interviews or Committee meetings, including ceeding, judicial or otherwise, as authorized CONDUCT: the taking of testimony, or as otherwise spe- by the Select Committee on Ethics, or in the (1) Notwithstanding any other provision of cifically approved by the staff director or by event of termination of the Select Com- this section, no adjudicatory review shall be outside counsel designated by the Chairman mittee on Ethics, in such a manner as may initiated of any alleged violation of any law, and Vice Chairman. be determined by its successor or by the Sen- the Senate Code of Official Conduct, rule, or (2) Each member of the Committee shall ate. regulation which was not in effect at the have access to all materials in the Commit- (2) No member of the Select Committee on time the alleged violation occurred. No pro- tee’s possession. The staffs of members shall Ethics staff or any person engaged by con- visions of the Senate Code of Official Con- not have access to Committee Sensitive or tract or otherwise to perform services for the duct shall apply to or require disclosure of classified documents and materials without Select Committee on Ethics, shall be grant- any act, relationship, or transaction which the specific approval in each instance of the ed access to classified or Committee Sen- occurred prior to the effective date of the ap- Chairman, and Vice Chairman, acting joint- sitive information or material in the posses- plicable provision of the Code. ly. Members may examine such materials in sion of the Select Committee on Ethics un- (2) The Committee may initiate an adju- the Committee’s offices. If necessary, re- less and until such person agrees in writing, dicatory review of any alleged violation of a quested materials may be hand delivered by as a condition of employment, to the non- rule or law which was in effect prior to the a member of the Committee staff to the disclosure policy. The agreement shall be- enactment of the Senate Code of Official member of the Committee, or to a staff per- come effective when signed by the Chairman Conduct if the alleged violation occurred son(s) specifically designated by the mem- and Vice Chairman on behalf of the Com- while such rule or law was in effect and the ber, for the Member’s or designated staffer’s mittee. violation was not a matter resolved on the examination. A member of the Committee RULE 9: BROADCASTING AND NEWS COVERAGE OF merits by the predecessor Committee. who has possession of Committee Sensitive COMMITTEE PROCEEDINGS RULE 8: PROCEDURES FOR HANDLING COMMITTEE documents or materials shall take appro- (a) Whenever any hearing or meeting of the SENSITIVE AND CLASSIFIED MATERIALS priate safeguards for maintaining the secu- Committee is open to the public, the Com- (a) PROCEDURES FOR HANDLING COMMITTEE rity of such documents or materials in the mittee shall permit that hearing or meeting SENSITIVE MATERIALS: possession of the Member or his or her des- to be covered in whole or in part, by tele- (1) Committee Sensitive information or ignated staffer. vision broadcast, radio broadcast, still pho- material is information or material in the (3) Committee Sensitive documents that tography, or by an other methods of cov- possession of the Select Committee on Eth- are provided to a Member of the Senate in erage, unless the Committee decides by re- ics which pertains to illegal or improper con- connection with a complaint that has been corded vote of not less than four members of

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the Committee that such coverage is not ap- gressional Record, with appropriate dele- (d) PUBLICATION OF RULINGS: The Com- propriate at a particular hearing or meeting. tions to insure confidentiality, and inter- mittee will publish in the Congressional (b) Any witness served with a subpoena by ested parties will be asked to submit their Record, after making appropriate deletions the Committee may request not to be photo- comments in writing to the Committee with- to ensure confidentiality, any interpretative graphed at any hearing or to give evidence or in ten days. rulings issued under this Rule which the testimony while the broadcasting, reproduc- (3) All relevant comments received on a Committee determines may be of assistance tion, or coverage of that hearing, by radio, timely basis will be considered. of guidance to other Members, officers or television, still photography, or other meth- (d) ISSUANCE OF AN ADVISORY OPINION: employees. The Committee may at any time ods is occurring. At the request of any such (1) The Committee staff shall prepare a revise, withdraw, or elaborate on interpreta- witness who does not wish to be subjected to proposed advisory opinion in draft form tive rulings. radio, television, still photography, or other which will first be reviewed and approved by (e) RELIANCE ON RULINGS: Whenever an in- methods of coverage, and subject to the ap- the Chairman and Vice Chairman, acting dividual can demonstrate to the Commit- proval of the Committee, all lenses shall be jointly, and will be presented to the Com- tees’ satisfaction that his or her conduct was covered and all microphones used for cov- mittee for final action. If (A) the chairman in good faith reliance on an interpretative erage turned off. and Vice Chairman cannot agree, or (B) ei- ruling issued in accordance with this Rule, (c) If coverage is permitted, it shall be in ther the Chairman or Vice Chairman re- the Committee will not recommend sanc- accordance with the following requirements: quests that it be taken directly to the Com- tions to the Senate as a result of such con- (1) Photographers and reporters using me- mittee, then the proposed advisory, opinion duct. chanical recording, filming, or broadcasting shall be referred to the Committee for its de- (f) RULINGS BY COMMITTEE STAFF: The apparatus shall position their equipment so cision. Committee staff is not authorized to make as not to interfere with the seating, vision, (2) An advisory opinion shall be issued only rulings or give advice, orally or in writing, and hearing of the Committee members and by the affirmative recorded vote of a major- which binds the Committee in any way. staff, or with the orderly process of the ity of the members voting. RULE 12: PROCEDURES FOR COMPLAINTS INVOLV- meeting or hearing. (3) Each advisory opinion issued by the ING IMPROPER USE OF THE MAILING FRANK (2) If the television or radio coverage of the Committee shall be promptly transmitted (a) AUTHORITY TO RECEIVE COMPLAINTS: The hearing or meeting is to be presented to the for publication in the Congressional Record Committee is directed by section 6(b) of Pub- public as live coverage, the coverage shall be after appropriate deletions are made to in- lic Law 93–191 to receive and dispose of com- conducted and presented without commer- sure confidentiality. The Committee may at plaints that a violation of the use of the cial sponsorship. any time revise, withdraw, or elaborate on mailing frank has occurred or is about to (3) Personnel providing coverage by the any advisory opinion. occur by a Member or officer of the Senate television and radio media shall be currently (e) RELIANCE ON ADVISORY OPINIONS: or by a surviving spouse of a Member. All accredited to the Radio and Television Cor- (1) Any advisory opinion issued by the such complaints will be processed in accord- respondents’ Galleries. Committee under Senate Resolution 338, 88th ance with the provisions of these Rules, ex- (4) Personnel providing coverage by still Congress, as amended, and the rules may be cept as provided in paragraph (b). photography shall be currently accredited to relied upon by— (b) DISPOSITION OF COMPLAINTS: the Press Photographers’ Gallery Committee (A) Any person involved in the specific (1) The Committee may dispose of any such of Press Photographers. transaction or activity with respect to which complaint by requiring restitution of the (5) Personnel providing coverage by the such advisory opinion is rendered if the re- cost of the mailing, pursuant to the franking television and radio media and by still pho- quest for such advisory opinion included a statute, if it finds that the franking viola- tography shall conduct themselves and the complete and accurate statement of the spe- tion was the result of a mistake. coverage activities in an orderly and unob- cific factual situation; and (2) Any complaint disposed of by restitu- trusive manner. (B) any person involved in any specific tion that is made after the Committee has formally commenced an adjudicatory review, RULE 10: PROCEDURES FOR ADVISORY OPINIONS transaction or activity which is indistin- guishable in all its material aspects from the must be summarized, together with the dis- (a) WHEN ADVISORY OPINIONS ARE REN- transaction or activity with respect to which position, in a report to the Senate, as appro- DERED: such advisory opinion is rendered. priate. (1) The Committee shall render an advisory (2) Any person who relies upon any provi- (3) If a complaint is disposed of by restitu- opinion, in writing within a reasonable time, sion or finding of an advisory opinion in ac- tion, the complainant, if any, shall be noti- in response to a written request by a Member cordance with the provisions of Senate Reso- fied of the disposition in writing. or officer of the Senate or a candidate for lution 338, 88th Congress, as amended, and of (c) ADVISORY OPINIONS AND INTERPRETATIVE nomination for election, or election to the the rules, and who acts in good faith in ac- RULINGS: Requests for advisory opinions or Senate, concerning the application of any cordance with the provisions and findings of interpretative rulings involving franking law, the Senate Code of Official Conduct, or such advisory opinion shall not, as a result questions shall be processed in accordance any rule or regulation of the Senate within of any such act, be subject to any sanction with Rules 10 and 11. the Committee’s jurisdiction, to a specific by the Senate. RULE 13: PROCEDURES FOR WAIVERS factual situation pertinent to the conduct or (a) AUTHORITY FOR WAIVERS: The Com- proposed conduct of the person seeking the RULE 11: PROCEDURES FOR INTERPRETATIVE RULINGS mittee is authorized to grant a waiver under advisory opinion. the following provisions of the Standing (2) The Committee may issue an advisory (a) BASIS FOR INTERPRETATIVE RULINGS: Rules of the Senate: opinion in writing within a reasonable time Senate Resolution 338, 88th Congress, as (1) Section 101(h) of the Ethics in Govern- in response to a written request by any em- amended, authorizes the Committee to issue ment Act of 1978, as amended (Rule XXXIV), ployee of the Senate concerning the applica- interpretative rulings explaining and clari- relating to the filing of financial disclosure tion of any law, the Senate code of Official fying the application of any law, the Code of reports by individuals who are expected to Conduct, or any rule or regulation of the Official conduct, or any rule or regulation of perform or who have performed the duties of Senate within the Committee’s jurisdiction, the Senate within its jurisdiction. The Com- their offices or positions for less than one to a specific factual situation pertinent to mittee also may issue such rulings clarifying hundred and thirty days in a calendar year; the conduct or proposed conduct of the per- or explaining any rule or regulation of the (2) Section 102(a)(2)(D) of the Ethics in son seeking the advisory opinion. Select Committee on Ethics. Government Act, as amended (Rule XXXIV), (b) FORM OF REQUEST: A request for an ad- (b) REQUEST FOR RULING: A request for such relating to the reporting of gifts; visory opinion shall be directed in writing to a ruling must be directed in writing to the (3) Paragraph 1 of Rule XXXV relating to the Chairman of the Committee and shall in- Chairman or Vice Chairman of the Com- acceptance of gifts; or clude a complete and accurate statement of mittee. (4) Paragraph 5 of Rule XLI relating to ap- the specific factual situation with respect to (c) Adoption of Ruling: plicability of any of the provisions of the which the request is made as well as the spe- (1) The Chairman and Vice Chairman, act- Code of Official Conduct to any employee of cific question or questions which the re- ing jointly, shall issue a written interpreta- the provisions of a the Code of Official Con- quester wishes the Committee to address. tive ruling in response to any such request, duct to any employee of the Senate hired on (c) OPPORTUNITY FOR COMMENT: unless— a per diem basis. (1) The committee will provide an oppor- (A) they cannot agree, (b) REQUESTS FOR WAIVERS: A request for a tunity for any interested party to comment (B) it requires an interpretation of a sig- waiver under paragraph (a) must be directed on a request for an advisory opinion— nificant question of first impression, or to the Chairman or Vice Chairman in writing (A) which requires an interpretation on a (C) either requests that is be taken to the and must specify the nature of the waiver significant question of first impression that Committee, in which event the request shall being sought and explain in detail the facts will affect more than a few individuals; or be directed to the Committee for a ruling. alleged to justify a waiver. In the case of a (B) when the Committee determines that (2) A ruling on any request taken to the request submitted by an employee, the views comments from interested parties would be Committee under subparagraph (1) shall be of his or her supervisor (as determined under of assistance. adopted by a majority of the members voting paragraph 12 of Rule XXXVII of the Standing (2) Notice of any such request for an advi- and the ruling shall then be issued by the Rules for the Senate) should be included sory opinion shall be published in the Con- Chairman and Vice Chairman. with the waiver request.

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(c) RULING: The Committee shall rule on a (b) APPOINTMENT OF STAFF: of the Senate; recommend disciplinary ac- waiver request by recorded vote with a ma- (1) The appointment of all staff members tion; and recommend additional Senate jority of those voting affirming the decision. shall be approved by the Chairman and Vice Rules or regulations to insure proper stand- With respect to any individual’s request for Chairman, acting jointly. ards of conduct; a waiver in connection with the acceptance (2) The Committee may determine by ma- (c) Residual portions of Standing Rules 41, or reporting the value of gifts on the occa- jority vote that it is necessary to retain staff 42, 43 and 44 of the Senate as they existed on sion of the individual’s marriage, the Chair- members, including a staff recommended by the day prior to the amendments made by man and the Vice Chairman, acting jointly, a special counsel, for the purpose of a par- Title I of S. Res. 110; may rule on the waiver. ticular preliminary inquiry, adjudicatory re- (d) Public Law 93–191 relating to the use of (d) AVAILABILITY OF WAIVER DETERMINA- view, or other proceeding. Such staff shall be the mail franking privilege by Senators, offi- TIONS: A brief description of any waiver retained only for the duration of that par- cers of the Senate; and surviving spouses of granted by the Committee, with appropriate ticular undertaking. Senators; (e) Senate Resolution 400, 94th Congress, deletions to ensure confidentiality, shall be (3) The Committee is authorized to retain Section 8, relating to unauthorized disclo- made available for review upon request in and compensate counsel not employed by the sure of classified intelligence information in the Committee office. Waivers granted by Senate (or by any department or agency of the possession of the Select Committee on the Committee pursuant to the Ethics in the Executive Branch of the Government) whenever the Committee determines that Intelligence; Government Act of 1978, as amended, may (f) Public Law 95–105, Section 515, relating the retention of outside counsel is necessary only be granted pursuant to a publicly avail- to the receipt and disposition of foreign gifts able request as required by the Act. or appropriate for any action regarding any and decorations received by Senate mem- complaint or allegation, preliminary in- RULE 14: DEFINITION OF ‘‘OFFICER OR bers, officers and employees and their EMPLOYEE’’ quiry, adjudicatory review, or other pro- spouses or dependents; ceeding, which in the determination of the (g) Preamble to Senate Resolution 266, 90th (a) As used in the applicable resolutions Committee, is more appropriately conducted and in these rules and procedures, the term Congress, 2d Session, March 22, 1968; and by counsel not employed by the Government (h) The Code of Ethics for Government ‘‘officer or employee of the Senate’’ means: of the United States as a regular employee. (1) An elected officer of the Senate who is Service, H. Con. Res. 175, 85th Congress, 2d The Committee shall retain and compensate Session, July 11, 1958 (72 Stat. B12). Except not a Member of the Senate; outside counsel to conduct any adjudicatory (2) An employee of the Senate, any com- that S. Res. 338, as amended by Section 202 of review undertaken after a preliminary in- S. Res. 110 (April 2, 1977), and as amended by mittee or subcommittee of the Senate, or quiry, unless the Committee determines that Section 3 of S. Res. 222 (1999), provides: any Member of the Senate; the use of outside counsel is not appropriate (g) Notwithstanding any other provision of (3) The Legislative Counsel of the Senate in the particular case. this section, no adjudicatory review shall be or any employee of his office; (c) DISMISSAL OF STAFF: A staff member initiated of any alleged violation of any law, (4) An Official Reporter of Debates of the may not be removed for partisan, political the Senate Code of Official Conduct, rule, or Senate and any person employed by the Offi- reasons, or merely as a consequence of the regulation which was not in effect at the cial Reporters of Debates of the Senate in rotation of the Committee membership. The time the alleged violation occurred. No pro- connection with the performance of their of- Chairman and Vice Chairman, acting jointly, visions of the Senate Code of Official Con- ficial duties; shall approve the dismissal of any staff duct shall apply to or require disclosure of (5) A member of the Capitol Police force member. any act, relationship, or transaction which whose compensation is disbursed by the Sec- (d) STAFF WORKS FOR COMMITTEE AS occurred prior to the effective date of the ap- retary of the Senate; WHOLE: All staff employed by the Committee plicable provision of the Code. The Select (6) An employee of the Vice President, if or housed in Committee offices shall work Committee may initiate an adjudicatory re- such employee’s compensation is disbursed for the Committee as a whole, under the gen- view of any alleged violation of a rule or law by the Secretary of the Senate; eral direction of the Chairman and Vice which was in effect prior to the enactment of (7) An employee of a joint committee of Chairman, and the immediate direction of the Senate Code of Official Conduct if the al- the Congress whose compensation is dis- the staff director or outside counsel. leged violation occurred while such rule or bursed by the Secretary of the Senate; (e) NOTICE OF SUMMONS TO TESTIFY: Each law was in effect and the violation was not a (8) An officer or employee of any depart- member of the Committee staff or outside matter resolved on the merits by the prede- ment or agency of the Federal Government counsel shall immediately notify the Com- cessor Select Committee. whose services are being utilized on a full- mittee in the event that he or she is called APPENDIX A—OPEN AND CLOSED time and continuing basis by a Member, offi- upon by a properly constituted authority to MEETINGS cer, employee, or committee of the Senate in testify or provide confidential information Paragraphs 5 (b) to (d) of Rule XXVI of the accordance with Rule XLI(3) of the Standing obtained as a result of and during his or her Standing Rules of the Senate reads as fol- Rules of the Senate; and employment with the Committee. lows: (9) Any other individual whose full-time (b) Each meeting of a standing, select, or RULE 16: CHANGES IN SUPPLEMENTARY services are utilized for more than ninety special committee of the Senate, or any sub- PROCEDURAL RULES days in a calendar year by a Member, officer, committee thereof, including meetings to employee, or committee of the Senate in the (a) ADOPTION OF CHANGES IN SUPPLE- conduct hearings, shall be open to the public, conduct of official duties in accordance with MENTARY RULES: The Rules of the Com- except that a meeting or series of meetings Rule XLI(4) of the Standing Rules of the mittee, other than rules established by stat- by a committee or a subcommittee thereof Senate. ute, or by the Standing Rules and Standing on the same subject for a period of no more RULE 15: COMMITTEE STAFF Orders of the Senate, may be modified, than fourteen calendar days may be closed to amended, or suspended at any time, pursuant (a) COMMITTEE POLICY: the public on a motion made and seconded to (1) The staff is to be assembled and re- to a recorded vote of not less than four mem- go into closed session to discuss only wheth- tained as a permanent, professional, non- bers of the full Committee taken at a meet- er the matters enumerated in classes (1) partisan staff. ing called with due notice when prior written through (6) would require the meeting to be (2) Each member of the staff shall be pro- notice of the proposed change has been pro- closed followed immediately by a record vote fessional and demonstrably qualified for the vided each member of the Committee. in open session by a majority of the members (b) PUBLICATION: Any amendments adopted position for which he or she is hired. of the committee or subcommittee when it is (3) The staff as a whole and each member to the Rules of this Committee shall be pub- determined that the matters to be discussed of the staff shall perform all official duties lished in the Congressional Record in accord- or the testimony to be taken at such meet- in a nonpartisan manner. ance with Rule XXVI(2) of the Standing ing or meetings— (4) No member of the staff shall engage in Rules of the Senate. (1) will disclose matters necessary to be kept secret in the interests of national de- any partisan political activity directly af- PART III—SUBJECT MATTER fense or the confidential conduct of the for- fecting any congressional or presidential JURISDICTION eign relations of the United States; election. Following are sources of the subject mat- (2) will relate solely to matters of com- (5) No member of the staff or outside coun- ter jurisdiction of the Select Committee: mittee staff personnel or internal staff man- sel may accept public speaking engagements (a) The Senate Code of Official Conduct ap- agement or procedure; or write for publication on any subject that proved by the Senate in Title I of S. Res. 110, (3) will tend to charge an individual with is in any way related to his or her employ- 95th Congress, April 1, 1977, as amended, and crime or misconduct, to disgrace or injure ment or duties with the Committee without stated in Rules 34 through 43 of the Standing the professional standing of an individual, or specific advance permission from the Chair- Rules of the Senate; otherwise to expose an individual to public man and Vice Chairman. (b) Senate Resolution 338, 88th Congress, as contempt or obloquy, or will represent a (6) No member of the staff may make pub- amended, which states, among others, the clearly unwarranted invasion of the privacy lic, without Committee approval, and Com- duties to receive complaints and investigate of an individual; mittee Sensitive or classified information, allegations of improper conduct which may (4) will disclose the identity of any in- documents, or other material obtained dur- reflect on the Senate, violations of law, vio- former or law enforcement agent or will dis- ing the course of his or her employment with lations of the Senate Code of Official Con- close any information relating to the inves- the Committee. duct and violations of rules and regulations tigation or prosecution of a criminal offense

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2688 CONGRESSIONAL RECORD — SENATE February 25, 2003 that is required to be kept secret in the in- Senate, I submit the rules for the Com- jority vote of the members of the Com- terests of effective law enforcement; mittee on Small Business and Entre- mittee. (5) will disclose information relating to the preneurship to be printed in the CON- 3. HEARINGS trade secrets or financial or commercial in- formation pertaining specifically to a given GRESSIONAL RECORD. The Committee (a)(1) The Chairman of the Committee may person if— rules for the 108th Congress are iden- initiate a hearing of the Committee on his (A) an Act of Congress requires the infor- tical to the rules adopted by the Com- authority or upon his approval of a request mation to be kept confidential by Govern- mittee for the 107th Congress. by any Member of the Committee. If such re- ment officers and employees; or There being no objection, the mate- quest is by the Ranking Member, a decision shall be communicated to the Ranking Mem- (B) the information has been obtained by rial was ordered to be printed in the the Government on a confidential basis, ber within 7 business days. Written notice of other than through an application by such RECORD, as follows: all hearings, including the title, a descrip- person for a specific Government financial or RULES OF THE COMMITTEE ON SMALL BUSINESS tion of the hearing, and a tentative witness other benefit, and is required to be kept se- AND ENTREPRENEURSHIP, 108TH CONGRESS list shall be given at least 5 business days in cret in order to prevent undue injury to the 1. GENERAL advance, where practicable, to Members of the Committee. competitive position of such person; or All applicable provisions of the Standing (2) Hearings of the Committee shall not be (6) may divulge matters required to be Rules of the Senate and of the Legislative scheduled outside the District of Columbia kept confidential under other provisions of Reorganization Act of 1946, as amended, shall unless specifically authorized by the Chair- law or Government regulations. govern the Committee. (c) Whenever any hearing conducted by man and the Ranking Minority Member or any such committee or subcommittee is 2. MEETING AND QUORUMS by consent of a majority of the Committee. open to the public, that hearing may be (a) The regular meeting day of the Com- Such consent may be given informally, with- broadcast by radio or television, or both, mittee shall be the first Wednesday of each out a meeting, but must be in writing. under such rules as the committee or sub- month unless otherwise directed by the (b)(1) Any Member of the Committee shall committee may adopt. Chairman. All other meetings may be called be empowered to administer the oath to any (d) Whenever disorder arises during a com- by the Chairman as he deems necessary, on witness testifying as to fact if a quorum be mittee meeting that is open to the public, or 5 business days notice where practicable. If present as specified in Rule 2(b). any demonstration of approval or dis- at least three Members of the Committee de- (2) The Chairman and Ranking Member approval is indulged in by any person in at- sire the Chairman to call a special meeting, shall be empowered to call an equal number tendance at any such meeting, it shall be the they may file in the office of the Committee of witnesses to a Committee hearing. Such duty of the Chair to enforce order on his own a written request therefor, addressed to the number shall exclude an Administration wit- initiative and without any point of order Chairman. Immediately thereafter, the Clerk ness unless such witness would be sole hear- being made by a Senator. When the Chair of the Committee shall notify the Chairman ing witness, in which case the Ranking Mem- finds it necessary to maintain order, he shall of such request. If, within 3 calendar days ber shall be entitled to invite one witness. have the power to clear the room, and the after the filing of such request, the Chair- Interrogation of witnesses at hearings shall committee may act in closed session for so man fails to call the requested special meet- be conducted on behalf of the Committee by long as there is doubt of the assurance of ing, which is to be held within 7 calendar Members of the Committee or such Com- order. days after the filing of such request, a major- mittee staff as is authorized by the Chair- APPENDIX B—‘‘SUPERVISORS’’ DEFINED ity of the Committee Members may file in man or Ranking Minority Member. Paragraph 12 of Rule XXXVII of the Stand- the Office of the Committee their written (3) Witnesses appearing before the Com- ing Rules of the Senate reads as follows: notice that a notice that a special Com- mittee shall file with the Clerk of the Com- For purposes of this rule— mittee meeting will be held, specifying the mittee a written statement of the prepared (a) a Senator or the Vice President is the date, hour and place thereof, and the Com- testimony at least 2 business days in ad- supervisor of his administrative, clerical, or mittee shall meet at that time and place. vance of the hearing at which the witness is other assistants; Immediately upon the filing of such notice, to appear unless this requirement is waived (b) a Senator who is the chairman of a the Clerk of the Committee shall notify all by the Chairman and the Ranking Minority committee is the supervisor of the profes- Committee Members that such special meet- Member. sional, clerical, or other assistants to the ing will be held and inform them of its date, (c) Witnesses may be subpoenaed by the committee except that minority staff mem- hour and place. If the Chairman is not Chairman with the agreement of the Rank- bers shall be under the supervision of the present at any regular, additional or special ing Minority Member or by consent of a ma- ranking minority Senator on the committee; meeting, such member of the Committee as jority of the Members of the Committee. (c) a Senator who is a chairman of a sub- the Chairman shall designate shall preside. Such consent may be given informally, with- committee which has it own staff and finan- (b)(1) A majority of the Members of the out a meeting but must be in writing. Sub- cial authorization is the supervisor of the Committee shall constitute a quorum for re- poenas shall be issued by the Chairman or by professional, clerical, or other assistants to porting any legislative measure or nomina- the Member of the Committee designated by the subcommittee except that minority staff tion. him. A subpoena for the attendance of a wit- members shall be under the supervision of (2) One-third of the Members of the Com- ness shall state briefly the purpose of the the ranking minority Senator on the sub- mittee shall constitute a quorum for the hearing and the matter or matters to which committee; transaction of routine business, provided the witness is expected to testify. A sub- (d) the President pro tempore is the super- that one Minority Member is present. The poena for the production of memoranda, doc- visor of the Secretary of the Senate, Ser- term ‘‘routine business’’ includes, but is not uments and records shall identify the papers geant at Arms and Doorkeeper, the Chaplain, limited to, the consideration of legislation required to be produced with as much par- the Legislative Counsel, and the employees pending before the Committee and any ticularity as is practicable. of the Office of the Legislative Counsel; amendments thereto, and voting on such (d) Any witness summoned to a public or (e) the Secretary of the Senate is the su- amendments. 132 Congressional Record Sec. closed hearing may be accompanied by coun- pervisor of the employees of his office; 3231 (daily edition March 21, 1986) sel of his own choosing, who shall be per- (f) the Sergeant at Arms and Doorkeeper is (3) In hearings, whether in public or closed mitted while witness is testifying to advise the supervisor of the employees of his office; session a quorum for the asking of testi- him of his legal rights. (g) the Majority and Minority Leaders and mony, including sworn testimony, shall con- (e) No confidential testimony taken, or the Majority and Minority Whips are the su- sist of one Member of the Committee. confidential material presented to the Com- pervisors of the research, clerical, and other (c) Proxies will be permitted in voting mittee, or any report of the proceedings of a assistants assigned to their respective of- upon the business of the Committee by Mem- closed hearing, or confidential testimony or fices; bers who are unable to be present. To be (h) the majority Leader is the supervisor of material submitted voluntarily or pursuant valid, proxies must be signed and assign the the Secretary for the Majority and the Sec- to a subpoena, shall be made public, either in right to vote on the date of the meeting to retary for the Majority is the supervisor of whole or in part or by way of summary, un- one of the Members who will be present. the employees of his office; and less authorized by a majority of the Members (i) the Minority Leader is the supervisor of Proxies shall in no case be counted for estab- of the Committee. the Secretary for the Minority and the Sec- lishing a quorum. 4. SUBCOMMITTEES (d) It shall not be in order for the Com- retary for the Minority is the supervisor of The Committee shall not have standing mittee to consider any amendment in the the employees of his office. subcommittees. first degree proposed to any measure under f consideration by the Committee unless thir- 5. AMENDMENT OF RULES RULES OF THE COMMITTEE ON ty written copies of such amendment have The foregoing rules may be added to, modi- SMALL BUSINESS & ENTREPRE- been delivered to the Offices of the Chairman fied or amended; provided, however, that not NEURSHIP and the Ranking Member at least 2 business less than a majority of the entire Member- days prior to the meeting. This subsection ship so determined at a regular meeting with Ms. SNOWE. Mr. President, pursuant may be waived by the agreement of the due notice, or at a meeting specifically to Rule 26 of the Standing Rules of the Chairman and Ranking Member or by a ma- called for that purpose.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2689 RULES OF THE SELECT ing evidence under oath, a quorum may con- the Committee have specifically requested COMMITTEE ON INTELLIGENCE sist of one Senator. the Chairman or the Vice Chairman to au- 2.5. A vote by any member of the Com- thorize such an investigation. Authorized in- Mr. ROBERTS. Mr. President, para- mittee with respect to any measure or mat- vestigations may be conducted by members graph 2 of Senate Rule XXVI requires ter being considered by the Committee may of the Committee and/or designated Com- that not later than March 1 of the first be cast by proxy if the proxy authorization mittee staff members. year of each Congress, the rules of each (1) is in writing; (2) designates the member of RULE 7. SUBPOENAS Committee shall be published in the the Committee who is to exercise the proxy; Subpoenas authorized by the Committee RECORD. and (3) is limited to a specific measure or for the attendance of witnesses or the pro- In compliance with this provision, I matter and any amendments pertaining duction of memoranda, documents, records thereto. Proxies shall not be considered for or any other material may be issued by the ask unanimous consent that the Rules the establishment of a quorum. of the Select Committee on Intel- Chairman, the Vice Chairman, or any mem- 2.6. Whenever the Committee by roll call ber of the Committee designated by the ligence be printed in the RECORD. vote reports any measure or matter, the re- Chairman, and may be served by any person There being no objection, the mate- port of the Committee upon such measure or designated by the Chairman. Vice Chairman rial was ordered to be printed in the matter shall include a tabulation of the or member issuing the subpoenas. Each sub- RECORD, as follows: votes cast in favor of and the votes cast in poena shall have attached thereto a copy of opposition to such measure or matter by RULES OF PROCEDURE FOR THE SELECT COM- S. Res. 400, 94th Congress, 2d Session and a each member of the Committee. MITTEE ON INTELLIGENCE, UNITED STATES copy of these rules. SENATE RULE 3. SUBCOMMITTEES RULE 8. PROCEDURES RELATED TO THE TAKING (Adopted June 23, 1976) Creation of subcommittees shall be by ma- OF TESTIMONY jority vote of the Committee. Subcommit- 8.1 NOTICE.—Witnesses required to appear (Amended October 24, 1990 tees shall deal with such legislation and before the Committee shall be given reason- (Amended February 25, 1993) oversight of programs and policies as the able notice and all witnesses shall be fur- (Amended February 22, 1995) Committee may direct. The subcommittees nished a copy of these Rules. ATH OF FFIRMATION RULE 1. CONVENING OF MEETINGS shall be governed by the Rules of the Com- 8.2 O A .—Testimony of mittee and by such other rules they may witnesses shall be given under oath or affir- 1.1. The regular meeting day of the Select adopt which are consistent with the Rules of mation which may be administered by any Committee on Intelligence for the trans- the Committee. member of the Committee. action of Committee business shall be every 8.3 INTERROGATION.—Committee interroga- RULE 4. REPORTING OF MEASURES OR other Wednesday of each month, unless oth- tion shall be conducted by members of the RECOMMENDATIONS erwise directed by the Chairman. Committee and such Committee staff as are 1.2. The Chairman shall have authority, 4.1. No measures or recommendations shall authorized by the Chairman, Vice Chairman, upon notice, to call such additional meetings be reported, favorably or unfavorably, from or the presiding member. of the Committee as he may deem necessary the Committee unless a majority of the 8.4 COUNSEL FOR THE WITNESS.—(a) Any and may delegate such authority to any Committee is actually present and a major- witness may be accompanied by counsel. A other member of the Committee. ity concur. witness who is unable to obtain counsel may 1.3. A special meeting of the Committee 4.2. In any case in which the Committee is inform the Committee of such fact. If the may be called at any time upon the written unable to reach a unanimous decision, sepa- witness informs the Committee of this fact request of five or more members of the Com- rate views or reports may be presented by at least 24 hours prior to his or her appear- mittee filed with the Clerk of the Com- any member or members of the Committee. ance before the Committee, the Committee mittee. 4.3. A member of the Committee who gives shall then endeavor to obtain voluntary 1.4. In the case of any meeting of the Com- notice of his intention to file supplemental, counsel for the witness. Failure to obtain mittee, other than a regularly scheduled minority, or additional views at the time of such counsel will not excuse the witness meeting, the Clerk of the Committee shall final Committee approval of a measure or from appearing and testifying. notify every member of the Committee of matter, shall be entitled to not less than (b) Counsel shall conduct themselves in an the time and place of the meeting and shall three working days in which to file such ethical and professional manner. Failure to give reasonable notice which, except in ex- views, in writing with the Clerk of the Com- do so small, upon a finding to that effect by traordinary circumstances, shall be at least mittee. Such views shall then be included in a majority of the members present, subject 24 hours in advance of any meeting held in the Committee report and printed in the such counsel to disciplinary action which Washington, D.C. and at least 48 hours in the same volume, as a part thereof, and their in- may include warning, censure, removal, or a case of any meeting held outside Wash- clusion shall be noted on the cover of the re- recommendation of contempt proceedings. ington, D.C. port. (c) There shall be no direct or cross-exam- 1.5. If five members of the Committee have 4.4. Routine, non-legislative actions re- ination by counsel. However, counsel may made a request in writing to the Chairman quired of the Committee may be taken in ac- submit in writing any question he wishes to call a meeting of the Committee, and the cordance with procedures that have been ap- propounded to his client or to any other wit- Chairman fails to call such a meeting within proved by the Committee pursuant to these ness and may, at the conclusion of his cli- seven calendar days thereafter, including the Committee Rules. ent’s testimony, suggest the presentation of day on which the written notice is sub- RULE 5. NOMINATIONS other evidence or the calling of other wit- nesses. The Committee may use such ques- mitted, these members may call a meeting 5.1. Unless otherwise ordered by the Com- tions and dispose of such suggestions as it by filing a written notice with the Clerk of mittee, nominations referred to the Com- deems appropriate. the committee in writing of the date and mittee shall be held for at least 14 days be- time of the meeting. 8.5 STATEMENTS BY WITNESSES.—A witness fore being voted on by the Committee. may make a statement, which shall be brief 5.2. Each member of the Committee shall RULE 2. MEETING PROCEDURES and relevant, at the beginning and conclu- be promptly furnished a copy of all nomina- 2.1. Meetings of the Committee shall be sion of his or her testimony. Such state- tions referred to the Committee. open to the public except as provided in S. ments shall not exceed a reasonable period of 5.3. Nominees who are invited to appear be- Res. 9, 94th Congress, 1st Session. time as determined by the Chairman, or fore the Committee shall be heard in public 2.2. It shall be the duty of the Staff Direc- other presiding members. Any witness desir- session, except as provided in Rule 2.1. tor to keep or cause to be kept a record of all ing to make a prepared or written statement 5.4. No confirmation hearing shall be held Committee proceedings. for the record of the proceedings shall file a sooner than seven days after receipt of the 2.3. The Chairman of the Committee, of if copy with the Clerk of the Committee, and background and financial disclosure state- the Chairman is not present the Vice Chair- insofar as practicable and consistent with ment unless the time limit is waived by a man, shall preside over all meetings of the the notice given, shall do so at least 72 hours majority vote of the Committee. Committee. In the absence of the Chairman in advance of his or her appearance before and the Vice Chairman at any meeting the 5.5 The Committee vote on the confirma- tion shall not be sooner than 48 hours after the Committee. ranking majority member, or if no majority 8.6 OBJECTIONS AND RULINGS.—Any objec- the Committee has received transcripts of member is present the ranking minority tion raised by a witness or counsel shall be the confirmation hearing unless the time member present shall preside. ruled upon the Chairman or other presiding limit is waived by unanimous consent of the 2.4. Except as otherwise provided in these member, and such ruling shall be the ruling Committee. Rules, decisions of the Committee shall be of the Committee unless a majority of the 5.6 No nomination shall be reported to the by a majority vote of the members present Committee present overrules the ruling of Senate unless the nominee has filed a back- and voting. A quorum for the transaction of the chair. ground and financial disclosure statement Committee business, including the conduct 8.7 INSPECTION AND CORRECTION.—All wit- of executive sessions, shall consist of no less with the committee. nesses testifying before the Committee shall than one third of the Committee Members, RULE 6. INVESTIGATIONS be given a reasonable opportunity to inspect, except that for the purpose of hearing wit- No investigation shall be initiated by the in the office of the Committee, the tran- nesses, taking sworn testimony, and receiv- Committee unless at least five members of script of their testimony to determine

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2690 CONGRESSIONAL RECORD — SENATE February 25, 2003 whether such testimony was correctly tran- or to any member of the Senate not a mem- person engaged by contract or otherwise to scribed. The witness may be accompanied by ber of the Committee, such material shall be perform services for or at the request of the counsel. Any corrections the witness desires accompanied by a verbal or written notice to Committee. To the maximum extent prac- to make in the transcript shall be submitted the recipients advising of their responsi- ticable, the Committee shall rely on its full- in writing to the Committee within five days bility to protect such material pursuant to time employees to perform all staff func- from the date when the transcript was made section 8 of S. Res. 400 of the 94th Congress. tions. No individual may be retained as staff available to the witness. Corrections shall be The Clerk of the Committee shall ensure of the Committee or to perform services for limited to grammar and minor editing, and that such notice is provided and shall main- the Committee unless that individual holds may not be made to change the substance of tain a written record identifying the par- appropriate security clearances. the testimony. Any questions arising with ticular information transmitted and the 10.2 The appointment of Committee staff respect to such corrections shall be decided Committee or members of the Senate receiv- shall be confirmed by a majority vote of the by the Chairman. Upon request, those parts ing such information. Committee. After confirmation, the Chair- of testimony given by a witness in executive 9.5 Access to classified information sup- man shall certify Committee staff appoint- session which are subsequently quoted or plied to the Committee shall be limited to ments to the Financial Clerk of the Senate made part of a public record shall be made those Committee staff members with appro- in writing. No Committee staff shall be given available to that witness at his or her ex- priate security clearance and a need-to- access to any classified information or reg- pense. know, as determined by the Committee, and, ular access to the Committee offices, until such Committee staff has received an appro- 8.8 REQUESTS TO TESTIFY.—The Committee under the Committee’s direction, the Staff will consider requests to testify on any mat- Director and minority Staff Director. priate security clearance as described in Sec- ter or measure pending before the Com- 9.6. No member of the Committee or of the tion 6 of Senate Resolution 400 of the 94th mittee. A person who believes that testi- Committee staff shall disclose, in whole or in Congress. 10.3 The Committee staff works for the mony or other evidence present at a public part or by way of summary, to any person Committee as a whole, under the supervision hearing, or any comment made by a Com- not a member of the Committee or the Com- of the Chairman and Vice Chairman of the mittee member or a member of the Com- mittee staff for any purpose or in connection Committee. The duties of the Committee mittee staff may tend to affect adversely his with any proceeding, judicial or otherwise, staff shall be performed, and Committee any testimony given before the committee in or her reputation, may request to appear staff personnel affairs and day-to-day oper- executive session including the name of any personally before the Committee to testify ations, including security and control of witness who appeared or was called to appear on his or her own behalf, or may file a sworn classified documents and material, and shall before the Committee in executive session, statement of acts relevant to the testimony, be administered under the direct supervision or the contents of any papers or materials or evidence, or comment, or may submit to the and control of the Staff Director. The Minor- other information received by the Com- Chairman proposed questions in writing for ity Staff Director and the Minority Counsel mittee except as authorized herein, or other- the cross-examination of other witnesses. shall be kept fully informed regarding all wise as authorized by the Committee in ac- The Committee shall take such action as it matters and shall have access to all material cordance with section 8 of S. Res. 400 of the deems appropriate. in the files of the Committees. 8.9 CONTEMPT PROCEDURES.—No rec- 94th Congress and the provisions of these 10.4. The Committee staff shall assist the ommendation that a person be cited for con- rules, or in the event of the termination of minority as fully as the majority in the ex- tempt of Congress shall be forwarded to the the Committee, in such a manner as may be pression of minority views, including assist- Senate unless and until the Committee has, determined by the Senate. For purposes of ance in the preparation and filing of addi- upon notice to all its members, met and con- this paragraph, members and staff of the tional, separate and minority in the expres- sidered the alleged contempt, afforded the Committee may disclose classified informa- sion of minority views, to the end that all person an opportunity to state in writing or tion in the possession of the Committee only points of view may be fully considered by the in person why he or she should not be held in to persons with appropriate security clear- Committee and the Senate. contempt, and agreed by majority vote of ances who have a need to know such infor- 10.5. The members of the Committee staff the Committee, to forward such rec- mation for an official governmental purpose shall not discuss either the substance or pro- ommendation to the Senate. related to the work of the Committee. Infor- cedure of the work of the Committee with 8.10 RELEASE OF NAME OF WITNESS.—Unless mation discussed in executive sessions of the any person not a member of the Committee authorized by the Chairman, the name of Committee and information contained in pa- or the Committee staff for any purpose or in any witness scheduled to be heard by the pers and materials which are not classified connection with any proceeding, judicial or Committee shall not be released prior to, or but which are controlled by the committee otherwise, either during their tenure as a after, his or her appearance before the Com- may be disclosed only to persons outside the member of the Committee staff at any time mittee. Committee who have a need to know such in- thereafter except as directed by the Com- RULE 9. PROCEDURES FOR HANDLING formation for an official governmental pur- mittee in accordance with Section 8 of S. CLASSIFIED OR SENSITIVE MATERIAL pose related to the work of the Committee Res. 400 of the 94th Congress and the provi- 9.1. Committee staff offices shall operate and only if such disclosure has been author- sions of these rules, or in the event of the under strict precautions. At least one secu- ized by the Chairman and Vice Chairman of termination of the Committee, in such a rity guard shall be on duty at all times by the Committee, or by the Staff Director and manner as may be determined by the Senate. 10.6. No member of the Committee staff the entrance to control entry. Before enter- Minority Staff Director, acting on their be- shall be employed by the Committee unless ing the office all persons shall identify them- half. Failure to abide by this provision shall and until a member of the Committee staff selves. constitute grounds for referral to the Select agrees in writing, as a condition of employ- 9.2. Sensitive or classified documents and Committee on Ethics pursuant to Section 8 ment to abide by the conditions of the non- material shall be segregated in a secure stor- of S. Res. 400. disclosure agreement promulgated by the age area. They may be examined only at se- 9.7 Before the Committee makes any deci- Senate Select Committee on Intelligence, cure reading facilities. Copying, duplicating, sion regarding the disposition of any testi- mony, papers, or other materials presented pursuant to Section 6 of S. Res. 400 of the or removal from the Committee offices of 94th Congress, 2d Session, and to abide by such documents and other materials is pro- to it, the Committee members shall have a reasonable opportunity to examine all perti- the Committee’s code of conduct. hibited except as is necessary for use in, or 10.7. No member of the Committee staff preparation for, interviews or Committee nent testimony, papers, and other materials that have been obtained by the members of shall be employed by the Committee unless meetings, including the taking of testimony, and until such a member of the Committee and in conformity with Section 10.3 hereof. the Committee or the Committee staff. 9.8 Attendance of persons outside the Com- staff agrees in writing, as a condition of em- All documents or materials removed from mittee at closed meetings of the Committee ployment, to notify the Committee or in the the Committee offices for such authorized shall be kept at a minimum and shall be lim- event of the Committee’s termination the purposes must be returned to the Commit- ited to persons with appropriate security Senate of any request for his or her testi- tee’s secure storage area for overnight stor- clearance and a need-to-know the informa- mony, either during his tenure as a member age. tion under consideration for the execution of of the Committee staff or at any time there- 9.3. Each member of the Committee shall their official duties. Notes taken at such after with respect to information which at all times have access to all papers and meetings by any person in attendance shall came into his or her possession by virtue of other material received from any source. be returned to the secure storage area in the his or her position as a member of the Com- The Staff Director shall be responsible for Committee’s offices at the conclusion of mittee staff. Such information shall not be the maintenance, under appropriate security such meetings, and may be made available to disclosed in response to such requests except procedures, of a registry which will number the department, agency, office, committee or as directed by the Committee in accordance and identify all classified papers and other entity concerned only in accordance with the with Section 8 of S. Res. 400 of the 94th Con- classified materials in the possession of the security procedures of the Committee. gress and the provisions of these rules, or in Committee, and such registry shall be avail- the event of the termination of the Com- able to any member of the Committee. RULE 10. STAFF mittee, in such manner as may be deter- 9.4. Whenever the Select Committee on In- 10.1 For purposes of these rules, Committee mined by the Senate. telligence makes classified material avail- staff includes employees of the Committee, 10.8. The Committee shall immediately able to any other Committee of the Senate consultants to the Committee, or any other consider action to be taken in the case of

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2691 any member of the Committee staff who fails Requests for authorization of such travel (D) two members from the Committee on to conform to any of these Rules. Such dis- shall state the purpose and extent of the the Judiciary; and ciplinary action may include, but shall not trip. A full report shall be filed with the (E) seven members to be appointed from be limited to, immediate dismissal from the Committee when travel is completed. the Senate at large. Committee staff. 13.2. When the Chairman and the Vice (2) Members appointed from each com- 10.9. Within the Committee staff shall be Chairman approve the foreign travel of a mittee named in clauses (A) through (D) of an element with the capability to perform member of the committee staff not accom- paragraph (1) shall be evenly divided between audits of programs and activities undertaken panying a member of the Committee, all the two major political parties and shall be by departments and agencies with intel- members of the Committee are to be advised, appointed by the President pro tempore of ligence functions. Such element shall be prior to the commencement of such travel, of the Senate upon the recommendations of the comprised of persons qualified by training its extent, nature and purpose. The report majority and minority leaders of the Senate. and/or experience to carry out such functions referred to in Rule 13.1 shall be furnished to Four of the members appointed under clause in accordance with accepted auditing stand- all members of the Committee and shall not (E) of paragraph (1) shall be appointed by the President pro tempore of the Senate upon ards. be otherwise disseminated without the ex- the recommendation of the majority leader 10.10. The workplace of the Committee press authorization of the Committee pursu- of the Senate and three shall be appointed by shall be free from illegal use, possession, sale ant to the Rules of the Committee. the President pro tempore of the Senate or distribution of controlled substances by 13.3. No member of the Committee staff upon the recommendation of the minority its employees. Any violation of such policy shall travel within this country on Com- leader of the Senate. mittee business unless specifically author- by any member of the Committee staff shall (3) The majority leader of the Senate and be grounds for termination of employment. ized by the Staff Director as directed by the the minority leader of the Senate shall be ex Further, any illegal use of controlled sub- Committee. officio members of the select committee but stances by a member of the Committee staff, RULE 14. CHANGES IN RULES shall have no vote in the committee and within the workplace or otherwise, shall re- These Rules may be modified, amended, or shall not be counted for purposes of deter- sult in reconsideration of the security clear- repealed by the Committee, provided that a mining a quorum. ance of any such staff member and may con- notice in writing of the proposed change has (b) No Senator may serve on the select stitute grounds for termination of employ- been given to each member at least 48 hours committee for more than eight years of con- ment with the Committee. prior to the meeting at which action thereon tinuous service, exclusive of service by any 10.11. In accordance with title II of the is to be taken. Senator on such committee during the Nine- Civil Rights Act of 1991 (P.L. 102–166), all per- ty-fourth Congress. To the greatest extent sonnel actions affecting the staff of the Com- APPENDIX A.—94TH CONGRESS, 2D SESSION practicable, one-third of the Members of the mittee shall be made free from any discrimi- S. Res. 400 Senate appointed to the select committee at nation based on race, color, religion, sex, na- the beginning of the Ninety-seventh Con- tional origin, age, handicap or disability. [Report No. 94–675] gress and each Congress thereafter shall be RULE 11. PREPARATION FOR COMMITTEE [Report No. 94–770] Members of the Senate who did not serve on MEETINGS IN THE SENATE OF THE UNITED STATES such committee during the preceding Con- 11.1. Under direction of the Chairman and March 1, 1976 gress. (c) At the beginning of each Congress, the the Vice Chairman, designated Committee Mr. Mansfield (for Mr. Ribicoff) (for him- staff members shall brief members of the Members of the Senate who are members of self, Mr. Church, Mr. Percy, Mr. Baker, Mr. the majority party of the Senate shall elect Committee at a time sufficiently prior to Brock, Mr. Chiles, Mr. Glenn, Mr. Huddle- a chairman for the select committee, and the any Committee meeting to assist the Com- ston, Mr. Jackson, Mr. Javits, Mr. Mathias, Members of the Senate who are from the mi- mittee members in preparation for such Mr. Metcalf, Mr. Mondale, Mr. Morgan, Mr. nority party of the Senate shall elect a vice meeting and to determine any matter which Muskie, Mr. Nunn, Mr. Roth, Mr. Schweiker, chairman for such committee. The vice the Committee member might wish consid- and Mr. Weicker) submitted the following chairman shall act in the place and stead of ered during the meeting. Such briefing shall, resolution; which was referred to the Com- the chairman in the absence of the chair- at the request of a member, include a list of mittee on Government Operations. man. Neither the chairman nor the vice all pertinent papers and other materials that May 19, 1976 chairman of the select committee shall at have been obtained by the Committee that the same time serve as chairman or ranking bear on matters to be considered at the Considered, amended, and agreed to resolu- tion to establish a Standing Committee of minority member of any other committee re- meeting. ferred to in paragraph 4(e)(1) of rule XXV of 11.2. The Staff Director shall recommend the Senate on Intelligence, and for other purposes the Standing Rules of the Senate. to the Chairman and the Vice Chairman the SEC. 3. (a) There shall be referred to the se- testimony, papers, and other materials to be Resolved, That it is the purpose of this res- lect committee all proposed legislation, mes- presented to the Committee at any meeting. olution to establish a new select committee sages, petitions, memorials, and other mat- The determination whether such testimony, of the Senate, to be known as the Select ters relating to the following: papers, and other materials shall be pre- Committee on Intelligence, to oversee and (1) The Central Intelligence Agency and sented in open or executive session shall be make continuing studies of the intelligence the Director of Central Intelligence. made pursuant to the Rules of the Senate activities and programs of the United States (2) Intelligence activities of all other de- and Rules of the Committee. Government, and to submit to the Senate ap- partments and agencies of the Government, 11.3. The Staff Director shall ensure that propriate proposals for legislation and report including, but not limited to, the intel- covert action programs of the U.S. Govern- to the Senate concerning such intelligence ligence activities of the Defense Intelligence ment receive appropriate consideration by activities and programs. In carrying out this Agency, the National Security Agency, and the Committee no less frequently than once purpose, the Select Committee on Intel- other agencies of the Department of State; a quarter. ligence shall make every effort to assure the Department of Justice; and the Depart- RULE 12. LEGISLATIVE CALENDAR that the appropriate departments and agen- ment of the Treasury. (3) The organization or reorganization of 12.1. The Clerk of the Committee shall cies of the United States provide informed any department or agency of the Govern- maintain a printed calendar for the informa- and timely intelligence necessary for the ex- ecutive and legislative branches to make ment to the extent that the organization or tion of each Committee member showing the reorganization relates to a function or activ- measures introduced and referred to the sound decisions affecting the security and vital interests of the Nation. It is further the ity involving intelligence activities. Committee and the status of such measures; (4) Authorizations for appropriations, both nominations referred to the Committee and purpose of this resolution to provide vigilant legislative oversight over the intelligence direct and indirect, for the following: their status; and such other matters as the (A) The Central Intelligence Agency and Committee determines shall be included. The activities of the United States to assure that such activities are in conformity with the Director of Central Intelligence Calendar shall be revised from time to time (B) The Defense Intelligence Agency. to show pertinent changes. A copy of each Constitution and laws of the United States. (C) The National Security Agency. SEC. 2. (a)(1) There is hereby established a such revision shall be furnished to each (D) The intelligence activities of other select committee to be known as the Select member of the Committee. agencies and subdivisions of the Department Committee on Intelligence (hereinafter in 12.2. Unless otherwise ordered, measures of Defense. this resolution referred to as the ‘‘select referred to the Committee shall be referred (E) The intelligence activities of the De- committee’’). The select committee shall be by the Clerk of the Committee to the appro- partment of State. composed of fifteen members appointed as priate department or agency of the Govern- (F) The intelligence activities of the Fed- follows: ment for reports thereon. eral Bureau of Investigation, including all (A) two members from the Committee on activities of the Intelligence Division. RULE 13. COMMITTEE TRAVEL Appropriations; (G) Any department, agency, or subdivi- 13.1. No member of the Committee or Com- (B) two members from the Committee on sion which is the successor to any agency mittee Staff shall travel abroad on Com- Armed Services; named in clause (A), (B), or (C); and the ac- mittee business unless specifically author- (C) two members from the Committee on tivities of any department, agency, or sub- ized by the Chairman and Vice Chairman. Foreign Relations; division named in clause (D), (E), or (F) to

