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

Vol. 148 WASHINGTON, TUESDAY, OCTOBER 8, 2002 No. 131 Senate The Senate met at 9 a.m. and was U.S. SENATE, I ask Senators to try to find time in called to order by the Honorable ZELL PRESIDENT PRO TEMPORE, their schedules and, as I indicated last MILLER, a Senator from the State of Washington, DC, October 8, 2002. night, we will try to work with both To the Senate: Georgia. Under the provisions of rule I, paragraph 3, staffs to come up with specific times so of the Standing Rules of the Senate, I hereby people are not waiting around. This de- PRAYER appoint the Honorable ZELL MILLER, a Sen- bate should be in full sway at 10 The Chaplain, Dr. Lloyd John ator from the State of Georgia, to perform o’clock. I hope if anyone has amend- Ogilvie, offered the following prayer: the duties of the Chair. ments to offer, they will do it also at O God, our refuge and strength, a ROBERT C. BYRD, that time or shortly thereafter. President pro tempore. very present help in trouble, we will f not fear! In the midst of these perilous Mr. MILLER thereupon assumed the times, we hear Your voice saying, ‘‘Be chair as Acting President pro tempore. RESERVATION OF LEADER TIME still and know that I am God, I will be f The ACTING PRESIDENT pro tem- exalted among the Nations, I will be RECOGNITION OF THE ACTING pore. Under the previous order, the exalted in the earth.’’ In response we MAJORITY LEADER leadership time is reserved. affirm, ‘‘The Lord of hosts is with us; f You are our help and hope.’’ The ACTING PRESIDENT pro tem- Almighty God, as You have inter- pore. The Senator from Nevada is rec- MORNING BUSINESS vened to help our Nation in just wars ognized. The ACTING PRESIDENT pro tem- against despots and dictators of his- f pore. Under the previous order, there tory, we ask for Your continuing inter- ORDER OF PROCEDURE will now be a period for the transaction vention in the battle against terrorism. Mr. REID. Mr. President, I ask unan- of morning business not to extend be- Guide the Senators as they further de- imous consent that the minority and yond the hour of 10 a.m., with Senators bate the resolution to authorize the majority have full half hours in morn- permitted to speak therein for up to 10 use of United States Armed Forces ing business, so we will not be on the minutes each. against Iraq. Thank You for the integ- bill until about 5 after 10. Under the previous order, the first rity and intentionality the Senators The ACTING PRESIDENT pro tem- half of the time shall be under the con- have shown in the debate of this cru- pore. Without objection, it is so or- trol of the Republican leader or his des- cial issue. Guide their thinking, bind dered. ignee. The Chair recognizes the Senator them together in unity and inspire f their vision. You are our Lord and Sav- from Iowa. iour. Amen. SCHEDULE Mr. GRASSLEY. Mr. President, I Mr. REID. Mr. President, you will be yield myself the requisite amount of f announcing morning business for an time to speak in morning business. PLEDGE OF ALLEGIANCE hour. After that, we are going to the The ACTING PRESIDENT pro tem- resolution. It is open to amendment. pore. Without objection, it is so or- The Honorable ZELL MILLER led the We have had five Senators contact our dered. Pledge of Allegiance, as follows: cloakroom—and I will check to see if f I pledge allegiance to the Flag of the there have been some who have con- United States of America, and to the Repub- tacted the Republican cloakroom— FBI REFORM lic for which it stands, one nation under God, wishing specific times to speak. We are Mr. GRASSLEY. Mr. President, I indivisible, with liberty and justice for all. going to do our best to accommodate have addressed the Senate many times f the times. I know committee hearings on my oversight efforts of the FBI. As are taking place, and it is difficult for my colleagues know, I have been trying APPOINTMENT OF ACTING people to come over this morning. This to improve the FBI for years. Some- PRESIDENT PRO TEMPORE debate is not going to go on forever, times that means investigating prob- The PRESIDING OFFICER. The and Senators are going to have to lems that some people would otherwise clerk will please read a communication speak when it may not be as conven- rather cover up. But there is nothing to the Senate from the President pro ient for them as some other time. If like sunshine that fixes what is wrong, tempore (Mr. BYRD). they wait until after Thursday, there particularly in Government. The legislative clerk read the fol- may be no time to speak on this resolu- I do this not because I am against the lowing letter: tion. FBI but because I think the FBI is

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

S10055

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VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10056 CONGRESSIONAL RECORD — SENATE October 8, 2002 meant to work well and work right so valued by experts at more than $5,000. OK and why can’t they get away with our country is protected. In fact, since This globe was wrapped in an evidence it? So taking this from Ground Zero September 11, the FBI is on the front bag. was not only wrong, but it could really line on the domestic war on terrorism. What does this have to do with the hurt prosecutions. Obviously, the FBI must change to FBI? Because Agent Turner could not get meet that demand. If it does not, we Well, the answer is this globe was an investigation into this matter by lose the domestic war on terrorism stolen from Ground Zero New York the FBI, she had to bring this to my when the people on the front line are City, as you know. I don’t think I have staff and Chairman LEAHY’s staff. Be- not ready to do what needs to be done. to explain how disgraceful that act is. cause of the severity of the situation, In February, I was addressing the It is not only illegally taking evi- it was decided that she report the situ- Senate about the FBI reform bill intro- dence from a crime scene, but it is ation to the Justice Department In- duced by Chairman LEAHY and myself stealing from hallowed ground where spector General for a criminal inves- to help bring more security and ac- thousands of people died on September tigation. countability to the FBI. I want to 11. There have already been numbers of Fortunately, Agent Turner was able highlight that bill. prosecutions for removing items from to recover the globe from the Min- The bill strengthens the FBI uni- Ground Zero. There is not question nesota office and bring it to the Inspec- formed police, creates an effective then that this act was wrong. tors General in a sealed evidence bag. polygraph program to detect moles, But in this case, I am told that the The bag was sealed and signed both by and establishes an attractive career globe was taken by one or more FBI Agent Turner and an agent from the path for internal security officers. This agents. That is right. I am sorry to say FEMA Inspector General office, which is important. It has not been that long it was taken by FBI agents. is also working the case. since probably the worst spy case in Agents from the Minneapolis Divi- I have also learned of other problems FBI history, Robert Hanssen, was un- sion apparently took it back with them with the FBI Minneapolis office. Ap- covered. after being on official business at parently, a former FBI agent from that For accountability, it ends the dou- Ground Zero. When they returned, I office is using his influence and access ble standard in discipline that allows guess they gave it to a secretary in the to undermine an FBI investigation. top bureaucrats to escape punishment. office, as if it was some memento from This former agent is now a consultant This bill gives real whistleblower pro- the trip. to the subject of an investigation. So tections to FBI agents so others, such This is how I know that: because an he is working against the FBI on a as Coleen Rowley of Minneapolis, can FBI agent decided to blow the whistle case, but at the same time trying to in- come forward with the truth, as Direc- after her superiors would not do any- fluence and get information from the tor Mueller complimented her as a thing about the theft. FBI with such perks as sideline-access whistleblower for bringing valuable in- The FBI and the Federal Emergency Vikings tickets. formation to the surface. Management Administration Inspec- This appears to be a violation of Gov- I happen to think the Attorney Gen- tors General have been investigating a ernment ethics rules, a big security eral and the FBI Director are working Minnesota company for stealing items problem and conflict of interest. I hope hard to reform and improve the FBI, from Ground Zero and other matters. the FBI looks into this problem as but the Leahy-Grassley bill will help Coincidentally, Agent Jane Turner of well. ensure that reform really happens. In the Minneapolis office discovered that What does this have to do with the fact, the Justice Department has even other FBI agents did the very same FBI reform bill? Agent Turner’s disclo- asked us for several provisions that we thing. sures to the committee are not pro- agreed to put in the bill. In fact, it was one or more agents tected. The FBI knows they could re- The Judiciary Committee approved from the Evidence Response Team that taliate. this bill unanimously back in April. took the globe. The ERT is supposed to It is the same thing that happened Since then, this bill has been in limbo. secure and collect evidence at a crime with Agent Coleen Rowley from Min- There is now a hold on this bill—one of scene. Their job is to preserve the in- neapolis. She was involved with the these secret holds. I do not do secret tegrity of a crime scene, not take from Moussaoui case, and she was not retali- holds. When I put a hold on a nominee it and disrupt it. ated against because of media atten- or a bill, I always put a statement in When Agent Turner told her super- tion and Director Mueller’s promise. the CONGRESSIONAL RECORD so Senators visor about this, he said he already But that is not going to happen every know it is CHUCK GRASSLEY and why knew about it. It evidently was not time. FBI agents cannot always take CHUCK GRASSLEY is putting a hold on a that big a deal because he did not do the risk that comes with blowing the bill. It seems we need to put a stop to anything about it. whistle. There has to be protection in the backroom squabbles that have Well, I do think it is a big deal. I the law, and that’s what the FBI re- brought this hold about and put na- think it is outrageous. And I suspect form bill does. In the Turner case, tional security first and help reform that the loved ones of the 9/11 victims Chairman LEAHY and I wrote to the Di- the FBI. would think this is an outrage. rector asking for his assurance that A few parts of the bill were luckily In New York, the fact is people are Agent Turner not get hit with retalia- included in the Department of Justice working overtime to try and return tion, but we have not gotten an answer reauthorization bill last week. I appre- items like this to the families that back yet. ciate that the inspector general’s au- once owned them. Maybe some people This bill also will put an end to the thority to investigate the FBI is now who work at these scenes think that double standard in discipline, where codified, and I am sure the FBI appre- taking something is OK, like it is a senior officials get away with mis- ciated the help we gave them by in- trophy for their hard work, but I do not conduct and coverups, while rank-and- cluding provisions for the uniformed think so. Most important, it is against file agents get punished for the same police force. the law. thing. This hurts the morale of the That is all nice, but the heart of the This makes me wonder what else FBI. FBI reform bill was left out, and that these agents stole, if they were gen- And how do we know about these dis- heart is more whistleblower protec- erous enough to give a pricey crystal cipline problems? We know about them tions and ending the double standard in globe to a secretary. because of whistleblowers, patriotic discipline. This is the kind of behavior from a American citizens wanting the law to I have outlined why this bill is im- law enforcement agency that could be abided by. portant. Now I think an example I have backfire and hurt the case against Agents John Roberts, Frank Perry, will help people understand why we criminals. Patrick Kiernan, and former agent need to enact this bill very shortly. For example, if a company were to do John Werner all testified about this Quite recently, my staff was shown a the same thing, steal something from discipline scandal last summer. This Tiffany crystal paperweight globe. This Ground Zero, they might argue in bill is only the first step to fix it, but globe sells for $100 to $200 but has been court that the FBI did it, so it must be the bill has not gone anywhere. These

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10057 agents stuck their necks out to explain are we waiting to have allies in the to be something we do, we must go what is wrong with the FBI to Congress U.N.? Certainly most agree that is ahead. and the public. So far the Senate has something we want. The President cov- Our role is to disarm Saddam. Inspec- ignored them, and their careers con- ered that very thoroughly, and indi- tors are an excellent way to do that. tinue to be at risk. cated that is his goal. But we have to review policy to see I know all this might be embar- Our loss of 3,000 innocent Americans they are unrestricted. However, getting rassing for the FBI, but stealing is on September 11 makes us aware of inspectors in is not the goal. Disar- wrong, especially from Ground Zero, why we need to make some changes; mament is the goal. Inspectors may be and there has to be consequences. that activity in the world has changed. a way to do that. We hope they are. Heads have to roll. I think the FBI A number of years ago the threats were There will be movement in the U.N. agents in the field around the country of landing on barges, flying huge for- The President’s talk last night will do do a great job. I have found that the mations of airplanes, with divisions of a great deal to assist in that regard. big FBI mistakes over the years usu- armed men and women. Now it is not The resolution before the Senate pro- ally come from headquarters, not from entirely safe, as we found out Sep- vides for the necessary authority. It the grassroots. tember 11. We suffer huge damages pertains to support of diplomatic ef- In this case, it looks as if there are a from one incident. That is difficult to forts of the President to strictly en- few bad apples who did something control. Clearly we have a problem. force the United Nations Security wrong. And no one wanted to deal with We must complete our discussion, Council resolutions that have been in it, so Agent Turner was obligated to move forward and make decisions. It is place for 10 years. That is all we are blow the whistle. It was her sworn duty an issue important to everyone, as a asking. as a Federal law enforcement officer. Nation, and important to the world. We We support, in this resolution, action If we do not have the FBI reform bill, will be voting on a resolution soon. I by the Security Council to ensure Iraq we will not have whistleblowers like suppose there will be amendments to abandons its strategy for delay and in- Jane Turner and Coleen Rowley who the resolution. The House may or may vasion. The authorization is included. expose these hidden problems that need not come up with the same resolution. The President is authorized to use the to be fixed. Nevertheless, that is the role of the Armed Forces of the United States as Without the bill, agents in the field Senate. I hope we deal with it as quick- he determines to be necessary and ap- will still think senior bureaucrats are ly as we can. propriate in order to defend the na- held to a different standard, so morale It grants the authority of the Presi- tional security of the United States suffers. dent to do what he feels has to be done against the continuing threat posed by Without the bill, FBI internal secu- to deal with this issue. Today we un- Iraq, and, number 2, enforce all rel- rity will not be the best it can be. That derstand the clear and present threat evant United Nations Security Council means the FBI will be more vulnerable of terrorism being different than in the resolutions regarding Iraq. The Presi- and less effective, and that hurts na- past. September 11 changed that. We dent makes those determinations and tional security. see evidence of these threats around reports to the Congress. He makes This is not about politics. It is about the world. available to the Speaker of the House improving the FBI and national secu- Our personal safety has changed, as and the President pro tempore his de- rity, and about making sure truth, well as our national security. We rec- termination that, number one, reliance fairness and justice prevail. ognize that. I understand there is rea- by the United States on further diplo- I yield the floor. son to debate this issue. People have matic or peaceful means alone either I suggest the absence of a quorum. different views. We need to discuss the will not adequately protect the na- The ACTING PRESIDENT pro tem- commitment of the military in this tional security or will not likely lead pore. The clerk will call the roll. world. The question of acting unilater- to the enforcement of those Security The legislative clerk proceeded to ally is a difficult question. That is one Council resolutions. It makes that de- call the roll. alternative. termination, and, number 2, deter- The ACTING PRESIDENT pro tem- We need to offer leadership in the mines that acting pursuant to this res- pore. The Senator from Wyoming. world to reduce the risk that exists. olution is consistent with the United Mr. THOMAS. Mr. President, I ask The administration has done an excel- States and other countries continuing unanimous consent that the order for lent job of getting the support of our to take necessary actions against the quorum call be rescinded. allies. Not all have signed up. Not all international terrorists, terrorist orga- The ACTING PRESIDENT pro tem- have stood up and raised their hands. nizations, including the nations, orga- pore. Without objection, it is so or- Many support what we do now, as in nizations, and persons planning and au- dered. Afghanistan. thorized to commit or aiding terrorists f Obviously, people have different in the attacks that occurred on Sep- views. Some are politicized. Some are IRAQ tember 11. different, legitimate views. We have to It is pretty clear what needs to be Mr. THOMAS. Mr. President, this identify what our role should be as a done. It is appropriate to discuss this. morning I will make a few comments leader in the world. More importantly, We have discussed it sufficiently. I with regard to the issue that is gen- we need to protect this country’s free- hope in the next day or two we can erally before us and before the country, dom and protect the freedom of all citi- complete action. We need a little less and that is, of course, where we go with zens. talk and more action. The time has regard to Iraq and Saddam Hussein. In England, Prime Minister Blair has come to do that. It is our challenge. It The President did a great job last stepped up. I am sure others will, as is our responsibility. I hope we can do night. He made very appropriate com- well. We need to continue to discuss it. it in the next several days. ments at a very appropriate time. He Much of the discussion has already I yield the floor. has discussed in detail the threats we taken place and the decision is ready The ACTING PRESIDENT pro tem- see in Iraq, the threats we see in ter- to be made. Is this a sufficient threat pore. The Senator from New Mexico. rorism, and he has talked about his so- to cause us to commit ourselves? I f lution. think so. Should we work through the There have been questions raised, U.N. with our allies? Of course. That is UNANIMOUS CONSENT REQUEST— and properly so, and the President last what the President suggested last S. 724 evening sought to answer those ques- night. I heard a fellow Senator this Mr. BINGAMAN. Mr. President, tions, as indeed I think he should. morning saying we should not do any- today, once again, I will rise for the Why do we need to contain this dic- thing until the U.N. authorizes it. I purpose of asking unanimous consent tator? I think surely most people un- hope the U.N. does, and I hope the U.N. to take up and pass S. 724. I will with- derstand that. Why do we need to do it is there. They should be. On the other hold doing that until Senator NICKLES now? I suppose that may be one of the hand, I don’t think we ought to be con- is able to come to the floor. I under- most difficult questions for some. Why trolled by the U.N. If we find this has stand he wishes to address the issue.

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10058 CONGRESSIONAL RECORD — SENATE October 8, 2002 This is a subject I raised last week roactive to the period that the child We were unable to proceed with passage of here in the Senate. S. 724 is the Moth- was in the womb. Therefore, if 9 this important legislation to cover pregnant ers and Newborns Health Insurance Act months of pregnancy were covered, the women due to the objection you raised, of 2001. It was reported by the Senate child would lose coverage in the third which, you stated, were based on questions you wanted answered prior to passage. Finance Committee unanimously in month after birth. Potentially lost Through this letter and attachment, we have July. It is legislation which was intro- would be a number of well-baby visits, addressed all the issues that you raised. duced by Senators BOND and BREAUX immunizations, and access to pediatric Therefore, we will once again ask for unani- and would simply give States the op- caregivers. mous consent to proceed to passage next tion of covering pregnant women in the This legislation, S. 724, which was in- week, and we hope we can count on your sup- State Children’s Health Insurance Pro- troduced by Senator BOND, has a large port. gram, or the CHIP program, for the full number of bipartisan cosponsors. Sen- Thank you for your immediate consider- ation. The health of many of our nation’s range of pre- and postpartum care. ator DASCHLE is a cosponsor. Senator mothers and children await this important This legislation did pass out of the LOTT is a cosponsor. Many others of my action by the Senate. Senate Finance Committee by unani- colleagues are cosponsors. Sincerely, mous vote. It includes language we in- Last Wednesday, we tried to pass S. JEFF BINGAMAN. corporated in an earlier bill, S. 1016, 724 and objections were raised. Senator BLANCHE L. LINCOLN. which was the Start Healthy, Stay NICKLES asked a number of questions, Attachment. Healthy Act of 2001 introduced by me and Senator LINCOLN and I prepared QUESTIONS AND ANSWERS ABOUT S. 724 and supported by Senators LUGAR, some detailed responses. We made sev- Question. How much does the bill cost and MCCAIN, CORZINE, LINCOLN, CHAFEE, eral points in those responses. Let me what is the offset? MILLER, and LANDRIEU, and it provides just summarize those. The CBO estimate of the pregnant women children with continuous health care First, with regard to the cost of this bill was $611 million over five years and $1.08 coverage throughout the first and most legislation, the bill is almost entirely billion over 10 years prior to the issuance of fragile year of life. the rule. The legislation also uses SSI pre-ef- offset over the first 5 years it would be fectuation reviews as the offset, with a sav- According to the Centers for Disease in existence, and it actually saves ings of $279 million over 5 years and $1.34 bil- Control, the United States ranks 21st money over the 10-year period. lion over 10 years. Over ten years, there is a in the world in infant mortality and With regard to whether the adminis- net savings to the passage of this legislation. 26th in the world in maternal mor- tration supports the bill, Secretary However, according to the Administration, tality. For a nation as wealthy as ours, Thompson has repeatedly expressed the cost of their rule is $330 million between these statistics are simply unaccept- support for passage of legislation, in- fiscal years 2003 and 2007. With that taken able. cluding specifically mentioning sup- into account, the cost of passage of pregnant women coverage would drop to $281 million Unfortunately, the regulation the ad- port for S. 724 and companion legisla- ministration issued last week to allow over five years. As a result, the overall net tion in the House. He has done that on cost of the bill would be almost nothing over unborn children to be covered by the two occasions. five years and would save money over the 10- State Children’s Health Insurance Pro- With regard to whether the regula- year period. gram, or CHIP, leaves pregnant women tion eliminates the need for legisla- Question. . . . It’s just my understanding out of that equation. That is contrary tion, the regulation itself notes that it that Secretary Thompson has promulgated a to the clinical guidelines of the Amer- leaves many gaps in coverage that the reg[ulation] which I believe he thinks satis- ican College of Obstetricians and Gyne- rule creates, including denials of care fies a lot of the unmet health care needs of children, including unborn children, and . . . cologists. It is contrary to the guide- for pregnant women through preg- lines of the American Academy of Pe- so he supports the reg[ulation] that he’s pro- nancy, through delivery, and through mulgated and is now effective and does not diatrics. Both organizations indicate postpartum care. support the legislation which goes far be- that the woman and the unborn child With regard to the burden this bill yond the reg[ulation] that he’s just promul- need to be treated together. could place on States, the legislation gated . . . Maybe he did make a statement If you are covering only the fetus, as would simply allow States the option that was supportive in March but he may this regulation that came out last to expand coverage to pregnant women well feel like that was accomplished in the week purports to do, this eliminates through the CHIP program, or not to reg[ulation]. Department of Health and Human Services important aspects of coverage for expand that coverage, as they choose. women during all the stages of birth, (HHS) Secretary Tommy Thompson has stat- States that do not wish to expand cov- ed repeatedly his support for the passage of pregnancy, delivery, and postpartum erage would not be compelled to do so. legislation to allow states the option to care. The various health services that The National Governors Association cover the full range of health services to pregnant women could be denied, with- believes all States should have that op- pregnant women through the State Chil- out passage of this legislation, were tion. Therefore, the NGA has specific dren’s Health Insurance Program (SCHIP), elaborated on the Senate floor earlier. policy in support of expanding options and specifically mentioned S. 724 on at least We need to do better by our Nation’s to cover pregnant women through this one occasion. mothers than we have done so far. This In a statement issued on January 31, 2002, CHIP program. Secretary Thompson praised Senators Bond, legislation will do that. I ask unanimous consent to have Let me also make it clear, though, Breaux and Collins for ‘‘bipartisan leadership printed in the RECORD the more de- in supporting S. 724, a bill that would allow that this bill is about children’s health. tailed response Senator LINCOLN and I states to provide prenatal coverage for low- Senator BOND’s bill appropriately is sent to Senator NICKLES with respect income women through the SCHIP program. called the Mothers and Newborns to the objections and questions he We support this legislative effort in this Con- Health Insurance Act. It is given that raised on the floor last Wednesday. gress.’’ title for a very good reason. We all There being no objection, the mate- In testimony before the Senate Finance know the importance of an infant’s Committee on February 14, 2002, Secretary rial was ordered to be printed in the Thompson expressed support for legislation first year of life. Senator BOND’s legis- RECORD, as follows: lation, as amended in our committee, expanding coverage to pregnant women rath- U.S. SENATE, er than states having to seek waivers. the Finance Committee, provides 12 Washington, DC, October 4, 2002. In testimony before the House Labor-HHS months of continuous coverage for Hon. DON NICKLES, Appropriations Subcommittee on March 6, children after they are born. Assistant Minority Leader, 2002, Secretary Thompson said, ‘‘And so, if Again, the United States ranks 21st Capitol, Washington, DC. you can pass the bill [the House companion in the world in infant mortality. We DEAR SENATOR NICKLES: On Wednesday, Oc- bill to S. 724 introduced by Representatives need to do a better job by our Nation’s tober 2, 2002, we tried to pass by unanimous Hyde and Lowey], we don’t need the rule.’’ newborn infants just as we need to do a consent bipartisan legislation by Senators He added, ‘‘Let’s pass the legislation.’’ better job by our Nation’s mothers. Bond and Breaux, the ‘‘Mothers and In a letter to Senator Bingaman dated Newborns Health Insurance Act’’ (S. 724), April 12, 2002, Secretary Thompson wrote: The rule that was passed last week which passed the Senate Finance Committee ‘‘Prenatal care for women and their babies does provide an option for 12 months in July by unanimous consent. The legisla- is a crucial part of medical care. These serv- continuous enrollment to States, but it tion has a number of bipartisan cosponsors, ices can be a vital, life-long determinant of makes the time for that 12 months ret- including Senators Daschle and Lott. health, and we should do everything we can

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10059 to make this care available for all pregnant And finally, during the postpartum period, women under SCHIP. This small shift in fed- women. It is one of the most important in- women would be denied all health coverage eral policy would allow states to provide vestments we can make for the long-term from the moment the child is born. Impor- critical prenatal care and would increase the good health of our nation. tant care and treatment, including but not likelihood that children born to SCHIP ‘‘As I testified recently at a hearing held limited to the treatment of hemorrhage, in- mothers would have a healthy start.’’ by the Health Subcommittee of the House fection, episiotomy repair, C-section repair, States are partners with the federal gov- Energy and Commerce Committee, I also family planning counseling, treatment of ernment in Medicaid and SCHIP. They are support legislation to expand SCHIP to cover complications after delivery (including, once asking for additional state flexibility in cov- pregnant women. However, because legisla- again, life-saving surgery), and postpartum erage options here that should be granted by tion has not moved and because of the im- depression would not be covered. the passage of S. 724. The ‘‘Mothers and portance of prenatal care, I felt it was impor- Question. I’m also going to check with the Newborns Health Insurance Act of 2002.’’ tant to take this action [of issuing regula- states, because I also believe this is an ex- tions].’’ Mr. BINGAMAN. Mr. President, pansion of Medicaid, which I know my state again, at the appropriate time, once Repeatedly, Secretary Thompson has ex- is struggling to pay. As a matter of fact, ac- pressed support for legislation over the past tually reducing payments in some cases in Senator NICKLES has arrived in the year. As to whether he now thinks the rule Medicaid because they just don’t have the Chamber, I will rise once again to seek eliminates the need for legislation, it is im- budget. And, our state health director . . . unanimous consent that we be allowed portant to note that HHS issued a waiver on has told us don’t increase any new expan- to bring up and pass S. 724, as passed September 27, 2002, to Colorado requested by sions on Medicaid because we can’t afford it out of the Finance Committee. Republican Governor Bill Owens to cover . . . Pregnant women [are eligible for Med- Mr. President, I am informed Senator pregnant women through SCHIP. The Colo- icaid] with incomes less than 185% of poverty rado waiver was issued on the same day the NICKLES will not be able to come to the . . . and I believe this legislation would take floor in the near future. Therefore, I Secretary issued a press release on the rule that up to 300%. So, it would make many to allow coverage to ‘‘unborn children’’ more people eligible for Medicaid which will go ahead and make the unanimous through SCHIP. As Secretary Thompson is would also increase the costs to the states, consent request at this time. quoted, ‘‘Approved this waiver means that which some states can’t afford it. I ask unanimous consent that the thousands of uninsured women and their ba- The legislation provides for an expansion Senate proceed to the immediate con- bies will be able to get health care cov- of coverage for pregnant women, at a state sideration of Calendar No. 541, S. 724; erage.’’ This is the third wavier granted by option, through the State Children’s Health Secretary Thompson to cover not just ‘‘un- that the committee substitute be Insurance Program (SCHIP). agreed to, the bill be read a third time born children’’ but pregnant women, as pre- As the Committee report (Senate Report vious waivers were given to Rhode Island and 107–233) reads: and passed, the title amendment be New Jersey. Clearly, the Republic Governor ‘‘The Committee bill allows states to cover agreed to, the motions to reconsider be of Colorado did not think the rule fully cov- additional pregnant women under SCHIP. laid on the table, with no intervening ered their desire to provide coverage to preg- The SCHIP expansion group includes preg- action or debate, and that any state- nant women. nant women with family income above the ments related to the bill be printed in HHS acknowledges in the regulation that state’s Medicaid financial eligibility stand- the rule covering ‘‘unborn children’’ does not the RECORD. ard for pregnant women in effect on January The ACTING PRESIDENT pro tem- fully cover pregnant women and is in lieu of 1, 2002, up to the income eligibility for legislation being passed by Congress to pro- pore. Is there objection? SCHIP children in effect as of January 1, vide care to pregnant women. The regulation 2002... Mr. THOMAS. Mr. President, on be- also acknowledges that despite the rule that ‘‘Current federal law enables low-income half of several of our Members who ‘‘there are still gaps’’ and that waivers are pregnant women to receive coverage under want to talk, I object. not a fully acceptable way to address them. SCHIP through age 18, but it does not pro- The ACTING PRESIDENT pro tem- As the rule reads: vide such coverage to women ages 19 and ‘‘This regulation bridges a gap in eligi- pore. Objection is heard. above. While states have the ability to add bility between the Medicaid and the SCHIP Mr. BINGAMAN. Mr. President, I see SCHIP coverage for pregnant women over programs that has now existed for five years. my colleague from New Jersey is here age 18 through Section 1115 waivers, states Members of the Congress have also recog- to speak. He has been a strong sup- find this process to be both time-consuming nized this gap and have introduced various porter of this legislation from the time pieces of legislation over the years to ad- and administratively burdensome. The Com- mittee bill allows states to cover pregnant it was first introduced. I will yield the dress this gap. The opportunity to expand floor at this time so he may speak. vital health insurance coverage during a women through the simpler state plan critical time is at hand. amendment process. The committee bill also The ACTING PRESIDENT pro tem- ‘‘We welcome all of these suggestions for eliminates the disparity in coverage levels pore. The Senator from New Jersey. expanding health insurance coverage and in- between pregnant women and infants that Mr. CORZINE. Mr. President, I, too, deed States and the Secretary have already has been created through SCHIP, enabling rise in support of the efforts about both mothers and their newborn children to used the flexibility in current regulations. which Senator BINGAMAN was speaking. However, there are still gaps. We also wel- immediately receive health coverage under the program.’’ Senator BOND, Senator LINCOLN, and come support for the actions of the Sec- the Presiding Officer have also been retary in granting waivers to States . . . But According to the Congressional Research the Secretary’s ability to intervene through Service (CRS), 38 states and the District of supportive of working to expand the one mechanism (a wavier) should not be the Columbia provide coverage up to 200% of access to prenatal care for pregnant sole option for States and may in fact be an poverty or less. States cannot exceed those women. I thank all those involved for inferior option. Waivers are discretionary on levels of coverage through SCHIP beyond the efforts to pass this legislation. the part of the Secretary and time limited levels of poverty covered for children. I have to say I am disappointed we while State plan amendments are perma- Also, if a state cannot afford an expansion of coverage to additional pregnant women, are not able to get this unanimous con- nent, and are subject to allotment neu- sent, given the overwhelming support trality.’’ they do not have to. It is a state option. The rule explains what gaps still exist. For However, it allows those states that choose in the Finance Committee. There was example, the rule highlights what cannot be to expand coverage to pregnant women to do unanimous passage there of all the ele- covered for women via care to ‘‘unborn chil- so without having to seek a waiver, just as ments Senator BINGAMAN just spoke dren.’’ If you only are covering the fetus, the regulation has done for ‘‘unborn chil- about with regard to funding. I will this eliminates important aspects of cov- dren.’’ speak to it a bit myself. erage for pregnant women during all the As a result, there is strong support for this But this is something that, given our legislation from the National Governors’ As- stages of a birth—pregnancy, delivery, and record as a nation, being 21st in the postpartum care. Among other things, preg- sociation. Their policy position (H.R.–15. nant women would not be covered during ‘‘The State Children’s Health Insurance Pro- world with regard to deaths of children their pregnancy for cancer, medical emer- gram (S–CHIP) Policy’’) expresses strong at birth, just is hard to understand— gencies, accidents, broken bones, or mental support for passage of such legislation. As it why we are not taking the steps to ad- illness. Even life-saving surgery for a mother reads: dress this fact and give those States would appear to be denied coverage. ‘‘The Governors have a long tradition of the flexibility to deal with it. Further, during delivery, coverage for expanding coverage options for pregnant As I said, I am pleased the Finance epidurals is a state option and is justified women through the Medicaid program. How- Committee unanimously passed the only if the health of the child is affected. On ever, pregnant women in working families the other hand, anesthesia is covered for are not eligible for SCHIP coverage. The legislation, S. 724, which includes, as Caesarean sections. The rule would wrongly Governors call on Congress to create a state the Senator from New Mexico men- push women and providers toward per- option that would allow states to provide tioned, the major provisions of legisla- forming C-sections to ensure coverage. health coverage to income-eligible pregnant tion we introduced about 18 months

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10060 CONGRESSIONAL RECORD — SENATE October 8, 2002 ago called Start Healthy, Stay children. I think there are some con- The ACTING PRESIDENT pro tem- Healthy. Many of us have been sup- flicts that are put in place by the regu- pore. The clerk will call the roll. portive of that legislation. lations that would be very hard to en- The legislative clerk proceeded to The bipartisan bill, as it now stands, force and could be endangering to both call the roll. seeks to expand pregnancy-related care the child and certainly to the mother’s Mrs. LINCOLN. Mr. President, I ask to low-income women who fall above health. I think they do not meet the unanimous consent that the order for Medicaid eligibility levels. Under this commonsense test. the quorum call be rescinded. bill, pregnant women would be eligible It contradicts also ACOG’s standard The ACTING PRESIDENT pro tem- for the full spectrum of prenatal and of care, which views pregnancy-related pore. Without objection, it is so or- postpartum care, as recommended by care as including prenatal, labor and dered. the American Academy of Pediatrics delivery, and postpartum care. Second, Mrs. LINCOLN. Mr. President, I rise and the American College of Obstetri- surely we can agree that neglecting the today to speak again on the impor- cians and Gynecologists. mother’s health is not the best way to tance of passing S. 724, the Mothers Unfortunately, what many of us be- give a newborn a healthy start in life. and Newborns Health Insurance Act, as lieve is noncontroversial legislation is If the administration and Members of soon as possible. It is beyond me why being held up for reasons of which I am Congress are serious about providing in the world we cannot move forward not completely certain. There were a meaningful health care to pregnant on such a practical piece of legislation. number of questions raised last week women and their children, I believe we This bill will make a real difference in by the Senator from Oklahoma which should support passage of the bipar- the health of thousands of low-income have been answered in detail in a letter tisan initiative, S. 724. This legislation women and their babies across our about which the Senator from New gives the States the option to enroll great Nation, not to mention the Mexico spoke. But the main objection low-income pregnant women into their money it is going to save this Nation, is that it somehow contradicts a rule CHIP programs, a proposal that HHS because we all know that for every $1 we invest in prenatal care, we save published by the Bush administration Secretary Thompson has endorsed ver- anywhere from $5 to $6 down the road. to expand health insurance to unborn bally and in writing many times, which It is not only compassionate and good children but not to pregnant women. is indicated in the letter Senator Actually, many of us believe this leg- BINGAMAN has forwarded to Senator policy, it is also good economics. Last Wednesday, Senator BINGAMAN islation complements the administra- Nickles. asked for unanimous consent to pass tion’s rule and will result in pregnant This legislation will provide for all of this bipartisan bill, but Senator NICK- women receiving more comprehensive the care related to the fetus outlined LES from Oklahoma objected. Since pre- and postnatal care, which will under the administration’s rule, but it then, Senator BINGAMAN and I have clearly result in healthier births and will also provide full access to prenatal and postpartum health care, other es- sent Senator NICKLES a letter answer- give newborns a better start in life. ing the questions he had about this Furthermore, S. 724, as amended, sential health care for pregnant women, and 1 year of continuous cov- particular legislation. guarantees health coverage to children It is so important Members under- born to eligible women until age 1 re- erage for newborns. Let me be clear, States will still have stand how critically important this gardless of income eligibility. The ad- the option of expanding care to fetuses piece of legislation is, and that these ministration’s rule would only guar- under the administration’s rule. But by questions can be answered. With those antee that health care for 3 months of passing this legislation, we would also questions answered, it is my hope that their lives. So we think it does an out- give the States the option of expanding we can pass S. 724 today. standing job of broadening the cov- care to pregnant women along the lines This bill, which we unanimously ap- erage to make sure that kids really do of what I talked about earlier. proved in the Finance Committee, start healthy and that they will stay My own State of New Jersey has al- gives States the option. They can sim- healthy as they go forward in their ready received a waiver from HHS, and ply take the option, if they choose, of lives. a number of other States have; a num- covering pregnant women under the The administration has stated that ber are applying. It is actually a very State’s Children’s Health Insurance the goal of its new rule is to increase a complicated and onerous process to get program. Most importantly, the bill al- woman’s access to prenatal care. I these waiver procedures in place. I lows coverage for prenatal care, deliv- think all of us applaud that. I certainly think we ought to make it legislatively ery, and postpartum care. These are all do. Why, then, is the woman explicitly appropriate, statutorily appropriate, complete parts of delivering healthy left out of that rule? For example, for all States, so they have the choice children. It is not just one opportunity under the administration’s rule, it is of moving in this direction if they so to care for a fetus that is being carried uncertain whether pregnant women choose. by a woman; it is, more importantly, will be offered treatment for ailments Every week in our country 8,500 chil- the opportunity to bring that child that may not be directly related to dren are born to mothers who lack ac- into the world healthy. We all know to pregnancy. cess to prenatal care. This is one of do that, we must look at the health of For instance, under the administra- those areas where insurance coverage the mother in a prenatal situation. We tion’s rule, a pregnant woman would can actually be provided and make a have to look at the delivery, and we not be eligible to receive care for can- big difference, so we do not end up pay- also have to look at the postpartum cer, diabetes, medical emergencies, ac- ing more for health care for children care, which is essential for women to cidents, broken bones, or mental ill- who are brought into the world in poor care for and maintain healthy children. ness. It is also unclear whether or not health conditions, who then end up I am so pleased we are joined on the a woman would be provided certain costing society even more because they floor by some of our colleagues who types of care during delivery. In order have had poor prenatal care. Every day work so hard to improve the health of to have an epidural covered, for in- we wait to pass this legislation, more women and children: Senator CORZINE, stance, a doctor would have to certify children will be born with serious Senators LANDRIEU and CLINTON are that it was in the best interest of the health problems because their mothers leaders in this area. I am glad they fetus. cannot afford health care. have all been here or will be here to Finally, the rule provides for abso- I hope we can address this issue. speak. I understand Senator MIKULSKI, lutely no postpregnancy care. Treat- There is strong bipartisan support. I Senator FEINSTEIN, and Senator LUGAR ment of postpartum complications, in- think it is time to move. I very strong- have submitted statements for their cluding hemorrhaging, infection, and ly support the efforts of all my col- support of S. 724. postpartum depression, would be inac- leagues who are pushing for S. 724 and Some of us talk a lot about the im- cessible to the mother. hope we can put the politics aside and portance of process in the Senate. These things are hard to put in the vote today to pass this important legis- Sometimes it does not translate to our context of what is the desire of, I lation. colleagues or friends and constituents think, most of us to see that there is a Mr. President, I suggest the absence out there in the greater part of our Na- good continuum, a good start for our of a quorum. tion. Some of us complain when bills