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No member involving matters specified in clause (1) or and estimates described in section 301(c) of of the select committee shall disclose any in- (4)(A) of subsection (a), containing any mat- the Congressional Budget Act of 1974 regard- formation, the disclosure of which requires a ter otherwise within the jurisdiction of any ing matters within the jurisdiction of the se- committee vote, prior to a vote by the com- standing committee shall, at the request of lect committee. mittee on the question of the disclosure of the chairman of such standing committee, be SEC. 5. (a) For the purpose of this resolu- such information or after such vote except in referred to such standing committee for its tion, the select committee is authorized in accordance with this section. consideration of such matter and be reported its discretion (1) to make investigations into (b)(1) In any case in which the select com- to the Senate by such standing committee any matter within its jurisdiction, (2) to mittee votes to disclose publicly any infor- within thirty days after the day on which make expenditures from the contingent fund mation which has been classified under es- such proposed legislation is referred, to such of the Senate, (3) to employ personnel, (4) to tablished security procedures, which has standing committee; and any proposed legis- hold hearings, (5) to sit and act at any time been submitted to it by the executive lation reported by any committee, other or place during the sessions, recesses, and branch, and which the executive branch re- than the select committee, which contains adjourned periods of the Senate, (6) to re- quests be kept secret, such committee shall any matter within the jurisdiction of the se- quire, by subpoena or otherwise, the attend- notify the President of such vote. lect committee shall, at the request of the ance of witnesses and the production of cor- (2) The select committee may disclose pub- chairman of the select committee, be re- respondence, books, papers, and documents, licly such information after the expiration of ferred to the select committee for its consid- (7) to take depositions and other testimony, a five-day period following the day on which eration of such matter and be reported to the (8) to procure the service of individual con- notice of such vote is transmitted to the Senate by the select committee within thir- sultants or organizations thereof, in accord- President, unless, prior to the expiration of ty days after the day on which such proposed ance with the provisions of section 202(i) of such five-day period, the President, person- legislation is referred to such committee. In the Legislative Reorganization Act of 1946, ally in writing, notifies the committee that any case in which a committee fails to re- and (9) with the prior consent of the govern- he objects to the disclosure of such informa- port any proposed legislation referred to it ment department or agency concerned and tion, provides his reasons therefor, and cer- within the time limit prescribed herein, such the Committee on Rules and Administration, tifies that the threat to national interest of committee shall be automatically discharged to use on a reimbursable basis the services of the United States posed by such disclosure is from further consideration of such proposed personnel of any such department or agency. of such gravity that it outweighs any public legislation on the thirtieth day following the (b) The chairman of the select committee interest in the disclosure. day on which such proposed legislation is re- or any member thereof may administer (3) If the President, personally in writing, ferred to such committee unless the Senate oaths to witnesses. notifies the select committee of his objec- (c) Subpoenas authorized by the select provides otherwise. In computing any thirty- tions to the disclosure of such information committee may be issued over the signature day period under this paragraph there shall as provided in paragraph (2), such committee of the chairman, the vice chairman or any be excluded from such computation any days may, by majority vote, refer the question of member of the select committee designated on which the Senate is not in session. the disclosure of such information to the (c) Nothing in this resolution shall be con- by the chairman, and may be served by any Senate for consideration. The committee strued as prohibiting or otherwise restrict- person designated by the chairman or any shall not publicly disclose such information ing the authority of any other committee to member signing the subpoenas. without leave of the Senate. study and review any intelligence activity to SEC. 6. No employee of the select com- (4) Whenever the select committee votes to the extent that such activity directly affects mittee or any person engaged by contract or refer the question of disclosure of any infor- a matter otherwise within the jurisdiction of otherwise to perform services for or at the mation to the Senate under paragraph (3), such committee. request of such committee shall be given ac- the chairman shall not later than the first (d) Nothing in this resolution shall be con- cess to any classified information by such day on which the Senate is in session fol- strued as amending, limiting, or otherwise committee unless such employee or person lowing the day on which the vote occurs, re- changing the authority of any standing com- has (1) agreed in writing and under oath to port the matter to the Senate for its consid- mittee of the Senate to obtain full and be bound by the rules of the Senate (includ- eration. prompt access to the product of the intel- ing the jurisdiction of the Select Committee (5) One hour after the Senate convenes on ligence activities of any department or agen- on Standards and Conduct and of such com- the fourth day on which the Senate is in ses- cy of the Government relevant to a matter mittee as to the security of such information sion following the day on which any such otherwise within the jurisdiction of such during and after the period of his employ- matter is reported to the Senate, or at such committee. ment or contractual agreement with such earlier time as the majority leader and the SEC. 4. (a) The select committee, for the committee; and (2) received an appropriate minority leader of the Senate jointly agree purposes of accountability to the Senate, security clearance as determined by such upon in accordance with paragraph 5 of rule shall make regular and periodic reports to committee in consultation with the Director XVII of the Standing Rules of the Senate, the Senate on the nature and extent of the of Central Intelligence. The type of security the Senate shall go into closed session and intelligence activities of the various depart- clearance to be required in the case of any the matter shall be the pending business. In ments and agencies of the United States. such employee or person shall, within the de- considering the matter in closed session the Such committee shall promptly call to the termination of such committee in consulta- Senate may— attention of the Senate or to any other ap- tion with the Director of Central Intel- (A) approve the public disclosure of all or propriate committee or committees of the ligence, by commensurate with the sensi- any portion of the information in question, Senate any matters requiring the attention tivity of the classified information to which in which case the committee shall not pub- of the Senate or such other committee or such employee or person will be given access licly disclose the information ordered to be committees. In making such report, the se- by such committee. lect committee shall proceed in a manner SEC. 7. The select committee shall formu- disclosed. consistent with section 8(c)(2) to protect na- late and carry out such rules and procedures (B) disapprove the public disclosure of all tional security. as it deems necessary to prevent the disclo- or any portion of the information in ques- (b) The select committee shall obtain an sure, without the consent of the person or tion, in which case the committee shall not annual report from the Director of the Cen- persons concerned, of information in the pos- public disclose the information ordered not tral Intelligence Agency, the Secretary of session of such committee which unduly in- to be disclosed, or Defense, the Secretary of State, and the Di- fringes upon the privacy or which violates (C) refer all or any portion of the matter rector of the Federal Bureau of Investiga- the constitutional rights of such person or back to the committee, in which case the tion. Such reports shall review the intel- persons. Nothing herein shall be construed to committee shall make the final determina- ligence activities of the agency or depart- prevent such committee from publicly dis- tion with respect to the public disclosure of ment concerned and the intelligence activi- closing any such information in any case in the information in question. ties of foreign countries directed at the which such committee determines the na- Upon conclusion of the information of such United States or its interest. An unclassified tional interest in the disclosure of such in- matter in closed session, which may not ex- version of each report may be made available formation clearly outweighs any infringe- tend beyond the close of the ninth day on to the public at the discretion of the selec- ment on the privacy of any person or per- which the Senate is in session following the tion committee. Nothing herein shall be con- sons. day on which such matter was reported to strued as requiring the public disclosure in SEC. 8. (a) The select committee may, sub- the Senate, or the close of the fifth day fol- such reports of the names of individuals en- ject to the provisions of this section, disclose lowing the day agreed upon jointly by the gaged in intelligence activities for the publicly any information in the possession of majority and minority leaders in accordance United States or the divulging of intel- such committee after a determination by with paragraph 5 of rule XVII of the Stand- ligence methods employed or the sources of such committee that the public interest ing Rules of the Senate (whichever the case

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The Senate shall this does not constitute a condition prece- for disclosure of information for which there vote to dispose of such matter by one or dent to the implementation of any such an- is no compelling reason for secrecy; more of the means specified in clauses (A), ticipated intelligence activity. (6) the desirability of establishing a stand- (B), and (C) of the second sentence of this (b) It is the sense of the Senate that the ing committee of the Senate on intelligence paragraph. Any vote of the Senate to dis- head of any department or agency of the activities; close any information pursuant to this para- United States involved in any intelligence (7) the desirability of establishing a joint graph shall be subject to the right of a Mem- activities should furnish any information or committee of the Senate and the House of ber of the Senate to move for reconsider- document in the possession, custody, or con- Representatives on intelligence activities in ation of the vote within the time and pursu- trol of the department or agency, or person lieu of having separate committees in each ant to the procedures specified in rule XIII of paid by such department or agency, when- House of Congress, or of establishing proce- the Standing Rules of the Senate, and the ever requested by the select committee with dures under which separate committees on disclosure of such information shall be made respect to any matter within such com- intelligence activities of the two Houses of consistent with that right. mittee with respect to any matter within Congress would receive joint briefings from (c)(1) No information in the possession of such committee’s jurisdiction. the intelligence agencies and coordinate the select committee relating the lawful in- (c) It is the sense of the Senate that each their policies with respect to the safe- telligence activities of any department or department and agency of the United States guarding of sensitive intelligence informa- agency of the United States which has been should report immediately upon discovery to tion; classified under established security proce- the select committee any and all intel- (8) the authorization of funds for the intel- dures and which the select committee, pur- ligence activities which constitute viola- ligence activities of the Government and suant to subsection (a) or (b) of this section, tions of the constitutional rights of any per- whether disclosure of any of the amounts of has determined should not be disclosed shall son, violations of law, or violations of Execu- such funds is in the public interest; and be made available to any person by a Mem- tive orders, presidential directives or depart- (9) the development of a uniform set of ber, officer, or employee of the Senate except mental or agency rules or regulations; each definitions for terms to be used in policies or in a closed session of the Senate or as pro- department and agency should further report guidelines which may be adopted by the ex- vided in paragraph (2). to such committee what actions have been ecutive or legislative branches to govern, (2) The select committee may, under such taken or are expected to be taken by the de- clarify, and strengthen the operation of in- regulations as the committee shall prescribe partments or agencies with respect to such telligence activities. to protect the confidentiality of such infor- violations. (b) The select committee may, in its dis- mation, make any information described in SEC. 12. Subject to the Standing rules of cretion, omit from the special study required paragraph (1) available to any other com- the Senate, no funds shall be appropriated by this section any matter it determines has mittee or any other Member of the Senate. for any fiscal year beginning after Sep- been adequately studied by the Select Com- Whenever the select committee makes such tember 30, 1976, with the exception of a con- mittee To Study Governmental Operations information available, the committee shall tinuing bill or resolution, or amendment With Respect to Intelligence Activities, es- keep a written record showing, in the case of thereto, or conference report thereon, to, or tablished by Senate Resolution 21, Ninety- any particular information, which the com- for use of, any department or agency of the fourth Congress. mittee or which Members of the Senate re- United States to carry out any of the fol- (c) The select committee shall report the ceived such information under this sub- lowing activities, unless such funds shall results of the study provided for by this sec- section, shall disclose such information ex- have been previously authorized by a bill or tion to the Senate, together with any rec- cept in a closed session of the Senate. joint resolution passed by the Senate during ommendations for legislative or other ac- (d) It shall be the duty of the Select Com- the same or preceding fiscal year to carry tions it deems appropriate, no later than mittee on Standards and Conduct 1 to inves- out such activity for such fiscal year: July 1, 1977, and from time to time there- tigate any unauthorized disclosure of intel- (1) The activities of the Central Intel- after as it deems appropriate. ligence information by a Member, officer or ligence Agency and the Director of Central SEC. 14. (a) As used in this resolution, the employee of the Senate in violation of sub- Intelligence. term ‘‘intelligence activities’’ includes (1) section (c) and to report to the Senate con- (2) The activities of the Defense Intel- the collection, analysis, production, dissemi- cerning any allegation which it finds to be ligence Agency. nation, or use of information which relates substantiated. (3) The activities of the National Security to any foreign country, or any government, (e) Upon the request of any person who is Agency. political group, party, military force, move- subject to any such investigation, the Select (4) The intelligence activities of other ment, or other association in such foreign Committee on Standards and Conduct 1 shall agencies and subdivisions of the Department country, and which relates to the defense, release to such individual at the conclusion of Defense. foreign policy, national security, or related of its investigation a summary of its inves- (5) The intelligence activities of the De- policies of the United States, and other ac- tigation together with its findings. If, at the partment of State. tivity which is in support of such activities; conclusion of its investigation, the Select (6) The intelligence activities activities of (2) activities taken to counter similar activi- Committee on Standards and Conduct 1 de- the Federal Bureau of Investigation, includ- ties directed against the United States; (3) termines that there has been a significant ing all activities of the Intelligence Division. covert or clandestine activities affecting the breach of confidentiality or unauthorized SEC. 13. (a) The select committee shall relations of the United States with any for- disclosure by a Member, officer, or employee make a study with respect to the following eign government, political group, party, of the Senate, it shall report its findings to matters, taking into consideration with re- military force, movement or other associa- the Senate and recommend appropriate ac- spect to each such matter, all relevant as- tion; (4) the collection, analysis, production, tion such as censure, removal from com- pects of the effectiveness of planning, gath- dissemination, or use of information about mittee membership, or expulsion from the ering, use, security, and dissemination of in- activities of persons within the United Senate, in the case of a Member, or removal telligence: States, its territories and possessions, or na- from office-or employment or punishment (1) the quality of the analytical capabili- tionals of the United States abroad whose for contempt, in the case of an officer or em- ties of the United States foreign intelligence political and related activities pose, or may ployee. agencies and means for integrating more be considered by any department, agency, SEC. 9. The select committee is authorized closely analytical intelligence and policy bureau, office, division, instrumentality, or to permit any personal representative of the formulation; employee of the United States to pose, a President, designated by the President to (2) the extent and nature of the authority threat to the internal security of the United serve as a liaison to such committee, to at- of the departments and agencies of the exec- States, and covert or clandestine activities tend any closed meeting of such committee. utive branch to engage in intelligence activi- directed against such persons. Such term SEC. 10. Upon expiration of the Select Com- ties and the desirability of developing char- does not include tactical foreign military in- mittee on Governmental Operations With ters for each intelligence agency or depart- telligence serving no national policy-making Respect to Intelligence Activities, estab- ment; function. lished by Senate Resolution 21, Ninety- (3) the organization of intelligence activi- (b) As used in this resolution, the term fourth Congress, all records, files, docu- ties in the executive branch to maximize the ‘‘department or agency’’ includes any orga- ments, and other materials in the possession, effectiveness of the conduct, oversight, and nization, committee, council, establishment, custody, or control of such committee, under accountability of intelligence activities; to or office within the Federal Government. appropriate conditions established by it, reduce duplication or overlap; and to im- (c) For purposes of this resolution, ref- shall be transferred to the select committee. prove the morale of the personnel of the for- erence to any department, agency, bureau, SEC. 11. (a) It is the sense of the Senate eign intelligence agencies; or subdivision shall include a reference to that the head of each department and agency (4) the conduct of covert and clandestine any successor department, agency, bureau, of the United States should keep the select activities and the procedures by which Con- or subdivision to the extent that such suc- committee fully and currently informed with gress is informed of such activities; cessor engages in intelligence activities now

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2694 CONGRESSIONAL RECORD — SENATE February 25, 2003 conducted by the department, agency, bu- SEC. 2. Section 133A(b) of the Legislative ‘‘elevated’’ threat level declared when reau, or subdivision referred to in this reso- Reorganization Act of 1946, section 242(a) of there is a significant risk of terrorist lution. the Legislative Reorganization Act of 1970, attacks, requiring increased surveil- SEC. 15. (This section authorized funds for and section 102(d) and (e) of the Congres- lance of critical locations. the select committee for the period May 19, sional Budget Act of 1974 are repealed. Counties, cities, and towns in my 1976, through Feb. 28, 1977.) f SEC. 16. Nothing in this resolution shall be home State of Vermont and across the construed as constituting acquiescence by FIRST RESPONDERS PARTNERSHIP United States find themselves over- the Senate in any practice, or in the conduct GRANT ACT OF 2003 INCLUDED IN whelmed by increasing homeland secu- of any activity, not otherwise authorized by THE ECONOMIC RECOVERY ACT rity costs required by the Federal Gov- law. OF 2003 ernment. Indeed, the National Gov- ernors’ Association estimates that APPENDIX B.—94TH CONGRESS, 1ST SESSION Mr. LEAHY. Mr. President, I rise States incurred around $7 billion in se- S. Res. 9 today in support of Democratic Leader curity costs over the past year alone. IN THE SENATE OF THE UNITED STATES DASCHLE’s request to bring before the As a result, the national threat January 15, 1975 Senate the Economic Recovery Act of alerts and other Federal homeland se- Mr. Chiles (for himself, Mr. Roth, Mr. 2003, S. 414, which includes legislation I curity requirements have become un- Biden, Mr. Brock, Mr. Church, Mr. Clark, Mr. introduced last month: the First Re- funded Federal mandates on our State Cranston, Mr. Hatfield, Mr. Hathaway, Mr. sponders Partnership Grant Act of 2003. and local governments. Rutland Coun- Humphrey, Mr. Javits, Mr. Johnston, Mr. I thank the Democratic leader for au- ty Sheriff R.J. Elrick, president of the McGovern, Mr. Metcalf, Mr. Mondale, Mr. thoring this important economic stim- Vermont Sheriffs’ Association, re- Muskie, Mr. Packwood, Mr. Percy, Mr. Prox- ulus package. In seeking to improve cently wrote to me: mire, Mr. Stafford, Mr. Stevenson, Mr. Taft, homeland security, I am proud that he Mr. Weicker, Mr. Bumpers, Mr. Stone, Mr. We are in dire need of financial support to keep our personnel trained and equipped to Culver, Mr. Ford, Mr. Hart of Colorado, Mr. saw fit to include the First Responders meet the challenges here at home as we con- Laxalt, Mr. Nelson, and Mr. Haskell) intro- Partnership Grant Act—on which he, tinue our vigilant commitment to fight ter- duced the following resolution; which was Democratic Whip REID and Senator rorism. read twice and referred to the Committee on BREAUX join me as cosponsors. This Rules and Administration. legislation will supply our Nation’s When terrorists strike, first respond- Resolution amending the rules of the Senate first responders with the support they ers are and will always be the first peo- relating to open committee meetings so desperately need to protect home- ple we turn to for help. We place our Resolved, That paragraph 7(b) of rule XXV land security and prevent and respond lives and the lives of our families and of the Standing Rules of the Senate is to acts of terrorism. friends in the hands of these officers, amended to read as follows: I want to begin by thanking each of trusting that when called upon they ‘‘(b) Each meeting of a standing, select, or our Nation’s brave firefighters, emer- will protect and save us. special committee of the Senate, or any sub- Just how, without supplying them committee thereof, including meetings to gency rescuers, law enforcement offi- cers, and other first responder per- with the necessary resources, do we ex- conduct hearings, shall be open to the public, pect our Nation’s first responders to re- sonnel for the jobs they do for the except that a portion or portions of any such alistically carry out their duties? American public day in and day out. meetings may be closed to the public if the Our State and local law enforcement committee or subcommittee, as the case Our public safety officers are often the officers, firefighters and emergency may be, determines by record vote of a ma- first to respond to any crime or emer- jority of the members of the committee or personnel are full partners in pre- gency situation. On September 11, the venting, investigating, and responding subcommittee present that the matters to be Nation saw that the first on the scene discussed or the testimony to be taken at to terrorist acts. They need and de- at the World Trade Center were the he- such portion or portions— serve the full collaboration of the Fed- ‘‘(1) will disclose matters necessary to be roic firefighters, police officers, and eral Government to meet these new na- kept secret in the interests of national de- emergency personnel of New York City. tional responsibilities. fense or the confidential conduct of the for- These real-life heroes, many of whom Washington is buzzing about the lit- eign relations of the United States; gave the ultimate sacrifice, remind us erally hundreds of billions of addi- ‘‘(2) will relate solely to matters of com- of how important it is to support our tional dollars the President plans to mittee staff personnel or internal staff man- State and local public safety partners. ask Congress to provide for our mili- agement or procedure; But while we ask our Nation’s first ‘‘(3) will tend to charge an individual with tary services to fight the war on ter- crime or misconduct, to disgrace or injure responders to defend us as never before rorism abroad. The same cannot be the professional standing of an individual, or on the front lines against the dark said for helping security here at home, otherwise to expose an individual to public menace of domestic terrorism, we have which is shamefully overlooked. contempt or obloquy, or will represent a failed to supply them with the Federal For a year and a half I have been clearly unwarranted invasion of the privacy support they need and deserve to pro- working hard to remedy that, with al- of an individual; tect us, as we expect and need them to lies like our distinguished Democratic ‘‘(4) will disclose the identity of any in- protect us. leader and assistant Democratic leader, former or law enforcement agent or will dis- Since February 7, 2003, the Federal close any information relating to the inves- and New York Senators SCHUMER and tigation or prosecution of a criminal offense Homeland Security Advisory System CLINTON. As former chair and now that is required to be kept secret in the in- has kept State and local first respond- ranking member of the Judiciary Com- terests of effective law enforcement; or ers on Orange Alert, a ‘‘high’’ condi- mittee, I have made it a high priority ‘‘(5) will disclose information relating to tion indicating a high probability of a to evaluate and meet the needs of our the trade secrets or financial or commercial terrorist attack and when additional first responders. information pertaining specifically to a precautions by first responders are nec- For these reasons, I commend the given person if— essary at public events. Democratic leader for including in the ‘‘(A) an Act of Congress requires the infor- mation to be kept confidential by Govern- Since then, counterterrorism offi- homeland security section of his eco- ment officers and employees; or cials have warned that the threat of nomic stimulus package the First Re- ‘‘(B) the information has been obtained by terrorist attacks on U.S. soil is at a sponders Partnership Grant Act, which the Government on a confidential basis, higher level than in previous months will give our Nation’s law enforcement other than through an application by such due to the possibility of impending officers, firefighters, and emergency person for a specific Government financial or military action against Iraq. This is personnel the resources they need to do other benefit, and is required to be kept se- the second time since September 11, their jobs. This legislation will estab- cret in order to prevent undue injury to the 2001, that the national warning level lish a grant program at the Depart- competitive position of such person has been at Orange Alert—from Sep- ment of Homeland Security to provide Whenever any hearing conducted by any tember 10 to September 24 last year, $5 billion nationwide for current fiscal such committee or subcommittee is open to the public, that hearing may be broadcast by Attorney General Ashcroft declared year to support State and local public radio or television, or both, under such rules our country at Orange Threat level. safety officers in their efforts to pro- as the committee or subcommittee may From March 12, 2002, until this tect homeland security and prevent adopt.’’ month, we were at Yellow Alert, an and respond to acts of terrorism.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2695 Similar to the highly successful De- two men attacked the driver and con- Mae Jemison, an African American partment of Justice Community Ori- tinued to yell racial slurs. physician, scientist and engineer, was ented Policing Services—COPS—and I believe that Government’s first the first woman of color to go into the Bulletproof Vest Partnership Grant duty is to defend its citizens, to defend space more than 10 years ago. Dr. Programs, the First Responder Grants them against the harms that come out Jemison was only 16 when she entered will be made directly to State and of hate. The Local Law Enforcement Stanford University; she graduated in local government units for overtime, Enhancement Act is a symbol that can 1977 at age 20 with degrees in both equipment, training, and facility ex- become substance. I believe that by chemical engineering and African penses to support our law enforcement passing this legislation and changing American studies. A few years later, officers, firefighters, and emergency current law, we can change hearts and she received a medical degree from personnel. minds as well. Cornell University. Dr. Jemison was se- The First Responder Grants may be f lected by NASA in 1988 for Astronaut used to pay up to 90 percent of the cost THE MEASURE OF SUCCESS: CELE- training and in 1992 became a mission of the overtime, equipment, training, BRATING A LEGACY OF AFRICAN specialist aboard the space shuttle En- or facility. In cases of fiscal leadership, AMERICAN ACHIEVEMENT deavor. the Department of Homeland Security Throughout her career, Dr. Jemison may waive the local match require- Ms. FEINSTEIN. Mr. President, remained undaunted by the lack of role ment of 10 percent to provide Federal ‘‘Success is to be measured not so models in her area of expertise and in- funds for communities that cannot af- much by the position one has reached stead paved the way as a hero for ford the local match. in life, as by the obstacles which he has women and minorities interested in the In a world shaped by the violent overcome while trying to succeed.’’ science and technology fields. She once events of September 11, day after day This statement, made over 100 years said, ‘‘I saw a world that was changing we call upon our public safety officers ago by Booker T. Washington, rings and I wanted to be a part of that.’’ to remain vigilant. We not only ask true today. Last year, she was honored by the Twenty-seven years ago, February them to put their lives at risk in the Mentoring Center in Oakland during a was designated ‘‘Black History line of duty, but also, if need be, give ceremony where she stressed the need Month.’’ Today, I am pleased to join in their lives to protect us. for caring adults to reach out for the celebration of the many achieve- If we take time to listen to our Na- young people in these troubled times. ments and contributions African Amer- tion’s State and local public safety Just recently, Dr. Jemison encouraged icans have made to our history. I en- partners, they will tell us that they a young audience at the Modesto Com- courage all of you to celebrate this rich welcome the challenge to join in our munity College to shoot for the stars history of achievement year-round. national mission to protect our home- America’s history has been shaped by and realize their capacity to dream. land security. But we cannot ask our the courage, talent, and ingenuity of She said, ‘‘We have to have a vision of firefighters, emergency personnel, and African-Americans. Each February we what we want the world to be in the fu- law enforcement officers to assume rediscover familiar stories of those who ture. We must combine lessons from these new national responsibilities triumphed over bigotry and hatred to the past with our responsibility for the without also providing new Federal help move our Nation closer to living present. It’s the only way to have hope support. up to its greatest potential. In the lives for the future.’’ The First Responders Partnership of Frederick Douglass, Harriet Tub- Politics: African Americans in the Grant Act will provide the necessary man, Sojourner Truth, Rosa Parks, and political arena have worked tirelessly Federal support for our State and pub- Thurgood Marshall we find heroes who to advance the civil rights of all people lic safety officers to serve as full part- dedicated their lives to liberty, free- in California. Largely as a result of ners in the fight to protect our home- dom, and equality. During this month their efforts, African Americans are land security. We need our first re- we also celebrate the achievements and well represented in California local, sponders for the security and the life- vision of civil rights leaders such as State and Federal Governments. saving help they bring to our commu- Martin Luther King, Jr. and Medgar Below is a short list of other African- nities. All they ask is for the tools Evers and are reminded that we must American Californians who have made they need to do their jobs for us. And continue the important work they similar contributions to our State and for the sake of our own security, that started. communities across the Nation: is not too much to ask. A look through our own State’s his- Yvonne Brathwaite Burke was the I commend Senator DASCHLE for his tory reveals a rich portrait of African first black woman to be elected to the leadership, and hope that the Senate American achievement in California. California General Assembly and the will soon consider this desperately In science, George Edward Alcorn, Jr. first to be elected to represent Cali- needed economic stimulus package. is a brilliant physicist and inventor fornia in the United States Congress. f who has made considerable contribu- Congressman Ronald V. Dellums was tions to semiconductor technology and elected to Congress in 1970. He was the LOCAL LAW ENFORCEMENT ACT other scientific fields. He graduated first African-American to serve on the OF 2001 from Occidental College in Los Angeles Armed Services Committee and was its Mr. SMITH. Mr. President, I rise with a B.A. in Physics, and received an first black chairman. today to speak about the need for hate M.S. and Ph.D. in Nuclear, Atomic and Herb J. Wesson, Jr. is only the second crimes legislation. In the last Congress Molecular Physics from Howard Uni- African American in California history Senator KENNEDY and I introduced the versity. He has been issued more than to be elected the 65th Speaker of the Local Law Enforcement Act, a bill that 25 patents for his groundbreaking work California State Assembly, one of the would add new categories to current and is most well-known for inventing most powerful positions in the State. hate crimes law, sending a signal that the Imaging X-ray Spectrometer used As a student at Lincoln University, a violence of any kind is unacceptable in for detecting life on other planets. historically black college, Mr. Wesson our society. Dr. Alcorn has also been extensively was inspired to pursue a political ca- I would like to describe a terrible involved in community service. He was reer while listening to a speech by then crime that occurred July 22, 2001 in awarded a NASA–EEO medal for his Congressman Ron Dellums of Cali- Pleasanton, CA. Two men assaulted an contributions in recruiting minority fornia. Afghani cab driver in an incident that and women scientists and engineers During his career, Mr. Wesson has in- police labeled a hate crime. The two and for his assistance to minority busi- troduced bills that protected labor attackers, Kenny Loveless and Travis nesses in establishing research pro- rights for immigrant workers, ensured Gossage, both 21, yelled racial epithets grams. He is a founder of Saturday pay equity across gender lines, in- at the cab driver during their ride. Academy, which is a weekend honors creased funding for low performing Upon getting out of the cab they program designed to supplement and schools, and promoted job training for struck the outside of the cab. When the extend math-science training for inner- at-risk teens. He has earned a reputa- driver got out to inspect the cab the city students in grades 6 to 8. tion as a natural born leader, mediator

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2696 CONGRESSIONAL RECORD — SENATE February 25, 2003 and bridge-builder, someone other As- my colleagues join me in remembering original thirteen. Since 1809, Concord sembly members turned to when seek- the sacrifices and contributions Afri- has served as the Capital of New Hamp- ing to resolve a conflict. can-Americans have made to our coun- shire and, naturally, has been the heart Sports: African Americans have try. From laying the foundation of the of political life in our state. However, played an extremely influential role in United States Capitol, to creating the the City has a proud record for being the development of professional sports. design of the Nation’s capital, a feat the center of commerce and transpor- Among the most prominent, Tony accomplished by noted scientist Ben- tation as well. One of its best known Gwynn has demonstrated excellence on jamin Banneker, composing great industries was the Abbott-Downing and off the field. A native of Long music and writing classic literature, Company which shipped thousands of Beach, Gwynn played baseball for the African-Americans’ influence on our its famous stagecoaches and wagons all San Diego Padres for 20 years. society and culture is immeasurable. over the world. In addition, the granite In addition to his incredible skill on So many of our modern conveniences from Concord became the cornerstone the diamond, Gwynn became a sports are due to the innovation and imagina- for buildings throughout the United hero for youth across the nation. Dem- tion of great African-American inven- States. Furthermore, the City was the onstrating sportsmanship, community tors like Garrett A. Morgan, creator of northern hub for the railroad industry service, and athleticism, Gwynn has the modern stop light and the gas in the first half of the 20th century. won numerous community awards for mask, which our Nation’s forces may Of course, we cannot talk about this his dedication and activism. He was in- be utilizing in combat in Iraq. The city without praising its most distinc- ducted into the World Sports Humani- great scientist, George Washington tive feature: the people of Concord. In tarian Hall of Fame in 1999. Carver, took tiny peanuts and engi- this community, the citizens value the California can also be very proud of neered myriad uses for them. Pio- importance of helping one’s neighbor its local African American heroes— neering astronauts like Guion Bluford, and, thus, have long been responsible those who often go unrecognized by the and most recently, Lieutenant Colonel for strengthening the New Hampshire national community. Michael Anderson, whom we lost in the way of life. They have never been re- Improving the community relations Columbia tragedy, undertook experi- strained in lending their talents and in her native neighborhood of Watts, in ments in space that will advance our energy to any noble cause. The experi- Los Angeles, has been a lifelong com- technological and scientific knowledge, ences of two Concord residents in the mitment for ‘‘Sweet’’ Alice Harris. expanding our horizons to space and Civil War exemplifies this ethical code. ‘‘Sweet Alice,’’ as she is affectionately beyond. On April 15, 1861, President Lincoln called, is the founder of Parents of It is only fitting that we take time to issued a proclamation calling for 75,000 Watts, a program designed to encour- remember these and other numerous troops to fight to preserve the Union. age children to stay in school and away accomplishments. Our Nation, and in- Within hours of learning of this an- from drugs. deed the world, have benefited from the nouncement, Concord Police Officer Today, Parents of Watts has grown selfless sacrifices African-Americans Edward Sturtevant enlisted in the into numerous organizations that pro- have made in service to our country. Army. Because he was such a natural vide emergency food and shelter for the We must continue to work to ensure leader, he was eventually promoted to homeless, offer health seminars, pro- that all African-Americans are af- major and later gave his life at the vide legal and drug counseling, and op- forded the opportunity to participate Battle of Fredericksburg. Harriet Pa- erate a program for unwed mothers. in, and realize, the American Dream. In tience Dame also greatly contributed Sweet Alice is truly one of the best the words, of Reverend Doctor Martin during this time. At the age of 46, she known and most influential commu- Luther King, Jr.: ‘‘We are not makers offered her services as an Army Nurse. nity leaders of her generation. Her life- of history. We are made by history.’’ From the time of her enlistment until time of service and commitment to dis- Indeed, the history and experiences of well after the war ended, she cared for advantaged youth stems from her early African-Americans have helped shape the injured, the sick and the dying years as a homeless teenage parent at America and will continue to do so for without taking one day’s furlough or age 16. In March of 2002, Lt. Governor generations to come.∑ one day’s sick leave. An exhausting Cruz Bustamante honored Sweet Alice f schedule to be sure but one that fits with the Lt. Governor’s Woman of the the character of Concord. CONCORD, NEW HAMPSHIRE Year award for her tireless efforts for This spirit continues into modern CELEBRATES ITS 150TH BIRTHDAY providing Los Angeles youth with a times and may be best expressed by fighting chance in their community, a ∑ Mr. GREGG. Mr. President, I rise Concord school teacher Christa dedication that has spanned nearly 40 today in honor of Concord, the Capital McAuliffe as she was preparing to be- years. City of New Hampshire. As the United come the first teacher in space: Her This Black History Month, I would States prepares this year to observe message ‘‘I touch the future, I teach’’ like to applaud all African American the 227th anniversary of our independ- perfectly captures the dedication heroes who have overcome great adver- ence, the citizens of Concord will be which characterizes the people of this sity and risen to incredible heights of celebrating the City’s 150th birthday. community. With that, I am proud to success. Many of these heroes have It is therefore timely and appropriate honor and salute them as they cele- come from humble beginnings, making that we recognize this great American brate the 150th birthday of Concord, their successes and contributions to community. New Hampshire, the Capital City of the their communities all the more re- Concord runs eight miles from north Granite State.∑ to south and covers almost 39,000 acres. markable. f However, this geographic description I look forward to the coming year in HONORING DOROTHY GONZALEZ which we will, without a doubt, con- fails to illustrate its unique position in tinue to see African Americans succeed New Hampshire and U.S. history. First ∑ Mr. JOHNSON. Mr. President, I rise and make a difference, both in their settled in the early 1700’s as the Plan- today to honor the late Dorothy Gon- communities and in our country. tation of Penacook, an Indian word de- zalez, of Rapid City, SD. On February scribing the serpentine but beautiful 17, Oglala Lakota College’s East f meanderings of the Merrimack River, Wakpamni District College Center in ADDITIONAL STATEMENTS the town was later renamed Rumford Batesland, SD, was renamed in Doro- in 1734 and then Concord in 1765. In thy Gonzalez’s honor. This is an honor 1853, 150 years ago, the people living she richly deserves. BLACK HISTORY MONTH there incorporated Concord as a city. Dorothy had a distinguished 28 year ∑ Mr. NELSON of Florida. Mr. Presi- In 1788, the leaders of New Hampshire career as an educator and adminis- dent, I rise today to commemorate and approved the new federal constitution trator at Oglala Lakota College. In honor the achievements of African- in the Old North Meeting House in Con- 1975, she became East Wakpamni Dis- Americans as the celebration of Black cord and, thus, New Hampshire became trict College Center’s first director. History Month draws to a close. I know the ninth and ratifying state of the She served as East Wakpamni District

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2697 College’s director until 1990, before be- ment, Rabbi Barenbaum will continue tory of German-Americans in the coming He Sapa College Center’s direc- to do wonders and inspire others for United States. tor. She was named Center Director of many years to come.∑ In 2002, Klaus Wust was recognized the Year in 1985 and 1987. f with the highest civic award author- East Wakpamni District College Cen- ized by the Federal Republic of Ger- ter being renamed in honor of Dorothy TRIBUTE TO THE UNIVERSITY OF many, the Federal Cross of Merit. The Gonzalez is wonderfully appropriate. KENTUCKY BASKETBALL TEAM served as the Founding Director of the Dorothy immensely enriched the life of ∑ Mr. BUNNING. Mr. President, I rise Museum of American Frontier Culture countless young people in South Da- today to honor and pay tribute to our in Staunton, VA, and the Strasburg kota. She was an extraordinary educa- Nations’s winningest college basket- Museum in Strasburg, VA. tor, mentor, and leader. It is an honor ball program of all time, the Univer- From 1957 until 1967, he served as for me to share her accomplishments sity of Kentucky Wildcats. Earlier this Editor of the German language Wash- with my colleagues and to publicly month, on February 6, the UK Basket- ington Journal. Mr. Wust also served commend the talent and commitment ball Program celebrated its 100th anni- for seven years with the Leader Pro- to education she always exhibited versary. gram of the U.S. Department of State throughout her life. She was a woman One century later, Kentucky basket- and served as the personal interpreter of great scholarship and knowledge, ball fans in our great Commonwealth for German governmental delegations and her positive influence will be felt and across the country have celebrated visiting the United States, including for years to come. 7 National Championships, 41 South- the last four Chancellors. Dorothy’s dedication to high quality eastern Conference Championships, 36 I congratulate Mr. Wust on his im- Native American education serves as All-Americans, 5 Hall of Famers, and pressive body of work and his commit- her greatest legacy. Her work con- more than 1,835 victories. UK Basket- ment to preserving the history of our tinues to inspire all those who knew ball has more wins and more NCAA Nation for generations to come.∑ her. Our Nation and South Dakota are Tournament appearances than any f far better places because of Dorothy other university in the Nation. Since DETROIT RANGER DISTRICT Gonzalez’s life, and while we miss her 1927, the UK Basketball team has had very much, the best way to honor her only one losing season. ∑ Mr. SMITH. Mr. President, I rise is to emulate the love and support she To most UK Basketball fans, cheer- today on behalf of the residents of the shared with others.∑ ing for a Wildcat win in Rupp Arena is City of Detroit, OR, to pay tribute and f about much more than just basketball. express by gratitude to the dedicated The UK Basketball tradition is some- staff of the Detroit Ranger District of RABBI MICHAEL BARENBAUM thing all Kentuckians can be proud of. the United States Forest Service lo- ∑ Mrs. BOXER. Mr. President, I rise Over the past six years, Kentucky has cated in Detroit, OR—in particular the today to honor Rabbi Michael led the Nation in average attendance former District Ranger, Stephanie Barenbaum on the occasion of his re- even though some other schools with Phillips. tirement after 27 years as senior rabbi nationally-ranked teams have larger The City of Detroit is a small com- at Congregation Rodef Sholom in San buildings. Many fans wait in lines for munity located on one of Oregon’s Rafael, California. days in order to get the chance to see most popular recreational lakes, nes- Rabbi Barenbaum is a man of great a game in legendary Rupp Arena. tled in the Santiam Canyon. Sur- kindness and integrity who carries the The women and men of Kentucky are rounded on all sides by federally man- Jewish values of caring and compassion proud of the tradition of Kentucky aged lands, Detroit is a community with him in everything he does. With Basketball. I am proud to represent our whose residents rely a great deal on his wisdom and intelligence, he has great Commonwealth and especially the cooperation and effectiveness of changed thousands of lives for the bet- the University of Kentucky as it cele- the Forest Service for any type of eco- ter. brates its basketball program’s 100th nomic success. Under his leadership, Congregation anniversary.∑ Despite a combination of natural and Rodef Sholom has more than tripled in f man-made disasters, the determined size, and its religious school has be- residents of Detroit and the dedicated come one of the largest in Northern RECOGNIZING KLAUS WUST public servants of the Detroit Ranger California. Rabbi Barenbaum has at- ∑ Mr. ALLEN. Mr. President, today I District, led by Ranger Phillips, mixed tracted thousands of worshipers, in- recognize Klaus Wust of Shenandoah steely resolution with true grit to cluding members of other congrega- County, VA, and the contribution he begin a process that will ensure the tions and faiths, through the thought- has made to the preservation of Amer- long-term sustainability of this small fulness of his sermons and the lively, ican history. community. informal spirit of his services. Mr. Wust was born in Bielefeld, West- The level of appreciation for the staff At the same time, Rabbi Barenbaum phalia in Germany in 1925. In 1949, he of Forest Service can be best charac- has fostered a strong tradition of social received a scholarship to spend a year terized by a certificate recently pre- action among his congregation. In the at Bridgewater College in Bridgewater, sented to the Detroit Ranger District 1970s and 80s, he led local efforts to VA. Here he learned a great deal about which read: ‘‘In appreciation and rec- welcome and help settle Jewish the contribution German immigrants ognition of the Detroit Ranger District emigres from the Soviet Union. He es- had made to the Shenandoah Valley of Staff for your contributions as a team tablished a Mitzvah Day program that Virginia. He was so impressed by these of dedicated professionals in service to put nearly a thousand congregants to achievements that he permanently set- the general public, but especially to work on dozens of community-service tled in the Shenandoah Valley and de- the local communities of Detroit and programs throughout Marin County. voted the rest of his life to researching Idanha. We applaud your participation He has been a leader in ecumenical and writing about the contributions with the technical support for Detroit housing, in aiding the homeless, and in German immigrants have made in this Lake area. We thank you for your ad- bringing together clergy of all faiths to region of the Commonwealth. vocacy in all of the Federal Lakes create services for people in need. Mr. Wust’s extensive body of work Recreation local projects.’’ As he heads into a well-deserved re- serves as a primer for anyone focusing Mr. President, I would like to add my tirement, Rabbi Barenbaum has said on the revolutionary period of the 1700s words of appreciation for those in the that he plans to work on establishing a and early 1800s colonial era. He made a Detroit Ranger District for their dedi- Jewish hospice in the San Francisco significant contribution in helping to cation to the public good. The City of Bay Area. After years of moving others restore American/German relations fol- Detroit still faces many challenges. to action, he is eager to serve as a vol- lowing World War II through his re- But I am confident that they will suc- unteer. search and writings. He is the author of ceed. While the public servants of our Mr. President, here is a man—a real eight books, coauthor of seventeen Federal agencies are often faceless and mensch. I am sure that even in retire- books and dozens of articles on the his- nameless to us in Congress, many are

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2698 CONGRESSIONAL RECORD — SENATE February 25, 2003 considered friends and partners in the S. 389. A bill to increase the supply of qual- EC–1202. A communication from the Acting communities they serve.∑ ity child care. Principle Deputy Associate Administrator, Environmental Protection Agency, transmit- f The Committee on the Judiciary was discharged from further consideration ting, pursuant to law, the report of a rule en- MESSAGES FROM THE PRESIDENT titled ‘‘Decanoic Acid; Exemption from the of the following measure which was re- Requirement of a Pesticide Tolerance (FRL Messages from the President of the ferred to the Committee on Rules and 7278–6)’’ received on February 20, 2003; to the United States were communicated to Administration: Committee on Agriculture, Nutrition, and the Senate by Ms. Evans, one of his S. Res. 65. A resolution authorizing ex- Forestry. secretaries. penditures by the Committee on the Judici- EC–1203. A communication from the Direc- ary. tor, Regulations and Forms Services Divi- f sion, Immigration and Serv- f ice, Department of Justice, transmitting, EXECUTIVE MESSAGES REFERRED EXECUTIVE AND OTHER pursuant to law, the report of a rule entitled As in executive session the Presiding COMMUNICATIONS ‘‘Abbreviation of Waiver of Training for State or Local Law Enforcement Officers Au- Officer laid before the Senate messages The following communications were from the President of the United thorized to Enforce Immigration Law During laid before the Senate, together with a Mass Influx of Aliens (RIN 1115–AG84) (INS States submitting sundry nominations accompanying papers, reports, and doc- No. 2241–02)’’ received on February 24, 2003; to and a treaty which were referred to the uments, which were referred as indi- the Committee on the Judiciary. appropriate committees. cated: EC–1204. A communication from the Dep- (The nominations received today are uty General Counsel, Federal Bureau of In- EC–1195. A communication from the Ad- vestigation, Department of Justice, trans- printed at the end of the Senate pro- ministrator, Dairy Programs, Agricultural mitting, pursuant to law, the report of a rule ceedings.) Marketing Service, Department of Agri- entitled ‘‘Screening of Aliens and Other Des- culture, transmitting, pursuant to law, the f ignated Individuals Seeking flight Training report of a rule entitled ‘‘Milk in the Central (RIN 1105–AA80)’’ received on February 20, REPORT REQUIRED BY THE INTER- Marketing Area (DA–01–07)’’ received on Feb- 2003; to the Committee on the Judiciary. NATIONAL EMERGENCY ECO- ruary 12, 2003; to the Committee on Agri- EC–1205. A communication from the Chief NOMIC POWERS ACT ON THE culture, Nutrition, and Forestry. Justice, Supreme Court of the United States, EMERGENCY REGARDING PRO- EC–1196. A communication from the Ad- transmitting, pursuant to law, the report of LIFERATION OF WEAPONS OF ministrator, Dairy Programs, Agricultural the Proceedings of the Judicial Conference of Marketing Service, Department of Agri- MASS DESTRUCTION—PM 17 the United States of September 24, 2002, re- culture, transmitting, pursuant to law, the ceived on February 24, 2003; to the Com- The PRESIDING OFFICER laid be- report of a rule entitled ‘‘Milk in the North- mittee on the Judiciary. fore the Senate the following message east and Other Marketing Areas (DA–00–03)’’ EC–1206. A communication from the Regu- from the President of the United received on February 12, 2003; to the Com- lations Coordinator, Office of Operations States, together with an accompanying mittee on Agriculture, Nutrition, and For- Management, Department of Health and estry. Human Services, transmitting, pursuant to report; which was referred to the Com- EC–1197. A communication from the Ad- mittee on Banking, Housing, and law, the report of a rule entitled ‘‘Health In- ministrator, Fruit and Vegetable Programs, surance Reform: Modifications to Electronic Urban Affairs: Agricultural Marketing Service, Department Data Transactions and Code Sets (CMS–003– To the Congress of the United States: of Agriculture, transmitting, pursuant to FC and CMS–0050FC) ((0938–AK64)(0938– law, the report of a rule entitled ‘‘Oranges, AK96))’’ received on February 14, 2003; to the As required by section 204(c) of the Grapefruit, Tangerines, and Tangelos Grown International Emergency Economic Committee on Health, Education, Labor, and in Florida; Exemption for Shipments of Tree Pensions. Powers Act, 50 U.S.C. 1703(c), and sec- Run Citrus (Doc. No. FV02–905–4 FIR)’’ re- EC–1207. A communication from the Direc- tion 401(c) of the National Emergencies ceived on February 12, 2003; to the Com- tor, Corporate Policy and Research Depart- Act, 50 U.S.C. 1641(c), I transmit here- mittee on Agriculture, Nutrition, and For- ment, Pension Benefit Guaranty Corpora- with a 6-month periodic report pre- estry. tion, transmitting, pursuant to law, the re- pared by my Administration on the na- EC–1198. A communication from the Ad- port of a rule entitled ‘‘Benefits Payable in tional emergency with respect to the ministrator, Fruit and Vegetable Programs, Terminated Single-Employer Plans; Alloca- Agricultural Marketing Service, Department tion of Assets in Single-Employer Plans; In- proliferation of weapons of mass de- of Agriculture, transmitting, pursuant to struction that was declared in Execu- terest Assumptions for Valuing and Paying law, the report of a rule entitled ‘‘Raisins Benefits’’ received on February 14, 2003; to tive Order 12938 of November 14, 1994. Produced from Grapes Grown in California; the Committee on Health, Education, Labor, GEORGE W. BUSH. Modifications to the Raisins Diversion Pro- and Pensions. THE WHITE HOUSE, February 25, 2003. gram (Doc. No. FV03–989–11FR)’’ received on EC–1208. A communication from the Acting February 12, 2003; to the Committee on Agri- f Assistant General Counsel for Regulations, culture, Nutrition, and Forestry. Office of the General Counsel, Office of Spe- MESSAGE FROM THE HOUSE EC–1199. A communication from the Ad- cial Education and Rehabilitative Services, ministrator, Fruit and Vegetable Programs, transmitting, pursuant to law, the report of At 2:46 p.m., a message from the Agricultural Marketing Service, Department a rule entitled ‘‘Experimental and Innova- House of Representatives, delivered by of Agriculture, transmitting, pursuant to tive Training (CFDA No. 84.263A)’’ received Ms. Niland, one of its reading clerks, law, the report of a rule entitled ‘‘Raisins on February 24, 2003; to the Committee on announced that the pursuant to 22 Produced from Grapes Grown in California; Health, Education, Labor, and Pensions. U.S.C. 1928a, and the order of the House Additional Opportunity for Participation in EC–1209. A communication from the Direc- of January 8, 2003, the Speaker ap- 2002 Raisin Diversion Program (Doc. No. tor, Regulations Policy and Management, points the following members of the FV02–989–5FIR)’’ received on February 12, Department of Health and Human Services, 2003; to the Committee on Agriculture, Nu- transmitting, pursuant to law, the report of House of Representatives to the United trition, and Forestry. a rule entitled ‘‘Human Cells, Tissues, and States Group of the North Atlantic As- EC–1200. A communication from the Acting Cellular and Tissue-Based Products Estab- sembly: Mr. BEREUTER of Nebraska, Principle Deputy Associate Administrator, lishment Registration and Listing (Doc. No. Chairman Mr. REGULA of Ohio, Mr. Environmental Protection Agency, transmit- 97N–484R)’’ received on February 24, 2003; to HEFLEY of Colorado, Mr. GILLMOR of ting, pursuant to law, the report of a rule en- the Committee on Health, Education, Labor, Ohio, Mr. GOSS of Florida, Mr. EHLERS titled ‘‘Pesticides; Tolerance Exemption for and Pensions. of Michigan, Mr. MCINNIS of Colorado, Polymers (FRL 7291–7)’’ received on Feb- EC–1210. A communication from the Direc- ruary 20, 2003; to the Committee on Agri- tor, Regulations Policy and Management, Mr. BILIRAKIS of Florida. culture, Nutrition, and Forestry. Department of Health and Human Services, f EC–1201. A communication from the Acting transmitting, pursuant to law, the report of Principle Deputy Associate Administrator, a rule entitled ‘‘Prescription Drug Mar- MEASURES REFERRED Environmental Protection Agency, transmit- keting Act of 1987; Prescription Drug Amend- The Committee on Finance was dis- ting, pursuant to law, the report of a rule en- ments of 1992; Policies, Requirements, and titled ‘‘Pelargonic Acid (Nonanoic Acid); Ex- Administrative Procedures, Delay of Effec- charged from further consideration of emption from the Requirement of a Pesticide tive Date (RIN0905–AC81)(Doc. No. 92N–0297)’’ the following measure which was re- Tolerance (FRL 7278–7)’’ received on Feb- received on February 20, 2003; to the Com- ferred to the Committee on Health, ruary 20, 2003; to the Committee on Agri- mittee on Health, Education, Labor, and Education, Labor, and Pensions: culture, Nutrition, and Forestry. Pensions.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2699 EC–1211. A communication from the Acting EC–1221. A communication from the Chair- mitting, pursuant to law, the report of a rule General Counsel, National Endowment for man of the Council, Council of the District of entitled ‘‘Administratively Uncontrollable the Arts, transmitting, pursuant to law, the Columbia, transmitting, pursuant to law, the Overtime (3206–AJ57)’’ received on February report of a nomination for the position of report on D.C. Act 14–569 ‘‘Disposal of Dis- 24, 2003; to the Committee on Governmental Chairman, received on February 24, 2003; to trict Owned Surplus Real Property Tem- Affairs. the Committee on Health, Education, Labor, porary Amendment Act of 2002’’ received on EC–1234. A communication from the Direc- and Pensions. February 14, 2003; to the Committee on Gov- tor, United States Office of Personnel Man- EC–1212. A communication from the Sec- ernmental Affairs. agement, transmitting, pursuant to law, the retary of Health and Human Services, trans- EC–1222. A communication from the Chair- report of a rule entitled ‘‘Retirement Cov- mitting, pursuant to law, the Fifth Annual man of the Council, Council of the District of erage and Service Credit Elections Available Report for the Temporary Assistance for Columbia, transmitting, pursuant to law, the to Current and Former Nonappropriated Needy Families (TANF) Program, received report on D.C. Act 14–570 ‘‘Exclusive Right Fund Employees’’ received on February 14, on February 12, 2003; to the Committee on Agreement Time Period Temporary Amend- 2003; to the Committee on Governmental Af- Health, Education, Labor, and Pensions. ment Act of 2002’’ received on February 14, fairs. EC–1213. A communication from the Sec- 2003; to the Committee on Governmental Af- EC–1235. A communication from the Dep- retary of the Interior, transmitting, pursu- fairs. uty Associate Administrator, Office of Ac- ant to law, the report of a rule entitled EC–1223. A communication from the Chair- quisition Policy, General Service Adminis- ‘‘Subsistence Management Regulations for man of the Council, Council of the District of tration, transmitting, pursuant to law, the Public Lands in Alaska (Direct Final Rule) Columbia, transmitting, pursuant to law, the report of a rule entitled ‘‘Federal Acquisi- (1018–AI88)’’ received on February 11, 2003; to report on D.C. Act 14–576 ‘‘Draft Master Plan tion Regulation; Federal Acquisition Cir- the Committee on Energy and Natural Re- for Public Reservation 13 Approval Act of cular 2001–12 (FAC 2001–12)’’ received on Feb- sources. 2002’’ received on February 14, 2003; to the ruary 20, 2003; to the Committee on Govern- EC–1214. A communication from the Direc- Committee on Governmental Affairs. mental Affairs. tor, Office of Surface Mining, Department of EC–1224. A communication from the Chair- EC–1236. A communication from the Direc- the Interior, transmitting, pursuant to law, man of the Council, Council of the District of tor , Office of General Counsel and Legal Pol- the report of a rule entitled ‘‘Abandoned Columbia, transmitting, pursuant to law, the icy, Office of Government Ethics, transmit- Mine Land Reclamation Notices (1029–AB99)’’ report on D.C. Act 14–573 ‘‘Investments of In- ting, pursuant to law, the report of a rule en- received on February 24, 2003; to the Com- surers Act of 2002’’ received on February 14, titled ‘‘Post-Employment Conflict of Inter- mittee on Energy and Natural Resources. 2003; to the Committee on Governmental Af- est Restrictions; Revisions of Departmental EC–1215. A communication from the Ad- fairs . Component Designations (3209–AA07)’’ re- ministrator, Energy Information Adminis- EC–1225. A communication from the Chair- ceived on February 24, 2003; to the Com- tration, Department of Energy, transmit- man of the Council, Council of the District of mittee on Governmental Affairs. ting, pursuant to law, the report of the En- Columbia, transmitting, pursuant to law, the EC–1237. A communication from the Direc- ergy Information Administration’s Perform- report on D.C. Act 14–575 ‘‘Surname Choice tor , Office of Personnel Policy, Department ance Profiles of Major Energy Producers 2001 Amendment Act of 2002’’ received on Feb- of the Interior, transmitting, pursuant to being released electronically on the World ruary 14 , 2003; to the Committee on Govern- law, the report of a vacancy in the position Wide Web at http.//www.eia.doc.gov/emeu/ mental Affairs. of Assistant Secretary-Indian Affairs, re- perfpro/, received on February 14, 2003; to the EC–1226. A communication from the Chair- ceived on February 24, 2003; to the Com- Committee on Energy and Natural Re- man of the Council, Council of the District of mittee on Indian Affairs. sources. Columbia, transmitting, pursuant to law, the EC–1238. A communication from the Regu- EC–1216. A communication from the Ad- report on D.C. Act 14–574 ‘‘Housing Produc- lations Coordinator, Department of Health ministrator, Energy Information Adminis- tion Trust Fund Affordability Period Tem- and Human Services, transmitting, pursuant tration, Department of Energy, transmit- porary Amendment Act of 2002’’ received on to law, the report of a rule entitled ‘‘Health ting, pursuant to law, the Energy Informa- February 14 , 2003; to the Committee on Gov- Insurance Reform; Security Standards tion Administration’s (EIA) report entitled ernmental Affairs. (CMS–0049–F) (0938–AI57)’’ received on Feb- ‘‘Emissions of Greenhouse Gases in the EC–1227. A communication from the Chair- ruary 14, 2003; to the Committee on Finance. EC–1239. A communication from the Dep- United States 2001’’; to the Committee on man of the Council, Council of the District of uty General Counsel, Department of Vet- Energy and Natural Resources. Columbia, transmitting, pursuant to law, the erans Affairs, transmitting, pursuant to law, EC–1217. A communication from the Assist- report on D.C. Act 14–568 ‘‘Insurance Compli- the report of a rule entitled ‘‘Recognition of ant Secretary, Land and Minerals Manage- ance Self-Evaluation Privilege Act of 2002’’ Organizations and Accreditation of Rep- ment, Engineering and Operations Division, received on February 14, 2003; to the Com- resentatives, Attorneys, and Agents (2900– Mineral Management Service, Department of mittee on Governmental Affairs. the Interior, transmitting, pursuant to law, EC–1228. A communication from the Chair- AI93)’’ received on February 24, 2003; to the the report of a rule entitled ‘‘Oil and Gas and man of the Council, Council of the District of Committee on Veterans’ Affairs. EC–1240. A communication from the Dep- Sulphur Operations in the Outer Continental Columbia, transmitting, pursuant to law, the uty General Counsel, Veterans Health Ad- Shelf-Oil and Gas Drilling Operations (1010– report on D.C. Act 14–490 ‘‘Carl Wilson Bas- ministration, Department of Veterans Af- AC43)’’ received on February 14, 2003; to the ketball Court Designation Act of 2002’’ re- fairs, transmitting, pursuant to law, the re- Committee on Energy and Natural Re- ceived on February 14, 2003; to the Com- port of a rule entitled ‘‘Fisher Houses and sources. mittee on Governmental Affairs. Other Temporary Lodging (2900–AL13)’’ re- EC–1218. A communication from the Assist- EC–1229. A communication from the Chief ceived on February 24, 2003; to the Com- ant Secretary, Land and Minerals Manage- Financial Officer, Export-Import Bank of the mittee on Veterans’ Affairs. ment, Engineering and Operations Division, United States, transmitting, pursuant to EC–1241. A communication from the Dep- Mineral Management Service, Department of law, the Management Report required by the uty General Counsel, Department of Vet- the Interior, transmitting, pursuant to law, Chief Financial Officers Act of 1990; to the erans Affairs, transmitting, pursuant to law, the report of a rule entitled ‘‘Notice of Final Committee on Governmental Affairs. the report of a rule entitled ‘‘Loan Guar- Rule (NFR) Oil and Gas and Sulphur Oper- EC–1230. A communication from the Assist- anty: Implementation of Public Law 107–103 ations in the Outer Continental Shelf- Docu- ant Secretary for Administration, Depart- (2900–AL23)’’ received on February 24, 2003; to ment Incorporated by Reference—American ment of Transportation, transmitting, pur- the Committee on Veterans’ Affairs. Petroleum Institute’s Specification 2C for suant to law, the report of the inventories of Offshore Cranes (API Spec 2 C) (RIN1010– commercial positions in the Department of f AC82)’’ received on February 14, 2003; to the Transportation; to the Committee on Gov- REPORTS OF COMMITTEES Committee on Energy and Natural Re- ernmental Affairs. sources. EC–1231. A communication from the Dep- The following reports of committees EC–1219. A communication from the Chair- uty Director, Trade and Development Agen- were submitted: man of the Council, Council of the District of cy, transmitting, pursuant to law, the report By Mr. CAMPBELL, without amendment: Columbia, transmitting, pursuant to law, the of the United States Trade and Development S. Res. 64. An original resolution author- report on D.C. Act 14–571 ‘‘Health Organiza- Agency (USTDA) Annual Financial Audit to izing expenditures by the Senate Committee tions RBC Amendment Act of 2002’’ received Congress; to the Committee on Govern- on Indian Affairs. on February 14, 2003; to the Committee on mental Affairs. f Governmental Affairs. EC–1232. A communication from the Sec- EC–1220. A communication from the Chair- retary of Labor, transmitting, pursuant to EXECUTIVE REPORT OF man of the Council, Council of the District of law, the 2002 Annual Report on Performance COMMITTEE Columbia, transmitting, pursuant to law, the and Accountability; to the Committee on The following executive report of report on D.C. Act 14–572 ‘‘Uniform Inter- Governmental Affairs. state Enforcement of Domestic Violence EC–1233. A communication from the Direc- committee was reported on February Protection Orders Act of 2002’’ received on tor, Office of Personnel Management, Work- 20, 2003, during the recess of the Sen- February 14, 2003; to the Committee on Gov- force Compensation and Performance Serv- ate, pursuant to a unanimous consent ernmental Affairs. ice, Office of Personnel Management, trans- agreement of February 13, 2003:

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2700 CONGRESSIONAL RECORD — SENATE February 25, 2003 By Mr. LUGAR, from the Committee on (G) any actions that have been taken or the lowest possible levels consistent with na- Foreign Relations: Treaty Doc. 107–8—The have been proposed by a party to address tional security requirements and alliance ob- Moscow Treaty (Exec. Rept. No. 108–1) concerns listed pursuant to subparagraph (F) ligations of the United States, the Senate TEXT OF COMMITTEE RECOMMENDED or to improve the implementation and effec- urges the President to consult with the Sen- RESOLUTION OF RATIFICATION tiveness of the Treaty. ate prior to taking actions relevant to para- SEC. 3. DECLARATIONS.—The advice and graphs 2 or 3 of Article IV of the Treaty. Resolved, (two thirds of the Senators present consent of the Senate to the ratification of concurring therein), f the Moscow Treaty is subject to the fol- SECTION 1. SENATE ADVICE AND CONSENT lowing declarations, which express the in- EXECUTIVE REPORTS OF SUBJECT TO CONDITIONS AND DECLARATIONS.— tent of the Senate: The Senate advises and consents to the rati- COMMITTEES (1) TREATY INTERPRETATION.—The Senate fication of the Treaty Between the United reaffirms condition (8) of the resolution of The following executive reports of States of America and the Russian Federa- ratification of the Document Agreed Among committees were submitted: tion on Strategic Offensive Reductions (T. the States Parties to the Treaty on Conven- By Mr. WARNER for the Committee on Doc. 107–8, in this resolution referred to as tional Armed Forces in Europe (CFE) of No- Armed Services. the ‘‘Moscow Treaty’’ or ‘‘Treaty’’), subject vember 19, 1990 (adopted at Vienna on May Army nomination of Col. Steven J. to the conditions in section 2 and declara- 31, 1996), approved by the Senate on May 14, Hashem. tions in section 3. 1997, relating to condition (1) of the resolu- SEC. 2. CONDITIONS.—The advice and con- Mr. WARNER. Mr. President, for the tion of ratification of the Intermediate- sent of the Senate to the ratification of the Committee on Armed Services I report Range Nuclear Forces (INF) Treaty, ap- Moscow Treaty is subject to the following favorably the following nomination proved by the Senate on May 27, 1988. conditions, which shall be binding on the (2) FURTHER STRATEGIC ARMS REDUCTIONS.— lists which were printed in the President: The Senate encourages the President to con- RECORDS on the dates indicated, and EPORT ON THE ROLE OF COOPERATIVE (1) R tinue strategic offensive reductions to the ask unanimous consent, to save the ex- THREAT REDUCTION AND NONPROLIFERATION lowest possible levels consistent with na- pense of reprinting on the Executive ASSISTANCE.—Recognizing that implementa- tional security requirements and alliance ob- tion of the Moscow Treaty is the sole respon- Calendar that these nominations lie at ligations of the United States. sibility of each party, not later than 60 days the Secretary’s desk for the informa- (3) BILATERAL IMPLEMENTATION ISSUES.— after the exchange of instruments of ratifica- tion of Senators. The Senate expects the executive branch of The PRESIDING OFFICER. Without tion of the Treaty, and annually thereafter the Government to offer regular briefings, on February 15, the President shall submit to including consultations before meetings of objection, it is so ordered. the Committee on Foreign Relations and the the Bilateral Implementation Commission, Air Force nomination of Richard M. * Nor- Committee on Armed Services of the Senate to the Committee on Foreign Relations and ris. a report and recommendations on how the Committee on Armed Services of the Air Force nomination of Joseph P. United States Cooperative Threat Reduction Senate on any implementation issues related Dibeneditto. assistance to the Russian Federation can to the Moscow Treaty. Such briefings shall Air Force nomination of John C. best contribute to enabling the Russian Fed- include a description of all efforts by the Landreneau. eration to implement the Treaty efficiently United States in bilateral forums and Navy nomination of Waymon J. Jackson. and maintain the security and accurate ac- through diplomatic channels with the Rus- Air Force nomination of Charles N. David- counting of its nuclear weapons and weap- sian Federation to resolve any such issues son. ons-usable components and material in the and shall include a description of— Air Force nomination of Thomas R. current year. The report shall be submitted (A) the issues raised at the Bilateral Imple- Unrath. in both unclassified and, as necessary, classi- mentation Commission, within 30 days after Army nominations beginning Thomas W. fied form. such meetings; Shea and ending Thomas W. Yarborough, (2) ANNUAL IMPLEMENTATION REPORT.—Not (B) any issues related to implementation which nominations were received by the Sen- later than 60 days after exchange of instru- of this Treaty that the United States is pur- ate and appeared in the Congressional ments of ratification of the Treaty, and an- suing in other channels, including the Con- Record on February 11, 2003. nually thereafter on April 15, the President sultative Group for Strategic Security estab- Army nominations beginning Robert J. shall submit to the Committee on Foreign lished pursuant to the Joint Declaration of Kincaid and ending Rodney L. Thomas, Relations and the Committee on Armed May 24, 2002, by the Presidents of the United which nominations were received by the Sen- Services of the Senate a report on implemen- States and the Russian Federation; and ate and appeared in the Congressional tation of the Treaty by the United States (C) any Presidential determination with Record on February 11, 2003. and the Russian Federation. This report respect to issues described in subparagraphs Army nomination of Bradley J. Jorgensen. shall be submitted in both unclassified and, (A) and (B). Army nominations beginning Theresa S. as necessary, classified form and shall in- (4) NONSTRATEGIC NUCLEAR WEAPONS.—Rec- Gonzales and ending Anthony S. Thomas, clude— ognizing the difficulty the United States has which nominations were received by the Sen- (A) a listing of strategic nuclear weapons faced in ascertaining with confidence the ate and appeared in the Congressional force levels of the United States, and a best number of nonstrategic nuclear weapons Record on February 11, 2003. estimate of the strategic nuclear weapons maintained by the Russian Federation and Army nominations beginning Ronald E. force levels of the Russian Federation, as of the security of those weapons, the Senate Ellyson and ending Sheldon Watson, which December 31 of the preceding calendar year; urges the President to engage the Russian nominations were received by the Senate and (B) a detailed description, to the extent Federation with the objectives of— appeared in the Congressional Record on possible, of strategic offensive reductions (A) establishing cooperative measures to February 11, 2003. planned by each party for the current cal- give each party to the Treaty improved con- Army nominations beginning David J endar year; fidence regarding the accurate accounting Cohen and ending Michael J Zapor, which (C) to the extent possible, the plans of each and security of nonstrategic nuclear weapons nominations were received by the Senate and party for achieving by December 31, 2012, the maintained by the other party; and appeared in the Congressional Record on strategic offensive reductions required by (B) providing United States or other inter- February 11, 2003. Article I of the Treaty; national assistance to help the Russian Fed- Army nominations beginning Brad A * (D) measures, including any verification or eration ensure the accurate accounting and Blankenship and ending Eugene K * Webster, transparency measures, that have been security of its nonstrategic nuclear weapons. which nominations were received by the Sen- taken or have been proposed by a party to (5) ACHIEVING REDUCTIONS.—Recognizing ate and appeared in the Congressional assure each party of the other party’s con- the transformed relationship between the Record on February 11, 2003. tinued intent and ability to achieve by De- United States and the Russian Federation Army nominations beginning Sheila R * cember 31, 2012, the strategic offensive reduc- and the significantly decreased threat posed Adams and ending Ammon * Wynn III, which tions required by Article I of the Treaty; to the United States by the Russian Federa- nominations were received by the Senate and (E) information relevant to implementa- tion’s strategic nuclear arsenal, the Senate appeared in the Congressional Record on tion of this Treaty that has been learned as encourages the President to accelerate February 11, 2003. a result of Strategic Arms Reduction Treaty United States strategic force reductions, to Army nominations beginning Mary C * (START) verification measures, and the sta- the extent feasible and consistent with Adamschallenger and ending David A * tus of consideration of extending the START United States national security require- Wright, which nominations were received by verification regime beyond December 2009; ments and alliance obligations, in order that the Senate and appeared in the Congres- (F) any information, insufficiency of infor- the reductions required by Article I of the sional Record on February 11, 2003. mation, or other situation that may call into Treaty may be achieved prior to December Army nominations beginning Tedd S * question the intent or the ability of either 31, 2012. Adair II and ending Rebecca A * Yurek, party to achieve by December 31, 2012, the (6) CONSULTATIONS.—Given the Senate’s which nominations were received by the Sen- strategic offensive reductions required by continuing interest in this Treaty and in ate and appeared in the Congressional Article I of the Treaty; and continuing strategic offensive reductions to Record on February 11, 2003.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2701 Army nominations beginning David W Gar- S. 436. A bill to amend the Foreign Intel- By Mr. CAMPBELL: cia and ending Terry E Raines, which nomi- ligence Surveillance Act of 1978 to improve S. Res. 64. An original resolution author- nations were received by the Senate and ap- the administration and oversight of foreign izing expenditures by the Senate Committee peared in the Congressional Record on Feb- intelligence surveillance, and for other pur- on Indian Affairs; from the Committee on In- ruary 11, 2003. poses; to the Committee on the Judiciary. dian Affairs; to the Committee on Rules and Army nominations beginning Donovan G By Mr. KYL (for himself and Mr. Administration. Green and ending Daniel M Williams, which MCCAIN): By Mr. HATCH (for himself and Mr. nominations were received by the Senate and S. 437. A bill to provide for adjustments to LEAHY): appeared in the Congressional Record on the Central Arizona Project in Arizona, to S. Res. 65. A resolution authorizing ex- February 11, 2003. authorize the Gila River Indian Community penditures by the Committee on the Judici- Marine Corps nomination of Karl G. water rights settlement, to reauthorize and ary; to the Committee on Rules and Admin- Hartenstine. amend the Southern Arizona Water Rights istration. Marine Corps nomination of Leland W. Settlement Act of 1982, and for other pur- By Ms. COLLINS (for herself and Mr. Suttee. poses; to the Committee on Energy and Nat- FEINGOLD): Marine Corps nomination of Carlos D. ural Resources. S. Con. Res. 8. A concurrent resolution des- Sanabria. By Mr. SCHUMER (for himself and ignating the second week in May each year Marine Corps nomination of John W. Mrs. CLINTON): as ‘‘National Visiting Nurse Association Bradway, Jr. S. 438. A bill to withdraw Federal land in Week’’; to the Committee on the Judiciary. Marine Corps nomination of Kathleen A. Finger Lakes National Forest, New York, By Mr. VOINOVICH (for himself and Hoard. from entry, appropriation, disposal, or dis- Mr. DEWINE): Marine Corps nomination of Jeffrey A. position under certain Federal laws; to the S. Con. Res. 9. A concurrent resolution rec- Fultz. Committee on Agriculture, Nutrition, and ognizing and congratulating the State of Marine Corps nomination of Eric R. Forestry. Ohio and its residents on the occasion of the McBee. By Mr. BUNNING: bicentennial of its founding; to the Com- Marine Corps nominations beginning S. 439. A bill to amend the Social Security mittee on the Judiciary. Christopher J. Ambs and ending Douglas E. Act and the Internal Revenue Code of 1986 to f Weddle, which nominations were received by provide additional safeguards for Social Se- the Senate and appeared in the Congres- curity and Supplemental Security Income ADDITIONAL COSPONSORS sional Record on February 11, 2003. beneficiaries with representative payees, to S. 3 Marine Corps nominations beginning Rob- enhance program protections, and for other ert E. Cote and ending Frank L. White, purposes; to the Committee on Finance. At the request of Mr. SANTORUM, the which nominations were received by the Sen- By Mrs. BOXER: name of the Senator from Georgia (Mr. ate and appeared in the Congressional S. 440. A bill to designate a United States MILLER) was added as a cosponsor of S. Record on February 11, 2003. courthouse to be constructed in Fresno, Cali- 3, a bill to prohibit the procedure com- Marine Corps nominations beginning fornia, as the ‘Robert E. Coyle United States monly known as partial-birth abortion. Charles W. Anderson and ending Jerry B. Courthouse’; to the Committee on Environ- S. 50 Schmidt, which nominations were received ment and Public Works. At the request of Mr. JOHNSON, the by the Senate and appeared in the Congres- By Mrs. BOXER: sional Record on February 11, 2003. S. 441. A bill to direct the Administrator of name of the Senator from West Vir- Marine Corps nominations beginning Doug- General Services to convey to Fresno Coun- ginia (Mr. ROCKEFELLER) was added as las M. Finn and ending Ronald P. Heflin, ty, California, the existing Federal court- a cosponsor of S. 50 , a bill to amend which nominations were received by the Sen- houses in that county; to the Committee on title 38, United States Code, to provide ate and appeared in the Congressional Environment and Public Works. for a guaranteed adequate level of Record on February 11, 2003. By Ms. LANDRIEU: S. 442. A bill to provide pay protection for funding for veterans health care, and Marine Corps nominations beginning Cal- for other purposes. vin L. Hynes and ending Charles S. Morrow, members of the Reserve and the National Jr., which nominations were received by the Guard, and for other purposes; to the Com- S. 54 Senate and appeared in the Congressional mittee on Finance. At the request of Mr. SCHUMER, the Record on February 11, 2003. By Mr. CORZINE (for himself and Mr. name of the Senator from New Mexico LAUTENBERG): (Mr. BINGAMAN) was added as a cospon- (Nominations without an asterisk S. 443. A bill to authorize the Secretary of were reported with the recommenda- the Interior to establish a program to inven- sor of S. 54, a bill to amend the Federal tion that they be confirmed.) tory, evaluate, document, and assist efforts Food, Drug, and Cosmetic Act to pro- vide greater access to affordable phar- f to preserve surviving United States Life- Saving Service stations; to the Committee maceuticals. INTRODUCTION OF BILLS AND on Energy and Natural Resources. S. 59 JOINT RESOLUTIONS By Mrs. BOXER (for herself and Mrs. At the request of Mr. INOUYE, the FEINSTEIN): name of the Senator from Maine (Ms. The following bills and joint resolu- S. 444. A bill to authorize the Secretary of tions were introduced, read the first the Army to carry out a project for flood COLLINS) was added as a cosponsor of S. and second times by unanimous con- damage reduction and ecosystem restoration 59, a bill to amend title 10, United sent, and referred as indicated: for the American River, Sacramento, Cali- States Code, to permit former members By Mr. CRAIG: fornia, and for other purposes; to the Com- of the Armed Forces who have a serv- S. 433. A bill to provide for enhanced col- mittee on Environment and Public Works. ice-connected disability rated as total laborative forest stewardship management By Ms. LANDRIEU: to travel on military aircraft in the S. 445. A bill to amend title 10, United within the Clearwater and Nez Perce Na- same manner and to the same extent as tional Forests in Idaho, and for other pur- States Code, to revise the age and service re- quirements for eligibility to receive retired retired members of the Armed Forces poses; to the Committee on Energy and Nat- are entitled to travel on such aircraft. ural Resources. pay for non-regular service; to the Com- mittee on Armed Services. By Mr. CRAIG (for himself and Mr. S. 85 By Mr. BOND: CRAPO): At the request of Mr. LUGAR, the S. 446. A bill to suspend the duty on S. 434. A bill to authorize the Secretary of names of the Senator from Iowa (Mr. triethyleneglycol bis(2-ethyl hexanoate); to Agriculture to sell or exchange all or part of the Committee on Finance. HARKIN) and the Senator from Lou- certain parcels of National Forest System By Ms. LANDRIEU: isiana (Ms. LANDRIEU) were added as land in the State of Idaho and use the pro- S. 447. A bill to amend the Higher Edu- cosponsors of S. 85, a bill to amend the ceeds derived from the sale or exchange for cation Act of 1965 to require institutions of Internal Revenue Code of 1986 to pro- National Forest System purposes; to the higher education to preserve the educational Committee on Energy and Natural Re- vide for a charitable deduction for con- status and financial resources of military tributions of food inventory. sources. personnel called to active duty; to the Com- S. 87 By Mr. CRAIG (for himself and Mr. mittee on Health, Education, Labor, and CRAPO): Pensions. At the request of Mrs. CLINTON, the S. 435. A bill to provide for the conveyance name of the Senator from Massachu- f by the Secretary of Agriculture of the setts (Mr. KERRY) was added as a co- Sandpoint Federal Building and adjacent SUBMISSION OF CONCURRENT AND sponsor of S. 87, a bill to provide for land in Sandpoint, Idaho, and for other pur- SENATE RESOLUTIONS poses; to the Committee on Energy and Nat- homeland security block grants. ural Resources. The following concurrent resolutions S. 104 By Mr. LEAHY (for himself, Mr. and Senate resolutions were read, and At the request of Mr. HOLLINGS, the GRASSLEY, and Mr. SPECTER): referred (or acted upon), as indicated: name of the Senator from Wisconsin

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2702 CONGRESSIONAL RECORD — SENATE February 25, 2003 (Mr. KOHL) was added as a cosponsor of originally issued to finance govern- of S. 369, a bill to amend the Endan- S. 104, a bill to establish a national rail mental facilities used for essential gov- gered Species Act of 1973 to improve passenger transportation system, reau- ernmental functions. the processes for listing, recovery plan- thorize Amtrak, improve security and S. 272 ning, and delisting, and for other pur- service on Amtrak, and for other pur- At the request of Mr. SANTORUM, the poses. poses. name of the Senator from Kansas (Mr. S. 374 S. 140 BROWNBACK) was added as a cosponsor At the request of Mr. BAUCUS, the At the request of Mrs. FEINSTEIN, the of S. 272, a bill to provide incentives for name of the Senator from Pennsyl- name of the Senator from New Jersey charitable contributions by individuals vania (Mr. SANTORUM) was added as a (Mr. LAUTENBERG) was added as a co- and businesses, to improve the public cosponsor of S. 374, a bill to amend the sponsor of S. 140, a bill to amend the disclosure of activities of exempt orga- Internal Revenue Code of 1986 to repeal Higher Education Act of 1965 to extend nizations, and to enhance the ability of the occupational taxes relating to dis- loan forgiveness for certain loans to low income Americans to gain finan- tilled spirits, wine, and beer. Head Start teachers. cial security by building assets, and for S. 392 S. 152 other purposes. At the request of Mr. REID, the At the request of Mr. BIDEN, the S. 318 names of the Senator from Missouri name of the Senator from Idaho (Mr. At the request of Mr. KERRY, the (Mr. BOND) and the Senator from Penn- CRAPO) was added as a cosponsor of S. name of the Senator from Utah (Mr. sylvania (Mr. SPECTER) were added as 152, a bill to assess the extent of the BENNETT) was added as a cosponsor of cosponsors of S. 392, a bill to amend backlog in DNA analysis of rape kit S. 318, a bill to provide emergency as- title 10, United States Code, to permit samples, and to improve investigation sistance to nonfarm-related small busi- retired members of the Armed Forces and prosecution of sexual assault cases ness concerns that have suffered sub- who have a service-connected dis- with DNA evidence. stantial economic harm from drought. ability to receive both military retired pay by reason of their years of military S. 168 S. 330 service and disability compensation At the request of Mrs. FEINSTEIN, the At the request of Mr. CAMPBELL, the from the Department of Veterans Af- name of the Senator from Illinois (Mr. name of the Senator from Minnesota fairs for their disability. DURBIN) was added as a cosponsor of S. (Mr. COLEMAN) was added as a cospon- 168, a bill to require the Secretary of sor of S. 330, a bill to further the pro- S. 403 the Treasury to mint coins in com- tection and recognition of veterans’ At the request of Mr. BAUCUS, the memoration of the San Francisco Old memorials, and for other purposes. name of the Senator from New Mexico (Mr. BINGAMAN) was added as a cospon- Mint. S. 346 sor of S. 403, a bill to lift the trade em- S. 244 At the request of Mr. LEVIN, the bargo on Cuba, and for other purposes. At the request of Mr. ALLEN, the name of the Senator from Montana S. 426 name of the Senator from Idaho (Mr. (Mr. BURNS) was added as a cosponsor At the request of Mr. JOHNSON, his CRAIG) was added as a cosponsor of S. of S. 346, a bill to amend the Office of name was added as a cosponsor of S. 244, a bill to require the Secretary of Federal Procurement Policy Act to es- 426, a bill to direct the Secretary of the the Treasury to redesign $1 Federal Re- tablish a governmentwide policy re- Interior to convey certain parcels of serve notes so as to incorporate the quiring competition in certain execu- land acquired for the Blunt Reservoir preamble to the Constitution of the tive agency procurements. and Pierre Canal features of the initial United States, a list describing the Ar- S. 360 stage of the Oahe Unit, James Division, ticles of the Constitution, and a list de- At the request of Mrs. LINCOLN, the South Dakota, to the Commission of scribing the Amendments to the Con- name of the Senator from North Da- Schools and Public Lands and the De- stitution, on the reverse of such notes. kota (Mr. DORGAN) was added as a co- partment of Game, Fish, and Parks of S. 245 sponsor of S. 360, a bill to amend the the State of South Dakota for the pur- At the request of Mr. BROWNBACK, the Internal Revenue Code of 1986 to treat pose of mitigating lost wildlife habitat, name of the Senator from Missouri natural gas distribution lines as 10- on the condition that the current pref- (Mr. TALENT) was added as a cosponsor year property for depreciation pur- erential leaseholders shall have an op- of S. 245, a bill to amend the Public poses. tion to purchase the parcels from the Health Service Act to prohibit human S. 361 Commission, and for other purposes. cloning. At the request of Mrs. LINCOLN, the S. CON. RES. 7 S. 257 name of the Senator from Indiana (Mr. At the request of Mr. CAMPBELL, the At the request of Mr. NELSON of Flor- BAYH) was added as a cosponsor of S. name of the Senator from New York ida, the names of the Senator from Or- 361, a bill to amend the Internal Rev- (Mr. SCHUMER) was added as a cospon- egon (Mr. SMITH) and the Senator from enue Code of 1986 to allow for an energy sor of S. Con. Res. 7, a concurrent reso- New Hampshire (Mr. GREGG) were efficient appliance credit. lution expressing the sense of Congress added as cosponsors of S. 257, a bill to S. 363 that the sharp escalation of anti-Se- amend title 38, United States Code, to At the request of Ms. MIKULSKI, the mitic violence within many partici- clarify the applicability of the prohibi- names of the Senator from Iowa (Mr. pating States of the Organization for tion on assignment of veterans benefits HARKIN) and the Senator from Hawaii Security and Cooperation in Europe to agreements regarding future receipt (Mr. AKAKA) were added as cosponsors (OSCE) is of profound concern and ef- of compensation, pension, or depend- of S. 363, a bill to amend title II of the forts should be undertaken to prevent ency and indemnity compensation, and Social Security Act to provide that the future occurrences. for there purposes. reductions in social security benefits S. RES. 46 S. 271 which are required in the case of At the request of Mr. BINGAMAN, the At the request of Mr. SMITH, the spouses and surviving spouses who are names of the Senator from Indiana names of the Senator from Utah (Mr. also receiving certain Government pen- (Mr. BAYH), the Senator from Lou- HATCH), the Senator from Minnesota sions shall be equal to the amount by isiana (Mr. BREAUX), the Senator from (Mr. DAYTON), the Senator from Cali- which two-thirds of the total amount Colorado (Mr. CAMPBELL), the Senator fornia (Mrs. FEINSTEIN), the Senator of the combined monthly benefit (be- from Idaho (Mr. CRAPO), the Senator from South Carolina (Mr. GRAHAM), the fore reduction) and monthly pension from Illinois (Mr. DURBIN), the Senator Senator from Florida (Mr. GRAHAM) exceeds $1,200, adjusted for inflation. from Massachusetts (Mr. KERRY), and and the Senator from South Dakota S. 369 the Senator from Michigan (Mr. LEVIN) (Mr. DASCHLE) were added as cospon- At the request of Mr. THOMAS, the were added as cosponsors of S. Res. 46, sors of S. 271, a bill to amend the Inter- names of the Senator from Idaho (Mr. a resolution designating March 31, 2003, nal Revenue Code of 1986 to allow an CRAIG) and the Senator from Nebraska as ‘‘National Civilian Conservation additional advance refunding of bonds (Mr. HAGEL) were added as cosponsors Corps Day’’.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2703 S. RES. 52 culture of the Sandpoint Federal Build- today by myself, Senator SPECTER, and At the request of Mr. CAMPBELL, the ing and adjacent land in Sandpoint, Senator GRASSLEY entitled ‘‘FBI Over- name of the Senator from Idaho (Mr. Idaho, and for other purposes; to the sight in the 107th Congress by the Sen- CRAPO) was added as a cosponsor of S. Committee on Energy and Natural Re- ate Judiciary Committee: FISA Imple- Res. 52, a resolution recognizing the so- sources. mentation Failures,’’ ‘‘FIF Report’’. cial problem of child abuse and neglect, Mr. CRAIG. Mr. President, I rise The report summarizes our joint con- and supporting efforts to enhance pub- today to introduce the, ‘‘Sandpoint clusions based upon our bipartisan lic awareness of the problem. Land and Facilities Act of 2003’’. This oversight of the FBI and DOJ’s per- S. RES. 62 bill is a unique opportunity to meet formance in using the Foreign Intel- At the request of Mr. ENSIGN, the the facility needs of the Forest Service ligence Surveillance Act, ‘‘FISA’’, an name of the Senator from New Jersey in Sandpoint, ID and to provide facili- important tool in conducting domestic (Mr. CORZINE) was added as a cosponsor ties for the local county government. surveillance. The report distills our of S. Res. 62, a resolution calling upon This bill will transfer ownership of the mutual findings and conclusions from the Organization of American States local General Service Administration numerous bipartisan hearings, classi- (OAS) Inter-American Commission on building currently housing the Forest fied briefings and other oversight ac- Human Rights, the United Nations Service to that agency. The bill also tivities. It concludes that the FBI con- High Commissioner for Human Rights, provides authority for the Forest Serv- tinues to be in need of serious reform. the European Union, and human rights ice to work with Bonner County, ID to The report also sets forth our bipar- activists throughout the world to take exchange the existing building to Bon- tisan disappointment with the DOJ and certain actions in regard to the human ner County in exchange for a new and FBI’s non-responsiveness to our over- rights situation in Cuba. more functional building to the Forest sight efforts and the resulting neces- f Service. This transfer of ownership will sity for better oversight tools, such as not only provide the opportunity for the bill we introduce today. STATEMENTS ON INTRODUCED Our committee worked with the FBI BILLS AND JOINT RESOLUTIONS the local Forest Service office to ob- tain a facility that best meets their and the Justice Department to achieve By Mr. CRAIG (for himself and needs but also will meet the facility initial reforms both through adminis- Mr. CRAPO): needs of Bonner County. trative steps and also through legisla- S. 434. A bill to authorize the Sec- The transfer of this facility will tion. Most notably, last fall we enacted retary of agriculture to sell or ex- allow the Forest Service to improve a new Department of Justice charter change all or part of certain parcels of service to the public, improve public that included some provisions of the National Forest System land in the and employee safety, make the Idaho FBI Reform Act. We need to enact the State of Idaho and use the proceeds de- Panhandle National Forest more finan- rest of that bipartisan bill. rived from the sale or exchange for Na- cially competitive, and allow increased Taken together, this bill and report tional Forest System purposes; to the represent a bipartisan statement about spending on resource programs that Committee on Energy and Natural Re- the importance of oversight and, where contribute to healthier ecosystems. In sources. possible, sunshine on the government’s turn, Bonner County will benefit by Mr. CRAIG. Mr. President, I rise domestic surveillance efforts. Only by providing to them a building that con- today to introduce the Idaho Pan- fulfilling our constitutional responsi- solidates county offices so that better handle National Forest Improvement bility to conduct such oversight, can services can be provided to the local Act of 2003. This bill is an opportunity we in Congress help to protect both the public, including ADA compliant ac- to provide lands for local benefits and security and the liberty of the Amer- cess to the county courtrooms. to meet the facility needs of the Forest ican people. Service in the Silver Valley of Idaho. Additionally, the GSA will dispose of In times of national stress there is an This bill will offer for sale or exchange a building that is only partially occu- understandable impulse for the govern- administrative parcels of land in the pied and is remotely located from other ment to ask for more power. Some- Idaho Panhandle National Forest that GSA facilities. times more power is needed, but many the Forest Service has identified as no This is a win-win situation for the times it is not. After the September 11 longer in the interest of public owner- Forest Service, Bonner County, GSA, attacks, we worked together in a bipar- ship and that disposing of them will and the taxpayers and an outstanding tisan fashion and with unprecedented serve the public better. The proceeds example of the Federal Government at speed to craft and enact the USA PA- from these sales will be used to im- the local level working with the county TRIOT Act which enhanced the govern- prove or replace the Forest Service’s government to create common sense ment’s powers. Ranger Station in Idaho’s Silver Val- solutions that result in more efficient Now, as word continues to circulate ley. operations and better service to the about a possible sequel to the USA PA- The Forest Service administrative public. TRIOT Act that the Department of parcels identified for disposal include Justice is considering in secret and the land permitted by the Granite/ By Mr. LEAHY (for himself, Mr. that supposedly would give government Reeder Sewer District on Priest Lake, GRASSLEY, and Mr. SPECTER): even more power, it is constructive for S. 436. A bill to amend the Foreign Shoshone Camp in Shoshone County, us to first examine and understand how Intelligence Surveillance Act of 1978 to and the North-South Ski Bowl, south Federal agencies are using the power improve the administration and over- of St. Maries. they already have. We must answer The bill also directs the Forest Serv- sight of foreign intelligence surveil- two questions. ice to improve or construct a new rang- lance, and for other purposes; to the First, is that power being used effec- er station in the Silver Valley. The Committee on the Judiciary. tively, so that our citizens not only current ranger station is in dire need of Mr. LEAHY. Mr. President, I rise feel safer, but are in fact safer? repair or replacement, and this will en- today, joined by my good friends, Sen- Second, is that power being used ap- sure my commitment to a continued ators GRASSLEY and SPECTER, to intro- propriately, so that our liberties are and increased presence of the Forest duce the Domestic Surveillance Over- not sacrificed? Service in the Silver Valley. sight Act of 2003. This bill does not In short, before we can craft and This is a win-win situation for the change or diminish any power available enact new laws, we must first make taxpayers, the Forest Service, the resi- to the government in the pursuit of sure that the Department of Justice dents of the Silver Valley, and the per- homeland security, but it does create and FBI are properly using the laws mittees on the parcels of land to be dis- important mechanisms to allow the that are already on the books. That is posed of. Congress and the public to assess how the purpose of enhanced Congressional effectively and appropriately the gov- oversight. By Mr. CRAIG (for himself and ernment is using its domestic surveil- Domestic Surveillance Oversight Mr. CRAPO): lance powers. Act: S. 435. A bill to provide for the con- I also rise to speak about an impor- Today, with the Senior Senator from veyance by the Secretary of Agri- tant bipartisan report being released Iowa and the Senior Senator from

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2704 CONGRESSIONAL RECORD — SENATE February 25, 2003 Pennsylvania, I am introducing the bi- letters are functionally equivalent to comparable to the reports prepared by the partisan Domestic Surveillance Over- an administrative subpoena and re- Administrative Office of the United States sight Act of 2003. This bill provides quire no court approval. We have heard Courts, pursuant to 18 U.S.C. sec. 2519, re- basic information to Congress and the from members of the library commu- garding the use of Federal wiretap authority. American people about the FBI’s use of nity that the FBI may be returning to [From the Washington Post, Feb. 12, 2003] FISA to conduct surveillance on Amer- a discredited practice from the Hoover PATRIOT ACT: THE SEQUEL icans. Such domestic surveillance is days of monitoring public and college The Justice Department’s draft of a second certainly appropriate in some cases, libraries to ascertain what books peo- round of law enforcement and domestic secu- and the bill does not intrude in any ple are reading. In fact, a media report rity authorities—a kind of sequel to the USA way upon law enforcement or diminish from Vermont, which I ask consent to Patriot Act of 2001—offers an unintended its ability to conduct FISA surveil- place in the RECORD, indicates that glimpse of additional powers that the Bush lance when necessary and appropriate. bookstore owners there are scared to administration if coveting. The draft, la- Nor does it require the Department of keep records for just this reason. beled ‘‘CONFIDENTIAL—NOT FOR DIS- Justice to publicly release any sen- Again, this provision would not in any TRIBUTION’’ and dated Jan. 9, was obtained sitive or classified information. Rath- last week by the Center for Public Integrity, way limit the use of National Security Washington-based nonprofit. Department of- er, it seeks reporting only on the ag- Letters, but would merely require an ficials quickly stressed that it is not a final gregate number of FISA wiretaps and annual report of such activities to Con- version. But the document’s proposals may other surveillance measures directed gress, so that we can ascertain whether become the next battlefield in the struggle specifically against Americans each or not these administrative subpoenas to preserve American liberties while ena- year. In this way, the public and Con- are being used for improper purposes. bling the domestic war on terrorism. The gress can assess over time whether the This section would also ensure that re- proposals range from constructive to dan- government has turned more of its ports on the use of such letters are pro- gerous. powerful surveillance techniques on its A government DNA database for terrorists vided to all appropriate oversight com- and suspected terrorists could be useful, own citizens, as opposed to non-U.S. mittees. though it would need refinement to protect persons. If necessary, we can ask it to This enhanced reporting is exactly suspects who are proved innocent. Another explain its actions. what was called for by the American useful proposal would allow the special ap- The amendment also clarifies that Bar Association in a resolution adopted peals court that reviews government surveil- the Foreign Intelligence Surveillance on February 10, and echoed in a Wash- lance requests in national security cases to Court, FISC, and FISA Court of Review ington Post editorial on February 12, appoint lawyers to argue against the govern- have the authority to adopt rules and 2003. As the Post editorialized, the De- ment. Under current law, it hears only from procedures, and it requires that those partment of Justice ‘‘needs to disclose one side. The draft would create a federal rules be shared with the Intelligence crime for terrorist hoaxes, which now must how it is using the [powers] it already be prosecuted under provisions designed for and Judiciary Committees of the Sen- has. Yet the Justice Department has other purposes. ate and House of Representatives as balked at reasonable oversight and But the draft contains many troubling pro- well as the Supreme Court. In the last public information requests . . . Con- visions. It would further expand intelligence year, and only after requests from Sen- gress should insist on a full under- surveillance powers into the traditional ators GRASSLEY, SPECTER and myself, standing of what the [D]epartment is realm of law enforcement. Like a Senate bill the FISC shared its rules with Congress doing.’’ I ask unanimous consent to soon to be taken up by the Judiciary Com- for the first time. One of those rules mittee, it would allow foreigners suspected print a copy both of the ABA resolu- of terrorism to be watched as intelligence and one which was eventually rejected tion as well as the Washington Post targets—rather than subjects of law enforce- by the FISA Review Court embodied a editorial in the RECORD. ment—even if they could not be linked to controversial legal interpretation of a There being no objection, the mate- any foreign group or state. But it would go provision we crafted in the USA PA- rial was ordered to be printed in the further. It would allow intelligence surveil- TRIOT Act. The Congress ought to RECORD, as follows: lance in certain circumstances even when have been immediately informed of Adopted February 10, 2003: the government could not produce any evi- that court rule either by the FISC or Section of Individual Rights and Respon- dence of a crime. It also would allow certain the DOJ, but it was not. It is entirely sibilities (lead sponsor); Section of Litiga- snooping with no court authorization, not tion; Section of Criminal Justice, Section of only—as now—when Congress declared war appropriate that a court be enabled to but when it authorized force or when the promulgate its own rules. It is entirely Administrative Law and Regulatory Prac- tice; Section of International Law and Prac- country was attacked. The result of such inappropriate that those rules be kept tice; Section of Science and Technology changes would be to magnify the govern- secret from Congress. Law; Young Lawyers Division. ment’s discretion to pick the legal regime Consistent with national security, Resolved, That the American Bar Associa- under which it investigates and prosecutes the bill directs the Attorney General to tion urges the Congress to conduct regular national security cases and to give it more include in an annual public report the and timely oversight, including public hear- power unilaterally to exempt people from portions of applications to and opin- ings (except when Congress determines that the protections of the justice system and ions of the FISC and FISA Court of Re- the requirements of national security make place them in a kind of alternative legal open proceedings inappropriate), to ensure world. Congress should be pushing in the op- view that contain significant legal in- posite direction. terpretations of FISA or the Constitu- that government investigations undertaken pursuant to the Foreign Intelligence Surveil- Before the department asks Congress for tion. These disclosures will not include lance Act, 50 U.S.C. 1801 et seq. (‘‘FISA’’ or more powers, it needs to disclose how it is the facts of any particular case, which ‘‘the Act’’) do not violate the First, Fourth, using the ones it already has. Yet the Justice this provision requires to be redacted and Fifth Amendments to the Constitution Department has balked at reasonable over- in order to preserve national security. and adhere to the Act’s purposes of accom- sight and public information requests. In This type of disclosure, however, will modating and advancing both the govern- fact, the draft legislation would allow the de- prevent secret case law from devel- ment’s interest in pursuing legitimate intel- partment to withhold information con- ligence activity and the individual’s interest cerning the identity of Sept. 11 detainees—a oping which interprets both FISA and matter now before the courts. At the very the Constitution in ways unknown to in being free from improper government in- trusion. least, Congress should insist on a full under- the Congress and the public. Further resolved, That the American Bar standing of what the department is doing be- The first annual report required Association urges the Congress to consider fore granting the executive branch still more under this provision is also to include amendments to the Act to authority. the same type of legal information for (1) Clarify that the procedures adopted by This bill does not in any way dimin- the four years before the year of the the Attorney General to protect United ish the government’s powers, but it first report. States persons, as required by the Act, does allow Congress and the public to Finally, the bill would require a re- should ensure that FISA is used when the monitor their use. We cannot fight ter- port to appropriate committees of Con- government has a significant (i.e. not insub- rorism effectively or safely with the stantial) foreign intelligence purpose, as gress on the use of National Security contemplated by the Act, and not to cir- lights turned out and with little or no Letters to request information from cumvent the Fourth Amendment; and accountability. It is time to harness public libraries or libraries affiliated (2) Make available to the public an annual the power of the sun to enable us to with high schools or universities. Such statistical report on FISA investigations, better win this fight.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2705 FIF Report: The wisdom of this bill is Sunlight is the best solvent for the tained under such sections or any informa- also supported by our bipartisan re- sticky and ineffective machinery of tion derived therefrom may be used in a port, which Senators SPECTER, GRASS- government, and it is the best dis- criminal proceeding; ‘‘(3) the number of times that a statement LEY, and I also release today, based on infectant to discourage the abuse of a year of bipartisan effort. was completed pursuant to section 106(b), power. Our comprehensive FBI over- 305(c), or 405(b) to accompany a disclosure of Today’s FBI oversight report focuses sight has revealed that there is much information acquired under this Act for law on the use of the immense powers work to be done. enforcement purposes; and granted under FISA. We expanded the Effective oversight of the powers ‘‘(4) in a manner consistent with the pro- government’s FISA powers after Sep- given to the government for homeland tection of the national security of the United tember 11 in the USA PATRIOT Act, a security means fewer blank checks, States— law that all three of us had a hand in and more checks and balances. ‘‘(A) the portions of the documents and ap- crafting. I ask unanimous consent, that the plications filed with the courts established Unfortunately our hearings, briefings under section 103 that include significant text of the bill I am introducing, a sec- construction or interpretation of the provi- and other oversight revealed that the tional analysis, and a letter of support FBI is ill-equipped to implement FISA. sions of this Act or any provision of the be printed in the RECORD. Nor are its problems amenable to legal United States Constitution, not including There being no objection, the addi- the facts of any particular matter, which ‘‘quick fixes.’’ In fact, many of these tional materials were ordered to be may be redacted; problems are not unique to the FISA printed in the RECORD, as follows: ‘‘(B) the portions of the opinions and or- context, but echo broader and more S. 436 ders of the courts established under section systemic problems that have plagued 103 that include significant construction or the FBI for years. Be it enacted by the Senate and House of Rep- interpretation of the provisions of this Act Here are a few of the report’s basic resentatives of the United States of America in or any provision of the United States Con- conclusions: Poor training: Key FBI Congress assembled, stitution, not including the facts of any par- agents and officials were inadequately SECTION 1. SHORT TITLE. ticular matter, which may be redacted; and This Act may be cited as the ‘‘Domestic ‘‘(C) in the first report submitted under trained in important aspects of not Surveillance Oversight Act of 2003’’. only FISA, but also in fundamental as- this section, the matters specified in sub- SEC. 2. IMPROVEMENTS TO FOREIGN INTEL- pects of criminal law. Excessive secrecy: paragraphs (A) and (B) for all documents and LIGENCE SURVEILLANCE ACT OF applications filed with the courts established Secrecy regarding the most basic legal 1978. under section 103, and all otherwise unpub- and procedural aspects of the FISA (a) RULES AND PROCEDURES FOR FISA lished opinions and orders of that court, for have hurt, not helped, implementation COURTS.—Section 103 of the Foreign Intel- the 4 years before the preceding calendar of FISA. Headquarters Bureaucracy: FBI ligence Surveillance Act of 1978 (50 U.S.C. year in addition to that year.’’. headquarters often not only fails to 1803) is amended by adding at the end the fol- (2) The table of contents for that Act is support the work of many of its best lowing new subsection: amended by striking the items for title VI ‘‘(e)(1) The courts established pursuant to and inserting the following new items: street agents, but it actually some- subsections (a) and (b) may establish such times hinders them in doing their im- rules and procedures, and take such actions, ‘‘TITLE VI—PUBLIC REPORTING portant jobs. Culture of Quashing Criti- as are reasonably necessary to administer REQUIREMENT cism: The FBI has a deep rooted culture their responsibilities under this Act. ‘‘Sec. 601. Public report of the Attorney of punishing those who point out prob- ‘‘(2) The rules and procedures established General. lems. Just yesterday, in fact, a DOJ In- under paragraph (1), and any modifications ‘‘TITLE VII—EFFECTIVE DATE of such rules and procedures, shall be re- spector General’s Report was released ‘‘Sec. 701. Effective date.’’. substantiating claims of retaliation corded, and shall be transmitted to the fol- lowing: SEC. 3. ADDITIONAL IMPROVEMENTS OF CON- against FBI United Chief John Roberts ‘‘(A) All of the judges on the court estab- GRESSIONAL OVERSIGHT OF SUR- for his approved appearance on 60 Min- lished pursuant to subsection (a). VEILLANCE ACTIVITIES. utes. More troubling, these allegations ‘‘(B) All of the judges on the court of re- (a) TITLE 18, UNITED STATES CODE.—Sec- involved senior officials at the FBI, in- view established pursuant to subsection (b). tion 2709(e) of title 18, United States Code, is cluding the head of the division official ‘‘(C) The Chief Justice of the United amended by adding at the end the following charged with investigating claims of States. new sentence: ‘‘The information shall in- ‘‘(D) The Committee on the Judiciary of clude a separate statement of all such re- misconduct in the FBI. This culture quests made of institutions operating as pub- has materially hurt the FBI’s intel- the Senate. ‘‘(E) The Select Committee on Intelligence lic libraries or serving as libraries of sec- ligence operations. ondary schools or institutions of higher edu- Unfortunately, as our report de- of the Senate. ‘‘(F) The Committee on the Judiciary of cation.’’. scribes in detail, we have run into the House of Representatives. (b) RIGHT TO FINANCIAL PRIVACY ACT OF many roadblocks in conducting FBI ‘‘(G) The Permanent Select Committee on 1978.—Section 1114(a)(5)(C) of the Right to Fi- oversight. Some obstacles were due to Intelligence of the House of Representa- nancial Privacy Act of 1978 (12 U.S.C. a lack of cooperation by the Depart- tives.’’. 3414(a)(5)(C)) is amended to read as follows: ‘‘(C)(i) On a semiannual basis the Attorney ment of Justice and FBI. The FIF Re- (b) REPORTING REQUIREMENTS.—(1) The port outlines many prime examples Foreign Intelligence Surveillance Act of 1978 General shall fully inform the congressional (50 U.S.C. 1801 et seq.) is further amended— intelligence committees, the Committee on supporting the necessity of the in- the Judiciary of the House of Representa- creased reporting called for in the bill (A) by redesignating title VI as title VII, and section 601 as section 701, respectively; tives, and the Committee on the Judiciary of that I introduce with Senators GRASS- and the Senate concerning all requests made pur- LEY and SPECTER today. For instance, (B) by inserting after title V the following suant to this paragraph. the FIF Report describes how the FISC new title: ‘‘(ii) In the case of the semiannual reports required to be submitted under clause (i) to issued an unclassified opinion last May ‘‘TITLE VI—PUBLIC REPORTING the congressional intelligence committees, strongly criticizing the DOJ and FBI REQUIREMENT the submittal dates for such reports shall be and containing important legal inter- ‘‘PUBLIC REPORT OF THE ATTORNEY GENERAL pretations of FISA and the USA PA- as provided in section 507 of the National Se- ‘‘SEC. 601. In addition to the reports re- curity Act of 1947. TRIOT Act amendments to it. Even quired by sections 107, 108, 306, 406, and 502, ‘‘(iii) In this subparagraph, the term ‘con- after repeated requests by myself, Sen- in April of each year, the Attorney General gressional intelligence committees’ has the ator SPECTER and Senator GRASSLEY shall issue a public report setting forth with meaning given that term in section 3 of the for a copy of this unclassified legal respect to the preceding calendar year— National Security Act of 1947 (50 U.S.C. opinion, the DOJ refused to provide us ‘‘(1) the aggregate number of United States 401a).’’. one. Eventually, the FISC, not DOJ, persons targeted for orders issued under this (c) FAIR CREDIT REPORTING ACT.—Section provided us with a copy of this unclas- Act, including those targeted for— 625(h)(1) of the Fair Credit Reporting Act (15 sified document and, again only at our ‘‘(A) electronic surveillance under section U.S.C. 1681u(h)(1)), as amended by section 105; 811(b)(8)(B) of the Intelligence Authorization request, copies of the FISA Court of ‘‘(B) physical searches under section 304; Act for Fiscal Year 2003 (Public Law 107–306), Review’s argument and opinion were ‘‘(C) pen registers under section 402; and is further amended— made public. I hope that this resistance ‘‘(D) access to records under section 501; (1) by striking ‘‘and the Committee on towards legitimate oversight will not ‘‘(2) the number of times that the Attorney Banking, Finance and Urban Affairs of the be shown in the future. General has authorized that information ob- House of Representatives’’ and inserting ‘‘,

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2706 CONGRESSIONAL RECORD — SENATE February 25, 2003

the Committee on Financial Services, and FEBRUARY 25, 2003. Records of online purchases stay in the sys- the Committee on the Judiciary of the House Hon. PATRICK J. LEAHY, tem for a year. Authorities could demand of Representatives’’; and Senate Judiciary Committee, Russell Senate those records under a provision of the USA (2) by striking ‘‘and the Committee on Building, Washington, DC. Patriot Act passed in the wake of Sept. 11 to Banking, Housing, and Urban Affairs of the Hon. CHARLES E. GRASSLEY, aid in tracking down possible terrorists. Senate’’ and inserting ‘‘, the Committee on Senate Judiciary Committee, Hart Senate Build- ‘‘I guess I’m going to need to do something Banking, Housing, and Urban Affairs, and ing, Washington, DC. about that,’’ Kettler said of the online the Committee on the Judiciary of the Sen- Hon. ARLEN SPECTER, records. She doesn’t want that information ate’’. Senate Judiciary Committee, Hart Senate Build- to go to the federal government. ‘‘It just ing, Washington, DC. seems like a violation of privacy.’’ SECTIONAL ANALYSIS OF THE DOMESTIC DEAR SENATORS LEAHY, GRASSLEY AND Efforts to prevent police from obtaining SURVEILLANCE OVERSIGHT ACT OF 2003 SPECTER: Wewrite in support of the Domestic blueprints of their customers’ reading habits are on other bookstore owners’ minds. Mi- Sec. 1. Short title. The short title of the Surveillance Oversight Act of 2003. The For- eign Intelligence Surveillance Act (FISA) chael Katzenberg, co-owner of Bear Pond bill is the ‘‘Domestic Surveillance Oversight authorizes secret wiretaps and secret Books in Montpelier, has purged lists of the Act of 2003.’’ searches of the homes and offices of Ameri- books its customers buy. Sec. 2. Additional Improvements to For- cans and other forms of data gathering for Other local bookstores cheer Katzenberg’s decision. They cite customer privacy and the eign Intelligence Surveillance Act of 1978 national security reasons. While the initial First Amendment protecting citizens’ rights (FISA). This section amends FISA to clarify enactment of FISA was an appropriate ac- commodation of national security interests to free speech. The government is over-step- the authority of the Intelligence Surveil- ping its bounds, and bookstore owners will and individual rights to privacy and due lance Court (FISC) and FISA Court of Re- go to lengths to protect the very law that al- process, since its initial enactment FISA has view to establish such rules and procedures lows authors to publish without censor. been expanded in ways that pose an in- ‘‘I support what he did, and I’m right there as are reasonably necessary for their oper- creased threat to individual rights. More- ation. with him,’’ said Mike DeSanto, co-owner of over, FISA surveillance authorities are now the Book Rack and Children’s Pages in In addition, the bill requires the FISC and being used more and more; indeed, it appears Winooski, who declined to disclose whether FISA Court of Review to transmit such rules that the federal government carries out he has a list of his customers’ reading pref- and procedures to the judges on the FISC more electronic surveillance under the au- erences. If he did have a list, he says, he and Court of Review, the Chief Justice of the thority of FISA than under criminal rules. would be considering getting rid of it. Given the absolute secrecy of FISA U.S., and the Judiciary and Intelligence ‘‘This is wrong what they’re doing,’’ searches and seizures, mechanisms for public Committees of the Senate and House. Pre- DeSanto said of the USA Patriot Act. accountability are crucial to protect rights Customers at Flying Pig Books in Char- viously, these rules have not been provided of privacy—as well as to insure effective and lotte participate in a readers’ club—after to Congress as a matter of course. efficient use of this extraordinary authority. buying $100 of books patrons receive $10 off This section also adds to the public report- Your bill to require public accounting of the their next purchase, co-owner Josie Leavitt ing requirements in FISA. It directs the At- number of US persons subjected to surveil- said. It is unlikely the bookstore would torney General (AG) to include in the annual lance under FISA, the number of times FISA purge that record, which has the titles of information is used for law enforcement pur- public report the aggregate number of U.S. customers’ past purchases, because of its poses, and to require disclosure of other in- persons targeted for any type of order under usefulness, Leavitt said. Customers like to formation would be an important step in pro- have a reminder of what they have bought in the act. viding for oversight and public scrutiny of the past, she said. The report will also include information these extraordinary powers. Faced with a request from law enforce- about the aggregate number of times FISA is Disclosure of such information is impor- ment, Leavitt said the bookstore would being used for criminal cases, to enhance tant to informing the American public and refuse to turn over the information. She be- will not be harmful to the national security, oversight regarding the changes enacted in longs to the American Booksellers Founda- as it will not give any greater clues as to tion for Free Expression, the group that the USA PATRIOT Act. The report will list who is being targeted, or the scope of the the number of times the AG authorized FISA helped defend a Colorado bookstore last year anti-terrorism efforts than is already known against just such an intrusion by law en- information to be used in a criminal pro- from the Justice Department’s own exten- forcement. ceeding or for law enforcement purposes. sive public descriptions of those efforts. ‘‘That’s what books are all about. Books Finally, ‘‘in a manner consistent with the We commend you on your leadership on represent freedom and if people can’t read protection of national security,’’ this section this issue and look forward to working with they’re not free,’’ Leavitt said. you and your colleagues to achieve appro- directs the report to include the portions of The Vermont Library Association agrees. priate policies for responding to terrorism The group sent a letter to Vermont’s con- applications to and opinions of the FISC and and other national security threats. gressional delegation describing the provi- FISA Court of Review that involve signifi- LAURA W. MURPHY, sions of the USA Patriot Act pertaining to cant construction or interpretation of FISA Director, Washington libraries and book stores as unconstitu- or the Constitution. Such disclosures shall National Office. tional. not include the facts of any particular case TIMOTHY H. EDGAR, ‘‘They are dangerous steps toward the ero- which are to be redacted. The first annual re- Legislative Counsel, sion of our most fundamental civil lib- port is to include application and opinion in- American Civil Lib- erties,’’ the October letter reads in part. formation for the four years preceding the erties Union. Peter Hall, U.S. attorney for Vermont, said year of the first report to ensure that impor- JAMES X. DEMPSEY, the measure would be used only in ‘‘very rare and limited and supervised cir- tant legal interpretations, such as FISA Executive Director, cumstances,’’ Hall said. Bookstore owners Court of Review opinion that was almost not Center for Democ- racy and Tech- can do what they want with records of their made public last summer, are publicly dis- nology. customers’ purchases, he said. seminated. KATE MARTIN, Borders Books & Music would review re- Sec. 3. Additional Improvements of Con- Director, Center for quests from authorities on a case-by-case gressional Oversight of Surveillance Activi- National Security basis, said Tod Gross, manager of the Bur- ties. This section adds to a reporting require- Studies. lington store. The national chain keeps no records of customer purchases, except for ment to the House and Senate Judiciary and MORTON H. HALPERIN, special orders, and those files are purged Intelligence Committees on the use of Na- Director, Open Society Policy Center. monthly, Gross said. tional Security Letters. The report will in- Two recent court cases have shown law en- clude a statement of requests for informa- [From the Burlington Free Press, Feb. 19, forcement’s willingness to seek records from tion directed to public libraries or libraries 2003] bookstores. affiliated with high schools and universities. Independent counsel Kenneth Starr at- BOOKSTORE OWNERS FIGHT DISCLOSURE ACT The section also would ensure that current tempted to obtain a list of the books Monica (By Cadence Mertz) reports on the use of such letters are pro- Lewinsky had bought from a Washington, vided to both the intelligence and judiciary The gears turned in Laurie Kettler’s mind D.C. bookstore while investigating former as she contemplated how the USA Patriot President Bill Clinton. Law enforcement in committees as well as updating the names of Act might affect the bookstore she co-owns Colorado subpoenaed a bookstore customers’ certain pertinent committees that receive in St. Albans. purchases during a drug investigation. A Col- such reports. The section would allow Con- At first, she thought The Kept Writer orado Supreme Court blocked the subpoena. gress to assess the validity of public reports Bookshop & Cafe had no records that au- Kettler, in St. Albans, said her first that a long discredited program of domestic thorities could use to track what her cus- thoughts are for her customers’ privacy. A library surveillance is being revived. tomers are reading. Then it dawned on her. woman seeking a book on ovarian cancer