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10061 do not go through the regular process not move quickly. With rising medical National Association of County & City of committee markups and on to the malpractice rates, particularly for ob- Health Officials; Senate floor. When we are talking stetricians and gynecologists, these Society for Maternal-Fetal Medicine; Spina Bifida Association of America; about such an important issue, people doctors may simply decide to stop serv- The Alan Guttmacher Institute; do understand, when the Senate does ing CHIP patients. This regulation may United Cerebral Palsy Associations. not act on something that is this crit- become another disincentive for doc- Ms. LINCOLN. Mr. President, I thank ical to the well-being of their life, par- tors to participate in programs serving my colleagues who have joined me. In ticularly to the health of their chil- our low-income population. the last few days of the session, let us dren. Failing to pass S. 724 leaves doctors prove to the American people we in the This bill went through the classic choosing between following clinical Senate do understand what goes on in Senate process, as is described in Gov- guidelines which we know, through re- their everyday lives, we do care, and ernment textbooks. As Senators BINGA- search, is the most proper care women we can act in ways that will actually MAN, BOND, and I discussed last week, need; they have to choose between fol- make a difference in their lives; that S. 724 unanimously passed the Finance lowing these clinical guidelines they we won’t sit here and talk about proc- Committee and is now on the legisla- know and trust or getting paid. These ess. tive calendar under general orders. decisions will be especially hard for This bill has been through every Even better, it has strong bipartisan doctors who serve high-risk women, piece of process there is. Let us come support. Both the majority leader and given the fact postpartum care is even together in a partisan way and move minority leader have cosponsored it. more critical for women who have pre- forward at least this piece of legisla- That is because the idea of ensuring a existing medical conditions such as di- tion that will make a difference in not healthy start in life is a sound policy, abetes or hypertension—any of these. only a child’s life, a woman’s life, an it is good fiscal policy, and it is not a Under the President’s order, these entire family’s life, a community’s life, partisan issue. I have no earthly idea women wouldn’t get care. They could but in this Nation’s success. why we are trying to make it one. If we only care for the unborn fetus they are I yield the floor. really care about life, the Senate needs carrying. It makes no sense whatsoever The ACTING PRESIDENT pro tem- to pass this commonsense bill. that the pregnant woman could not pore. The Senator from Louisiana. I want to make an important point even get the care she needed, and the Ms. LANDRIEU. Mr. President, I un- about the necessity of S. 724 in light of doctor, if giving it ethically, cannot derstand several of my colleagues have the administration’s regulation that even be reimbursed. come to the floor to speak in favor of provides CHIP coverage to unborn This bill does not overturn the ad- this piece of legislation Senator LIN- fetuses. This regulation fails to cover ministration’s regulation. It simply COLN is championing so well and appro- the full range of medical services need- complements it. It makes the regula- priately. I rise to take a moment to ed by a woman during and after preg- tion better. It clarifies that doctors add my words of support for this very nancy. Simply put, it flies in the face will get reimbursed for the clinical important measure. of the Guidelines for Prenatal Care care they provide, and it will ensure I understand the Senator from Mis- Fourth Edition, established by the pregnant women get the full scope of souri will be following me, if possible. American College of Obstetricians and medical care they need. Last year in Louisiana, there were Gynecologists and the American Acad- S. 724 is supported by 25 national or- about 67,000 children born. If you think emy of Pediatrics, guidelines that are ganizations, including the American about a medium-sized town, that is used by doctors all across our country. Academy of Pediatrics, the American like a medium-sized town born every Under the regulation, doctors will College of Obstetricians and Gyne- year. not be reimbursed for providing care cologists, and the March of Dimes. The ACTING PRESIDENT pro tem- they are ethically obligated to provide. Each of these organizations has ex- pore. The time of the majority has ex- In the modern practice of obstetrics, pressed serious concern with the ad- pired. postpartum care is absolutely a critical ministration’s regulation, and believes Ms. LANDRIEU. Mr. President, I ask part of the overall care and the treat- this bill is better. unanimous consent for 2 minutes. ment the women receive prenatally and I ask unanimous consent that a com- Mr. REID. Mr. President, that is fine, during labor and delivery. Postpartum plete list of the organizations be print- as long as the minority gets an extra 2 care is essential for any of us who have ed in the RECORD. minutes. gone through pregnancies and who There being no objection, the mate- Mr. BOND. Reserving the right to ob- have been so blessed to have had good rial was ordered to be printed in the ject, I did not hear that. prenatal care, who have seen what it RECORD, as follows: Mr. REID. I said as long as the mi- can do in the delivery room, by pro- Organizations supporting S. 24: nority gets an extra 2 minutes. viding the ability to go through a American Association of University Affili- Mr. BOND. I appreciate that. healthy delivery, and then, when you ated Programs; The ACTING PRESIDENT pro tem- come out of that delivery, to be blessed American Academy of Pediatrics; pore. Without objection, it is so or- and fortunate enough to go home with- American College of Nurse Midwives; dered. in 2 days with your children because American College of Obstetricians & Gyne- Ms. LANDRIEU. Mr. President, 67,000 cologists; babies were born in Louisiana last you have had good care. It is so com- American College of Osteopathic Pediatri- mon sense. cians; year. It would be most certainly in the It is so positive for everybody con- American Hospital Association; interest not only of those particular cerned: The taxpayers who may be pay- American Medical Association; children and those particular families ing the tax bill or the medical bills, for American Osteopathic Association; but the community that reaches out, the individual who wants to get off to American Public Health Association; in the broader sense, to the people of the right start, the mother who wants Association of Women’s Health, Obstetric our Nation to make sure those new ba- to get off to the right start, the child and Neonatal Nurses; bies, and their moms who are deliv- Association of Maternal and Child Health ering them, are coming into the world who needs to get off to a healthy start. Programs; We have learned so much about early Catholic Health Association; in the healthiest way possible. Not development in children and what it Council of Women’s & Infants’ Specialty only does that help us across the board means later on in life in their ability Hospitals; in health issues, it helps us because to succeed and learn, how critical it is Easter Seals; then we are better able to educate they not be in that neonatal unit, but Family Voices; those children because they have been that they can be born healthy, and Greater New York Hospital Association; born in a healthy manner, we are more March of Dimes; able to reach out and prevent all sorts they can all go home together to start National Association of Children’s Hos- that life off correctly. pitals; of illnesses and diseases and mental We have an opportunity to make a National Association of Public Hospitals & health problems, and save the tax- difference in each and every newborn Health Systems; payers of this country billions of dol- life. There is no excuse that we should National Women’s Health Network; lars.

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10062 CONGRESSIONAL RECORD — SENATE October 8, 2002 So the Senator from Arkansas is so State option and is justified only if the Moreover, low birth weight and pre- right. The rule proposed in the House health of the child is affected. On the term births are one of the most expen- falls short. Let us pass this bill that other hand, anaesthesia is covered for sive reasons for a hospital stay in the encompasses the health of children and Caesarean sections. The rule would United States with hospital charges their mothers and give them the pre- wrongly push women and providers to- averaging $50,000—an especially serious natal care they need to get these chil- ward performing more C-sections to en- financial issue for families without dren born healthy for their own benefit sure coverage for epidurals—a choice health insurance. and for the benefit of the taxpayers in which is more expensive and, in most A report by the IOM entitled Health our Nation. cases, a much harder road to recovery is a Family Matter notes, ‘‘Infants of I thank the Senator from Missouri for the mother. uninsured women are more likely to for his strong leadership on this issue Finally, after delivery, women would die than are those of insured women. In as well. be denied all health coverage from the one region of West Virginia, the fetal I yield the floor. moment the child is born. Important death rate dropped from 35.4 to 7.0 per The PRESIDING OFFICER (Ms. LAN- care and treatment, including the 1,000 live births after introduction of a DRIEU). The Senator from Missouri is treatment of hemorrhage, infection, prenatal care program for the unin- recognized. episiotomy repair, C-section repair, sured.’’ Mr. BOND. Mr. President, I thank my and the treatment of complications In addition to ensuring better health outcomes, research and state experi- colleagues for giving me the oppor- after delivery would not be covered. tunity to rise today in support of the This bill will work hand in hand with ence suggests that covering pregnant unanimous consent request to consider the administration’s rule by giving women is a highly successful outreach mechanism for enrolling children. and pass S. 724, the Mothers and States the flexibility and option to I thank Senator BINGAMAN for his Newborns Health Insurance Act of 2001. treat the mother and child together leadership in the Finance Committee I believe the bill is essential to the and provide the full range of necessary on this issue. With his help, this bill health care of children and pregnant prenatal, delivery, and postpartum passed the Finance Committee in the women in America. Thus, I am proud care—care which is essential to the beginning of August by unanimous con- to be an original sponsor of the legisla- health and well-being of both the sent. tion with Senator BREAUX and Senator mother and the baby. Madam President, studies have COLLINS. No health care program that ignores shown time and time again that babies The goal of the legislation is quite this fact can fully address the issue of born to mothers receiving late or no simple: To make sure more pregnant children’s health care. This bill will prenatal care are more likely to face women and more children are covered eliminate the illogical disconnect be- complications—which results in hos- by health insurance so they have ac- tween pregnant women and babies. pitalization, expensive medical treat- cess to the health care services they This bill has strong bipartisan sup- ments and ultimately increased costs need to be healthy. port in both the Senate and the House, to public programs. We must close the This legislation would simply give as well as the endorsement of the Na- gap in coverage between pregnant the States the option and flexibility to tional Governors Association and 25 mothers and their children to improve cover low-income pregnant women in other national organizations, including the health of both and to address more the State Children’s Health Insurance the March of Dimes, American Acad- fully the issue of children’s healthcare. program, which we call SCHIP, for the emy of Pediatrics, American Public This is crucial legislation, and urge full range of necessary prenatal, deliv- Health Association, National Associa- my colleagues to join me in support of ery, and postpartum care. tion of Children’s Hospitals, American it so that we can pass this bill. Let me reiterate, this is a choice for College of Obstetricians and Gyne- I yield the floor. the States, should they choose to exer- cologists, and the Catholic Health As- Mrs. FEINSTEIN. Mr. President, I cise it. No State, under this bill, is re- sociation. rise today to voice my support for im- quired, or forced, to expand coverage to In addition, Secretary Thompson, in mediate passage of the Mothers and additional pregnant women. This bill the past, has voiced his strong support Newborns Health Insurance Act of 2001, merely provides States the option. for this legislation. as reported by the Senate Finance This bill will complement the admin- In fact, in a January 31, 2002, press Committee in July. istration’s final rule that allows States release on the administration’s rule, This important legislation would to expand SCHIP coverage to an ‘‘un- Secretary Thompson congratulated simply give States the option to pro- born child’’ by covering additional Senators for ‘‘bipartisan leadership in vide health insurance coverage to preg- vital health care services for the preg- supporting S. 724, a bill that would nant women under the State Children’s nant mother that the rule, unfortu- allow States to provide prenatal cov- Health Insurance Program. Such cov- nately, does not cover. erage for low-income women through erage would include the full range of care, both during pregnancy and The rule attempts to treat the un- the SCHIP program.’’ He went on to born child without treating the moth- postpartum. say, ‘‘We support this legislative effort This means that a pregnant women er. This approach is in direct conflict in Congress.’’ would have access to epidurals during with the clinical guidelines set forth by All women need prenatal care. Young the birthing process and any health-re- the American College of Obstetricians or old, first baby or fifth, all mothers- lated services necessary postpartum. It and Gynecologists and the American to-be benefit from regular care during also means that a pregnant women who Academy of Pediatrics, which state a pregnancy. has other health conditions, such as di- pregnant woman and the ‘‘unborn Studies have shown that an unin- abetes or high blood pressure, would be child’’ must be treated together. It cer- sured pregnant woman is much less able to receive treatment for such dis- tainly makes common sense to a likely to get critical prenatal care that orders. Even life saving surgery for a layperson, but there is a professional reduces the risk of health problems for pregnant woman appears to be not cov- opinion that the two cannot be treated both the woman and the child. Babies ered under the propose rule. separately. whose mothers receive no prenatal care Keeping the mother healthy is not It is simply counterintuitive to deny or late prenatal care are at-risk for only in her best interest, but clearly in coverage for disease management, med- many health problems, including birth the best interest of the child. Providing ical emergencies, accidents, broken defects, premature births, and low a mother with access to health care bones, mental illness, or surgeries for birth-weight. services could help ensure that her the mother during pregnancy. Failure We know prenatal care improves child will have the opportunity to be to treat the mother in such cir- birth outcomes and can save money. raised by a healthy mother who will cumstances will have a direct and pro- According to the National Center for hopefully live a long life. found effect on the health and develop- Health Statistics, infants born to Additionally, providing the mother ment of her unborn child. mothers who receive no prenatal care with access to health care services dur- In addition, under the rule, during or late prenatal care are nearly twice ing pregnancy could also help elimi- delivery, coverage for epidurals is a as likely to be low birth weight. nate complications during childbirth

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10063 and postpartum. This could potentially sume consideration of S.J. Res. 45, I talked to someone who was in our cut down on health care costs. which the clerk will report. Government at that time, and they Passage of this legislation is particu- The assistant legislative clerk read said the presumption was disarmament larly important since last week the ad- as follows: would occur rapidly and that inspec- ministration issued a final proposed A Joint Resolution (S.J. Res. 45) to author- tors might be necessary just to make rule that would give States the option ize the use of United States Armed Forces sure there was not, over time, an at- to provide health insurance through against Iraq. tempt to rearm. Of course, it is 11 SCHIP to a fetus. No mention is made The PRESIDING OFFICER. The Sen- years after the gulf war ended, and dis- of providing the same coverage to the ator from Connecticut is recognized. armament has never occurred. The woman carrying the fetus. Woman are Mr. LIEBERMAN. Madam President, United Nations resolutions have been completely left out of the equation. It I suggest the absence of a quorum. violated repeatedly, and ultimately the simply makes no sense to issue a regu- The PRESIDING OFFICER. The inspectors were thrown out in 1998. All lation that provides for health insur- clerk will call the roll. of this, and more, is recorded in the ance for a fetus but not the woman pre- The assistant legislative clerk pro- preamble section of the resolution we paring to give birth. In my mind, it ceeded to call the roll. will offer. makes more sense to simply expand ac- Mr. LIEBERMAN. Madam President, Also recorded is the effort the Bush cess to prenatal and postpartum care. I ask unanimous consent that the order administration is making now to fi- In a country as prosperous as the for the quorum call be rescinded. nally convince the United Nations to United States, it is disturbing that we The PRESIDING OFFICER. Without act, to prove its resolutions are worth still rank 26th in the world in maternal objection, it is so ordered. more than the paper on which they are printed; that the United Nations Secu- mortality. This could all be avoided if Mr. LIEBERMAN. I thank the Chair. rity Council will act to enforce its res- we only did a better job of ensuring Madam President, in a short while, olutions, to protect the world from the that all pregnant women, regardless of on behalf of a number of colleagues, unique threat represented by Saddam their income or status, had access to particularly Senators WARNER, BAYH, Hussein, an ideology which calls on the full-range of health care services MCCAIN, and myself—and I am happy him to spread out and dominate his re- throughout the continuum of their to note the occupant of the Chair, the gion, weapons of mass destruction he pregnancy. junior Senator from Louisiana is also a has used not once but repeatedly Currently under SCHIP, only women cosponsor with us—we are going to be against the Kurdish people who are under the age of 19 are covered for offering a substitute to the pending Iraqi citizens, and against the Iranians pregnancy-related services. However, business to authorize the use of United in war and his support of terrorism. what happens to a woman who turns 20 States Armed Forces against Iraq. This is, obviously, a momentous deci- There are only seven nations in the halfway through her pregnancy? A 20- world our own State Department lists year old woman would not be able to sion. The debate has begun in this Chamber over the last few days. I have as state sponsors of terrorism. access the same services under current Iraq is one of those, and it has sup- watched a lot of it with great interest. law but would certainly need access to ported terrorist groups that have killed It has been carried on with the tone of prenatal and postpartum care to ensure Americans. This is a unique cir- seriousness and purpose the matter re- a safe pregnancy and maximize the cumstance. At different times I know quires. This debate will continue in chances of giving birth to a healthy our colleagues have asked: What about earnest over the next few days as we, child. This legislation would eliminate the other countries that are on the list each in our own way, facing our own this discrepancy. of state sponsors of terrorism? What conscience, considering our values, our States can currently apply for a about other nations that have weapons sense of history, our understanding of waiver to provide coverage to pregnant of mass destruction? What about other women. Many States have applied for the threat posed by Iraq under Saddam nations that have aggressive ambi- such a waiver. The waiver process is Hussein, will reach a conclusion. tions? Well, there are such nations, but Senators WARNER, BAYH, MCCAIN, and often burdensome and timely. Why not there is no one other nation that brings just give all States the option to pro- I have reached a conclusion in submit- as much poison and evil intent to- vide such coverage? ting the resolution. I say for the record gether and, in that sense, so threatens HHS Secretary Thompson himself this resolution is the result of an open the United States of America as Iraq. said on March 6, 2002, before the House and spirited process of discussion and This resolution, which again is the Labor-HHS Appropriations Sub- negotiation between the President of process of bipartisan and bicameral ne- committee: ‘‘And so, if you can pass the United States and Members of both gotiation with the White House, is ex- the bill, we don’t need the rule. Let’s parties in both Houses. plicit. It has taken some clauses out of pass the legislation.’’ The result is a resolution that, in its the original White House proposal and I echo Secretary Thompson’s senti- preamble, states the case against Sad- has added some others, but in its most ment. In the remaining days of Con- dam, the case of the ambitions this operative sections it says this Congress gress, let’s pass this commonsense leg- brutal dictator has to gain hegemonic of the United States authorizes the islation. It is a good investment. It will control over the Arab world and the oil President to use the Armed Forces of help protect our Nation’s pregnant there; the extraordinary acts of bru- the United States to defend the na- women by providing them with access tality he has committed himself and tional security of the United States to vital health care services, and will directed others to commit against his against the continuing threat posed by help ensure that our Nation’s children own Iraqi people; his invasions of his Iraq and enforce all relevant United are born to healthy mothers who have neighbors, Iran and Kuwait, which is Nations Security Council resolutions been given the foundation necessary to evidence, prior to the gulf war, of the regarding Iraq. lead a long and healthy life. long-held belief that he has had which There are those who ask: Why now? is fundamental to the Baath party, f What is the urgency? My own response, which he heads, of rising to dominate as the President of the United States CONCLUSION OF MORNING the region as a modern-day Saladin and declared most recently, last night, is: BUSINESS all that it contains. Why not earlier? Why not over the The PRESIDING OFFICER. Under The resolution records the allied ef- course of the last decade, when Saddam the previous order, morning business is forts in the gulf war which were trium- Hussein, to our knowledge, continued now closed. phant, and the resolutions of the to build up his weapons of mass de- f United Nations that followed there- struction and the most dangerous and after as part of the promises Saddam threatening means to deliver them on AUTHORIZATION OF THE USE OF Hussein made to end the gulf war, the targets near and far, constantly ignor- UNITED STATES ARMED FORCES most significant of which was to dis- ing and violating resolutions of the AGAINST IRAQ arm and to allow United Nations in- United Nations, growing more ominous The PRESIDING OFFICER. Under spectors in to guarantee the world that a threat to his neighbors and to the the previous order, the Senate will re- disarmament would occur. world?

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10064 CONGRESSIONAL RECORD — SENATE October 8, 2002 My answer, again, to, why now? is, decided Iraq is a danger to the United President nor the Senator from Con- why not earlier? States, we have decided that United necticut, nor I, nor the Senator from Others have said: There has been no Nations Security Council resolutions Virginia, nor the Senator from Indiana, provocation. Why are we not waiting can no longer be ignored, and we give choose the military option? We are for an attack to occur? Well, why, after you the authority, as Commander in sending young Americans into harm’s the devastation of September 11, 2001, Chief, to take it from there. way. As successful as this operation would we want to wait until an attack In closing, with that authority we may be, we will still lose some brave occurs by someone who is clearly arm- are giving the President come account- young Americans’ lives. That is the re- ing and threatening us? ability and responsibility. There are ality. That is why we avoid it at all This is not, in the classic sense, an some who have said this is a blank costs. act of preemption to authorize the check. Of course if somebody forges a As we conduct this debate, we need President to take military action check, they are held accountable, but to talk about the fact that this is not against Iraq as a last resort if all else it is not as if this is a blank check, the preferred option for the President fails. In fact, the United States of without accountability, on a bank ac- of the United States or any Member of America—and the United Nations, for count that has no limit. this body. This is the last option. We that matter—have been in a continuing With this resolution—if and when, as can make the case that it is obvious military conflict with Iraq since the I hope, it passes overwhelmingly—we that Saddam Hussein continues this gulf war began. not only give the President the author- buildup of weapons of mass destruc- We have 7,500 American military per- ity to act within the parameters of the tion, including nuclear weapons. But sonnel dispatched to the region, work- resolution, we give him a tremendous we are not the ones who are forcing ing alongside their British colleagues and awesome responsibility. It is not a this issue. The President of the United to enforce the no-fly zones, costing blank check. It is the most serious re- States in this resolution is not forcing American taxpayers more than $1 bil- sponsibility the Congress can give the the issue. It is Saddam Hussein who is lion a year. This is not safe duty. This President. As the President himself has forcing this issue. is not casual duty. These American Air made clear over the last several weeks We will, as we go through this debate Force personnel are being fired on re- on several occasions, he understands and the conversations at the United peatedly. More than 400 times this year the weight of that responsibility. But Nations Security Council, make sure alone, American and British aircraft he and we, the sponsors of this resolu- we have exhausted every possible op- have been fired on by Iraqi forces. So tion, understand if we do not authorize tion. This is a critical factor in getting this is not an act of preemption. This is him to take this action, the American the American people behind this reso- an act of response and prevention. people may suffer a far worse fate. lution and behind the President of the Others have said on this floor that It is our intention to lay this resolu- United States and behind the men and the authorization we are giving the tion down soon. I look forward to the women in the military. President of the United States is an ab- debate. My colleagues and I intend to Mr. LIEBERMAN. I thank the Sen- rogation of our constitutional respon- be in the Chamber to answer questions ator from Arizona for his question. Of sibilities and is much too broad. I re- of our colleagues about these issues. course, I agree with the Senator that spectfully disagree. It seems to me the Mr. MCCAIN. Will the Senator yield the President of the United States has Constitution and the Framers have set for a question? made it quite clear that he is asking us up attention, attention that they must Mr. LIEBERMAN. I am happy to for this authority to dispatch our re- have understood, to give us, the Mem- yield for a question. sponsibility under the Constitution to bers of Congress, the authority to de- Mr. MCCAIN. I appreciate the re- give him the power to make war if nec- clare war, to essentially authorize war, marks of my friend, their tone, and essary, but he hopes—and clearly, we but they gave one person, the Presi- particularly the content that really hope—that will not be necessary. dent of the United States, the power to lays out the parameters of this debate. I hope this is one of those cases be Commander in Chief to carry out I ask my friend from Connecticut: Did where, as someone once said, the best war. Five hundred and thirty-five the Senator have a chance to hear the way to achieve peace is to prepare for Members of Congress cannot conduct a President’s address to the Nation last war. The best way to achieve compli- war. It is our responsibility to deter- night? ance by Saddam Hussein with the mine when and under what cir- Mr. LIEBERMAN. I did. promises he made at the end of the gulf cumstances we will authorize the Com- Mr. MCCAIN. Was it clear to the Sen- war is to show that finally we are pre- mander in Chief to do that, but only ator that the President showed the pared to go to war once again to en- the President, as Commander in Chief, American people that every option is force those promises he made. can do that. being explored before a military option This Nation has been remarkably pa- This resolution we will submit in a is exercised? I ask this question be- tient. The fact is, over the last decade few moments strikes exactly the right cause I hear time and again from many or more we and the United Nations balance. It gives the President a clear Americans, who either are opposed to have tried just about every other con- and a strong mandate, but it limits it. any military intervention or have not ceivable way, short of war, to get the It limits it to a defense of the national made up their minds, that they seem Iraqis under Saddam Hussein to keep security of the United States against not to have confidence that the Presi- the promises they made and to disarm. the continuing threat posed by Iraq, dent is exercising every option. He is We have tried sanctions which have and it authorizes the President to use coming to Congress to get approval been so difficult because of the way military force, if necessary, to enforce from both Houses of Congress. We have Saddam Hussein has carried them out all relevant United Nations Security had significant debate, and we will on the Iraqi people. We have tried in- Council resolutions regarding Iraq. have significant debate. spections. We have tried the Oil for For those of us who are sponsoring We are working at the Security Food Program. We have tried limited this resolution, it is based on our con- Council level. We are making it abso- military action. None of it has worked clusion that Iraq is a threat to the se- lutely clear that tomorrow Saddam to convince this brutal dictator to ob- curity of the American people, a clear Hussein, if he did away with his weap- serve the rule of law and to keep the and present danger that, if we do not ons of mass destruction, destroyed the policies he made. stop Saddam now, we will look back on laboratory and allowed complete and In one sense, we might say this is the some terrible day, with a profound comprehensive inspections, would moment of truth for him, the challenge sense of remorse and guilt, and say probably remove the threat he now the President has given Saddam Hus- why didn’t we do it? faces. It is Saddam Hussein who has sein, and that this bipartisan resolu- Based on those conclusions, all the continued for the last 11 years. tion, which I hope and believe will evidence I have recited, and so much My question to the Senator is, Do achieve an overwhelming vote of bipar- more that has been recited on this you think the President’s speech last tisan support by our colleagues, this floor and will again be recited, this res- night went some distance in convincing resolution finally says to Saddam Hus- olution says: Mr. President, we have the American people that neither the sein: Disarm. We do not want to go to

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10065 war against you. Disarm or face war. President at that time, the father of eminently clear past efforts have The danger you represent is so great. our President today. failed, and if we are to undertake a We can only hope and pray that mes- I say to you, Senator, as the history 17th resolution, it must leave no doubt sage will be heard in Baghdad. of this institution is written, you will as to the outcome in terms of enforce- I thank my colleague for the ques- properly take your place in history. ability of carrying out that inspection. tion. I yield the floor. You showed courage then, courage The question is raised: Why now? The PRESIDING OFFICER. The Sen- now, and not politics. Let’s wait and see. ator from Virginia. Last night, we listened carefully to I say with no disrespect to those who Mr. WARNER. Madam President, I our President as he addressed the Na- raise it, but I say it for my own views, reiterate what our distinguished col- tion to provide the leadership nec- that is sort of: Give Saddam Hussein league from Connecticut has said, what essary with regard to this very serious the benefit of the doubt. I do not find my longtime friend of over 30 years, issue of Saddam Hussein and elimi- anywhere in the history of that dic- Senator MCCAIN, just said. nating his weapons of mass destruc- tator, those facts, that justify—wheth- This is the last option. What we are tion. Speaking just for myself, but I er it is the Senate, whether it is the doing in the Senate today, tomorrow, think it is shared by other Senators, House, whether it is the Congress, and when that vote comes is to vote this President has shown remarkable whether it is the President, whether it our conscience, 100 individuals, to do courage. We would not be here today in is any nation in the world—that this our very best to deter the use of force this debate, we would not be watching man is entitled to the benefit of the but to make it clear that our Constitu- the debate in the United Nations on a doubt that he will do the right thing tion has given this President and every possible 17th resolution, we would not now, tomorrow, or in the future. It is President who has preceded him, and be seeing our country focusing on this now we must act. For those who say every President who will come after, issue, had it not been for George Bush, take time and wait, then point out the authority to utilize all the assets our President, having the foresight to what is the cost of waiting; what is the of our Nation, principally the men and see the essential need for the United cost of waiting if he were to finish his women of the Armed Forces, to secure States to lead at this time. Not tomor- program. We do not know exactly what our interests and protect our people. row, not the next day, not the next is established with this nuclear pro- I have been privileged to be a Mem- month, not the next year, but now in gram. ber of this body nearly a quarter of a the effort of the free world to rid Sad- We know the courage of the Israeli century now, and if the good Lord re- dam Hussein of the weapons of mass government, I believe it was in 1981, to turns me in January, it will mark the destruction. go in and bomb that plant that was 25th year. I cannot recall any moment We owe a debt of gratitude to that then clearly manufacturing compo- when I have stood on the floor with a President, who, in clear, forthright, nents for nuclear weapons. We have greater sense of humility and pride to and often soft tones of voice, last night other bits of information from the in- be associated with three more coura- addressed the Nation with the need for spections that took place following the geous individuals than Senator LIEBER- action now. 1991 conflict that he clearly was en- MAN, Senator MCCAIN, and Senator I thank our President. It is impor- deavoring to build a nuclear weapon. BAYH, as we, the four horsemen, work tant, in my judgment, and, I think, More evidence is coming in he is con- to direct and guide a resolution which that of the three of my cosponsors, tinuing to acquire the raw material, the four of us put together with the as- that the Congress and the President the parts, and the other pieces that are sistance of the President, through his speak with one voice on behalf of this essential to build a nuclear weapon. So surrogates, and the leadership of the Nation—one voice. It is my fervent there is no doubt he is propelling his Senate on both sides of the aisle. It is hope this body will adopt this resolu- nation forward to acquire it. What our best effort to provide leadership to tion, the House of Representatives will would be the status of the states in the this body which we do so, the four of adopt the identical language which is Middle East, indeed our own Nation, or us, with a great sense of humility. before the House at this moment, and other parts of the world, if this man, There is not a day in the life of those there be no air, no daylight, no dis- given his past and his proclivity to use who serve in the Senate when politics tance perceived by anyone between the poison gas against his own people, to is not raised. It has been raised with Congress and the President—arm in behead those in his own nation who regard to this issue. When Senator arm, leading the world towards a solu- have the courage to disagree with MCCAIN and I approached Senator LIE- tion to this problem. him—what is the cost of waiting? BERMAN in the past few weeks about his The President, time and time again, I say most respectfully to those who interest, Senator LIEBERMAN stood up made tireless efforts, engaging heads of want to wait and see and give him the and said, I want to be counted from the state and governments throughout the benefit of the doubt, do explain what is very first. world to join. Now is the time. the cost if we wait until he acquires I remember so well in 1990 and 1991 We will be visited today by the Sec- not only a nuclear capability but fur- when I was privileged to work with retary of State, who has courageously ther builds upon the stockpile of weap- Senator Dole, Senator MCCAIN, and worked on behalf of the President, with ons of mass destruction in terms of bio- many others, Senator Dole said: Let us the nations at the United Nations, in logical and chemical weapons. find a partner for the 1991 resolution. framing a resolution which leaves no This is what the President said last This great Senator from Connecticut doubt in the mind of anyone that this night, very clearly. I would like to read had just joined the Armed Services Nation and other nations are together it: Committee. He was, if I may say, a for an inspection regime. It will not be freshman Senator. I said to our leader- like the previous regimes but will have Approving this resolution does not mean that military action is imminent or unavoid- ship on this side: I think there is our clear directions clearly showing Sad- able. The resolution will tell the United Na- man. And the Senator proved to be just dam Hussein now is the time for co- tions, and all nations, that America speaks that man. operation, not for thwarting the efforts with one voice and it is determined to make The resolution that the Senator and I of the team. Should this resolution be the demands of the civilized world mean and others drew up in 1991 provided the adopted and should they go in, and that something. basis for one of the great debates in is yet to be determined, clearly, the en- Congress will also be sending a message to contemporary times in the Senate, 3 forceability of their task is with the the dictator in Iraq that his only . . . choice days and 3 nights, culminating in a his- commitment of the member nations of is full compliance, and the time remaining for that choice is limited. toric bipartisan vote. By a mere mar- the union. gin of only five votes did the Senate More will be said following the four I think that is the persuasive case of pass and adopt that resolution which of us as we speak about that resolu- why not and not wait for the future. gave the President the support of the tion. Right now it is being debated The President went on to say: Senate to follow through with his con- largely behind closed doors. But we Some have argued we should wait, and stitutional responsibilities. That was know enough that our President and that’s an option. George Bush, we call him ‘‘old 41,’’ our Secretary of State have made it He acknowledged that is a option.

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10066 CONGRESSIONAL RECORD — SENATE October 8, 2002 In my view, it’s the riskiest of all options, destruction Saddam Hussein has, and waiting to speak, but I want to just because the longer we wait, the stronger and particularly these programs of chem- very briefly say to you again what you bolder Saddam Hussein will become. . . . ical and biological weapons. know—and I hope to put some testi- As Americans, we want peace. We work I know the Senator has spent some and sacrifice for peace. But there can be no mony into the RECORD—about the dev- peace if our security depends on the will and time considering, and I wonder if you astating biological weapons that Sad- whims of a ruthless and aggressive dictator. might, to the extent you are able to, dam possesses, some for which we do I’m not willing to stake one American life on discuss matters in an open session as not have an effective cure or have an trusting Saddam Hussein. to some of the concerns that I know effective response. The American people understand you and I share about the programs I hesitate to even say this, but I that. They understand that, and I that Saddam Hussein’s Iraq has now to think to show the seriousness of what think they will receive with gratitude develop not just ballistic missiles to we are about, I know there has been a the action of this body, as we will pass carry biological and chemical weapons lot of discussion: Does Saddam have this resolution most assuredly in the but unmanned aerial vehicles, some of nuclear weapons? How soon will he days to come. which are quite small and potentially have them? Will it be 10 years or 1 year Last, I will talk about one aspect of could threaten not only Saddam’s or 5 years? the weapons of mass destruction pro- neighbors there in the region but po- But does the Senator agree with me gram in response to those who say, tentially could threaten us, the Amer- that the biological weapons capacity What’s new? The four of us follow in- ican people, here in the continental Saddam has now, if delivered by an un- telligence very carefully because of our United States. manned aerial vehicle, could do far respective assignments. But I did not The PRESIDING OFFICER. The time more damage—I am talking about realize until it is now in open lit- of the Senator from Virginia has ex- death to people—than the kind of erature Saddam Hussein had pro- pired. Under the order, it was 15 min- primitive nuclear weapon he might gressed in his biological infrastructure utes. have in a year at best, 5 years, 10 to the point where he now has his Mr. WARNER. Madam President, I years? plants on truck beds: One, two, three, ask unanimous consent to extend my In other words, the danger is here. It four trucks—just like the ones you see remarks for 5 minutes. is clear and present, and it is now. every day on the highways of the The PRESIDING OFFICER. Without Mr. WARNER. Madam President, the United States—that can be brought to- objection, it is so ordered. Senator is so correct in his views. We gether at, I suppose, any number of Mr. WARNER. I say to the Senator, know not what he might be able to places to manufacture biological mate- you and I, on the Armed Services Com- build. Frankly, we do not know a great rial. It can be containerized in small mittee—as a matter of fact, several deal about what he has today by way of vials. Obviously it can be transported, years ago, when I was privileged to be nuclear capacity. The best knowledge given it is manufactured as trucks chairman of that committee—initiated that is in the open is that he does not move about. a program among all our U.S. services have a finished weapon, but we do not As our President said very carefully to move more in the direction of un- know whether it is 6 months, 6 years, last night, that can be placed in the manned vehicles—aircraft, vehicles on or what time it may be. hands of terrorists, the international the ground, and in every other way— But that might be a single weapon or organizations of terror, and trans- recognizing the tremendous advantages maybe two, whereas the biological, in ported to the United States through to that. small containers, can be multiplied 100 our open borders of freedom. Those The Chairman of the Joint Chiefs of times over in 100 different locations. small vials can be released upon com- Staff, General Myers, as well as others, Therefore, the tragic death and injury munities large and small, and wreak recently has said that he is pursuing to Americans or others—as a matter of havoc and devastation. that program unrelentingly to fact, we keep focusing on this Nation. We have seen that on 9/11, a year ago, encapsule in small, sometimes large, There are other nations that stand at we are no longer protected by these unmanned aircraft—just point them in peril to this dictator. great oceans, by the friendly nations— a direction and away they go. I must conclude to stay within the to the north, Canada, and our friends Now, just speaking from my own allocation of time. I say to my friend, to the south. We are a vulnerable Na- knowledge, not intelligence, I say to I look forward to our further debates tion. Saddam Hussein has the capa- my good friend, there are 1,000 hobby on the floor. But I close by saying this bility either directly or indirectly to shops in America where anyone—or vote which we will cast here has to be strike us. you can go into catalogs—and you can a vote of conscience, not influenced in Mr. LIEBERMAN. Will the Senator buy model planes with a 6-foot wing any way by political considerations. yield for a question? span, and maybe it can carry only a And above all in our hearts and minds Mr. WARNER. Last sentence, and small amount. But sometimes only a will be the men and women of the then I will yield. small amount of a weapon of mass de- Armed Forces who will undoubtedly As the President said, that strike struction, if released over a community bear the burden if it is necessary to use could come and we cannot trace the or otherwise disbursed, depending on force. May God bless them. fingerprints. the winds, can bring about incredible The PRESIDING OFFICER. The Sen- We are still trying to study who devastation. ator from Connecticut. brought the anthrax against the U.S. I say to the Senator, you are so right AMENDMENT NO. 4856 Senate, the post offices—I reiterate, about that particular set of facts. I tell Mr. LIEBERMAN. Madam President, without fingerprints. you, America should be on alert. And if I may seek the indulgence of my col- I yield to my friend. we should show the support of this Con- league from Indiana for just a moment, Mr. LIEBERMAN. I thank the Sen- gress behind our President at this time I am now prepared to send, on his be- ator from Virginia. May I say first how so that we can send that message to half, on behalf of Senator WARNER and grateful I am for his kind words to- the United Nations that this 17th reso- Senator MCCAIN, the occupant of the wards this Senator. I return them in lution, if in fact it comes into being, Chair, Senator LANDRIEU, and others, a the fullness of sincerity. One of the has to be the last, the final. Hopefully resolution, an amendment in the na- great honors and pleasures of the last it will deter any use of force over and ture of a substitute for S.J. Res. 45, 14 years has been serving with you, but above what is necessary to enforce the which I ask the clerk to call up at this also getting to know you and consid- Resolution No. 17, I will call it. time, and ask that the clerk, for the ering you a friend. There is not a bet- But again, if Saddam Hussein does RECORD, read the names of the initial ter person or gentleman or anyone not cooperate on No. 17, then it has to cosponsors of the resolution. more committed as a patriot to our be made imminently clear to him that The PRESIDING OFFICER. The country than the Senator from Vir- the member nations then have no other clerk will report. ginia. I am honored once again to be recourse but to resort to the use of The assistant legislative clerk read working with him in this cause. force, hopefully collectively. as follows: I appreciate what he has just said Mr. LIEBERMAN. I thank the Sen- The Senator from Connecticut [Mr. LIE- about the programs of weapons of mass ator. Our colleague from Indiana is BERMAN] for himself, Mr. WARNER, Mr.

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10067 BAYH, Mr. MCCAIN, Ms. LANDRIEU, Mr. matters relevant to this joint resolution, in- lieve we must learn the terrible lessons MCCONNELL, Mr. MILLER, Mr. DOMENICI, Mr. cluding actions taken pursuant to the exer- from the tragedy of September 11, fore- EDWARDS, Mr. HUTCHINSON, Mr. JOHNSON, Mr. cise of authority granted in section 3 and the most among which is that we waited ALLARD, Mr. BAUCUS, Mr. HELMS, Mr. BUN- status of planning for efforts that are ex- too long to address the gathering dan- NING, and Mr. LOTT, proposes an amendment pected to be required after such actions are numbered 4856. completed, including those actions described ger in Afghanistan. If we had acted Mr. LIEBERMAN. Madam President, in section 7 of Public Law 105–338 (the Iraq sooner, perhaps—just perhaps—we I ask unanimous consent reading of the Liberation Act of 1998). could have saved 3,000 innocent lives: amendment be dispensed with. (b) To the extent that the submission of men, women, and children. We waited The PRESIDING OFFICER. Without any report described in subsection (a) coin- too long to act. Let us not make that objection, it is so ordered. cides with the submission of any other re- mistake again. The amendment is as follows: port on matters relevant to this joint resolu- Unfortunately, in dealing with Sad- tion otherwise required to be submitted to (Purpose: In the nature of a substitute) dam Hussein and the regime of Iraq, we Congress pursuant to the reporting require- are dealing with a brutal dictator who Strike all after the resolving clause and in- ments of Public Law 93–148 (the War Powers sert the following: Resolution), all such reports may be sub- understands one thing, and one thing SECTION 1. SHORT TITLE. mitted as a single consolidated report to the only: either the threat of force or the This joint resolution may be cited as the Congress. use of force. ‘‘Authorization for the Use of Military Force (c) To the extent that this information re- We have tried everything else. We Against Iraq’’. quired by section 3 of Public Law 102–1 is in- have tried economic sanctions for SEC. 2. SUPPORT FOR UNITED STATES DIPLO- cluded in the report required by this section, years, to no avail. We have tried diplo- MATIC EFFORTS. such report shall be considered as meeting The Congress of the United States supports macy for over a decade. It has availed the requirements of section 3 of Public Law us nothing. We do not have the covert the efforts by the President to— 102–1. (1) strictly enforce through the United Na- means presently to deal with this ty- tions Security Council all relevant Security Mr. LIEBERMAN. I thank the Chair rant. And so as my colleagues have in- Council resolutions applicable to Iraq and and yield the floor. dicated, there is nothing left to us to encourages him in those efforts; and Mr. REID. I suggest the absence of a defend ourselves except an ultimatum (2) obtain prompt and decisive action by quorum. to Saddam: Disarm or else. the Security Council to ensure that Iraq The PRESIDING OFFICER. The ab- For those who believe we can remove abandons its strategy of delay, evasion and sence of a quorum has been suggested. the weapons of mass destruction from noncompliance and promptly and strictly The clerk will call the roll. complies with all relevant Security Council this regime without the credible threat resolutions. The assistant legislative clerk pro- of the use of force, I regrettably must SEC. 3. AUTHORIZATION FOR USE OF UNITED ceeded to call the roll. say they are engaged in wishful think- STATES ARMED FORCES. Mr. WARNER. Madam President, I ing. It is my heartfelt conviction that (a) AUTHORIZATION.—The President is au- ask unanimous consent the order for the best and only chance we have for a thorized to use the Armed Forces of the the quorum call be rescinded. peaceful resolution to this problem, for United States as he determines to be nec- The PRESIDING OFFICER. Without him to give up these instruments of essary and appropriate in order to— objection, it is so ordered. (1) defend the national security of the mass death, is to present him with a United States against the continuing threat The Senator from Indiana. credible ultimatum that the survival of posed by Iraq; and Mr. BAYH. Thank you, Madam Presi- his regime depends upon doing so, that (2) enforce all relevant United Nations Se- dent. It is good to be with you today. I any other course of action will lead to curity Council Resolutions regarding Iraq. am reassured by your presence. And I his overthrow, and that alone will pre- (b) PRESIDENTIAL DETERMINATION.—In con- am grateful for the support of the Sen- serve the peace, the safety, and the se- nection with the exercise of the authority ator from Louisiana for our resolution. curity of our country. granted in subsection (a) to use force the It is an honor and privilege for me to President shall, prior to such exercise or as I believe this course presents us with soon there after as may be feasible, but not join today with my distinguished col- the best opportunity to rally our allies later than 48 hours after exercising such au- leagues, Senator WARNER, Senator and convince the United Nations to act thority, make available to the Speaker of MCCAIN, and my good friend, Senator with us. We should make every effort— the House of Representatives and the Presi- LIEBERMAN, in support of this resolu- as Senator MCCAIN indicated in his col- dent pro tempore of the Senate his deter- tion granting the President of the loquy with Senator LIEBERMAN and as mination that— United States the authority to defend the President indicated last night—to (1) reliance by the United States on further our country. diplomatic or other peaceful means alone ei- convince the United Nations and our ther (A) will not adequately protect the na- Madam President, I support this res- allies of the justice of our cause. We tional security of the United States against olution not because I favor a resort to are stronger when we act together, so the continuing threat posed by Iraq or (B) is war but because I believe this resolu- we must seek a consensus for this not likely to lead to enforcement of all rel- tion gives our country the best chance course of action. evant United Nations Security Council reso- to maintain peace. Unfortunately, the United Nations lutions regarding Iraq; and I support this resolution not because has a long history of equivocation (2) acting pursuant to this resolution is I favor America acting unilaterally, when it comes to taking difficult steps consistent with the United States and other unless we must, but because I believe to enforce even its own resolutions. countries continuing to take the necessary actions against international terrorists and this resolution gives us the best oppor- Our allies, as much as we cherish their terrorist organizations, including those na- tunity to rally our allies and convince support, also have a mixed record in tions, organizations or persons who planned, the United Nations to act with us, and this regard. Need I remind the Senate authorized, committed or aided the terror- in so doing give that international in- that for too long we waited while geno- ists attacks that occurred on September 11, stitution meaning for the resolutions cide was perpetrated on the very door- 2001. that it adopts. step of Europe in Bosnia and Kosovo? (c) WAR POWERS RESOLUTION REQUIRE- I favor this resolution because in a It was only when the United States of MENTS.— world where we have rogue regimes (1) SPECIFIC STATUTORY AUTHORIZATION.— America demonstrated a willingness to Consistent with section 8(a)(1) of the War possessing weapons of mass death, and take action to bring that lamentable Powers Resolution, the Congress declares suicidal terrorists who are all too eager chapter to a conclusion that the United that this section is intended to constitute to use them against us, weapons of that Nations and our allies demonstrated specific statutory authorization within the nature in the hands of a regime such as the will to act with us. meaning of section 5(b) of the War Powers Saddam Hussein’s represents an unac- It is only through strong leadership, Resolution. ceptable risk to the safety and well- leadership by the United States, that (2) APPLICABILITY OF OTHER REQUIRE- being of the American people. we will preserve the peace, rally our al- MENTS.—Nothing in this resolution super- As much as I wish we could ignore lies, and convince the United Nations sedes any requirement of the War Powers Resolution. this threat, it is my heartfelt convic- to enforce its own resolutions. If these SEC. 4. REPORTS TO CONGRESS. tion that in all conscience we cannot. efforts avail us not, it is my heartfelt (a) The President shall, at least once every Finally, along with my colleagues, I conviction that weapons of mass death 60 days, submit to the Congress a report on support this resolution because I be- in the hands of a brutal dictator such

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10068 CONGRESSIONAL RECORD — SENATE October 8, 2002 as Saddam Hussein, combined with the City. The consequences were cata- best opportunity to garner U.N. sup- presence of suicidal terrorist organiza- strophic: Tens of thousands of deaths, port and to rally our allies to our side. tions that would all too eagerly use hundreds of thousands of illnesses; civil We support this resolution because these instruments of mass destruction law broke down. These are the kinds of we believe that the lesson learned, very against us, represent an unacceptable consequences that would be all too real painfully and so tragically by our risk for the safety and well-being of the were we to stay our hand. country on September 11 of last year, American people. I remind my colleagues that in a is that we wait in an era of mass terror I hope Saddam will do the right world of imperfect intelligence—and at our peril. We were mistaken then; thing. I pray that he will do the right there will always be imperfect intel- let us not be mistaken again. Let us thing and give up these weapons of ligence—if we wait, we run the very act to protect our country and, in so mass destruction. Regrettably, based real risk of having waited too long. We doing, discharge our constitutional upon the track record of his past be- have seen the kind of tragedy to which duty. It is my privilege and honor to do havior, I believe he probably will not. that can lead. so in such esteemed company. Weapons of mass destruction rep- I ask all of us to consider, if this de- I yield the floor. resent an indispensable part of his bate had been conducted 2 years ago Mr. MCCAIN. Will the Senator yield power. Saddam Hussein is a megaloma- and my colleagues and I had laid a res- for a question? niac who has attempted to project that olution upon this desk that said, there Mr. BAYH. Yes. power around the region. As we all is danger brewing in Afghanistan, it Mr. MCCAIN. The Senator from Indi- know, he invaded Kuwait. He has in- threatens the United States of Amer- ana indicated to me when we had dis- vaded Iran. He has launched missiles at ica, we need to take it seriously, and cussions about this resolution, intro- Saudi Arabia and Israel. He has killed we must act before it is too late, all of duced by Senator LIEBERMAN, Senator hundreds of thousands, including tens the arguments that are being made WARNER, the Senator, and myself, of thousands of his fellow citizens. against the current resolution would about the fact that in his home State I ask my colleagues to anticipate a also have been made at that time. As there is great concern about going to world in which we do not act. What we now know, the arguments have all war. In fact, he mentioned to me that will Saddam do? Can there be much been mistaken. They are mistaken was the majority of calls and commu- doubt that he will attempt to develop today as well. nications he had with the people of In- the ability to deter our future action To those who say the threat is not diana, which he was privileged to serve by threatening us with the use of weap- imminent, after 9/11, how long can we as Governor as well as a Senator. In ons of mass destruction? I believe there afford to wait? To those who say re- other words, the Senator has a fairly is not. If he cannot develop this deter- gime change is not an appropriate rea- good finger on the pulse of the people rent on his own, I believe there is little son for acting, I say weapons of mass he represents. That skepticism was doubt he will reach out to al-Qaida or destruction and the regime of Saddam based on what concerns and what led Hezbollah or other international insti- Hussein are one and indivisible. To re- the Senator from Indiana to conclude tutions of terrorism to develop a deter- move weapons of mass destruction, we that it was important for him not only rent to threaten us, with unacceptable must remove that regime. To think to support this resolution but play a consequences, if in the future we decide anything else is to delude ourselves. role as a major sponsor of this legisla- to restrain his aggressive actions. For those who believe the United Na- tion. I think it is important for the If there is only a 10-percent chance or tions’ approval is necessary for our ac- people of this Nation and our col- a 15-percent chance that weapons of tion, I say it is preferential but we can- leagues to understand that, since his mass death will find their way from not afford to give that great body veto State is part of the heartland of Amer- Iraq into the hands of suicidal terror- power on America’s right to defend ica, as is Arizona. Many people feel ists, I believe this is a risk to the itself. To those who say we need allied otherwise. American people that we cannot afford support, I agree. But this is an argu- I am very interested in hearing what to run. ment of the chicken and the egg. It is the Senator from Indiana has viewed as The world changed forever on Sep- only with American leadership and the factors leading him to play such a tember 11. The principal lesson of that taking a strong hand in this instance visible, as well as important, role in tragedy is that America waited too that we will receive the kind of united this resolution. long to address the gathering danger in allied support we seek. Mr. BAYH. I thank my colleague. Afghanistan. We must not make that To those who ask the question, What Our State is known as the crossroads of mistake again. will we do after our victory? I say that America. With my colleagues’ States, I To those who say, what is the rush? is a good question, but can the regime believe we represent the common sense why can’t we wait? I respond by asking in Iraq be worse? I think not. We could and wisdom of the American people. the question: How long must we wait? begin to rebuild that country in a way On my visits home, and in commu- Until the missiles have been launched? that would provide a positive example nications from constituents, there has Until smallpox, anthrax, or VX nerve to the people of that region about the been an expression of concern about agent has found its way into our coun- principles and the ideals upon which our present set of circumstances. I try? Is that how long we should wait? America stands. must say to my friend that it is a con- The consequences of error in this in- Our eventual victory in the war cern that I share. stance are much too great. The deaths against terror will be won as much by I did not come easily to the conclu- next time might not be numbered in the values and the principles we em- sion that we have collectively reached. the threes of thousands but 30,000 or brace and advocate as by the force of There is reluctance in my heart, as I 300,000. our arms. This gives us an opportunity know there is in the other Senators’, to To respond to the question of my to put those principles and values into contemplate the use of force. But I friend from Connecticut, in all likeli- action. reached the conclusion that we were hood Saddam Hussein possesses small- To those who say we must exhaust simply left with no other credible al- pox. We are not sure whether he has all of our alternatives before acting, I ternative to protect the safety and weaponized it yet. There is a 50/50 prop- simply say that we already have. In well-being of the American people. osition. But if he has and if that would conclusion, let me summarize by say- As you indicated in your colloquy find its way into our country, which ing this: I and my colleagues support with Senator LIEBERMAN, and as I indi- would not be too difficult to accom- this resolution not because we desire cated in my own remarks, and the plish, the consequences would be cata- war but because it is our heartfelt con- President spoke to last evening, I hope strophic. viction that this is the best and only beyond anything else that this does not We conducted a simulated exercise of path to preserve the peace. My col- come to war; that the use of force will a smallpox attack—I believe it was leagues and I support this resolution not be necessary. But I also believe called Dark Winter—simulating a not because we favor the U.S. acting that the best chance to achieve that smallpox outbreak put into a ventila- alone, but because we know that, by outcome is the credible threat of the tion system in a mall in Oklahoma taking a strong stand, it gives us the use of force. Saddam Hussein responds

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10069 to nothing else. If he does not disarm unilateral action, perhaps without ex- The retention of weapons of mass destruc- voluntarily—as I hope he will, and we hausting every other alternative. I do tion capabilities is self-evidently the core all pray he will—I have also concluded not believe that to be true. We have objective of the [Iraqi] regime, for it has sac- that his possession of weapons of mass begun to correct that. I should com- rificed all other domestic and foreign policy goals to this singular aim. death, and the real likelihood that he pliment my colleague from the State of will develop the capability for using Indiana, Senator LUGAR, who played an The question facing all of us in this them against us to deter us from re- important role in convincing the ad- body is whether Saddam Hussein’s ag- straining him at some future point, or ministration to reach out and pursue gressive weapons development in defi- the risk of those weapons—nuclear, bi- other alternatives with the U.N. and ance of this gulf war cease-fire in the ological, chemical weapons—falling our allies. decade of U.N. Security Council resolu- into the hands of suicidal terrorists The Senator from Arizona has raised tions can stand when the cost of inac- represent too great a risk to our coun- two very good points. When I go home, tion against this gathering threat try. people say to me: We understand the could be intolerably high. As I tried to outline in my remarks, danger and we wish it didn’t have to I am proud to join Senators LIEBER- I believe the principal lesson—and I come to war. MAN, WARNER, and BAYH in laying down asked this question to the head of the That is a reluctance that I share. My our amendment providing the Presi- CIA: What is the principal lesson we response would be, looking at the bru- dent the necessary authority to defend learned from 9/11? tal nature of his regime, and Saddam the national security of the United He responded directly and said the Hussein’s history, I believe the best States against the continuing threat principal lesson was that we waited too chance to remove the weapons, without posed by Iraq and enforce all relevant long to address the gathering threat in coming to war, is to present him with U.N. Security Council resolutions Afghanistan. a credible ultimatum. That is what we against Saddam Hussein’s regime. So I am convinced we should act are doing here. People also say: Senator, we wish we I welcome this debate. I am confident sooner rather than later to defend our it will result in a resounding vote of country because we have seen the ter- were not in it alone, and that we had the U.N. with us and more allies with support for the President as he moves rible consequences that can result. For us. to confront the threat we face in Iraq. all those reasons, I have reached the As my colleague knows—and I think I also believe it will be a powerful sig- conclusion that this resolution is nec- we share this belief—my strong convic- nal to the world that the American essary. tion is that our best chance to gather people are united in their determina- Mr. MCCAIN. Will the Senator yield that support is through strong Amer- tion to meet and to end this menace. for one further question? ican leadership. Only then will the U.N. Our diplomacy at the United Nations Mr. BAYH. Yes. and our allies rally to our side, when will benefit from a strong and bipar- Mr. MCCAIN. I have one additional we show our own determination. tisan congressional vote in favor of question for the Senator from Indiana. So the best chance for a peaceful out- this resolution. Our enemies will un- He mentioned, as the Senator from come, the best chance for a united derstand that we are united in our re- Connecticut has and as the Senator front with our allies and with the im- solve to confront the danger posed by a from Virginia has, there is great con- primatur of the U.N., I believe, is by dictator whose possession of the worst cern about this issue amongst our con- giving a strong hand to the President weapons and systematic defiance of stituents. Yet I have found in commu- to present Saddam Hussein with no al- every norm the civilized world holds nications with the people of my State, ternative; and when I have a chance to dear threaten all who value freedom both directly and from being on talk relay that to the people of Indiana, and law. shows and in speeches and things such they understand. Congress has already spoken on this as that, that the reassurance given to Nobody wants war, but they under- matter. On August 14, 1998, President them that we are taking every possible stand this is the best avenue to avoid Clinton signed into law Senate Joint action by going to the Congress of the that, while also ensuring the security Resolution 54 which declared that ‘‘the United States and having this debate of our country. Government of Iraq is in material and on the resolution of approval, which Mr. MCCAIN. Madam President, I unacceptable breach of its inter- represents the people of this country in thank the Senator from Indiana. national obligations’’ and urged the both bodies, by going to the Security One of the reasons why I return to President ‘‘to take appropriate action, Council and getting a very important this particular aspect of this issue is, in accordance with the Constitution resolution through the Security Coun- as the Senator from Virginia knows and relative laws of the United States, cil—which has not been achieved yet, well, or better than I—and others do, to bring Iraq into compliance with its but I think is part of the very impor- too—we once embarked into a conflict international obligations.’’ tant part of the process we are going that the American people were not well through—I find that people are far informed on and, over time, they did On October 31, 1998, then-President more comforted and feel much more not support. I believe this debate is im- Clinton signed into law the Iraq Lib- supportive in a realization that this is portant. I respect and admire the views eration Act which stated: the last option and not the first option. of those who disagree with this resolu- It should be the policy of the United States Perhaps some months ago the im- tion, but we will not enter this conflict to support efforts to remove the regime pression was created that this was the without it being fully understood by headed by Saddam Hussein from power in first option the President wanted to the American people, as to what is at Iraq and to promote the emergence of a do- stake and why we are doing it. That is mestic government to replace that regime. pursue when, clearly, I think he has why I continue to go back to this issue displayed, by what he is doing and by That was October 31, 1998, the Iraq of whether our constituents will be sat- how he spoke last night, that that is Liberation Act signed into law by the isfied; that if, as a last resort, we enter not the case. Has the Senator had that President of the United States. into a conflict, it will not be because feeling? Then, as now, Democrats and Repub- they have not been informed. licans recognized the menace posed by The PRESIDING OFFICER. The Sen- Madam President: ator from Indiana has used 15 minutes. Saddam Hussein’s arsenal and his am- The retention of weapons of mass destruc- Mr. MCCAIN. I ask unanimous con- tion capabilities is self-evidently the core bitions. Unfortunately, after 4 days of sent that the Senator from Indiana objective of the [Iraqi] regime, for it has sac- bombing Iraq in Operation Desert Fox may respond to the question. rificed all other domestic and foreign policy in December 1998—4 days of bombing— The PRESIDING OFFICER. Without goals to this singular aim. the United States and the inter- objection, it is so ordered. So concludes a recent report by the national community effectively walked Mr. BAYH. Madam President, I would International Institute for Strategic away from the Iraq problem, freeing say three things to my colleague. Studies. Iraq from a weapons inspection regime First, I believe he is correct. I think I want to repeat that. The Inter- that, by that time, had become so com- there was an initial impression that national Institute for Strategic Studies promised by Saddam Hussein’s intran- our Government had a preference for said: sigence as to be completely ineffective.

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10070 CONGRESSIONAL RECORD — SENATE October 8, 2002 Nothing has taken place over the past use weapons of mass destruction to achieving only Iraq’s disarmament 4 years, even as a porous sanctions re- against all enemies, foreign and domes- and would explicitly oppose a com- gime and illicit oil revenues have en- tic. prehensive challenge to his tyrannical riched the regime. Over this time, Sad- This is not just another Arab despot, regime. I believe those who hold this dam Hussein’s threat to the world has not one of many tyrants who repress view have an obligation to explain why grown without hindrance. their people from within the confines they would constrain the President’s Regrettably, some of the very same of their countries. As New Yorker writ- authority to use military force in ways permanent members of the Security er Jeffrey Goldberg, who recently trav- he believes would tie his hands and Council whose vote for a new resolu- eled across northern Iraq, recently raise unacceptably high the threshold tion on Iraq we are now courting ac- wrote in Slate: for ordering military action to defend tively conspired against rigorous weap- There are, of course, many repugnant dic- the national security of the United ons inspections in Iraq during the tators in the world; a dozen or so in the Mid- States. 1990s, for reasons that had more to do dle East alone. But Saddam Hussein is a fig- Others will argue that Saddam Hus- with their narrow commercial interests ure of singular repugnance, and singular dan- sein can be deterred—that he is a ra- than with the world’s interest in get- ger. To review: there is no dictator in power tional actor who understands that act- ting rid of the menace posed by Sad- anywhere in the world who has, so far in his ing on his ambitions will threaten his dam Hussein’s weapons of terror. career, invaded two neighboring countries; regime. But deterrence has failed ut- The threat is not new. Saddam Hus- fired ballistic missiles at the civilians of two terly in the past. I fail to see how wait- other neighboring countries; tried to have sein has been in gross violation of the assassinated an ex-president of the United ing for some unspecified period of time, terms of the cease-fire that ended the States; harbored al Qaeda fugitives . . . ; at- allowing Saddam’s nuclear ambitions Persian Gulf war since that war’s end, tacked civilians with chemical weapons; at- to grow unchecked, will ever result in as a host of United Nations Security tacked the soldiers of an enemy with chem- a stable deterrence regime. Not only Council resolutions passed since 1991 ical weapons; conducted biological weapons would deterrence condemn the Iraqi can attest. As The Economist has writ- experiments on human subjects; committed people to more unspeakable tyranny, it ten: genocide; and . . . [weaponized] aflotoxin, a would condemn Saddam’s neighbors to tool of mass murder and nothing else. I do He has treated inspections as a continu- perpetual instability. And once Iraq’s not know how any thinking person could be- ation of the Gulf War by other means. nuclear ambitions are realized, no seri- lieve that Saddam Hussein is a run-of-the- After years of stymied efforts to en- mill dictator. No one else comes close . . . to ous person could expect the Iraqi force the inspections regime, the inter- matching his extraordinary and variegated threat to diminish. Again, the burden national community effectively sanc- record of malevolence. in this debate rests on those who be- tioned Saddam’s impunity after it be- In light of Saddam Hussein’s record lieve American policy has actually came clear he would never allow intru- of aggression, prohibited weapons de- been successful in containing the sive inspections, and once it became ployment, and consistent rejection of threat Saddam’s regime poses to the apparent to many Americans that the every international obligation imposed world. There is no greater responsibility we only way to end his defiance was to end on him, I believe the burden of proof in face as Members of this body than vot- his regime. The withering under U.N. this debate must rest on those who be- ing to place the country on a course Security Council auspices of the inter- lieve inspections could actually that could send young Americans to national inspections regime over the achieve the disarmament of Iraq, rath- war in her defense. All of us must course of a decade, and Iraq’s decision er than on those of us who are deeply weigh our consciences carefully. Al- not to even consider renewed inspec- skeptical that inspections alone could though we may hold different views of tions only under the threat of force accomplish our common goal. History how to respond to the threat posed by today, make clear that unvarnished shows that we will most likely not dis- faith in the ability of the U.N. Security Saddam Hussein’s Iraq, the very fact arm Iraq without changing the regime that we are holding this free debate, Council or a new corps of inspectors to in Baghdad—a regime whose continued disarm Saddam’s regime is misplaced. and that the fate of nations and peo- existence is predicated on possession of ples other than our own will be deter- Over the course of this debate, the weapons of mass destruction. As arms Senate will consider amendments that mined by the outcome of our actions, control experts Gary Milhollin and serves as a reminder that we are a would require Security Council author- Kelly Motz have noted: ization before the United States could great Nation, united in freedom’s de- Unless the Iraqi dictator should suddenly fense, and called once again to make act to enforce a decade of Security and totally reverse course on arms inspec- Council resolutions, and that would the world safe for freedom’s blessings tion and everything that goes with it, or be to flourish. The quality of our great- narrow the focus of American policy to forced into early retirement—in other words, Iraq’s disarmament, rather than unless Saddam Hussein’s Iraq ceases to be ness will determine the character of against the range of Saddam’s offenses Saddam Hussein’s Iraq—inspections will our response. I want to again thank my colleagues against his people and his neighbors never work. for the introduction of this resolution. and the continuing threat his regime Similarly, given the Security Coun- I think it will take place at some time itself poses to American national secu- cil’s failure to enforce its own article 7 resolutions against Iraq, which are within the next few minutes. rity. I yield the floor. These debates will be important. I be- backed by the threat of force and have The PRESIDING OFFICER. The Sen- lieve the President’s position will pre- the sanctity of international law, I be- ator from Idaho. vail. Congress cannot foresee the lieve the burden of proof in this debate Mr. CRAIG. Madam President, I am course of this conflict and should not must rest on those who can defend the proud to follow my colleague from Ari- unnecessarily constrain the options Council’s record with regard to Iraq zona, who has been an outspoken Sen- open to the President to defeat the and can convince the rest of us that ator on the issue of our relationship to threat we have identified in Saddam the Council’s judgment, rather than Iraq and to the current regime, con- Hussein. Once Congress acts on a reso- that of our Commander in Chief, should stantly questioning, appropriately so, lution, only the President will have to be the final authority on a matter that the role of Saddam Hussein and the make the choices, with American so directly affects American security. risk he presents to our country. forces likely deployed in the region to Important participants in this debate Mr. WARNER. Madam President, if carry out his orders, that will end the support the President’s determination the Senator will yield, I ask for one threat Saddam Hussein’s weapons and to use military force to bring about minute to say to my good friend, Sen- his ambitions pose to the world. Con- Iraq’s disarmament but would con- ator MCCAIN, his leadership on this gress should give the President the au- strain the President’s authority to act issue, in helping with the drafting of thority he believes he needs to protect against Iraq to uphold Security Coun- this resolution and working particu- American national security against an cil resolutions related to repression larly with Senator LIEBERMAN and Sen- often irrational dictator who has dem- within Iraq, Iraq’s support for ter- ator BAYH, has been invaluable. onstrated a history of aggression out- rorism, and other issues. This approach I wanted to get into a colloquy with side his borders and a willingness to would limit the President’s authority Senator MCCAIN, but I was drawn away

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10071 from the floor for a moment. Maybe we These acts are the tip of the iceberg of prove his weapons of mass destruction will have that colloquy a little later. a long list of violations as Saddam before he occupies and threatens for- Mr. CRAIG. Let me thank the Sen- Hussein attempts to provoke the eign countries, or worse, harms Ameri- ator from Virginia for those comments, United States and her allies. As a re- cans and American interests and Amer- and certainly thank him for his leader- sult, it is clear and evident we have a ican friends. ship on this resolution. I also appre- moral obligation to the international As a free and democratic Nation, we ciate the leadership of the Senator community to halt further threats and have a responsibility that requires a from Arizona. attacks by this dictator. Since Sep- thoughtful, open approach. As we em- I am one of those who early on in Au- tember 11, 2001, many in Congress have bark on a new path to defend this Na- gust, and into early September, spoke asked the question: Why did the events tion currently, we are, as the President with some degree of hesitation because of this day, September 11, 2001, occur? did last night and, of course, a few I thought it was important what is And more importantly, how could weeks ago, addressing the United Na- happening today happen; that our these tragedies have been prevented? tions, consulting with Congress and country become fully engaged in this Let me say that again. Many Sen- now working with and having had the debate; and that the President make ators, and I am one of them, have resolution just presented to the Con- his case before the world and before the asked how September 11 could have gress, forced or helped produce the de- American people. That has happened. been prevented. bate in the Senate. It is evident by this As we know, for more than a decade As the goal of congressional inves- process and by the steps taken, any de- Saddam Hussein has defied the inter- tigations into our intelligence commu- cision we make will not be in haste. I national community, flagrantly ignor- nities is aimed at preventing these in- am confident the manner in which our ing and violating dozens of U.N. resolu- cidents in the future, so, too, is the op- citizens will be informed will set a new tions. Today, intelligence has produced portunity before us to prevent attacks precedent for future Congresses and for beyond doubt that Saddam Hussein by a rogue regime. In the future, I am future administrations. continues to acquire and produce certain no Senator wants to be placed This body, this Nation, and this chemical and biological weapons. It is in the position where we will have to President are methodically weighing also very apparent this dictator con- call an investigation and ask why a the options on the table and assessing tinues his quest to develop nuclear tragedy has occurred at the hands of the threats we face. We have to include weapons. Saddam Hussein, and why it was not we want and need international sup- Last night, our President made that prevented when we knew it could hap- port. Fortunately, we currently have most important speech to the Nation. pen and we had the opportunity to do the support of some of our closest al- Much of what was spoken last night something about it. lies. I do not want to stray from work- was the reality of the risk. We should In order to avoid an ugly predica- ing with the United Nations, of course. make no mistake, the acquiring of ment, the option of prevention is in We will work with them, and we are. weapons of mass destruction by Sad- place today. Today we must ask our- Right now, Colin Powell is pursuing a dam Hussein is a very clear, imminent, selves, In the future, do we want, once new resolution out of the Security and present danger to the United again, to pose the same question that Council. At the same time, I recognize States, our allies, and to the stability has now haunted us for over a year? in the end, in the defense of this Na- of the Middle East. To do nothing in re- When the civilian population of our tion, it is the responsibility of this sponse to this buildup of weapons and country becomes the target instead of President and of this Congress to make this threat would be irresponsible on our men and women in uniform, then sure that happens. It is critically im- the part of our Nation and this body. an offensive role of foreign policy is de- portant that in the end, if you abide by We cannot sit back and wait on an ag- manded over what I believe is cur- the concept written in the book, ‘‘The gressive act of terrorism to occur and rently a defensive or a reactionary Law of Nations,’’ then we have no re- consequently be forced into a position form of foreign policy. course but to act ourselves, if we be- where we must face our fellow Ameri- Since World War II, the United lieve a failure to act would cost lives, cans and explain a horrific act that States has been the leader of the inter- put our freedoms at risk, and put our could have been prevented. It would be national world. We have made deci- citizens at risk. imprudent and irresponsible as a Sen- sions, taken calculated risks, and en- While Article 51 of the United Na- ator of the United States, who is sworn gaged ourselves where no other nation tions charter is not so clearly defined, to protect the freedoms of this great would. However, at the end of the day, we have seen in recent history preemp- Nation and to defend our fellow coun- we have always led and/or brought tive action taken by nations that were trymen. along our allies. Once again, it is now upheld by the U.N. For example, in In this new century and in a post-9/11 evident the time is here for the United 1962, President Kennedy took preemp- era, it is clear we face a new threat. States to lead. It is prudent for our al- tive measures during the Cuban missile Unfortunately, this new threat re- lies to follow. I believe most of them crisis by swiftly imposing a naval quar- quires a course of action previously not know that. antine on Cuba to halt the delivery of undertaken in order to deter this men- Had we known the events of last year offensive weapons by the Soviet Union. ace to our freedoms and to our peace. were going to occur, we would have In 1967, Israel launched preemptive at- However, we must take this new course made every effort to stop them, to save tacks on several Arab States after Iraq, to defend our Nation and our allies re- the loss of thousands of American Saudi Arabia, Jordan, and Syria began sponsibly and with assurance. Remem- lives. I am certain the people of this moving troops to the Israeli border. ber, this is a regime that ordered the Nation and this body would have called In 1991, the United States committed use of chemical weapons against its for and demanded all types of preemp- to liberate Kuwait. In 1991, the United own people; invaded two neighbors; tive actions to stop the atrocities in- States was then, as we are now, leading committed genocide against more than stead of, as we did, helplessly watching an effort. By the time the conflict in 50,000 northern Iraqis; drove 2 million them occur. We were locked in what I Iraq began, we had the support of the refugees into neighboring countries; believe was a post-cold war mindset international community to carry out launched ballistic missiles into dif- that, in part, denied the obvious and our objective. ferent countries; destroyed over 4,000 rested on the false premise it just sim- I am confident, should we decide to villages in Iraq, and on a daily basis ply could not happen in this country. use force, by the time the United fires at U.S. and coalition aircraft pa- Like previous warning signs seen States and her closest allies engage trolling the United Nations no-fly throughout history, we are again wit- Iraq, we will again have the support of zones. nessing the ominous warnings that the international community. As a matter of fact, since the year Saddam Hussein intends to threaten It is called the responsibility of lead- 2000, Iraq has fired upon U.S. and Brit- the Middle East region of the world and ership. It is recognized as the role we ish aircraft over 1,600 times. This year the United States. In light of this, I play in the world today. I say this be- alone, Iraq has fired on the United cannot sit back, in good conscience, cause the international community re- States and Great Britain 406 times. and wait for Saddam Hussein to im- alizes the evidence is clear when it