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2707 should not have to worry her illness might water. In addition, mining companies, tems, amendment of the 1982 settle- be disclosed by the shopkeeper, Kettler said. farmers, and irrigation delivery dis- ment agreement with the Tohono ‘‘I guess I’m going to stop keeping such tricts can continue to receive water O’odham Nation, mitigation measures meticulous records,’’ she said. without the fear that they will be necessitated by sustained drought con- By Mr. KYL (for himself and Mr. stopped by Indian litigation. ditions, and equitable apportionment MCCAIN): While some minor issues remain, we of drought shortages. S. 437. A bill to provide for adjust- have every confidence that these issues While this bill reflects agreements ments to the Central Arizona Project will be resolved as the legislation pro- reached on a host of issues after an in- in Arizona, to authorize the Gila River gresses. In addition, we hope that nego- tensive and extended effort by the nu- indian Community water rights settle- tiations with the San Carlos Apache merous parties involved, it is impor- ment, to reauthorize and amend the Tribe, the only party not yet included tant to emphasize that this bill does Southern Arizona Water Rights Settle- in the settlement, will move forward so not represent the final settlement. All ment Act of 1982, and for other pur- that all claims can be resolved by this parties recognize that a very limited poses; to the Committee on Energy and bill. number of the provisions of this bill Natural Resources. In summary, this bill is vital to the may be modified as the negotiations Mr. KYL. Mr. President, on behalf of citizens of Arizona and will provide the continue. We fully expect that the leg- Senator MCCAIN and myself I am intro- certainty needed to move forward with islative process will culminate with a ducing legislation today that would water use decisions. Furthermore, the final agreement early in the next con- codify the largest water claims settle- United States can avoid litigating gressional session. ment in the history of Arizona. This water rights and damage claims and Mr. President, we introduce this bill bill represents the tremendous efforts satisfy its trust responsibilities to the today as an expression of our strong of literally hundreds of people in Ari- Tribes. The parties have worked many support of the various parties to suc- zona and here in Washington over a pe- years to reach consensus rather than cessfully achieve conclusion to this riod of five years. Looking ahead, this litigate, and I believe this bill rep- process. The Arizona Water Settle- bill could ultimately be nearly as im- resents the best opportunity to achieve ments Act will be a historic accom- portant to Arizona’s future as was the a fair result for all the people of Ari- plishment that will benefit all citizens authorization of the Central Arizona zona. of Arizona, the tribal communities, and Project, CAP, itself. Mr. MCCAIN. Mr. President, I am the United States. Since Arizona began receiving CAP pleased to join my colleague, Senator water from the Colorado River, litiga- KYL, as a co-sponsor of this important By Mr. BUNNING: tion has divided water users over how legislation, the Arizona Water Settle- S. 439. A bill to amend the Social Se- the CAP water should be allocated and ments Act of 2003, which would ratify curity Act and the Internal Revenue exactly how much Arizona was re- negotiated settlements for Central Ari- Code of 1986 to provide additional safe- quired to repay the federal govern- zona Project, CAP, water allocations to guards for Social Security and Supple- ment. This bill will, among other municipalities, agricultural districts mental Security Income beneficiaries things, codify the settlement reached and Indian tribes, state CAP repay- with representative payees, to enhance between the United States and the Cen- ment obligations, and final adjudica- program protections, and for other pur- tral Arizona Water Conservation Dis- tion of long-standing Indian water poses; to the Committee on Finance. trict over the state’s repayment obliga- rights claims. Mr. BUNNING. Mr. President, the So- tion for costs incurred by the United These settlements reflect more than cial Security system is one of this States in constructing the Central Ari- 5 years of intensive negotiations by country’s most important programs. zona Project. It will also resolve, once state, Federal, tribal, municipal, and Millions of older and disabled Ameri- and for all, the allocation of all re- private parties. I commend all those in- cans rely on their Social Security maining CAP water. This final alloca- volved in these negotiations for their checks each month as a reliable source tion will provide the stability nec- extraordinary commitment and dili- of income. essary for State water authorities to gence to reach this final stage in the We all know the long-term financial plan for Arizona’s future water needs. settlement process. I also praise my problems the Social Security system In addition, approximately 200,000 acre- colleague, Senator JON KYL, and Inte- faces, and it is critical that Congress feet of CAP water will be made avail- rior Secretary Gail Norton, for their enact legislation to overhaul the sys- able to settle various Indian water leadership in facilitating these settle- tem as soon as possible to ensure that claims in the State. The bill would also ments. From my experience in legis- our children and grandchildren can authorize the use of the Lower Colo- lating past agreements, I recognize the rely on a robust and healthy Social Se- rado River Basin Development Fund, enormous challenge of these negotia- curity program. which is funded solely from revenues tions, and I appreciate their personal Today, I am introducing a bill, the paid by Arizona entities, to construct dedication to this settlement process. Social Security Protection Act, that irrigation works necessary for tribes This legislation is vitally important will immediately begin protecting the with congressionally approved water to Arizona’s future because these set- integrity and finances of the Social Se- settlements to use CAP water. tlements will bring greater certainty curity system by combating fraud and Title II of this bill settles the water and stability to Arizona’s water supply abuse. rights claims of the Gila River Indian by completing the allocation of CAP Fraud and abuse in the Social Secu- Community. It allocates nearly 100,000 water supplies. Pending water rights rity system not only threatens its acre-feet of CAP water to the Commu- claims by various Indian tribes and long-term viability, but it also robs nity, and provides funds to subsidize non-Indian users will be permanently money from the millions of Americans the costs of delivering CAP water and settled as well as the repayment obli- who are contributing a portion of their to construct the facilities necessary to gations of the State of Arizona for con- hard-earned paychecks each month to allow the Community to fully utilize struction of the CAP. the program. the water allocated to it in this settle- I join with Senator KYL today to ex- The Social Security Protection Act ment. Title III provides for long-needed press support for the agreements em- makes several common-sense and amendments to the 1982 Southern Ari- bodied in this bill and to encourage much-needed changes, including deny- zona Water Settlement Act for the conclusion of this settlement process ing Social Security benefits to individ- Tohono O’odham Nation, which has in the near future. Significant progress uals who are fugitive felons and parole never been fully implemented. has been made in resolving key issues violators, creating new civil monetary This bill will allow Arizona cities to since we last sponsored a bill to facili- penalties to combat fraud, and pro- plan for the future, knowing how much tate this agreement in the 107th Con- viding additional protections to Social water they can count on. The Indian gress. Some of these key issues pertain Security employees while on the job. tribes will finally get ‘‘wet’’ water, as to the final apportionment of CAP The bill also provides additional opposed to the paper rights to water water supplies, cost-sharing of CAP oversight of representative payees who they have now, and projects to use the construction and water delivery sys- are appointed by the Social Security

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2708 CONGRESSIONAL RECORD — SENATE February 25, 2003 Administration to manage the finances 20 years, including 6 years as senior Guard to supplement troops who have of beneficiaries who are unable to do so judge. Judge Coyle earned his law de- been sent to deal with crises all over by themselves. Aside from additional gree from University of California, the world. oversight, the bill also imposes harsher Hastings College of the Law in 1956. He In addition to this, we have had to penalties on representative payees who then worked for Fresno County as a rely on an increasingly diverse group of have misused their clients’ funds, and Deputy District Attorney before going people to fight our wars. The conflict even allows the Social Security Admin- into private practice in 1958 with in Afghanistan was heavily reliant on istration in certain circumstances to McCormick, Barstow, Sheppard, Coyle new technologies in the air and per- reissue misused funds to beneficiaries. & Wayte, where he remained until his sonnel intensive techniques on the Finally, the bill makes some changes appointment by President Reagan. ground. In order to properly execute to Social Security’s attorney-fee with- Judge Coyle is very active in the the war on terror, we have relied on holding process, and expands it to Sup- community and has served in many ju- highly skilled individuals such as lin- plemental Security Income claims, as dicial leadership positions, including: guists and Civil Affairs personnel who well. The bill also makes some other Chair of the Space and Security Com- have worked closely with the popu- minor and non-controversial changes mittee; Chair of the Conference of the lation of Afghanistan. We will have to to Social Security law and the Ticket Chief District Judges of the Ninth Cir- rely on them again in Iraq. Many of to Work and Work Incentives Improve- cuit; President of the Ninth Circuit these men and women have been re- ment Act of 1999. District Judges Association; Member of servists. Last year, a similar version of this the Board of Governors of the State These two trends reflect a dramatic legislation came close to passing Con- Bar of California; and President of the shift in the structure of our armed gress. I hope that we can work in a bi- Fresno County Bar. forces. Gone are the Cold War days partisan fashion with the House of Rep- My hope is that, in addition to serv- when we had a massive military posi- resentatives to get this legislation ing the people of the Eastern District tioned all over the globe. We are now passed so that our Social Security sys- as a courthouse, this building will reliant on a much leaner force, which tem can be better protected against stand as a reminder to the community views the Reserves and National Guard fraud and abuse. and people of California of the dedi- as necessary components to any con- cated work of Judge Robert E. Coyle. flict, and not forces of last resort. By Mrs. BOXER: Between 1945 and 1989, a period which S. 440. A bill to designate a United By Mrs. BOXER: encompassed most of the Cold War, re- States courthouse to be constructed in S. 441. A bill to direct the Adminis- servists and Guardsmen were called up Fresno, California, as the ‘‘Robert E. trator of General Services to convey to four times: during the Korean War, the Coyle United States Courthouse’’; to Fresno County, California, the existing Berlin Crisis of 1961, the Cuban Missile the Committee on Environment and Federal courthouses in that county; to Crisis, and the . A major- Public Works. the Committee on Environment and ity of those mobilized during this pe- Mrs. BOXER. Mr. President, I am Public Works. riod were called up during the Korean pleased to introduce legislation to Mrs. BOXER. Mr. President, today I War, when over 800,000 troops were ac- name the Federal courthouse building am introducing legislation to transfer tivated to supplement the 900,000 active now under construction at Tulare and the B.F. Sisk Federal Courthouse in duty forces fighting in Korea. ‘‘O’’ Streets in downtown Fresno, CA Fresno, CA to the County of Fresno, Between 1990 and today, reservists the ‘‘Robert E. Coyle United States when the new Federal courthouse is and Guardsmen have been called up six Courthouse.’’ completed. separate times. Over 230,000 reservists It is fitting that the Federal court- Fresno County is rapidly growing and Guardsmen were mobilized for the house in Fresno be named for Senior county in the heart of California’s Gulf War, forming nearly half of the U.S. District Judge Robert E. Coyle, Great Central Valley. The County of force that drove Iraqi forces from Ku- who is greatly respected and admired Fresno’s Superior Court has a serious wait. Since then, reservists and for his work as a judge and for his fore- need for new court space that will grow Guardsmen have been activated for the sight and persistence which contrib- in the years ahead. The Sisk Building Haiti Intervention, the ongoing Bos- uted so much to the Fresno Courthouse contains courthouses and related space nian Peacekeeping mission, the ongo- project. Judge Coyle has been a leader that will help the people of Fresno ing patrol of the No Fly Zones in Iraq, in the effort to build a new courthouse County meet those needs. The Sisk the Kosovo conflict, and the War on in Fresno for more than a decade. Building’s existing security measures Terrorism which has seen 151,348 re- In the course of his work, Judge are a perfect fit for Fresno County’s servists and Guardsmen activated in Coyle, working with the Clerk of the justice system. support of Operations Enduring Free- United States District Court for the This legislation is a common sense dom and Noble Eagle. Many of them Eastern District, conceived and found- measure that will allow appropriate are in the Persian Gulf Region today. ed a program called ‘‘Managing a Cap- utilization of the Sisk Building, while Over the past ten years, the itol Construction Program’’ to help contributing to the ongoing revitaliza- OPTEMPO of the Reserves has in- others understand the process of hav- tion of downtown Fresno. I am proud creased by fifty percent. ing a courthouse built. This Eastern that it is yet another opportunity for This OPTEMPO has had a significant District program was so well received the Federal Government to improve strain on reservists and their families. by national court administrators that the lives of Fresno County’s people. In almost every instance, when a re- is now a nationwide program run by servist or Guardsman is activated, Judge Coyle. By Ms. LANDRIEU: their military salary is significantly In addition to meeting the needs of S. 442. A bill to provide pay protec- smaller then their civilian salary. In the court for additional space, the tion for member of the Reserve and the many cases, service member’s income courthouse project has become a key National Guard, and for other pur- is cut in half. This places a particular element in the downtown revitalization poses; to the Committee on Finance. strain to reservists and Guardsmen as of Fresno. Judge Coyle’s efforts, and Ms. LANDRIEU. Mr. President, I rise their household budget is structured by those in the community with whom he today to offer legislation that will help their civilian salary. The decrease in worked, produced a major milestone our Nation’s reservists and members of income that activation brings makes it when the groundbreaking for the new the National Guard who have been increasingly difficult to pay the bills. courthouse took place. called to active duty. Whether or not the Nation is at war, Judge Coyle has had a distinguished Since 1991, the U.S. military has sig- mortgages, rent, credit card debt, stu- career as an attorney and on the bench. nificantly scaled down its troop levels dent loans, and other household ex- Appointed to California’s Eastern Dis- to reflect the end of the Cold War. With penses must be paid. trict bench by President Ronald the reduction of active duty troops, the When we send our fighting men and Reagan in 1982, Judge Coyle has served military has become increasingly de- women into harm’s way, it is impor- as a judge for the Eastern District for pendent on the Reserves and National tant that they concentrate on one

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2709 thing: their mission. When Guardsmen ‘‘(b)(1) Amounts under this section shall be SEC. 3. READY RESERVE-NATIONAL GUARD EM- and reservists are worried about having payable with respect to each pay period PLOYEE CREDIT ADDED TO GEN- ERAL BUSINESS CREDIT. enough money for rent of the mortgage (which would otherwise apply if the employ- (a) READY RESERVE-NATIONAL GUARD CRED- or whether their children have enough ee’s civilian employment had not been inter- rupted)— IT.—Subpart D of part IV of subchapter A of to see a doctor, they cannot con- ‘‘(A) during which such employee is enti- chapter 1 of the Internal Revenue Code of centrate on the mission, and this be- tled to reemployment rights under chapter 1986 (relating to business-related credits) is comes a readiness issue. 43 of title 38 with respect to the position amended by adding at the end the following: Many corporations volunteer to from which such employee is absent (as re- ‘‘SEC. 45G. READY RESERVE-NATIONAL GUARD make up the difference between the ferred to in subsection (a)); and EMPLOYEE CREDIT. ‘‘(B) for which such employee does not oth- military and civilian salaries of their ‘‘(a) GENERAL RULE.—For purposes of sec- erwise receive basic pay (including by taking Guardsmen and reservists. Not only do tion 38, the Ready Reserve-National Guard any annual, military, or other paid leave) to these employers sacrifice important employee credit determined under this sec- which such employee is entitled by virtue of tion for any taxable year is an amount equal members of their companies for na- such employee’s civilian employment with to 50 percent of the actual compensation tional defense, they hold their jobs for the Government. them and they voluntarily choose to ‘‘(2) For purposes of this section, the period amount for such taxable year. continue paying them. In some in- during which an employee is entitled to re- ‘‘(b) DEFINITION OF ACTUAL COMPENSATION stances, employers have continued to employment rights under chapter 43 of title AMOUNT.—For purposes of this section, the provide health insurance and other 38— term ‘actual compensation amount’ means the amount of compensation paid or incurred benefits. This represents a significant ‘‘(A) shall be determined disregarding the provisions of section 4312(d) of title 38; and by an employer with respect to a Ready Re- burden that the employer has under- ‘‘(B) shall include any period of time speci- serve-National Guard employee on any day taken, in order to ensure that their fied in section 4312(e) of title 38 within which during a taxable year when the employee employees and their families are taken an employee may report or apply for employ- was absent from employment for the purpose care of during times of national emer- ment or reemployment following completion of performing qualified active duty. gency. of service in the uniformed services. ‘‘(c) LIMITATIONS.— In order to alleviate the burden that ‘‘(c) Any amount payable under this sec- ‘‘(1) MAXIMUM PERIOD FOR CREDIT PER EM- these employers face and to encourage tion to an employee shall be paid— PLOYEE.—The maximum period with respect ‘‘(1) by such employee’s employing agency; to which the credit may be allowed with re- more employers to pay the difference ‘‘(2) from the appropriation or fund which to Reserve and Guard employees, I spect to any Ready Reserve-National Guard would be used to pay the employee if such employee shall not exceed the 12-month pe- have drafted legislation that would employee were in a pay status; and riod beginning on the first day such credit is provide an incentive for employers to ‘‘(3) to the extent practicable, at the same so allowed with respect to such employee. make up the difference between the time and in the same manner as would basic ‘‘(2) DAYS OTHER THAN WORK DAYS.—No military and civilian pay of activated pay if such employee’s civilian employment credit shall be allowed with respect to a reservists. The Reservists and Guards- had not been interrupted. Ready Reserve-National Guard employee men Pay Protection Act of 2003 pro- ‘‘(d) The Office of Personnel Management who performs qualified active duty on any shall, in consultation with Secretary of De- day on which the employee was not sched- vides a tax credit to employers who fense, prescribe any regulations necessary to continue paying their service members uled to work (for reason other than to par- carry out the preceding provisions of this ticipate in qualified active duty). after they are activated. It also re- section. ‘‘(d) DEFINITIONS.—For purposes of this sec- ‘‘(e)(1) The head of each agency referred to quires the Federal Government to tion— in section 2302(a)(2)(C)(ii) shall, in consulta- make up the difference between civil- ‘‘(1) QUALIFIED ACTIVE DUTY.—The term tion with the Office, prescribe procedures to ian and military pay for Federal em- ‘qualified active duty’ means— ensure that the rights under this section ployees who are activated. ‘‘(A) active duty, other than the training apply to the employees of such agency. I ask unanimous consent that the ‘‘(2) The Administrator of the Federal duty specified in section 10147 of title 10, text of this bill be printed in the Aviation Administration shall, in consulta- United States Code (relating to training re- RECORD. tion with the Office, prescribe procedures to quirements for the Ready Reserve), or sec- There being no objection, the bill was ensure that the rights under this section tion 502(a) of title 32, United States Code (re- lating to required drills and field exercises ordered to be printed in the RECORD, as apply to the employees of that agency. for the National Guard), in connection with follows: ‘‘(f) For purposes of this section— ‘‘(1) the terms ‘employee’, ‘Federal Govern- which an employee is entitled to reemploy- S. 442 ment’, and ‘uniformed services’ have the ment rights and other benefits or to a leave Be it enacted by the Senate and House of Rep- same respective meanings as given in section of absence from employment under chapter resentatives of the United States of America in 4303 of title 38; 43 of title 38, United States Code, and Congress assembled, ‘‘(2) the term ‘service in the uniformed ‘‘(B) hospitalization incident to such duty. SECTION 1. SHORT TITLE. services’ has the meaning given that term in ‘‘(2) COMPENSATION.—The term ‘compensa- This Act may be cited as the ‘‘Reservists section 4303 of title 38 and includes duty per- tion’ means any remuneration for employ- and Guardsmen Pay Protection Act of 2003’’. formed by a member of the National Guard ment, whether in cash or in kind, which is SEC. 2. NONREDUCTION IN PAY WHILE FEDERAL under section 502(f) of title 32 at the direc- paid or incurred by a taxpayer and which is EMPLOYEE IS PERFORMING ACTIVE tion of the Secretary of the Army or Sec- deductible from the taxpayer’s gross income SERVICE IN THE UNIFORMED SERV- retary of the Air Force; under section 162(a)(1). ICES. ‘‘(3) the term ‘employing agency’, as used ‘‘(3) READY RESERVE-NATIONAL GUARD EM- (a) IN GENERAL.—Subchapter IV of chapter with respect to an employee entitled to any PLOYEE.—The term ‘Ready Reserve-National 55 of title 5, United States Code, is amended payments under this section, means the Guard employee’ means an employee who is by adding at the end the following: agency or other entity of the Government a member of the Ready Reserve or of the Na- ‘‘§ 5538. Nonreduction in pay while serving in (including an agency referred to in section tional Guard. the uniformed services 2302(a)(2)(C)(ii)) with respect to which such ‘‘(4) NATIONAL GUARD.—The term ‘National ‘‘(a) An employee who is absent from a po- employee has reemployment rights under Guard’ has the meaning given such term by sition of employment with the Federal Gov- chapter 43 of title 38; and section 101(c)(1) of title 10, United States ernment in order to perform service in the ‘‘(4) the term ‘basic pay’ includes any Code. uniformed services shall be entitled to re- amount payable under section 5304.’’. ‘‘(5) READY RESERVE.—The term ‘Ready Re- ceive, for each pay period described in sub- (b) CLERICAL AMENDMENT.—The table of serve’ has the meaning given such term by section (b), an amount equal to the amount sections for chapter 55 of title 5, United section 10142 of title 10, United States by which— States Code, is amended by inserting after Code.’’. ‘‘(1) the amount of basic pay which would the item relating to section 5537 the fol- (b) CREDIT TO BE PART OF GENERAL BUSI- otherwise have been payable to such em- lowing: NESS CREDIT.—Subsection (b) of section 38 of ployee for such pay period if such employee’s ‘‘5538. Nonreduction in pay while serving in such Code (relating to general business cred- civilian employment with the Government the uniformed services or Na- it) is amended by striking ‘‘plus’’ at the end had not been interrupted by that service, ex- tional Guard.’’. of paragraph (14), by striking the period at ceeds (if at all) (c) EFFECTIVE DATE.—The amendments the end of paragraph (15) and inserting ‘‘, ‘‘(2) the amount of pay and allowances made by this section shall apply with respect plus’’, and by adding at the end the fol- which (as determined under subsection (d))— to pay periods (as described in section 5538(b) lowing: ‘‘(A) is payable to such employee for that of title 5, United States Code, as added by ‘‘(16) the Ready Reserve-National Guard service; and this section) beginning on or after Sep- employee credit determined under section ‘‘(B) is allocable to such pay period. tember 11, 2001. 45G(a).’’.

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2710 CONGRESSIONAL RECORD — SENATE February 25, 2003 (c) CONFORMING AMENDMENT.—The table of This bill would provide important With more than $30 billion in dam- sections for subpart D of part IV of sub- safeguards to the people of one of the ageable property in the floodplain, the chapter A of chapter 1 of the Internal Rev- fastest growing areas in the Nation. By Corps of Engineers has estimated the enue Code of 1986 is amended by inserting raising Folsom Dam and replacing the damage from a flood would range from after the item relating to section 45F the fol- a minimum of $7 billion to as much as lowing: road across the dam, we can greatly in- crease public safety in the Sacramento $15 billion. ‘‘Sec. 45G. Ready Reserve-National Guard area. I ask unanimous consent that the As one of the largest economic en- employee credit.’’. text of the bill be printed in the gines in the world, a flood in Califor- (d) EFFECTIVE DATE.—The amendments RECORD. nia’s capital city would effectively made by this section shall apply to taxable shut down the State’s government and years beginning after the date of the enact- There being no objection, the bill was ment of this Act. ordered to be printed in the RECORD, as seriously disrupt regional commerce follows: and transportation. By Mrs. BOXER (for herself and S. 444 The Mini-Raise will provide Sac- Mrs. FEINSTEIN): Be it enacted by the Senate and House of Rep- ramento with a 213-year level of protec- S. 444. A bill to authorize the Sec- resentatives of the United States of America in tion. It will allow the system to safely retary of the Army to carry out a Congress assembled, handle a storm 50 percent larger than project for flood damage reduction and SECTION 1. SHORT TITLE. anything ever recorded in the 3,000- ecosystem restoration for the Amer- This Act may be cited as the ‘‘Sacramento year history of the American River Wa- ican River, Sacramento, California, Public Safety Act of 2003’’. tershed; it will add 95,000 acre-feet of SEC. 2. FLOOD DAMAGE REDUCTION AND ECO- new emergency flood storage capacity and for other purposes; to the Com- SYSTEM RESTORATION, AMERICAN mittee on Environment and Public to allow operators to control dam out- RIVER, CALIFORNIA. flows in accordance to what the down- Works. The Secretary of the Army is authorized to Mrs. BOXER. Mr. President, today I carry out the project for flood damage reduc- stream levees can safely carry; it will am introducing a bill to improve flood tion and ecosystem restoration, American bring Folsom Dam into compliance protection for Sacramento, CA. The River, Sacramento, California, substantially with Federal Dam safety standards; it will restore wildlife habitat along the flood control project authorized by this in accordance with the plans, and subject to the conditions, described in the Report of the Lower American River; and it will im- bill has been evaluated by the U.S. Chief of Engineers for the project dated No- prove conditions for naturally spawn- Army Corps of Engineers and will be vember 5, 2002. ing Steelhead and Salmon by mecha- conducted in accordance with the Re- SEC. 3. CONSTRUCTION OF PERMANENT BRIDGE nizing temperature control shutters. port of the Chief of Engineers dated ADJACENT TO FOLSOM DAM. The project has wide support at Fed- (a) IN GENERAL.—As part of the project au- November 5, 2002. This is a companion eral, State, and local level. It is sup- bill to one that Representative MATSUI thorized by section 2, the Secretary of Trans- portation shall carry out a project to design ported by the Army Corp of Engineers is introducing today in the House. and funded in the Bush administra- Currently, Sacramento has woefully and construct a bridge west of and adjacent to Folsom Dam, California. In carrying out tion’s budget request. inadequate flood protection. This bill the project, the Secretary shall also con- The project has bi-partisan support would raise the existing walls of Fol- struct necessary linkages from the bridge to in Congress including Republican Con- som Dam by seven feet, which would existing roadways. gressman POMBO, as well as Democrats: substantially increase flood protection (b) DESIGN AND CONSTRUCTION.—In design- ROBERT MATSUI, GEORGE MILLER, MIKE for the Sacramento region. Without ing and constructing the bridge, the Sec- THOMPSON, and ELLEN TAUSCHER. this improvement, $40 billion of prop- retary shall— It has the local support of Heather erty, including the California State (1) coordinate with the Secretary of the Fargo, Mayor of Sacramento; Deborah Army regarding the project authorized by Capitol, 6 major hospitals, 26 nursing section 2; and Ortiz, California State Senator; Darrell home facilities, over 100 schools, three (2) provide appropriate sizing and linkages Steinberg, California Assemblyman; major freeway systems, and approxi- to support present and future traffic flow re- Illa Collin, Chairman of the Sac- mately 160,000 homes and apartments, quirements for the city of Folsom, Cali- ramento County Board of Supervisors; are at risk if there is a devastating fornia. Butch Hodkins, Executive Director of flood. (c) GRANT ASSISTANCE.—The Secretary of the Sacramento Area Flood Control For a city of its size, Sacramento Transportation shall make a grant to the Agency; Karolyn W. Simon, President falls shockingly below the flood protec- State of California in an amount sufficient of American River Flood Control Alli- to pay not less than 80 percent of the cost of ance; Donald Gerth, California State tion that it deserves. The Folsom Mini- the project authorized by this section. Raise is the critical next step in pro- Mrs. FEINSTEIN. Mr. President, I University, Sacramento; and Vicki viding Sacramento necessary flood pro- rise in support of the legislation being Lee, Conservation Chair of the Sierra tection, enabling the system to handle introduced by my colleague from Cali- Club. The bill also calls for a permanent storms far larger than any recorded fornia the Sacramento Public Safety event in the American River Water- bridge to replace the road that cur- Act. rently runs atop Folsom Dam. Given shed. This Bill would authorize flood con- the recent announcement by the Bu- Previous plans to raise the level of trol protection and ecosystem restora- reau of Reclamation and the Depart- the Folsom Dam called for the building tion through a Mini-Raise of the Fol- ment of the Interior to close the road of a temporary bridge to handle the som Dam as well as authorize the de- traffic that would be disrupted while over the Dam, the need for such a sign and construction of a permanent bridge has become doubly important. the Folsom Dam Road was closed dur- bridge to replace the road that cur- ing the construction project. Security This bridge will serve the needs of rently runs on top of the Dam. nearly 20,000 commuters who use the concerns now warrant an indefinite Providing Sacramento with flood closure of the Folsom Dam Road. Folsom Dam Road every day. protection is a critical public safety I want to thank my colleague from So, in addition to authorizing the need. Further delays only serve to ex- California for introducing this critical Mini-Raise, this bill authorizes the pand opportunities for a catastrophic piece of legislation and I ask for sup- U.S. Department of Transportation to flood. port from the rest of the Senate. work with the State of California to No urban area in the United States is design and construct a permanent at higher risk of flooding than Sac- By Ms. LANDRIEU: bridge west of and adjacent to Folsom ramento, CA. S. 445. A bill to amend title 10, Dam over the American River to re- Located at the confluence of two United States Code, to revise the age place the current two-lane road over major rivers, the American and Sac- and service requirements for eligibility the dam. It will alleviate security con- ramento, the floodplain is home to to receive retired pay for non-regular cerns by moving traffic away from the half-a-million residents, $40 billion in service; to the Committee on Armed dam while still providing the thou- property, 5,000 businesses and the nec- Services. sands of area commuters with a reli- essary supporting infrastructure, all of Ms. LANDRIEU. Mr. President, many able means of transportation across which has less than 100-year flood pro- bills were introduced in the last Con- the river. tection. gress that would lower the age at

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2711 which Reservists can receive retire- (b) 20-YEAR LETTER.—Subsection (d) of Thousands have already been activated ment benefits. Most of these bills were such section is amended by striking ‘‘the for Operations Enduring Freedom, and met with resistance from the Depart- years of service required for eligibility for many thousands more are either in Ku- retired pay under this chapter’’ in the first ment of Defense, due to cost estimates sentence and inserting ‘‘20 years of service wait or on their way there. Once they over a 10-year period. It is my hope computed under section 12732 of this title.’’. get to their duty station, they need to that his Bill, the Reserve Retirement (c) EFFECTIVE DATE.—This section and the focus all of their attention on the mis- and Retention Act of 2003, will serve as amendments made by this subsection (a) sion. This legislation provides our stu- a compromise measure and deliver re- shall take effect on the first day of the first dent reservists with the proper safe- tirement benefits to Reservists and month beginning on or after the date of the guards on their academic career which Guardsmen at an earlier age. This leg- enactment of this Act and shall apply with will allow them to accomplish their respect to retired pay payable for that islation would lower the retirement month and subsequent months. mission. age of a Reservist by one year for every Mr. President, I ask unanimous con- 2-year period that he or she serves past By Ms. LANDRIEU: sent that the text of this bill be printed the requisite 20 years for retirement. S. 447. A bill to amend the Higher in the RECORD. For example, if a Reservist should Education Act of 1965 to require insti- There being no objection, the bill was serve for 22 years, he or she could re- tutions of higher education to preserve ordered to be printed in the RECORD, as ceive retirement benefits at age 59. the educational status and financial re- follows: This legislation will serve as a critical sources of military personnel called to S. 447 tool in encouraging the most experi- active duty; to the Committee on Be it enacted by the Senate and House of Rep- enced Reservists and Guardsmen to Health, Education, Labor, and Pen- resentatives of the United States of America in stay past the 20-year mark. It is my sions. Congress assembled, hope that this measure will encourage Ms. LANDRIEU. Mr. President, When SECTION 1. SHORT TITLE. our Reservists and Guardsmen to stay the President give the order to activate This Act may be cited as the ‘‘Reservist Opportunities and Protection of Education in their units longer, while making reservists and National Guardsmen, the lives of those men and women are Act’’. their retirement benefits more gen- SEC. 2. LEAVE OF ABSENCE FOR MILITARY SERV- erous for them and their families. put on hold. Businesses, careers, and ICE. I ask unanimous consent that the families are left behind so that Amer- (a) OBLIGATION AS PART OF PROGRAM PAR- text of this bill be printed in the ica’s interests may be served. Students TICIPATION REQUIREMENTS.—Section 487(a)(22) RECORD. make up a substantial part of our Na- of the Higher Education Act of 1965 (20 U.S.C. There being no objection, the bill was tional Guard and Reserve forces. When 1094(a)(22)) is amended by inserting ‘‘and ordered to be printed in the RECORD, as these students are activated, it jeop- with the policy on leave of absence for active follows: ardizes their academic standing, as duty military service established pursuant well as their scholarships and grants. to section 484C’’ after ‘‘section 484B’’. S. 445 (b) LEAVE OF ABSENCE FOR MILITARY SERV- Be it enacted by the Senate and House of Rep- This bill would preserve their academic ICE.—Part G of title IV of the Higher Edu- resentatives of the United States of America in standing for the duration of their serv- cation Act of 1965 is amended by inserting Congress assembled, ice as well as a one year period that after section 484B (20 U.S.C. 1091b) the fol- SECTION 1. SHORT TITLE. follows that service. It would also pre- lowing new section: This Act may be cited as the ‘‘Reservists serve their scholarships and grants, as ‘‘SEC. 484C. LEAVE OF ABSENCE FOR MILITARY Retirement and Retention Act of 2003’’. well as entitle them to a refund of un- SERVICE. SEC. 2. ELIGIBILITY FOR RETIRED PAY FOR NON- used tuition and fees. Federal law al- ‘‘(a) LEAVE OF ABSENCE REQUIRED.—When- REGULAR SERVICE. ready safeguards the employment sta- ever a student who is a member of the Na- (a) AGE AND SERVICE REQUIREMENTS.—Sub- tional Guard or other reserve component of section (a) of section 12731 of title 10, United tus of activated reservists and Guards- the Armed Forces of the United States, or a States Code, is amended to read as follows: men. It is time that we extend the member of such Armed Forces in a retired ‘‘(a)(1) Except as provided in subsection (c), same guarantee to students. status, is called or ordered to active duty, a person is entitled, upon application, to re- This legislation would require col- the institution of higher education in which tired pay computed under section 12739 of leges, universities, and community col- the student is enrolled shall grant the stu- this title, if the person— leges to grant National Guardsmen and dent a military leave of absence from the in- ‘‘(A) satisfies one of the combinations of reservists a leave of military absence stitution while such student is serving on ac- requirements for minimum age and min- when they are called to active duty. tive duty, and for one year after the conclu- imum number of years of service (computed This leave of absence would last while sion of such service. under section 12732 of this title) that are ‘‘(b) CONSEQUENCES OF MILITARY LEAVE OF specified in the table in paragraph (2); the student is serving on active duty ABSENCE.— ‘‘(B) performed the last six years of quali- and a one year period at the conclusion ‘‘(1) PRESERVATION OF STATUS AND AC- fying service while a member of any cat- of active service. This bill would pre- COUNTS.—A student on a military leave of ab- egory named in section 12732(a)(1) of this serve the academic credits that the sence from an institution of higher edu- title, but not while a member of a regular student had earned before being acti- cation shall be entitled, upon release from component, the Fleet Reserve, or the Fleet vated. It would also preserve the schol- serving on active duty, to be restored to the Marine Corps Reserve, except that in the arships and grants awarded to the stu- educational status such student had attained prior to being ordered to such duty without case of a person who completed 20 years of dent before being activated. Under this service computed under section 12732 of this loss of academic credits earned, scholarships title before October 5, 1994, the number of legislation, students would be entitled or grants awarded, or, subject to paragraph years of qualifying service under this sub- to receive a refund of tuition and fees (2), tuition and other fees paid prior to the paragraph shall be eight; and or credit the tuition and fees to the commencement of the active duty. ‘‘(C) is not entitled, under any other provi- next period of enrollment after the stu- ‘‘(2) REFUNDS.— sion of law, to retired pay from an armed dent returns from military leave. If a ‘‘(A) OPTION OF REFUND OR CREDIT.—An in- force or retainer pay as a member of the student elects to receive a refund, it stitution of higher education shall refund Fleet Reserve or the Fleet Marine Corps Re- would allow them to receive a full re- tuition or fees paid or credit the tuition and serve. fees to the next period of enrollment after ‘‘(2) The combinations of minimum age and fund, minus the percentage of time the the student returns from a military leave of minimum years of service required of a per- student spent enrolled in classes. absence, at the option of the student. Not- son under subparagraph (A) of paragraph (1) The protections that are already af- withstanding the 180-day limitation referred for entitlement to retired pay as provided in forded our reservists and Guardsmen to in section 484B(a)(2)(B), a student on a such paragraph are as follows: are appropriate considering the hard- military leave of absence under this section ‘‘Age, in years, is at The minimum years ships they endure on the nation’s be- shall not be treated as having withdrawn for least: of service required half. We need to acknowledge the many purposes of section 484B unless the student for that age is: college students who are in the ranks fails to return at the end of the military 55 ...... 30 of the Guard and Reserve and extend to leave of absence (as determined under sub- section (a) of this section). 56 ...... 28 them the protections they deserve. In 57 ...... 26 ‘‘(B) PROPORTIONATE REDUCTION OF REFUND 58 ...... 24 this day of uncertainty on the world FOR TIME COMPLETED.—If a student requests a 59 ...... 22 stage, our reservists must be prepared refund during a period of enrollment, the 60 ...... 20.’’. to be called up at a moments notice. percentage of the tuition and fees that shall

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2712 CONGRESSIONAL RECORD — SENATE February 25, 2003 be refunded shall be equal to 100 percent be expended for the procurement of the serv- committee (under procedures specified by minus— ices of individual consultants, or organiza- section 202(j) of the Legislative Reorganiza- ‘‘(i) the percentage of the period of enroll- tions thereof (as authorized by section 202(i) tion Act of 1946). ment (for which the tuition and fees were of the Legislative Reorganization Act of 1946, (B) for the period October 1, 2003, through paid) that was completed (as determined in as amended), and (2) not to exceed $1,000 may September 30, 2004, expenses of the com- accordance with section 484B(d)) as of the be expended for the training of professional mittee under this resolution shall not exceed day the student withdrew, provided that staff of such committee (under procedures $8,110,222, of which amount (1) not to exceed such date occurs on or before the completion specified by section 202(j) of the Legislative $200,000 may be expended for the procure- of 60 percent of the period of enrollment; or Reorganization Act of 1946). ment of the services of individual consult- ‘‘(ii) 100 percent, if the day the student SEC. 3. The committee shall report its find- ants, or organizations thereof (as authorized withdrew occurs after the student has com- ing, together with such recommendations for by section 202(i) of the Legislative Reorga- pleted 60 percent of the period of enrollment. legislation as it deems advisable, to the Sen- nization Act of 1946, as amended), and (2) not ‘‘(c) ACTIVE DUTY.—In this section, the ate at the earliest practicable date, but not to exceed $20,000 may be expended for the term ‘active duty’ has the meaning given later than February 28, 2003. training of the professional staff of such such term in section 101(d)(1) of title 10, SEC. 4. Expenses of the committee under committee (under procedures specified by United States Code, except that such term— this resolution shall be paid from the contin- section 202(j) of the Legislative Reorganiza- ‘‘(1) does not include active duty for train- gent fund of the Senate upon vouchers ap- tion Act of 1936). ing or attendance at a service school; but proved by the Chairman of the committee, (C) For the period October 1, 2004, through ‘‘(2) includes, in the case of members of the except that vouchers shall not be required (1) February 28, 2005, expenses of the committee National Guard, active State duty.’’. for the disbursement of the salaries of em- under this resolution shall not exceed $3,458,551, of which amount (1) not to exceed f ployees paid at an annual rate, or (2) for the payment of telecommunications provided by $200,000 may be expended for the procure- STATEMENTS ON SUBMITTED the Office of the Sergeant at Arms and Door- ment of the services of individual consult- ants, or organizations thereof (as authorized RESOLUTIONS keeper, United States Senate, or (3) for the payment of stationery supplies purchased by section 202(i) of the Legislative Reorga- through the Keeper of the Stationery, United nization Act of 1946, as amended), and (2) not States Senate, or (4) for payments to the to exceed $20,000 may be expended for the SENATE RESOLUTION 64—AUTHOR- training of the professional staff of such IZING EXPENDITURES BY THE Postmaster, United States Senate, or (5) for the payment of metered charges on copying committee (under procedures specified by SENATE COMMITTEE ON INDIAN equipment provided by the Office of the Ser- section 202(j) of the Legislative Reorganiza- AFFAIRS geant at Arms and Doorkeeper, United tion Act of 1946). SEC. 3. The Committee shall report its States Senate, or (6) for the payment of Sen- Mr. CAMPBELL submitted the fol- findings, together with such recommenda- ate Recording and Photographic Services, or lowing resolution; from the Committee tions for legislation as it deems advisable, to (7) for payment of franked and mass mail on Indian Affairs; which was referred the Senate at the earliest practicable date, costs by the Sergeant at Arms and Door- but not later than February 28, 2005, respec- to the Committee on Rules and Admin- keeper, United States Senate. tively. istration: SEC. 5. There are authorized such sums as SEC. 4. Expenses of the committee under S. RES. 64 may be necessary for agency contributions this resolution shall be paid from the contin- Resolved, That, in carrying out its powers, related to the compensation of employees of gent fund of the Senate upon vouchers ap- duties and functions under the Standing the committee from March 1, 2003, through proved by the chairman of the committee ex- Rules of the Senate, in accordance with its February 28, 2005, to be paid from the Appro- cept that vouchers shall not be required (1) jurisdiction under rule XXV of such rules, in- priations account for ‘‘Expenses of Inquiries for the disbursement of salaries of employees cluding holding hearings, and making inves- and Investigations’’. paid at an annual rate, or (2) for the pay- tigations as authorized by paragraphs 1 and ment of telecommunications provided by the 8 of rule XXVI of the Standing Rules of the SENATE RESOLUTION 65—AUTHOR- Office of the Sergeant at Arms and Door- Senate, the Committee on Indian Affairs is IZING EXPENDITURES BY THE keeper, United States Senate, or (3) for the authorized from March 1, 2003, through Feb- COMMITTEE ON THE JUDICIARY payment of stationery supplies purchased ruary 28, 2005, in its discretion (1) to make through the Keeper of the Stationery, United expenditures from the contingent fund of the Mr. HATCH (for himself and Mr. States Senate, or (4) for payments to the Senate, (2) to employ personnel, and (3) with LEAHY) submitted the following resolu- Postmaster, United States Senate, or (5) for the prior consent of the Government depart- tion; which was referred to the Com- the payment of metered charges on copying ment or agency concerned and the Com- mittee on the Judiciary and the Com- equipment provided by the Office of the Ser- mittee on Rules and Administration, to use mittee on Rules and Administration: geant at Arms and Doorkeeper, United on a reimbursable or non-reimbursable basis States Senate, or (6) for the payment of Sen- the services of personnel of any such depart- S. RES. 65 ate Recording and Photographic Services, or ment or agency. Resolved, That, in carrying out its powers, (7) for payment of franked and mass mail SEC. 2. (a) The expenses of the committee duties, and functions under the Standing costs by the Sergeant at Arms and Door- for the period March 1, 2003, through Sep- Rules of the Senate, in accordance with its keeper, United States Senate. tember 30, 2003, under this resolution shall jurisdiction under rule XXV of such rules, in- SEC. 5. There are authorized such sums as not exceed $1,051,310.00, of which amount (1) cluding holding hearings, reporting such may be necessary for agency contributions no funds may be expended for the procure- hearings, and making investigations as au- related to the compensation of employees of ment of the services or individual consult- thorized by paragraphs 1 and 8 of rule XXVI the committee from March 1, 2003, through ants, or organizations thereof (as authorized of the Standing Rules of the Senate, the September 30, 2003, October 1, 2003 through by section 202(i) of the Legislative Reorga- Committee on the Judiciary is authorized September 30, 2004; and October 1, 2004 nization Act of 1946, as amended), and (2) not from March 1, 2003, through September 30, through February 28, 2005, to be paid from to exceed $1,000 may be expended for the 2003; October 1, 2003, through September 30, the Appropriations account for ‘‘Expenses of training of professional staff of such com- 2004; and October 1, 2004, through February Inquires and Investigations.’’ mittee (under procedures specified by section 28, 2005 in its discretion (1) to make expendi- 202(j) of the Legislative Reorganization Act tures from the contingent fund of the Sen- SENATE CONCURRENT RESOLU- of 1946). ate, (2) to employ personnel, and (3) with the TION 8—DESIGNATING THE SEC- (b) For the period October 1, 2003, through prior consent of the Government department September 30, 2004, expenses of the com- or agency concerned and the Committee on OND WEEK IN MAY EACH YEAR mittee under this resolution shall not exceed Rules and Administration, to use on a reim- AS ‘‘NATIONAL VISITING NURSE $1,848,350.00, of which amount (1) no funds bursable or non-reimbursable basis the serv- ASSOCIATIONS WEEK’’ may be expended for the procurement of the ices of personnel of any such department or Ms. COLLINS (for himself and Mr. services of individual consultants, or organi- agency. FEINGOLD) submitted the following con- zations thereof (as authorized by section SEC. 2(a). The expenses of the committee current resolution; which was referred 202(i) of the Legislative Reorganization Act for the period of March 1, 2003, through Sep- of 1946, as amended), and (2) not to exceed tember 30, 2003, under this resolution shall to the Committee on the Judiciary: $1,000 may be expended for the training of not exceed $4,605,727, of which amount (1) not S. CON. RES. 8 professional staff of such committee (under to exceed $200,000 may be expended for the Whereas visiting nurse associations (VNAs) procedures specified by section 202(j) of the procurement of the services of individual are nonprofit home health agencies that, for Legislative Reorganization Act of 1946). consultants, or organizations thereof (as au- over 120 years, have been united in their mis- (c) For the period October 1, 2004, through thorized by section 202(i) of the Legislative sion to provide cost-effective and compas- February 28, 2005, expenses of the committee Reorganization Act of 1946, as amended), and sionate home and community-based health under this resolution shall not exceed (2) not to exceed $20,000 may be expended for care to individuals, regardless of the individ- $787,173.00, of which amount (1) no funds may the training of the professional staff of such uals’ condition or ability to pay for services;

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 25, 2003 CONGRESSIONAL RECORD — SENATE S2713 Whereas there are approximately 500 vis- where they want to be—in the comfort S. CON. RES. 9 iting nurse associations, which employ more and security of their own homes. Whereas Ohio was the 17th State to be ad- than 90,000 clinicians, provide health care to Visiting Nurse Associations are non- mitted to the Union and was the first to be more than 4,000,000 people each year, and profit home health agencies that pro- created from the Northwest Territory; provide a critical safety net in communities vide cost-effective and compassionate Whereas the name ‘‘Ohio’’ is derived from by developing a network of community sup- home and community-based health the Iroquois word meaning ‘‘great river’’, re- port services that enable individuals to live ferring to the Ohio River which forms the independently at home; care to individuals, regardless of their southern and eastern boundaries; Whereas visiting nurse associations have condition or ability to pay for services. Whereas Ohio was the site of battles of the historically served as primary public health VNAs literally created the profession American Indian Wars, French and Indian care providers in their communities, and are and practice of home health care more Wars, Revolutionary War, the War of 1812, today one of the largest providers of mass than one hundred years ago, at a time and the Civil War; immunizations in the medicare program (de- when there were no hospitals in many Whereas in the nineteenth century, Ohio, a livering over 2,500,000 influenza immuniza- communities and patients were cared free State, was an important stop on the Un- tions annually); for at home by families who did the derground Railroad as a destination for more Whereas visiting nurse associations are than 100,000 individuals escaping slavery and often the home health providers of last re- best they could. VNAs made a critical seeking freedom; sort, serving the most chronic of conditions difference to these families, bringing Whereas Ohio, ‘‘The Mother of Presidents’’, (such as congestive heart failure, chronic ob- professional skills into the home to has given eight United States presidents to structive pulmonary disease, AIDS, and care for the patient and support the the Nation, including William Henry Har- quadriplegia) and individuals with the least family. They made a critical difference rison, Ulysses S. Grant, Rutherford B. Hayes, ability to pay for services (more than 50 per- in the late 19th century, and are mak- James A. Garfield, Benjamin Harrison, Wil- cent of all medicaid home health admissions ing a critical difference now as we em- liam McKinley, William H. Taft, and Warren are by visiting nurse associations); bark upon the 21st. G. Harding; Whereas any visiting nurse association VNAs were pioneers in the public Whereas Ohio inventors, including Thomas Edison (incandescent light bulb), Orville and budget surplus is reinvested in supporting health movement, and, in the late the association’s mission through services, Wilbur Wright (first in flight), Henry including charity care, adult day care cen- 1800s, VNA responsiveness meant run- Timken (roller bearings), Charles Kettering ters, wellness clinics, Meals-on-Wheels, and ning milk banks, combating infectious (automobile starter), Charles Goodyear immunization programs; diseases, and providing care for the (process of vulcanizing rubber), Garrett Mor- Whereas visiting nurse associations and poor during massive influenza gan (traffic light), and Roy Plunkett (Teflon) other nonprofit home health agencies care epidemics. Today, that same respon- created the basis for modern living as we for the highest percentage of terminally ill siveness means caring for the depend- know it; and bedridden patients; ent elderly, the chronically disabled, Whereas Ohio, ‘‘The Birthplace of Avia- tion’’, has been home to 24 astronauts, in- Whereas thousands of visiting nurse asso- and the terminally ill—some of our ciation volunteers across the Nation devote cluding John Glenn, Neil Armstrong, and Ju- time serving as individual agency board most vulnerable citizens—and pro- dith Resnick; members, raising funds, visiting patients in viding high-tech services previously Whereas Ohio has a rich sports tradition their homes, assisting in wellness clinics, provided in hospitals, such as venti- and has produced many sports legends, in- and delivering meals to patients; lator care, blood transfusions, pain cluding Annie Oakley, Jesse Owens, Cy Whereas the establishment of an annual management and home chemotherapy. Young, Jack Nicklaus, and Nancy Lopez; National Visiting Nurse Association Week Health care has gone full circle. Pa- Whereas Ohio has produced many distin- would increase public awareness of the char- tients are spending less time in the guished writers, including Harriet Beecher ity-based missions of visiting nurse associa- Stowe, Paul Laurence Dunbar, Toni Morri- hospital. More and more procedures are son, and James Thurber; tions and of their ability to meet the needs being done on an outpatient basis, and of chronically ill and disabled individuals Whereas the agriculture and agribusiness who prefer to live at home rather than in a recovery and care for patients with industry is and has long been the number one nursing home, and would spotlight preven- chronic diseases and conditions has in- industry in Ohio, contributing $73,000,000,000 tive health clinics, adult day care programs, creasingly been taking place in the annually to Ohio’s economy and employing 1 and other customized wellness programs that home. Moreover, the number of Ameri- in 6 Ohioans, and that industry’s tens of meet local community needs; and cans who are chronically ill or disabled thousands of Ohio farmers and 14,000,000 Whereas the second week in May is an ap- acres of Ohio farmland feed the people of the in some way continues to grow each State, the Nation, and the world; propriate week to establish as national Vis- year. Once again, VNAs are making a iting Nurse Association Week: Now, there- Whereas the enduring manufacturing econ- critical difference, providing com- 1 fore, be it omy of Ohio is responsible for ⁄4 of Ohio’s Resolved by the Senate (the House of Rep- prehensive home health services and Gross State Product, provides over one mil- resentatives concurring), That Congress— caring support to patients and their lion well-paying jobs to Ohioans, exports (1) designates the second week in May each families across the country $26,000,000,000 in products to 196 countries, year as ‘‘National Visiting Nurse Association There currently are approximately and provides over $1,000,000,000 in tax reve- Week’’; and 500 VNAs nationwide. Through these nues to local schools and governments; (2) requests that the President issue a Whereas Ohio is home to over 140 colleges exceptional organizations, 90,000 clini- and universities which have made significant proclamation calling upon the people of the cians dedicate their lives to bringing United States to observe the week with ap- contributions to the intellectual life of the propriate ceremonies and activities. health care into the homes of an esti- State and Nation, and continued investment Ms. COLLINS. Mr. President, I am mated three million Americans every in education is Ohio’s promise to future eco- pleased to join my colleague from Wis- year. VNAs are truly the heart of home nomic development in the ‘‘knowledge econ- omy’’ of the 21st century; consin, Senator RUSS FEINGOLD, in sub- care in this country today, and it is time for Congress to recognize the vital Whereas, from its inception, Ohio has been mitting a resolution to establish an an- a prime destination for people from all cor- nual National Visiting Nurse Associa- services that visiting nurses provide to ners of the world, and the rich cultural and tions Week in honor of these health their patients and their families. I urge ethnic heritage that has been interwoven care heroes who are dedicated to serv- my colleagues to join Senator FEIN- into the spirit of the people of Ohio and that ice in the ultimate caring profession. GOLD and me in cosponsoring this reso- enriches Ohio’s communities and the quality The Visiting Nurse Associations, lution establishing an annual National of life of its residents is both a tribute to, Visiting Nurse Associations’ Week. and representative of, the Nation’s diversity; VNAs, of today are founded on the Whereas Ohio will begin celebrations com- principle that people who are sick, dis- memorating its bicentennial on March 1, abled and elderly benefit most from SENATE CONCURRENT RESOLU- 2003, in Chillicothe, the first capital of Ohio; health care when it is offered in their TION 9—RECOGNIZING AND CON- Whereas the bicentennial celebrations will own homes. Home care is an increas- GRATULATING THE STATE OF include Inventing Flight in Dayton (cele- ingly important part of our health care OHIO AND ITS RESIDENTS ON brating the centennial of flight), Tall Ships system today. The kinds of highly THE OCCASION OF THE BICEN- on Lake Erie, Tall Stacks on the Ohio River, skilled—and often technically com- TENNIAL OF ITS FOUNDING Red, White, and Bicentennial Boom in Co- lumbus, and the Bicentennial Wagon Train plex—services that the VNAs provide Mr. VOINOVICH (for himself and Mr. across the State; have enabled millions of our most frail DEWINE) submitted the following con- Whereas Ohio residents will celebrate 2003 and vulnerable patients to avoid hos- current resolution; which was referred as the 200th anniversary of Ohio’s founding: pitals and nursing homes and stay just to the Committee on the Judiciary: Now, therefore, be it