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10072 CONGRESSIONAL RECORD — SENATE October 8, 2002 comes to Saddam Hussein. In addition, very fine recitation of the facts relat- dress myself to some of the history and Saddam Hussein will once again vio- ing to the vote we will soon take. also to some of the threat today. This late U.N. resolutions, further invali- The Senator raised the important is a most interesting book that some- dating that body, and denying weapons question of the preemptive issue. That body gave me, that is most timely. It inspectors access in a way that should has been an issue on the minds of a came out very recently. I don’t know be open and complete and without any number of our colleagues. If he would the exact date. It is called ‘‘The form of restriction. allow me, I ask unanimous consent to Threatening Storm: The Case for In- I do not take this vote lightly when have printed, following my remarks, a vading Iraq.’’ It is written by Kenneth it comes, as men and women across the list of the times the Senator enumer- Pollack, who worked for the Central State of Idaho and across the country ated, the times the Presidents of the Intelligence Agency. In the period of are put in harm’s way. For those who United States, going back as far as 1990, he was one of only three who ear- have decided to wear the uniform of 1901, have initiated action preemp- lier in 1990 were advising their superi- our armed services, I want to assure tively to protect the security interests ors, and then ultimately the President the people of Idaho and the United of this country. They have done it of the United States, that an Iraqi at- States, any decision made regarding under the well-recognized inter- tack against Kuwait was imminent, it the use of force will be made with con- national law or maxim of anticipatory was going to happen. Over time, he fidence, in consultation with Congress, self-defense. worked for the National Security and with the interests of the security With the advent of high-tech now, Council under President Clinton. He is of this great Nation; foremost in all of with so many other changed factors now at the Saban Center, a think tank our minds. throughout our 215-year history of this here in Washington associated with the I believe the justification for engage- Republic and this body of the Senate, Brookings Institution. ment has been made and the option to there have to be changes. The Senator This is a most compelling piece of use force will be granted. I believe we was right on point of the need this work. It speaks history here. It talks must still have as an end game, an exit time to recognize those changes and to about the great history—the Senator strategy, a recognition of the role we understand better this doctrine of tak- from West Virginia is in the Chamber— play in a post-Saddam-Hussein Iraq, if ing preemptive action, if that is nec- the great classic history of Iraq. This, that is to occur, and I believe this essary to protect the security interests after all, is the place where the Bib- President, along with quality people he of this country. lical Garden of Eden grew, along beside I ask unanimous consent this be has placed around him, will continue to the Tigris and the Euphrates. It is the printed in the RECORD. consult with this Congress as those place where Abraham, the father of the There being no objection, the mate- strategies are developed. I am con- three great monotheistic faiths was rial was ordered to be printed in the fident we will pursue all means, as is when God called out to him and found RECORD, as follows: evident today by the efforts of this ad- his heart steadfast. Of course, in suc- Questions: Has the United States ever con- ministration. But in the end, there is ducted ‘‘preemptive’’ military operations be- ceeding times it has had great periods the most important responsibility for fore? of progress and leadership—unfortu- the Senate of the United States to Yes: Panama (Colombia)—1901; Dominican nately, not in recent times. play. That is to do what we are doing Republic—1904, 1914, 1965; Honduras—1912; But as we deal with Saddam today— here, to speak out on it, to allow the Nicaragua—1926; Lebanon—1958; Cuba (Naval those of us, including myself, who American people to know all the dif- Quarantaine)—1962; Grenada—1983; Libya— favor the resolution we have offered as ferences that occur as it comes to fac- 1986; Panama (Just Cause)—1989; Somalia— an amendment, a substitute today—we ing a most important issue like this. 1992; Sudan/Afghanistan—August 1998; Iraq tend to recite phrases about what a (Desert Fox)—December 1998; and Kosovo— I thank my colleague from Virginia March 1999. brutal dictator Saddam is, and his am- for the leadership he has demonstrated. International law recognizes a concept of bitions. He has used weapons of mass He recognizes the significance and the ‘‘anticipatory self-defense’’ if a country is destruction. I think in this debate from importance of this debate and the deci- imminently threatened. time to time we have to go back to the sion that will ultimately be made in And there are other examples—but the bot- details. the course of this week as we stand in tom line is that confronting or striking Iraq There is a brief biography, in this is not preemptive. We have been in conflict book, of Saddam, of the radical up- support of the Commander in Chief and with Iraq for twelve years and they have the President of the United States, in never complied with original terms for end- bringing he had, of the extent to which full consultation with the Congress, as ing conflict. he fell under the so-called pan-Arabist we shape a foreign policy that is a pol- Mr. CRAIG. Madam President, I influences, to create a power that icy of decades to come, in recognition thank the Senator from Virginia. would gain control over the entire that for the first time in this Nation’s I agree. This country, this Com- Arab world. I want to read one quote history, it is the citizen, not the sol- mander in Chief, and we as Senators from this book—again, ‘‘The Threat- dier, who becomes the target of the cannot be denied the right to take pre- ening Storm’’ by Kenneth Pollack: new wars. With that, a new form of for- emptive action when clear evidence in- Saddam considers himself a great man of eign policy, a new relationship, and a dicates that the citizens of our country history, someone marked to accomplish new dialog for this country has just are at risk. great deeds. In his vast personality cult he is begun. The PRESIDING OFFICER. The Sen- constantly compared with great figures of I yield the floor. Iraq’s past. ator from West Virginia. Saddam believes himself destined to be the Mr. REID. Madam President, I ask Mr. BYRD. Madam President, I see new leader of the Arabs, and he makes it ap- unanimous consent that Senator BYRD the distinguished Senator from Con- parent that this role will be a political-mili- be recognized for up to 15 minutes at necticut wanted to speak. Does he wish tary role, meaning that he will achieve his 12:15 today. to speak at this point? position through some combination of con- The PRESIDING OFFICER (Ms. STA- Mr. LIEBERMAN. I thank the Sen- quest and acclaim. Addressing a unit of the BENOW). Without objection, it is so or- ator from West Virginia. I wonder if Republican Guard, Saddam proclaimed that dered. the Senator—I know the Senator wish- the honor of the Arab nation could not be The PRESIDING OFFICER. The Sen- es to speak for more than 15 minutes— achieved unless ‘‘Iraq’s arm reached out [be- ator from West Virginia. yond Iraqi territory] to every point in the if he would allow me to speak for not Arab homeland.’’ He has worked assiduously Mr. BYRD. Did the Senator wish to more than 7 or 8 minutes now, without to make Iraq strong so that it can dominate make a remark? yielding his right to the floor there- the region militarily, acquire new territorial Mr. WARNER. I wanted to reply for 2 after. prizes, and become the champion of the minutes. Mr. BYRD. Madam President, I make Arabs. Saddam has said often and loudly Mr. BYRD. I yield, without losing my that request. that his goal is to create a new Arab union right to the floor, to the Senator from The PRESIDING OFFICER. Without of some kind, headed by a powerful Iraq, that Virginia. objection, it is so ordered. will be a new superpower. Mr. WARNER. I wish to thank our Mr. LIEBERMAN. Madam President, This is based on a thorough research colleague and compliment him on a as the debate continues, I want to ad- of Saddam’s history, of his statements,

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10073 of his actions. Why did he invade Iran Mr. WARNER. Madam President, not think that is beyond the realm of in the 1980s? Why did he invade Kuwait may I just add to my colleague’s re- possibility. in the early 1990s? It is all part of real- marks—he referred to Senator STE- I think it would be possible to de- izing this ambition. Why has he devel- VENS. He was in the Chamber a few mo- velop a resolution which might get a oped weapons of mass destruction and ments ago talking with me. We shared unanimous vote in this Senate, but it used them, as this book points out—not those days because I was of that gen- would take time. It cannot be this res- once. There was a terrible genocide at eration. olution which would be unanimous be- Halabja. But he used chemical weapons Saddam Hussein possesses, today, an cause it will not be unanimous. repeatedly, and indeed experimentally, arsenal of weapons far more dangerous My concerns about this resolution against the Kurds. Hundreds of thou- to the whole world than Hitler ever are, in the main, two—two concerns. sands of people were killed. Against the possessed. That was brought out in the Getting into further detail, I can ex- Iranians—hundreds of thousands of colloquy yesterday. I thank my col- press several concerns. But in the people killed. league. main, I would say my concerns are two I read somewhere today—elsewhere; I Mr. LIEBERMAN. I thank my friend. in number. forget where it was—that Saddam is The PRESIDING OFFICER (Mrs. One, this resolution authorizes the the first person since Hitler who has CLINTON). The Senator’s time has ex- President to determine and authorizes used chemicals for the purposes of pired. the President to use military forces as mass death. Mr. LIEBERMAN. I thank my col- he will, when he will, how he will, and So this history is chilling. I do not league from West Virginia for yielding wherever he will, as long as the thread manufacture it. It is there. It is why it me time. I yield the floor. is tied to Iraq, and beyond that—I do is so critically important to bring this The PRESIDING OFFICER. The Sen- not have the resolution in front of madman back within the constraints of ator from West Virginia. me—as long as it is tied, by the thread, the United Nations resolutions and the Mr. BYRD. I thank the Chair. to ‘‘defend[ing] the national security of peace that he agreed to at the end of Madam President, I thank and com- the United States against the con- the gulf war. mend all those Senators who have been tinuing threat posed by Iraq; and (2) Should Saddam be allowed to con- speaking in support of the resolution enforc[ing] all relevant United Nations tinue to develop these weapons of mass that will soon come before the Senate Security Council Resolutions regarding destruction and become the controlling for a decision by the Senate. I think Iraq.’’ hegemonic power he has long dreamed they have rendered a service. I com- Madam President, I can talk in con- of becoming in the Arab world, Lord mend Mr. LIEBERMAN. I commend Mr. siderable detail and at considerable protect us. Lord protect the Arab WARNER. And I commend those others length with respect to the ‘‘whereas’’ world, when you think of the brutal who are cosponsors of the resolution. I clauses and with respect to the author- dictatorship he has represented—no commend them on their high level of ization section, section 3. Suffice it to freedom, no opportunity for his people. argumentation they have put forth. say this is a blank check, this author- And what about the rest of us, with This is what the country needs. The ization paragraph is a blank check, Saddam in control of so much of the country needs to hear more of this, and given over to the Chief Executive, not world’s oil supply? I have only the utmost admiration for So this history is very current as we just this one but Chief Executives who consider all the options we have tried those who feel as they do in support of will succeed him. There is no sunset over the decade since the gulf war to this resolution. provision. There is no termination The Senate is the anchor of the Re- disarm this dangerous dictator, and under this authorization. It can go on why those of us who have sponsored public, and it is here on this battlefield and on and on until Congress sees fit to this resolution believe that the mo- many of the country’s great Senators terminate it. ment has come, as the President has have expounded their views and taken So it is open-ended. It is a blank said, effectively to say to Saddam: Ei- sides, one way or the other, on the check. And it cedes the decisionmaking ther disarm or we are going to be great issues that have come before the power of the Congress under the Con- forced to go to war to disarm you. We Nation over this period of more than stitution to declare war. It cedes that don’t want to do this. But you rep- 200 years. to a Chief Executive—for the moment, resent such a danger to your neighbors, I have listened, as best I could, to the Mr. George W. Bush. Succeeding him, among whom we have such strong al- various Senators who, for the most who knows? But it is open-ended. lies whose support is so critical to us, part this morning, have spoken in sup- If Congress is going to waive that whose energy supply is so critical to port of the resolution, S.J. Res. 45, part of the Constitution which gives our economy and that of the rest of the which will be at least soon attempted power to the Congress to declare war— world, that if you don’t disarm, we are to be amended by S.J. Res. 46. and I am not sure Congress can waive going to have to take military action Madam President, I am not against that—but if it is going to, why don’t we to do that. just any and every resolution of this at least have a sunset provision? Why That is the history, the chilling his- nature. I could very well be for a reso- don’t we at least have a cutoff at which tory that affects the present and is why lution. If this debate were to go on for time the cession of that power is no the four of us, and others now who have a while, or perhaps to go until after the longer existent? Is that asking too cosponsored this resolution, have done election, giving us time to debate it much? so—to prevent this man from achieving thoroughly, giving Senators time to No. 1, my opposition to this resolu- his evil ends. amend it, modify it, to change it, it tion in the main is because Congress is There have been many thoughtful might very well be I, too, could support ceding—lock, stock, and barrel—its statements on the floor. Mr. STEVENS, a resolution. After all, that is what we power to declare war, handing that the senior Senator from Alaska, spoke should strive for. We should strive for a over to a Chief Executive and, by its yesterday. Here is a proud, patriotic national consensus. own terms, as much as to say, that American, a veteran of World War II. If this country is going to engage in President will determine that. He will He analogized this dictator we are fac- a military conflict in the near future, use the military forces of these United ing to Hitler. Remember the lessons he it should not be a slapdash resolution States—that means the Marines, the was hearing in high school of the dan- that in its makeup looks, for all in- Air Force, the Army, the Navy, all the gers represented by Hitler and the ex- tents and purposes, as though it were military forces of this country—he tent to which, if we didn’t stop him just thrown together, it was a cut-and- shall use all of the military forces of then, we would have to stop him at a paste operation. this country in whatever ways he de- much higher price later on. I think the I would hope we could come to a con- termines, wherever he determines, balance we have to strike here in de- clusion, after ample debate, that we whenever he determines, and for as ciding how to act is a similar balance. could join hands across the aisle, join long as he determines. That is the way Do we act now, or do we act later, at hands between the two parties, join it is written—lock, stock, and barrel. much greater cost in blood, in treas- hands with the executive branch. I Congress might as well just close the ure? would hope we could do that. And I do doors, put a sign over the doors and

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10074 CONGRESSIONAL RECORD — SENATE October 8, 2002 say: ‘‘Going fishing.’’ Put a sign on the Urge them to stop, look, and listen, The PRESIDING OFFICER. The Sen- Statue of Liberty up here: ‘‘Out of look at what we are about to do. We ator is correct. business.’’ That is exactly, that is pre- are about to put beyond the reach of Mr. BYRD. I simply want to fin- cisely what we are about to do, if we Congress the decision to declare war. ish—— vote for this resolution as it is cur- I listened to the President’s speech. I Mr. WARNER. Madam President, of rently written. If there is anybody who didn’t hear anything new. I didn’t hear course, we go into recess at 12:30. disagrees with me, they can try to anything that I hadn’t already heard Mr. BYRD. I do not yield at the mo- show me that. But they cannot refute prior to this time. He demonized Sad- ment. I will be happy to yield in a mo- the words written in this resolution. dam Hussein. That is quite all right ment. The Senator has been on the All the ‘‘whereases’’ constitute nothing with me. I think Saddam Hussein is floor all morning—he and his com- more than figleaves, beautifully lower than a snake’s belly myself. I patriots over here who are boosting dressed, beautifully colored, pretty wouldn’t shed any tear if anything hap- this unfortunate resolution. So I want figleaves, with sugar on them. pened to him. That is not the question. a few minutes now, and then I will be My second objection in the main is We have known these things. happy to yield. that Congress is being stampeded, pres- I asked the CIA Director myself, Mr. WARNER. For one short ques- sured, adjured, importuned into acting within the last 2 or 3 weeks in my of- tion. on this blank check before Congress fice and in room 407: You are not a pol- Mr. BYRD. Then what is the focus? goes out for the election. Doesn’t that icymaker, but you are the expert with What about homeland security? What make this somewhat suspect? Recall, it respect to intelligence. What is there might happen on the southern border, was only in late August, around August that you can tell me, what is there on the northern border of this country, 23, I believe it was, I read in the news- that you can tell Congress that is new in the ports of this country, at the air- paper where the President was con- that indicates we wait beyond this ports of this country? What might hap- cerned about the intensified talk that election at our peril? What is it that is pen? The American people today are was going on with reference to his new that we haven’t known? I am talk- concerned about the safety right here plans in respect to an attack on Iraq. ing to the Director of Central Intel- in this area, the safety of their own Secretary Rumsfeld, in that same ligence. schoolchildren. They are concerned newspaper report, referred to it as a I said: What is it that is new that we about these things that are going on ‘‘frenzy.’’ So even the President, 6 haven’t known 2 months ago, 6 weeks all around us. What is going to happen weeks ago, was seeking to allay the ago, 3 months ago? They don’t have to homeland security? I don’t hear concerns of the people in Washington, anything. much about it over this last couple people all over the country, with re- I asked Secretary Rumsfeld. And he weeks or more. This attack on Iraq we spect to any ‘‘plans’’ that he might will say: Oh, I will tell you what is have been talking about—the President have to attack Iraq. In other words, he new, September 11 of last year. says: If you do not do it, I will. If you was saying: Cool it. Well, of course, that is over a year don’t do it, we will. Well, this concerns Well, that was just 6 weeks ago. Then old. What is so new that it requires this me. all of a sudden, the whole focus of at- Senate and the House of Representa- What kind of a face are we going to tention in this country seems to be di- tives to vote before we go out for the present to the world with this kind of rected several thousand miles away election? Why so much interest in the cowboy, macho attitude? What kind of from these shores to a country called election? That is not by my choice that face are we presenting to the world? Iraq, to which the distinguished Sen- the administration is pushing for a Does the world still see us as a law- ator from Connecticut correctly al- vote before the election. That is not abiding Nation that lives by the rule of luded as that great land between the my choice; that is their choice. And I law? Is that what we recommend to two great rivers, the old Biblical coun- am not sure but that this effort on other countries? Are we a country that try of Mesopotamia. their part might be turned against loves liberty, freedom, justice, the rule So those are my two concerns. Here them in the election. I think if the of law, or is this going to make us look we are, with all of this pressure to act, American people are fully aware of like a bully? I used to play a tune on act now. I am somewhat mystified by what this administration is advo- my fiddle called ‘‘The Bully of the the rush pell-mell to embrace this reso- cating, fully aware of what we are Town’’—‘‘I am looking for the bully of lution which, as I understand it, is about to do, the people of this country the town.’’ Is that the kind of face pretty much the administration’s will rise up. They will let their voices Uncle Sam is going to present to the handicraft, and the House may be be heard. world? It sounds like it when the Presi- about to vote on the same. They have questions. ‘‘What is this dent says to the U.N.: If you don’t do I wonder what has gotten into our going to cost me?’’ they will say. Mr. something, we will. Democratic leaders that they would John Q. Citizen will say: What is this Madam President, I am simply say- embrace this kind of thing. They have going to cost me? What about my son? ing we ought not have this vote before a right to do that. Every Senator has a What about my daughter? What about this election. This election is going to right to vote any way he wants, any my grandson? How many American distract members from concentrating, way his good sense is directing him. lives are going to be lost if we invade from focusing on the question of war or But I have been mystified at the rush, Iraq? What is going to be the cost? peace. It is already doing it. It is al- at the frenetic activity on the part of What is going to happen to Iraq after ready doing it. leaders of the Congress, of the other its defeat? Who is going to run the gov- So there are lots of questions the body. They embraced this thing down ernment of Iraq then? Are we going to American people want answered. What there on the White House lawn. have American fighting men and about the economy? Is this going to af- We should take more time. The women in Iraq for 2 months, 6 months, fect the American economy? What American people have questions that a year, 2 years, 5 years, 10 years? An- about my job? What about my health they want answered. I have had more swer these questions, Mr. Administra- insurance? What about us older folks? than 9,000 telephone calls in the last 5 tion. What about prescription drugs? You do days that my office has been open, Tell me, also, what is going to hap- not hear much about that now. Every- more than 9,000 coming from all over pen to homeland security. Already the thing is tuned to Iraq. The American the country, virtually all urging the focus is being shifted away from home- people are being led to believe some- Senate to slow down, to ask questions, land security. I can see it. thing may happen tomorrow—and and to fully consider what we are about Mr. WARNER. Will the Senator something may happen right here with- to do. I hope more people will call. yield? in our own shores. But they are being They don’t need to call me. They know Mr. BYRD. Not just yet. led to believe Saddam is such a threat what my position is. But I hope they Mr. WARNER. I understood the time we don’t dare wait until after the elec- will call the Members of Congress, Sen- was 15 minutes. tion. Saddam doesn’t present that kind ate and House Members, Republicans Mr. BYRD. I believe I have these 15 of imminent threat to this country. He and Democrats, call all the Members. minutes now under a previous order. doesn’t have these kinds of weapons

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10075 that he would level at this country be- You take it and we are out of it. We are Mr. REID. I understand that, but the fore the election. Now, something out of business. We are out of business other side has objected to that. could happen in our midst before the for the next year or 2 years or as long Mr. BYRD. After 2 o’clock, I might election. It can happen tonight. It can as this piece of paper—this blank be constrained to talk longer. happen today. It has been happening in check—is in effect. You have it. We are Mr. WARNER. Madam President, this area over the past several days, cheating the people back home when given that opportunity, can we agree with a sniper taking six lives, and he we vote for that kind of resolution. then the 10 minutes expires—I am shot eight persons. Madam President, I have much more about to join the Secretary of State, People are concerned about issues to say, but I told the Senator from Vir- Mr. Colin Powell—at the hour of 12:42 here at home. We should not try to di- ginia I would be glad to yield. I do that or 12:43 p.m.? If that is correct, that vert their attention to a threat. I don’t now, without losing my right to the will be fine. say Saddam is not a threat. I say he is floor. Mr. REID. Reserving the right to ob- not the immediate threat the adminis- Mr. WARNER. Madam President, I ject, Madam President, I ask unani- tration is trying to make him out to be simply say to my colleague, most re- mous consent that at 2:15 p.m., in addi- spectfully, I feel this was not a cut- at this point. We have some time. We tion to Senator BYRD speaking now for and-paste job. Senators LIEBERMAN, ought to utilize it. We cannot let Sad- 10 minutes, Senator MIKULSKI speak; at BAYH, MCCAIN, myself, and other Sen- dam Hussein continue to have weapons, 2:35 p.m, Senator GREGG; Senator JEF- ators have contributed. Senator LOTT such as biological and chemical weap- FORDS at 3 o’clock; there will be a Re- had an open-door policy to engage per- ons. We cannot let him acquire weap- publican at 3:20 p.m.; Senator KENNEDY sons on this issue. ons of mass destruction. But there is I draw your attention, most respect- at 3:40 p.m.; a Republican at 4 o’clock; some time, and I think it is very im- fully, to section 3, authorization for Senator CARPER at 4:20 p.m.; a Repub- portant we get the United Nations in- the use of force. lican at 4:50 p.m.; Senator FEINGOLD at volved here, and the President has This is not a blank check. It restricts 5:30 p.m.; a Republican 6 o’clock; and made a good start in that direction. He this authority clearly to Iraq, and if I one of the two, REID/REED, at 6:30 p.m. made a fine statement when he spoke might read it: Authorization. The Mr. WARNER. I have no objection. to the U.N. He put the burden on them. President is authorized to use the The PRESIDING OFFICER. Without He laid it at their door. They have been Armed Forces of the United States as objection, it is so ordered. The Senator recreant in their duty. he determines to be necessary and ap- from West Virginia. We should utilize the time we have to propriate in order to, one, defend the Mr. BYRD. Madam President, for let the U.N. marshal its forces and try national security of the United States how long am I recognized now? to get other countries to assist this against the continuing threat posed by The PRESIDING OFFICER. Ten min- country in carrying the burden. Eleven Iraq; two, enforce all relevant United utes. years ago, the cost of that war was Nations security resolutions regarding Mr. BYRD. I thank the Chair. $61.1 billion, and other countries helped Iraq. I call the Senate’s attention to an ar- shoulder the expenses, with the excep- That is a very clear mandate, and ticle in the Philadelphia Inquirer of tion of about $7.5 billion. We ought to once those two criteria are met, this October 6 entitled ‘‘Allied Support On be seeking to get others’ help. authority ceases. Iraq Exaggerated, Officials Say’’: We ought to let the inspectors go Madam President, my understanding President Bush and some of his top aides, back in and have restrictions such that is that at the hour of 12:30 p.m., the including Defense Secretary Donald H. they will have a full and free oppor- Senate will stand in recess. Rumsfeld, have exaggerated the degree of al- tunity to inspect wherever they want, Mr. BYRD. Madam President, I ask lied support for a war in Iraq, according to unanimous consent that I may proceed senior officials in the military and the Bush wherever they think they should. So I administration. am for all that. I am not one who says for 10 minutes. These officials, rankled by what they Saddam is not a threat; he is a threat, Mr. WARNER. Madam President, I charge is a tendency by Rumsfeld and others but he has been a threat for many most respectfully say to my colleague, to gloss over unpleasant realities, say few years. I think it is a disservice to the I am under firm instructions on this nations in Europe or the Middle East are American people to insist their elected side—so many Senators are gathering ready to support an attack against Iraq un- representatives in the House and Sen- at the caucuses who otherwise would less the United Nations Security Council ex- ate showdown on this fateful decision follow this important debate. I will be plicitly authorizes the use of force. happy to resume with Senator In the latest sign that international sup- before the election. Now, that is highly port for the administration’s plans is soft, suspect. To those who are pushing it, I BYRD—— Mr. REID. If my friend, the distin- key ally Turkey said Friday that it would have to say it is suspect. participate in a campaign against Iraq only Why do they want this vote before guished Senator from West Virginia, if the world body blessed it. the election? I am not the one who de- will yield, I have a unanimous consent ‘‘An operation not based on international termines when the election will fall. request, about which I have spoken law cannot be accepted,’’ a Turkish presi- We know it is going to take place on with the Senator from West Virginia, dential spokesman said after a meeting of November 5. Where is the threat that is for Senators to speak this afternoon. top Turkish civilian, military and intel- The PRESIDING OFFICER. Is there ligence officials in Ankara. so imminent to this country we have to The backing of Turkey, which borders declare war here and now, before the objection? Mr. WARNER. Reserving the right to Iraq’s north, is vital because it hosts air election? It is a distraction. Our Sen- object, Madam President, can we pos- bases at Incirlik and elsewhere that would be ators and House Members need to be sibly accommodate my colleague from necessary to conduct a major air campaign concentrating on the matter, debating against Iraq and protect the ethnic Kurdish West Virginia so he can finish this line- it, debating other matters. There are population in northern Iraq from Iraqi leader up, and I will be prepared to come to many more matters that cry out for Saddam Hussein’s retaliation. the floor with him, can I suggest, at the attention of this country. Why ‘‘Turkey is the key,’’ a senior administra- the hour of 2 o’clock? tion official said. should we not be giving attention to Mr. REID. The Senator wishes to Turkey, which also has a large Kurdish them and not be distracted in this vote speak at 2 o’clock. population, is concerned that Iraq’s Kurds by what may happen to me on Novem- Mr. BYRD. I would love to do that. would try to form their own mini-state and ber 5, if I vote this way or that way? Mr. REID. If necessary, I will preside that a war with another Muslim country That is not right. It is wrong. It is not at 2 o’clock, but we have presiders could aggravate tensions between Islamists doing right by the people of this coun- starting at 2:15 p.m. and secularists in Turkey and damage the try. They are entitled to better than Madam President, I ask unanimous Turkish economy. that. consent that the Senator from West Turkey is not alone: No country near Iraq So I have two main concerns. One, we has agreed to serve as a launching pad for a Virginia be recognized for 10 minutes U.S. strike without U.N. authorization, the are ceding the constitutional authority beginning at 5 after the hour. senior official said. He and others spoke on to declare war, and it is open-ended, a Mr. BYRD. Madam President, reserv- condition of anonymity. blank check. Mr. President, here it is, ing the right to object, I can finish in As they have tried to persuade Congress to you can have it. We will just go fishing. 10 minutes now. give Bush broad war-making authority,

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Rumsfeld and other officials have sought to camps with cruise missiles to retaliate for EXHIBIT 1 create the impression that there is wide- the bombings of the U.S. embassies in Kenya [From the Philadelphia Inquirer, Oct. 6, 2002] spread international support for the Iraq en- and Tanzania. But officials said the same in- ALLIED SUPPORT ON IRAQ EXAGGERATED, deavor. That, one top official said, ‘‘is at telligence reports that bin Laden rejected OFFICIALS SAY best premature and at worst deceptive.’’ the offer because he did not want Hussein to (By Warren P. Strobel) control his group. Madam President, I ask unanimous WASHINGTON.—President Bush and some of consent that the total article from the In fact, the officials said, there is no iron- his top aides, including Defense Secretary Philadelphia Inquirer of October 6 be clad evidence that the Iraqi regime and the Donald H. Rumsfeld, have exaggerated the printed in the RECORD at the close of terrorist network are working together, or degree of allied support for a war in Iraq, ac- my remarks. that Hussein has ever contemplated giving cording to senior officials in the military chemical or biological weapons to al-Qaeda, The PRESIDING OFFICER. Without and the Bush administration. with whom he has deep ideological dif- These officials, rankled by what they objection, it is so ordered. ferences. charge is a tendency by Rumsfeld and others (See exhibit 1.) to gloss over unpleasant realities, say few Mr. BYRD. Madam President, I quote I ask unanimous consent that the re- nations in Europe or the Middle East are another article from the Philadelphia mainder of this article from the Phila- ready to support an attack against Iraq un- Inquirer, this one October 8, 2002, enti- delphia Inquirer, dated October 8, 2002, less the United National Security Council tled: ‘‘Officials’ Private Doubts On Iraq be printed in the RECORD at the end of explicitly authorizes the use of force. War’’: my remarks. In the latest sign that international sup- While President Bush marshals congres- port for the administration’s plans is soft, The PRESIDING OFFICER. Without key ally Turkey said Friday that it would sional and international support for invading objection, it is so ordered. Iraq, a growing number of military officers, participate in a campaign against Iraq only intelligence professionals and diplomats in (See exhibit 2.) if the world body blessed it. his own government privately have deep mis- ‘‘An operation not based on international Mr. BYRD. The President indicated law cannot be accepted,’’ a Turkish presi- givings about the administration’s double- he would lead a coalition, and I hope he time march toward war. dential spokesman said after a meeting of These officials say administration hawks will. I hope he will continue to work top Turkish civilian, military and intel- have exaggerated evidence of the threat that until he gets a solid coalition together. ligence officials in Ankara. Iraqi leader Saddam Hussein poses—includ- But if, as the President claims, Amer- The backing of Turkey, which borders ing distorting his links to the al-Qaeda ter- ica will lead a coalition against Iraq, it Iraq’s north, is vital because it hosts air rorist network; have overstated the amount certainly appears that we have much based at Incirlik and elsewhere that would of international support for attacking Iraq; be necessary to conduct a major air cam- work to do. The first article I read paign against Iraq and protect the ethnic and have downplayed the potential repercus- from the Philadelphia Inquirer bears sions of a new war in the Middle East. Kurdish population in northern Iraq from They say that the administration squelch- out a clear message: We have asked the Iraqi leader Saddam Hussein’s retaliation. ‘‘Turkey is the key,’’ a senior administra- es—squelches—dissenting views that intel- United Nations to act and we should tion official said. ligence analysts are under intense pressure give the United Nations that oppor- Turkey, which also has a large Kurdish to produce reports supporting the White tunity. population, is concerned that Iraq’s Kurds House’s argument that Hussein poses such an Last night, the President of the would try to form their own mini-state and immediate threat to the United States that United States asked Congress to fully that a war with another Muslim country preemptive military action is necessary. could aggravate tensions between Islamists ‘‘Analysts at the working level in the in- consider the facts in this debate, but I and secularists in Turkey and damage the telligence community are feeling very strong believe that many of the facts are still unclear. We have many questions that Turkish economy. pressure from the Pentagon to cook the in- Turkey is not alone: No country near Iraq telligence books,’’ said one official, speaking demand answers, and we need the time has agreed to serve as a launching pad for a on condition of anonymity. to find those answers. U.S. strike without U.N. authorization, the A dozen other officials echoes his views in senior official said. He and others spoke on interviews with the Inquirer Washington Bu- So I suggest we try to get the facts, and the representatives of the Amer- condition of anonymity. reau. No one who was interviewed disagreed. As they have tried to persuade Congress to How much time do I have left, ican people in Congress need the facts, give Bush broad war-making authority, Madam President? the clear, unadulterated facts, before Rumsfeld and other officials have sought to The PRESIDING OFFICER. Four and Congress votes on the resolution. create the impression that there is wide- a half minutes. The questions I have are the same spread international support for the Iraq en- Mr. BYRD. I thank the Chair. questions the American people have. A deavor. That, one top official said, ‘‘is at best premature and at worst deceptive.’’ Continuing the article: poll published last Sunday in the New The defense secretary told a House of Rep- They cited recent suggestions by Defense York Times reports that a majority of resentatives committee Sept. 18 that Bush Secretary Donald H. Rumsfeld and National Americans think that Congress is not aides ‘‘know for a fact’’ that the United Security Adviser Condoleezza Rice that Hus- asking enough questions about Iraq States would not be fighting Iraq along if it sein and Osama bin Laden’s al-Qaeda net- policy. By a 2-to-1 margin, those polled failed to obtain a U.N. resolution. ‘‘There are work were working together. would prefer to see U.N. inspectors any number of countries that have already Rumsfeld said Sept. 26 that the U.S. gov- have more time to do their job. Sixty- announced their support,’’ he said. ernment had ‘‘bulletproof’’ confirmation of Bush said Thursday that if the United Na- links between Iraq and al-Qaeda members, five percent of those polled think it is tions and Iraq didn’t eliminate Hussein’s including ‘‘solid evidence’’ that members of better to wait for allies before any at- weapons of mass destruction, ‘‘the United the terrorist network maintained a presence tack on Iraq—in other words, not go it States in deliberate fashion will lead a coali- in Iraq. alone. tion to take away the world’s worst weapons The facts are much less conclusive. Offi- Obviously, the American people are from one of the world’s worst leaders.’’ cials said Rumsfeld’s statement was based in Several officials said that while those part on intercepted telephone calls in which far from convinced that we must at- statements were technically true, there was an al-Qaeda member who apparently was tack Iraq. I think as time goes on, if a coalition yet. Diplomats said privately passing through Baghdad was overheard call- this matter is fully debated, we will that only staunch ally Britain and Bul- ing friends or relatives, intelligence officials find a reverse in the polls from what we garia—a member of the U.N. Security Coun- said. The intercepts provide no evidence that have been seeing lately. We are going cil that wants to join the U.S.-led NATO alli- the suspected terrorist was working with the to find that the American people are ance—had said they were willing to act with- Iraqi regime or that he was working on a ter- not all that ready to invade Iraq all by out United Nations cover. rorist operation while he was in Iraq, they Secretary of State Colin L. Powell has said. themselves; not all that ready to put been working intensively to persuade other Rumsfeld also suggested that the Iraqi re- the U.N. aside and say we will go it U.S. Security Council members to back a gime had offered safe haven to bin Laden and alone—if you do not do it, we will—and tough resolution that would force Iraq to ac- Taliban leader Mullah Mohammed Omar. not all that ready to send their boys cept strict new rules for inspections or face While technically true, that, too, is mis- and girls, their men and women, their a U.S.-led invasion. He has run into stiff re- leading. Intelligence reports said the Iraqi loved ones, to war in a foreign land sistance, particularly from France and Rus- ambassador to Turkey, a longtime Iraqi in- without leaving it up to Congress as to sia, both of which hold veto power on the telligence officer, made the offer during a council. visit to Afghanistan in late 1998, after the when war should be declared. Along with those countries, the United United States attacked al-Qaeda training I yield the floor. States presumably would need an OK to use