VerDate Mar 15 2010 21:55 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2003SENATE\S25FE3.REC S25FE3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S2714 CONGRESSIONAL RECORD — SENATE February 25, 2003 Resolved by the Senate (the House of Rep- mittee on Energy and Natural Re- The hearing will take place in room resentatives concurring), That Congress— sources be authorized to meet during 216 of the Hart Senate Office Building (1) recognizes and congratulates Ohio and the session of the Senate on Tuesday, at 2 p.m. its residents for their important contribu- February 25 at 10:00 a.m. to consider The PRESIDING OFFICER. Without tions to the economic, social, and cultural development of the United States on the oc- the President’s proposed FY 2004 budg- objection, it is so ordered. casion of the bicentennial of the founding of et for the Department of Energy. SELECT COMMITTEE ON INTELLIGENCE the State of Ohio; and The PRESIDING OFFICER. Without Mr. HATCH. Mr. President, I ask (2) directs the Secretary of the Senate to objection, it is so ordered. unanimous consent that the Select transmit a copy of this concurrent resolu- COMMITTEE ON ENERGY AND NATURAL Committee on Intelligence be author- tion to the Governor of Ohio. RESOURCES ized to meet during the session of the f Mr. HATCH. Mr. President, I ask Senate on Tuesday, February 25, 2003 at NOTICES OF HEARINGS/MEETINGS unanimous consent that the Com- 2:30 p.m. to hold a closed hearing. mittee on Energy and Natural Re- The PRESIDING OFFICER. Without COMMITTEE ON ENERGY AND NATURAL sources be authorized to meet during RESOURCES objection, it is so ordered. the session of the Senate on Tuesday, SUBCOMMITTEE ON NATIONAL PARKS SUBCOMMITTEE ON AVIATION February 25 at 2:00 p.m. to receive tes- Mr. HATCH. Mr. President, I ask Mr. THOMAS. Mr. President, I would timony regarding natural gas supply like to announce for the information of unanimous consent that the Sub- and prices. committee on Aviation be authorized the Senate and the public that the fol- The PRESIDING OFFICER. Without to meet on Tuesday, February 25, 2003, lowing hearing has been scheduled be- objection, it is so ordered. fore the Committee on Energy and Nat- at 9:30 a.m. on FAA reauthorization- COMMITTEE ON FOREIGN RELATIONS ural Resources. airport financing. Mr. HATCH. Mr. President, I ask The hearing will be held on Tuesday, The PRESIDING OFFICER. Without unanimous consent that the Com- March 4th at 2:30 p.m. in Room SD–366. objection, it is so ordered. mittee on Foreign Relations be author- The purpose of this hearing is to re- ized to meet during the session of the f ceive testimony on S. 164, a bill to au- Senate on Tuesday, February 25, 2003, PRIVILEGE OF THE FLOOR thorize the Secretary of the Interior to at 9:30 a.m., to hold a hearing on The conduct a special resource study of Mr. TALENT. I ask unanimous con- State of the World Report on Hunger. sites associated with the life of Ce´sar sent that a member of my staff, Chris- Estrada Cha´ vez and the farm labor AGENDA topher Papagianis, be granted floor privileges. movement; S. 328 a bill to designate Witnesses: Catoctin Mountain Park in the State The PRESIDING OFFICER. Without of Maryland as the ‘‘Catoctin Mountain Panel 1: Mr. James T. Morris, Execu- objection, it is so ordered. National Recreation Area’’, and for tive Director, The World Food Pro- f other purposes; S. 347 a bill to direct gram, United Nations, Rome, Italy; and the Secretary of the Interior and the The Honorable Andrew S. Natsios, Ad- DISCHARGE AND REFERRAL—S. Secretary of Agriculture to conduct a ministrator, U.S. Agency for Inter- RES. 65 AND S. 389 joint special resources study to evalu- national Development, Department of Mr. TALENT. Mr. President, I ask ate the suitability and feasibility of es- State, Washington, DC. unanimous consent that the Judiciary tablishing the Rim of the Valley Cor- Panel 2: Ms. Ellen S. Levinson, Gov- Committee be discharged from further ridor as a unit of the Santa Monica ernment Relations Director, action on S. Res. 65 and that the mat- Mountains National Recreation Area, Cadwalader, Wickersham & Taft, Wash- ter be referred to the Committee on and for other purposes; S. 425 a bill to ington, DC; Mr. Ken Hackett, Execu- Rules and Administration. revise the boundary of the Wind Cave tive Director, Catholic Relief Services, The PRESIDING OFFICER. Without National Park in the State of South Baltimore, MD; and Dr. Joachim Von objection, it is so ordered. Dakota. Braun, Director General, The Inter- Mr. TALENT. Mr. President, I ask Because of the limited time available national Food Policy Research Insti- unanimous consent that the Finance for the hearings, witnesses may testify tute, Washington, DC. Committee be discharged from further by invitation only. However, those The PRESIDING OFFICER. Without consideration of S. 389 and that the bill wishing to submit written testimony objection, it is so ordered. be referred to the Committee on for the hearing record should send two COMMITTEE ON INDIAN AFFAIRS Health, Education, Labor, and Pen- copies of their testimony to the Com- Mr. HATCH. Mr. President, I ask sions. mittee on Energy and Natural Re- unanimous consent that the Com- The PRESIDING OFFICER. Without sources, United States Senate, SD–364, mittee on Indian Affairs be authorized objection, it is so ordered. Washington, D.C. 20510–6150. to meet on Tuesday, February 25, 2003, f For further information, please con- at 9:30 a.m., in Room 485 of the Russell tact: Tom Lillie (202–224–5161) or Pete Senate Office Building to conduct a REMOVAL OF INJUNCTION OF SE- Lucero (202–224–6293). hearing on S. 344, a bill expressing the CRECY—TREATY DOCUMENT 108–3 f policy of the United States regarding Mr. TALENT. Mr. President, as in ex- the United States relationship with ecutive session, I ask unanimous con- AUTHORITY FOR COMMITTEES TO Native Hawaiians and to provide a sent that the injunction of secrecy be MEET process for the recognition by the removed from the following treaty COMMITTEE ON ARMED SERVICES United States of the Native Hawaiian transmitted to the Senate on February Mr. HATCH. Mr. President, I ask governing entity, and for other pur- 25, 2003, by the President of the United unanimous consent that the Com- poses. States: Second Additional Protocol mittee on Armed Services be author- The PRESIDING OFFICER. Without Modifying Convention with Mexico Re- ized to meet during the session of the objection, it is so ordered. garding Double Taxation and Preven- Senate on Tuesday, February 25, 2003, COMMITTEE ON VETERANS’ AFFAIRS tion of Fiscal Evasion, Treaty Docu- at 9:30 a.m., in open and closed session, Mr. HATCH. Mr. President, I ask ment No. 108–3. I further ask unani- to receive testimony on the defense au- unanimous consent that the Com- mous consent that the treaty be con- thorization request for fiscal year 2004 mittee on Veterans’ Affairs be author- sidered as having been read the first and the future years defense program. ized to meet during the session of the time; that it be referred, with accom- The PRESIDING OFFICER. Without Senate on Tuesday, February 25, 2003, panying papers, to the Committee on objection, it is so ordered. for a joint hearing with the House of Foreign Relations and ordered to be COMMITTEE ON ENERGY AND NATURAL Representatives’ Committee on Vet- printed; and that the President’s mes- RESOURCES erans’ Affairs, to hear the legislative sage be printed in the RECORD. Mr. HATCH. Mr. President, I ask presentation of the Disabled American The PRESIDING OFFICER. Without unanimous consent that the Com- Veterans. objection, it is so ordered.

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BRIAN E. ANSELMAN, OF TEXAS The message of the President is as the Senate, I ask unanimous consent SARAH LABARRE ANTHES, OF VIRGINIA follows: that the Senate stand in adjournment MARY SUZANNE ARCHULETA, OF COLORADO ROCHELLE MARIE BALOUGH, OF VIRGINIA To the Senate of the United States: under the previous order. WILLIAM R. BARBER, OF MASSACHUSETTS I transmit herewith for Senate advice There being no objection, the Senate, DAVID C. BARNES, OF VIRGINIA at 6:57 p.m., adjourned until Wednes- CHRISTOPHER ALBERT BARON, OF HAWAII and consent to ratification, the Second GINA M. BEANE, OF VIRGINIA day, February 26, 2003, at 9:30 a.m. CLIFF R. BETTS, OF VIRGINIA Additional Protocol that Modifies the CHRISTOPHER WATKINS BISHOP, OF MISSISSIPPI Convention Between the Government f MATTHEW ANDREW BOCKNER, OF THE DISTRICT OF CO- LUMBIA of the United States of America and NOMINATIONS SUZANNE L. BODOIN, OF MASSACHUSETTS the Government of the United Mexican PATRICIA A. BONOCORA, OF VIRGINIA Executive nominations received by WALTER BRAUNOHLER, OF MICHIGAN States for the Avoidance of Double the Senate February 25, 2003: LAURA J. BROWN, OF VIRGINIA Taxation and the Prevention of Fiscal RACHEL BRUNETTE, OF CALIFORNIA NATIONAL COUNCIL ON DISABILITY DOUGLAS CAREY, OF NEW MEXICO Evasion with Respect to Taxes on In- VINAY CHAWLA, OF NEW JERSEY come, signed at Mexico City on Novem- ANNE RADER, OF VIRGINIA, TO BE A MEMBER OF THE LIZA K. CHING, OF CALIFORNIA NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIR- AMY L. CHRISTIANSON, OF VIRGINIA ber 26, 2002. I also transmit, for the in- ING SEPTEMBER 17, 2004, VICE KATE PEW WOLTERS, MICHAEL A. CLASSICK, OF OREGON TERM EXPIRED. MICHAEL CLAUSEN, OF NEW YORK formation of the Senate, the report of CAROLYN HOPE COBERLY, OF THE DISTRICT OF COLUM- the Department of State concerning UNITED STATES TAX COURT BIA DIANE L. KROUPA, OF MINNESOTA, TO BE A JUDGE OF ANNE SOPHIE COLEMAN, OF ILLINOIS the proposed Protocol. CHRISTINA K. COLLINS, OF VIRGINIA THE UNITED STATES TAX COURT FOR A TERM OF FIF- PATRICK DANIEL CONNELL, OF MASSACHUSETTS The Convention, as amended by the TEEN YEARS, VICE ROBERT P. RUWE, TERM EXPIRED. ROSE CHUPKA COOKMAN, OF VIRGINIA MARK VAN DYKE HOLMES, OF NEW YORK, TO BE A proposed Protocol, would be similar to PAUL M. CUNNINGHAM, OF CONNECTICUT JUDGE OF THE UNITED STATES TAX COURT FOR A TERM DAVID J. DALY, OF VIRGINIA tax treaties between the United States OF FIFTEEN YEARS, VICE JULIAN L. JACOBS, TERM EX- SARAH R. DELL, OF VIRGINIA PIRED. and other developed nations. It would LOREN DENT, OF VIRGINIA provide maximum rates of tax to be ap- DEPARTMENT OF STATE MARSHALL CLARK DERKS, OF VIRGINIA REBEKAH DRAME, OF CALIFORNIA plied to various types of income and GREGORY W. ENGLE, OF COLORADO, A CAREER MEM- SUNNYE C. DURHAM, OF VIRGINIA protection from double taxation of in- BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- T. ALAN ELROD, OF WYOMING ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- SARAH R. ELSBERG, OF COLORADO come. The Protocol was concluded in DINARY AND PLENIPOTENTIARY OF THE UNITED STATES TIMOTHY EYDELNANT, OF NEW YORK recognition of the importance of the OF AMERICA TO THE TOGOLESE REPUBLIC. ERIC G. FLAXMAN, OF TEXAS ERIC S. EDELMAN, OF VIRGINIA, A CAREER MEMBER OF MORGAN LYNN FLO, OF VIRGINIA United States economic relations with THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- PETER JAMES GANSER, OF VIRGINIA Mexico. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND THOMAS GARCIA, OF VIRGINIA PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA MATTHEW GARDNER, OF THE DISTRICT OF COLUMBIA I recommend that the Senate give TO THE REPUBLIC OF TURKEY. ERIC GEELAN, OF NEW YORK KATHLEEN D. GIBILISCO, OF CALIFORNIA early and favorable consideration to FOREIGN SERVICE this Protocol, and that the Senate give JOHN H. GIMBEL IV, OF NEVADA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF JENNIFER CORNEY GOFF, OF VIRGINIA its advice and consent to ratification. CLASS THREE, CONSULAR OFFICER AND SECRETARY IN DIANE G. GORDON, OF MARYLAND THE DIPLOMATIC SERVICE OF THE UNITED STATES OF NIKOLAS E. GRANGER, OF WASHINGTON f AMERICA: CHRISTOPHER R. GREEN, OF TEXAS TRAVER GUDIE, OF ARIZONA ORDERS FOR WEDNESDAY, DEPARTMENT OF STATE JONATHAN ALEXANDER HABJAN, OF CALIFORNIA JASON EDWARD HAHN, OF NEW YORK FEBRUARY 26, 2003 LOUISE BRANDT BIGOTT, OF ILLINOIS CHARLES JEFFREY HAMILTON, OF UTAH FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF DARRIEN SCOTT HANEY, OF TEXAS Mr. TALENT. Mr. President, I ask CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN RICHARD F. HANRAHAN JR., OF ILLINOIS unanimous consent that when the Sen- THE DIPLOMATIC SERVICE OF THE UNITED STATES OF GARY HARRINGTON, OF KENTUCKY AMERICA: MICHAEL V. HAYDEN JR., OF VIRGINIA ate completes its business today, it LESLIE DIANE HEATH, OF TEXAS stand in adjournment until 9:30 a.m., DEPARTMENT OF STATE INGA HEEMINK, OF TEXAS LAWRENCE R. HENDERSON, OF VIRGINIA Wednesday, February 26. I further ask JESSAMYN FAY ALLEN, OF TEXAS ROBERT C. HOBACK, OF VIRGINIA unanimous consent that following the ARNALDO ARBESU ARBESU JR., OF FLORIDA ELEANOR C. HODGES, OF VIRGINIA DAVID ASHLEY BAGWELL JR., OF ALABAMA ROBERT F. HOMMOWUN, OF CALIFORNIA prayer and pledge, the morning hour be GREGORY W. BAYER, OF CONNECTICUT D. IAN HOPPER, OF VIRGINIA deemed expired, the Journal of pro- MITCHELL PETER BENEDICT, OF VIRGINIA AARON E. HUDSON, OF VIRGINIA NICHOLAS RICHARD BERLINER, OF CONNECTICUT JOHN J. IBARRA, OF TEXAS ceedings be approved to date, the time AUDU MARK E. BESMER, OF CONNECTICUT ROBERT M. JENKINS, OF VIRGINIA for the two leaders be reserved for their LEE RUST BROWN, OF UTAH JOHN E. JOHNSON, OF WASHINGTON AMY CHRISTINE CARLON, OF TEXAS KAREN M. JOYCE, OF CALIFORNIA use later in the day, and the Senate re- ELIZABETH EMILY DETTER, OF MARYLAND DEBORAH J. KANAREK, OF CALIFORNIA turn to executive session and resume ROBERT ANDREW DICKSON III, OF VIRGINIA JAMES DAVID KAY, OF WASHINGTON MATTHEW S. DOLBOW, OF CONNECTICUT MARK EVANS KENDRICK, OF TEXAS consideration of the nomination of J. BRIAN DUGGAN, OF TEXAS WENDY ANNE KENNEDY, OF WASHINGTON Miguel Estrada to be a circuit judge for JOHN LEE ESPINOZA, OF TEXAS BRIAN P. KLEIN, OF VIRGINIA JAMES DOUGLAS FELLOWS, OF MARYLAND STEPHEN CHRISTIAN KOCHUBA, OF PENNSYLVANIA the DC Circuit. ROBERT WILLIAM GERBER, OF NORTH CAROLINA ERIN ELIZABETH KOTHEIMER, OF NEW YORK The PRESIDING OFFICER. Without CYNTHIA F. GREGG, OF WASHINGTON SANDRA ANNE LABARGE, OF WASHINGTON KEITH LEE HEFFERN, OF VIRGINIA SARAH LAGIER, OF VIRGINIA objection, it is so ordered. J. DENVER HERREN, OF OKLAHOMA MICHAEL LARRALDE, OF VIRGINIA WILLIAM DENNIS HOWARD, OF CALIFORNIA RACHEL LEATHAM, OF THE DISTRICT OF COLUMBIA f NATHANIEL GRAHAM JENSEN, OF NEW HAMPSHIRE ROSABELLE T. LEGRAND, OF VIRGINIA WILLIAM B. JOHNSON, OF FLORIDA AMY CATHERINE LENK, OF MINNESOTA PROGRAM ROBERT E. KEMP, OF TEXAS JAMES V. LIDDLE, OF THE DISTRICT OF COLUMBIA HELEN GRACE LAFAVE, OF NEW HAMPSHIRE AARON LUSTER, OF ARKANSAS Mr. TALENT. Mr. President, on be- MICHAEL JOHN LAYNE, OF NEW YORK KENNETH R. MAYER, OF VIRGINIA half of the majority leader, and for the THOMAS ERIC LERSTEN, OF VIRGINIA TIFFANY LAVERN MCGRIFF, OF NEW JERSEY AMY MARIE MASON, OF MAINE PATRICIA ANN MEEKS, OF VIRGINIA information of all Senators, tomorrow MIKAEL C. MCCOWAN, OF NEW YORK TETA MARIA MOEHS, OF VIRGINIA the Senate will begin its 10th day of KIMBERLY A. MCDONALD, OF VIRGINIA DANIELLE MONOSSON, OF CALIFORNIA JONATHAN ROBERT MENNUTI, OF VIRGINIA MICHAEL J. MORELL, OF VIRGINIA consideration of the Estrada nomina- JOAQUIN MONSERRATE-PENAGARICANO, OF FLORIDA NINA MORRIS, OF THE DISTRICT OF COLUMBIA tion. Unfortunately, my colleagues on GLENN CARLYLE NYE III, OF VIRGINIA MICHAEL A. MULIERI, OF MARYLAND JENNIFER L. RASAMIMANANA, OF CALIFORNIA NICHOLAS S. NAMBA, OF CONNECTICUT the other side of the aisle continue to ARLISS MERRITT REYNOLDS, OF ARIZONA BRIANA LEIGH OLSEN, OF WASHINGTON prevent us from proceeding to a final KAREN E. ROBBLEE, OF NEW YORK SUSAN M. ORR, OF MARYLAND ROBERT C. RUEHLE, OF NEW YORK CLARE O’SULLIVAN, OF VIRGINIA vote on this extremely talented and EUGENIA MARIA SIDEREAS, OF ILLINOIS DANTE PARADISO, OF MASSACHUSETTS well-qualified nominee. The majority LONNIE REECE SMYTH JR., OF TEXAS CAROLINE G. PERKINS, OF VIRGINIA CAROL J. VOLK, OF NEW YORK LAURA SUZANNE PERKINS, OF THE DISTRICT OF COLUM- leader has said Members should prepare AMY HART VRAMPAS, OF FLORIDA BIA for full days and evenings as we hope to CHARLES A. WINTERMEYER JR., OF WASHINGTON AMANDA PILZ, OF CALIFORNIA KAMI ANN WITMER, OF PENNSYLVANIA JOSEPH PORTO, OF VIRGINIA bring to a close debate on this nomina- JENNIFER FOREST YANG, OF CALIFORNIA LINDA J. POTOTSKY, OF VIRGINIA tion. Rollcall votes are, therefore, ex- ZAID ABDULLAH ZAID, OF MARYLAND JAMES H. POTTS, OF VIRGINIA THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN SUZANA PSENICNIK, OF CALIFORNIA pected during tomorrow’s session. SERVICE OF THE DEPARTMENT OF STATE AND COM- MICHELE RAFFINO, OF VIRGINIA JAY R. RAMAN, OF THE DISTRICT OF COLUMBIA f MERCE TO BE CONSULAR OFFICERS AND/OR SECRE- TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED CHRISTOPHER RICHARD REYNOLDS, OF NEW JERSEY STATES OF AMERICA, AS INDICATED: JENNIFER THERESA ROBINSON, OF VIRGINIA ADJOURNMENT UNTIL 9:30 A.M. CONSULAR OFFICERS AND SECRETARIES IN THE DIP- CARLOS G. SALAS, OF VIRGINIA TOMORROW LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: AARON BEERS SAMPSON, OF MINNESOTA JOSEPH KEIJI SAUS, OF VIRGINIA Mr. TALENT. Mr. President, if there MARC SAMUEL ABRAMSON, OF MASSACHUSETTS JULIE P. SEIBERT, OF THE DISTRICT OF COLUMBIA JOHN GRAHAM ALEXANDER, OF VIRGINIA TARYN L. SEYER, OF VIRGINIA is no further business to come before STEFANIE RAQUEL ALTMAN, OF VIRGINIA THEODORE J. SILVER, OF VIRGINIA

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BARRY W. SLIWINSKI, OF MARYLAND IN THE AIR FORCE REX E. ADEE, 0000 JEFFREY B. SMITH, OF TEXAS KEVIN P. ADELSEN, 0000 ALEXANDRIA MAURY STABLER, OF NEW YORK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANDREW J. ADRIAN, 0000 CHAD I. STEVENS, OF THE DISTRICT OF COLUMBIA TO THE GRADE INDICATED IN THE UNITED STATES AIR ROY ALAN C. AGUSTIN, 0000 JACK D. SUGARMAN, OF VIRGINIA FORCE UNDER TITLE 10, U.S.C., SECTION 624: STEPHEN AHRENS, 0000 DAVID S. SYRVALIN, OF VIRGINIA DERRICK A. AIKEN, 0000 NILS E. TALBOT, OF VIRGINIA To be colonel ARCADIO ALANIZ JR., 0000 SUSAN R. ALANIZ, 0000 ERIC H. TRAUPE, OF VIRGINIA JOYCE A. ADKINS, 0000 TERESA M. ALESCH, 0000 NATHANIEL S. TURNER, OF MARYLAND DOUGLAS A. APSEY, 0000 JAMES E. ALEXANDER, 0000 SONIA FRANCELA URBOM, OF WASHINGTON RICHARD A. ASHWORTH, 0000 WILLIAM S. ALEXANDER, 0000 CALVIN F. VAN OURKERK, OF WASHINGTON JEFFREY L. BRYANT, 0000 ALEE R. ALI, 0000 NEAL VERMILLION, OF WISCONSIN MARIEJOCELYNE CHARLES, 0000 RODGER C. ALLEM, 0000 MICHAEL A. VIA, OF ARIZONA ALAN L. DOERMAN, 0000 DIANE BREIVIK ALLEN, 0000 ERIKA VILLEGAS, OF THE DISTRICT OF COLUMBIA HOWARD T. HAYES, 0000 JAMES T. ALLEN, 0000 TANYA GANT WARD, OF WASHINGTON KIRK C. MAYNARD, 0000 JENNIFER D. WASHELESKI, OF THE DISTRICT OF COLUM- JONAS C. ALLMAN, 0000 ANTHONY F. OKOREN JR., 0000 MATTHEW G. ANDERER, 0000 BIA THOMAS M. RICE, 0000 DRAKE WEISERT, OF VIRGINIA WILLIAM D. ANDERSEN, 0000 PHIL L. SAMPLES, 0000 ALBERT J. ANDERSON, 0000 ADAM P. WEST, OF ILLINOIS SEAN P. SCULLY, 0000 WILLIAM WARTHEN WHITAKER, OF ALASKA BRUCE P. ANDERSON, 0000 DANNY G. SEANGER, 0000 DAVID J. ANDERSON, 0000 DAVID SIDNEY WILLIAMS, OF CALIFORNIA STEVEN A. WILSON, 0000 KENNETH E. WILLIAMS, OF VIRGINIA DAVID T. ANDERSON, 0000 DALE RICHARD WRIGHT, OF CALIFORNIA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DONALD R. ANDERSON, 0000 NOELLE O. WRIGHT-YOUNG, OF MARYLAND TO THE GRADE INDICATED IN THE UNITED STATES AIR EUGENE S. ANDERSON, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED JEFFREY L. ANDERSON, 0000 THE FOLLOWING-NAMED CAREER MEMBERS OF FOR- BY AN ASTERISK (*) UNDER TITLE 10, U.S.C., SECTIONS 624 JOHN H. ANDERSON, 0000 JON K. ANDERSON, 0000 EIGN SERVICE OF THE DEPARTMENT OF STATE FOR PRO- AND 531: MOTION IN THE SENIOR FOREIGN SERVICE TO THE CLASS THEODORE B. ANDERSON, 0000 INDICATED: To be lieutenant colonel THOMAS M. ANDERSON, 0000 CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, TIMOTHY A. ANDERSON, 0000 CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND PAUL L. CANNON, 0000 TIMOTHY J. ANDERSON, 0000 SECRETARIES IN THE DIPLOMATIC SERVICE OF THE CHARLES N. DAVIDSON, 0000 TERENCE S. ANDRE, 0000 UNITED STATES OF AMERICA: NORMAN DESROSIERS JR., 0000 MICHAEL J. ANGWIN, 0000 IRA M. FLAX, 0000 RICHARD J. ANTOLIK JR., 0000 DEPARTMENT OF STATE ROBERT A. GALLAGHER, 0000 TIMOTHY M. APPLEGATE, 0000 DANA E. GROVER, 0000 BRENDA S. ARMSTRONG, 0000 WALTER B. DEERING, OF FLORIDA RICHARD M. HALL, 0000 DIANE M. ARNOLD, 0000 GARY S. * LINSKY, 0000 MICHAEL J. ARNOLD, 0000 CAREER MEMBER OF THE SENIOR FOREIGN SERVICE MICHAEL J. LOVETT, 0000 MARVIN A. AROSTEGUI, 0000 OF THE UNITED STATES OF AMERICA, CLASS OF COUN- STEVEN A. SCHAICK, 0000 WILLIAM C. ARTHUR, 0000 SELOR: CASSANDRA O. THOMAS, 0000 CHRISTINE H. ASHENFELTER, 0000 DEPARTMENT OF STATE RONALD UNDERWOOD, 0000 JOHN M. ASKEW, 0000 CHERRI S. WHEELER, 0000 CHRISTOPHER L. ATTEBERRY, 0000 KATHLEEN HATCH ALLEGRONE, OF VIRGINIA FRANK A. YERKES JR., 0000 GREG H. AULD, 0000 KURT L. AUSTIN, 0000 THE FOLLOWING-NAMED CAREER MEMBER OF THE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK A. AUSTIN, 0000 SENIOR FOREIGN SERVICE OF THE AGENCY FOR INTER- TO THE GRADE INDICATED IN THE UNITED STATES AIR MARK A. AVERY, 0000 NATIONAL DEVELOPMENT FOR PROMOTION WITHIN THE FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED DAVID S. BABYAK, 0000 SENIOR FOREIGN SERVICE TO THE CLASS INDICATED: BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS STEVEN E. BACHELOR, 0000 CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE 624 AND 531: DAVID M. BACHLER, 0000 OF THE UNITED STATES OF AMERICA, CLASS OF CA- To be lieutenant colonel KENNETH W. BACKES, 0000 REER-MINISTER: THOMAS N. BAILEY, 0000 TONI CHRISTIANSEN-WAGNER, OF COLORADO MARTIN ALEXIS, 0000 MARK A. BAIRD, 0000 RONNY G. ALFORD, 0000 MATTHEW C. BAKER, 0000 CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE DANIEL H. ATCHLEY, 0000 CHRISTOPHER P. BAKKE, 0000 OF THE UNITED STATES OF AMERICA, CLASS OF MIN- STEVEN E. BLACK, 0000 REGIS J. BALDAUFF, 0000 ISTER-COUNSELOR: STEVEN J. BYRNES, 0000 DAVID D. BALDESSARI, 0000 ANNE H. AARNES, OF WASHINGTON PATRICK J. CLARK, 0000 RICHARD L. BALTES, 0000 HILDA MARIE ARELLANO, OF TEXAS JANELLE E. COSTA, 0000 MATTHEW W. BAMPTON, 0000 LILIANA AYALDE, OF MARYLAND STEVEN D. DAMANDA, 0000 NEAL L. BANIK, 0000 JONATHAN M. CONLY, OF VIRGINIA ROBERT A. DAWSON, 0000 DARWYN O. BANKS, 0000 J. MICHAEL DEAL, OF CALIFORNIA JAMES H. DIENST, 0000 GEORGE A. BARBER JR., 0000 KENNETH C. ELLIS, OF VIRGINIA TRACY G. DILLINGER, 0000 DIETER E. BAREIHS, 0000 DAWN M. LIBERI, OF FLORIDA DEBORAH A. DOWNES, 0000 JAMES E. BARGER, 0000 KIERTISAK TOH, OF VIRGINIA DAVID DUQUE, 0000 DAVID R. BARKDULL, 0000 RICHARD W. FARNUM, 0000 BARRY K. BARKER, 0000 KAREN L. BARLOW, 0000 THE FOLLOWING-NAMED CAREER MEMBERS OF THE JERRI L. FLETCHER, 0000 THOMAS E. BARRETT III, 0000 FOREIGN SERVICE OF THE AGENCY FOR INTERNATIONAL JOSE M. FONSECA RIVERA, 0000 WILLIAM M. BARRETT, 0000 DEVELOPMENT FOR PROMOTION INTO THE SENIOR FOR- PAUL R. GARDETTO, 0000 GEORGE C. BARTH, 0000 EIGN SERVICE TO THE CLASS INDICATED: JEFFREY C. GILLEN, 0000 ALEXANDER R. BARTHE, 0000 CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE FRANK A. GLENN, 0000 FRANCESCA BARTHOLOMEW, 0000 OF THE UNITED STATES OF AMERICA, CLASS OF COUN- FRANK J. GODSHALL, 0000 PHILIP J. BARTON, 0000 SELOR: MARY K. * GOOD, 0000 ALAN J. BARYS, 0000 DAVID RUSSELL ADAMS, OF VIRGINIA LARRY D. GUDGEL, 0000 EDWARD J. BASNETT, 0000 JONATHAN STUART ADDLETON, OF FLORIDA ROBERT C. HALL, 0000 HARIDEV S. BASUDEV, 0000 DARRYL T. BURRIS, OF FLORIDA DAVID A. HAMMIEL, 0000 RONALD J. BATTERSBY, 0000 LETITIA KELLY BUTLER, OF TEXAS JAMES T. HARCARIK, 0000 KENNETH J. BAUER, 0000 PAUL G. EHMER, OF WASHINGTON KAREN M. HOUSE, 0000 MICHAEL J. BAUER, 0000 PATRICK C. FLEURET, OF VIRGINIA JEFFERY A. JOHNSON, 0000 PAUL D. BAUER, 0000 WILLIAM HAMMINK, OF FLORIDA WILLIAM A. KIEFFER, 0000 JAMES R. BAUMGARDNER, 0000 DAVID WILLIAMS HESS, OF CALIFORNIA MICHAEL T. KINDT, 0000 PATRICK J. BAUMHOVER, 0000 JAY KNOTT, OF OREGON ANDREA R. KRULL, 0000 EDWIN S. BAYBA, 0000 HARRY M. LIGHTFOOT SR., OF MARYLAND RANDALL L. * LANGSTEN, 0000 JOHN T. BAYNES JR., 0000 ALEXANDRIA LEE PANEHAL, OF OHIO WENDY M. LARSON, 0000 LONNY E. BEAL, 0000 RUDOLPH THOMAS, OF VIRGINIA SUBRINA V. S. LINSCOMB, 0000 ALAN K. BEATY, 0000 ANTHONY N. VANCE, OF VIRGINIA MEGAN MCCORMICK, 0000 JOHN P. BEAUCHEMIN, 0000 PAUL E. WEISENFELD, OF THE DISTRICT OF COLUMBIA NAOMI P. MCMILLAN, 0000 THOMAS BECHT, 0000 PAMELA A. WHITE, OF VIRGINIA JAMES A. MULLINS, 0000 ROBERT D. BECKEL JR., 0000 TIMOTHY D. * NELSON, 0000 DAVID T. BECKWITH, 0000 THE FOLLOWING-NAMED CAREER MEMBER OF THE HANS V. RITSCHARD, 0000 MARK BEDNAR, 0000 FOREIGN SERVICE OF THE AGENCY FOR INTERNATIONAL CHRISTOPHER S. ROBINSON, 0000 MARY A. BEHNE, 0000 DEVELOPMENT FOR PROMOTION INTO THE SENIOR FOR- JOSEPH S. ROGERS, 0000 THOMAS W. BEHNKE, 0000 EIGN SERVICE TO THE CLASS INDICATED: SHELIA P. SCOTT NEUMANN, 0000 JON A. BELIVEAU, 0000 CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, SCOTT C. G. SHEPARD, 0000 GARY W. BELL, 0000 CLASS OF COUNSELOR, AND CONSULAR OFFICER AND LEE D. SHIBLEY, 0000 DONALD F. BELLINGHAUSEN, 0000 SECRETARY IN THE DIPLOMATIC SERVICE OF THE ROBERT L. TAYLOR JR., 0000 BARRY D. BENNETT JR., 0000 UNITED STATES OF AMERICA: ANGELA V. THRASHER, 0000 CLAY BENTON, 0000 EDWARD W. BIRGELLS, OF TEXAS JOSEPH G. WEAVER, 0000 CHRISTOPHER A. BERES, 0000 PATRICIA K. WELCH, 0000 BRETT E. BERG, 0000 IN THE COAST GUARD KRISTA K. WENZEL, 0000 CRAIG N. BERG, 0000 KERSHAW L. WESTON, 0000 MITCH L. BERGER, 0000 UNDER SECTION 188, TITLE 14, U.S. CODE, THE FOL- PAUL G. WILSON, 0000 WILLIE A. BERGES, 0000 LOWING NAMED OFFICERS OF THE UNITED STATES JEROME E. WIZDA, 0000 WILLIAM S. BERNER, 0000 COAST GUARD TO BE MEMBERS OF THE PERMANENT MICHAEL C. BERNERT, 0000 COMMISSIONED TEACHING STAFF OF THE COAST GUARD THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES B. BERRY, 0000 ACADEMY IN THE GRADES INDICATED: TO THE GRADE INDICATED IN THE UNITED STATES AIR LAURA W. BERRY, 0000 To be commander FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED WILLIAM A. BERRY, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS JOSEPH J. BERTE III, 0000 PAUL S. SZWED, 0000 624 AND 531: DAVID ALLEN BETHANY, 0000 To be lieutenant colonel MICHAEL P. BETTNER, 0000 To be lieutenant commander PAUL E. BIANCHI, 0000 JOHN J. ABBATIELLO, 0000 JOHN D. BIEGGER, 0000 MELINDA D. MCGURER, 0000 KENNETH F. ABEL, 0000 BRENT D. BIGGER, 0000 BRIGID M. PAVILONIS, 0000 DAVID ABERCROMBIE, 0000 BRADFORD LEE BINGAMAN, 0000 To be lieutenant MARK A. ABRAMSON, 0000 DANIEL J. BIRRENKOTT, 0000 DALE R. ADDINGTON, 0000 ROBERT J. BLAIR II, 0000 DARELL SINGLETERRY, 0000 MICHAEL A. ADDISON JR., 0000 ROBERT B. BLANKE, 0000

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DAVID P. BLANKS, 0000 GREGORY S. CLAWSON, 0000 THOMAS R. DOSTER, 0000 DAVID W. BLIESNER, 0000 TIMOTHY R. CLAYTON, 0000 ANTONIO T. DOUGLAS, 0000 SONNY P. BLINKINSOP, 0000 PETER C. CLEMENT, 0000 ROBERT A. DOUGLAS, 0000 PETER J. BLOOM, 0000 JOSEPH G. * CLEMONS, 0000 JAMES K. DRAKE, 0000 ROBERT S. BLUE, 0000 ROBERT V. I. CLEWIS, 0000 WILLIAM D. DRIES JR., 0000 KENNETH G. BOCK, 0000 NEAL A. CLINEHENS, 0000 DANIEL A. DRISCOLL, 0000 ERIC A. BOE, 0000 STEPHEN D. CLUTTER, 0000 MERVIN C. DRISKELL, 0000 ROBERT BOLHA, 0000 KENNETH E. COBURN, 0000 JOHN F. DROHAN, 0000 JOHN A. BOLIN, 0000 GEORGE A. COGGINS, 0000 KENNETH E. DUCK, 0000 BRADLEY J. BOLSTAD, 0000 MARK A. COLBERT, 0000 JAMES R. DUDLEY, 0000 CRAIG L. BOMBERG, 0000 ROBERT M. COLEMAN, 0000 VALERIE LYNN DUFFY, 0000 MILDRED E. BONILLALUCIA, 0000 MICHAEL L. COLLAT, 0000 STERLING K. DUGGER, 0000 JOE B. BONORDEN, 0000 THOMAS J. CONNARE, 0000 ANDREW G. DUNNAM, 0000 KEITH P. BOONE, 0000 MARK S. CONNOLLY, 0000 ERIN B. DURHAM, 0000 DAVID M. BOOTS, 0000 ROFTIEL CONSTANTINE, 0000 STEVEN A. DUTKUS SR., 0000 STEVEN M. BORDEN, 0000 RICHARD H. CONVERSE, 0000 DUNCAN A. DVERSDALL, 0000 LINDSEY J. BORG, 0000 KATHLEEN A. COOK, 0000 MICHAEL J. DWYER, 0000 LAURENCE C. BOSTROM, 0000 DOUGLAS E. COOL, 0000 ANDREW R. BOUCK, 0000 JACK R. COOLEY, 0000 DAVID B. EASLEY, 0000 SCOTT J. BOURGEOIS, 0000 MARY M. COOLEY, 0000 ROBERT M. EATMAN, 0000 MARK A. BOVA, 0000 WILLIAM T. COOLEY, 0000 JAMES DAVID EATON III, 0000 DAVID E. BOYER, 0000 JAMES M. COON, 0000 PAUL B. EBERHART, 0000 KEITH M. BOYER, 0000 TIMOTHY M. COONS, 0000 JUAN C. ECHEVERRY, 0000 WILLIAM D. BRACKEN, 0000 GARY L. COOPER II, 0000 JAMES R. ECHOLS, 0000 MARK T. BRADLEY, 0000 THEODORE A. CORALLO, 0000 JAMES K. ECK, 0000 MICHAEL H. BRADY, 0000 HERBERT L. CORK III, 0000 JAMES E. EDMONDS, 0000 MICHAEL D. BRAMHALL, 0000 KAREN M. CORRENTE, 0000 GLORIA J. EDWARDS, 0000 MATTHEW C. BRAND, 0000 ROBERT COSTA, 0000 TRENT H. EDWARDS, 0000 RICHARD H. BRANNAN JR., 0000 DANIEL S. COSTELLO JR., 0000 ROBERT S. EHLERS JR., 0000 JEFFREY G. BRANTING, 0000 JOHN E. COULAHAN JR., 0000 DAVID G. EHRHARD, 0000 DAVID SCOTT BREED, 0000 RONALD C. COURNOYER, 0000 LAWRENCE A. EICHHORN, 0000 MACK L. BREELAND, 0000 SHANE P. COURVILLE, 0000 TIMOTHY A. EICHHORN, 0000 JOHN M. BRIGHT, 0000 RICHARD A. COVENO, 0000 MARK H. EICHIN, 0000 KENNETH W. BROCKMANN, 0000 JEFFREY L. COWAN, 0000 JOHN T. EICHNER, 0000 SEAN C. BRODERICK, 0000 STEVEN A. COWLES, 0000 LINDA L. EISEL, 0000 JOHN P. BROOKER, 0000 DOUGLAS A. COX, 0000 GOLDA T. ELDRIDGE JR., 0000 KEVIN B. BROOKER, 0000 JAMES H. CRAFT, 0000 GEOFFREY S. ELLAZAR JR., 0000 GARY S. BROOKS, 0000 KENNETH B. CRAIB JR., 0000 RAYMOND A. ELLIOTT, 0000 HAROLD E. BROSOFSKY, 0000 KEVIN L. CRAIG, 0000 PATRICK M. ELLIS, 0000 BYRON K. BROUSSARD, 0000 GEORGE S. CRAWFORD, 0000 WILLIAM A. ELLIS, 0000 BENJAMIN B. BROWN, 0000 BRET A. CRENWELGE, 0000 CARSON A. ELMORE, 0000 CYNTHIA ANN THON BROWN, 0000 RORY C. CREWS, 0000 ALBERT M. ELTON II, 0000 EDWARD R. BROWN, 0000 ANDREW A. CROFT, 0000 KIRK E. EMIG, 0000 ELIZABETH A. BROWN, 0000 YELLIXA Z. CRUZ, 0000 TODD W. ENDERSON, 0000 ERIC D. BROWN, 0000 STEVEN R. CSABAI, 0000 SCOTT A. ENOLD, 0000 JEFFREY D. BROWN, 0000 EARL F. CULEK, 0000 JERI A. ERGINKARA, 0000 JEFFREY G. BROWN, 0000 JAMES P. CUMMINGS, 0000 MARK A. ERICKSON, 0000 LAWRENCE E. BROWN, 0000 CHARLES J. CUNNINGHAM, 0000 BLAINE E. ESCOE, 0000 MARK W. BROWN, 0000 HARMON H. CURRY JR., 0000 ROBERT P. ESSAD, 0000 MICHAEL A. BROWN, 0000 HENRY L. CYR, 0000 ROBERT E. EUBANKS, 0000 STEPHEN E. BROWN, 0000 MARK G. CZELUSTA, 0000 DAVID P. EVANS, 0000 BRENTON L. BROWNING, 0000 DAVID W. CZZOWITZ, 0000 MATTHEW E. EVANS, 0000 STEPHEN M. BROWNING, 0000 DANNY P. DAGHER, 0000 TODD R. EVANS, 0000 JAY E. BRUHL, 0000 DAVID H. DAHL, 0000 ROBERT S. FANEUFF, 0000 LAWRENCE A. BRUNDIDGE, 0000 MILES D. DAHLBY, 0000 JOYCE D. FARAH, 0000 ARCHIBALD E. BRUNS, 0000 PETER J. DAHLIN, 0000 GEORGE R. FARFOUR, 0000 JAMES W. BRUNS, 0000 STEPHEN M. DALE, 0000 ALAN R. BUCK, 0000 JOHN V. DALLIN III, 0000 PAUL M. FARKAS, 0000 RONALD D. BUCKLEY, 0000 MARK T. DAMIANO, 0000 TIMOTHY A. FARRELL, 0000 JOHN T. BUDD, 0000 PETER DAMICO, 0000 WILLIAM E. FARRELL, 0000 ERIC N. BUECHELE, 0000 THOMAS E. DANEK JR., 0000 JEFFREY E. FASON, 0000 SHERRY M. BUNCH, 0000 GARY R. DANIELSON, 0000 ROBERT S. FAULK JR., 0000 SUZANNE C. BUONO, 0000 MARK S. DANIGOLE, 0000 SCOTT A. FAWAZ, 0000 RANDALL D. BURKE, 0000 ELISA L. DANTONIO, 0000 RUSSELL D. FELLERS, 0000 ALAN R. BURKET, 0000 PHILIPPE R. DARCY, 0000 JAMES A. FELLOWS, 0000 ROLANDA BURNETT, 0000 MICHAEL J. DARGENIO, 0000 TIMOTHY J. FENNELL, 0000 JOHN P. BURNS, 0000 CHARLES W. DARNELL JR., 0000 SCOTT A. FENSTERMAKER, 0000 MICHAEL R. BURTON, 0000 KEITH R. DASTUR, 0000 MICHAEL A. FERRIS, 0000 JOHN M. BUSCH, 0000 KELLIE L. DAVILA MARTINEZ, 0000 JOSEPH T. FETSCH, 0000 WILLIAM C. BUSCH, 0000 BRADFORD C. DAVIS, 0000 DIANE C. FICKE, 0000 RHETT L. BUTLER, 0000 JAMES A. DAVIS, 0000 CHRISTOPHER E. FINDALL, 0000 ARTURO M. BUXO, 0000 KATHY B. DAVIS, 0000 MERRILL P. FINK, 0000 DEBORAH A. CAFARELLI, 0000 MICHEAL D. DAVIS, 0000 CHARLES E. FIQUETT, 0000 DAVID A. CAFFEE, 0000 REGINALD F. DAVIS, 0000 BRADLEY J. FISHEL, 0000 JOSEPH H. CAGLE, 0000 RICKY A. DAVIS, 0000 TYRON FISHER, 0000 SCOTT E. CAINE, 0000 ROBERT D. DAVIS, 0000 WILLIAM D. FISHER, 0000 KATHLEEN D. CALLAHAN, 0000 ROBERT R. DAVIS, 0000 PHILIP R. FITTANTE, 0000 PAUL M. CALTAGIRONE, 0000 STEPHEN L. DAVIS, 0000 ROBERT P. FLEISHAUER, 0000 DAWN M. CAMPBELL CURRIE, 0000 MICHAEL T. DAVISON, 0000 KEITH W. FLETCHER, 0000 JOHN J. CAPOBIANCO, 0000 AMY L. DAYTON, 0000 LEE A. FLINT III, 0000 JOSEPH J. CAPPELLO JR., 0000 KEVIN G. DECKARD, 0000 THOMAS A. FLORING, 0000 MANUEL A. CARDENAS, 0000 DOUGLAS D. DECKER, 0000 JEFFREY J. FLORY, 0000 CARL C. CARHUFF, 0000 SCOTT E. DECKER, 0000 MARK E. FLUKER, 0000 PAUL J. CARLIN, 0000 FREDERICK DEFRANZA, 0000 MICHAEL J. FOLKERTS, 0000 LEWIS H. CARLISLE, 0000 BRADEN P. DELAUDER, 0000 NEAL D. FONTANA, 0000 LISA A. CARNEY, 0000 JOHN C. DELBARGA, 0000 CHRISTOPHER E. FORSETH, 0000 RUSSELL G. CARRIKER, 0000 MARK D. DELONG, 0000 ROGER L. FORSYTHE, 0000 ORAN Y. CARROLL, 0000 NICHOLAS J. DEMARCO, 0000 JOSEPH C. FORTNEY, 0000 DAVID M. CARTER, 0000 BYRON G. DEMBY, 0000 MYRON K. FORTSON, 0000 EDWARD V. CASSIDY, 0000 CHARLES E. DENMARK, 0000 HARRY A. FOSTER, 0000 DOUGLAS C. CATO JR., 0000 JOSEPH B. DENNIS, 0000 JACKSON L. FOX, 0000 MIKE S. CAUDLE, 0000 RICHARD M. DENTON, 0000 LAURENT J. FOX, 0000 SEAN M. CAVANAUGH, 0000 WAYNE M. DESCHENEAU, 0000 SCOTT M. FOX, 0000 PAUL E. CAVE, 0000 ERNEST J. DESIMONE, 0000 PAUL R. FRANCIS, 0000 DANNY A. CECIL, 0000 ROBERT A. DESTASIO, 0000 CEPHAS L. FRANKLIN, 0000 JAMES M. CENEY, 0000 DOUGLAS M. DEUITCH, 0000 ANTHONY C. FRANZEL, 0000 MARK D. CERROW, 0000 MICHELE A. DEWERTH, 0000 BERNADETTE I. FRASER, 0000 JACK M. CESSNA, 0000 DAVID L. DEY, 0000 DARREN A. FRASER, 0000 WALTER S. D. CHAI, 0000 ANGEL A. DIAZ, 0000 GERALD A. FREDERICK JR., 0000 JAMES E. CHAPMAN, 0000 ROLANDO DIAZ JR., 0000 FRANK FREEMAN III, 0000 JOSEPH F. CHAPMAN, 0000 CRAIG ALAN DICUS, 0000 THOMAS H. FREEMAN, 0000 GEORGE G. CHAPPEL JR., 0000 QUENTIN J. DIERKS, 0000 JONATHAN B. FRENCH, 0000 BRADY C. CHEEK, 0000 MARK S. DIERLAM, 0000 JOSEPH P. FRIERS, 0000 EVANGELINE M. CHEEKS, 0000 TODD A. DIERLAM, 0000 SEAN M. FRISBEE, 0000 JOHN T. CHENEY, 0000 STEVEN D. DIESSNER, 0000 CHRIS T. FROEHLICH, 0000 JULIAN M. CHESNUTT, 0000 JAMES E. DILLARD, 0000 JAMES A. FROM, 0000 MICHAEL R. CHISHOLM, 0000 LEVENCHI L. DINGLE, 0000 BRYAN A. KEA FUJIMOTO, 0000 STANLEY F. CHMURA JR., 0000 DAVID C. DISIPIO, 0000 WALTER J. FULDA, 0000 TIMOTHY C. CHUSTZ, 0000 RHEA E. DOBSON, 0000 STACY A. K. FURCINI, 0000 CHARLES A. CIUZIO, 0000 WAYNE S. DOCKERY, 0000 DOUGLAS A. FURST, 0000 GREGORY W. CLARK, 0000 DAVID M. DOE, 0000 ARNOLD CHARLES FUST, 0000 MURRAY R. CLARK, 0000 JOHN J. DOHERTY, 0000 MICHAEL W. GAAL, 0000 RANDALL J. CLARK, 0000 PATRICK J. DOHERTY, 0000 GREGORY S. GADDIS, 0000 ROBERT W. CLARK, 0000 PETER A. DONNELLY, 0000 JOHN D. GALLOWAY, 0000 ROLAND D. CLARK, 0000 RICHARD E. DONNELLY, 0000 RICHARD K. GANNON, 0000 JON E. CLAUNCH, 0000 JIMMY D. DONOHUE, 0000 KEVIN L. GARDNER, 0000 JOSEPH L. CLAVIN, 0000 PAMELA S. DONOVAN, 0000 PETER M. GARDZINA, 0000

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CHRISTOPHER A. GARRETT, 0000 STEVEN W. HERMAN, 0000 JOHN F. JOS KIESLER, 0000 DAVID S. GARRETT, 0000 BRIAN G. HERMANN, 0000 JACK E. KING JR., 0000 JAMES A. GARRETT, 0000 GREGORY A. HERMSMEYER, 0000 JAMES R. KING JR., 0000 STEPHEN A. GARSTKA, 0000 GUSTAVO A. HERNANDEZ, 0000 NEDIM KIRIMCA, 0000 JAMES P. GATES, 0000 CARY A. HERRERA, 0000 BRIAN W. KIRKWOOD, 0000 KENNETH E. GATES, 0000 MARGARET A. HERRING, 0000 KENNETH S. KLEIN, 0000 WILLIAM B. GAUTIER, 0000 TIMOTHY L. HERSHBERGER, 0000 JENNIFER M. KLEINSCHMIDT, 0000 DAVID A. GEESEY, 0000 JEFFREY M. HESS, 0000 MARK R. KLING, 0000 ANDREW J. GENCO, 0000 ROBERT M. HESSIN, 0000 FREDERICK M. KMIECIK, 0000 ADAM C. GEORGE, 0000 TERRY J. HESTERMAN, 0000 MATTHEW A. KMON, 0000 SCOT B. GERE, 0000 JAMES R. HETHERINGTON, 0000 KEVIN J. KNECHT, 0000 SCOTT C. GERICKE, 0000 TROY D. HEWGLEY, 0000 ANTONE A. KNETTER, 0000 DANIEL W. GERNERT, 0000 DAVID S. HIDINGER, 0000 TAMMY M. KNIERIM, 0000 DARREN P. GIBBS, 0000 JOHN M. HIGGINS, 0000 JACK T. KNIGHT JR., 0000 DAVID J. GIBSON, 0000 KEVIN R. HIGHFIELD, 0000 MALLORY P. KNIGHT, 0000 ALEXANDER V. GICZY, 0000 ERIC W. HITTMEIER, 0000 JEFFRY D. KNIPPEL, 0000 SHEILA M. GILLIARD, 0000 DEREK S. HO, 0000 JOEL E. KNISELY, 0000 COLLEEN A. GILMOUR, 0000 ELLIE HO, 0000 MICHAEL R. KOBOLD, 0000 ANDREW T. GILROY, 0000 DANIEL M. HODGKISS, 0000 TAMI L. KOBOLD, 0000 JANET A. GIRTON, 0000 LAWRENCE M. HOFFMAN, 0000 THOMAS J. KOBYLARZ, 0000 KEVIN B. GLENN, 0000 SCOTT B. HOFFMAN, 0000 STEVEN M. KOKORA, 0000 PAUL D. GLOYD, 0000 DEREK R. HOFFNUNG, 0000 ROBERT E. KOLES, 0000 DONAVAN E. GODIER, 0000 ERIK E. HOIHJELLE, 0000 ALAN L. KOLLIEN, 0000 JERRY C. GOFF, 0000 JOHN J. HOKAJ, 0000 ANNE M. KONNATH, 0000 JAMES P. GOLDEN, 0000 ALEXANDER L. HOLDER, 0000 MONICA KOPF, 0000 MACE CLARK GOLDEN, 0000 JEFFREY K. HOLIFIELD, 0000 JAMES M. KORMANIK, 0000 DAVID B. GOLDSTEIN, 0000 DALE A. HOLLAND, 0000 HOWARD N. KOSHT, 0000 GERALD V. GOODFELLOW, 0000 BLAINE S. HOLMAN, 0000 DANIEL A. KOSIN, 0000 TERRY L. GOODRICH, 0000 DANIEL F. HOLMES, 0000 JOHN F. KOSMAN, 0000 JAMES A. GORDON, 0000 CHRISTOPHER J. HOPE, 0000 RICHARD D. KOSOBUCKI, 0000 MITCHELL R. GORDON, 0000 STEVEN T. HORMEL, 0000 PATRICK J. KOSTRZEWA, 0000 JOHN R. GORDY II, 0000 ALBERT B. HORNSBY III, 0000 JAMES F. KOTT, 0000 JOHN C. GORLA JR., 0000 RICHARD H. HOUGHTON, 0000 WILLIAM J. KRALIK, 0000 ANNE L. GORNEY, 0000 EDDIE R. HOWARD, 0000 EDWARD R. KRAMER, 0000 GREGORY S. GORSKI, 0000 RANDALL L. HOWARD, 0000 KEVIN C. KRAUSE, 0000 GARY J. GOTTSCHALL, 0000 ROBERT M. HOWARD III, 0000 SCOTT A. KRAUSE, 0000 GLENN L. GRAHAM, 0000 CHARLES C. HOWELL, 0000 PETER A. KRAWCZYK, 0000 KEITH A. GRAHAM, 0000 LESLIE D. HOWELL, 0000 DENNIS L. KREPP, 0000 WILLIAM V. GRAHAM, 0000 SCOTT A. HOWELL, 0000 ERIC J. KREUL, 0000 DEBRA J. GRAVELLE, 0000 DENNIS M. HOWRY, 0000 JEFFREY B. KROMER, 0000 ROBERT S. GRAVES, 0000 THOMAS J. HUDD, 0000 DAVID A. KRUMM, 0000 PHILIP T. GRECO, 0000 PETER G. HUDDLE, 0000 PAUL M. KUCHAREK, 0000 FREDERICK D. GREGORY JR., 0000 KENNETH W. HUDELSTON III, 0000 STEVEN T. KUENNEN, 0000 SANDRA M. GREGORY, 0000 PETER J. HUGHES, 0000 DIANA L. KUHN, 0000 GORDON C. GRIFFIN, 0000 RUSSELL R. HULA, 0000 CHRISTOPHER T. KUKLINSKI, 0000 DANIEL T. GRILLONE, 0000 SHAWN D. HULLIHEN, 0000 PATRICK T. KUMASHIRO, 0000 JAMES W. GRISWOLD, 0000 LISA J. HUMMLER, 0000 SUZANNE S. KUMASHIRO, 0000 MARY E. GRISWOLD, 0000 JENNIFER A. HUMMON, 0000 LYNDEN C. KUNZ, 0000 STEVEN M. GRISWOLD, 0000 FREDERICK E. HUMPHREY, 0000 SHIAONUNG D. KUO, 0000 KAREN L. GROTH, 0000 ROBERT L. HUNKELER II, 0000 FRANK J. KUSKA, 0000 RONALD L. GROVE, 0000 ROBERT P. HUNT JR., 0000 EDGAR J. LABENNE, 0000 FUSUN S. K. GRUMBACH, 0000 TERRY E. HUNTER, 0000 BURNETT F. LACHANCE, 0000 DARYL W. GUILL, 0000 THOMAS K. HUNTER JR., 0000 BRUCE A. LACHARITE, 0000 GREGORY M. GUILLOT, 0000 KENNETH F. HUTCHISON, 0000 DEO A. LACHMAN, 0000 JON E. GULLETT, 0000 HIROSHI N. IKEDA, 0000 KENNETH E. LACY, 0000 BRUCE F. GUNN, 0000 MICHAEL T. IMBUS, 0000 MARK D. LAFOND, 0000 TONY D. GURNEY, 0000 GARY K. INGHAM, 0000 JOEL T. LAGASSE, 0000 GREGORY M. GUTTERMAN, 0000 ALLEN B. INGLE, 0000 JEFFREY A. LAMB, 0000 MATTHEW E. HABER, 0000 PETER J. IVERSEN, 0000 SCOTT A. LAMB, 0000 MICHAEL J. HADY, 0000 JACQUELINE R. JACKSON, 0000 STEPHEN C. LAMB, 0000 MICHAEL W. HAFER, 0000 THOMAS E. JACKSON, 0000 BRUCE A. LAMBERT, 0000 DONALD M. HALE JR., 0000 TRACY E. JACKSON, 0000 HENRI C. LAMBERT, 0000 THOMAS W. HALE, 0000 YOLANDA JACKSON, 0000 PETER J. LAMBERT, 0000 STEPHEN R. HALL, 0000 SCOTT E. JAMES, 0000 GERALD F. LANAGAN, 0000 TIMOTHY J. HALL, 0000 MARC S. JAMISON, 0000 TODD R. LANCASTER, 0000 TIMOTHY J. HALLORAN, 0000 STEVEN J. JANECZKO, 0000 JAMES A. LANCE, 0000 STEPHEN T. HAMILTON, 0000 CLARENCE E. JANSON, 0000 ROBIN H. LANDERS, 0000 DOUGLAS S. HAMMEN, 0000 DOUGLAS L. JANTZEN, 0000 ANDREW J. LANDOCH, 0000 JAMES R. HAMPSHIRE, 0000 JOSEPH MICHAEL JANUKATYS, 0000 CHERYL L. LANKE, 0000 DANIEL J. HAMPTON, 0000 DOUGLAS W. JAQUISH, 0000 JOSEPH LANZETTA, 0000 DANIEL B. HANCOCK, 0000 CHARLENE D. JEFFERSON, 0000 DALE B. LARKIN, 0000 WILLIAM P. HANCOCK, 0000 DEREK A. JEFFRIES, 0000 PATIENCE C. LARKIN, 0000 KERRY D. HANES, 0000 DANIEL K. JENKINS, 0000 MARK H. LARSEN, 0000 HUGH J. HANLON, 0000 DAVID L. JENSEN, 0000 JOSEPH M. LASK, 0000 JAMES F. HANLON, 0000 CURTIS E. JOHANSON, 0000 ALAN P. LAURSEN, 0000 JAMES M. HANSCOM, 0000 BARRY K. JOHNSON, 0000 ALAN J. LAVERSON, 0000 ALLEN D. HANSEN, 0000 BRIAN D. JOHNSON, 0000 JUDITH A. LAW, 0000 DARREN T. HANSEN, 0000 GREGORY C. JOHNSON, 0000 RICHARD E. LAWRENCE JR., 0000 DAVID S. HANSEN, 0000 JAMES S. JOHNSON, 0000 GLEN K. LAWSON, 0000 JOHN M. HANSEN, 0000 KIRK P. JOHNSON, 0000 KELLY A. LAWSON, 0000 RALPH S. HANSEN, 0000 ORESTE M. JOHNSON, 0000 RANDOLPH S. LAWSON, 0000 TIMOTHY A. HANSEN, 0000 TATE A. JOHNSON, 0000 RICHARD C. LEATHERMAN, 0000 DAVID F. HARDY, 0000 TODD S. JOHNSTON, 0000 RICHARD D. LEBLANC, 0000 JAMES W. HARDY, 0000 ALAIN L. M. JONES, 0000 MICHAEL A. LECLAIR, 0000 LESLIE L. HARGETT, 0000 JACQUELINE H. JONES, 0000 CHRIS P. LEE, 0000 LORING C. HARKEY, 0000 TONISH E. JONES, 0000 STEVEN W. LEGRAND, 0000 DOUGLAS M. HARLOW, 0000 TRACY A. JONES, 0000 WILLIAM S. LEISTER, 0000 CHRISTOPHER D. HARNESS, 0000 RICHARD J. JORGENSEN, 0000 BODEN J. LEMAY, 0000 CHRISTOPHER P. HARPER, 0000 KEVIN D. JOST, 0000 HELEN M. LENTO, 0000 SEAN P. HARRINGTON, 0000 MICHAEL S. JOYAL, 0000 BRENDA K. LEONG, 0000 ALLAN D. HARRIS, 0000 DAVID J. JULAZADEH, 0000 JOSEPH A. LESS, 0000 KEITH W. HARRIS, 0000 SHANNON D. JURRENS, 0000 CHRISTOPHER N. LEWIS, 0000 MARK W. HARRIS, 0000 EMIL B. KABBAN, 0000 MICHAEL A. LEWIS, 0000 PAUL D. HARRIS, 0000 STEVEN T. KAEGI, 0000 PETER A. LEWIS, 0000 RICHARD A. HARRIS JR., 0000 EDWIN W. KALER III, 0000 ROBERT C. LIGHTNER, 0000 ROBERT H. HARRISON JR., 0000 PHYLLIS L. KAMPMEYER, 0000 ROBERT P. LINARES, 0000 DARREN E. HARTFORD, 0000 DAVID H. KANESHIRO, 0000 LAWRENCE LIND, 0000 CURTIS J. HARVEY, 0000 SAMUEL S. KANG, 0000 WALTER J. LINDSLEY, 0000 JOSEPH M. HARVEY, 0000 RUSTAM KARMALI, 0000 TIMOTHY G. LITTLE, 0000 MARK C. HARYSCH, 0000 MICHAEL B. KATKA, 0000 JACK R. LOCKHART, 0000 DENNIS E. HASKIN, 0000 JOSEPH C. KATUZIENSKI, 0000 JEFFREY L. LONG, 0000 SCOTT A. HATFIELD, 0000 THOMAS J. KAUTH, 0000 SCOTT C. LONG, 0000 CLARENCE E. HAUCK, 0000 CHARLES B. KEARNEY III, 0000 PATRICK J. LORZING, 0000 ANTHONY L. HAUGRUD, 0000 SUSAN B. KEFFER, 0000 SARA L. LOUGHRAN, 0000 SCOTT M. * HAVERKATE, 0000 KIRK L. KEHRLEY, 0000 MARK R. LOVEJOY, 0000 DANIEL F. HAWKINS, 0000 STANFORD K. KEKAUOHA, 0000 WAYNE R. LOVELESS, 0000 TIMOTHY P. HAYNIE, 0000 LORETTA A. KELEMEN, 0000 TODD A. LOVELL, 0000 BRADLEY F. HAYWORTH, 0000 ROBERT B. KELLAS, 0000 MICHAEL G. LOWRY, 0000 BRADLEY L. HEBING, 0000 STEPHEN L. KELLER, 0000 MARK C. LUCHS, 0000 ANDREW G. HECHT, 0000 JOHN J. KELLEY, 0000 CHRISTOPHER J. LUEDTKE, 0000 BARBARA J. HEINLEIN, 0000 JEFFREY W. KELLY, 0000 STUART A. LUM, 0000 ROBERT D. HELGESON, 0000 ANTOINETTE T. KEMPER, 0000 TAMMY K. LUNDBORG, 0000 JAY B. HELMING, 0000 DAVID C. KENNEDY, 0000 EDWARD R. LYLE, 0000 JOSEPH W. HENDERSON, 0000 JONATHAN P. KENNEDY, 0000 MICHAEL P. MAAG, 0000 BRENT S. HENDRICKS, 0000 THOMAS J. KENNEY, 0000 ROBERT P. MACDONALD, 0000 TIM V. HENKE, 0000 JEFFREY D. KERSTEN, 0000 JEFFREY MACEACHRON, 0000 SUZANN HENSLEY, 0000 DOUGLAS J. KIESER, 0000 DAVID R. MACKENZIE, 0000

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MARY E. MACLEOD, 0000 GREGORY J. MORRISON, 0000 CARLOS M. POVEDA III, 0000 STEVEN A. MACUT, 0000 PATRICK L. MORROW, 0000 GLENN E. POWELL JR., 0000 VINCENT MADRID, 0000 CHARLES C. MORSE, 0000 OM PRAKASH II, 0000 DAVID L. MAHER, 0000 SAMUEL P. MORTHLAND, 0000 JOHN C. PRATER, 0000 JEFFREY MALCOLM, 0000 SCOTT E. MOSER, 0000 MICHAEL D. PRAZAK, 0000 ANGEL M. MALDONADO, 0000 LISA C. MOSHIER, 0000 JOHN B. PRECHTEL, 0000 VICTOR L. MALLOY, 0000 EUGENE B. MOTY JR., 0000 TIMOTHY P. PRESS, 0000 MICHAEL N. MALOY, 0000 SEAN MOULTON, 0000 DAVID L. PRESTON, 0000 BRYAN S. MANES, 0000 RICHARD S. MOUNTAIN, 0000 LESTER E. PRESTON, 0000 BRENDA P. MANGENTE, 0000 ANDRE J. MOUTON, 0000 DONALD G. PRIAULX, 0000 HOLLY R. MANGUM, 0000 PAMELA A. MOXLEY, 0000 ARTHUR C. PRICE, 0000 ROBERT W. MANN, 0000 MARY E. MOYNIHAN, 0000 JEFFREY K. PRICE, 0000 TIMOTHY J. MANNING, 0000 WALTER C. MOYNIHAN, 0000 LARRY G. PRICE, 0000 GEORGE W. MARCHESSEAULT, 0000 MAUREEN C. * MURPHY, 0000 MYLAND E. PRIDE, 0000 FRED H. MARHEINE JR., 0000 MICHAEL L. MURPHY, 0000 ROBERT J. PROVOST, 0000 LISA M. T. MARKGRAF, 0000 THOMAS E. MURPHY, 0000 SHARON K. PRUITT, 0000 THOMAS A. MARKLAND, 0000 JUDIANNA MURRAY, 0000 JAMES A. PRYOR, 0000 BRENT P. MARKOWSKI, 0000 KEVIN R. MURRAY, 0000 JEANNA L. PRYOR, 0000 TIMOTHY M. MARKS, 0000 ROGER S. MURRAY, 0000 CLIFFORD T. PUCKETT, 0000 THOMAS ANTHONY MAROCCHINI, 0000 SCOTT F. MURRAY, 0000 MICHAEL W. PUFFENBARGER, 0000 ALLEN M. MARSHALL JR., 0000 SCOTT L. MUSSER, 0000 GEORGE R. PULLIAM, 0000 JAMES A. MARSHALL, 0000 CHARLES H. MYERS, 0000 JOHN R. QUATTRONE, 0000 CHRISTOPHER S. MARTIN, 0000 GREGORY A. MYERS, 0000 ROGER ARLANTICO QUINTO, 0000 JOSEPH D. MARTIN, 0000 LYNDA D. MYERS, 0000 RAYMOND S. SM RABANO, 0000 STEVEN G. MARTIN, 0000 NICHOLAS S. MYERS JR., 0000 DAVID J. RAGGIO, 0000 RAMIRO MARTINEZ, 0000 RUSSELL S. MYERS, 0000 GEORGE R. RAIHALA, 0000 DAVID A. MARTINSON, 0000 WILLIAM A. NACE, 0000 STEVEN A. RANALLI, 0000 DAVID W. MARTTALA, 0000 DAVID S. NAHOM, 0000 PAMELA J. RANDALL, 0000 MARK S. MARYAK, 0000 MICHAEL F. NAHORNIAK, 0000 WESLEY S. RANDALL, 0000 MICHAEL A. MARZEC, 0000 DOUGLAS R. NARMOUR, 0000 THOMAS F. RATHBUN, 0000 SCOTT M. MASER, 0000 ERIC S. NELSON, 0000 JAMES A. RAULERSON, 0000 MICHAEL L. MASON, 0000 KIM M. NELSON, 0000 LINDA M. RAY, 0000 RODNEY M. MASON, 0000 LOWELL A. NELSON, 0000 STEPHEN A. RAY, 0000 GRIFFITH S. MASSEY, 0000 MARTIN H. NELSON, 0000 RICHARD M. REDDECLIFF, 0000 KEVIN P. MASTIN, 0000 RICHARD G. NELSON, 0000 BRADLEY S. REED, 0000 LIA MASTRONARDI, 0000 RICHARD S. NELSON, 0000 MICHAEL D. REED, 0000 BYRON P. MATHEWSON, 0000 SAMUEL F. NELSON, 0000 TIMOTHY S. REED, 0000 TIMOTHY J. MATSON, 0000 WILLIAM J. NELSON, 0000 DONALD REESE, 0000 MARK J. MATSUSHIMA, 0000 WILLIAM D. NEUENSWANDER, 0000 MARC E. REESE, 0000 RICHARD W. MATTON JR., 0000 BRIAN D. NEUMANN, 0000 DANIEL S. REIFSCHNEIDER, 0000 RANDY A. MAULDIN, 0000 TIMOTHY P. NEWMAN, 0000 DANIEL L. REILLY, 0000 HAROLD J. MCALDUFF, 0000 WILLIAM S. NICHOLS, 0000 ROBERT W. REIMAN, 0000 PAUL J. MCANENY, 0000 GLENN W. NICHOLSON, 0000 PAUL E. REIMERS, 0000 JOHN D. MCCAULEY, 0000 DANIEL M. NICKERSON, 0000 GREGORY M. REITER, 0000 RICHARD D. MCCOMB, 0000 GREGORY W. NICODEMUS, 0000 CHRISTOPHER E. RENNER, 0000 RICHARD I. MCCOOL, 0000 STEVEN R. NIELSEN, 0000 ROBERT A. RENNER, 0000 TODD G. MCCREADY, 0000 LUCIAN L. NIEMEYER II, 0000 ROBERT L. RHYNE, 0000 JANI L. MCCREARY, 0000 CRAIG W. NORDLIE, 0000 LANCE G. RIBORDY, 0000 ROBERT A. MCCRORY JR., 0000 DIAN L. NORRIS, 0000 CARLOS F. RICE, 0000 ERICK D. MCCROSKEY, 0000 WESLEY S. NORRIS, 0000 TIMOTHY S. RICE, 0000 MARK C. MCCULLOHS, 0000 MICHAEL J. NOVOTNY, 0000 LISA D. RICHTER, 0000 MICHAEL B. MCDANIEL, 0000 MICHAEL A. NOWACZYK, 0000 VICTOR L. RICK, 0000 CHRISTOPHER C. MCDONALD, 0000 MICHAEL J. NUTTER, 0000 TIMOTHY L. RILEY, 0000 DANIEL J. MCDONALD, 0000 RICHARD L. OARR, 0000 EDWARD J. RIMBACK, 0000 JOHN P. MCDONNELL, 0000 BRUCE E. OCAIN, 0000 LLOYD E. RINGGOLD JR., 0000 JOSEPH P. MCDONNELL, 0000 DANIEL J. OCONNOR, 0000 CHRISTOPHE F. ROACH, 0000 DAVID V. MCELVEEN, 0000 STEPHEN D. OCONNOR, 0000 JOHN D. ROACH, 0000 EUGENE L. MCFEELY, 0000 JOHN S. OECHSLE, 0000 KEVIN J. ROBBINS, 0000 JAMES A. MCGANN, 0000 PETER R. OERTEL, 0000 GREGORY D. ROBERTS, 0000 JENNY A. MCGEE, 0000 KENNETH M. OLSEN, 0000 JEFFREY W. ROBERTS, 0000 GAY M. MCGILLIS, 0000 RICHARD C. OLSON, 0000 RICHARD G. ROBERTS, 0000 JAMES R. MCGINN, 0000 RAYMOND P. OMARA, 0000 DOUGLAS A. ROBERTSON, 0000 MILES L. MCGINNIS, 0000 BARBARA M. OMSTEAD, 0000 RANDY K. ROBERTSON, 0000 THOMAS R. MCGRAW, 0000 DAVID L. ONAN, 0000 WILLIAM B. ROBEY, 0000 SCOTT E. MCKINNEY, 0000 JIMMIE L. ONEAL JR., 0000 AARON N. ROBINSON, 0000 MARTIN G. MCKINNON, 0000 BRIAN A. OUELLETTE, 0000 BRIAN S. ROBINSON, 0000 PATRICK K. MCLEOD, 0000 ALISON L. OVERBAY, 0000 KYLE W. ROBINSON, 0000 CATHERINE G. MCLOUD, 0000 BRETT L. OWENS, 0000 TIMOTHY J. ROCKWELL, 0000 LOUIS E. MCNAMARA JR., 0000 LAYNE B. PACKER, 0000 RAYMOND E. ROESSLER, 0000 STEVEN D. MCNEELY, 0000 ELIZABETH A. PANGRAC, 0000 GEORGE M. ROGERS, 0000 ROSS T. MCNUTT, 0000 TROY W. PANNEBECKER, 0000 PAUL J. ROGERSON, 0000 STACY S. MCNUTT, 0000 ANN MARIE PARKER, 0000 PETER C. ROLLER, 0000 ANNE C. MCPHARLIN, 0000 JAMES T. PARKER, 0000 KRIS G. RONGONE, 0000 TIMOTHY E. MCPHARLIN, 0000 JEFFREY A. * PARKER, 0000 JENNIFER L. ROOKE, 0000 SHANNON P. MEADE, 0000 JOHN L. PARKER, 0000 DARLENE M. ROQUEMORE, 0000 TRACEY M. MECK, 0000 DALE P. PARTRIDGE, 0000 JOHN J. ROSCOE, 0000 THOMAS C. MEDARA, 0000 JOHN C. PASCHALL, 0000 DEAN E. ROSENQUIST, 0000 RONALD S. MEDLEY, 0000 PHILLIP G. PATE, 0000 DAVID A. ROSS, 0000 RACHEL M. MEEK, 0000 RONALD J. PATRICK, 0000 JAMES P. ROSS, 0000 DONALD S. MEEKER, 0000 ERIC J. PAYNE, 0000 WILLIAM G. ROSS, 0000 PABLO F. MELENDEZ, 0000 JOHN G. PAYNE, 0000 JOSEPH W. ROTH, 0000 EDWARD C. MELTON III, 0000 VALERIE S. PAYNE, 0000 ROBERT W. ROTH, 0000 ROBERT C. MENARD, 0000 RICHARD E. PEARCY, 0000 JAMES A. ROTHENFLUE, 0000 TERRY L. MENELEY, 0000 JOHN W. PEARSE, 0000 STEPHEN D. ROTTA, 0000 DAVID S. MERRIFIELD, 0000 JUDITH H. PEER, 0000 RANDALL S. ROWE, 0000 MICHAEL S. METRUCK, 0000 MICHAEL E. PEET, 0000 WILLIAM H. RUDD III, 0000 JEFFREY D. METZ, 0000 CHRISTOPHER J. PEHRSON, 0000 DON A. RUFFIN, 0000 TAL W. METZGAR, 0000 MICHAEL W. PENLAND, 0000 JEFFREY N. RUMRILL, 0000 MARK A. MEYER, 0000 CLAYTON B. PERCE, 0000 BRADFORD L. RUPERT, 0000 MICHAEL B. MEYER, 0000 JOHN J. PERNOT, 0000 RICKY N. RUPP, 0000 RUSSELL W. MEYER, 0000 RONALD L. PERRILLOUX, 0000 WILLIAM Y. RUPP, 0000 THOMAS L. MICK, 0000 PATRICK J. PETERS, 0000 MARK A. RUSE, 0000 RAYMONE G. MIJARES, 0000 JON J. PETRUZZI, 0000 BARBARA J. RUSNAK, 0000 GALEN W. MILLARD, 0000 STEPHEN D. PETTERS, 0000 MICHAEL J. RUSSEL, 0000 MICHAEL A. MILLER, 0000 TIMOTHY J. PFEIFER, 0000 DAVID L. RUSSELL II, 0000 RICHARD R. MILLER, 0000 ALTON P. PHILLIPS, 0000 JOHN T. RUSSELL, 0000 STEPHEN R. MILLER, 0000 DAVID L. PHILLIPS JR., 0000 GRANT G. RUTLIN, 0000 TERRY R. MILLER, 0000 MARK R. PHILLIPS, 0000 RONALD G. RYDER, 0000 RICKY L. MILLIGAN, 0000 MATTHEW T. PHILLIPS, 0000 DAVID M. RYER, 0000 MICHAEL A. MINIHAN, 0000 BRYANT D. PHILP, 0000 PER I. SAELID, 0000 BRIAN K. MISIAK, 0000 RICHARD G. PIERCE, 0000 DAVID G. SALOMON, 0000 MICHELE RM MITCHELL, 0000 SCOTT D. PIERCE, 0000 ROBERT J. SALSBERRY, 0000 THOMAS L. MITCHELL JR., 0000 CHARLENE A. PIERSONLASSITER, 0000 MICHAEL J. SALYARDS, 0000 ADAM M. MLOT, 0000 WILLIAM E. PINTER, 0000 JOHN R. SAMMARTINO, 0000 JEFFREY L. MOLER, 0000 MICHAEL S. PITTS, 0000 DARLENE M. SANDERS, 0000 ROBERT M. MONARCH, 0000 DANIEL J. PIXLEY, 0000 THOMAS R. SANDS, 0000 RAFFAELE A. MONETTI, 0000 CHRISTOPHER E. PLAMP, 0000 DERREK D. SANKS, 0000 ANTHONY D. MONINSKI, 0000 MATTHEW L. PLASS, 0000 DEXTER M. SAPINOSO, 0000 WAYNE R. MONTEITH, 0000 FRANZ M. PLESCHA, 0000 CATHERINE J. SAUCHUK, 0000 RICHARD A. MOON, 0000 JOHN EDWARD POAST III, 0000 SCOTT H. SAUL, 0000 CAROLYN A. MOORE, 0000 DANIEL J. POLAHAR JR., 0000 DAVID E. SAVILLE, 0000 KENNETH R. MOORE, 0000 BRENT G. POLGLASE, 0000 SCOTT A. SAVOIE, 0000 HIRAM A. MORALES JR., 0000 SUSAN L. POLLMAN, 0000 FRANK W. SCHADDELEE, 0000 HUMBERTO E. MORALES, 0000 ADRIAN C. PONE, 0000 THOMAS P. SCHADEGG, 0000 ERIC MORGAN, 0000 LAURA R. POPE, 0000 GREGORY SCHAELLING, 0000 CHRISTINA M. MORRIS, 0000 TODD J. POSPISIL, 0000 DONALD M. SCHAUBER JR., 0000 MARK R. MORRIS, 0000 GARY L. POTTER JR., 0000 LYNN I. SCHEEL, 0000

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JON SCHILDER, 0000 BRUCE C. STINAR, 0000 BRYAN C. WATT, 0000 ANDREW J. SCHLACHTER, 0000 KEVIN L. STONE, 0000 CHRISTIAN G. WATT, 0000 SCOTT H. SCHLIEPER, 0000 TROY R. STONE, 0000 SHANNON D. WEATHERMAN, 0000 DANIEL M. SCHMIDT, 0000 CHARLES R. STONER, 0000 WILLIAM M. WEAVER, 0000 KIRK A. SCHNEIDER, 0000 RONALD K. STORY, 0000 JEFFERY D. WEBBER, 0000 RICHARD L. SCHOONMAKER, 0000 MICHAEL K. STOWERS, 0000 SCOTT D. WEBER, 0000 DAVID M. SCHROEDER, 0000 JESSE L. STRICKLAND III, 0000 THOMAS J. WEBER, 0000 PHIL J. SCHROEDER, 0000 LEWIS H. STROUGH, 0000 TIMOTHY F. WEBER, 0000 PAUL F. SCHULTZ, 0000 MICHAEL SULEK, 0000 JEFFREY R. WEED, 0000 TIMOTHY P. SCHULTZ, 0000 DAVID M. SULLIVAN, 0000 JAMES C. WEIGLE, 0000 WILLIAM F. SCHUPP JR., 0000 EDWARD J. SULLIVAN, 0000 JAMES L. WEINGARTNER, 0000 JAMES B. SCHUSTER, 0000 SEAN M. SULLIVAN, 0000 RICHARD A. WEIR, 0000 STEPHEN R. SCHWARTZ, 0000 DONALD H. SUMMERLIN, 0000 CLYDE A. WEIRICK, 0000 MARK F. SCHWARZ, 0000 BRANDON E. SWEAT, 0000 DOUGLAS P. WEITZEL, 0000 DAVID A. SCHWARZE, 0000 MARK J. SWEENEY, 0000 STEVEN M. WELD, 0000 CHRIS H. SCHWEINSBERG, 0000 GERALD A. SWIFT, 0000 DOUGLAS H. WELLS, 0000 LELAND G. SCIFERS, 0000 RAYMOND A. SWOGGER, 0000 SCOTT R. WELLS, 0000 SHANE P. SCOGGINS, 0000 MICHAEL T. SYMOCK, 0000 RUSSELL P. WELSCH, 0000 BRYON L. SCOTT, 0000 JOHN A. TALARICO, 0000 DERON L. WENDT, 0000 JEFFERY C. SCOTT, 0000 MICHAEL L. TALBERT, 0000 GARY F. WESSELMANN, 0000 BRETT H. SCUDDER, 0000 JEFFREY B. TALIAFERRO, 0000 JOHN E. WEST JR., 0000 KURT A. SEARFOSS, 0000 WILLIAM M. TART, 0000 JOHN W. WEST, 0000 JOEL SEIDBAND, 0000 KENNETH R. TATUM JR., 0000 ROBERT A. WEST, 0000 TODD J. SERRES, 0000 RICHARD D. TAVENNER, 0000 JAMES E. WEYER, 0000 KENNETH C. SERSUN, 0000 ANDREW M. TAYLOR, 0000 ELISE M. WHEELER, 0000 DOUGLAS S. SEWALL, 0000 PATRICK W. TAYLOR, 0000 NATHAN T. WHITE, 0000 ALAN L. SHAFER, 0000 RODNEY L. TAYLOR, 0000 RANDALL G. WHITE, 0000 SHAWN P. SHANLEY, 0000 DAVID B. TEAL, 0000 TODD D. WHITE, 0000 SCOTT D. SHAPIRO, 0000 BRETT P. TELFORD, 0000 WILLIAM G. WHITE, 0000 MARC S. SHAVER, 0000 SCOTT J. TEW, 0000 JAMIE S. WHITLEY, 0000 ANTHONY C. SHAW, 0000 SHARON C. THOMAS, 0000 JAMES T. WHITLOW, 0000 WAYNE K. SHAW, 0000 WALTER D. THOMAS, 0000 JIM R. WIEDE, 0000 WILLIAM K. SHEDD, 0000 DEBORAH E. THOMPSON, 0000 JEFFREY J. WIEGAND, 0000 GLEN A. SHEPHERD, 0000 HENRY C. THOMPSON, 0000 MARSHA W. WIERSCHKE, 0000 MICHAEL D. SHEPHERD, 0000 JEFFREY A. THOMPSON, 0000 PAUL A. WIESE, 0000 JEFFREY A. SHEPPARD, 0000 STEPHEN R. THOMPSON, 0000 SANDRA L. WILKERSONLEAF, 0000 DANIEL J. SHERIDAN, 0000 ROBERT C. THOMSON, 0000 JOHN W. WILKINSON, 0000 JEFFREY E. SHERWOOD, 0000 MICHAEL D. THURBER, 0000 JOHN A. WILLCOCKSON, 0000 CYNTHIA A. SHEWELL, 0000 GREGORY S. THURGOOD, 0000 GARY W. WILLETS, 0000 JOHN R. SHIELDS, 0000 ANDREW J. THURLING, 0000 CHRISTOPHER R. WILLIAMS, 0000 DAVID K. SHINTAKU, 0000 PAUL W. TIBBETS IV, 0000 DARRYL R. WILLIAMS, 0000 ARNETHA R. SHIPMAN, 0000 MICHAEL A. TICHENOR, 0000 JOHN A. WILLIAMS, 0000 HOWARD A. SHRUM III, 0000 MICHAEL J. TILLEMA, 0000 JOHN A. WILLIAMS II, 0000 ERIC SILKOWSKI, 0000 JOHN L. TILLMAN, 0000 MARK C. WILLIAMS, 0000 RICHARD J. SILONG, 0000 BRIAN J. TINGSTAD, 0000 MATTHEW R. WILLIAMS, 0000 FRANK W. SIMCOX IV, 0000 JAMES M. TITTINGER, 0000 STEPHEN H. WILLIAMS, 0000 KEVIN HUGH SIMMONS, 0000 RICHARD G. TOBASCO, 0000 TIMOTHY N. WILLIAMS, 0000 NIGEL J. SIMPSON, 0000 JULIAN H. TOLBERT, 0000 WILLIE J. WILLIAMS JR., 0000 WILSON T. SIMS JR., 0000 WADE G. TOLLIVER, 0000 STEVEN E. WILLIS, 0000 PAUL L. J. SINOPOLI, 0000 JOHN S. TOMJACK, 0000 TRAVIS A. WILLIS JR., 0000 TIMOTHY J. SIPES, 0000 GARY A. TOPPERT, 0000 ROBERT W. WILLOUGHBY, 0000 ROBERT D. SKELTON, 0000 TIMOTHY M. * TORRES, 0000 EVA C. WILSON, 0000 LYNDEN P. SKINNER, 0000 JOHN H. TOUCHTON III, 0000 HAROLD L. WILSON, 0000 THOMAS J. SKROCKI, 0000 TIMOTHY P. TOWNES, 0000 KENNEDY B. WILSON JR., 0000 STEVEN R. SLATTER, 0000 NHAT D. TRAN, 0000 ROBERT D. WILSON, 0000 TIMOTHY A. SLAUENWHITE, 0000 TIMOTHY J. TRAUB JR., 0000 DONALD W. WINGATE JR., 0000 ANDREW T. SLAWSON, 0000 KEVIN T. TRISSELL, 0000 JAMES D. WINGO JR., 0000 DENETTE L. SLEETH, 0000 GERALD J. TROMBLEY, 0000 MARK S. WINGREEN, 0000 RICHARD E. SLOOP JR., 0000 EDSON C. TUNG JR., 0000 ANNE M. WINKLER, 0000 STEVEN E. SMILEY, 0000 KIP B. TURAIN, 0000 JOHN S. WINSTEAD, 0000 DIANE M. SMITH, 0000 MARK J. TURCOTTE, 0000 ROHINI T. S. WINTERS, 0000 DIRK D. SMITH, 0000 GREGORY L. TURES, 0000 JON K. WISHAM, 0000 JEFFREY D. SMITH, 0000 STEPHEN E. TURNER JR., 0000 JAMES W. WISNOWSKI, 0000 JEFFREY J. SMITH, 0000 RICHARD E. UNIS, 0000 KENNETH J. WITTE, 0000 KELVIN B. SMITH, 0000 MICHAEL J. VACCARO, 0000 DANNY R. WOLF, 0000 KENNETH P. SMITH, 0000 SCOTT R. VADNAIS, 0000 JULIA A. WOLF, 0000 MATTHEW N. SMITH, 0000 VICTOR J. VALDEZ, 0000 ENOCH K. WONG, 0000 MICHAEL J. SMITH, 0000 DAVID D. VALLIERE, 0000 JOHN M. WOOD, 0000 PEIMIN M. SMITH, 0000 CURT A. VAN DE WALLE, 0000 KENTON T. WOOD, 0000 RANDOLPH G. SMITH, 0000 LJ VANBELKUM, 0000 PAUL R. WOOD, 0000 ROBERT J. SMITH JR., 0000 ALVIN M. VANN JR., 0000 WILLIAM A. WOODCOCK, 0000 RUDOLPH A. SMITH JR., 0000 JUAN R. VASQUEZ, 0000 THIERRY C. WOODS, 0000 RUSSELL E. SMITH, 0000 GLENN M. VAUGHAN, 0000 TIMOTHY A. WOODS, 0000 RYAN J. SMITH, 0000 BRIAN T. VAUGHN, 0000 LARRY D. WORLEY JR., 0000 STEPHEN A. SMITH, 0000 OSCAR R. VAUGHN, 0000 COLIN J. WRIGHT, 0000 THOMAS L. SMITH, 0000 AGUSTIN E. VELEZ, 0000 DAVID C. WRIGHT, 0000 WESLEY E. SMITH, 0000 THOMAS A. VENTRIGLIA, 0000 DEAN N. WRIGHT, 0000 DAVID M. SNOW, 0000 LASZLO A. VERES, 0000 CHRISTOPHER J. WYMAN, 0000 DONALD A. SNYDER, 0000 SCOTT A. VESPER, 0000 JOSEPH M. YAKUBIK, 0000 STEVEN P. SNYDER, 0000 EDWARD J. VEST, 0000 BRIAN E. YATES, 0000 PATRICE A. SOLORZANO, 0000 RICHARD A. VETSCH, 0000 ROBERT E. YATES, 0000 DWIGHT C. SONES, 0000 PATRICK H. VETTER, 0000 ROBERT B. YOUNG JR., 0000 INEZ A. SOOKMA, 0000 GEORGE VICARI JR., 0000 DAVID R. YOUTSEY, 0000 CRAIG A. SOUZA, 0000 JOSEPH H. VIERECKL, 0000 JAMES RICHARD ZAGATA, 0000 CHRISTOPHER F. SPAGNUOLO, 0000 TERRY W. VIRTS, 0000 PAUL ALBERT ZAVISLAK JR., 0000 KAY L. SPANNUTH, 0000 STEVEN A. VLASAK, 0000 CATHERINE M. ZEITLER, 0000 KEVIN L. SPARKS, 0000 ROBERT A. VOEGTLY, 0000 BRIAN P. * ZEMBRASKI, 0000 JENNIFER L. SPEARS, 0000 RANDALL L. VOGEL, 0000 ARTHUR E. ZEMKE, 0000 JOSEPH M. SPIESS, 0000 GEORGE S. VOGEN, 0000 TIMOTHY A. ZOERLEIN, 0000 KURT M. SPILGER, 0000 JESSIE H. VOISIN JR., 0000 DAVID R. ZORZI, 0000 CHRISTOPHER STAFFORD, 0000 PAUL C. VONOSTERHELDT, 0000 JEFFREY R. ZOUBEK, 0000 STANLEY STAFIRA, 0000 PAUL E. WADE, 0000 MICHEL P. ZUMWALT, 0000 DANIEL J. STAGGENBORG, 0000 DONALD R. WAHONICK JR., 0000 DAVID G. STAMOS, 0000 BARRY C. WAITE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DARRYL L. STANKEVITZ, 0000 DAVID M. WAITE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR NANCY NAOMI STANLEY, 0000 MARK K. WAITE, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: DAVID M. STANTON, 0000 SCOTT E. WALCHLI, 0000 To be lieutenant colonel VALISE A. STANTON, 0000 FEDERICO G. WALDROND, 0000 SCOTT A. STARK, 0000 CHRISTOPHER P. WALKER, 0000 CATHERINE M. AMITRANO, 0000 JAMES M. STARLING, 0000 JON W. WALKER, 0000 LESLIE R. ANN, 0000 ROBERT B. STARNES, 0000 JULIE E. WALKER, 0000 DENISE G. AUGUSTINE, 0000 DONALD C. STARR, 0000 MICHAEL J. WALKER, 0000 TAMARA A. AVERETTBRAUER, 0000 CHARLES F. J. STEBBINS, 0000 THOMAS M. WALKER, 0000 SUSAN E. BASSETT, 0000 KEVIN B. STEELE, 0000 WARD A. WALKER, 0000 JENNIFER D. BAUER, 0000 THOMAS M. STEELE, 0000 TODD T. WALKOWICZ, 0000 DAVID A. BEAVERS, 0000 ALLEN M. STEENHOEK, 0000 DAVID E. WALLACE, 0000 MARIE L. BERRY, 0000 CHARLES A. STEEVES, 0000 DARRELL E. WALLIS JR., 0000 DIANE L. BILBRAY, 0000 DOUGLAS K. STENGER, 0000 STEPHEN D. WALTERS, 0000 MICHELLE L. BISHOP, 0000 MARK T. STEPHENS, 0000 MICHAEL G. WAN, 0000 MICHAEL W. BOUCHARD, 0000 KEVIN J. STEVENS, 0000 MARK A. WARACK, 0000 LEE S. BRYANT, 0000 CHAD M. STEVENSON, 0000 MICHAEL R. WARD, 0000 NONA F. BUCHANAN, 0000 RAYMOND S. STEVENSON, 0000 WILLIAM R. WARD, 0000 DANIEL J. BUSHEME, 0000 ALBERT K. STEWART, 0000 MICHAEL S. WASSON, 0000 SHELLY D. BUTLER, 0000 DAVID T. STEWART, 0000 WILLIAM R. * WATKINS III, 0000 LOLA R. B. CASBY, 0000 ERIC C. STEWART, 0000 DOUGLAS A. WATKINS, 0000 LINDA J. CASHION, 0000 MICHAEL A. STEWART, 0000 ERIC E. WATKINS, 0000 ROBERT K. CLAY, 0000 BARRY W. STGERMAIN, 0000 PHILIP R. WATSON, 0000 KELLY A. COLEMAN, 0000

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ANNE M. CONWELL, 0000 LINDA L. RICHARDSON, 0000 JONATHAN P. COOK, 0000 LENORA L. COOK, 0000 FLOYD S. RISLEY, 0000 MICHAEL A. COOLICAN, 0000 ANKA COSIC, 0000 ERIC J. ROTH, 0000 ROBERT L. COULOMBE, 0000 DAWN B. DANIEL, 0000 MATTHEW J. RUANE, 0000 ROBERT A. COUSER, 0000 WANDA L. DAVIES, 0000 KENNETH R. SHARRETT, 0000 JAMES L. COX, 0000 LISA D. DEDECKER, 0000 DOUGLAS M. STEVENSON, 0000 PATRICK F. COX, 0000 JANE G. DENTON, 0000 EDWARD H. THOMPSON, 0000 DENNIS A. CRALL, 0000 PATRICIA L. DYKSTRA, 0000 CHRISTOPHER C. VANNATTA, 0000 JOHN M. CURATOLA, 0000 BARBARA A. EISENSTEIN, 0000 VICKI K. WEEKES, 0000 PAUL G. CURRAN, 0000 EDWARD F. FARLEY, 0000 KAREN S. WHITE, 0000 PETER W. CUSHING, 0000 MARGARET E. FOLTZ, 0000 PHILIP T. WOLD, 0000 MICHAEL D. DAHL, 0000 ELEANOR T. FOREMAN, 0000 FREDERICK M. WOLFE, 0000 THOMAS A. DAMISCH, 0000 REBECCA L. GOBER, 0000 ROBERT J. DARLING, 0000 ANNETTE GOMEZ, 0000 IN THE ARMY JEFFREY P. DAVIS, 0000 ANNA M. GREEN, 0000 JOEL J. DAVIS, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF SANDRA D. HAGEDORN, 0000 MARK C. DELUNA, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO JUDITH A. HUGHES, 0000 MARSHALL DENNEY III, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY ROBIE V. HUGHES, 0000 DARRIN DENNY, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ROBIN E. HUNT, 0000 KENNETH M. DETREUX, 0000 BRENDA K. IRWIN, 0000 To be colonel PETER J. DEVINE, 0000 ALETA P. JEFFERSON, 0000 ANTHONY P. DIBENEDETTO JR., 0000 CYNTHIA F. JEFFREY, 0000 BRIAN K. BALFE, 0000 DAVID G. DIEUGENIO JR., 0000 LINDA M. JENNINGS, 0000 NORBERTO R. CASTRO JR., 0000 MICHAEL W. DINARDO, 0000 BEVERLY J. JOHNSON, 0000 GLENN H. CURTIS, 0000 HENRY J. DOMINGUE JR., 0000 MARTHA J. JOHNSTON, 0000 ROBERT P. NYRE, 0000 JAMES E. DONNELLAN, 0000 BARBARA A. JONES, 0000 RENWICK L. PAYNE, 0000 FRANCIS L. DONOVAN, 0000 BARBARA A. KALMEN, 0000 JAMES H. TROGDON III THOMAS A. DOUGHERTY III, 0000 JERILYN L. KEITH, 0000 JONATHAN F. DOUGLAS, 0000 IN THE MARINE CORPS TRACEY M. KEITH, 0000 STEPHEN E. DUKE, 0000 WILLIAM R. DUNN II, 0000 JOANN M. KELSCH, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT M. EHNOW, 0000 JACK L. KENNEDY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- NORMAN R. ELIASEN, 0000 PHILLIP G. KLEINMAN, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: NANCY M. LACHAPELLE, 0000 TODD R. EMO, 0000 ELIZABETH A. LARINO, 0000 To be lieutenant colonel RUSSELL W. EMONS JR., 0000 CAROL M. LARSEN, 0000 TERRI E. ERDAG, 0000 BRIAN T ALEXANDER, 0000 DIANE F. LENTTUCKER, 0000 DANIEL P. ERMER, 0000 KELLY P ALEXANDER, 0000 ELIZABETH K. LOVE, 0000 JOHN A. ESQUIVEL, 0000 JULIAN D ALFORD, 0000 RUSSELL E. ETHERIDGE JR., 0000 LYNN M. MALONE, 0000 RICHARD E ANDERS, 0000 DAMON E. FIELDS, 0000 IRMA L. MCNAMEE, 0000 BRIAN P ANNICHIARICO, 0000 RONALD R. FINELLI, 0000 SUSAN M. MCNITT, 0000 CHRISTOPHER A ARANTZ, 0000 MICHAEL J. FINLEY, 0000 ANN M. MCQUADE, 0000 JAMES L ARMSTRONG, 0000 CLAYTON J. FISHER, 0000 JUDITH A. MEEK, 0000 FRANK S ARNOLD, 0000 JOHN M. FITTS, 0000 ALTHEA B. B. MILLER, 0000 THOMAS E ARNOLD JR., 0000 DAVID A. FLYNN, 0000 TERESA L. MILLWATER, 0000 JOHN D AUGSBURGER, 0000 PAUL J. FONTANEZ, 0000 KELLEY C. MOORE, 0000 BRIAN F BAKER, 0000 ANDREW W. FORTUNATO, 0000 KAY H. NIMS, 0000 GRANT C BAKLEY, 0000 PAUL A. FORTUNATO, 0000 CAROLE A. NUSSEL, 0000 FRANCISCO M BALL, 0000 KEVIN R. FOSTER, 0000 NANCY A. OPHEIM, 0000 EDWARD L BARBOUR III, 0000 MICHAEL V. FRANZAK, 0000 JULIE P. PACK, 0000 ROBERT S BARR, 0000 CHRISTOPHER L. FRENCH, 0000 PENNIE G. PAVLISIN, 0000 PETER B BAUMGARTEN, 0000 RICHARD W. FULLERTON, 0000 ALLISON W. PLUNK, 0000 BRIAN T BECKWITH, 0000 JONATHAN O. GACKLE, 0000 JONATHAN N. PORTIS, 0000 STEVEN F BELSER, 0000 MAX A. GALEAI, 0000 TERRY L. PRIZER, 0000 MICHAEL J BERGERUD, 0000 JOHN R. GAMBRINO, 0000 MARINA C. RAY, 0000 MICHAEL C BERRYMAN, 0000 DOUGLAS K. GELBACH, 0000 RICHARD J. REUSCH JR., 0000 DEBRA A BEUTEL, 0000 MICHAEL W. GEORGE, 0000 CAROLE S. ROBBINS, 0000 ANDREW D BIANCA, 0000 JAMES P. GFRERER, 0000 SUK HI ROSS, 0000 JAMES W BIERMAN JR., 0000 ANDREW J. GILLAN, 0000 KATHLEEN SAMUEL, 0000 DOUGLAS H. BIGGS, 0000 DAVID S. GLASSMAN, 0000 JOHN G. SANFORD, 0000 MICHAEL A. BLACKWOOD, 0000 CHRISTOPHER W. GOEDEKE, 0000 DELIA M. SANTIAGO, 0000 JEFFREY L. BLAU, 0000 PATRICK A. GRAMUGLIA, 0000 CLAIR M. SHEFFIELD, 0000 SEAN C. BLOCHBERGER, 0000 DOMINIC A. GRASSO, 0000 DONNA R. SMITH, 0000 KERRY J. BLOCK, 0000 ALAN S. GREENE, 0000 JEAN E. SPRINGER, 0000 GARY G. BLOESL, 0000 ALAN M. GREENWOOD, 0000 DIANA L. STARKEY, 0000 PHILLIP W. BOGGS, 0000 RONALD A. GRIDLEY, 0000 KEVIN V. STEVENS, 0000 COREY K. BONNELL, 0000 GREGORY J GRINAKER, 0000 HILDEGARDE P. STEWART, 0000 CARMINE J. BORRELLI, 0000 CHRIS M GROOMS, 0000 FRANCIS J. STOECKER III, 0000 EDMUND J. BOWEN, 0000 DANIEL J HAAS, 0000 JULIE M. STOLA, 0000 MICHAEL L. BRAMBLE, 0000 KARL J HACKBARTH, 0000 NAOMI E. STRANO, 0000 GREGORY A. BRANIGAN, 0000 RICHARD D HALL, 0000 ANNATA RAE SULLIVAN, 0000 ROBERT M. BRASSAW, 0000 WILLIAM J HARKINS JR., 0000 PATRICIA J. SWEENEY, 0000 GREGORY T. BREAZILE, 0000 GERALD F HARPER JR., 0000 MYRON J. TASSIN JR., 0000 JAMES C. BRENNAN, 0000 DAWN L HARRISON, 0000 SHARON L. TAYLOR, 0000 MARK C. BREWSTER, 0000 JAMES D HAWKINS II, 0000 RACHEL VLK, 0000 JAMES M. BRIGHT, 0000 KEVIN A HAWLEY, 0000 KARLA J. VOY, 0000 BRADLEY W. BROWN, 0000 SHAWN D HEALY, 0000 MARY C. WAHL, 0000 MICHAEL H. BROWN, 0000 KARSTEN S HECKL, 0000 MARGARET M. WALSH, 0000 RAPHAEL P. BROWN, 0000 ANDREW J HEINO, 0000 ELIZABETH M. WILCOX, 0000 WILLIAM R. BROWN, 0000 MARK A HENSEN, 0000 CYNTHIA K. WRIGHT, 0000 KURT J. BRUBAKER, 0000 JAMES H HERRERA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEVEN L. BUCKLEY, 0000 HARRY J HEWSON III, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR WILLIAM S. BUDD, 0000 DAVID M HITCHCOCK, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: ERIC F. BUER, 0000 WILLIAM R HITTINGER, 0000 To be lieutenant colonel CRAIG M. BURRIS, 0000 MARK R HOLLAHAN, 0000 MARK A. BUTLER, 0000 CHARLES M HOLLER, 0000 MARK T. ALLISON, 0000 RAYMOND D. BUTLER, 0000 JEFFREY Q HOOKS, 0000 BARBARA B. ALTERA, 0000 TIMOTHY G. CALLAHAN, 0000 MATTHEW C HOWARD, 0000 ARLEN E. BEE, 0000 WILLIAM E. CALLAHAN, 0000 DAVID S HOWE, 0000 JOSEPH PAUL BIALKE, 0000 SCOTT D. CAMPBELL, 0000 STEPHEN M HOYLE, 0000 JAMES G. BITZES, 0000 RICHARD L. CAPUTO JR., 0000 DONALD E HUMPERT, 0000 WILLIAM B. BOYCE, 0000 JAMES K. CARBERRY, 0000 MICHAEL A HUNTER, 0000 SCOTT K. BRADSHAW, 0000 CHRISTOPHER C. CAROLAN, 0000 NANCY E HURLESS, 0000 JAMES R. BYRNE, 0000 WINFIELD S. CARSON JR., 0000 DOUGLAS G HURLEY, 0000 TODI S. CARNES, 0000 JEFFREY S. CARUSONE, 0000 JAMES H HUTCHINS, 0000 WENDY S. CARROLL, 0000 AUGUSTO G. CATA, 0000 HENRY M HYAMS III, 0000 FERDINANDO P. CAVESE, 0000 CURTIS E. CATENCAMP, 0000 THOMAS D IGNELZI, 0000 DAVID P. CHARITAT, 0000 ROBERT A. CECCHINI, 0000 CHRISTIAN A ISHAM, 0000 JOSEPH E. COLE, 0000 STEVEN E. CEDRUN, 0000 ANNETTE R JACOBSEN, 0000 DEBORAH L. COLLINS, 0000 JOHN H. CELIGOY, 0000 RUDOLPH M JANICZEK, 0000 JAMES H. DAPPER, 0000 JOHN M. CHADWICK, 0000 JEFFREY A JEWELL, 0000 KIRK L. DAVIES, 0000 DAVID G. CHANDLER, 0000 BRANDON F JOHNSON, 0000 MELINDA L. DAVIS PERRITANO, 0000 PHILLIP W. CHANDLER, 0000 CHARLES H JOHNSON III, 0000 ERIC L. DILLOW, 0000 IRA M. CHEATHAM, 0000 JAMES C JOHNSON JR., 0000 THOMAS F. DOYON, 0000 GREGORY L. CHESTERTON, 0000 MARK D JOHNSON, 0000 JAMES M. DURANT III, 0000 STEPHEN S. CHOATE, 0000 MARK T JOHNSON, 0000 THOMAS L. FARMER, 0000 THOMAS M. CLASEN, 0000 THOMAS V JOHNSON, 0000 MARK C. GARNEY, 0000 DAVID L. COGGINS, 0000 GARY S JOHNSTON, 0000 TIMOTHY A. HICKS, 0000 BIAGIO COLANDREO JR., 0000 DAVID R JONESE, 0000 STEPHEN P. KELLY, 0000 MICHAEL G. COLEMAN, 0000 WILLIAM M JURNEY, 0000 LESLIE D. LONG, 0000 ANTONIO COLMENARES, 0000 JEFFREY A KARNES, 0000 JAMES W. MEINDERS, 0000 DANIEL B. CONLEY, 0000 DAVIN M KEITH, 0000 BLAKE C. NIELSEN, 0000 SEAN P. CONLEY, 0000 PATRICK N KELLEHER, 0000 TERRY A. OBRIEN, 0000 WILLIAM J. CONLEY JR., 0000 MICHAEL W KELLY, 0000 MICHAEL J. OCONNOR, 0000 SHAWN P. CONLON, 0000 ANDREW R KENNEDY, 0000 MICHAEL J. OSULLIVAN, 0000 JAMES S. CONNELLY, 0000 MICHAEL W KETNER, 0000 FERAH OZBEK, 0000 JEFFREY T. CONNER, 0000 KEVIN J KILLEA, 0000 CHRISTOPHER M. PETRAS, 0000 KEVIN B. CONROY, 0000 MICHAEL P KILLION, 0000