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10077 military bases in Persian Gulf countries such The facts are much less conclusive. Offi- ing place in the country,’’ he said. Rumsfeld as Kuwait, Oman, Bahrain and Qatar. In cials said Rumsfeld’s statement was based in apparently was referring to about 150 mem- Qatar the United States has been extending part on intercepted telephone calls in which bers of the militant Islamic group Ansae al a runway to accommodate more combat an al-Qeada member who apparently was Islam (‘‘Supporters of Islam’’) who have planes, and some war planners hope to per- passing through Baghdad was overhead call- taken refuge in Kurdish areas of northern suade Jordan to let U.S. and British special ing friends or relatives, intelligence officials Iraq. However, one of America’s would-be forces attack suspected missile bases and said. The intercepts provide no evidence that Kurdish allies controls that part of the coun- weapons facilities in western Iraq from its the suspected terrorist was working with the try, not Hussein. territory. Iraqi regime or that he was working on a ter- The PRESIDING OFFICER. The Sen- None of those countries has told Wash- rorist operation while he was in Iraq, they ator from Virginia. ington it will be forthcoming without U.N. said. Mr. WARNER. Madam President, it Rumsfeld also suggested that the Iraqi re- support, the officials said. is in the true spirit of this institution, One senior military officer called Rums- gime had offered safe haven to bin Laden and feld’s comments ‘‘misleading.’’ Taliban leader Mullah Mohammed Omar. which Senator BYRD knows so well, ’’ ‘Fine,’ ‘locked in,’ ‘positive,’ ‘concrete’; While technically true, that, too, is mis- that we exchange viewpoints as we those words aren’t being used over here,’’ an- leading. Intelligence reports said the Iraqi have done Friday, yesterday, and again other Pentagon officer said. ambassador to Turkey, a longtime Iraqi in- today, and we will continue to do that. Some analysts said that if the confronta- telligence officer, made the offer during a Hopefully, these facts which the Sen- tion with Iraq came to war, most countries visit to Afghanistan in late 1998, after the ator deems essential—and I also—will would choose to join in rather than risk dis- United States attacked al-Qeada training be brought to the attention of this camps with cruise missiles to retaliate for pleasing the United States or missing out on body. I thank my colleague. the spoils. the bombings of the U.S. embassies in Kenya ‘‘You will have regimes which, if we force and Tanzania. But officials said the same in- Mr. BYRD. And I thank my col- the issue, will support us,’’ said Anthony telligence reports said that bin Laden re- league. Cordesman, a military expert at the Center jected the offer because he did not want Hus- f for Strategic and International Studies, a sein to control his group. conservative center for national-security In fact, officials said, there is no ironclad RECESS evidence that the Iraqi regime and the ter- studies. But those countries want diplomatic The PRESIDING OFFICER. Under cover, he said. rorist network are working together, or that Some allies also want assurances on other Hussein has ever contemplated giving chem- the previous order, the Senate stands issues, Cordesman said. ical or biological weapons to al-Qeada, with in recess until 2:15 p.m. Turkey, for example, wants debt relief for whom he has deep ideological differences. Thereupon, the Senate, at 12:44 p.m., its teetering economy along with promises Non of the dissenting officials, who work recessed until 2:15 p.m., and reassem- that there will be no independent Kurdish in a number of different agencies, would bled when called to order by the Pre- agree to speak publicly, out of fear of ret- state in Iraq. Russia wants a free hand to siding Officer (Mr. REED). pursue alleged terrorists in neighboring ribution. Many of them have long experience in the Middle East and South Asia, and all The PRESIDING OFFICER. Under Georgia, Iraq to pay roughly $8 billion in the previous order, the Senator from debt, and Washington to lift Cold War-era spoke in similar terms about the unease with trade restrictions. the way the U.S. political leaders were deal- Maryland is recognized. ing with Iraq. EXHIBIT 2 f All agreed that Hussein was a threat who [From the Philadelphia Inquirer, Oct. 8, 2002] eventually must be dealt with, and none flat- AUTHORIZATION OF THE USE OF OFFICIALS’ PRIVATE DOUBTS ON IRAQ WAR ly opposed military action. But, they say, UNITED STATES ARMED FORCES (By Warren P. Strobel, Jonathan S. Landay the U.S. government has no dramatic new AGAINST IRAQ—Resumed and John Walcott) knowledge about the Iraqi leader that justi- fies Bush’s urgent call to arms. Ms. MIKULSKI. Mr. President, I rise WASHINGTON.—While President Bush mar- Some lawmakers have voiced similar con- to speak in support of the Levin shals congressional and international sup- cerns after receiving CIA briefings. port for invading Iraq, a growing number of amendment in terms of determining Sen. Richard J. Durbin (D., Ill.) said some our action in Iraq. military officers, intelligence professionals information he had seen did not support and diplomats in his own government pri- Bush’s portrayal of the Iraqi threat. As a graduate of West Point, the Pre- vately have deep misgivings about the ad- ‘‘It’s troubling to have classified informa- siding Officer knows how great a deci- ministration’s double-time march toward tion that contradicts statements by the ad- sion it is for the U.S. Congress to de- war. ministration,’’ Durbin said. ‘‘There’s more cide about war. Now this Senate is con- These officials say administration hawks they should share with the public.’’ sidering the gravest decision we will have exaggerated evidence of the threat that Several administration and intelligence of- ever be called upon to make, which is Iraqi leader Saddam Hussein poses—includ- ficials defended CIA Director George Tenet, to give the President unlimited author- ing distorting his links to the as-Qaeda ter- saying Tenet was not pressuring his analysis rorist network; have overstated the amount but was quietly working to include dis- ity to go to war, to make a decision to of international support for attacking Iraq; senting opinions in intelligence estimates send American military men and and have downplayed the potential repercus- and congressional briefings. women in harm’s way. I say to my con- sions of a new war in the Middle East. In one case, a senior administration offi- stituents, to the people of this country, They say that the administration squelch- cial said, Tenet made sure that a State De- and to the military, I take this respon- es dissenting views and that intelligence an- partment official told Congress that the En- sibility very seriously. alysts are under intense pressure to produce ergy and State Departments disagreed with I have listened to the President and reports supporting the White House’s argu- an intelligence assessment that said hun- his advisers make their case. I have ment that Hussein poses such an immediate dreds of aluminum tubes Iraq tried to pur- threat to the United States that preemptive chase were intended for Baghdad’s secret nu- consulted with experts and wise heads. military action is necessary. clear-weapons program. Analysts in both de- I have participated in hearings and ‘‘Analysts at the working level in the in- partments concluded that the Iraqis prob- briefings as a Member of the Senate, telligence community are feeling very strong ably wanted the tubes to make conventional and particularly as a member of the In- pressure from the Pentagon to cook the in- artillery pieces. telligence Committee. I have listened telligence books,’’ said one official, speaking Other examples of questionable statements very intently to my own constituents. on condition of anonymity. include: I know that the decision we are about A dozen other officials echoed his views in Vice President Cheney said in late August interviews with the Inquirer Washington Bu- that Iraq might have nuclear weapons ‘‘fair- to make will affect the lives of Amer- reau. No one who was interviewed disagreed. ly soon.’’ A CIA report released Friday said ica’s sons and daughters, and the fu- They cited recent suggestions by Defense it could take Iraq until the last half of the ture of the United States of America. Secretary Donald H. Rumsfeld and National decade to produce a nuclear weapon., unless But first, let me say a word about our Security Advisory Condoleezza Rich that it could acquire bomb-grade uranium or plu- troops. Each and every member of our Hussein and Osama bin Laden’s al-Qaeda net- tonium on the black market. military is part of the American fam- work were working together. Also in August, Rumsfeld suggested that ily. Their service is a tremendous sac- Rumsfeld said Sept. 26 that the U.S. gov- al-Qeada operatives fleeing Afghanistan were rifice and also a great risk. These are ernment had bulletproof’’ confirmation of taking refuge in Iraq with Hussein’s assist- links between Iraq and al-Qaeda members, ance. ‘‘In a vicious, repressive dictatorship ordinary men and women, often called including ‘‘solid evidence’’ that members of that exercises near-total control over its upon to act in a very extraordinary the terrorist network maintained a presence population, it’s very hard to imagine that way, and they have never failed us. in Iraq. the government is not aware of what’s tak- Whatever the Nation asks them to do,

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10078 CONGRESSIONAL RECORD — SENATE October 8, 2002 I know they will do it with bravery, clear weapons. So these threats cannot first World War. Iraq has no unifying fortitude, and gallantry. and must not be ignored. history or culture or religion or lan- Therefore we, all Americans, owe Therefore, what is the best way to guage: Its population is deeply divided them a debt of gratitude. But we owe proceed? My analysis further indicates on ethnic and religious lines. them even more. The Congress owes it that Saddam Hussein just doesn’t The end of Saddam Hussein could to them to choose the wisest, most pru- threaten the United States or our as- mean the start of a civil war. Fostering dent course in this matter. As Sen- sets or our people abroad. He threatens the creation of new government in Iraq ators, we must keep in mind the men the entire region. He also threatens will not be easy. There is no real oppo- and women of our military. treasured allies. And because the sition group ready to take over because That is why I support Senator threat is greater than ourselves, we Saddam’s totalitarian regime does not LEVIN’s resolution on Iraq. I support must bring the international commu- tolerate opposition. that because it meets my principles. nity with us, to share the responsi- If Saddam is overthrown—we have to Have all diplomatic and other non- bility and the burden of stopping these be prepared for what happens next. Will military means been exhausted? The threats. American troops become an army of Levin resolution turns to the United This is why I support the Levin occupation or will Iraq fall into chaos Nations and its Security Council to amendment. It is our best chance to and civil war? make a decision in terms of the en- forge a vigorous international re- America cannot face this situation forcement of its own resolutions. It sponse, and to also have the backing of alone. The support and cooperation of calls for international legitimacy, a multinational military response. allies would enable us to share the international cooperation, inter- The Levin amendment requires four risks and the costs. national support, and, I might add, things. It urges the U.N. Security War on Iraq could also have unin- international resources. It urges the Council to promptly adopt a resolution tended consequences for the Middle East. Some optimists see war in Iraq Security Council to fill President demanding access to U.N. inspectors to leading to democratization and peace Bush’s request to demand Iraqi disar- destroy Iraq’s missiles and weapons of in the Middle East. They predict the mament and to authorize the use of a mass destruction. We know that works. overthrow of undemocratic regimes in multinational military force if Iraq re- When the inspectors were in Iraq, they Iran, Saudi Arabia, Syria and other fuses to comply. If the U.N. refuses to destroyed more weapons of mass de- countries. But there is a real risk that act under the Levin amendment, Con- struction than we did during the gulf attacking Iraq would unify Arab coun- gress would then promptly consider war. tries and the wider Muslim world whether America should act alone. The Levin amendment authorizes against us. We are already seeing signs Senator LEVIN’s is not the only reso- member states to use necessary and ap- of cooperation between Sunni and Shi lution before the Senate. As I have propriate force if Iraq refuses to com- ’ite extremists and terrorist groups. looked at all of them, I asked ques- ply. I understand the use of force might A mandate from the United Nations tions. First, what really is Saddam be necessary. It also very clearly as- would mean the international commu- Hussein’s intent? serts and affirms the U.S. right to self- nity against Saddam instead of the Second, does he have the means to defense. United States against Iraq. Other coun- accomplish this intent? Does he have It authorizes the President to use tries in the region would join our coali- weapons of mass destruction: chemical, armed force to fulfill the U.N. Security tion, rather than obstructing or oppos- biological, and nuclear? Council resolution, provided the Presi- ing us. Third, how grave and imminent is dent determines that diplomacy was I also worry that unilateral action the threat? Is the Iraqi threat best met tried and exhausted first. It also tells could undermine the war on terrorism. by a unilateral approach or a vigorous us not to adjourn so Congress can fur- Some special forces are already being international response? ther consider action if the U.N. fails. withdrawn from the efforts to hunt al- Finally, what are the consequences of That is what we are looking at. The Qaida in Afghanistan. Intelligence re- our action? What will our military face consequences of committing American sources would be re-directed to cover in Iraq? What will be the impact on troops to war in Iraq are very serious Iraq, reducing our focus on Afghani- Iraq and the Middle East? What does and they must be carefully reviewed. stan and Pakistan. Arab and Muslim this mean to the war on terrorism? The question is, will our American states may reduce their intelligence These are the kinds of questions I am troops be welcomed with flags or will cooperation against al-Qaida and other asking myself so I can make a wise de- they be welcomed with land mines? Our terrorist groups. The focus of our top cision. troops could face an Iraqi military en- military and civilian leaders could But make no mistake, I firmly be- trenched in cities instead of the open shift away from bin Laden and al- lieve that Saddam Hussein is desert warfare of the gulf war. Iraq Qaida. There are other issues. duplicitous, deceptive, and dangerous. I could use chemical and biological An international coalition helps ad- despise him. Saddam is a brutal, totali- weapons right on our troops as we are dress the impact of war in Iraq on the tarian dictator and history shows us engaged in battle. They could also do war on terrorism. By sharing the bur- how dangerous Iraq is under his rule. this against their own Iraqi civilians. den during and after a war, more of our He invaded Kuwait and used chemical This is why I believe America should troops and resources can pursue the weapons against his own people. I do not face these threats alone. If we go war on terrorism by keeping together believe he has developed chemical and in, we should not go in by ourselves. If the global coalition against terrorist biological weapons, and I also believe the threat is so real, the world should groups. he is pursuing nuclear weapons, take it seriously and then vote to be I want to conclude by thanking defying the will of the international able to come with us. President Bush for engaging in inten- community and also denying the agree- Mr. ALLARD. Will the Senator yield? sive diplomacy at the U.N. I know the ment that he made at the end of the Ms. MIKULSKI. When I finish, yes. Bush administration is being aggres- gulf war. America cannot face this situation sive at the U.N. and in the key states, I also really do not believe Saddam is alone. The support and cooperation of including Russia, China, and France. I going to change. The question then is, allies would enable us to share the applaud the President for this. what does this mean for the future? I risks and the cost. We need inter- President Bush also made it clear think Iraq does have the grim and national legitimacy, international sup- that the U.N. has a responsibility to ghoulish means to carry out its evil port, and international manpower. address Iraq’s threat to international plans. I think if we look at declassified What happens when we win the war? peace and security. I absolutely agree CIA reports and the British white Military victory is only the start of with him on this. But also I agree we paper, we can see that Iraq does con- U.S. engagement in Iraq. Fostering a have to get the United Nations Secu- tinue to develop and produce and new regime could take decades. Most rity Council authorization to form an stockpile chemical and biological people don’t realize that Iraq is an arti- international coalition. weapons, and is trying to get the tech- ficial construct, formed in 1920 by a We cannot fail to act if action is nec- nology and materials to produce nu- League of Nations mandate after the essary, but we must take the time to

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10079 see if we can minimize the danger and Mr. ALLARD. I am talking about choice but to respond to it. In respond- also build a coalition to share the risk. Secretary Powell and our diplomats ne- ing to it, we must have our eyes open. An international coalition would do gotiating within the United Nations, We are a Nation which inherently be- that. negotiating with members of the Secu- lieves in the better nature of people. The Senate faces difficult decisions rity Council. The feeling is we need to We inevitably give people the benefit of on how to address the Iraqi threat. I have a strong resolution in order to the doubt. It is our culture, and it is believe the Levin amendment is by far make those negotiations successful. one of our strengths. Regrettably, in the strongest option. It endorses the Ms. MIKULSKI. I see. I thought you this war, giving people the benefit of President’s speech to the United Na- were talking about sending a message the doubt—people who have a track tions, strengthening the U.S. position to Saddam. No. I understand. I believe record of either hating us, attacking in multilateral diplomacy and author- the Levin amendment is a pretty mus- us, or confronting us militarily—may izing the use of force only if authorized cular amendment, saying back to the end up costing us even more lives. by the U.N. Security Council without U.N., you passed those resolutions, you I think we need to review the en- ruling out the possibility that Congress should really step up to those resolu- emy’s purpose. Let’s begin with al- will authorize the unilateral use of tions, and putting the pressure back on Qaida and bin Laden, and use his own force if that decision becomes nec- them; and also saying, we are not going words. essary. Most importantly, the Levin to adjourn until we hear what you are bin Laden, in an interview that was resolution presents the best hope for going to do. And we will be ready to re- published in January 1999—it originally the United States to achieve inter- spond promptly. appeared in Time—made the following national support and a multinational So I think the Levin amendment is a statement: military coalition to address the Iraqi fairly muscular amendment. Hostility toward America is religious duty. threat to peace and security. Mr. President, I yield the floor. He went on to say, in February 1998: Therefore, I look forward to voting The PRESIDING OFFICER. The Sen- The ruling to kill the Americans and their for the Levin amendment. I urge my ator from Colorado. allies, civilians and military, is an individual colleagues to join me in doing that be- Mr. ALLARD. Mr. President, I will duty of every Moslem, who can do it in any cause I believe the way to deal with now yield to the Senator from New country in which it is possible to do it. this issue is international support and Hampshire, a good friend, and some- ‘‘Civilians and military.’’ a multinational military coalition, body who does a great job. I yield to He went on to say: should force be necessary. him 20 minutes. We, with Allah’s help, call on every Mos- Before I yield the floor, I turn to the The PRESIDING OFFICER. The Sen- lem, who believes in Allah and wishes to be Senator from Colorado, who had a ator from New Hampshire. rewarded, to comply with Allah’s order to question. Mr. GREGG. Mr. President, I thank kill Americans and plunder their money. Mr. ALLARD. I say to the Senator the Senator from Colorado. I appre- And most recently, in a tape recently from Maryland, I did have a question. I ciate his courtesy, and I appreciate his released just a week ago: just finished a bipartisan press con- leadership on the most important reso- The youth of Islam are preparing some- ference with the Secretary of State. He lution. His leadership has had an inte- thing to strike fear in your hearts—— said the diplomats, our negotiators at gral impact on how this resolution was Referring to America—— the United Nations, felt they needed designed, and he has been a leader on and will target the vital sections of your the strongest position possible in order addressing what is obviously the major economy until you renounce your injustice to make their negotiations end in a national security issue which we con- and hostility. successful way. I was struck by your front as a Nation today. This is an enemy who has called to comments and your support for the I—like many Americans, hopefully— arms the people who believe in him and Levin amendment. I wonder if you have followed the debate in this Cham- follow him for the purposes of killing could respond to his comments that we ber. I have been interested in the tenor Americans as defined by his own lan- just had, about 12:30 or so. and tempo of the debate. I believe it guage: ‘‘civilian and military.’’ That is Ms. MIKULSKI. I say to the Senator, has obviously been serious and sub- the enemy we confront in al-Qaida. I did not hear his comments at the stantive in its approach to how we ad- And what is the relationship to Iraq? press conference. dress the question of this resolution, First off, we must look at the history I applaud Secretary Powell. I think which will authorize the President to of our relationship and of Iraq’s rela- his is a vigorous effort to try to resolve take such action as is necessary in tionship in the area of military activ- the situation through diplomatic order to protect our Nation relative to ity. Saddam Hussein has attacked his means, to send a message to Saddam Iraq, and to work with the United Na- neighbors, neighboring nations twice. that he should voluntarily disarm and tions in that undertaking. He has mercilessly—mercilessly—sup- let the inspectors in. One of the things, however, I have pressed his own people, especially the That might not work. But it is then also noted is there is almost a soph- Kurdish minority within Iraq. He has up to the U.N., as the President said istry being presented here. For exam- invaded Iran and Kuwait. when he spoke to them, to take respon- ple, I heard one presentation, talking He has also developed and used weap- sibility; to therefore authorize action about whether or not we were pursuing ons of mass destruction. ‘‘Weapons of to enforce their own resolutions so the preventive war versus preemptive war, mass destruction’’ is a terribly anti- United States of America is not doing in which there was almost a rather septic term. But what it means is, he is this all by ourselves. It is not America nice dissertation of what I would call essentially willing to spread disease versus Saddam. It should be the inter- political science 101 on the difference which will kill thousands—tens of national community against Saddam between preemptive war and preventive thousands—of people in order to obtain because, I think you would agree, he is war, and whether or not we, as a Na- his purpose. And he has done it. He has a despicable cad. tion, had a right to pursue a preventive used biological weapons. He has used Mr. ALLARD. I would agree with war versus a preemptive war. chemical weapons against the Iranians that. But I think the point was being I would simply point out we are at and against the Kurdish people in his made, if we have a strong resolution, it war. We are not initiating war. We are own country, killing literally thou- would be less likely we would be out not in the process of striking an enemy sands of people. there by ourselves. If we had some by whom we have not been struck. Two Of course, we went to war with Iraq weaker position, and we went in—— Embassies in Africa were attacked. in the early 1990s. So our history with Ms. MIKULSKI. Going where, sir? Hundreds of people died. An American Iraq is significant, as we recognize they Going to the U.N. or going back to Sad- ship in Yemen was attacked. Many are governed by an outlaw and, as a re- dam? I am sorry, who is negotiating sailors died. And, of course, on Sep- sult, have been a nation functioning with whom? Are you talking about the tember 11, thousands of Americans died outside of the civil discourse of orga- U.N. negotiating with Saddam or Sec- in America as a result of an attack. nized nations. retary Powell negotiating within the We are at war. We did not ask for it. But why is it important we confront U.N.? We did not initiate it, but we have no them at this time and in this context?

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10080 CONGRESSIONAL RECORD — SENATE October 8, 2002 It is important because of the weapons So the possibility that a weapon of wait and rely on good intentions would of mass destruction which they have. If mass destruction which has been devel- be an error of policy which might lead this were the world prior to 1980, let us oped—and we know they have been de- to the death of many Americans. We say, when weapons of mass destruction veloped within Iraq, biological and can’t afford that risk. We must insist, were not so readily available, or na- chemical weapons—could fall into al- as the President has said, on the disar- tions which had them were governed by Qaida hands or people representing the mament of the Hussein regime; specifi- governments which had at least some same concepts of al-Qaida is distinct. cally, the disarmament of their weap- modicum of responsibility, then you We also know that Iraq is moving ons of mass destruction, in a manner might not look at a tyrant such as forward with a nuclear program, that which is absolutely confirmable, where Hussein and say you needed to do any- they wish to have a nuclear bomb, and we know without question that it has thing: Let him, regrettably, do his that they may well have it, if they are occurred and that those weapons have harm to his neighbors and his nation. able to get fissile material within a not been moved into other places of It is not affecting us. year; if not, within 3 or 4 years. They hiding or into other hands, which may The problem is, after September 11, are much further down the road toward cause greater harm. we, as a country, cannot take such an obtaining nuclear weapons than we What the resolution before us does is isolationist view, for we know there is even anticipated when we had the war give the President the authority to ac- an enemy out there called al-Qaida with them in the early 1990s. That was complish those goals. To fail to give that has stated, unequivocally, their terminated then but has been re- the President the authority to accom- purpose is to kill Americans and de- started. plish those goals would be, in my opin- stroy our society and culture. And we So what are we to do about this? The ion, an act of gross negligence, a fail- have seen them take action to do that U.N. has passed 16 resolutions, the ure of our responsibility as a govern- on September 11, and in Africa at our basic purpose of which is to try to dis- ment to defend our people. Embassies, and at the USS Cole. arm Saddam Hussein and his govern- We are at war. We have been at- We also know there is another nation ment, specifically in the area of weap- tacked. Americans have been killed. out there, run by a tyrant, who is a ons of mass destruction. There is no And if Mr. bin Laden and his people murderous individual, who has weapons civilized nation today that does not un- have their way, more will be killed. which are capable of exacting mas- derstand the threat that is represented If we are to defend ourselves, we sive—massive—amounts of damage and by having a government headed by a must be assured that the most threat- loss of life, if used. tyrant such as Saddam Hussein having ening weapons they can use will not be The threat, obviously, is that the two weapons of mass destruction. used against Americans. Therefore, we should be joined or that the tyrant So the U.N. has made a conscientious must take action relative to Iraq. This should just unilaterally use these effort to address this with these 16 res- resolution empowers the President to weapons. Why is that threat legiti- olutions. Of course, Saddam Hussein accomplish that. That is why I intend mate? It is legitimate because there is has ignored those, lied about what he is to vote for it. significant common sense which tells doing, and he ejected the inspectors, I yield the floor. us that it may be joined. which leads us to the point we are at Mr. ALLARD. Mr. President, I con- There have been reports not by today. gratulate the Senator from New Hamp- American news media or by American This resolution has as its funda- shire for a very fine statement. I notice intelligence services but by Arab mental purpose the disarmament of that our colleague from North Carolina sources which have made it clear that Saddam Hussein, taking away his has arrived in the Chamber, and we there is a cross-fertilization between weapons of mass destruction. If, as a have Senator JEFFORDS scheduled to the Hussein government and al-Qaida. corollary to that, a regime change oc- speak at 3. I ask the Senator from Reports appearing in a Karachi news- curred in Iraq, that would be for the North Carolina, does he need a minute paper, the Ummat, on November 22 car- betterment of the world, I suspect. But or two to make a comment? ried an article saying that Saddam the vital purpose here is to terminate Mr. HELMS. I thank the Chair, but I Hussein has offered asylum to the top the capacity to have and to use weap- cannot use the time now. Taliban and al-Qaida leadership, in- ons of mass destruction, either by Iraq Mr. ALLARD. Mr. President, I sug- cluding Osama bin Laden and Mullah or by a client of Iraq or by an ally of gest the absence of a quorum. Omar. In this regard, a delegation led Iraq or by al-Qaida specifically. The PRESIDING OFFICER. The by a senior official in the Iraqi Govern- It is a totally legitimate national se- clerk will call the roll. ment, Taha Hussein, met with Mavlana curity purpose that we should pursue. The legislative clerk proceeded to Jalal ud-Din Haqqani—I hope I pro- The President has outlined the need to call the roll. nounced that correctly, but consid- accomplish this. What he has essen- Mr. REID. Mr. President, I ask unan- ering his purposes, I don’t really care— tially said, and appropriately so, is imous consent that the order for the in Qatar and conveyed Saddam Hus- that we will support the U.N. effort to quorum call be rescinded. sein’s offer to him. accomplish this. But if the U.N. is un- The PRESIDING OFFICER. Without If the report is true, then it is at able to accomplish it, then our na- objection, it is so ordered. least the second time Saddam Hussein tional security is so important, so Mr. REID. Mr. President, I was has offered bin Laden asylum. A report overriding, that we should take action speaking to the manager of the bill, in the Christian Science Monitor cited with our allies to accomplish this. Senator ALLARD. He is scheduled to Arab sources which it considered to be That is the only reasonable approach speak after Senator JEFFORDS, who is legitimate that, according to Hassan when you confront a threat of this sig- not here. I ask unanimous consent that Mohammed, who claims to have nificance. Senator ALLARD be recognized for 20 worked for two decades for Iraq intel- There are some in this body who have minutes and that Senator JEFFORDS ligence services, graduates of an Iraqi essentially said we should pursue what follow him. school were intimately involved in I call the good intentions approach. The PRESIDING OFFICER. Without training both Assad al Hassan and al- That is an American trait—that we do objection, it is so ordered. Qaida cells, and the quote is: give people the benefit of the doubt. The Senator from Colorado is recog- My information is that the Iraqi Govern- But the good intentions approach in nized. ment was directly supporting al-Qaida with this area—hoping that things will work Mr. ALLARD. I thank the Senator weapons and explosives. out through a policy of containment— from Nevada. There are more and more reports like has not worked. Mr. President, today, I rise in strong this. It is also logical, logical because We know for a fact that Hussein and support of S.J. Res. 46, the bipartisan Osama bin Laden and his people have his people have ignored the 16 resolu- joint resolution to authorize the use of made it clear that those who consider tions and that they are developing the U.S. Armed Forces against Iraq. us an enemy are their allies. Therefore, weapons of mass destruction, and they First, I want to praise the President Iraq is a natural ally to them, and vice actually possess them. We know for a for his leadership and for reaching out versa. fact that they may well use them. To to all Members of this body. I am proud

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10081 to be an original cosponsor of S.J. Res. UNSCR 686—March 2, 1991 Iraq must not utilize its military or other 46 with Senators LIEBERMAN, MCCAIN, Iraq must release prisoners detained dur- forces in a hostile manner to threaten its WARNER, BAYH, DOMENICI, HELMS, ing the Gulf War. neighbors or UN operations in Iraq. Iraq must cooperate fully with UN weapons HUTCHISON, LANDRIEU, and MILLER. Iraq must return Kuwaiti property seized inspectors. These Senators are leaders of the Sen- during the Gulf War. Iraq must accept liability under inter- Iraq must not enhance its military capa- ate, and I am proud to be associated national law for damages from its illegal in- bility in southern Iraq. with them on this important matter. vasion of Kuwait. UNSCR 1051—March 27, 1996 Also, I want to commend the leader- UNSCR 687—April 3, 1991 Iraq must report shipments of dual-use ship of the other body for their leader- Iraq must ‘‘unconditionally accept’’ the de- items related to weapons of mass destruction ship in brokering this agreement be- struction, removal or rendering harmless to the UN and IAEA. tween the administration, the Senate, ‘‘under international supervision’’ of all Iraq must cooperate fully with UN and and the House. ‘‘chemical and biological weapons and all IAEA inspectors and allow immediate, un- I know this debate will be vigorous in stocks of agents and all related subsystems conditional and unrestricted access. nature and serious in tone, which is ex- and components and all research, develop- UNSCR 1060—June 12, 1996 actly how such a debate should take ment, support and manufacturing facilities.’’ ‘‘Deplores’’ Iraq’s refusal to allow access to place. One of our most solemn duties as Iraq must ‘‘unconditionally agree not to UN inspectors and Iraq’s ‘‘clear violations’’ acquire or develop nuclear weapons or nu- Senators is when we are called upon to of previous UN resolutions. clear-weapons-usable material’’ or any re- Iraq must cooperate fully with UN weapons cast a vote on whether to send our men search, development or manufacturing facili- and women in uniform into harm’s inspectors and allow immediate, uncondi- ties. tional and unrestricted access. way. Quite simply, this is one of the Iraq must ‘‘unconditionally accept’’ the de- most serious votes any Member will struction, removal or rendering harmless UNSCR 1115—June 21, 1997 make. ‘‘under international supervision’’ of all ‘‘Condemns repeated refusal of Iraqi au- I remember, as a new Member of Con- ‘‘ballistic missiles with a range greater than thorities to allow access’’ to UN inspectors, which constitutes a ‘‘clear and flagrant vio- gress in 1991, one of my first votes was 150 KM and related major parts and repair and production facilities.’’ lation’’ of UNSCR 687, 707, 715, and 1060. whether to go to war in the Persian Iraq must not ‘‘use, develop, construct or Iraq must cooperate fully with UN weapons Gulf. Just like in 1991, voting on this acquire’’ any weapons of mass destruction. inspectors and allow immediate, uncondi- resolution will be a tough vote. But Iraq must reaffirm its obligations under tional and unrestricted access. that is why we are here—to take a the Nuclear Non-Proliferation Treaty. Iraq must give immediate, unconditional stand, state what we believe, and make Creates the United Nations Special Com- and unrestricted access to Iraqi officials the tough votes. In the end, I hope this mission (UNSCOM) to verify the elimination whom UN inspectors want to interview. debate will show that the Senate, de- of Iraq’s chemical and biological weapons UNSCR 1134—October 23, 1997 spite any disagreements, is united in programs and mandated that the Inter- ‘‘Condemns repeated refusal of Iraqi au- national Atomic Energy Agency (IAEA) thorities to allow access’’ to UN inspectors, its resolve against Saddam Hussein. verify elimination of Iraq’s nuclear weapons Mr. President, the United States has which constitutes a ‘‘flagrant violation’’ of program. UNSCR 687, 707, 715, and 1060. basically been at war with Iraq ever Iraq must declare fully its weapons of mass Iraq must cooperate fully with UN weapons since the Persian Gulf conflict. In April destruction programs. inspectors and allow immediate, uncondi- 1991 and August 1992, the northern and Iraq must not commit or support ter- tional and unrestricted access. the southern no-fly zones were estab- rorism, or allow terrorist organizations to Iraq must give immediate, unconditional lished in order to enforce United Na- operate in Iraq. and unrestricted access to Iraqi officials Iraq must cooperate in accounting for the whom UN inspectors want to interview. tions Resolution 688. Since then, U.S., missing and dead Kuwaitis and others. British, and coalition aircraft patrol- Iraq must return Kuwaiti property seized UNSCR 1137—November 12, 1997 ling these no-fly zones have been fired during the Gulf War. ‘‘Condemns the continued violations by upon by Iraq more than 2,500 times and UNSCR 688—April 5, 1991 Iraq’’ of previous UN resolutions, including over 400 times this year alone. How- its ‘‘implicit threat to the safety of’’ aircraft ‘‘Condemns’’ repression of Iraqi civilian operated by UN inspectors and its tampering ever, despite the daily threat in the no- population, ‘‘the consequences of which fly zones, our pilots have only fired with UN inspector monitoring equipment. threaten international peace and security.’’ Reaffirms Iraq’s responsibility to ensure back in response 44 times. Iraq must immediately end repression of the safety of UN inspectors. Saddam Hussein has repeatedly de- its civilian population. Iraq must cooperate fully with UN weapons fied sixteen United Nations resolutions Iraq must allow immediate access to inter- inspectors and allows immediate, uncondi- which were designed to ensure that national humanitarian organization to those tional and unrestricted access. in need of assistance. Iraq would no longer be a threat to UNSCR 1154—March 2, 1998 UNSCR 707—August 15, 1991. international peace and security. Plus, Iraq must cooperate fully with UN and the United Nations Security Council ‘‘Condemns’’ Iraq’s ‘‘serious violation’’ of IAEA weapons inspectors and allow imme- has issued 30 statements regarding UNSCR 687. diate, unconditional and unrestricted access, ‘‘Further condemns’’ Iraq’s noncompliance Saddam Hussein’s violations of these 16 and notes that any violation would have the with IAEA and its obligations under the Nu- ‘‘severest consequences for Iraq.’’ resolutions. At this time, I ask unani- clear Non-Proliferation Treaty. mous consent that a list provided by Iraq must halt nuclear activities of all UNSCR 1194—September 9, 1998 the White House of the 16 United Na- kinds until the Security Council deems Iraq ‘‘Condemns the decision by Iraq of 5 Au- tions Security Council Resolutions and in full compliance. gust 1998 to suspend cooperation with’’ UN a list of Council statements regarding Iraq must make a full, final and complete and IAEA inspectors, which constitutes ‘‘a the violations be printed in the disclosure of all aspects of its weapons of totally unacceptable contravention’’ of its mass destruction and missile programs. obligations under UNSCR 687, 707, 715, 1060, RECORD. Iraq must allow UN and IAEA inspectors 1115, and 1154. There being no objection, the mate- immediate, unconditional and unrestricted Iraq must cooperate fully with UN and rial was ordered to be printed in the access. IAEA weapons inspectors, and allow imme- RECORD, as follows: Iraq must cease attempts to conceal or diate, unconditional and unrestricted access. U.N. SECURITY COUNCIL RESOLUTIONS AND move weapons of mass destruction, and re- UNSCR 1205—November 5, 1998 COUNCIL STATEMENTS REGARDING VIOLATIONS lated materials and facilities. ‘‘Condemns the decision by Iraq of 31 Octo- Iraq must allow UN and IAEA inspectors to DEFIED UN SECURITY COUNCIL RESOLUTIONS BY ber 1998 to cease cooperation’’ with UN in- conduct inspection flights throughout Iraq. SADDAM HUSSEIN spectors as ‘‘a flagrant violation’’ of UNSCR Iraq must provide transportation, medical 687 and other resolutions. UNSCR 678—November 29, 1990 and logistical support for UN and IAEA in- Iraq must provide ‘‘immediate, complete Iraq must comply fully with UNSCR 660 spectors. and unconditional cooperation’’ with UN and (regarding Iraq’s illegal invasion of Kuwait) UNSCR 715—October 11, 1991 IAEA inspectors. ‘‘and all subsequent relevant resolutions.’’ Iraq must cooperate fully with UN and Authorizes UN Member States ‘‘to use all UNSCR 1284—December 17, 1999 IAEA inspectors. necessary means to uphold and implement Created the United Nations Monitoring, resolution 660 and all subsequent relevant UNSCR 949—October 15, 1994 Verification and Inspections Commission resolutions and to restore international ‘‘Condemns’’ Iraq’s recent military deploy- (UNMOVIC) to replace previous weapon in- peace and security in the area.’’ ments toward Kuwait. spection team (UNSCOM).