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TRACY W KING, 0000 LARRY D RICHARDS II, 0000 JAMES F WERTH, 0000 BRIAN T KLINE, 0000 MICHAEL B RICHARDSON, 0000 JAMES W WESTERN, 0000 MARK D KNUTH, 0000 JOSEPH R RIZZO, 0000 JOSEPH S WHITAKER, 0000 VINCENT C KUCALA, 0000 EUGENE H ROBINSON JR., 0000 JAMES W WIECKING, 0000 MICHAEL L KUHN, 0000 ROD D ROBISON, 0000 ANDREW G WILCOX, 0000 DOUGLAS S KURTH, 0000 PAUL J ROCK JR., 0000 PATRICK R WILKS, 0000 CHRIS D LANDRY, 0000 STEVEN A ROSS, 0000 KIRK C WILLE, 0000 MICHAEL J LEE, 0000 GARY P RUSSELL, 0000 EUSEEKERS WILLIAMS JR., 0000 FREDERICK H LENGERKE, 0000 LAWRENCE S RYDER, 0000 GEORGE S WILLIAMS, 0000 JOSEPH A LETOILE, 0000 BRYAN F SALAS, 0000 BRENT S WILLSON, 0000 FRANK LUSTER III, 0000 MICHAEL SALEH, 0000 GARY A WINTERSTEIN, 0000 PAUL G MACK, 0000 TIMOTHY M SALMON, 0000 WILLIAM P WITZIG, 0000 KEVIN W MADDOX, 0000 NOEL B SANDLIN, 0000 KENNETH P WOLF JR., 0000 THOMAS P MAINS III, 0000 JAMES B SCHAFER, 0000 JEFFREY A WOLFF, 0000 KATHY J MALONEY, 0000 DAVID A SCHLICHTING, 0000 DAKOTA L WOOD, 0000 DAREN K MARGOLIN, 0000 DOUGLAS R SCHUELER, 0000 JOHN R WOODWORTH, 0000 GREGORY L MASIELLO, 0000 MARC A SEHRT, 0000 HUGH A WORDEN, 0000 REY Q MASINSIN, 0000 CHRISTOPHER C SEYMOUR, 0000 MARK A WORKMAN, 0000 DAVID W MAXWELL, 0000 ROSEANN L SGRIGNOLI, 0000 ANTHONE R WRIGHT, 0000 TIMOTHY A MAXWELL, 0000 ANDREW G SHORTER, 0000 JOHN T YANVARY, 0000 MICHAEL A MCCARTHY, 0000 JOSEPH F SHRADER, 0000 MARK E YAPP, 0000 MITCHELL J MCCARTHY, 0000 SCOTT C SHUSTER, 0000 SCOTT E YOST, 0000 THOMAS R MCCARTHY JR., 0000 PAUL G SICHENZIA, 0000 MICHAEL W YOUNG, 0000 DARIN J MCCLOY, 0000 JAMES L SIGMON III, 0000 ROBERT C YOUNG, 0000 BRIAN K MCCRARY, 0000 CHRISTOPHER J SILL, 0000 KENNETH ZIELECK, 0000 KEVIN F MCCRAY, 0000 JOHN A SISSON, 0000 PHILLIP J ZIMMERMAN, 0000 LANCE A MCDANIEL, 0000 SCOTT R SIZEMORE, 0000 JAMES F MCGRATH, 0000 STEPHEN D SKLENKA, 0000 IN THE NAVY DAVID W MCMORRIES, 0000 WILLIAM N SLAVIK, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRAD J MCNAMARA, 0000 ANDREW H SMITH, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRENT E MEEKER, 0000 ANTONIO B SMITH, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JACQUELINE R MELTON, 0000 LARRY E SMITH II, 0000 LUIS A MERCADO, 0000 RICHARD C SMITH, 0000 To be commander GLEN MILES, 0000 RUSSELL E SMITH, 0000 SCOTT T MINALDI, 0000 STEPHANIE C SMITH, 0000 ROSEMARIE H. O’CARROLL, 0000 JAMES J MINICK, 0000 CHRISTOPHER B SNYDER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DENNY A MIRELES, 0000 BRUCE W SODERBERG, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY FRANK G MITTAG, 0000 NANCY A SPRINGER, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JACK P MONROE IV, 0000 CHRISTOPHER C STARLING, 0000 EDWARD M MONTGOMERY, 0000 JOHN B STARNES, 0000 To be lieutenant commander LOUIS J MORSE JR., 0000 DENNIS R STEPHENS, 0000 FRANK R MOTLEY JR., 0000 JAMES C STEWART, 0000 JOHN M. HAKANSON, 0000 PAUL L MULLER, 0000 RICHARDO C STEWART, 0000 MICHAEL J MURPHY, 0000 MICHAEL R STROBL, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANDREW J MURRAY, 0000 SAMUEL T STUDDARD, 0000 TO THE GRADE INDICATED IN IN THE UNITED STATES RICHARD J MUSSER, 0000 EUGENE L SUMMERS, 0000 NAVY UNDER TITLE 10, U.S.C., SECTION 624: STEPHEN M NEARY, 0000 FRANK J SVET, 0000 To be lieutenant commander SAMUEL C NELSON III, 0000 MICHAEL M SWEENEY, 0000 RANDALL P NEWMAN, 0000 STEPHEN P SWEENEY, 0000 DANIEL P ARTHUR, 0000 STEPHEN C NEWMAN, 0000 TRACY J TAFOLLA, 0000 JOSEPH J BIONDI, 0000 TERRENCE A OCONNELL, 0000 TROY D TAYLOR, 0000 MARK E COOPER, 0000 PATRICK ODONNELL, 0000 TRAVIS A TEBBE, 0000 ROBERT V DANIELS, 0000 MICHAEL R ORR, 0000 STEPHEN R TERRELL, 0000 CHRISTOPHER S DIGNAN, 0000 DAVID A OTTIGNON, 0000 HUGH V TILLMAN, 0000 JAMES S DYE, 0000 JOSEPH T PARDUE, 0000 PAUL TIMONEY, 0000 TIMOTHY T EARL, 0000 DOUGLAS W PASNIK, 0000 WILLIAM A TOSICK II, 0000 JASON C EATON, 0000 PAUL D PATTERSON JR., 0000 VAN K TRAN, 0000 THOMAS J FITZGERALD, 0000 ROY D PAUL, 0000 JOHN D TROUTMAN, 0000 TIMOTHY J HERALD, 0000 CURTIS M PERMITO, 0000 DAVID L TURNER, 0000 CHARLES B JACKEL, 0000 ROBERT A PESCATORE, 0000 DARIO W VALLI, 0000 GARY L JACOBSEN, 0000 ROBERT R PIATT, 0000 KRISTI L VANGORDER, 0000 RICHARD LEBRON, 0000 CHARLES D PINNEY, 0000 DALE S VESELY, 0000 HANS E LYNCH, 0000 PAUL A POND, 0000 WILLIAM A VISTED, 0000 MATTHEW S MEMMELAAR, 0000 PETER D PONTE, 0000 JAMES A VOHR, 0000 MATTHEW J MULCAHY, 0000 SERGIO POSADAS, 0000 COLBY C VOKEY, 0000 CHASE D PATRICK, 0000 ROBERT D PRIDGEN, 0000 CHRISTOPHER J WAGNER, 0000 STEPHEN J PAYSEUR, 0000 CHARLES E PROTZMANN, 0000 THOMAS F WALSH III, 0000 EDWARD J ROBLEDO, 0000 JOHN M PUSKAR, 0000 HOWARD S WALTON, 0000 STACY L SCHWARTZ, 0000 WARD V QUINN III, 0000 JOHN J WANAT, 0000 JOHN J SEIFERT, 0000 JEFFREY M REAGAN, 0000 ANDREW J WAREHAM, 0000 CALVIN F SWANSON, 0000 DAVID L REEVES, 0000 VINCENT P WAWRZYNSKI, 0000 BRIAN L TOTHERO, 0000 GERALD R REID, 0000 JOHN S WEDEMEYER, 0000 RICHARD K VERHAAGEN, 0000 PHILLIP J REIMAN, 0000 THOMAS D WEIDLEY, 0000 ALEXIS T WALKER, 0000 JOHN C REIMER, 0000 BRADLEY E WEISZ, 0000 JOHN A WARDEAN, 0000 AUSTIN E RENFORTH, 0000 DAVID P WELLS, 0000 JAMES A WIEST, 0000 STEPHEN E REYNOLDS, 0000 STEPHEN A WENRICH, 0000 WALTER C WRYE IV, 0000

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HONORING THE JAVITS-WAGNER- America, Troop 121, and in earning the most grandchildren and 3 great-grandchildren. They O’DAY PROGRAM prestigious award of Eagle Scout. can all be proud of John and join with me in Andrew has been very active with his troop, celebrating his life and thanking him for his HON. TOM DAVIS participating in such scout activities as camp tireless service. It is hard to imagine that someone could OF VIRGINIA Geiger. Over the 11 years he has been in- volved in scouting, he has held numerous commit 36 years of their life to one cause and IN THE HOUSE OF REPRESENTATIVES leadership positions, serving as librarian, do it so well. But John Lee has done that as Tuesday, February 25, 2003 scribe, instructor, patrol leader and senior pa- a member of the Brantley County education Mr. TOM DAVIS of Virginia. Mr. Speaker, I trol leader. Andrew also has been honored for board, and he has done it with great humility. would like to take this opportunity to honor the his numerous scouting achievements with I am glad that Mr. Lee will now be able to Javits-Wagner-O’Day (JWOD) Program for such awards as Junior Leader Training Award relax and enjoy his life as a simple farmer, their strong portrayal of public service and and the Bronze Eagle Palm Award. which is his natural profession, having farmed dedication to the blind and severely disabled. For his Eagle Scout project, Andrew con- all of his life. He is a deacon and member of For the past 64 years JWOD has provided structed an ornamental flower garden at the Hickox Baptist Church, and it is high time that 38,000 disabled Americans with opportunity, main entrance of Simpson park in Chillicothe, he be able to enjoy the days in Hickox, GA. incentive, and employment. Through this pro- MO. He has earned his time to rest, and the entire gram, dedicated employees provide federal Mr. Speaker, I proudly ask you to join me in State of Georgia is indebted to him and his and military consumers with a wide array of commending Andrew Michael Pepper for his service. Thank you John Lee, you have meant SKILCRAFT and other high JWOD products accomplishments with the Boy Scouts of more to the people of Brantley County than and services. America and for his efforts put forth in achiev- you could know, and you will never be forgot- In addition, JWOD provides a plethora of ing the highest distinction of Eagle Scout. ten. product categories that include office supplies, f f military specific, safety, maintenance, repair, TRIBUTE TO SAM H. BOYCE medical-surgical, janitorial-sanitation, and HONORING MR. JOHN ISSAC LEE customization. JWOD also provides many OF HICKOX, GA service to the federal and military customers HON. MARION BERRY that include call center and switchboard oper- HON. JACK KINGSTON OF ARKANSAS IN THE HOUSE OF REPRESENTATIVES ations, military base and federal office building OF GEORGIA supply centers, CD-Rom duplication-replica- IN THE HOUSE OF REPRESENTATIVES Tuesday, February 25, 2003 tion, data entry, document imaging, and Tuesday, February 25, 2003 Mr. BERRY. Mr. Speaker, I rise today to grounds care. pay tribute to a great Arkansan and an out- I commend Javits-Wagner-O’Day Program Mr. KINGSTON. Mr. Speaker, it is with great standing citizen. I am proud to recognize Sam and the opportunities it provides for an under- pleasure that I rise to honor Mr. John Isaac Boyce in the U.S. Congress for his invaluable employed category of deserving citizens. Fur- Lee today. Mr. Lee is a champion of education contributions and service to his community, his thermore, due to the exceptional quality and as well as a devoted husband and father. state and his nation. socioeconomic benefits of the program I urge John is the longest serving member of the Sam showed signs of the talent, determina- my colleagues to purchase SKILLCRAFT and Brantley County Board of Education and will tion and achievement that have been the hall- JWOD products from the Capitol Hill Office be retiring after 36 years of service at the end marks of his career at an early age, when he Supply Store. of this term. It is for his service to the State graduated valedictorian from Tuckerman High The JWOD Program is administered by the of Georgia and the people of Brantley County School in 1949. After receiving a bachelor of president-appointed Committee For Purchase that I wish to thank him, and I can think of no science in journalism from the University of Ar- From People Who are Blind and Disabled, as- better place to honor him, than within these kansas, Sam served his country in the Armed sisted by National Industries for the Blind great walls of the U.S. House of Representa- Forces, rising to the rank of Second Lieuten- (NIB) and NISH, who work in co-operation tives. ant in the Army Signal Corps. with more than 650 non-profit agencies to en- John Lee was first nominated to be on the In 1958, Sam graduated with his law degree sure disabled persons receive quality employ- Brantley County Board of Education by Mrs. from the University of Arkansas. Since then, ment. Mabel Moody and elected by grand jury on Sam used his legal acumen to champion the Mr. Speaker, I extend my warmest gratitude October 1, 1968. From that time until now, he rights of Arkansans in the legal system and to to the Javits-Wagner-O’Day Program for their has served in this capacity continuously, with assume a leading role on two issues of par- admirable contributions to Fairfax County, Vir- not one break in service. In fact, during his 34 ticular importance to the people of Arkansas: ginia. The program is distinguished through year tenure, he has missed only one regularly worker’s compensation and Social Security. their devotion on disabled citizens and com- scheduled meeting; which was when he de- During his career, he co-chaired United Labor munity service. I call upon my colleagues to cided that he would attend his son’s gradua- of Arkansas, chaired the Arkansas Trial Law- join me in applauding their achievements and tion from the University of Georgia. Mr. Lee yers Worker’s Compensation section and supporting their cause. has believed in his commitment to the stu- served on the Legislative Ad Hoc committee f dents that he served. It is only fitting that on Worker’s Compensation Reform. His work when John decided to have hip replacement on Social Security issues includes chairing the RECOGNITION OF ANDREW surgery on both of his hips, he made sure that Social Security Committee of the Arkansas MICHAEL PEPPER the surgery and recovery would not conflict Bar Association and his continuing service on with any of his duties as a board member. the Executive Committee of the National Orga- HON. SAM GRAVES The students and teachers that live in nization of Social Security Claimants Rep- OF MISSOURI Brantley County all know how wonderful Mr. resentatives. IN THE HOUSE OF REPRESENTATIVES Lee is, Mr. Speaker. But probably none know Above all, Sam’s career has centered on as well as his family that loves him so dearly. service and leadership. In the 1960’s, Sam Tuesday, February 25, 2003 In addition to being a county school board twice ran for statewide office, including a gu- Mr. GRAVES. Mr. Speaker, I proudly pause member, John Lee was married to Mrs. Eula bernatorial bid in 1966. Later, Sam was a to recognize Andrew Michael Pepper, a very Mae Herrin for 58 years before she passed member of the Arkansas Bar Association special young man who has exemplified the away, unfortunately, on October 16, 1998. To- House of Delegates and continues to serve on finest qualities of citizenship and leadership by gether they raised 3 sons and 3 daughters, the Board of Governors of the Arkansas Trial taking an active part in the Boy Scouts of and John is the proud grandfather of 15 Lawyers.

∑ 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 Dec 13 2002 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.001 E25PT1 E276 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2003 He’s a man who has truly used his talents ple of Nagorno Karabakh struggled bravely RECOGNITION OF THE NATIONAL and abilities, particularly his legal expertise, to and selfessly in the face of tremendous institu- ASSOCIATION OF RETIRED FED- benefit the people in his community and tionalized violence and oppression orches- ERAL EMPLOYEES, CHAPTER 307, across Arkansas. He has made life better and trated by succeeding totalitarian governments. ST. JOSEPH, MISSOURI richer for all—like me—who were lucky Despite years of ethnic cleansing, forced eco- enough to call him a friend. On behalf of Con- nomic discrimination and state-sponsored vio- HON. SAM GRAVES gress, I pay tribute to Sam Boyce for his tire- lence and intimidation, residents of Nagorno less service to the people of Arkansas and the Karabakh, 96 percent of whom are Armenian, OF MISSOURI United States. never strayed in their struggle for independ- IN THE HOUSE OF REPRESENTATIVES f ence. It wasn’t until the collapse of the Soviet Tuesday, February 25, 2003 Union and the end of the cold war that they HONORING INOVA MOUNT VERNON were to get their wish, but not without cost. Mr. GRAVES. Mr. Speaker, I proudly pause HOSPITAL, THE MOUNT VERNON- Armed conflict engulfed the region in the early to recognize the National Association of Re- LEE CHAMBER OF COMMERCE 1990s, but a fragile peace has not taken hold. tired Federal Employees, Chapter 307 of St. LARGE BUSINESS OF THE YEAR, It is for these reasons that I urge my col- Joseph, Missouri on this, their 50th Anniver- 2002 leagues to take this historic opportunity, in- sary. spired by the anniversary of their most recent The National Association of Retired Federal HON. TOM DAVIS struggle to live in freedom and the free and Employees is dedicated to protecting the OF VIRGINIA transparent elections they have held since earned retirement benefits of Federal employ- IN THE HOUSE OF REPRESENTATIVES 1996, to support this fledgling democracy. The ees, retirees and their survivors. The organiza- tion was founded in 1921 by fourteen Federal Tuesday, February 25, 2003 people of Nagorno Karabakh are to be con- gratulated for their perseverance and resolve employees and has grown over the years to Mr. TOM DAVIS of Virginia. Mr. Speaker, I in their struggle for self-determination on this more than 400,000 Federal and Postal em- would like to take this opportunity to honor 15th anniversary. I hope that this Congress ployees, retirees, spouses and survivors. Inova Mount Vernon Hospital, which was will continue to assist them in the continued Mr. Speaker, I proudly ask you to join me in named the 2002 Large Business of the Year development of their new democracy, which commending Chapter 307 for their accom- from the Mount Vernon-Lee Chamber of Com- serves as a beacon of hope to oppressed plishments with the National Association of merce. people seeking democracy around the globe. Retired Federal Employees and in congratu- Having served its community with steadfast lating them on their 50th anniversary. dedication for over 25 years, Inova Mount f Vernon Hospital is well deserving of this rec- f ognition. Since 1977, Inova Mount Vernon NATIONAL VISITING NURSE Hospital has been devoted to providing quality ASSOCIATIONS WEEK HONORING THE MOUNT VERNON health care services in the most customer- VOICE, THE MOUNT VERNON-LEE friendly service environment possible. HON. JOHN E. PETERSON CHAMBER OF COMMERCE NEW In 2002 the hospital implemented its ‘‘Serv- BUSINESS OF THE YEAR, 2002 ice Excellence—Straight From the Heart’’ OF PENNSYLVANIA focus to provide all staff, volunteers, and phy- IN THE HOUSE OF REPRESENTATIVES HON. TOM DAVIS sicians additional tools to meet and exceed Tuesday, February 25, 2003 OF VIRGINIA the service expectations of their patients. This new service campaign produced fantastic re- Mr. PETERSON of Pennsylvania. Mr. IN THE HOUSE OF REPRESENTATIVES sults, with impatient and outpatient satisfaction Speaker, it is my honor to introduce to my col- Tuesday, February 25, 2003 increasing substantially. leagues a resolution establishing a National Mr. TOM DAVIS of Virginia. Mr. Speaker, I In the interest of promoting health and Visiting Nurse Associations Week. Serving would like to take this opportunity to honor the wellness, the hospital regularly offers free communities around the country for over 120 Mount Vernon Voice, which has recently been blood pressure screenings and each fall pro- years, congressional recognition and gratitude named the 2002 New Business of the Year by vides an opportunity for community members for these nonprofit home health agencies is the Mount Vernon-Lee Chamber of Com- to receive flu shots. Health fairs and free long over due. Currently, they are composed merce. health screenings are frequently offered as of 500 different associations and care for over well. Through these activities, Inova Mount 4,000,000 patients each year, many of whom The Voice, founded by Marlene Miller and Vernon Hospital has clearly established itself are chronically ill and unable to pay medical Steve Hunt, is a weekly newspaper dedicated as a prominent and vital member of the North- expenses. to providing complete community coverage of ern Virginia business and health care commu- In a country crippled with staggering health the Mount Vernon and Lee Districts and the nities. care and medical costs, the Visiting Nurse As- City of Alexandria. Having celebrated its one- Mr. Speaker, in closing, I call upon my col- sociation continually and successfully works to year anniversary in January 2003, the Mount leagues to join me in congratulating Inova achieve its mission of cost-effective and com- Vernon Voice has already proven to be a Mount Vernon Hospital and its staff for their passionate home and community-based health good neighbor and an invaluable member of many achievements, and wish them continued care to individuals regardless of the individ- its community. success in the future. uals’ condition or ability to pay for services. Being the only newspaper located in the They are a leading provider of mass immuni- community, it serves and is staffed by resi- f zations in the Medicare program and con- dents of the area. Additionally, the Voice is NAGORNO KARABAKH 15TH stitute over 50 percent of all Medicaid home proud to sponsor numerous community events ANNIVERSARY health admissions. The association relies and organizations, including Mount Vernon heavily upon volunteer nurses and reinvests Community Day, the Mount Vernon Orchestra, HON. PATRICK J. KENNEDY any budget surplus into charity care, adult day Lee District Nights, educational forums on OF RHODE ISLAND care centers, wellness clinics, Meals-on- local public schools, the Alexandria Red Cross Wheels, and immunization programs. Waterfront Festival, the Animal Welfare IN THE HOUSE OF REPRESENTATIVES This resolution would designate the second League’s Canine games, and many more Tuesday, February 25, 2003 full week in February as National Visiting community functions. Mr. KENNEDY of Rhode Island. Mr. Speak- Nurse Associations Week in order to increase Located in the heart of the 11th District of er, I rise to speak today to extend my con- public awareness of the charity-based organi- Virginia, the Mount Vernon Voice has estab- gratulations to the people of the Nagorno zation. They unquestionably deserve recogni- lished itself as a vital member of the Northern Karabakh Republic, who are celebrating the tion for their noble services and by estab- Virginia community. 15th anniversary of the Karabakh Movement lishing this resolution Congress would support Mr. Speaker, in closing, I call upon my col- for Independence. On February 20, 1988, the the continuation of their mission. leagues to join me in congratulating the Mount Legislature of Nagorno Karabakh, officially pe- I am proud to recognize these invaluable Vernon Voice and its staff for their many titioned the then-Soviet Union to reunite with contributions of our VNA’s by cosponsoring achievements, and wish them continued suc- their ethnic compatriots in Armenia. The peo- this legislation. cess in their future endeavors.

VerDate Dec 13 2002 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.004 E25PT1 February 25, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E277 A RESOLUTION TO URGE THE through an enriched curriculum that keeps the HONORING FRANK MEEKS AS THE PRESIDENT TO PRESENT A children excited, and unique programs that ap- MOUNT VERNON-LEE CHAMBER PRESIDENTIAL CITIZENS MEDAL peal to a wide variety of younger children. OF COMMERCE CHAMBER CIT- TO FREDERICK DOUGLASS The new Character Education Program and IZEN OF THE YEAR, 2002 the school’s determination to create a caring HON. ALCEE L. HASTINGS environment for everyone shows the strong HON. TOM DAVIS OF FLORIDA commitment Meadow Elementary has to de- OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES veloping student character. Each month Mead- IN THE HOUSE OF REPRESENTATIVES ow students and staff focus on different char- Tuesday, February 25, 2003 Tuesday, February 25, 2003 acter traits, and are rewarded for efforts to Mr. HASTINGS of Florida. Mr. Speaker, I achieving the month’s traits. The Program em- Mr. TOM DAVIS of Virginia. Mr. Speaker, I rise today to urge the President to present phasizes traits that students should strive for, rise today to honor Mr. Frank Meeks, who has posthumously a Presidential Citizens Medal to such as: responsibility, cooperation, respect, recently been named the Chamber Citizen of Frederick Douglass, in recognition of his generosity, perseverance, acceptance/toler- the Year by the Mount Vernon-Lee Chamber achievements in civil rights and service to the ance, honesty, compassion, fairness, and self- of Commerce. nation. discipline. Mr. Meeks earned a degree in political Abolitionist, editor, orator, reformer, and civil The Meadow School has many wonderful science and English from the University of rights activist, Frederick Douglass was one of programs designed to ensure each child re- Southern Mississippi, with the goal of attend- the most influential African-American leaders ceives individual attention. The special edu- ing law school. In order to help defray the cost of the 19th century. The fourth of seven chil- cation program is unique to the school. All stu- of continuing his education, he became a de- dren born to a field hand in Talbot County, dents in the district, in grades Kindergarten livery boy for Domino’s Pizza in 1979. Within MD, Frederick Douglass escaped slavery with through 5, requiring special education go to a short amount of time, Mr. Meeks became great adversity to become a forefather in civil Meadow. Currently, there are 80 students in manager of the store, and decided to stay with and women’s rights. the program. Also, the English as a Second Domino’s. In December 1980, Mr. Meeks took 2 years Throughout his extraordinary life, Frederick Language program helps 30 students every off from Domino’s Pizza and served as a con- Douglass gained international prominence for day conquer their fears and language barriers. RENT LOTT, then his lecturing and autobiographical writings, in Long Island students receive a better edu- gressional aide for Senator T a Member of the House of Representatives. which he detailed the callousness of slavery. cation thanks to the faculty and teachers of Mr. Meeks continued to earn extra money by However, his notoriety was largely attributed Meadow Elementary School and I am proud to assisting Domino’s Pizza in opening up new to the founding of the North Star, a weekly name them school of the month for February. stores in the Virginia area. After 2 years with newspaper that not only spoke out against f Mr. LOTT, Mr. Meeks decided to return to slavery and oppression, but also served as a Domino’s and was awarded the franchise for station on the Underground Railroad. CONGRATULATING COACH ROBERT Douglass’ civil rights achievements were CAPELLO ON HIS 800TH CAREER Northern Virginia and Washington, DC. Mr. also highlighted by a successful political ca- VICTORY Meeks opened his first store in July 1983 in reer. As a staunch Republican, Douglass Alexandria, Virginia. Today, Frank Meeks served as an advisor to Presidents Abraham HON. RUBE´N HINOJOSA oversees the operation of fifty-nine Domino’s Pizza stores in Washington, DC, Maryland, Lincoln and Andrew Johnson. He was ap- OF TEXAS and Northern Virginia. Mr. Meek’s franchise, pointed as Assistant Secretary of the Commis- IN THE HOUSE OF REPRESENTATIVES Domino’s Pizza Team Washington, continues sion of Inquiry to Santo Domingo by President Tuesday, February 25, 2003 Ulysses S. Grant, was appointed U.S. Marshal to be one of the top franchises in Domino’s of the District of Columbia by President Ruth- Mr. HINOJOSA. Mr. Speaker, I would like to Pizza, Inc. Under Mr. Meek’s leadership, Team Wash- erford B. Hayes, and was named Recorder of call to the attention of my colleagues the re- ington has been active in supporting area Deeds for the District of Columbia in 1881 by markably successful coaching career of Rob- schools. Team Washington has generously President James L. Garfield, all of which were ert Capello, the long-time coach for Edcouch- contributed to the post prom and after gradua- firsts for African Americans. Elsa High School in my congressional district. tion parties in Fairfax County, Virginia, and My Speaker, for these achievements and Coach Capello recently celebrated his 800th Montgomery County, Maryland. In addition, many others, which are too numerous to career victory, making him the only Hispanic Team Washington has also contributed to the name, I urge my colleagues to support this high school basketball coach in the Nation Washington’s Children’s National Medical legislation and the subsequent letter to the with 800 victories. Even more remarkable, Center, Food and Friends, Mount Vernon High President urging him to posthumously present Coach Capello boasts a 69 percent victory percentage over his 36-year career at the School, and numerous other organizations. a President Citizens Medal in honor of Fred- Mr. Speaker, in closing, it gives me great erick Douglass. helm of the Edcouch-Elsa Yellowjackets. His great success over the years is evidenced not pleasure to extend my warmest congratula- f only by that career victory milestone but by tions to Mr. Frank Meeks. I call upon my col- FEBRUARY SCHOOL OF THE the many championships his teams have won. leagues to join me in honoring him for all of MONTH The Edcouch-Elsa Basketball Team has been his success and dedication to his work and District Champions for 11 of the past 19 years. the community. HON. CAROLYN McCARTHY They have played in the Texas State playoffs f OF NEW YORK in 19 of the past 21 years. They are the first TRIBUTE TO DELOISE JONES IN THE HOUSE OF REPRESENTATIVES school in the Rio Grande Valley to send four players to the Texas High School Coaches Tuesday, February 25, 2003 Association South All Star games. HON. BENNIE G. THOMPSON OF MISSISSIPPI Mrs. MCCARTHY of New York. Mr. Speak- Robert Capello is not only an excellent bas- IN THE HOUSE OF REPRESENTATIVES er, I have named Meadow Elementary in the ketball coach, he has also been an extraor- Baldwin Union Free School District as School dinary role model and mentor to hundreds of Tuesday, February 25, 2003 of the Month in the Fourth Congressional Dis- boys and girls who have graduated from Mr. THOMPSON of Mississippi. Mr. Speak- trict for February 2003. Mrs. Joan M. Flatley is Edcouch-Elsa High School over the years. He er, in commemoration of Black History Month, the Principal at Meadow School, Ms. Cora inspires his athletes to excel both on the court I would like to take this opportunity to recog- Ianuario is Assistant Principal, and Dr. Kathy and in the classroom, and has encouraged all nize the many accomplishments of distin- Weiss is the Superintendent of Schools in the students at Edcouch-Elsa to reach their fullest guished African-Americans in Mississippi’s Baldwin Union Free School District. The potential by pursuing a college education. Second Congressional District. school has 750 students in grades Kinder- Mr. Speaker, I ask all Members of Congress Today I rise to pay tribute to Deloise Jones. garten through 5. to join me in congratulating Coach Robert Mrs. Jones is a native of Jackson, Mississippi. The Meadow Elementary School Community Capello for his 800th career basketball victory, She earned a bachelor’s degree in Economics is a close-knit body of parents, teachers, stu- and for his 36 years of inspirational leadership from Tougaloo College. She then went on to dents, and administrators. Their goal is to en- and caring commitment to the students of earn a master’s degree in Early childhood sure each child a stable early education Edcouch-Elsa High School. Education from Jackson State University.

VerDate Dec 13 2002 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.010 E25PT1 E278 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2003 Mrs. Jones began her career as an econo- cians dedicate their lives to bringing The most important thing we’ve accom- mist with the Labor Department in Wash- healthcare into the homes of over 4 million plished with welfare reform has been to con- ington, DC. In 1981, she became an elemen- Americans every year. In the face of rising nect a generation of children with the culture tary teacher in the Jackson Public School costs and drastic changes in our health care of work. Most of us grew up watching our par- (JPS) District in Jackson, Mississippi, where system, visiting nurse associations have con- ents go to work. We internalized the value of she has served since. In 1994, she served a tinue to deliver high quality health services for work and now are passing these values onto 4-year tenure as president of the Jackson As- over 120 years. our own children. Today, millions of children sociation of Educators. It is time for Congress to recognize the vital who would otherwise have grown up in a Mrs. Jones has received numerous awards services that visiting nurses provide their pa- home where work was alien, now are being and recognitions for her commitment and serv- tients. Moreover, visiting nurses also are an raised in a home where they are learning the ice in the interest of public education and the indispensable lifeline for families. The comfort routine of work. teaching profession. These acknowledgments and quality care that visiting nurses provide In my state of Illinois, caseloads dropped include the Silver Apple Award, which she was can help family members cope with the dif- 74.9 percent between 1996 and 2001, and, presented by JPS Board of Directors in 1983. ficulties of a loved one’s illness. despite the recession, continued to fall an ad- In 1988, she was appointed as a teacher rep- I am proud to be introducing this important ditional 23.7 percent in 2002. Many credit our resentative to the Paperwork Reduction Task legislation with my colleague Representative strong success in caseload reduction to the Force by then Governor Ray Mabus. And, PETERSON and urge my colleagues to join us state’s innovative use of the flexibility in the most recently was selected as teacher of the in supporting National Visiting Nurse Associa- original legislation, allowing Illinois to provide year by her colleagues at the elementary tion Week. appropriate support for families making the school where she currently works. f transition from welfare to work. The proposed Mrs. Jones is a valued member of the com- reauthorization will have a particularly disas- PERSONAL RESPONSIBILITY, trous effect on states like Illinois that have munity and her contributions are greatly ap- WORK, AND FAMILY PROMOTION preciated. taken advantage of family support provisions ACT OF 2003 to make notable progress. By removing the f SPEECH OF support system that has allowed many to get INTRODUCTION OF NATIONAL VIS- off and stay off welfare, this legislation is likely ITING NURSE ASSOCIATION HON. RAHM EMANUEL to create major setbacks in the progress of re- WEEK OF ILLINOIS form. IN THE HOUSE OF REPRESENTATIVES The Democratic substitute amendment Thursday, February 13, 2003 builds on the success of the 1996 reforms. It HON. EDWARD J. MARKEY retains the strong work incentives that not only Mr. EMANUEL. Mr. Chairman, I rise today OF MASSACHUSETTS help individuals go back to work, but provide in opposition to H.R. 4, the Personal Respon- IN THE HOUSE OF REPRESENTATIVES then with greater job security by helping them sibility, Work, and Family Promotion Act of Tuesday, February 25, 2003 become better educated, and train for better 2003, and in support of the Democratic sub- Mr. MARKEY. Mr. Speaker, today Rep- jobs. It recognizes the importance of giving stitute amendment. mothers with young children the flexibility to resentative JOHN PETERSON and I are intro- For twenty years, a complicit agreement re- take care of their children. It eliminates the ducing a bill to establish an annual National garding welfare existed between conservatives current exclusion of legal immigrants from the Visiting Nurse Association Week during the and liberals in this country. Conservatives re- system. second week of May in honor of the army of fused to devote more money to the program, The Republican legislation represents a re- health care heroes who, every day, comfort, and liberals refused to demand anything of re- turn to the failed ideologies of the past. It is care for, and assist our loved ones. Modern cipients. We lost two generations of Ameri- not realistic to count the number of new hours society takes for granted the need for nursing cans to this failed system of dependency. of work mandated by this bill, and call reform as an indispensable component of our public I am a long-time believer in welfare reform. a success. In voting for this legislation, you health system, but this was not always the I worked in the White House and with the are voting against education and training to case. The very concept of a visiting nurse can Congress to help enact the welfare reform leg- help current welfare recipients get out of dead- be traced to the pioneering work of Florence islation of 1996—and I was proud to be a part end jobs. You are voting for standards that will Nightingale. She reformed British military hos- of the strong, bipartisan reform that legislation create hardships for working mothers, and add pitals in the Crimean War through an expose created. I applaud my colleagues in the House thousands to waiting lists for child care. You in the British press, she professionalized nurs- on both sides of the aisle who helped to pass are voting to continue to exclude legal immi- ing and made it an acceptable profession for what has been a landmark of successful re- grants from participating in a program that educated women, devoted the rest of her life form. The 1996 reforms broke from the past would help them to contribute to this country to building on her experiences, setting stand- with a new approach that grounded the wel- rather than being simply a drain on the sys- ards and writing books, until the mission of fare system in the values of work and respon- tem. nursing had gained the respect of the world. sibility. It was a bold and daring experiment In fact, I find the title of this legislation iron- When Henry Wadsworth Longfellow read of that worked. ic: The Personal Responsibility, Work, and the work of Florence Nightingale, he penned a Instead of simply handing needy families a Family Promotion Act in fact stifles personal poem, Santa Filomena, that spoke of the deep check, we created new opportunities for fami- responsibility, discourages work, and creates appreciation owed by all of us to those dedi- lies on welfare. By providing access to edu- hardship for families. Inherent in the concept cated to service in the ultimate caring profes- cation and training, we helped welfare recipi- of personal responsibility is making the choice sion. He wrote: ents to get better and more lucrative jobs. to work towards self-improvement. By man- Whene’er a noble deed is wrought, Recognizing recipients’ need to care for their dating more hours of work while limiting the Whene’er is spoken a noble thought, young children, we helped them to get child training and education options are available to Our hearts, in glad surprise, care, and allowed mothers of young children workers, this bill removes all incentive for per- To higher levels rise. modified work requirements. Realizing that sonal responsibility. The tidal wave of deeper souls many low-paying jobs do not provide health in- Promoting work is not as simple as increas- Into our inmost being rolls, surance, we instituted transitional medical as- ing work hours. There are likely to be count- And lifts us unawares sistance for families coming off welfare. less individuals who, because they do not Out of all meaner cares. Since enactment of the 1996 reforms, en- have the time, health, or child care resources The Visiting Nurse Associations of today are rollment has plunged more than 50 percent. to work forty hours each week, or simply can- founded on the principle that the sick, the dis- The percentage of welfare recipients who work not find a job where they are permitted to abled, and the elderly benefit most from has increased five-fold over the past decade, work forty hours, will choose instead not to healthcare when it is offered in their own and states now spend more on work support work at all. If this legislation aims to promote homes. They are non-profit home health agen- than on cash benefits. Thanks in large part to work, it must do so by making work more real- cies that provide cost-effective and compas- welfare reform, 8 million people left poverty in istic for workers and their families, not by im- sionate home and community-based health the 90s, teen pregnancy dropped by more posing mandates that make working more dif- care to individuals, regardless of their condi- than 20 percent, and child support collections ficult. tion or ability to pay for services. Through doubled. We are moving in the right direction Lastly, the legislation creates untold hard- these exceptional organizations, 90,000 clini- because we were true to our common values. ship for families. By increasing mandated work

VerDate Dec 13 2002 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.014 E25PT1 February 25, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E279 hours, while eliminating the current accommo- The Rent-All Center can best be described favorite people in the world, one of his great- dation for women with young children, the bill as a family-operated business. While currently est heroes. To the McCool family, and the will vastly increase the need for child care, managed by Douglas Jones and Judith Beyer, families of all the astronauts we lost, I pledge without providing resources to the states to the children of Freeman and Lois Jones, on that their loved ones’ deaths are not in vain. pay for it. Beyond this, the fact that the legisla- any given day three generations of family Their enthusiasm and passion to explore the tion limits opportunities for education and vo- members can be found working there. skies beyond us in the interest of mankind will cational training will keep many individuals in In addition to its outstanding business ethic, always hold our deepest gratitude. And the dead-end, low-paying jobs, with limited possi- the Rent-All Center has distinguished itself space program their husbands, wives, moth- bility to create better opportunities for their through its commitment to serving the local ers, fathers, sons and daughters died for will families. community through participation in numerous live on in their honor. Creating bipartisan compromise on welfare community organizations, such as the South- As we begin to understand the cir- reform is never easy. It took us three tries to east Fairfax Development Corporation. Rent- cumstances surrounding Columbia’s loss that find a bill that worked in 1996. However, in All Center also supports youth sports, and is Saturday morning over Texas, we must re- this time of economic hardship for our nation, a member of the Board of Directors of the member what NASA embodies. It was found- and our states in particular, it is even more es- Woodlawn Little League. ed in 1958 to explore a new frontier, discover sential that the Congress works in a bipartisan Mr. Speaker, in closing, I call upon my col- new heights and wonders in science. It is re- fashion to forge compromise on a welfare re- leagues to join me in congratulating Douglas sponsible for cutting-edge aeronautics re- form reauthorization that works. Welfare re- Jones, Judith Beyer, and all those associated search in a aerodynamics, wind shear, wind form succeeded in 1996 when we stopped with the Rent-All Center for their many tunnels, flight testing and computer simula- making it a political issue, and devoted our achievements, and wish them continued suc- tions. It has performed invaluable research on selves to passing meaningful legislation. cess in their future endeavors. ways to dampen the effect of shock waves on I have no illusions about what is going to f transsonic aircraft. It has also launched a happen today. However, I am disappointed number of significant scientific probes that that this Congress has chosen to take an EXPRESSING CONDOLENCES OF have explored the moon, the planets and enormous step backwards, prioritizing politics THE HOUSE TO THE FAMILIES other areas of our solar system. NASA has over pragmatism on an issue on which we OF THE CREW OF THE SPACE been responsible for the Hubble Space Tele- have allowed good principles to rule in the SHUTTLE ‘‘COLUMBIA’’ scope and other revolutionary space science past. I know that there are good people on SPEECH OF spacecraft that enabled scientists to make a both sides of the aisle, with good values, who number of significant astronomical discoveries have seen reforms we created improve the HON. JOHN M. McHUGH in our universe. lives of people back home. To those in this OF NEW YORK I truly believe the lives the men and women Congress with whom I worked in 1996, let us IN THE HOUSE OF REPRESENTATIVES of Columbia led, like the lives of those astro- not walk away from that we have accom- Wednesday, February 5, 2003 nauts who went before them, exemplify the plished. We have a mutual obligation not to let commitment that lies behind our nation’s bad politics undo our good work. Mr. MCHUGH. Mr. Speaker, today I rise with space program. In an e-mail transmission I am confident that there will be no shortage a heavy heart, joining with the rest of the Na- hours before the Columbia crew attempted to of politics and partisan fights this session— tion in sorrow for the loss of the Columbia return home, Michael Anderson illustrated their about their tax cut, the deficit, Medicare re- Shuttle and its seven heroic crew members. passion with these words: ‘‘It’s kind of with form, prescription drugs. To give up on proven This tragedy, felt so deeply by all Americans, mixed emotions that we get ready to come success on welfare reform to engage in an- holds particular poignancy throughout my dis- home. But we have enough fond memories to other unnecessary partisan fight is wrong. trict. Both Payload Commander Michael An- last us a lifetime.’’ Welfare reform is about demanding respon- derson and Pilot William McCool leave friends As the House Science Committee, led by sibility, encouraging work, and making work and family behind in New York’s North Coun- my colleague and New York neighbor, SHER- pay. Over the past six years, we as a nation— try. WOOD BOEHLERT, initiates its investigation, and millions of individuals—have benefited Michael Anderson was born along the Ca- Congress pledges to focus on which policies from our willingness to move beyond the old nadian border in Plattsburgh, NY, in 1959, as may have contributed to this tragedy. We owe politics. This legislation represents a return to his father served at the former Plattsburgh Air nothing less to those we now mourn, Michael the failed politics and policies of the past. It is Force Base. Less than 40 years later he Anderson, William McCool, Rick Husband, not compassionate nor is it conservative. It would return as an Air Force officer himself, Laurel Clark, Kalphana Chawla, David Brown, does a disservice to millions of families who working to the rank of lieutenant colonel be- and Illan Ramon. have moved from welfare to work, and to the fore joining the NASA astronaut program in f millions still struggling to do so. And it does 1995. Today, many men and women in Platts- wrong by our value as Americans. burgh remember Michael fondly. Ricky Jen- HONORING ROSA AND JACK f kins, a 71-year-old Vietnam War veteran who KELLEY HONORING RENT-ALL CENTER, worked with Michael at the former Plattsburgh THE MOUNT VERNON-LEE CHAM- Air Force Base, said in the local newspaper HON. GEORGE RADANOVICH BER OF COMMERCE SMALL BUSI- soon after the shuttle’s loss ‘‘I was so very OF CALIFORNIA NESS OF THE YEAR proud of him for doing what he was doing. He IN THE HOUSE OF REPRESENTATIVES was a role model . . . I will never forget Mi- chael.’’ Hours after President Bush helped the Tuesday, February 25, 2003 HON. TOM DAVIS astronauts’ families celebrate their loved ones Mr. RADANOVICH. Mr. Speaker, I rise OF VIRGINIA at a national service in Houston several weeks today to honor Rosa and Jack Kelley’s con- IN THE HOUSE OF REPRESENTATIVES ago, the Plattsburgh community celebrated Mi- tributions to the African American Historical Tuesday, February 25, 2003 chael’s life in particular with their own candle- and Cultural Museum of California’s San Joa- Mr. TOM DAVIS of Virginia. Mr. Speaker, I light vigil. A youth choir, Boy Scouts honor quin Valley. On Saturday, February 15, the re- would like to take this opportunity to honor guard and presentation by Gov. George Pataki tirement of Jack Kelley, the memory of his Rent-All Center which was named the 2002 marked the celebration. Plattsburgh Mayor wife Rosa, and the beginning of the Kelley En- Small Business of the Year by the Mount Dan Stewart spoke for the community earlier dowment Fund for the African American Mu- Vernon-Lee Chamber of Commerce. in the day. I share their sentiments here: ‘‘This seum was celebrated in Fresno, California. Located in the heart of the 11th District of is our opportunity as the birthplace of a na- Jack Kelley has been an active member in Virginia, the Rent-All Center was opened by tional hero to send our condolences. It’s for the community throughout his life. Mr. Kelley Freeman and Lois Jones in 1970. It was cre- them to know we are with heavy hearts in served his country bravely in World War II. ated to serve the Mt. Vernon community as a Plattsburgh.’’ Jack continued his brave and honorable serv- source for home improvement and light con- Less than 200 miles west of Plattsburgh, at ice to America as one of the first African tracting equipment. Today, the company has the Army’s Fort Drum base in Watertown, American policemen for the Fresno Police De- grown from a local tool rental shop into a full Warrant Officer Shawn McCool grieves for his partment, and later as the first African Amer- service party rental company, servicing the en- brother, Columbia Pilot William McCool. ican to be promoted to Sergeant within the tire metro Washington, DC, area. Shawn McCool said his brother was one of his Department. Showing his range of diversity,

VerDate Dec 13 2002 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.017 E25PT1 E280 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2003 Jack was drafted as a professional football committee member for the TEE-Off for Kids enactment of this legislation, an estimated player after graduating from Fresno State Uni- Golf Tournament benefiting Catholic Charities. 409,000 veterans and service members will versity. She is in her own right a dedicated leader in receive assistance under MGIB for education The late Rosa Kelley served the public as a the community, as she has touched the lives and training in 2003. Licensed Vocational Nurse and elementary of so many in Delaware. In 1996, Congress passed Public Law 104– school teacher. She was an active member in Jim Keegan is a graduate of Notre Dame. 275, allowing VEAP participants to transfer her church and many other civic activities in Following graduation, Jim spent two years in their education accounts to MGIB and 41,041 the community. She was known as a devoted the U.S. Navy prior to joining the DuPont veterans and servicepersons took advantage wife, mother, aunt, grandmother, and great- Company. In addition to his dedication at Du- of the opportunity. The opportunity to convert grandmother whose love, kindness, and en- Pont, Jim has been active and held leadership to MGIB is very important because the bene- couragement touched the lives of many peo- positions in a wide variety of church and edu- fits available are much greater. Unfortunately, ple throughout her life and allowed the Mu- cational efforts ranging from Chairman of the those individuals who were on active duty be- seum to be at the status it is today. Diocesan Annual Catholic Appeal and mem- fore 1985 and did not participate in VEAP Mr. Kelley began his 12-year dream of cre- bership on the leadership team for Bringing were not eligible to sign-up for MGIB, leaving ating an African American Historical museum the Vision to Life Diocesan Campaign to var- a gap in available coverage for certain career of the pioneers of the San Joaquin Valley out ious volunteer commitments in surrounding military personnel. Congress has voted sev- of the trunk of his car. His perseverance to schools and parish councils. eral times in the last decade to allow VEAP display the photos and artifacts from early Afri- On Thursday, February 20, 2003, at 6 p.m., participants opportunities to transfer to MGIB, can American pioneers to the public has lead Catholic Charities Inc. of the Diocese of Wil- but there has not been an opportunity for to his vision becoming a reality. mington honored Katie and Jim Keegan at its those who did not have VEAP accounts to The African American Historical & Cultural Annual Tribute Dinner in Wilmington, Dela- sign up for the new program, excluding them Museum has promoted an understanding, ap- ware. from taking advantage of great educational preciation, and awareness of African Ameri- Mr. Speaker, I salute Katie and Jim Keegan benefits. cans historically and culturally throughout the for the time they spend giving back to the This unjust situation can easily be remedied. San Joaquin Valley who have been pioneers community in Delaware. They are fine exam- My legislation provides a one-year open en- and role models in their community. The Mu- ples of the generosity and compassion that is rollment period for individuals falling into the seum serves as a permanent home to remem- common in the Catholic faith and American gap to attain the benefits that they deserve. ber the work of African Americans of the Val- spirit. Their selflessness, sacrifice of time and This is a matter of equity. We cannot neglect ley. commitment to service, has already given our career military personnel; they have Mr. Speaker, I am pleased to honor Jack them a permanent place in Delaware’s history. served bravely and honorably for decades and their experiences are crucial to the security of and Rosa Kelley for their outreach in the com- f munity and their dedication to the African our nation. Now is the opportunity to ensure American Historical and Cultural Museum. I THE MONTGOMERY GI BILL that they are provided for and have the same urge my colleagues to join me in wishing Jack ENHANCEMENT ACT benefits that are available to other members of Kelley and the Museum many more years of the Armed Forces. success. HON. DAVE CAMP f f OF MICHIGAN HONORING THE NATIONAL BASS IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO KATIE AND JIM GUIDE SERVICE AS THE MOUNT KEEGAN Tuesday, February 25, 2003 VERNON-LEE CHAMBER OF COM- MERCE HOME-BASED BUSINESS Mr. CAMP. Mr. Speaker, today I am intro- OF THE YEAR, 2002 HON. MICHAEL N. CASTLE ducing legislation to correct an unfair restric- tion that is preventing some of our career mili- OF DELAWARE HON. TOM DAVIS IN THE HOUSE OF REPRESENTATIVES tary service members from using the Mont- gomery GI Bill. OF VIRGINIA Tuesday, February 25, 2003 Education assistance has been a corner- IN THE HOUSE OF REPRESENTATIVES Mr. CASTLE. Mr. Speaker, I rise today to stone of military benefits for over 50 years. Tuesday, February 25, 2003 pay tribute to Katie and Jim Keegan, Catholic congress recognized that military service often Mr. TOM DAVIS of Virginia. Mr. Speaker, I Charities 2003 recipients of the Monsignor prevented young people from attending school would like to take this opportunity to congratu- Thomas J. Reese award. and attaining higher levels of education. In late National Bass Guide Service on their rec- The award is named for the late Monsignor 1944, Congress passed the original education ognition by the Mount Vernon-Lee Chamber of Thomas J. Reese, the long-time Director of bill for service members, the Serviceman’s Re- Commerce as the Home-Based Business of Catholic Social Services (now Catholic Char- adjustment Act. This World War II era legisla- 2002. ities), for his commitment to serving those in tion provided billions of dollars in education Founded by Steve Chaconas, National Bass need throughout our community. As a tribute and training incentives for veterans and active Guide Service is a fishing charter operation on to Monsignor Reese, each year an honoree is duty personnel. The nation has reaped many the Potomac River that specializes in selected who is a leader in his/her field and in times that amount in return investment from a largemouth bass. Since its foundation two the community and who possesses out- well-trained work force and a more productive years ago, National Bass Guide Service has standing integrity worth emulating. This year society. tripled the number of fishing charters it pro- Catholic Charities has selected the Keegans in Building on the success of the original GI vides. In addition, Mr. Chaconas has ex- recognition of their service to others in the Bill, Congress has passed several other panded into outdoor writing for four publica- community both as individuals and together. pieces of legislation expanding veterans’ edu- tions, giving more exposure to the sport of I rise today to praise Katie and Jim Keegan cational benefits. The Veterans’ Educational fishing. for their contributions to the State of Delaware Assistance Program (VEAP) was enacted in In addition to the numerous services they and its citizens through years of helping the 1976 as a recruitment and retention tool for provide along the Potomac River, National community and serving as advocates for com- the post-Vietnam era. This was the first pro- Bass Guide Service is dedicated to contrib- munity service in the State. gram requiring payment contributions from uting to the community. Mr. Chaconas has In addition to graduating from Chestnut Hill military personnel while they were on active served as chairman and Master of Cere- College and raising five children, Katie duty and was available to people who entered monies for the St. Jude Children’s Hospital Keegan has been a tireless advocate for the active duty between December 31, 1976 and Annual Bass Fishing Tournament, raising young people and those less fortunate. Katie July 1, 1985. nearly $100,000 for the hospital. National had demonstrated her faith by serving in var- In 1984, Congress passed the All volunteer Bass Guide Service has also donated fishing ious positions, including: Youth Encounter Force Educational Assistance program; more trips to the Hollin Hall Senior Center, the Leader, Confraternity of Christian Doctrine commonly call the Montgomery GI Bill (MGIB). Recreation Boating and Fishing Foundation, (CCD) teacher and Board member of the Bay- This expanded program provided better bene- as well as to churches and organizations for ard House, a facility that assists single young fits that offered under VEAP and last year fundraising auctions. women as they prepare for motherhood. Over Congress passed legislation to boost MGIB by Mr. Speaker, in closing, it is an honor to ex- the years, Katie Keegan has also served as a a record 46 percent over two years. With the tend my warm congratulations to National