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10082 CONGRESSIONAL RECORD — SENATE October 8, 2002 Iraq must allow UNMOVIC ‘‘immediate, Syrian pipeline is the largest export bates about how long it will take them to unconditional and unrestricted access’’ to method of Iraqi oil, with an Iraq-Jor- reach this level of readiness or that level of Iraqi officials and facilities. dan pipeline scheduled to be oper- readiness with respect to these weapons. But Iraq must fulfill its commitment to return ational in 2005. no one can doubt two things: one, they are in Gulf War prisoners. violation of these resolutions—there’s no de- Calls on Iraq to distribute humanitarian The United States attempted to gar- bate about that; and secondly, they have not goods and medical supplies to its people and ner support for ‘‘Smart Sanctions’’ in lost the interest to develop these weapons of address the needs of vulnerable Iraqis with- early 2001, but this attempt met tepid mass destruction. Whether they are one day, out discrimination. reception by the international commu- five days, one year or seven years away from ADDITIONAL UN SECURITY COUNCIL STATEMENTS nity. Russia, China, and France have any particular weapons, whether their stock- In addition to the legally binding UNSCRs, negotiated substantial contracts with pile is small, medium or large, what has not the UN Security Council has also issued at Iraq which would be executable upon been lost is the interest to have such weap- least 30 statements from the President of the lifting of U.N. sanctions. Under the Oil ons of mass destruction. UN Security Council regarding Saddam Hus- for Food program, food import levels Secretary Powell also made it clear sein’s continued violations of UNSCRs. The exceed and oil revenue is comparable that we aren’t alone in our concern re- list of statements includes: to pre-Gulf war levels. The program ex- garding the threat of Saddam Hussein. UN Security Council Presidential State- periences periodic progressive adjust- Referencing Arab leaders and their ment, June 28, 1991. thoughts regarding Saddam, Secretary UN Security Council Presidential State- ments in its export ceiling in response ment, February 5, 1992. to growing international concern about Powell added, ‘‘There is no question in UN Security Council Presidential State- the Iraqi humanitarian condition. their minds that he’s a threat to re- ment, February 19, 1992. However, Saddam Hussein consist- gional stability and peace. There is no UN Security Council Presidential State- ently circumvent’s the economic sanc- question in their minds that he is a ment, February 28, 1992. tions and attempts to thwart the oil threat to the region and has dem- UN Security Council Presidential State- for food program. Saddam’s regime has onstrated previously his willingness to ment, March 6, 1992. use weapons of mass destruction. And UN Security Council Presidential State- exported thousands of barrels of oil ment, March 11, 1992. each day in violation of UN resolutions there is no doubt in their minds that UN Security Council Presidential State- and he completely disregards the hu- he continues to have the intent to de- ment, March 12, 1992. manitarian well-being of his own peo- velop these weapons of mass destruc- UN Security Council Presidential State- ple. By illegally exporting this oil, he tions.’’ ment, April 10, 1992. has deprived the Iraqi people billions of So what now—what do we do? Do we UN Security Council Presidential State- dollars in food and medicine which hope that Saddam Hussein goes gently ment, June 17, 1992. would have been allowed under the pro- into the night or do we finally stand up UN Security Council Presidential State- to this dictator and let the world know ment, July 6, 1992. gram. UN Security Council Presidential State- The living conditions of the Iraqi that Saddam Hussein can no longer ment, September 2, 1992. people are intolerable. Saddam Hussein thumb his nose at the international UN Security Council Presidential State- has expanded his violence against community. ment, November 23, 1992. women and children, withheld food and We only need to go back a few weeks UN Security Council Presidential State- medicine from his own citizens, and to see Saddam’s duplicity. On Sep- ment, November 24, 1992. violated the basic human rights of the tember 16, 4 days after the President’s UN Security Council Presidential State- Iraqi people. speech at the U.N., the Iraqi govern- ment, January 8, 1993. ment announced it would uncondition- UN Security Council Presidential State- Mr. President, some have blamed the ment, January 11, 1993. oil for food program and the economic ally allow the return of U.N. inspec- UN Security Council Presidential State- sanctions for these conditions. But let tors. However on September 20, Iraq ment, June 18, 1993. us be very clear, the reason for these backpeddled on its previous announce- UN Security Council Presidential State- intolerable conditions and why we are ment by stating that the definition of ment, June 28, 1993. debating this topic today lay at the ‘‘unconditional access’’ means no UN Security Council Presidential State- feet of Saddam Hussein and his regime. ‘‘presidential sites’’ and 24 hours notice ment, November 23, 1993. To quote Secretary of State Powell before any inspection.’’ UN Security Council Presidential State- My reaction to this new definition of ment, October 8, 1994. from a Foreign Relations Committee UN Security Council Presidential State- hearing on September 26, ‘‘Iraq stands ‘‘unconditional’’ by Iraq is best ment, March 19, 1996. guilty. It convicts itself by its ac- summed up in an October 3 Denver UN Security Council Presidential State- tions.’’ Post editorial when it stated, ‘‘Sad- ment, June 14, 1996. The threat of Saddam Hussein is real dam, there you go again.’’ UN Security Council Presidential State- and is growing. Iraq enjoys a sizable I ask unanimous consent that the en- ment, August 23, 1996. military advantage over all Gulf States tire article entitled ‘‘Saddam Must UN Security Council Presidential State- except Iran. Iraq’s 424,000 military per- Open Palaces’’ be printed in the ment, December 30, 1996. RECORD. UN Security Council Presidential State- sonnel outnumber the combined per- ment, June 13, 1997. sonnel total of all U.S. Gulf allies. Iraq There being no objection, the article UN Security Council Presidential State- continues to pursue weapons of mass was ordered to be printed in the ment, October 29, 1997. destruction, and is attempting to ac- RECORD, as follows: UN Security Council Presidential State- quire a nuclear capability. According [From the Denver Post, Oct. 3, 2002] ment, November 13, 1997. to recent reports, it is estimated that SADDAM MUST OPEN PALACES UN Security Council Presidential State- if Iraq were to obtain fissile material Saddam, there you go again. Pardon the ment, December 3, 1997. paraphrasing of Ronald Reagan, but Saddam UN Security Council Presidential State- then Saddam Hussein could build a nu- Hussein’s offer to allow weapons inspectors ment, December 22, 1997. clear bomb within months. United Na- back into his country under current United UN Security Council Presidential State- tions Special Commission has identi- Nation rules—the same rules he has willfully ment, January 14, 1998. fied gaps in accounting for Iraq’s cur- and flagrantly violated for years—is pure Source: White House. rent chemical stockpiles and capabili- smoke-and-mirrors diplomacy. Mr. ALLARD. After the Persian Gulf ties and has not accounted for hun- Under those rules, Saddam’s palaces would conflict, the international community dreds of tons of chemical precursors be off limits to inspectors. levied economic sanctions and estab- and 1000’s of delivery warheads. Any inspection of Iraq must be unfettered. lished the ‘‘Oil for Food’’ program. UNSCOM also reported that Iraq has Otherwise, what’s the point? However, these sanctions have largely understated their declarations regard- It’s simply Saddam trying to stay one step eroded due to the lack of resolve by the ing the extent of its biological agents. ahead of the United States, with catch-me-if- international community and the re- you-can stall tactics. Again, I would like to quote Sec- The Iraqi dictator has been spending bil- ality of Iraq’s substantial illicit trade. retary Powell from the same hearing, lions since the Persian Gulf War building Turkey and Jordan import Iraqi oil via when he stated: what the U.S. government believes to be doz- truck routes, Iran escorts oil tankers We can have debates about the size and na- ens of mammoth desert palaces. Meanwhile, through territorial waters, an Iraq- ture of the Iraqi stockpile. We can have de- his people starve. (Saddam cleverly blames

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10083 U.N. sanctions for keeping food and medicine not allow the United Nations or any will not sit idly by and hope that Sad- out of his country, yet somehow finds the permanent member of the Security dam Hussein does nothing while the marble and gold to build palaces.) Council with veto power, to control our U.N. talks, and talks, and talks. Who’s he trying to fool? national security policy. And that is I believe President Bush summed up Well, France, Russia and China for start- our task at hand during his speech last ers. Those three permanent, voting members why I support this resolution. of the U.N. Security Council have not yet S.J. Res 46 does not advocate force, night in Cincinnati when he stated: backed the United States’ push to require but it does not preclude it. It uses force We did not ask for this present challenge, open weapons inspections, destruction of any as the last resort, the very last. The but we accept it. Like other generations of weapons of mass destruction and the use of resolution basically states that the Americans, we will meet the responsibility military force if Iraq doesn’t comply. of defending human liberty against violence President is granted authority to use and aggression. By our resolve, we will give President Bush was right in going to the force if he determines that: United Nations to remind its members how strength to others. By our courage, we will Saddam has consistently and brazenly (1) reliance by the United States on further give hope to others. By our actions, we will laughed off its rules. diplomatic or other peaceful means alone ei- secure the peace, and lead the world to a bet- It was a big step toward building a much- ther (A) will not adequately protect the na- ter day. needed world consensus for striking Iraq. tional security of the United States against Mr. President, I end on a personal But if getting U.N. Security Council ap- the continuing threat posed by Iraq or (B) is note about this Senate. As I look proval requires us to work under old rules, not likely to lead to enforcement of all rel- across the aisle and see the ‘‘Con- such as those where palaces are off limits, evant United Nations Security Council reso- lutions regarding Iraq, and science and Historian of the Senate’’, the world, and those three countries, must the wonderful senior Senator from know the United States will act without (2) acting pursuant to this resolution is them. consistent with the United States and other West Virginia—with whom I find it a The U.N. can’t fall for Saddam’s old tricks. countries continuing to take the necessary honor to serve—and as I see Members Congress on Wednesday was moving for- actions against international terrorists and of this Senate debate and disagree on ward with a strongly worded resolution that terrorist organizations, including those na- this resolution, it is during these de- gives Bush authority to attack Iraq if diplo- tions, organizations or persons who planned, bates I am in awe of this great country matic measures fail. authorized, committed or aided the terror- and this great institution. Unlike so Bush, in turn, must certify to Congress be- ists attacks that occurred on September 11, many other nations, we can debate war 2001. fore an attack, or within 48 hours, that diplo- and peace and at the end of the day matic and other peaceful means alone aren’t I believe Secretary Powell clarified there is no fracture in the fiber of de- enough to protect Americans. the administration’s position even fur- ‘‘We will not leave the future of peace and mocracy that makes America great. It ther regarding the use of force during is this which we all wish for Iraq and the security of America in the hands of this the September 26 hearing by stating, cruel and dangerous man,’’ Bush said for the Iraqi people. I look forward to Wednesday from the White House Rose Gar- ‘‘Yes, he [the President] wants the au- the day when real democratic elections den. thority to carry out those resolutions occur and when the voices of the Iraqi As he spoke, he was flanked as usual by where he believes force is the appro- people, which have been silenced for Republicans, but also by what seems to be a priate way to get implementation of too long, will be heard. growing number of Democrats. those resolutions. I think it unlikely Mr. President, I yield to the Senator Perhaps it’s the approaching election. Or the President would use force—if he from Vermont who is speaking next. perhaps, as we hope, it’s the morning brief- [Saddam Hussein] complied with the The PRESIDING OFFICER (Mr. ings with congressional leaders where Bush weapons of mass destruction condi- is privately detailing why he considers Iraq KOHL). The Senator from Vermont is an imminent threat. tions, it seems very unlikely that any- recognized. For whatever reason, one of his potential body would be using force to comply Mr. JEFFORDS. I thank my good rivals in 2004 strongly foreshadowed Wednes- with any of the other resolutions.’’ friend. day that soon both parties will be singing Much of this debate is about when to Mr. President, I have come to dis- with ‘‘one voice,’’ as Bush predicted last pass this resolution. Should we pass a cuss, not unexpectedly, the situation in week. resolution before the United Nations Iraq and what our country ought to do Sen. Joe Lieberman, D-Conn., said the ad- acts or should we wait until after the in response to that threat. ministration has exhausted all non-military United Nations acts? I believe this Sen- As has happened many times before means to disarm Saddam. ate should act prior to the United Na- when faced with a potential threat to ‘‘They’ve not worked,’’ he said. ‘‘The mo- our national security and to the secu- ment of truth has arrived for Saddam Hus- tions to show that we speak with one sein. This is his last chance.’’ voice in the importance of disarming rity of our allies, we must carefully We’ve heard that before. Let’s hope this Saddam Hussein. I agree with Sec- evaluate that threat, and decide how time it’s true. retary Powell and former Secretary of best to deal with it. Mr. ALLARD. Mr. President, I wish State Albright when they both stated It is imperative we not make a rash decision that will have lasting con- to quote a few passages from the edi- that the United States would be in a sequences for generations to come. torial: much better position to prevail in the I am very disturbed by President United Nations if the administration Any inspection of Iraq must be unfettered. Bush’s determination that the threat had a congressionally approved resolu- Otherwise, what’s the point? It’s simply Sad- from Iraq is so severe and so immediate dam trying to stay one step ahead of the tion in their pocket. that we must rush to a military solu- United States, with catch-me-if-you-can Passing this resolution in no way stall tactics. tion. I do not see it that way. precludes the United Nations from act- I have been briefed several times by Later in the editorial it states: ing, nor should it lessen the resolve of Defense Secretary Rumsfeld, CIA Di- President Bush was right in going to the this administration to gain such sup- rector Tenet, and other top administra- United Nations to remind its members how port, but I believe a vote on this reso- tion officials. I have discussed this Saddam has consistently and brazenly lution will show our resolve to the laughed off its rules. It was a big step toward issue with the President. I have heard world that we want the United Nations nothing—nothing—that convinces me building a much-needed world consensus for to act. However, if the United Nations striking Iraq. But if getting U.S. Security that an immediate preemptive military Council approval requires us to work under is determined to follow the same strike is necessary or that it would fur- old rules, such as those where palaces are off course it has over the last 10 years, ther our interests in the long term. limits, the world, and those three countries then Saddam Hussein must understand Saddam Hussein’s desire to acquire (France, China, and Russia), must know the that the United States will act alone. weapons of mass destruction is of grave United States will act without them. The On August 20, 1998, President Clinton concern. Based on the information that U.N. can’t fall for Saddam’s old tricks. addressed the Nation and said, ‘‘The has been provided to me by this admin- I hope the United Nations Security risks of inaction to America and the istration, I believe this threat is best Council will devise a new tough resolu- world would be far greater than action, dealt with in the context of the United tion which will demand ‘‘unconditional for that would embolden our enemies, Nations. and unfettered’’ access to all sites. I do leaving their ability and their willing- The U.N. must move aggressively to not want to have to use force to disarm ness to strike us intact.’’ I do not want ensure unfettered inspections and bol- Saddam Hussein. However, I also will us to use force, but I also cannot and ster its efforts to stop the proliferation

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10084 CONGRESSIONAL RECORD — SENATE October 8, 2002 of materials that can be used in the Our greatest problem, it seems to me, against Saddam Hussein into efforts to production of weapons of mass destruc- is that we have very little good intel- prevent the emergence of the next nu- tion. ligence on what is going on inside Iraq. clear, chemical, or biological threat. I urge the U.N. Security Council to We know that Saddam Hussein’s inten- Strong efforts at strengthening inter- take immediate and strong action to tions are bad, but we don’t have a clear national nonproliferation regimes deal with Iraq and its infractions. picture of what his capabilities actu- would truly enhance our Nation’s fu- Should Iraq fail to comply with the ally are, or if a threat exists. Clearly, ture security. United Nations resolutions, it is in- we need to get United Nations inspec- In our preoccupation with Saddam cumbent on the United States to ag- tors on the ground immediately. The Hussein, we must not lose sight of po- gressively work with member nations inspectors must have unfettered access tential crises in several other areas of to develop a means to bring Iraq into to all suspected sites in Iraq. This is the world. The India-Pakistan nuclear compliance. proving to be a major challenge for the confrontation and the standoff over But at this time, I cannot in good United Nations, but the United Nations Kashmir have demanded a great deal of conscience authorize any use of mili- is much more likely to succeed if the American effort during the past year. tary force against Iraq other than in United States is squarely behind its ef- We cannot rule out a re-emergence of the context of a U.N. Security Council forts, and not standing off to the side, this nuclear threat. The conflict be- effort. secretly hoping that it will fail. tween Israel and the Palestinians con- If we receive information that the We should give the United Nations tinues to claim lives and threaten the threat is more imminent, or if the the opportunity to step forward and stability of the region. Without U.S. United Nations’ effort fails, then the deal with Iraq and its infractions. In prodding and even direct involvement, President should come back to Con- my estimation, the United States there is little chance that a peace proc- gress for consideration of the next step. stands to gain much more if we can ess could resume there. War with Iraq Providing the President with author- work with the United Nations to de- could have an inflammatory effect ization at this time for unilateral U.S. liver a multilateral approach to dis- upon that situation, and potentially military action would undercut U.N. arming Iraq, even providing military risk the security of Israel as well. A Security Council efforts to disarm Iraq. force, if necessary. If the United Na- war with Iraq would diminish our focus We must ensure that any action we tions fails to press for the disarmament on bringing stability to Afghanistan, take against Iraq does not come at the of Iraq or is blocked in its efforts, then risking a return of anarchy to an area expense of the health and strength of I would expect the President to come we have just given American lives to our Nation, or the stability of the back to Congress for further discussion stabilize. While Pakistan has stood with us this year, a lessening of U.S. international order upon which our of the alternatives. economic security depends. In view of this threat from Saddam attention to Afghanistan could signifi- I spoke at length on the Senate floor Hussein, which I believe is missing, I cantly undercut our influence in last week about pressing problems that urge the Congress not to adjourn sine Islamabad. And the larger war on ter- will determine the future strength of die upon completion of its work this rorism, our top concern just a few our Nation: fall, but to be ready to return to ses- months ago, would take a back seat to Grossly inadequate funding for edu- sion at any time prior to the New Year a protracted war with Iraq and a major reconstruction effort. Yes, we must cation, declining access to affordable if further action against Saddam Hus- worry about Saddam. But we must not health care, degradation of our envi- sein should become necessary. ronment, and erosion of pension secu- We must also work with the United do so in a manner that reduces our rity for many hard-working Americans. Nations to stop the flow of those mate- ability to deal with these other Saddam Hussein is as bad a dictator rials needed for producing weapons of threats. I fear that this administration is, as they come. His past actions speak mass destruction. There is a great deal perhaps unwittingly, heading us into a volumes about his true intentions. But more that we could do to tighten inter- miserable cycle of waging wars that is the only solution to this dilemma a national nonproliferation regimes. isolate our Nation internationally and military solution? Experience tells us Rather than supporting and empow- stir up greater hatred of America. This otherwise. Ten years of containment ering international efforts to stop the through enforcement of two no-fly cycle will generate more enemies, flow of nuclear materials and force while undercutting our support from a zones and U.N. economic sanctions greater transparency in chemical and have prevented Saddam Hussein from broad coalition of allies—coalitions biological commercial production fa- that have proven to be the hallmark of rebuilding his military to any signifi- cilities, the Bush administration has cant extent especially with respect to all successful peacemaking efforts in undercut these efforts and refused to recent years. our security. His military strength re- participate in attempts to strengthen We owe it to the American people not mains significantly weaker than when existing nonproliferation regimes. For to rush into a war, but to work with he moved against Kuwait more than a example, last fall, at the Biological the institutions that we fought so hard decade ago. Weapons Convention review con- to develop for just this eventuality. If There is much speculation about his ference, the Bush administration scut- multilateral efforts fail, then the weapons of mass destruction program, tled efforts by our closest allies, most President should come back to Con- but no evidence that he has developed notably Great Britain, to strengthen gress for consideration of the next a nuclear capability, and less that he the international biological weapons course of action. I cannot support a could deliver it. While there is talk of inspection regime. resolution that puts this Nation on a cooperation between Iraq and al-Qaida, The administration has actively un- path to war without first exhausting and I don’t doubt that there has been dermined efforts to monitor and verify diplomatic efforts. Now is the time to some cooperation, I have not seen any the existing international moratorium put the international system to work hard evidence of close cooperation. on nuclear weapons testing. for us, and consider unilateral military There is, however, a great deal of evi- Additionally, we should be putting action only as a last resort. dence of Saddam’s paranoia and his dis- more resources into the Nunn-Lugar I yield the floor. trust of all but his closest inner circle. program, which has had some success The PRESIDING OFFICER. The as- He has wiped out any viable political at preventing the export from the sistant majority leader. opposition and tightly holds all the former Soviet Union of nuclear weap- Mr. REID. Mr. President, we are run- reins of control. Even if he were to de- ons materials and scientific know-how. ning ahead of time with our scheduled velop a nuclear capability, which he Saddam Hussein is not the only de- speakers. I have not had an oppor- does not have, I have a hard time be- ranged dictator who is willing to de- tunity to speak to the manager of the lieving that Saddam Hussein would prive his people in order to acquire bill, but I have spoken to the staff. turn these weapons over to any organi- weapons of mass destruction. Senator KENNEDY comes to speak auto- zation, particularly a terrorist organi- Just think of what progress we could matically at 3:40. I ask unanimous con- zation, after he has paid so dearly to make on nonproliferation if we were to sent that Senator CLELAND be recog- acquire them. put one fraction of the cost of a war nized at 3:30 for 10 minutes.

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10085 The PRESIDING OFFICER. Without ‘‘or’’—two grounds of authority. It is than half of whom had received the ap- objection, it is so ordered. not a blank check. It is a check that propriate germ warfare vaccinations. The Senator from Colorado. can only be spent within the param- One Iraq report, reading from the ar- Mr. ALLARD. Mr. President, the eters set out in those two clauses. ticle in Time magazine 7 years ago, Senator from Connecticut will speak I might add, the Congress also is stated that shortly before invading Ku- for the next 10 minutes or so, and then given by the Constitution the power to wait in August of 1990, Saddam ordered we will be on schedule for our 3:30 appropriate funds. That is the ultimate a crash program to have a nuclear speaker. power that Congress has, to make sure weapon built by April of 1991. Mr. LIEBERMAN. Mr. President, as this is not a blank check either in Interestingly, a month before this ar- one of the four lead sponsors of the terms of what the money can be spent ticle was printed in Time magazine, amendment in the nature of a sub- for or how much money can be spent. Baghdad rushed to give some docu- stitute resolution, I appreciate very Questions have been raised about the ments to the U.N. to jump ahead of much the thoughtfulness of my col- urgency of this matter and the timing Saddam’s son-in-law, Hussein Kamel leagues in addressing the resolution we of the request by the President for this al-Majid, who had defected. He had put forward, including those who have authority. I said earlier today and I been a senior general in charge of the expressed reservations or objection to will say briefly again that in the case nuclear and biological weapons pro- it. I will take a few moments to re- of this Senator, I have believed now for gram. Hussein, according to the arti- spond to a few of those, as time allows. more than a decade that we have been cle, knew he could not keep him quiet, One of the concerns expressed was much too patient—in fact, have been in so he decided to try to make points that our resolution essentially provides error at the end of the Persian Gulf with the U.N. by producing a flood of the President with a blank check and, war for not moving to remove Saddam information. It was devastating in its at its worst, according to the critics, is Hussein from power when his military content in terms of the deadly toxins in derogation of the Constitution of the was in disarray. We knew what his of which he was developing an enor- United States. goals were, what his record was. We mous inventory. Respectfully, I object to both of knew by statements he made that he Of course, we know since the inspec- those descriptions. Let me take the had the ambition to be the leader of tors were ejected in 1998 and Saddam first, which is the question of the Con- the Arab world, the modern-day has now had, after his deception of the stitution. The Constitution says in ar- Saladin, to have Baghdad become the years that preceded, 4 years to build up ticle I, among the powers enumerated capital of the Arab world, of the Per- his inventory which our intelligence in section 8 that the Congress of the sian Gulf. That, of course, would be and allied intelligence confirm has United States is to have, is the power terrible for the Arab world, terrible for grown, remains, and is today more to declare war. That is stated. Inciden- the world, and terrible particularly for threatening and more powerful in tally, in the same clause there are the United States of America. terms of weapons of mass destruction, other powers: To grant letters of Over the last decade, for those who unconventional, than he had ever been marque and reprisal and make rules believe we are acting precipitously in before. concerning captures on land and water. passing and offering this resolution, we I want to go back to one final quote. Though the Congress of the United have tried everything else to get Sad- On February 15 of 1991, as we had won States, for various reasons, has not for- dam Hussein to keep the promise he a victory in the gulf war, Saddam said: mally declared war since December of made at the end of the gulf war. We Every Iraqi child, woman, and old man 1941, that is the effect of the resolution have tried sanctions, embargoes, in- knows how to take revenge. They will before the Senate, to authorize the spections, trade restrictions, the Oil avenge the pure blood that has been shed, no President to take military action to for Food Program, even limited mili- matter how long it takes. put American troops into combat, into tary action. None of them has worked. That is undoubtedly why Saddam war. That is the extent of the descrip- I repeat briefly some of the history. tried to assassinate former President tion in the Constitution. In February of 1991 after the Iraqi mili- Bush in 1993. That is why our State De- The authority that would be given to tary was vanquished in the Persian partment continues to designate Iraq the President under our resolution is Gulf war, Saddam Hussein, effectively under Saddam as a state sponsor of ter- entirely within that constitutional to preserve his leadership of that coun- rorist groups that have killed Ameri- grant to the Congress, which is to give try, signed an agreement accepting all cans. That is why we cannot rest until the President the authority to defend U.N. Security Council resolutions he is disarmed, which is the purpose of the national security of the United passed after his invasion of Kuwait as a this resolution—disarm or face mili- States—and again, no blank check condition for the termination of hos- tary action. here—against the continuing threat tilities. That included Resolution No. I yield the floor. posed by Iraq. It is targeted to that 687 which required that Iraq’s weapons The PRESIDING OFFICER. Under particular point, based on the conclu- of mass destruction be ‘‘destroyed, re- the previous order, the Senator from sions about Iraq’s danger to the United moved or rendered harmless.’’ In that Georgia is recognized for 10 minutes. States stated in the preamble or the Resolution 687, it goes on to require Mr. CLELAND. Mr. President, I find whereas clauses. ‘‘And’’—not ‘‘or’’—and that inspectors be allowed into Iraq. it the height of irony in the midst of this authority is given not only to pro- Saddam Hussein systematically with- our discussion on potential war with tect the security of the United States held information, used every available Iraq and potential use of force and against the threat imposed by Iraq and method of deception. I have an article committing young Americans into to enforce all relevant United Nations from Time magazine of September, harm’s way—and I indicated my sup- Security Council resolutions regarding 1995, 7 years ago, which describes how port yesterday for the bipartisan reso- Iraq. much we knew about the deception lution that would authorize the use of So one may disagree with the conclu- that Saddam Hussein—the cheating force to go after weapons of mass de- sions that those who are sponsoring and retreating, as the article said, that struction in Iraq—I find it ironic in the this resolution have reached about the Saddam Hussein had gone through to midst of this debate about whether to clear and present danger Iraq under frustrate the will of the United Nations commit American forces to a national Saddam Hussein represents to Amer- and how much we have learned in ad- objective somewhere in the world, that ica’s national security, but I respect- missions that were made as the United in the Washington Post yesterday an fully do not think anyone can convinc- States mobilized forces to invade Ku- article was entitled ‘‘New Pension Ben- ingly claim this resolution is in any wait: That the Iraqis had admitted efits Imperil Defense Bill. In Cost-Con- sense unconstitutional. It is well with- they had begun filling 191 bombs and scious Move, Bush Vows to Veto Entire in the authority granted to the Con- Scud missile warheads with deadly bio- Budget if Item Isn’t Eliminated.’’ gress under article I of the Constitu- logical agents such as anthrax and bot- The message in the article is dis- tion. Nor is it, in any sense, a blank ulism toxin, which were to be mounted turbing to me because the item re- check. It is circumscribed by the terms on missiles, planes, and drone aircraft ferred to is something called concur- I have just described, ‘‘and’’—not and dropped on enemy troops, fewer rent receipt.

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10086 CONGRESSIONAL RECORD — SENATE October 8, 2002 I might say currently under law the House and the Senate. It is my vada, who lost a limb in Korea. He had there is an untenable situation where, hope we can find the right compromise to make a choice. He cannot do both. if someone has served 20 years in the that will make sure we take care of our He spent time in the Air Force, in the American military and additionally veterans and retirees. I urge that the Marines, in the Army and, under this gets wounded in that service, they can- House and Senate adopt legislation goofy law he cannot draw both pen- not draw their retirement which they that will address this issue, and I ask sions if, in fact, he was entitled to have earned and their disability com- the President and the Secretary of De- them. pensation which they are entitled to, fense rethink their position and stand This is just senseless. So I appreciate concurrently. They cannot do that. So up for our veterans and military retir- very much the Senator from Georgia I find it ironic in the midst of the time ees who are unfairly affected by the recognizing the importance of this and when the President is calling upon us current law. We need to change it. lending his prestige. to authorize the use of force some- This body stood foursquare behind No one can come and speak on vet- where in the world, he is opposing the them. As a matter of fact, one of my erans’ matters with more authority use of concurrent receipt or the ability combat veterans in this great body than the Senator from Georgia. I say of our troops, our servicemen and here, fellow Vietnam veteran Senator to the Senator, not only have you re- women who have served 20 years or JOHN KERRY from Massachusetts, he ceived injuries, but you are also the more and get wounded in that effort, to and I and others are sending a letter to person who ran the Department of Vet- draw those entitlements concurrently. the President of the United States, erans Affairs. You have seen it from all He opposes that and has threatened to urging him to recant that position on sides. I appreciate very much your veto the almost $400 billion defense au- threatening to veto the very defense being here, helping on this legislation thorization bill because of that one authorization bill we will need to go to the conference committee must ap- item. That is unconscionable. the very war he is trying to crank up. prove. It is simply just unfair if they This article says the President has I see this as the height of irony. At do not. threatened to veto the defense author- one moment we are threatening to put Mr. BIDEN. Will the Senator yield ization bill for fiscal year 2003 in order our young Americans into harm’s way. for a question? to block the Defense Department from At the other moment the President Mr. CLELAND. I do. paying veterans and military retirees said he is going to veto the entire de- Mr. BIDEN. I apologize for not hear- the very compensation they have fense authorization bill because of one ing the Senator’s entire remarks. On earned. item. What is that one item we are what I heard at the end, I fully concur. I am puzzled. I am flabbergasted by paying at the request of this great Mr. WARNER. Will the Senator use the President’s position and the veto body? Those who serve 20 years or more his microphone? threat. He goes on television one night and get wounded, they get their just Mr. BIDEN. I beg your pardon. and threatens war to accomplish our due. Does the Senator actually believe the national objectives, and the next mo- I appreciate my colleague, Senator President would veto this? I mean, the ment says he is going to veto the en- REID from Nevada, for pushing this President speaks so glowingly and lov- tire defense authorization bill which issue and bringing it to national atten- ingly—and I believe he means it—about would help pay for that very war be- tion as the chairman of the Personnel our veterans and our responsibilities cause he doesn’t agree with the Sen- Subcommittee in the Armed Services and our obligations. If you laid out to ate’s position here, where we stand Committee. We feel very strongly in the American people what we are talk- foursquare behind those who have gone our committee and in the Armed Serv- ing about here, they would understand in the military, served more than 20 ices Committee of this body on this this just does not make sense. years, and gotten wounded. issue. Most people—who are not veterans, I can’t understand it. Surely, with all I yield the floor. who are not disabled, who do not par- the benefits and quality-of-life provi- Mr. REID. Will the Senator yield for ticipate in any way—I think assume sions we have in our laws supporting a question? the law is as you and Senator REID and our military families, and authorizing Mr. CLELAND. I yield. myself and others are trying to change weapons systems, and passing, as we Mr. REID. I worked on this situation it. passed in this body, a defense author- a long time. I appreciate the Senator I ask the Senator, A, do you really ization bill of $393.4 billion—that the from Georgia coming, lending your believe the President would veto this? President has threatened to veto this prestige, I underscore that, on this And, B, what is the real reason for the package over a question that ought to very important issue. As the Senator veto? I mean, is there something I am be a nonstarter, a no-brainer, is very said, this is a simple issue, whether missing here? alarming. The fact is, if somebody someone who has put in his time in the Mr. CLELAND. The Senator is right serves in the American military 20 military, whether it is 10 or 20 or what- in his sense of being absolutely dumb- years or more and gets wounded in that ever years it is—20 or 30—whatever it founded by this. I am absolutely per- service, what they are actually entitled is, and then, I say to my friend from plexed. I would certainly hope the to is not authorized. Georgia, the distinguished Senator, President of the United States, the I challenge anyone who opposes the then finds himself, because he has a Commander in Chief, would not veto a repeal of the concurrent receipt: Just disability—it could be 100 percent or defense authorization bill worth $394 what are we talking about here? What whatever percent disability—he has to billion, that this body passed, on a spu- is the cost to our military personnel make a choice. He can’t get both pen- rious issue that it costs money to pay who put their lives on the line? And sions, both of which are earned. those who fight our wars. It sure does, what is the cost to our Nation when no- If there were ever an example of how especially those who get wounded in body else wants to do that because we a country owes this to these people, our wars. It sure does. If we can find are not giving them their just due? We this is it. I say to my friend from Geor- the money for war, certainly we can have to address this issue and protect gia, thank you very much. The Senator find the money to take care of those our military retirees and veterans. To from Georgia, I know, as I do, goes to who fight our wars. It is just as simple ignore it is actually the height of hy- VFW halls and the other veterans’ or- as that to me. pocrisy, and dishonors the very men ganizations, and we see there large So I thank the Senator from Dela- and women who serve in uniform. numbers of World War II veterans. I am ware for his question. How can we as a Nation, in good con- not happy to say this, but a thousand Mr. WARNER. Mr. President, if I science, in a matter of hours, ask our are dying every day. These men—and could, because I have been aligned with military men and women to put their very few women, from World War II; as the distinguished Senator from Ne- lives on the line in the future if they we went back, there were more women vada, Senator LEVIN, and others on know this country will not take care of involved—deserve this. As in Korea. I both sides of the aisle, together with them? have a friend the Senator from Georgia our colleague from Georgia, about this That is idiotic. The defense author- knows, who was my high school teach- concurrent receipt—this Senator ization bill is in conference between er, the Governor of the State of Ne- knows of no time the President of the

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10087 United States has directly spoken to away or 30,000 miles away from the The Senator from Delaware. this issue. Thus far, only the individ- front lines, I think they are entitled to Mr. BIDEN. Mr. President, I have uals who are working in the budgetary that compensation for disability just been here 30 years. This is the most ri- matters at OMB have. As you men- as well as someone else. That is a com- diculous thing I have ever heard. This tioned yesterday, I say to the Senator ment I make to my friend from Vir- is absolutely mind-boggling. This is from Nevada, Mr. Chu, who is a prin- ginia prior to your making a decision brain dead. We have a roughly $400 bil- cipal adviser to the Secretary of De- in that conference. lion defense bill. We may be asked to fense, had made comments. The PRESIDING OFFICER. The Sen- go to war. And some bureaucratic func- At this point in time I find no foun- ator from Virginia. tionary, somewhere in the bowels of dation to associate the President per- Mr. WARNER. Mr. President, I say to OMB—if that is what is to be believed— sonally with this decision. Further- my good friend he is very correct and is suggesting that we hold up this bill more—and then I will yield right accurate, as always, in what he stated because they do not want to allow dis- away—being an active member of the yesterday as not being associated to abled veterans to have concurrent re- conference of the four principals be- the President personally. ceipt of their disability and their mili- tween the House and the Senate, the I say to the Senator, I associate my- tary pension. That is brain dead. targets are moving back and forth. self with your goal of having broader And, Mr. President—you are not lis- There is the Senate version, there is concurrent receipts. But I am faced, as tening; but I hope your staff is listen- the House version, and there is the the ranking member of the committee, ing—stop this. Stop this. Stop this. It makes no sense, Mr. Chairman, to yield amended Senate version. There is also with the reality of the situation. We will have to ascertain exactly: Is there to blackmail that they’ll veto this bill one Senator MCCAIN and I have talked when the Senate has overwhelmingly about, and that is, should we move for- a line at which the executive branch voted for concurrent receipt. If you ward on concurrent receipts, we would will accept some version of concurrent receipts? And we just have to bring yield to this, Mr. Chairman, I will be do it in the context of the Purple Heart dumbfounded—dumbfounded. I know winners and those who have injuries that back to our colleagues. Because if we were to experience a you’ve worked a whole year. I have that are directly associated with hav- veto—I am not suggesting in any way worked a whole year, and up to 8 years, ing served in combat zones. That may it has been communicated other than on legislation. not be to the liking of all of us, but all through the staff to this Senator—our But I can’t believe you’d even listen types of options are being explored. bill would go down. Twelve months of to somebody who would say this. Why I know at this time no basis of fact work by the Armed Services Com- wouldn’t you pick up the phone and that the President is personally in- mittee would go down. Many benefits, call up the President and say: Mr. volved. pay raises for the men and women of President, is this the deal? Is this the Mr. REID. Mr. President, I do not the Armed Forces, new weapons—it all deal? Tell me straight up, boss. What is know what is the proper procedure at goes down on this one issue. the deal? Because if it is, it is out- this time. The Senator from Georgia I say to the Senator, I share with rageous. has the floor. But with the permission you—I find it very hard to think that So I suggest we just pick up the of the Chair and the Senator from could come about. But, nevertheless, phone and call the President. You have Georgia, I would like to direct a ques- all of us having been here many years, a close relationship with him. Call him. tion to my friend, the distinguished under several Presidents, know there Ask him. Ask him. I pray to God he ranking member of the Armed Services are junctures in conferences when this would not even think of saying to you: Committee. does happen. It is our responsibility— No. I will veto a $400 billion bill at the The PRESIDING OFFICER. Without and I assume it—to try and ascertain, same time while nailing the veterans. objection, it is so ordered. is there some form? And then we bring Call him. Phone home. The Senator from Nevada. The PRESIDING OFFICER. The Sen- it back to our colleagues. If there isn’t, Mr. REID. The Senator will recall ator from Florida. yesterday, on the floor, I said, I do not then I think we should all recognize Mr. GRAHAM. Mr. President, point think the President knows what the the situation. of parliamentary inquiry: What is the The PRESIDING OFFICER. The Sen- people are saying. I think if the Presi- business currently pending? ator from Nevada. The PRESIDING OFFICER. The Lie- dent really knew what people were say- Mr. REID. Mr. President, if I could ing—we are robbing Peter to pay Paul berman amendment. respond very quickly. Mr. REID. Parliamentary inquiry, on people who have injuries, people Senator BYRD has been here—and I who are disabled because of their serv- under the order now before the Senate, say this with dignity and respect—and we are on the Lieberman amendment. ice in the military—I do not think the he has given us so many lectures on President would do that. I hope not. It is my understanding the Senator the Constitution. I have listened. I be- from Massachusetts is entitled to the That is what I heard coming from the lieve in the Constitution. We are a sep- distinguished Senator from Delaware, floor. arate and equal branch of Government. The PRESIDING OFFICER. The Sen- that I do not think this is President The President cannot tell us what hap- ator from Massachusetts is entitled to Bush’s personality; at least I hope not. pens in conference. He can offer his I say, though, to my friend, as I said the floor. opinion. Mr. KENNEDY. I am glad to yield to yesterday, I really do believe a person I say this, as I said yesterday, the the Senator from Florida. who is injured in combat—and I cannot President cannot sustain a veto on this AMENDMENT NO. 4857 TO AMENDMENT NO. 4856 speak from experience, as can my matter. He cannot sustain a veto. I Mr. GRAHAM. Mr. President, I thank friends, such as Senator KERRY, Sen- would put up before this body, any the Senator. ator INOUYE, and Senator CLELAND, time, my veterans compared to the My purpose is to offer an amendment what combat is like. I do not really people who surround the President. to the Lieberman amendment which is know. But I do know people who have So I say to my friend from Virginia, in the nature of a substitute. I send the disabilities in the military. No matter a man of courage, integrity, and, as I amendment to the desk. how they received those disabilities, I said yesterday, a gentleman, hang in Mr. WARNER. Could I inquire of the believe they are entitled to that dis- there. We are the third branch of Gov- leader, before he departs the floor, re- ability payment. I think it may be an ernment. We deserve to be able to do garding the order that is in now, we are easy way out for some to just say: what we have passed in this body. We dealing with matters relating to debate Well, if you are injured in combat, you cannot let the administration cow us on Iraq; the nature of this substitute are entitled to your disability pay, but on this because we are right. If he ve- amendment is what? if you are injured on the back lines by toes it, we will override the President. Mr. GRAHAM. It will add an addi- a tank running over you, or a truck Mr. BIDEN. Mr. President, I ask tional authority to the President rel- hitting you, or falling off a truck doing unanimous consent to speak 2 minutes ative to the use of force. work to take care of those people on on this point—just 2 minutes. Mr. WARNER. This is an amendment the front lines, then you are not. But I The PRESIDING OFFICER. Without to the matter that is pending before say, whether that person is 3,000 miles objection, it is so ordered. the Senate?

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Mr. President, it is my un- terrorist organizations, including those na- LOTT and Senator DASCHLE, Senator derstanding the clerk is going to report tions, organizations or persons who planned, REID and myself, on the timing of these the amendment. authorized, committed or aided the terror- things. Has this matter been taken to The PRESIDING OFFICER. The ists attacks that occurred on September 11, the leadership? clerk will report. 2001. Mr. GRAHAM. I have discussed it The legislative clerk read as follows: (c) WAR POWERS RESOLUTION REQUIRE- MENTS.— with Senator DASCHLE. The Senator from Florida [Mr. GRAHAM] (1) SPECIFIC STATUTORY AUTHORIZATION.— Mr. WARNER. And his views on it proposes an amendment numbered 4857 to Consistent with section 8(a)(1) of the War are? amendment No. 4856. Powers Resolution, the Congress declares Mr. GRAHAM. I do not know what Mr. REID. Mr. President, I ask unan- that this section is intended to constitute his views are. imous consent that further reading of specific statutory authorization within the Mr. WARNER. I see. Could I ask the the amendment be dispensed with. meaning of section 5(b) of the War Powers distinguished majority whip about the The PRESIDING OFFICER. Without Resolution. procedure at this point in time? I know objection, it is so ordered. (2) APPLICABILITY OF OTHER REQUIRE- on this side we have tried very hard to The amendment is as follows: MENTS.—Nothing in this resolution super- sedes any requirement of the War Powers stay within the framework, although it (Purpose: To provide substitute language Resolution. is not clearly established, but the that includes an authorization for the use SEC. 4. REPORTS TO CONGRESS. framework as to how this Iraq debate of the United States Armed Forces to de- (a) The President shall, at least once every would go on and the timing of the in- fend the national security of the United 60 days, submit to the Congress a report on troduction. States against the threat posed by certain matters relevant to this joint resolution, in- Mr. REID. I would say to my friend foreign terrorist organizations) cluding actions taken pursuant to the exer- from Virginia, the Senator from Flor- In lieu of the matter proposed to be in- cise of authority granted in section 3 and the ida wants to offer the amendment and serted by the amendment, insert the fol- status of planning for efforts that are ex- lowing: pected to be required after such actions are then leave the floor. completed, including those actions described Mr. GRAHAM. I will not debate the SECTION 1. SHORT TITLE. This joint resolution may be cited as the in section 7 of Public Law 105–338 (the Iraq amendment. ‘‘Authorization for the Use of Military Force Liberation Act of 1998). Mr. REID. He has a right sometime Against Iraq and International Terrorists (b) To the extent that the submission of today to offer the amendment. The Resolution’’. any report described in subsection (a) coin- Senator from Connecticut is aware of cides with the submission of any other re- SEC. 2. SUPPORT FOR UNITED STATES DIPLO- port on matters relevant to this joint resolu- his wishing to offer this. He has a right MATIC EFFORTS. tion otherwise required to be submitted to The Congress of the United States supports to offer it, but it is just a question of Congress pursuant to the reporting require- the efforts by the President to— when he would do it. ments of Public Law 93–148 (the War Powers (1) strictly enforce through the United Na- Mr. WARNER. I don’t dispute the Resolution), all such reports may be sub- tions Security Council all relevant Security rights. I am just trying to stay within mitted as a single consolidated report to the Council resolutions applicable to Iraq and the framework of the guidance being Congress. encourages him in those efforts; and (c) To the extent that this information re- given by our respective leadership on (2) obtain prompt and decisive action by the management of this matter. quired by section 3 of Public Law 102–1 is in- the Security Council to ensure that Iraq cluded in the report required by this section, Mr. REID. The reason he did it this abandons its strategy of delay, evasion, and such report shall be considered as meeting way is so we would not interrupt the noncompliance and promptly and strictly the requirements of section 3 of Public Law order in effect. complies with all relevant Security Council 102–1. resolutions. Mr. WARNER. Then the amendment Mr. REID. Senator GRAHAM will would become the pending business, SEC. 3. AUTHORIZATION FOR USE OF UNITED speak on this at a later time. The Sen- would it not? STATES ARMED FORCES. (a) AUTHORIZATION.—The President is au- ator from Virginia, the manager of the The PRESIDING OFFICER. The thorized to use the Armed Forces of the bill, will ask for 2 minutes now. Re- clerk will report the amendment. United States as he determines to be nec- garding the order in effect that was Mr. WARNER. I asked the question essary and appropriate in order to— gotten earlier today, I ask unanimous as to whether or not it would become (1) defend the national security of the consent that we eliminate the times the pending business. United States against the continuing threat when the Senators are to appear. It The PRESIDING OFFICER. The posed by Iraq; just hasn’t worked. Somebody finishes amendment will be reported, and it will (2) enforce all relevant United Nations Se- 10 minutes early, or 5 minutes late, and curity Council Resolutions regarding Iraq; become the pending business. it throws everything off kilter. Mr. WARNER. I thank the Chair. and (3) defend the national security of the So I ask unanimous consent that fol- The PRESIDING OFFICER. The United States against the threat posed by lowing the statement of the Senator clerk will report. the following terrorist organizations: from Virginia, Senator WELLSTONE be Mr. WARNER. Is that the desire (A) The Abu Nidal Organization. recognized for 5 minutes, and Senator then? (B) HAMAS. KENNEDY for 15 minutes; that we then Mr. REID. I guess we should have (C) Hizballah. have a Republican Senator for 20 min- (D) Palestine Islamic Jihad. mentioned it to you. I apologize we utes; Senator CARPER for 20 minutes; a didn’t do that. I think there was wide (E) Palestine Liberation Front. Republican for 30 minutes; and then knowledge he was going to do this (b) PRESIDENTIAL DETERMINATION.—In con- nection with the exercise of the authority that we have Senator DODD for 30 min- sometime today. granted in paragraph (1) or (2) of subsection utes and a Republican for 30 minutes. Mr. WARNER. I am asking then if I (a) to use force, the President shall, prior to The PRESIDING OFFICER. Is there might just have time to consult with such exercise or as soon there after as may objection? our leadership, recognizing the Senator be feasible, but not later than 48 hours after Without objection, it is so ordered. has a right, so I could get such instruc- exercising such authority, make available to Mr. WARNER. Mr. President, I have tions as my leader may wish to con- the Speaker of the House of Representatives just been handed the amendment of the tribute. and the President pro tempore of the Senate distinguished Senator from Florida. I Mr. REID. I suggest the absence of a his determination that— have looked it through. We will have a quorum. (1) reliance by the United States on further debate on it in due course. I must bring diplomatic or other peaceful means alone ei- The PRESIDING OFFICER. The ther (A) will not adequately protect the na- to the attention of the Senate that in clerk will call the roll. tional security of the United States against the course of the drafting of the resolu- The legislative clerk proceeded to the continuing threat posed by Iraq, or (B) is tion by my good friend from Con- call the roll. not likely to lead to enforcement of all rel- necticut, myself, Senator MCCAIN, and

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10089 Senator BAYH, we took into consider- last night in Minnesota and in the dren I take al-Qaida very seriously. Un- ation a lot of things and counseled country. fortunately international terror is a with the administration. The problem is that the actual reso- part of the world in which we now live. The point I wish to make is that, at lution before us goes in a different di- Will we have the same international first glance, this amendment seems to rection. What this resolution does is cooperation to fight international ter- restore, in some sense, the original give the President the authority for a ror if we go it alone? In many parts of words of S.J. Res. 45, which I read: possible go-it-alone, unilateral mili- the world we need the cooperation, as- The President is authorized to use all tary strike and ground war. I think sets, and on-the-ground intelligence of means that he determines to be appropriate, this would be a mistake. We should not our allies for the continued war on ter- including force, in order to enforce the go it alone. ror. I think going it alone, a preemp- United Nations Security Council resolution There is a critical distinction be- tive military strike, perhaps a ground referenced above, to defend the national se- tween going it alone and taking action war, could very well undercut that ef- curity interests of the United States against in conjunction with our allies. Our a threat posed by Iraq . . . fort. focus should be going to the United Na- Mr. President, I have one more point. This is the key part: tions Security Council and asking for a I am not going to talk at length about . . . and restore international peace and se- resolution that makes it clear to Sad- my interaction with people in Min- curity in the region. dam Hussein that he must disarm. Sad- nesota over the last several days since My recollection is that, in the nego- dam must give arms inspectors unfet- I announced my opposition to the first tiation, the Democrat side of the aisle tered access. And, if he does not com- resolution, but I will tell my colleagues was strongly in opposition to that last ply with this new UN resolution there this: Many people have come up to me, phrase in S.J. Res. 45 and, therefore, will be consequences, including the use and I had great discussions with people Senator LIEBERMAN and I and others of appropriate military force. But we in Minnesota. I cannot thank them took it out when we drafted ours, S.J. must do this together with our allies. enough. Res. 46. I just make that observation, We must bring the international com- I do not really know what the break- and I find it a bit perplexing. Neverthe- munity on board. This resolution al- down is in terms of X percentage this less, I have had the opportunity to lows for a preemptive, unilateral way or that way, but I will say that the state my point. strike, which I believe would be a huge people in Minnesota and our country The PRESIDING OFFICER. The Sen- mistake. are worried about this issue. They are ator from Florida is recognized. When Secretaries Kissinger and worried about us going it alone. They Mr. GRAHAM. Will the Senator yield Albright testified before the Foreign are worried about what might happen for a moment? Relations Committee, I asked both of to our sons and daughters in Iraq. They Mr. WARNER. I yield the floor on them about the consequences of going far prefer we work together with our this. Under the time agreement, our alone versus working with the inter- allies. They far prefer we have inter- two colleagues are to speak. I suggest national community. First I asked: national support and that the focus be the Senator address the Chair as to his Shouldn’t the goal be disarmament, on disarmament. desire. and shouldn’t we make every effort to I believe that is the direction in Mr. GRAHAM. Mr. President, it was try to make disarmament happen be- which we should go. That is not what our intention to maintain the amend- fore taking military action? this resolution before us asks us to do. ment in all respects, other than adding They both were in agreement. Sec- Therefore, I will vote no on this resolu- the language that begins on page 2 at retary Kissinger said: Yes, we need to tion. line 23 and runs through page 3 at line play this out. I yield the floor. 4. That was our sole intent in offering No one trusts Saddam Hussein. Ev- The PRESIDING OFFICER. The Sen- the amendment in the form that we erybody knows he is a brutal dictator. ator’s time has expired. have done so. If there had been negotia- That is not the point. The point is how The Senator from Massachusetts. tions of which we were unaware that to proceed; how to do this the right Mr. KENNEDY. Mr. President, I com- altered the underlying amendment, at way. The focus should be on disar- mend President Bush for taking his the appropriate time it would be my in- mament and getting the support of our case against Iraq to the American peo- tention to offer an amendment to make allies in the international community. ple last evening, and I agree with the it conform to the proposal that adds I do not think we should be approv- President that Saddam is a despicable what yourself and others have cur- ing a preemptive, unilateral strike by tyrant who must be disarmed. As many rently agreed to. the United States, going it alone, or of us had hoped, the President has now Mr. WARNER. At the appropriate only with Great Britain. clearly given the Iraqi regime an op- time, we will address that. I thank my I asked the former secretaries what portunity to avoid war. The President colleagues. the differences would be. They spelled himself says he has not yet decided war The PRESIDING OFFICER. The Sen- out hugely different consequences be- will be necessary. In this situation, it ator from Minnesota is recognized. tween our going it alone, if, in fact, would be wrong for Congress to act now Mr. WELLSTONE. Mr. President, I military action was necessary, versus to authorize the President to go to war rise to speak for a short time today taking action with our allies. before the steps the President has out- about the Iraq resolution, and tomor- The former secretaries made the fol- lined are exhausted. row I will have a chance to speak at lowing points. If we take unilateral The most solemn responsibility any greater length. I thank Senator KEN- military action Saddam Hussein will Congress has is the responsibility given NEDY for allowing me to precede him. I have a better chance of uniting the the Congress by the Constitution to de- also tell my colleague from Georgia world community against us, rather clare war. We would violate that re- that his speech on the concurrent re- than vice versa. Moreover, there could sponsibility if we delegate that respon- ceipt was powerful and, having spent be grave consequences in the Near East sibility to the President in advance be- the whole day with veterans yesterday, and South Asia that could include en- fore the President himself has decided is absolutely right. It is critically im- ergizing other radical elements and in- the time has come for war. portant that this defense appropria- creasing support for al-Qaida. Would The President acknowledged last tions bill go through with that provi- this not play into the hands of the night there are major risks in going to sion. radicals? This is a big question if we go war. I do not believe these risks have Mr. President, I did not have a it alone. been adequately described to the Amer- chance to hear the President speak last What about our men and women, our ican people. night, but I read the transcript. I think sons and daughters who would be put in General Wesley Clark, the former Su- it is important that the President harm’s way? What would the con- preme Allied Commander in Europe, focus on obtaining international sup- sequences be on the ground for them if told the Armed Services Committee on port. The military option should only we go it alone versus with our allies? September 23 if you are talking to the be considered as the last option. I be- What about this war against terror? mothers and the loved ones of those lieve that people were glad to hear that As a father and grandfather of six chil- who die in that operation in Iraq, you

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10090 CONGRESSIONAL RECORD — SENATE October 8, 2002 want to be sure using force and expend- ica into thinking if war with Iraq be- which clearly suggests that our forces ing American blood and lives and treas- comes necessary, it will be a bloodless are not adequately prepared for a ure is the ultimate last resort, not be- war with few casualties. chemical or biological attack. The re- cause of the sense of impatience with The gulf war was fought in the desert port concluded that although the De- the arcane ways of international insti- a decade ago with an overwhelming su- fense Department has taken significant tutions or frustrations from the domes- periority of forces in a strong coalition actions to provide such protection, se- tic political process of allies. of the United States and other nations. rious problems persist. This is what the As the Senate continues to debate They achieved one of the most decisive GAO report found: Chemical and bio- the use of military force against Iraq, victories in the history of warfare. The logical defense training continues to be we must do all we can to assess the po- experts I have consulted believe that a a problem; medical readiness of some tential costs of such a war in blood and new war with Iraq will not be as easy, units to conduct operations in a con- treasure. The American people deserve especially if we do not have the support taminated environment remains ques- to know what a conflict in Iraq might of a coalition of nations. tionable; some units are critically be like. They deserve to know how Some defense analysts contend the short of required protective gear. many casualties there might be. They Iraqi regular army is plagued with low One Air Force wing has only 25 per- deserve to know the true preparedness morale and poor equipment and may cent of the protective masks required of our troops to fight in a chemical or well surrender at the first sight of and only 48 percent of required patient biological environment. If they are in American might. Other experts believe, decontamination kits. the National Guard or Reserves, they however, that unlike the regular Iraqi If Prime Minister Blair is correct in deserve to know how a conflict in Iraq army, up to 100,000 Republican Guard saying that Iraq has the capability to will affect them and whether they are and special Republican Guard troops of launch chemical or biological warheads likely to be called up for duty. Iraq will defend Baghdad and remain in 45 minutes, what sense does it make Many Reservists who were initially fiercely loyal to Saddam Hussein. to put our soldiers in the path of that recalled for the war in Afghanistan Michael O’Hanlon of the Brookings danger without exhausting every rea- have been either demobilized or ex- Institution believes the Iraqi Repub- sonable means to disarm Iraq short of tended for a second year. They are con- lican Guard forces could make a U.S. war? cerned about what the impact of war military attack very difficult. He esti- We do not know whether the military against Iraq will have on their families mates that our military casualties will be able to adequately protect our and on their jobs. Many employers, could be as high as 5,000. By compari- service men and women from a chem- who are struggling in the current sag- son, in the gulf war, just under 400 U.S. ical or biological attack, and this issue ging economy, are also deeply con- service members lost their lives. should be explained to the American Many believe our Armed Forces may cerned about the stability of their people. need to occupy Baghdad, which has workforce. These patriotic Americans The Wall Street Journal reported over 5 million residents. Testifying be- last week that in addition to chemical are willing to sacrifice, but they de- fore the Armed Services Committee on serve to know all reasonable alter- and biological chemical deficiencies, September 23, GEN Joseph Hoar, there are other notable gaps in the natives to war have been exhausted. former commander in chief of the U.S. None of us can foresee the course of Pentagon’s planning. Civilians working Central Command, discussed the poten- events that will unfold if we go to war. at port facilities in the Persian Gulf re- tial horrors of urban warfare. He said Before Congress acts, the administra- gion, where our forces will be unload- in urban warfare you could run through ing warfighting equipment, have not tion has an obligation to explain to the battalions a day at a time. All of our all received the proper protective gear Congress and the American people the advantages of command and control, or training for a chemical and biologi- potential consequences of war. As of technology and mobility are, in part, cal attack. now, it has not. given up and you are working with cor- The President is asking Congress to The Secretary of Defense and the porals, sergeants, and young men fight- delegate its constitutional power to de- Chairman of the Joint Chiefs have not ing street to street. It looks like the adequately answered such questions clare war before he has decided we need last 15 minutes of the movie ‘‘Saving about the military operation in Iraq. to go to war, but he has not adequately Private Ryan.’’ explained what this war will look like. Despite the risks of urban warfare, They both say there will be risks to a How many ground troops will be re- the administration has avoided ques- conflict, but they have not adequately quired? How many casualties can we tions about how a military operation and fully discussed those risks with expect to suffer? How well can we re- in Iraq may unfold. We have not been Congress and the American people. spond to the use of chemical or biologi- told how many ground troops we will The Bush administration has also re- cal weapons against our troops? How need or, again, how many casualties we peatedly claimed that we can fight a will postwar occupation and recon- can expect. The Joint Chiefs should war in Iraq without undermining the struction in Iraq be conducted? How provide Congress with casualty esti- war against terrorism, but last year, on will our ongoing military operation in mates for a war in Iraq as they have June 21, 2001, testifying before the Sen- Afghanistan be affected, and what will done in advance of every past conflict. ate Armed Services Committee, Sec- the impact be on the overall war These estimates should consider retary Rumsfeld cited significant prob- against terrorism? Saddam’s possible use of chemical or lems in military readiness. He said we Today, our service men and women biological weapons against our troops. have underfunded and overused our are helping to combat terrorism in Af- Unlike the gulf war, many experts forces, and we are steadily falling ghanistan, the Philippines, the Nation believe Saddam would resort to chem- below acceptable readiness standards. of Georgia, and elsewhere around the ical and biological weapons against our Yet last month, on September 19, when world. troops in a desperate attempt to save asked about military readiness in the Our purpose is clear; defend our coun- his regime if he believes he and his re- Armed Services Committee hearing, try against the clear and compelling gime are ultimately threatened. Secretary Rumsfeld said recent defense threat to our security posed by al- In the September 19 hearing before budget increases, coupled with the re- Qaida. I strongly support the President the Senate Armed Services Committee, call of reservists and shifts in the as- in the war against al-Qaida and the al- General Myers, the Chairman of the signment of existing personnel, have Qaida terrorists. I am proud of the Joint Chiefs of Staff, cited a long list reduced the stress on our forces. achievement of our Armed Forces in of improvements that have dramati- He did not explain how the budget in- the war against terrorism. cally increased the combat effective- creases, which only recently took ef- Some argue that America’s vastly su- ness of our forces since the gulf war. He fect, could have reversed the starkest perior military force can easily defeat said our troops now have improved estimate of readiness he provided to the Iraqi army, but many of us are con- ability to protect themselves against the Armed Services Committee last cerned that the very strength and suc- chemical or biological attacks. year. In fact, experts say that most of cess of our Armed Forces in the gulf However, the General Accounting Of- the growth in operations and mainte- war and in Afghanistan will lull Amer- fice published a report on October 1 nance spending over the past decade

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10091 have been for infrastructure-related strength. Not even in the gulf war did The question I ask for my colleague programs, not military readiness. we recall reservists for over a year. If is in regard to section A: General Myers, in his September 19 we open a second front in Iraq, we may Pursuant to a resolution of the United Na- testimony, agreed that the U.S. mili- be forced to recall even more. tions Security Council described in section tary was stretched in some key areas. Additionally, due to critical short- 22, after the enactment of this Joint Resolu- He said if our operations on the war on ages of special operations personnel, tion and subject to subsection B, the Presi- terror are expanded, we will be re- pilots, intelligence specialists, and se- dent is authorized to use the Armed Forces curity personnel, another 22,000 service of the United States in destroying and ren- quired to prioritize the deployment of dering harmless weapons of mass destruc- unique units in high demand such as members, a number about as high as tion, [et cetera.] the entire gulf war, have been involun- special operation forces and combat I read that as putting in the hands of tarily retained on active duty as part rescue forces. He also said our coalition the United Nations a veto on the ac- of the current war on terrorism. If we partners may facilitate our combined tions taken by this body, a veto on the embark upon a premature or unilateral operations by having similar units of President’s ability to use, as he has military campaign against Iraq or a forces. That, of course, assumes we will been given by the Constitution, the have a coalition in terms of a potential campaign with only Great Britain as our ally, our forces will have to serve Armed Forces of the United States to conflict. protect at any time he deems necessary Before the Senate Armed Services in even greater numbers for longer pe- riods of time with graver risks. the security of America. Committee 2 weeks ago, the Chairman Does the Senator support such a con- of the Joint Chiefs admitted that be- There is no doubt that Saddam Hus- sein is a despicable tyrant. The inter- cept that the United Nations would cause of the high demand placed on have a veto at any time in this situa- some of our forces that coalition part- national community must work to- gether to disarm him. But the war tion? The President has gone to the ners are necessary to mitigate the risk U.N. asking that they take action to of war in Iraq. against terrorism and our wider inter- ests in the region and the world de- enforce the 16 resolutions that have Two weeks ago, the Chairman of the been ignored by Saddam Hussein, de- Joint Chiefs admitted that because of mand a course that relies on war only as a last resort after all reasonable al- fied by Saddam Hussein, and they are the high demand on some of our forces now looking at a 17th, a framework for that coalition partners are necessary. ternatives have been fairly tried. I have no doubt our forces will pre- perhaps a new inspection regime, but The way we are going to get the coali- vail in any conflict with Iraq. But Con- this current draft of a proposed amend- tion forces is by going to the United gress and the American people deserve ment implies that the U.N. has to act Nations and gaining their support for to know the true risk of war with Iraq. before our President can utilize the the disarming of Saddam, and if action The administration has the responsi- forces given to him by the Constitution is necessary in the future. bility to state what the real costs of of our country. War against Iraq may well undermine such a war may be. We need that infor- Mr. KENNEDY. The Senator has the ongoing war against al-Qaida and mation now, before—not after—Con- asked a number of questions in his our continuing operation in Afghani- gress exercises its constitutional re- comments. I will do my best to re- stan by draining resources from our sponsibility to declare war. spond. Armed Forces that are already I yield the floor. As the Senator has rightfully pointed stretched thin. In Afghanistan, U.S. Mr. WARNER. If I could ask my col- out, the President has not decided on forces continue to search villages, league a question. It seems to me the the course of war. If the President has caves, and potential hideouts. The risk is only magnified by the passage of not decided that we have an imminent searches are now being conducted by time—whether it is weeks, months, or threat from Saddam Hussein, we have a the 82nd Airborne, not the elite special years—if we do not act. serious threat. It is a very important operation forces which are being re- I draw to my colleagues’ attention threat. For all the reasons that have called in preparation for a potential in- what the President said in addressing been outlined on the floor during the vasion of Iraq. the Nation last night: course of this debate about Saddam Many of us in the Senate are aware Approving this resolution does not mean Hussein, we understand that. But the of these concerns with the Reserves that military action is imminent or unavoid- President of the United States has not and National Guard. We have heard able. made a judgment that it is an immi- them firsthand. Already, the Nation I paraphrase that he has not sought nent threat to the United States. has mobilized and demobilized thou- by this a declaration of war. War is the He has not made a judgment that he sands of reservists and National last option. The decision has not been is prepared to go to war today. If that Guardsmen to support the current war made. is so, which is what he stated last on terrorism. Massachusetts reservists Continuing, the President said: night, why in the world are we saying, and reservists from across the country The resolution will tell the United Nations in the Senate of the United States, we are providing training, intelligence, and all nations that America speaks with will give him this power when he has and security support around the world. one voice and is determined to make the de- mands of the civilized world mean some- not made up his mind he wants to use Almost 1,500 National Guardsmen thing. it, without any limitation on time—no from Massachusetts alone are deployed Congress will also be sending a mes- sunset of this? That is No. 1. So I am to support the war on terror. Citizen sage to the dictator of Iraq that his opposed. soldiers are now serving in critical se- Second, on the question of the Sen- only choice is full compliance and the curity positions throughout the United time remaining for that choice is lim- ator from Virginia, in referring to the States and in Afghanistan. They have ited. Levin amendment, that conforms with distinguished themselves for their pa- I draw the Senator’s attention to a the constitutional authorities I have triotism and superior service. They document entitled ‘‘Joint Resolution’’ discussed, that we have done in other have proven ready to meet the chal- distributed by the chairman of the Sen- periods. That does not happen to be my lenge of fighting the war on terrorism, ate Armed Services Committee and the position. I believe in a two-step ap- despite outdated equipment and fund- chairman of the committee on which proach. I believe the Security Council ing shortfalls. my distinguished colleague and I serve. should have a tough resolution with The phenomenal performance of our While this document is not at the desk, unfettered inspections and we ought to forces in the war on terrorism attest to it purports to be in the form of an galvanize the international commu- their resolve. But how long can we sus- amendment and is under some consid- nity. I personally believe the way we tain this high level of operation? Ap- eration. I presume that because that is galvanize the international community proximately 11,000 of our reservists what was distributed by my good friend is by demonstrating we believe the from across the Nation have been re- and colleague, Senator LEVIN. international community has the re- called for a second year to support the From page 4, I read the following: sponsibility and obligation to take ac- war on terror. This is the first time in Authorization for use of United States tion. decades that we have needed to take Armed Forces pursuant to a new United Na- I believe if we go ahead and take ac- this measure to enhance our military tions Security Council resolution. tion as being proposed by the Senator

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10092 CONGRESSIONAL RECORD — SENATE October 8, 2002 from Virginia, that will be unilateral, had that kind of informed debate and uniform for 12 years. We have been oc- where the President says: I have not haven’t had that kind of information cupying positions in the Middle East. made up my mind whether there is a that is available to us. That is part of We have been flying over the regions necessity for war. I am not even pre- my deep concern about where we are on that Saddam has. We are flying the no- pared to say we are in an imminent the floor of the Senate now. fly zones in the north and south of threat. If we had an imminent threat Mr. WARNER. Mr. President, I thank Iraq. We had weapons inspectors in from Saddam Hussein, he obviously my colleague for his kind remarks. In- there for the 12 years, until they were would have a responsibility to take ac- deed, we have worked together many kicked out 4 or 5 years ago. After Sad- tion in order to protect the American times. We work together. dam was kicked out of Kuwait, after people. I strongly differ. I think our Presi- there was a United Nations agreement, What we are saying to the Security dent has clearly said—first before the and after basically he agreed to an ar- Council is: We are just going to have United Nations and as late as last mistice, and after inspectors, he said: I something over here on the side in case night—that there is imminent danger will take out all weapons of mass de- you people up there are not going to be to our Nation from Saddam Hussein struction, and I will turn them over to serious. and his possession of weapons of mass the international community. And he I would like to challenge the Secu- destruction. We clearly have a dif- has not done that. We know that. He rity Council the way the President of ference on that. has failed to do that. the United States did. I commend I strongly believe that this resolu- We have had economic sanctions President Bush for finally going to the tion, if it is to be brought before the against Iraq for a period of years now. Security Council, challenging the Se- Senate, will place a veto power in the They have not worked. There is such a curity Council. That is the way to go. hands of the United Nations. I cannot sieve in the region that he is able to The Security Council takes every step, be a part of that. I will certainly op- get oil out and goods in without any uses every opportunity, and finally pose it as strongly as I know how. problem. comes back and says: There is no alter- Mr. KENNEDY. Would the Senator be We have worked with the United Na- native, there is an imminent threat. willing to change the words? I don’t tions. We had some 16 resolutions that We should be at our desks at that have it here. Would he be willing to passed through the United Nations. It time in making the judgment we will change the words to include ‘‘an immi- is as if some of the debate on the floor have to make about committing Amer- nent threat’’ from the language that is is that we are just now starting to try ican forces—a two-step approach for included in the resolution which talks to deal with Saddam Hussein, when I those reasons. about a grave threat or continuing think you have to look back over the I have difficulty in accepting the threat? past 12 years. We have been dealing concept that we are going to effec- Mr. WARNER. Mr. President, I will with this dictator and this despot for 12 tively give to the President of the say at this point in time, Senator LIE- years in every way conceivable. United States the authority when he BERMAN and I, and Senators MCCAIN I think the conclusion most people has stated, as the good Senator stated, and BAYH drafted this resolution after have is that 12 years ago we should he has not made up his own mind. listening to the suggestions of many have gone into Baghdad and removed Lastly, part of the trouble we have Senators on both sides of the aisle. At him at that time. That is the real con- been in over the period—and I have this point in time, if any Senator has clusion people come to. Yet, for rea- great respect for my colleague, and he talked about changes, then the format sons of the Congress or the inter- knows he is my friend and colleague— by the Senator from Florida I expect national community—whoever you the debate has been about the resolu- should be followed by way of a for- want to say in that point of time— tions, but not about the war. We are malization of the amendment. But at there was no agreement to kick him debating the resolutions. My good this point in time, we have other col- out. friend from Florida is talking about leagues who are anxious to speak. Since that time, it has not changed. changing the resolutions. We ought to I will give three quotes from Presi- He is the same guy who has these be talking about what the implication dent Bush’s speech to the Nation last weapons of mass destruction. It has is going to be in terms of the conflict night about the imminent threat posed just gotten worse in that period of 12 and the war. The American people by these weapons of mass destruction: years. ought to understand that more clearly. In 1995, after several years of deceit by the I would analogize it to having cancer. That is an issue where the administra- Iraqi regime, the head of Iraq’s military in- If you have cancer, you have a couple tion has failed the American people. dustries defected. It was then that the re- of options: You can deal with it. You What are the best estimates? gime was forced to admit that it had pro- can go in and have surgery to remove What should we expect are going to duced more than 30,000 liters of anthrax and the big areas that are spreading. You other deadly biological agents. The inspec- can try to contain it for a period of be needed in terms of the forces? tors, however, concluded that Iraq had likely What is the best judgment in terms produced two to four times that amount. time through different therapies. Or of how Saddam Hussein will react? This is a massive stockpile of biological you can ignore it and just say: It does What will be the enormous impact it weapons that has never been accounted for, not affect me today. I am fine today. will have in our battle against terror and is capable of killing millions . . . Saddam Hussein has chemical weap- around the world? Alliances with terrorists could allow the ons. He has biological weapons. He is What will it do in terms of inflaming Iraqi regime to attack America without working on nuclear weapons. He has the Muslim world if the United States leaving any fingerprints . . . missile capacity to deliver all of these. We’ve also discovered through intelligence That is the cancer that exists. We has a go-alone policy, which this reso- that Iraq has a growing fleet of manned and lution will permit? unmanned aerial vehicles that could be used can say we feel fine today; we are fine. Will it be effectively a breeding area to disperse chemical and biological weapons What if he decides to launch any one of for al-Qaida terrorists? across broad areas. We are concerned that those? What if he does it not at mili- We ought to be debating those issues. Iraq is exploring ways of using UAVs for mis- tary targets but at civilian targets, at We do not do that. We have been debat- sions targeting the United States. one of our allies, or even at us? Are we ing the technicalities of these resolu- Mr. WARNER. I yield the floor. fine then? I can just see us having a tions. The PRESIDING OFFICER. The Sen- commission after that period of time I know the Senator has—as I have— ator from Kansas. asking: Why didn’t we catch these ter- listened to many debates, not only on Mr. BROWNBACK. Mr. President, I rorists? We were working on Iraqi soil the technicalities but the broad issues have listened with a great deal of inter- before they attacked the United of war and peace as well. But it is my est to this presentation. I think there States. We should have gone in there. regret that we are going to be faced are a couple of clear points one can Did we not know enough? Were we not with a cloture motion here to try to in- make in response, and then I will com- sufficiently concerned about it in a sist on a vote on this in another 2 days ment. similar way that we are having hear- when we have just barely talked about We have been dealing with Saddam ings now about why we didn’t do things the issues of war and peace and haven’t Hussein with our men and women in prior to September 11? Did we see the

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10093 clues and the situation building up It is not to confront the military. It is That is what Secretary Kissinger prior to the Twin Towers and the Pen- to kill as many civilians as they can. goes on to say in this presentation. He tagon being hit? Did we not see this Can we afford, in that type of atmos- argues that this is an essential part of coming? phere and that new way of operating, the war against terrorism, if we are to Let us apply that same standard to to have terrorists force us to sit back effectively deal with this terrorist Saddam Hussein and the nexus he pro- and say: OK? Are we going to wait threat and the problem that we have. vides between the weapons of mass de- until somehow they attack us, or try And not to overrepeat this, but I do not struction and terrorists. They are to get botulism in our food supply, or think one can overrepeat it. It is a lit- clearly there. I just articulated the try to get anthrax into a broad area of tle bit like a doctor’s prescription deal- weapons of mass destruction that he the United States, or one of our allies, ing with your health where you are, has. He is also working on such things or try to make a weapon with small- and here are the possible problems you as smallpox. We think he may be try- pox, and then we will go at them? have. ing to do something with that. He is The cost of doing that is to spread a Here is what we know that Saddam working on all sorts of things. Yes. cancer; the deaths of many people. This Hussein has. Weapons of mass destruction. is not something we can countenance. Gaps identified by UNSCOM in Iraqi What about the terrorist connection It is not something—when my primary accounting and current production ca- that is there? Abu Nidal’s organization duty and the primary duty of the elect- pabilities strongly suggest that Iraq was headquartered there for a period of ed Members of this body is to provide maintains stockpiles of chemical time. He just died, or he was killed re- for the national defense—that we can agents, probably VX, sarin, cyclosarin, cently, for whatever reason. Al-Qaida countenance. It is not something we and mustard. leadership is in Iraq. Hussein has can do. UNSCOM reported to the U.N. Secu- worked closely with a number of ter- I want to read from some testimony rity Council in April 1995 that Iraq had rorist organizations in and on his soil. Henry Kissinger gave 2 weeks ago be- concealed its biological weapons pro- They are there. You have the mix of fore the Senate Foreign Relations gram and had failed to account for 3 these two sitting side by side—a toxic Committee. tons of growth material for biological mix that the United States cannot I ask unanimous consent that his en- agents. countenance. tire testimony be printed in the In 2001, an Iraqi defector reported vis- I respect a number of people who RECORD after my comments. iting some 20 secret facilities in Iraq think this isn’t the way we do things. The PRESIDING OFFICER. Without for chemical, biological, and nuclear Democracies have real difficulty de- objection, it is so ordered. weapons. claring war. That is a very good thing. (See exhibit 1.) Saddam continues to pursue nuclear This is just something we don’t like. Mr. BROWNBACK. Mr. President, weapons, and has used chemical weap- We want somebody to come and hit at former Secretary Kissinger is probably ons against his own people, as well as us first, before we go on to war. You one of the best minds, if not the best his neighbors. can look through the history of the mind, in foreign policy in the world. He I do not think I need to remind peo- United States and the acts where we dealt with the cold war. He was di- ple about what he has done in his re- were hit and then we responded. That rectly involved in that, and he has been gion. He has attacked Iran, invaded is the way we are most comfortable in a very astute student. And now he is a Kuwait, and he has launched missiles dealing with these tough, difficult student of what takes place today in at Saudi Arabia and Israel. That is why issues about whether you go to war the war on terrorism that we have. Lis- we will have had, and have today, with a foreign nation. It is good that ten to just a couple paragraphs of what strong allies in the region opposed to we wrestle with that and with this sit- he says about these weapons of mass Saddam Hussein continuing. uation. destruction in the hands of a country I want to look at the positive, the up- It is like in the old television show that also works with and provides sup- side of dealing with Saddam Hussein. ‘‘Gunsmoke.’’ At the end of the port and housing for terrorists. He says We have a lot of difficulty, a lot of po- ‘‘Gunsmoke’’ episode every week, it this: tential problems to deal with, but what happens if you get Saddam Hussein out ended the same way: Matt Dillon walks If these capabilities remain intact— out on the main street of Dodge City. of power? The bad guy walks out on the street on That is, weapons of mass destruc- I think there are significant, positive the other end. They stare at each other tion— steps moving forward in that region. for a little while. The bad guy has a they will become an instrument—actual and It is interesting to note that from chance to walk off, if he wants to. He symbolic—for the destabilization of a vola- 1920 until the late 1950s, Iraq had a con- tile region. also gets to draw first. He draws first. stitutional monarchy, a bihouse par- Then Matt Dillon draws. The bad guy There he is speaking of the entire liament that had authority over budg- goes down. There is a sense of fair play Middle East. ets and ministers. They have a history and honor about that. There is a set of And if Saddam Hussein’s regime survives of some democracy. It was not the level rules. The bad guy gets to shoot first, both the Gulf War and the anti-terrorism of democracy we have, but they have but you are going down in the process. campaign, this fact alone will compound the that in their historical background. existing terrorist menace. If you are going to do that; you have a Ten percent of the world’s oil sup- chance to walk away. If you decide not He points out in this statement that plies are located in Iraq. They have an to, that is your choice. he thinks going at Iraq will have a very educated urban population. They will That is the way we like to do things, positive impact on terrorism, and if we embrace and encourage and move for- because there is a sense of, Do we real- do not go at Iraq, our war against ter- ward with democracy on a rapid basis. ly want to bother somebody else to this rorism will just devolve into an intel- Now, it is not going to be completely degree? Is this the right thing to do? ligence operation, and that would be free of any hitches, but I think the po- Saddam Hussein doesn’t operate that the likely continued status of it. tential in developing an active, vi- way. The terrorists today don’t operate He handles another argument. I will brant, working democracy in Iraq is with those same sorts of rules of deco- read another quote from Secretary Kis- significantly greater and higher than rum in operation, and the rules of box- singer: what we are seeing in the situation in ing, if you will. It is argued that dealing with weapons of Afghanistan, which is moving forward These are people who don’t go out on mass destruction in Iraq weakens the war but with a lot of difficulty. They do not Main Street with Matt Dillon. They against terrorism. The opposite is more like- have the natural resources to build. sneak around behind buildings and try ly to be true. Eliminating such weapons in They do not have a historical basis of to get at innocent people and women Iraq is an important aspect of the second democracy with which to work. They phase of the anti-terrorism campaign. It and children. They don’t go straight at demonstrates American determination to have a number of warlords in the area, our military. They attack people in ci- get at the root causes and some of the ulti- which does not exist in Iraq. vilian positions. Their object is to dis- mate capabilities of what is, in essence, a There is reason to believe that the rupt. It is not to protect a nation state. crusade against free values. upside potential with Iraq, and the