VerDate Dec 13 2002 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.020 E25PT1 February 25, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E281 Bass Guide Service for all of their achieve- recognized the importance and necessity of Service, through its National Maritime Initia- ments. The recognition by the Mount Vernon- lifesaving efforts when Congress provided a tive, to inventory, document, and evaluate sur- Lee Chamber of Commerce is well deserved. series of appropriations to establish lifesaving viving historic lifesaving stations. These activi- I call upon my colleagues to join me in wishing stations equipped to render assistance to ship- ties would be conducted in cooperation with the National Bass Guide Service future suc- wrecked mariners and their passengers. the U.S. Life-Saving Service Heritage Associa- cess. These stations were first established along the tion, a Massachusetts based nonprofit edu- f Atlantic coast with the assistance of Rep- cational organization that works to protect and resentative William Newell, who during the preserve America’s lifesaving heritage. This in- TRIBUTE TO THE 144TH MILITARY 31st and 39th Congresses represented some ventory, documentation, and evaluation would POLICE COMPANY of the same areas of New Jersey that I rep- be similar in nature to a study completed by resent today. Representative Newell’s efforts the Park Service in 1994, on historic light- HON. MIKE ROGERS contributed to the establishment of a network houses. Under this legislation, the Park Serv- OF MICHIGAN of lifesaving stations along the Jersey Shore ice would serve as a clearinghouse of informa- IN THE HOUSE OF REPRESENTATIVES from Sandy Hook to Cape May. In 1871, Con- tion on lifesaving station preservation efforts, Tuesday, February 25, 2003 gress approved the first appropriation for the which would greatly assist public and private Federal government to employ crews of life- efforts to protect these historic structures and Mr. ROGERS of Michigan. Mr. Speaker, savers. On June 18, 1878, the ‘‘Act to Orga- the maritime heritage that they embody. Congressman DAVE CAMP and I rise today to nize the Life-Saving Service’’ was enacted. In Mr. Speaker, I urge my colleagues to sup- honor the service of the men and women of 1915 the Life-Saving Service merged with the port this legislation to celebrate one of the the 144th Military Police Company from Revenue Cutter Service to form the Coast most heroic and inspiring periods in America’s Owosso, MI, who spent the past year defend- Guard. At that time, there were over 275 life- maritime history. ing the Pentagon. saving stations to aid shipwreck victims on the f The 144th has a proud history of service in Atlantic, Pacific, Gulf, and Great Lakes coasts. time of need. In 1990–91, the unit was acti- The volunteer and professional lifesaving HONORING THE RESPONSIBLE SO- vated and sent to Saudi Arabia during Oper- personnel who staffed these stations risked CIAL INVOLVEMENT PROGRAM ation Desert Shield/Desert Storm, where it op- their lives to prevent shipwreck casualties. AT IOWA WESLEYAN COLLEGE erated a holding camp for Iraqi prisoners of Winslow Homer immortalized these great he- war. Numerous members of the unit have vol- roes of the American coast in his painting The HON. JAMES A. LEACH unteered to serve at Michigan airports, border Life Line. Walt Whitman celebrated their in- OF IOWA crossings, the Bioport facility in Lansing. spiring actions in the following excerpt of his IN THE HOUSE OF REPRESENTATIVES In the aftermath of September 11, 2001, the poem Patrolling Barnegat: Tuesday, February 25, 2003 effort of these soldiers has kept safe the com- Through cutting swirl and spray watchful mand center for America’s fighting men and and firm advancing, Mr. LEACH. Mr. Speaker, I rise today to in- women, and the heart of our national defense (That in the distance! Is that a wreck? Is the vite the attention of my colleagues to a re- operations. These soldiers have sacrificed red signal flaring?) markable program at Iowa Wesleyan College, much for their country, putting their lives on Slush and sand of the beach tireless till day- a 161-year-old, Methodist-affiliated liberal arts hold to serve America. light wending, college in Mr. Pleasant, IA. Today, as our Nation engages in a war on Steadily, slowly, through hoarse roar never In conjunction with National Volunteer remitting, terrorism, these men and women are role Month, this week the college is celebrating the Along the midnight edge by those milk- achievement of 1 million hours of service to models for their fellow citizens as they stand white combs careering, in defense of our nation and the free world. A group of dim, weird forms, struggling, the society by its graduates through participation Their devotion and commitment to their coun- night confronting, in its Responsible Social Involvement (RSI) try and to the state of Michigan have earned That savage trinity warily watching. program. them great respect. An outstanding example of this period sur- In the 35 years since its inception, RSI— Mr. Speaker, we ask our colleagues to join vives today in my district. The historic Mon- with its requirement of a minimum of 160 us in extending our gratitude to the fine men mouth Beach lifesaving station, established in hours of work with a nonprofit organization, as and women of the 144th Military Police Com- 1895, is a Duluth style station designed by the well as the keeping of a journal, the writing of pany. We are honored to recognize their serv- architect George Tolman. On one occasion, an essay and the making of an oral presen- ice. every member of the station’s crew was tation—has become a national paradigm for f awarded a gold lifesaving medal for rescuing public service. victims of two shipwrecks on the same More than simply a requirement that must INTRODUCTION OF THE UNITED evening. This historic structure had been slat- be met for graduation, participation in RSI has STATES LIFE-SAVING SERVICE ed for demolition to make way for a new park- proven a life-transforming experience for thou- HERITAGE ACT ing lot for beachgoers. Fortunately, the entire sands of Iowa Wesleyan students. community came together to save this impor- In 1739, John Wesley, the founder of the HON. FRANK PALLONE, JR. tant structure but work still needs to be done Methodist church, confided to his journal that OF NEW JERSEY to preserve the station’s history and the inspir- ‘‘I look upon the world as my parish.’’ The IN THE HOUSE OF REPRESENTATIVES ing stories of those who served there. young men and women Iowa Wesleyan sends from its campus through RSI discover a world Tuesday, February 25, 2003 It is not certain exactly how many stations like the one in Monmouth Beach remain. Many in which too often the so-called ‘‘me-genera- Mr. PALLONE. Mr. Speaker, today I intro- surviving historic lifesaving stations are of rare tion’’ succumbs to the temptation to decouple duce the United States Life-Saving Service architectural significance, but harsh coastal freedom from responsibility. Heritage Act, legislation to celebrate one of environments threaten them, rapid economic Today it is tempting to seek freedom by ab- the most inspiring periods in America’s mari- development in the coastal zone, neglect, and juring personal responsibility for addressing time history. This legislation would establish a lack of resources for their preservation. The the needs of those less well off in our commu- comprehensive program to inventory, evalu- heroic actions of America’s lifesavers deserve nities. This renunciation of individual account- ate, document, and assist efforts to restore greater recognition, and their contributions to ability is too easily justified by the assumption and preserve surviving historic lifesaving sta- America’s maritime and architectural history that the role of meeting societal needs is ex- tions. I am pleased that my Jersey Shore col- should be celebrated. clusively that of impersonal bureaucracies. league Representative FRANK LOBIONDO has That is why I have proposed the United Participants in RSI come to understand that a joined me in this effort. States Life-Saving Service Heritage Act. This moral society demands that individuals not The history of lifesaving in the United States legislation would provide the resources nec- duck responsibility for improving the lot of oth- dates back to 1785, when the Massachusetts essary to inventory, document, and evaluate ers, that personal fulfillment comes through Humane Society began building huts along the surviving lifesaving stations. It would also pro- action rooted, not in ‘‘I’’, but ‘‘we.’’ Massachusetts coast to aid shipwreck victims. vide grant funding to assist efforts to protect The Responsible Social Involvement pro- These huts were later fitted with surfboats, and preserve these maritime treasures. gram at Iowa Wesleyan appropriately epito- beach-carts, and other lifesaving equipment. The United States Life-Saving Service Herit- mizes John Wesley’s Rule: Beginning in 1847, the Federal government age Act would authorize the National Park Do all the good you can,

VerDate Dec 13 2002 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.023 E25PT1 E282 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2003 By all the means you can, five requirements, all of which promote com- is assisting in making application for military In all the ways you can, munity service, personal and spiritual growth, monuments to be certified under the Kentucky In all the places you can, positive values, and leadership skills. The re- Military Heritage Act. At all the times you can, quirements include: (1) Earning four interest Mr. Speaker, I am proud to call attention to To all the people you can, the selfless acts of Richard P’Pool. I extend As long as ever you can project patches, each of which requires seven activities that center on skill building, tech- my thanks to him for all his efforts on behalf I am sure my colleagues will join me in con- nology, service projects, and career explo- of so many deserving veterans, and I am hon- gratulating the faculty, staff, students, alumni ration; (2) earning the Career Exploration Pin, ored to bring his accomplishments to the at- and friends of Iowa Wesleyan College on which involves researching careers, writing re- tention of this House. reaching the milestone of providing one million sumes, and planning a career fair or trip; (3) f hours of service through RSI. They will also earning the Senior Girl Scout Leadership TRIBUTE TO MR. DONALD S. POW- want to join me in wishing them Godspeed as Award, which requires a minimum of 30 hours they embark on their second million. ERS AND MAYOR ROBERT of work using leadership skills; (4) designing a PASTRICK f self-development plan that requires assess- ON THE RECOGNITION OF THE ment of ability to interact with others and HON. PETER J. VISCLOSKY SERVICE OF MR. JOHN PORTER prioritize values, participation for a minimum of 15 hours in a community service project, and OF INDIANA IN THE HOUSE OF REPRESENTATIVES development of a plan to promote Girl Scout- HON. STENY H. HOYER ing; and (5) spending a minimum of 50 hours Tuesday, February 25, 2003 OF MARYLAND planning and implementing a Girl Scout Gold Mr. VISCLOSKY. Mr. Speaker, it is with IN THE HOUSE OF REPRESENTATIVES Award project that has a positive lasting im- great honor and enthusiasm that I wish to Tuesday, February 25, 2003 pact on the community. commend two distinguished members of the For her Gold Award Project, Jessica Northwest Indiana community for their dedi- Mr. HOYER. Mr. Speaker, I rise today to cleaned up and organized a Casa House. cated service and compassion for their fellow recognize John Porter who bravely served as Mr. Speaker, I proudly ask you to join me in citizens. St. Catherine Hospital honored Mr. a private in the Maryland Militia during the commending Jessica Little for her accomplish- Donald S. Powers and Mayor Robert Pastrick War of 1812 and was killed in the line of duty. ments with the Girl Scouts of America and for with the Pillar of the Community Award on The War of 1812 should be remembered her efforts put forth in achieving the highest Saturday, February 22, 2003 for their out- and revered for its final and permanent con- distinction of the Gold Award. standing service on behalf of the hospital and firmation of American Independence. f the surrounding community. Mr. Porter served in the Maryland Militia as Donald Powers has demonstrated tremen- a member of the 33rd Regiment and served HONORING MR. RICHARD P’POOL dous vision and leadership in his on-going re- under Captain Benjamin Massey in the Battle lationship with Community Health Care Sys- of Bladensburg, also known as ‘‘the battle to HON. ED WHITFIELD tem and its affiliates, Community Hospital, St. protect the heart of America.’’ The Maryland OF KENTUCKY Catherine Hospital, and St. Mary Medical Cen- Militia served at a moment’s notice with great IN THE HOUSE OF REPRESENTATIVES ter. As President of the Board, Mr. Powers enthusiasm, demonstrating the honor and dig- Tuesday, February 25, 2003 oversaw the creation and construction of Com- nity with which they believed came from de- munity Hospital, and assisted the staff and ad- fending their country and serving this patriotic Mr. WHITFIELD. Mr. Speaker, I rise today ministration in developing the first freestanding duty. to honor Mr. Richard P’Pool of Princeton, Ken- hospital in Lake County that is ranked in the The British had three reasons for attacking tucky for his hard work and dedication on be- top two percent of hospitals surveyed nation- the Chesapeake Region during the Battle of half of our nation’s veterans. ally for standard of care. Bladensburg: to burn Washington, D.C. in Mr. P’Pool has spent countless hours and Mr. Power’s planning and foresight with re- order to avenge America’s burning of York in resources documenting and recognizing vet- spect to the hospital’s investment program led Canada; to destroy Baltimore to prevent future erans who have been interred without proper to the construction of the Center for Visual naval attacks; and to draw American troops ceremony or marker. When discovering a and Performing Arts in Munster, Indiana. This away from the Canadian front. Despite these grave without a proper marker, Mr. P’Pool be- center has served as a cultural epicenter, as interests, the Maryland Militia was able to aid gins to research the veteran. It is necessary to it is the home for the Northwest Indiana Sym- their country by defending both Washington fully document the service member’s military phony Society and the Northern Indiana Arts and Baltimore and allowed troops to remain career so that the Department of Veterans Af- Association. on the Canadian front. fairs can provide a military marker for the Mr. Powers has donated much of his time John Porter fought valiantly during this bat- grave. Mr. P’Pool helped apply for and re- and expertise to his community. He has tle, and was one of many members of the ceived over 300 markers from the Department served on many boards, including the Amer- Maryland Militia who gave their lives in de- of Veterans Affairs at his own expense. This ican Red Cross, Calumet Council of Boy fense of their country. process requires hours of tedious and detailed Scouts, and the YMCA. Additionally, Mr. Pow- Mr. Speaker, and colleagues, please join research because the documentation required, ers was appointed to the Board of Trustees of me in recognizing the sacrifice and service of including the muster rolls and the extracts Purdue University by former Governor Otis Mr. Porter to both the state of Maryland and from State files or land warrants, is not often Bowen, and was elected President of the to our great nation. not readily available. Board in 1981. f Whenever possible, Mr. P’Pool organizes a Mayor Robert Pastrick has been a fixture of memorial ceremony to honor the veteran with the East Chicago community since his election REORGANIZING JESSICA LITTLE the assistance of re-enactment soldiers from to the City Council in 1955. He has served the the 5th Tennessee Infantry Regiment, mem- citizens of East Chicago as their mayor since HON. SAM GRAVES bers of the Sons of Confederate Veterans and 1973. During that time, he has shown a com- OF MISSOURI members of the United Daughters of the Con- mitment to ensuring effective health care for IN THE HOUSE OF REPRESENTATIVES federacy. They have memorialized soldiers of his constituents by initiating a joint venture be- the Civil War, Korean War and World War II. tween the City of East Chicago and St. Cath- Tuesday, February 25, 2003 Mr. P’Pool served our country in the United erine Hospital. Through this program, East Mr. GRAVES. Mr. Speaker, I proudly pause States Army. He worked at the White House Chicago residents have an opportunity to ob- to recognize Jessica Little, a very special Communications Agency under Presidents tain affordable, quality health care for them- young woman who has exemplified the finest Nixon, Ford and Carter from 1973 until 1977, selves and their children. qualities of citizenship and leadership by tak- and he is currently employed as a millwright in Mayor Pastrick has also shown a commit- ing an active part in the Girl Scouts of Amer- Calvert City, Kentucky in my Congressional ment to his community through his volunteer ica, Troop 1230, and in earning the most pres- District. He is a member of the Caldwell Coun- work, serving on the Indiana Association of tigious honor of the Gold Award. ty Historical Society, the Sons of Confederate Cities and Towns, the United States Con- The Girl Scout Gold Award is the highest Veterans, the Kentucky Historical Society, the ference of Mayors, the Northwest Indiana Re- achievement attainable in Girl Scouting. To Kentucky Genealogical Society and the gional Planning Commission, and the North- earn the Gold Award, a Scout must complete Friends of the National Park at Gettysburg. He west Indiana Forum Foundation. Through his

VerDate Dec 13 2002 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.026 E25PT1 February 25, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E283 service in these organizations, Mayor Pastrick cated her life to enabling children to attain Department of Veterans Affairs. With the as- has worked to improve the lives of the resi- quality education and providing opportunities sistance of member of the Sons of the Con- dents of East Chicago, as well as the lives of that help students realize their abilities and federate Veterans and others, these markers all Northwest Indiana residents. achieve their highest goals. were then placed in the cemetery. Mr. Speaker, at this time I ask that you and She began her commendable teaching ca- Mr. Walston served our country as a mem- my other distinguished colleagues join me in reer in 1953 and has worked diligently to level ber of the United States Navy and a veterans congratulating Mr. Donald S. Powers and the educational playing field for at-risk youth in of the Vietnam War. He is a professor as Hop- Mayor Robert Pastrick as they receive the Pil- low-income neighborhoods throughout the city kinsville Community College and a member of lar of the Community Award for their work on of St. Louis. Darden has encouraged hun- the Sons of Confederate Veterans, Military behalf of St. Catherine Hospital. Through their dreds of children by setting high expectations Order of the Stars and Bars, Sons of Union dedication and hard work, the citizens of and implementing programs for students to Veterans of the Civil War, the Veterans of For- Northwest Indiana have access to the best gain leadership and communications skills eign Wars and many other community service medical facilities and services possible. I am necessary to succeed in life. She has been organizations. He is assisting in making appli- proud to represent them in Congress. committed to reaching both the students and cation for military monuments to be certified f their parents with her educational outreach. under the Kentucky Military Heritage Act. Darden impressively took the initiative to cre- Mr. Speaker, I am proud to represent Larry RECOGNIZING KIMBERLY MARLIN ate ‘‘Home, School and Community,’’ a pro- Walston in my district. I extend my thanks to gram which introduced students to local and him for all efforts on behalf of so many de- HON. SAM GRAVES national newsmakers and celebrities. This in- serving veterans, and I am proud to bring his OF MISSOURI novative program allows famous guest speak- accomplishments to the attention of this IN THE HOUSE OF REPRESENTATIVES ers to encourage students to achieve aca- House. Tuesday, February 25, 2003 demic excellence, while their parents attended f informative workshops and seminars. Mr. GRAVES. Mr. Speaker, I proudly pause Darden solidly believes that all children de- TRIBUTE TO THE CP FEDERAL to recognize Kimberly Marlin, a very special serve a high quality education regardless of CREDIT UNION OF JACKSON, young woman who has exemplified the finest their socioeconomic status. As a tutor, early in MICHIGAN qualities of citizenship and leadership by tak- her career, she took note of the way wealthy ing an active part in the Girl Scouts of Amer- parents trained their children and introduced HON. NICK SMITH ica, and in earning the most prestigious honor those same learning techniques to inner city OF MICHIGAN of the Gold Award. students. Darden found that her efforts helped IN THE HOUSE OF REPRESENTATIVES The Girl Scout Gold Award is the highest raise both the productivity level and esteem of Tuesday, February 25, 2003 achievement attainable in girl scouting. To children who would otherwise might have earn the Gold Award, a scout must complete been cast off by society. Mr. SMITH of Michigan. Mr. Speaker, I rise five requirements, all of which promote com- In addition to her unwavering commitment to today to recognize Michigan’s Federal Credit munity service, personal and spiritual growth, teaching, Darden has selflessly allotted time Unions for their efforts to improve financial positive values, and leadership skills. The re- for community service. She had dedicated nu- services for their members. I would like to es- quirements include: (1) earning four interest merous hours to working with the Colored pecially commend CP Federal Credit Union for project patches, each of which requires seven Women’s Association, National Association of their efforts to improve literacy among young activities that center on skill building, tech- University Women, Tot’s N’ Teens, various people in Jackson, MI. nology, service projects, and career explo- city-wide committees and Leadership for Today they will receive the 2002 National ration, (2) earning the career exploration pin, Teachers. Desjardins Youth Financial Education Award which involves researching careers, writing re- Mr. Speaker, it is with great privilege that I for their good work. The award is named for sumes, and planning a career fair or trip, (3) recognize Doris Dunlap Darden to today be- the founder of the North American credit union earning the Senior Girl Scout Leadership fore Congress. This extraordinary women movement, a man who promoted the idea of Award, which requires a minimum of 30 hours strongly believes that every child has the ca- educating youth and providing them with in- of work using leadership skills, (4) designing a pacity to learn and deserves a chance to ex- school savings accounts. self-development plan that requires assess- press that capacity through life goals. In 50 For the last 10 years the CP Federal Credit ment of ability to interact with others and years, Darden has influentially touched the Union, under the leadership of President and prioritize values, participation for a minimum of lives of thousands of young people in class- CEO John Crist, put Desjardins’ words into ac- 15 hours in a community service project, and rooms and throughout the St. Louis commu- tion and worked with schools throughout Jack- development of a plan to promote girl scout- nity. She has a stellar record of demonstrating son County to help our youth understand how ing, and (5) spending a minimum of 50 hours compassion in the classroom. I ask that my to spend, save, and budget money. Each planning and implementing a Girl Scout Gold colleagues join me in honoring a treasured week presenters travel to area schools to Award Project that has a positive lasting im- member of the St. Louis community, Doris teach students from Kindergarten to High pact on the community. Dunlap Darden. School about money. In addition to their in- formative and entertaining presentations they Fro her Gold Award Project, Kimberly orga- f nized a lending library at Colbern Road Baptist also connect schools with local business peo- Church. HONORING MR. LARRY WALSTON ple who talk to the students about finances. Mr. Speaker, I proudly ask you to join me in Their education did not stop there. The CP commending Kimberly Marlin for her accom- HON. ED WHITFIELD Federal Credit Union also operates 31 stu- plishments with the Girl Scouts of American OF KENTUCKY dent-run credit unions. Students have an op- and for her efforts put forth in achieving the IN THE HOUSE OF REPRESENTATIVES portunity to volunteer and learn to post trans- highest distinction of the Gold Award. actions and balance a cash drawer. Currently, Tuesday, February 25, 2003 f 320 student volunteers participate in the pro- Mr. WHITFIELD. Mr. Speaker, I rise today gram. In addition, the program employs five FOR THE LOVE OF TEACHING—A to honor Mr. Larry Walston of Hopkinsville, youth representatives who give presentations TRIBUTE TO REMARKABLE KY, for his hard work and dedication on behalf and meet with teachers and principals to dis- DORIS DUNLAP DARDEN of our Nation’s veterans. cuss youth financial literacy. Thanks to their Mr. Walston has worked tirelessly to docu- efforts 31 schools will include personal finance HON. WM. LACY CLAY ment the service of veterans who were in- as part of their curriculums next year. OF MISSOURI terred without proper ceremony or marker. In Finally, the CP Federal Credit Union offers IN THE HOUSE OF REPRESENTATIVES conjunction with officials from the Common- the ‘‘Great Expectations’’ savings account for wealth of Kentucky, he has obtained the mili- students. They encourage students to save for Tuesday, February 25, 2003 tary service records of nearly 300 civil war vet- college, their first car, or their first house. Stu- Mr. CLAY. Mr. Speaker, I rise today to pay erans buried in Riverside Cemetery in Hop- dents are required to make a deposit of at tribute to Doris Dunlap Darden, an educator kinsville. These soldiers were interred without least $10 per month into their savings account who has devoted 50 years of service to the St. stones. The documentation he helped collect to be eligible for savings incentives such as Louis Public School District. She has dedi- was used to order individual markers from the cash bonuses or loan discounts. Rather than

VerDate Dec 13 2002 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.029 E25PT1 E284 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2003 just educate students about saving money, the ear the Gold Award, a Scout must complete his tenure at WWCA, Tom developed a four CP Federal Credit Union takes it a step further five requirements, all of which promote com- station network to expand an existing live and provides students the means to do so. munity service, personal and spiritual growth, radio show named ‘‘Third Tuesday’’, which The impact of this program on the lives of positive values, and leadership skills. The re- aired with a live audience, orchestra, and no- young people in Jackson is immeasurable. quirements include: (1) Earning four interest table guests, for two years. More schools have committed to teaching per- project patches, each of which requires seven Mr. Speaker, station managers in Northwest sonal finance in their classrooms than ever activities that center on skill building, tech- Indiana recognized the talent that Tom pos- before; 674 presentations were given during nology, service projects, and career explo- sessed for broadcasting in radio and, because the 2001–2002 school year and 15,000 stu- ration; (2) earning the Career Exploration Pin, of this strong background, provided him an op- dents were reached. Due to the efforts of which involves researching careers, writing re- portunity to pursue a television career in 1967. these good people and others around the sumes, and planning a career fair or trip; (3) He served as the play-by-play announcer for state, Michigan rates No. 1 out of all the earning the senior Girl Scout Leadership the regional telecast of the Indiana State High States where credit unions are working with Award, which requires a minimum of 30 hours School Basketball Tourney for six years. Dur- youth. Michigan also tops the list in the num- of work using leadership skills; (4) designing a ing his work for the Senior Little League World ber of presentations given nearly half of which self-development plan that requires assess- Series, Tom was given the opportunity to were given by the CP Federal Credit Union. ment of ability to interact with others and broadcast games that were featured in Dela- I commend John Crist and all the employ- prioritize values, participation for a minimum of ware, California, Aruba, and Taiwan, as well ees of the CP Federal Credit Union for their 15 hours in a community service project, and as locally. He also worked as the play-by-play commitment to youth and their efforts to pre- development of a plan to promote girl scout- announcer for the Indiana All-Star football pare our students for the future. I hope that ing; and (5) spending a minimum of 50 hours game in 1982. you will all join me in congratulating them for planning and implementing a Girl Scout Gold In search of a new challenge, Tom joined earning the 2002 National Desjardins Youth Award project that has a positive lasting im- the staff at Indiana University Northwest in Financial Education Award. pact on the community. Gary as the Director of Community Relations and development in 1984. He was eventually f For her Gold Award project, Elizabeth taught science classes to younger children. named the Director of Alumni Relations, a po- TRIBUTE TO MR. AND MRS. Mr. Speaker, I proudly ask you to join me in sition he successfully held for sixteen years. HUTCHINS commending Elizabeth Raine for her accom- During that time, Tom was quickly asked to re- plishments with the Girl Scouts of America turn to the broadcasting business. He worked HON. DONALD M. PAYNE and for her efforts put forth in achieving the part time at WWJY–FM in Crown Point, and later tackled the additional responsibility of co- OF NEW JERSEY highest distinction of the Gold Award. anchor of a new television news hour at IN THE HOUSE OF REPRESENTATIVES f WYIN. Tom recalls an extensive period of time Tuesday, February 25, 2003 TRIBUTE TO TOM HIGGINS where he would work the morning shift at Mr. PAYNE. Mr. Speaker, I rise today to WWJY, direct the Alumni Affairs office during recognize Winnie Hollis Hutchins and John HON. PETER J. VISCLOSKY the workday, and co-host the Indiana Nightly Lee Hutchins on the occasion of their 50th OF INDIANA Report each day. It is this work ethic and dedi- wedding anniversary. IN THE HOUSE OF REPRESENTATIVES cation on which the people of Northwest Indi- Married on March 18, 1953 in Newark, New ana pride themselves, and it allowed Tom to Tuesday, February 25, 2003 Jersey, Mr. and Mrs. Hutchins have made achieve the success that he has enjoyed. New Jersey their home. During their marriage Mr. VISCLOSKY. Mr. Speaker, it is with Mr. Speaker, at this time I ask that you and they have striven to promote strong ideals of great sincerity and enthusiasm that I wish to my other distinguished colleagues join me in family, education, and community service to congratulate a distinguished member of the honoring and congratulating Mr. Tom Higgins their five daughters, seven grandchildren, and First Congressional District of Indiana. Mr. for an outstanding career, not only in broad- four great-grandchildren. Tom Higgins has been a fixture of the North- cast journalism, but in service to his commu- Through both their church and independent west Indiana community since his radio career nity. Tom’s leadership and passion for his ca- community activism, Mr. and Mrs. Hutchins began in 1955. The Communicators of North- reer are to be commended, and his profes- have devoted time to strengthening our com- west Indiana will deservedly honor him on sional absence from the Northwest Indiana munity and to enriching the lives of all of those Thursday, February 20, 2003 as a salute to community will surely be missed. with whom they have come into contact. As his dedicated service, and to congratulate him f on his retirement. Proceeds from the event will they gather on March 14, 2003, to celebrate HONORING THE CONTRIBUTIONS benefit the Scholarship Fund of the Commu- this wonderful occasion with family and OF LUTHERAN SCHOOLS friends, they set an example to those around nicators of Northwest Indiana. them to the wonderful gifts that life has to Mr. Speaker, Tom Higgins carried a passion offer. for broadcasting throughout his educational HON. DOUG BEREUTER OF NEBRASKA Mr. Speaker, I am sure that my colleagues career at Indiana University, where he earned IN THE HOUSE OF REPRESENTATIVES here in the U.S. House of Representatives join a degree in Radio Journalism in 1955. During me today as I congratulate Mr. and Mrs. this tine in Bloomington, Tom worked at WFIU Tuesday, February 25, 2003 Hutchins on this joyous occasion and wish as a news and scriptwriter, on-air personality, Mr. BEREUTER. Mr. Speaker, as a grad- them health and happiness as they continue and news director. He also found an outlet for uate of a Lutheran elementary school and an their journey together. his talents at WTTS, where he hosted a week- individual well-acquainted with the many first- f ly program. It was at Indiana University where rate Lutheran educational institutions in his Tom began to pursue his interest in radio and congressional district, today this Member intro- RECOGNIZING ELIZABETH RAINE television journalism, and he was able to hone duced a resolution congratulating Lutheran and perfect his talents while at this prestigious schools, students, parents, teachers, adminis- HON. SAM GRAVES university. trators, and congregations across the nation OF MISSOURI After graduating from Indiana University, for their ongoing contributions to education. IN THE HOUSE OF REPRESENTATIVES Tom began his broadcasting career at WLOI This Member is proud of the Lutheran radio station in LaPorte, Indiana. After a tour schools in the First Congressional District of Tuesday, February 25, 2003 in the military, he returned to Northwest Indi- Nebraska and those throughout the nation Mr. GRAVES. Mr. Speaker, I proudly pause ana in 1957 and began working at WWCA in which deliver high-quality educational opportu- to recognize Elizabeth Raine, a very special Gary. Tom not only blessed the citizens of nities and challenge students to reach their full young woman who has exemplified the finest Gary with his talents, but he also worked part academic and spiritual potential. qualities of citizenship and leadership by tak- time at WAKE in Valparaiso, Indiana, eventu- Not only are Lutheran schools known for ing an active part in the Girl Scouts of Amer- ally calling football games for Valparaiso Uni- their academic quality, but for their ability to ica, Troop 1444, and in earning the most pres- versity. He later returned full time to WWCA, aid moral development. These institutions pro- tigious honor of the Gold Award. where he used his talents in various positions, vide spiritual guidance to students, instilling The Girl Scout Gold Award is the highest including announcer, air personality, producer, fundamental values that are crucial to per- achievement attainable in Girl Scouting. To and station manager, until July 1983. During sonal development. Through their education,

VerDate Dec 13 2002 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.033 E25PT1 February 25, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E285 Lutheran school children gain an appreciation has helped shape students of Lutheran Mr. Speaker, in closing, I urge my col- of the importance of family values, community schools into good leaders of tomorrow. leagues to cosponsor and support this resolu- service, and faith in their lives. This, in turn, tion, honoring the contributions of Lutheran schools in American education.

VerDate Dec 13 2002 04:56 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.037 E25PT1 Tuesday, February 25, 2003 Daily Digest Senate Report to accompany The Moscow Treaty With Chamber Action Russia (Treaty Doc. 107–8). (Ex. Rept. 108–1) Routine Proceedings, pages S2621–S2722 Pages S2699–S2700 Measures Introduced: Fifteen bills and four resolu- Messages From the President: Senate received the tions were introduced, as follows: S. 433–447, S. following message from the President of the United Res. 64–65, and S. Con. Res. 8–9. Page S2701 States: Measures Reported: Transmitting, pursuant to law, a report required S. Res. 64, authorizing expenditures by the Senate by the International Emergency Economic Powers Committee on Indian Affairs. Page S2701 Act on the Emergency Regarding Proliferation of Weapons of Mass Destruction; to the Committee on Measures Discharged and Referred: Banking, Housing, and Urban Affairs. (PM–17) Committee Funding Resolution: Committee on Page S2698 the Judiciary was discharged from further consider- Nominations Received: Senate received the fol- ation of S. Res. 65, authorizing expenditures by the lowing nominations: Committee on the Judiciary, and the resolution was then referred to the Committee on Rules and Ad- Anne Rader, of Virginia, to be a Member of the National Council on Disability for a term expiring ministration. Page S2714 September 17, 2004. Child Care: Committee on Finance was dis- Diane L. Kroupa, of Minnesota, to be a Judge of charged from further consideration of S. 389, to in- the United States Tax Court for a term of fifteen crease the supply of quality child care, and the bill years. was then referred to the Committee on Health, Edu- Mark Van Dyke Holmes, of New York, to be a cation, Labor, and Pensions. Page S2714 Judge of the United States Tax Court for a term of Nomination Considered: Senate continued consid- fifteen years. eration of the nomination of Miguel A. Estrada, of Gregory W. Engle, of Colorado, a Career Member Virginia, to be United States Circuit Judge for the of the Senior Foreign Service, Class of Minister- District of Columbia Circuit. Pages S2621–76 Counselor, to be Ambassador to the Togolese Repub- A unanimous-consent agreement was reached pro- lic. viding for further consideration of the nomination at Eric S. Edelman, of Virginia, to be Ambassador to 9:30 a.m., on Wednesday, February 26, 2003. the Republic of Turkey. Page S2715 Routine lists in the Air Force, Army, Coast Removal of Injunction of Secrecy: The injunction Guard, Foreign Service, Marine Corps, Navy. of secrecy was removed from the following treaty: Pages S2715–22 Second Additional Protocol Modifying Convention Messages From the House: Page S2698 with Mexico Regarding Double Taxation and Pre- Measures Referred: Page S2698 vention of Fiscal Evasion (Treaty Doc. No. 108–3). The treaty was transmitted to the Senate today, Executive Communications: Pages S2698–99 considered as having been read for the first time, and Executive Reports of Committees: referred, with accompanying papers, to the Com- Pages S2699–S2701 mittee on Foreign Relations and ordered to be print- Additional Cosponsors: Pages S2701–03 ed. Pages S2714–15 Statements on Introduced Bills/Resolutions: Executive Reports of Committees: Senate received Pages S2703–14 the following executive report of a committee: Received on Thursday, February 20, 2003 during Additional Statements: Pages S2696–98 the adjournment of the Senate: Notices of Hearings/Meetings: Page S2714 D146

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Authority for Committees to Meet: Page S2714 AIRPORT IMPROVEMENT PROGRAMS Privilege of the Floor: Page S2714 Committee on Commerce, Science, and Transportation: Sub- Adjournment: Senate met at 9:30 a.m., and ad- committee on Aviation held hearings to examine journed at 6:57 p.m., until 9:30 a.m., on Wednes- proposed legislation authorizing funds for the Fed- day, February 26, 2003. (For Senate’s program, see eral Aviation Administration, focusing on the financ- the remarks of the Acting Majority Leader in today’s ing of airport improvement and expansion, including Record on page S2715.) the Airport Improvement Program, as well as pas- senger facilities charges (PFCs) and airport bonds, re- ceiving testimony from Gerald L. Dillingham, Direc- Committee Meetings tor, Civil Aviation Issues, General Accounting Of- fice; Woodie Woodward, Associate Administrator for (Committees not listed did not meet) Airports, Federal Aviation Administration, Depart- ment of Transportation; and David Z. Plavin, Wash- 2004 BUDGET: DEFENSE ington, D.C., on behalf of Airports Council Inter- Committee on Armed Services: Committee resumed open national—North America, and the American Asso- and closed hearings to examine proposed legislation ciation of Airport Executives. authorizing funds for the Department of Defense and Hearings recessed subject to the call. the Future Years Defense Program, after receiving testimony General Eric K. Shinseki, USA, Chief of 2004 BUDGET: ENERGY Staff, U.S. Army; Admiral Vernon E. Clark, USN, Committee on Energy and Natural Resources: Committee Chief of Naval Operations, U.S. Navy; General Mi- concluded hearings to examine the President’s pro- chael W. Hagee, USMC, Commandant of the Marine posed budget request for fiscal year 2004 for the De- Corps; and General John P. Jumper, USAF, Chief of partment of Energy, after receiving testimony from Staff, U.S. Air Force. Spencer Abraham, Secretary of Energy. Committee recessed subject to the call. ENERGY SUPPLY AND PRICES SUBCOMMITTEE ASSIGNMENTS Committee on Energy and Natural Resources: Committee Committee on Armed Services: On Wednesday, February concluded hearings to examine the outlook for nat- 5, Committee announced the following sub- ural gas supply and prices in the United States, fo- committee assignments: cusing on conservation and consumption, after re- Subcommittee on Airland: Senators Sessions (Chair- ceiving testimony from Guy F. Caruso, Adminis- man), McCain, Inhofe, Roberts, Talent, Chambliss, trator, Energy Information Administration, Depart- Dole, Lieberman, Akaka, Dayton, Bayh, Clinton, and ment of Energy; Robert W. Best, Atmos Energy, Pryor. Dallas, Texas, on behalf of the American Gas Asso- Subcommittee on Emerging Threats and Capabilities: ciation; Keith O. Rattie, Questar Corporation, Salt Senators Roberts (Chairman), Allard, Collins, Ensign, Lake City, Utah; and David H. Welch, British Pe- Talent, Chambliss, Graham (SC), Dole, Cornyn, troleum’s Alaska-Canada Pipelines, Calgary, Alberta, Reed, Kennedy, Byrd, Lieberman, Akaka, Nelson Canada. (FL), Bayh, and Clinton. Subcommittee on Personnel: Senators Chambliss WORLD HUNGER REPORT (Chairman), Collins, Dole, Cornyn, Nelson (NE), Committee on Foreign Relations: Committee on con- Kennedy, and Pryor. cluded hearings to examine the state of the World Subcommittee on Readiness and Management Support: Report on Hunger from Africa to North Korea fo- Senators Ensign (Chairman), McCain, Inhofe, Rob- cusing on the status of worldwide food security, the erts, Allard, Sessions, Talent, Chambliss, Cornyn, role of U.S. food aid programs, global hunger, and Akaka, Byrd, Nelson (FL), Nelson (NE), Dayton, humanitarian assistance, after receiving testimony Bayh, Clinton, and Pryor. from Andrew S. Natsios, Administrator, U.S. Agency Subcommittee on Seapower: Senators Talent (Chair- for International Development; Ken Hackett, Catho- man), McCain, Collins, Graham (SC), Kennedy, lic Relief Services, Baltimore, Maryland; Ellen S. Lieberman, and Reed. Levinson, Cadwalader, Wickersham, and Taft, and Subcommittee on Strategic Forces: Senators Allard Joachim Von Braun, International Food Policy Re- (Chairman), Inhofe, Sessions, Ensign, Graham (SC), search Institute, both of Washington, D.C.; and Cornyn, Nelson (FL), Byrd, Reed, Nelson (NE), and James T. Morris, United Nations World Food Pro- Dayton. gram, Rome, Italy.

VerDate Dec 13 2002 06:08 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D25FE3.REC D25FE3 D148 CONGRESSIONAL RECORD — DAILY DIGEST February 25, 2003 NATIVE HAWAIIAN FEDERAL Lingle, Micah A. Kane, Department of Hawaiian RECOGNITION Home Lands, and Haunani Apoliona, Office of Ha- Committee on Indian Affairs: Committee held hearings waiian Affairs, all of Honolulu. on S. 344, expressing the policy of the United States Hearings recessed subject to the call. regarding the United States relationship with Native INTELLIGENCE Hawaiians and to provide a process for the recogni- Select Committee on Intelligence: Committee held closed tion by the United States of the Native Hawaiian hearings on intelligence matters, receiving testimony governing entity, receiving testimony from Rep- from officials of the intelligence community. resentative Case; American Samoa Delegate Eni Committee will meet again on Thursday, February Faleomavaega, Vailoatai; and Hawaii Governor Linda 27. h House of Representatives and Representative Murphy to the Committee on Chamber Action Veterans’ Affairs. Page H1282 Measures Introduced: 50 public bills, H.R. Suspensions: The House agreed to suspend the rules 868–917; and 13 resolutions, H.J. Res. 24–25; H. and pass the following measures: Con. Res. 52–55, and H. Res. 87–103 were intro- duced. Pages H1331–34 Official Photographs of the House on March 12, 2003: H. Res. 67, permitting official photographs of Additional Cosponsors: Pages H1334–35 the House of Representatives to be taken while the Reports Filed: Reports were filed today as follows: House is in actual session on March 12, 2003; H.R. 13, to reauthorize the Museum and Library Page H1280 Services Act (H. Rept. 108–16); Days of Remembrance of Victims of the Holo- H.R. 254, to authorize the President of the caust: H. Con. Res. 40, permitting the use of the United States to agree to certain amendments to the rotunda of the Capitol for a ceremony as part of the Agreement between the Government of the United commemoration of the days of remembrance of vic- States of America and the Government of the United tims of the Holocaust (agreed to by yea-and-nay vote Mexican States concerning the establishment of a of 408 yeas with none voting ‘‘nay’’, Roll No. Border Environment Cooperation Commission and a 34); and Pages H1280–82, H1283–84 North American Development Bank (H. Rept. 108–17); Honoring the Life of Al Hirschfeld and His Leg- H.R. 534, to amend title 18, United States Code, acy: H. Res. 46, honoring the life of Al Hirschfeld to prohibit human cloning (H. Rept. 108–18); and and his legacy (agreed to by yea-and-nay vote of 403 H.R. 657, to amend the Securities Exchange Act yeas with none voting ‘‘nay’’, Roll No. 33). of 1934 to augment the emergency authority of the Pages H1278–80, H1282–83 Securities and Exchange Commission (H. Rept. Presidential Message—National Emergency re 108–19). Page H1331 Proliferation of Weapons of Mass Destruction: Speaker Pro Tempore: Read a letter from the Read a message from the President wherein he trans- Speaker wherein he appointed Representative Capito mitted a six month periodic report on the national to act as Speaker pro tempore for today. Page H1277 emergency with respect to the proliferation of weap- ons of mass destruction—referred to the Committee Meeting Hours—Wednesday, February 26 and Thursday, February 27: Agreed that when the on International Relations and ordered printed (H. House adjourns today, it adjourn to meet at 1 p.m. Doc. 108–41). Page H1282 on Wednesday February 26. Agreed that when the Congressional Recognition for Excellence in Arts House adjourns on Wednesday, it adjourn to meet Education Awards Board: The Chair announced at 1 p.m. on Thursday, February 27. Page H1278 the Speaker’s appointment of Representatives Committee Election—Majority Members: The McKeon and Biggert to the Congressional Recogni- House agreed to H. Res. 98, electing Representative tion for Excellence in Arts Education Awards Board. King of Iowa to the Committee on Small Business Page H1304

VerDate Dec 13 2002 06:08 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D25FE3.REC D25FE3 February 25, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D149 Board of Trustees of Gallaudet University: The Congressional-Executive Commission on the Peo- Chair announced the Speaker’s appointment of Rep- ple’s Republic of China: The Chair announced the resentative LaHood to the Board of Trustees of Gal- Speaker’s appointment of Representatives Leach, laudet University. Pages H1304–05 Chairman, and Representatives Bereuter, Dreier, Board of Trustees of the Institute of American Wolf, and Pitts, Members, to the Congressional-Ex- Indian and Alaska Native Culture and Arts De- ecutive Commission on the People’s Republic of velopment: The Chair announced the Speaker’s ap- China. Page H1305 pointment of Representative Young of Alaska to the Benjamin Franklin Tercentenary Commission: Board of Trustees of the Institute of American In- The Chair announced the Speaker’s appointment of dian and Alaska Native Culture and Arts Develop- Representative Castle to the Benjamin Franklin Ter- ment. Page H1305 centenary Commission. Page H1305 Board of Trustees of the John F. Kennedy Cen- National Historical Publications and Records ter for the Performing Arts: The Chair announced Commission: The Chair announced the Speaker’s the Speaker’s appointment of Representatives Kolbe appointment of Representative Cole to the National and Pryce of Ohio to the Board of Trustees of the Historical Publications and Records Commission. John F. Kennedy Center for the Performing Arts. Page H1305 Page H1305 Abraham Lincoln Bicentennial Commission: The House of Representatives Page Board: The Chair Chair announced the Speaker’s appointment of Rep- announced the Speaker’s appointment of Representa- resentative LaHood to the Abraham Lincoln Bicen- tennial Commission. Page H1305 tives Shimkus and Wilson of New Mexico to the House of Representatives Page Board. Page H1305 Joint Economic Committee: The Chair announced the Speaker’s appointment of Representatives Ryan Board of Regents of the Smithsonian Institution: of Wisconsin, Dunn, English, Putnam, and Paul to The Chair announced the Speaker’s appointment of the Joint Economic Committee. Page H1305 Representatives Regula and Sam Johnson of Texas to the Board of Regents of the Smithsonian Institution. National Council on the Arts: The Chair an- Page H1305 nounced the Speaker’s appointment of Representa- tives Ballenger and McKeon to the National Council Board of Visitors to the United States Air Force on the Arts. Pages H1305–06 Academy: The Chair announced the Speaker’s ap- pointment of Representatives Young of Florida and Holocaust Memorial Council: The Chair an- Hefley to the Board of Visitors to the United States nounced the Speaker’s appointment of Representa- tives LaTourette, Cannon, and Cantor to the United Air Force Academy. Page H1305 States Holocaust Memorial Council. Page H1306 Board of Visitors to the United States Coast President’s Export Council: The Chair announced Guard Academy: The Chair announced the Speak- the Speaker’s appointment of Representatives er’s appointment of Representative Simmons to the English, Pickering, and Hayes to the President’s Ex- Board of Visitors to the United States Coast Guard port Council. Page H1306 Academy. Page H1305 Recess: The House recessed at 2:10 p.m. and recon- Board of Visitors to the United States Merchant vened at 4:15 p.m. Page H1278 Marine Academy: The Chair announced the Speak- er’s appointment of Representative King of New Recess: The House recessed at 4:43 p.m. and recon- York to the Board of Visitors to the United States vened at 6:30 p.m. Page H1282 Merchant Marine Academy. Page H1305 Senate Message: Message received today from the Board of Visitors to the United States Military Senate appears on page H1277. Academy: The Chair announced the Speaker’s ap- Referral: S. 151 was referred to the Committee on pointment of Representatives Taylor of North Caro- the Judiciary. S. Con. Res. 4 was referred to the lina and Kelly to the Board of Visitors to the United Committee on International Relations. Page H1328 States Military Academy. Page H1305 Quorum Calls—Votes: Two yea-and-nay developed Board of Visitors to the United States Naval during the proceedings of the House today and ap- Academy: The Chair announced the Speaker’s ap- pear on pages H1283 and H1283–84. There were no pointment of Representatives Cunningham and quorum calls. Gilchrest to the Board of Visitors to the United Adjournment: The House met at 2 p.m. and ad- States Naval Academy. Page H1305 journed at 11:22 p.m.

VerDate Dec 13 2002 06:08 Feb 26, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D25FE3.REC D25FE3 D150 CONGRESSIONAL RECORD — DAILY DIGEST February 25, 2003 Research, Development and Information, Centers for Committee Meetings Medicare and Medicaid Services, Department of HOME BUYING PROCESS Health and Human Services; and public witnesses. SIMPLIFICATION—HUD’S PROPOSAL TO REFORM RESPA Joint Meetings Committee on Financial Services: Subcommittee on Housing and Community Opportunity held a hear- DISABLED AMERICAN VETERANS ing entitled ‘‘Simplifying the Home Buying Process: Joint Hearing: Senate Committee on Veterans’ Affairs HUD’s Proposal to Reform RESPA.’’ Testimony was concluded joint hearings with the House Committee heard from public witnesses. on Veterans’ Affairs to examine certain legislative recommendations and concerns of wartime service- OVERSIGHT—12TH REGULAR MEETING— connected disabled veterans, after receiving testi- CONFERENCE OF PARTIES mony from Edward R. Heath, Sr., Disabled Amer- Committee on Resources: Subcommittee on Fisheries ican Veterans, Cold Spring, Kentucky. Conservation, Wildlife and Oceans held an oversight f hearing on the Twelfth Regular Meeting of the Con- ference of the Parties (COP12) of the Convention on COMMITTEE MEETINGS FOR WEDNESDAY, International Trade in Endangered Species of Wild FEBRUARY 26, 2003 Fauna and Flora (CITES). Testimony was heard from (Committee meetings are open unless otherwise indicated) Craig Manson, Assistant Secretary, Fish and Wildlife and Parks, Department of the Interior; and Rebecca Senate Lent, Deputy Assistant Administrator, Fisheries, Committee on Armed Services: to hold a closed briefing to NOAA, Department of Commerce. examine planning for post-conflict Iraq and potential U.S. SMALL BUSINESS COMMUNITY—BURDEN military operations in the Philippines, 9:30 a.m., SR–222. OF REGULATIONS Committee on Banking, Housing, and Urban Affairs: to Committee on Small Business: Subcommittee on Regu- hold oversight hearings to examine the Federal Deposit latory Reform and Oversight held a hearing on the Insurance System, 9:30 a.m., SD–538. Burden of Regulations on the small business com- Committee on the Budget: to hold hearings to examine the munity. Testimony was heard from Thomas Sullivan, President’s Fiscal Year 2004 Budget proposal for Medi- Chief Counsel for Advocacy, SBA; and public wit- care and Medicaid, 3 p.m., SD–608. nesses. Committee on Commerce, Science, and Transportation: to hold hearings to examine issues involving Sport Utility EMERGENCY PREPAREDNESS—INDIAN Vehicle (SUV) safety, including data relating to vehicle POINT ENERGY CENTER rollovers, crash compatibility, and seatbelt use, 9:30 a.m., Committee on Transportation and Infrastructure: Sub- SR–253. Committee on Energy and Natural Resources: business committee on Economic Development, Public Build- meeting to consider pending calendar business, 10 a.m., ings and Emergency Management held a hearing on SD–366. Emergency Preparedness at the Indian Point Energy Committee on Environment and Public Works: to hold hear- Center located in Buchanan, New York. Testimony ings to examine the proposed Fiscal Year 2004 Environ- was heard from Representatives Engel and Lowey; mental Protection Agency budget, 9:30 a.m., SD–406. Joe Picciano, Acting Regional Director, Region 2, Committee on Finance: business meeting to mark up the FEMA, Department of Homeland Security; Hubert Miscellaneous Trade and Technical Correction Act of Miller, Regional Administrator, Region 1, NRC; 2003, 10 a.m., SD–215. and the following officials of the State of New York: Committee on Foreign Relations: committee will meet to Ed Jacoby, Director, Emergency Management Office; receive a perspective on the revitalization and reconstruc- Scott Vanderhoef, County Executive, Rockland tion of post conflict Afghanistan, 10:30 a.m., SD–419. Committee on Governmental Affairs: to continue hearings County; Andrew Spano, County Executive, West- to examine consolidating intelligence analysis, focusing chester County; and Ed Diana, County Executive, on a review of the President’s proposal to create a Ter- Orange County. rorist Threat Integration Center, 10 a.m., SD–342. MEDICARE—ELIMINATING BARRIERS TO Committee on Indian Affairs: business meeting to con- CHRONIC CARE MANAGEMENT sider the nomination of Ross Owen Swimmer, of Okla- homa, to be Special Trustee, Office of Special Trustee for Committee on Ways and Means: Subcommittee on American Indians, Department of the Interior, S.162, to Health held a hearing on Eliminating Barriers to provide for the use of distribution of certain funds award- Chronic Care Management in Medicare. Testimony ed to the Gila River Pima-Maricopa Indian Community, was heard from Stuart Guterman, Director, Office of and S. 222, to approve the settlement of the water rights

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claims of the Zuni Indian Tribe in Apache County, Ari- Subcommittee on Telecommunications and the Inter- zona; to be followed by hearings to examine the Presi- net, hearing entitled ‘‘Health of the Telecommunications dents proposed budget for Fiscal Year 2004 for Indian Sector: A Perspective from the Commissioners of the Fed- Affairs, 10 a.m., SR–485. eral Communications Commission,’’ 10 a.m., 2123 Ray- Committee on Rules and Administration: business meeting burn. to consider an original resolution authorizing certain ex- Committee on Financial Services, Subcommittee on Capital penditures for committee operations, 9:15 a.m., SR–301. Markets, Insurance, and Government Sponsored Enter- Committee on Veterans’ Affairs: to hold hearings to exam- prises, hearing entitled ‘‘It’s Only FAIR: Returning ine the Administration’s proposed Fiscal Year 2004 De- Money to Defrauded Investors,’’ 10 a.m., 2128 Rayburn. partment of Veterans Affairs Budget, 4 p.m., SR–418. Committee on International Relations, hearing on Russia’s Policies Toward the Axis of Evil: Money and Geopolitics House in Iraq and Iran, 10:15 a.m., 2172 Rayburn. Committee on Agriculture, to consider the following: Committee on the Judiciary, Subcommittee on Courts, the Committee Budget Views and Estimates for Fiscal Year Internet, and Intellectual Property, oversight hearing on 2004 for submission to the Committee on the Budget; ‘‘Peer-to-Peer Piracy On University Campuses,’’ 10 a.m., and further organizational matters, 1 p.m., 1300 Long- 2141 Rayburn. worth. Committee on Rules, to consider H.R. 534, Human Committee on Appropriations, Subcommittee on Agri- Cloning Prohibition Act of 2003, 2:30 p.m., H–313 culture, Rural Development, Food and Drug Administra- Capitol. tion and Related Agencies, on Office of Inspector Gen- Committee on Small Business, to meet for organizational eral, 9:30 a.m., 2362A Rayburn. purposes, 1:30 p.m., followed by a hearing on the Small Subcommittee on Interior, on Secretary of the Interior, Business Administration’s Budget for Fiscal Year 2004, 2 10 a.m., B–308 Rayburn. p.m., 2360 Rayburn. Subcommittee on Military Construction, on Army Committee on Transportation and Infrastructure, to mark Construction, 10 a.m., and on Navy Construction, 2 up the following: Committee Budget Views and Esti- p.m., B–300 Rayburn. mates for Fiscal Year 2004 for submission to the Com- Subcommittee on VA, HUD, and Independent Agen- mittee on the Budget; H.R. 866, Wastewater Treatment cies, on American Battle Monuments Commission, 10 Works Security Act of 2003; the Over-the-Road Bus Se- a.m., and on Selective Service System, 11 a.m., H–143 curity and Safety Act of 2003; the Rail Passenger Dis- Capitol. aster Family Assistance Act of 2003; and other pending Committee on Armed Services, to continue hearings on the business, 11 a.m., 2167 Rayburn. fiscal year 2004 National Defense Authorization budget Subcommittee on Aviation and the Subcommittee on request, 10 a.m., and to hold a hearing on U.S. forward- Railroads, joint hearing on Planes, Trains, and Intermod- deployed strategy in the European Theater, 2 p.m., 2118 alism: Improving the Link Between Air and Rail, 2 p.m., Rayburn. 2167 Rayburn. Committee on the Budget, hearing on the Department of Committee on Ways and Means, hearing on the Adminis- Health and Human Services Budget Priorities Fiscal Year tration’s Trade Agenda, 10:30 a.m., 1100 Longworth. 2004, 10 a.m., 210 Cannon. Permanent Select Committee on Intelligence, Subcommittee Committee on Education and the Workforce, Subcommittee on Terrorism and Homeland Security, executive, hearing on 21st Century Competitiveness, to mark up H.R. 444, on Terrorist Threat Integration Center, 2 p.m., H–405 Back to Work Incentive Act of 2003, 10:30 a.m., 2175 Capitol. Rayburn. Committee on Energy and Commerce, Subcommittee on Joint Meetings Oversight and Investigations, hearing entitled ‘‘Procure- Joint Economic Committee: to hold hearings to examine ment and Property Mismanagement and Theft at Los Ala- the Economic Report of the President, 2:30 p.m., mos National Laboratory,’’ 1 p.m., 2322 Rayburn. SD–628.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m, Wednesday, February 26 1 p.m., Wednesday, February 26

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of Suspensions: ation of the nomination of Miguel A. Estrada, of Vir- (1) H. Con. Res. 36, Celebrating the 140th anniversary ginia, to be United States Circuit Judge for the District of the Emancipation Proclamation and commending of Columbia Circuit. Abraham Lincoln’s efforts to end slavery; (2) H.R. 254, North American Development Bank Re- authorization; (3) H.R. 657, Augmenting the emergency authority of the Securities and Exchange Commission; (4) H.R. 258, American 5-Cent Coin Design Con- tinuity Act; and (5) H. R. 672, Renaming the Guam South Elementary/ Middle School in honor of Navy Commander William ‘‘Willie’’ McCool, pilot of the Space Shuttle Columbia when it was lost on February 1, 2003.

Extensions of Remarks, as inserted in this issue

HOUSE Hastings, Alcee L., Fla., E277 Payne, Donald M., N.J., E284 Hinojosa, Rube´n, Tex., E277 Peterson, John E., Pa., E276 Bereuter, Doug, Nebr., E284 Hoyer, Steny H., Md., E282 Radanovich, George, Calif., E279 Berry, Marion, Ark., E275 Kennedy, Patrick J., R.I., E276 Rogers, Mike, Ala., E281 Camp, Dave, Mich., E280 Kingston, Jack, Ga., E275 Smith, Nick, Mich., E283 Castle, Michael N., Del., E280 Leach, James A., Iowa, E281 Clay, Wm. Lacy, Mo., E283 McCarthy, Carolyn, N.Y., E277 Thompson, Bennie G., Miss., E277 Davis, Tom, Va., E275, E276, E276, E277, E279, E280 McHugh, John M., N.Y., E279 Visclosky, Peter J., Ind., E282, E284 Emanuel, Rahm, Ill., E278 Markey, Edward J., Mass., E278 Whitfield, Ed, Ky., E282, E283 Graves, Sam, Mo., E275, E276, E282, E283, E284 Pallone, Frank, Jr., N.J., E281

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