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10094 CONGRESSIONAL RECORD — SENATE October 8, 2002 spread of democracy and human rights this for wisdom, for protection, for lim- have to be modified with respect to countries and religious freedoms and pluralism ited loss of life, and for the right thing that harbor terrorist headquarters or ter- will be significant in Iraq. And that to be done. rorist training centers. The problem of pre- emption is inherent in the nature of the ter- will spread throughout that region. This is a tough moment. It is a dif- rorist challenge. These are a set of values, of human val- ferent stage for us. It is a ways and The accumulation of weapons of mass de- ues, for which the United States stands means of handling something we have struction in Iraq in violation of U.N. resolu- and has stood for years, and we have not done in the past where we go in and tions cannot be separated from the post-Af- been very positive in this. Yet we have try to take care of a situation before it ghanistan phase of the war against ter- not pushed this set of values generally kills many people. We need those pray- rorism. Iraq is located in the midst of a re- gion that has been the hotbed of the special in that region of the world, in the Is- ers for wisdom and wise action. type of global terrorist activity from which lamic region of the world. I urge my colleagues to support this the attack on the United States was orga- There is something like 49 countries resolution, this bipartisan resolution nized. And the consequences of weapons of and 2 democracies in that region of the authorizing the President to use force mass destruction have many similarities to world. And a number of people wonder in Iraq. those of terrorism. They can be used without why there is the push for human rights, I yield the floor. warning; their impact is catastrophic. In some circumstances, their origin can be un- democracy, and religious freedom ev- EXHIBIT 1 erywhere else and not there. And we certain. If the world is not to turn into a STATEMENT OF THE HONORABLE HENRY A. doomsday machine, a way must be found to have kind of hemmed and hawed and KISSINGER BEFORE THE SENATE FOREIGN prevent proliferation—especially to rogue ‘‘well, I don’t know,’’ and we have al- RELATIONS COMMITTEE, SEPTEMBER 26, 2002 states whose governments have no restraint lies there, and we are dependent on the Mr. Chairman, Congress is considering one on the exercise of their power. oil, and we don’t want to upset things of the most consequential expressions of its Cold War principles of deterrence are al- in the region. views since the end of the Cold War: what ac- most impossible to implement when there is The truth is, we need to stand for the tion the United States should take to deal a multiplicity of states, some of them har- things there that we stand for every- with the threat posed by illegal stockpiles of boring terrorists in position to wreak havoc. weapons of mass destruction in Iraq and The Cold War world reflected a certain uni- where else. And if we do that, and push their potential growth. President Bush has formity in the assessment of risk between that in Iraq, it is going to be a flower reaffirmed America’s commitment to a coop- the nuclear sides. But when many states that will bloom there in the desert. It erative would order by asking the United Na- threaten each other for incongruent pur- is going to show the way to a number tions to rectify Iraq’s defiance of a large poses, who is to do the deterring, and in the of countries. It is going to involve the number of U.N. resolutions mandating the face of what provocation? This is especially people. And the people are going to be destruction of these stockpiles as well as true when that which must be deterred is not able to grow and possess that beauty of Iraq’s flagrant breach of its pledge to do so simply the use of weapons of mass destruc- tion but the threat of them. liberty that they seek and know and as a condition for the suspension of the Gulf War in 1991. But were the world community, Suicide bombing has shown that the cal- want. We will be able to help put it for- by fudging its response, to opt for the risk of culations of jihad fighters are not those of ward and move it into action in that a greater threat in the future, can American the Cold War leaders. The concern that war region. and a coalition of the like-minded acquiesce with Iraq could unleash Iraqi weapons of These are very difficult times for us. in stockpiles of weapons of mass destruction mass destruction on Israel and Saudi Arabia There are difficult times in the region. in Iraq? Thus the Committee will need to is a demonstration of how even existing But I think the question clearly before consider not only the risk of action but also stockpiles of weapons turn into instruments the consequences of inaction. of blackmail and self-deterrence. Procrasti- us is whether we should move forward. nation is bound to magnify such possibili- I think the answer is definitely yes, The Iraqi stockpiles of weapons of mass de- struction will be growing in an international ties. that we should move forward. environmental in which their danger merges The existence and, even more, the growth This is a time for us to be very hum- with the threat of terrorism. For on Sep- of stockpiles of weapons of mass destruction ble and wise about what we need to do tember 11, 2001, the world entered a new pe- in Iraq poses a threat to international peace and stability. The issue is not primarily and definite about how we move for- riod in which private, non-state organiza- whether Iraq was involved in the terrorist ward. We do not make this choice tions undertook to threaten national and attack on the United States. The challenge international security by stealth attacks. lightly, nor without the understanding of Iraq is essentially geopolitical and psy- The controversy about preemption is a that with this action comes difficult chological. Its policy is implacably hostile to symptom of the impact of this trans- consequences to some of our finest citi- the United States, to neighboring countries, formation. At bottom, it is a debate between zens in the Armed Forces and poten- and to established rules that govern rela- the traditional notion of sovereignty of the tions among nations. It possesses growing tially of terrorist attacks to our allies nation-state prevalent since the Treaty of stockpiles of biological and chemical weap- and to us. Westphalia in 1648 and the adaptation re- ons, which Saddam Hussein has used in the We would do well to remember the quired by both modern technology and the words of Psalm 140: war against Iran and on his own population. nature of the terrorist threat. Iraq is working again to develop a nuclear Osama bin Laden’s base was on the terri- Grant not, God, the desires of the wicked capability. Saddam Hussein breached his one; do not grant his conspiracy fruition. tory of a national state, though his was not commitment to the United Nations by pre- . . .As for the head of my besiegers, let the a national cause. Highly disciplined venting the operation of the international mischief of their own lips bury them. operatives are scattered around the globe, inspection system he had accepted on his Once again, we have come to deal some on the soil of America’s closest allies territory as part of the armistice agreement and even within America itself. They enjoy with a very difficult situation where ending the Gulf War. There is no possibility financial and organizational support from a of a direct negotiation between Washington we are called upon to stand up to the number of states—most frequently from pri- threats of evil and tyranny—something and Baghdad and no basis for trusting Iraq’s vate individuals ostensibly not under the promises to the international community. we have had to do many times in the control of their governments. Bases for ter- By what reasoning can the world commu- history of this wonderful Nation. As rorists have been established in several coun- nity—or America—acquiesce in this state of daunting as this is, it is not a responsi- tries, usually in areas where the govern- affairs? bility we can shirk. Saddam has made ments can plausibly deny controls are actu- If these capabilities remain intact, they the case against himself. He has buried ally not in control, such as in Yemen, Soma- will become an instrument—actual and sym- lia, or perhaps Indonesia and Iran. himself with his own lips and his own bolic—for the destabilization of a volatile re- Having no territory to defend, the terror- gion. And if Saddam Hussein’s regime sur- actions. We cannot ignore this. And we ists are not subject to the deterrent threats vives both the Gulf War and the anti-ter- should not put off for another year, or of the Cold War; having as their aim the de- rorism campaign, this fact alone will com- a few, a difficult matter that will only struction of social cohesion, they are not in- pound the existing terrorist menace. get worse. If we do not take this action terested in the conciliating procedures and By its defiance of the U.N. Security Coun- now, we are unlikely to any time in the compromises of traditional diplomacy. cil resolutions requiring it to give up weap- near future. Now is the time for us to Unlike the previous centuries, when the ons of mass destruction, Iraq has in effect as- movement of armies foreshadowed threat, act. serted the determination to possess weapons modern technology in the service of terror whose very existence compounds the ter- I support the bipartisan resolution gives no warning, and its perpetrators vanish rorist threat immeasurably. Global ter- authorizing the President to use force with the act of commission. And since these rorism cannot flourish except with the sup- in Iraq. I hope all the American public attacks are capable of inflicting catastrophic port of states that either sympathize or ac- is praying for us, and praying about damage, traditional notions of sovereignty quiesce in its actions. To the extent that

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10095 these countries observe the flouting of U.N. cle to transparency. Moreover, any system of The PRESIDING OFFICER. The resolutions, the weakening of international inspection must be measured against the de- Chair is prepared to recognize the Sen- norms, and the defiance of America, they cline in vigilance that accompanied the pre- ator from Montana. feel less restrained in acquiescing in or ig- viously flawed system’s operation. Nor can it Mr. WARNER. We will recognize the noring terrorist activities. For the nations of be achieved at the price of lifting sanctions the world to accept the existence of growing while Sad Dam Hussein stays in office. For Senator from Montana then. stockpiles of weapons of mass destruction that would provide the Iraqi regime with the Mr. President, while we are waiting where the new form of terrorism has been means of rearmament as a reward for ending for the Senator from Montana to ad- spawned is to undermine restraint with re- its violations. Indeed, the rigorous measures dress the Senate, I want to thank our spect not only to weapons proliferation but required to implement the U.N.’s own resolu- colleague, Senator BROWNBACK, for an to the psychological impulse toward ter- tions are almost surely incompatible with excellent statement. I was privileged rorism altogether. Hussein’s continuation in power. to follow it, and it is an important con- The campaign in Afghanistan was an im- In the end, enforcement of U.N. resolutions tribution to this debate. portant first step. But if it remains the prin- should be coupled with a program of recon- cipal move in the war against terrorism, it struction for Iraq. Because of the precedent- I thank my colleague. runs the risk of petering out into an intel- setting nature of this war, its outcome will Mr. BROWNBACK. Thank you. ligence operation while the rest of the region determine the way U.S. actions will ulti- The PRESIDING OFFICER. The Sen- gradually slides back to the pre-9/11 pattern, mately be viewed. And we may find more na- ator from Montana. with radicals encouraged by the demonstra- tions willing to cooperate in reconstruction Mr. BURNS. Mr. President, I thank tion of the world’s hesitation and moderates than in enforcement, if only because no my good friend from Virginia. demoralized by the continuation of an country wants to see an exclusive position I thank my good friend from Dela- unimpaired Iraq as an aggressive regional for America in a region so central to inter- ware, whose kindness and generosity is power. In short, the continuation of illegal national political and economic stability. proliferation, the global dangers which it in- Reconstruction will require dealing with as good as the size of his State is small, volves, the rejection or infeasibility of a via- how to preserve the unity and ensure the ter- in allowing me to speak now. And I un- ble inspection system, and the growth of ter- ritorial integrity of a country that is an es- derstand the Presiding Officer may get rorism require action, preferably global, but sential component of any Gulf equilibrium. some relief in a little bit and will be as an ultimate resort of America’s, together A federal system to enable the Shiite, Sunni, able to make his statement. with those countries prepared to support it. and Kurdish ethnic groups of Iraq to live to- As we get into a debate such as this, It is argued that dealing with weapons of gether without domination by one of them is every time we spend a lot of time going mass destruction in Iraq weakens the war surely appropriate. But any serious planning against terrorism. The opposite is more like- over and saying about the same thing. would have to consider the means to prevent We know who Mr. Hussein is. ly to be true. Eliminating such weapons in autonomy from turning to independence, Iraq is an important aspect of the second which, in the case of the Kurds, would put I congratulate the President for an phase of the anti-terrorism campaign. It Turkish support for the military phase at excellent speech on Monday night. Not demonstrates American determination to risk. And all this would have to take place in only did it complement his words be- get at the root causes and some of the ulti- the context of a government capable of re- fore the United Nations, some would mate capabilities of what is, in essence, a sisting pressures from the remnants of the construe the speech as a statement of crusade against free values. Enforcing U.N. old regime or from neighboring countries de- war. I think that is not the case. I had resolutions in Iraq does not compete with termined to destabilize the emerging system. an opportunity to hear our Secretary the capabilities needed to pursue the second The United States has put forward a rea- phase of the anti-terrorism campaign. In all soned definition of the dangers: the posses- of State, General Powell, put it very likelihood, such action will strengthen it by sion of weapons of mass destruction by gov- well when he said it was ‘‘a statement additional deployments to the region. ernments that have demonstrated their will- of what we intend to do.’’ Nor should it weaken the cooperation of ingness to use them, have professed hostility We know and we have seen this man other countries in the anti-terror campaign. toward America or its allies, and are not re- operate who claims the Presidency of Assisting in this effort is not a favor other strained by domestic institutions. Can the Iraq, going way back to the time he at- countries do for the United States but ulti- world community reject that definition of mately for themselves. And what exactly tacked Iran, then his actions against a the danger? neighbor, Kuwait. And since then, Sad- will they decline to support without risking However the issue of weapons of mass de- their entire relationship to the United struction in Iraq is resolved, the longer- dam Hussein has deceived the world for States? The fight against terrorism will take range goal must be to devise a system for over a decade. many years. To wait for its end before acting dealing with new attempts by additional He has violated 16 U.N. resolutions is to guarantee that stockpiles of weapons of countries to acquire weapons of mass de- without consequence. He has stock- mass destruction multiply. struction or biological and chemical weap- piled weapons of mass destruction and At the same time, while reserving the op- ons. We are only at the beginning of the has a clear intention of obtaining nu- tion to act in concert with only the nations threat of global proliferation. The nations of it can convince, the United States is wise to clear weapons. His brutal regime has the world must face the impossibility of let- used these weapons on his own people. appeal to cooperative action of the world ting such a process run unchecked. The community. As the most powerful nation in United States would contribute much to a On one occasion this dictator used the world, the United States has a special new international order if it invited the rest sarin, VX, and mustard gas agents to unilateral capacity and, indeed, obligation of world, and especially the major nuclear kill 5,000 innocent civilians in a single to lead in implementing its convictions. But powers, to cooperate in creating a system to day. it also has a special obligation to justify its deal with this challenge to humanity on a He has abused the U.N.-established actions by principles that transcend the as- more institutional basis. Oil-for-Food Program, weaponizing his sertions of preponderant power. It cannot be Congress has an opportunity to vindicate a in either the American national interest or oil to finance his fanaticism. All this system of international order. I urge you to time he has bankrupted his own coun- the world’s interest to develop principles give the President the authority to enforce that grant every nation an unfettered right the appropriate U.N. resolutions together try. Saddam has amassed black market of preemption against its own definition of with the world community if at all possible, revenues of $6.6 billion since 1996. I tell threats to its security. The case for enforce- in concert with like-minded nations if nec- the American people this is not an Oil- ment of established resolutions should be the essary. for-Food Program. It is oil for terror. opening move in a serious effort of consulta- The PRESIDING OFFICER. The Sen- Peace in our time, how long have we tion to develop fundamental principles that been kicking that phrase around? And other nations can consider in the general in- ator from Virginia. terest. Mr. WARNER. We have had excellent it is still with us. It is in peril again The United Nations is therefore challenged cooperation in the management of this and will be so long as Saddam Hussein to come with a control system that elimi- very important matter. Senators have is in power with the most destructive nates existing weapons of mass destruction been forthcoming. I note that the Pre- weapons in history in his hands. in Iraq—together with procedures to prevent siding Officer is now scheduled to Evidence of Saddam Hussein’s com- their being rebuilt. the control system must speak. Is there a means by which we plicity in and sponsorship of inter- go far beyond the inspection system negated could accommodate him? I would be national terrorism is ample. He praised by Saddam Hussein’s evasions and viola- the September 11 attacks, calling them tions. It must prevent any possibility for happy to sit in the Chair. But I also ob- local authorities to harass informants or to serve the presence of another Senator ‘‘God’s punishment’’ in his govern- impede free access to the inspectors. It who immediately follows the distin- ment-controlled press. Al-Qaida terror- should be backed by standby authority and guished Senator. We could perhaps flip. ists are known to be hiding and har- perhaps a standby force to remove any obsta- If I might suggest that. bored in Iraq. He continues to play

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10096 CONGRESSIONAL RECORD — SENATE October 8, 2002 host to networks and has ordered acts also have an absolute right to defend ous link does not mean that one link of terror on foreign soil. And the worst ourselves. does not exist. To those of us who of all worlds, though, is that he paid Monsters are not going to be given a study and learn from history, there Palestinian families of Palestinian sui- free hand to inflict unending suffering should be no question what we need cide bombers $25,000 as a reward for and death upon their own people and and should do. Hussein is a monster mass murder. others, nor shall they be allowed to ex- and a threat to the United States as we We know he violated U.N. sanctions port terrorism or provide solace for know it. Congress must speak with one and resolutions for inspections in that terrorists. As Americans, we have a united voice. The Nation must speak country, and now we are going back to moral and ethical obligation to assure with a united voice. The world commu- the U.N. again for another resolution. that each global member conducts nity must speak with one united voice. There is one pitfall that we do not themselves in an acceptable manner. Those who resist speaking with a want to fall in again. By allowing new Depending upon the magnitude of the strong, united voice have a very short weapons inspections with conditions offense, the remedy is different. memory. The security of this country makes a mockery of our capacity for Saddam Hussein’s oppressive regime is the responsibility of each and every trust. He will exploit every oppor- has committed such severe atrocities one of us who live here. If this great tunity to conceal and lie about what he that the world community can no Nation wants to stand by and pacify, I has and where he has it—not only from longer stand idly by and do nothing. tell you we will get hit again. us here in this country, but from the We cannot turn a blind eye. We have heard lots of speeches and rest of the world. And the rest of the A new world requires a new philos- seemingly a lot of logic that would say world should be outraged. What else is ophy regarding defense. This new phi- this is a wrong thing to do. I can re- new? losophy has been evolving for over a member when another President by the He has a known record. Rather than decade, ever since the end of the cold name of Theodore Roosevelt said, playing the role of appeasers with a war. Deterrence and containment no ‘‘Speak softly, but carry a big stick.’’ terrorist regime, the world community longer suffice. With Saddam Hussein, we have tried to must vigorously pursue enforcement In this new age, this smaller world, speak softly and, so far, it has not and compliance of those United Na- we can no longer look the other way worked. He has not responded to any tions resolutions. If the United Nations because a conflict is on the other side U.N. resolution, sanctions, or even oil Security Council cannot enforce its of the world. It is just like a conflict in for food. So people like Saddam Hus- own authority and prove itself relevant our own neighborhood. There is no sein and Osama bin Laden, who hate and effective, then President Bush has other side of the world anymore. It is Americans, hate our system, hate what no choice but to take whatever action just down the street. free people have built here, will find a he deems necessary to protect America So not only do we have a right, but a soft spot somewhere else at a later from avowed enemies. duty to protect ourselves and freedom- time—another vulnerability—and they I understand fully the seriousness of loving people around the world. The will seize upon this opportunity to at- committing our military, our men and world community needs to be involved tack us once again. women, in harm’s way. I also under- in making sure our partners in the That is what a blind eye creates. So stand the seriousness of the situation, world community treat their citizens I will vote for this resolution. I would not only just for Americans but for and other nations fairly and with re- even like to see it stronger because I those freedom-loving and those free- spect. If nations fail to do this and rise think it strengthens the hands of our dom-desiring nations and societies to a certain level of threat, just like Secretary of State as he maneuvers his around the world. I see a threat that kids at home, these nations must be way through developing a new resolu- overrides my fears and most of my con- dealt with. This is an evolving sense of tion in the world community called the cerns. We must act to depose a brutal conscience, and mine cannot sit back United Nations. It also sends a very regime and religious extremist who and wait until there is another strike. strong message to the rest of the world hates our freedoms and would do us Three-thousand people died on Sep- that all of us have a responsibility harm. tember 11, 2001. I do not want to see the when a cancer falls upon the face of our I know America’s intent is never to tragic loss of American life again be- planet. I will vote for this one and even dominate other nations but to liberate cause of our inaction. It cannot happen a stronger one if I could get it. them. We have a strong historical to me, my children, or their children, Once again, speak softly, but carry a track record there. Our intent today or any innocent life. big stick. with Iraq should be no different—to So what do we do with a leader who I yield the floor. bring liberty and democracy to the has so blatantly violated 16 U.N. reso- The PRESIDING OFFICER (Ms. Iraqi people who suffer arbitrary im- lutions over the last decade, has in- CANTWELL). The Senator from Or- prisonment, execution, torture, starva- vaded neighboring countries, and has egon is recognized. tion, gang rape, and mutilation at the tortured and killed his own people? Do Mr. WYDEN. Madam President, I hands of this tyrant. we sit idly by and watch? That has hold the Senate seat of the late Wayne It is a changed world. It is a different never been the American way. America Morse. Senator Morse lost his job in time. Let me tell you that September has never stood paralyzed by inaction 1968, and many have attributed his loss 11 did not make it this way. September when its citizens are threatened. Does to his outspoken opposition to the 11 gave us a horrible and graphic pic- Saddam pose a threat to this country’s Vietnam war. Wayne Morse’s election ture of the dangers of a changed and livelihood and to the American people? loss makes his words from that era no smaller world. No longer can we look I believe he does. less true today. the other way when the bully on the September 11 also taught us another In a 1966 debate on the role of the other side of the world pushes us and lesson—how fragile our freedoms are, Senate with respect to the great issues others around. especially when you inject fear. Also, of war and peace, Senator Wayne Morse By today’s standards, Saddam Hus- we found out how fragile our economy said: sein has been the bully on the block, was. He clearly has growing and in- This is what the United States Senate is right here at home. No longer can the creasingly sophisticated biological and for. It is what the Founding Fathers created international community simply do chemical weapons capabilities, which the Senate to do—take the long-range view nothing. strikes fear into the heart of every cit- of actions prompted in national councils How can we idly stand by and allow izen on this planet. He has used them that may be warped by some strong passion this monster to hide behind the veil of in the past and has the intent to use or momentary interest. sovereign nation status? My conscience them again. He also actively continues It is the long-term interest of our cannot allow it. There are no national his efforts to acquire nuclear weapons. country, Madam President, that Wayne boundaries when it comes to ferreting To those who still do not see the link Morse so presciently focused on in 1966 out and ending human injustice and between Iraq and the terrorist attacks that leads me to outline the following suffering. We do have a responsibility on America and American interests, I conclusion that I have made with re- to our fellow man. We always have. We say look again. The absence of an obvi- spect to the Iraq resolution.

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10097 Saddam Hussein is the bad actor here eral attack until and unless there is as- Finally, and perhaps most impor- and the United States of America is surance under the resolution that be- tantly for my purposes, I reached the the good actor. I believe the authoriza- fore such an attack, the administration conclusion that pursuit of a first-strike tion of a unilateral preemptive mili- exhausted all other reasonable means war, absent any credible sign Saddam tary attack based on the information to accomplish our goals. Hussein is preparing to wage war now available will cause much of the Second, I am convinced it is essential against our Nation or other nations, world, unfortunately, to lose sight of to have a workable plan to contain the will leave this Nation less secure than this reality. This perception in a region situation if Iraq attacks Israel and before. I believe we have to look at racked by poverty and already marked Israel enters the conflict. greater length at these key questions, by a deep mistrust in American foreign And third, I am concerned there has and I do not believe that has been done policy could foster decades, possibly to be a showing such an attack will not to date. even centuries of undeserved hatred of make our Nation less safe by setting us It is the sacred duty of the Senate to our great Nation that will threaten our back in the war on terrorism. focus and act upon the long-term inter- children and our grandchildren. The President has made a compelling ests of our beloved Nation. Saddam Protecting our children and grand- case—I believe a sincere one—regard- Hussein is an extremely dangerous and children after a unilateral preemptive ing the danger posed by Iraq under the extremely despicable man. Time and attack on Iraq will require a staggering rule of Saddam Hussein, but his argu- again, he has demonstrated that to his financial commitment from our Na- ment—and I say respectfully—does not enemies, as well as his own people. He tional Government. Given the pressing meet the criteria I have laid out. lives in a part of the world where there financial needs here at home for public First, I am not convinced, regarding is no shortage of dangerous and des- safety, for education, for health, where a clear and present threat, Saddam picable men who pose a threat to the are the funds going to come from after Hussein currently imposes a clear and security of the United States. In my our Nation wins such an engagement present threat to the domestic security service on the Senate Intelligence with Iraq? of the Nation. While my service on the Committee, I have not seen satisfac- Protecting our children and grand- Senate Intelligence Committee has left tory evidence he is any more des- children after a unilateral preemptive me convinced of Iraq’s support of ter- picable than the threat presented by attack on Iraq will require an Amer- rorism, suspicious of its ties to al- Hamas, Hezbollah, and Iran. ican policy of energy independence—es- Qaida, I have seen no evidence, acts, or In summary, those are the central pecially independence from Middle involvement in the planning or execu- questions. Making sure we have ex- East oil. We are a long way from there, tion of the vicious attacks of 9/11. hausted all of the diplomatic opportu- and on some issues, such as saving en- While Iraq has aided terrorism for nities before one considers a first ergy and the crucial transportation many years, there are any number of strike, making sure we are ready to sector, it seems that now we have been regimes who have aided terrorism, in- deal with the region after a first strike going backward. cluding some with far more direct links and one that, in my judgment, we are Protecting our children and grand- to Osama bin Laden’s network of ter- clearly going to win, the unanswered children after a unilateral preemptive ror. In this regard, I note the first con- questions of what happens when there attack on Iraq will require a plan for clusion in the Central Intelligence is an attack on Iraq and the possibility rebuilding confidence among many of Agency’s declassified letter to Chair- of enlarging the conflict to Israel— the countries that stood with us during man Bob Graham of Florida dated Oc- these questions have not been ad- the gulf war conflict, but do not stand tober 7 of this year which states that dressed, and they have not been ad- with us today. Many of those countries at present, Iraq does not appear to be dressed fully. do not believe diplomatic and other planning or sponsoring terrorism There is no question in my mind Sad- steps have been fully exhausted. If our aimed at the United States. dam Hussein represents a very real Government cannot convince them of Yet, had the administration met this threat to this country and to the that, it is certainly going to be tough threshold test, in my view, it has still world, but I do not want to, in the days to restore faith after a unilateral, pre- not met the rest of what I consider to ahead, compound the problems we al- emptive attack. be prudent criteria. While the Presi- ready face with Hussein in the region For many weeks now, I have waited dent has stated his desire to seek alter- by authorizing a unilateral, preemptive and listened patiently, I feel, for the native means to accomplish his goals military strike at this time, and that administration to make its case for the before beginning a military strike, to is why I will oppose the resolution. resolution. I serve on the Senate Intel- grant the President the authority to Madam President, I yield the floor. ligence Committee. I followed this conduct a first-strike war before first The PRESIDING OFFICER. The Sen- issue very closely, and I believe neither witnessing the exhaustion of those ef- ator from Virginia. partisan politics nor the pressures of forts is to abdicate the obligations of Mr. WARNER. Madam President, an anxious public should be factored this body in its most sacred role. The while I disagree with the thesis of our into a decision of this magnitude. Founding Fathers surely envisaged a distinguished colleague, the Senator Instead, I see my duty as an elected more challenging inquiry when grant- from Oregon, I do respect his views on representative of the great State of Or- ing the Congress the responsibility of it. I wonder if I might engage him in a egon to listen, to inquire dispassion- authorizing armed conflict. brief colloquy. ately, and make the decision I believe On my second point, while I am not This doctrine of preemptive attack to be in the best interest of Oregon and privy to the administration’s war unilaterally, clearly the Senator knows this great country, and leave the judg- plans, I am of the belief the adminis- the President is diligently working ment to history and the voters as to tration is satisfactorily preparing for a with the United Nations, with the Sec- whether I made that judgment in the potential enlargement of the conflict retary of State—the Secretary of State right way. with Israel or other allies. I am con- visited here with a group of us at mid- In approaching the decision about cerned this issue has not been ade- day today and held a press conference, whether to vote to authorize the mili- quately addressed. and he indicated progress is being tary option this measure calls for, I I do believe the administration needs made. For the moment, we have to ac- laid out some criteria on which to base to outline in further detail how they cord the administration at least clear my decision. would address issues with respect to support for trying hard to gain a coali- My criteria were: If our security the enlargement of the conflict, and I tion of nations and a new resolution in agencies were to provide me with com- want to make clear I do not believe the Security Council which hopefully pelling evidence of a significant threat that point has been addressed clearly will be much stronger than anything to our domestic security if Hussein’s and fully to date. The possibility this we have seen before, and could act as a Iraq is not defeated militarily, I would conflict would be enlarged with an at- deterrent to the use of hostilities for a be willing to grant authority for the tack on Iraq to one that involves Israel period of time, and hopefully, who use of force. But I am unwilling to give is one I think needs to be laid out and knows, the regime may have a change my approval for a first-strike, unilat- laid out clearly. of heart and cooperate.

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10098 CONGRESSIONAL RECORD — SENATE October 8, 2002 Cooperation is a keystone to any suc- imminent threat I really set out as one Britain likewise is flying with their cessful inspection regime. But back to of the thresholds I thought was rel- brave pilots. Somehow I am missing it. the preemptive—and I have shared this evant for supporting this resolution. Mr. WYDEN. Will the Senator yield? with others—in my research, the As the Senator could hear from my Mr. WARNER. Yes. United States, under a number of speech, A, I do not doubt the Presi- Mr. WYDEN. Again, I want our peo- Presidents, has directed military ac- dent’s sincerity; B, I thought what he ple who are in harm’s way, as the Sen- tion in the following: Panama in 1901; said last night was clearly a step in the ator has outlined, to be able to counter Dominican Republic in 1904, 1914, 1965; right direction, and he elaborated on that very hostile attack. They are Honduras, 1912; Nicaragua, 1926; Leb- that further today. doing so today under existing law and anon, 1958; Cuba, the naval quarantine, On this matter with respect to the it is an effort I support. In spite of 1962, President Kennedy—clearly that nature of the threat, for me what has those attacks, the Central Intelligence was a preemptive threat and action by been dispositive has been the now-de- Agency stated at present Iraq does not our President—Grenada, 1983; Libya, classified letter from the CIA where appear to be planning or sponsoring 1986; Panama, that was just cause in the CIA did not believe, as of October 7, terrorism aimed at the United States 1989; Somalia in 1992; Sudan, Afghani- the threat was imminent. I thank my which, after 9/11, was the stated con- stan, August of 1998. You recall the distinguished colleague because he cern that was vital to our national se- bombing raids we did at that time. makes a number of good points, and al- curity. Iraq, that was Desert Fox in December ways does. Mr. WARNER. Madam President, was of 1998, and I remember well as ranking Mr. WARNER. Could the Senator di- the Senator among the group that was member going over and talking with rect himself to the point made by the being briefed in S–407 this afternoon then-Secretary of Defense Cohen, a val- Senator from Virginia, that our air- from 2:00 to 3:00? ued friend and colleague in the Senate craft have been fired upon in enforcing Mr. WYDEN. I was not, but I will tell of many years. And Kosovo in March of resolutions 60 times in the month of the Senator I have probably sat in 1999. September of this year alone? The more briefings, as a Member of the Now, they fit the description of the total firings by ground-to-air missiles Senate Intelligence Committee, on this preemptive type strikes my esteemed on our aircraft—fortunately, they have point than just about any Member of colleague from the great State of Or- not hit or brought down an airplane as this body. I have kept fully abreast of egon has enumerated. They were done yet—is that not engaging in combat, in this issue. under the concept, which is tried and war? Mr. WARNER. I would ask unani- true in international law, recognizing Mr. WYDEN. Will the Senator yield mous consent that the letter to which ‘‘the anticipatory self-defense if a further? Senator WYDEN referred be printed in country is imminently threatened.’’ Mr. WARNER. Yes. the RECORD. Is that possible? I think the Senator pointed out he Mr. WYDEN. The Senator again Mr. WYDEN. It is declassified. Mr. WARNER. I beg your pardon? feels President Bush has indicated this makes a legitimate point, but what we are talking about now, it seems to Mr. WYDEN. It is declassified. country is imminently threatened. So Mr. WARNER. The Senator has been there are some examples. I do not me—and this is what the CIA is talking about in their letter of October 7—is an speaking to it and reading excerpts think this contemplated action by the from it. I am unfamiliar with the let- President—he says he has made no de- imminent threat to the American peo- ple. It is very clear that conflict is a ter. cision to use force, but then again I I am not familiar—I heard the Sen- hostile one. It is one that must be point out we have been in a state of ator addressing a letter from the CIA. countered. It is being countered today. hostility with Iraq for some time. I I was under the assumption it was a de- I do not take a backseat to any Mem- point out our airplanes, our brave pi- classified document. Is it a classified ber of the Senate in terms of sup- lots, together with Great Britain, have document? been engaged in enforcing a resolution porting our troops, our military, in Mr. WYDEN. It is a declassified docu- of the United Nations. terms of countering that conflict. But ment. Here are two nations flying missions, the question for the Senate then be- Mr. WARNER. The Senator has been clearly trying to enforce the resolu- comes whether a conflict like that referring to a classified document, is tions. We are fortunate even though should translate into support in this that it? they have been shot upon many times body for a resolution that would au- Mr. WYDEN. Throughout this after- by ground fire directed at the aircraft, thorize a unilateral preemptive strike. noon, I have been speaking from a de- some 60 times in September of this In spite of all of the attacks which classified document. year alone—our military has been en- the distinguished Senator from Vir- Mr. WARNER. I apologize to the Sen- gaged in this conflict with Iraq for 12 ginia has mentioned—and they are ator. years. So I think it is a continuation of very serious ones—as of October 7 of Mr. WYDEN. I have mentioned on the conflict to which we refer in this this year, the CIA did not believe there several occasions it was declassified. I resolution. was an imminent threat to our coun- take my responsibilities as a Member I ask my good friend if he has any try. I assume in making that judgment of this committee very seriously. views with regard to my points. before the Intelligence Committee, if Mr. WARNER. I am not challenging Mr. WYDEN. I thank my distin- they had felt the attacks the Senator the Senator. I was not able to hear him guished colleague for the chance to fur- was talking about are dispositive, they as he spoke. I tender an apology. Since ther discuss this. My colleague makes would not have written that letter. the Senator referred to the letter, and a good point that clearly last night in Mr. WARNER. Madam President, I if it is declassified, perhaps it should be the President’s speech, and further guess I am missing something, but a part of the RECORD so those who are today, he made it clear he was inter- drawing on my own modest experience following this debate can read the let- ested in trying to mobilize world opin- in the military, where I for a period ter in its entirety. ion, and I think all of that is extremely was communications officer in the 1st Mr. WYDEN. It would be possible to constructive. Marine Airwing, living with aviators do that and have that made a part of At the same time, the letter to Sen- who were being shot at every day, to the RECORD. I appreciate the Senator’s ator GRAHAM that now has been declas- me they are American citizens. I think thoughtfulness. We all have strong sified—I sit on the Senate Intelligence Americans are being shot at as that views on this. The Senator from Vir- Committee—makes it clear the CIA fire is trying to interdict their aircraft. ginia is an expert on national security does not believe, as of October 7 of this They may not be home in the United and military affairs. That happens to year, the threat is imminent. That is States—perhaps they would like to be an area where I believe reasonable why I think we have now reached the be—but they are out there pursuant to people may differ. I look forward to point where we are debating whether orders of the Commander in Chief. It is working closely with my colleague. there is a continuing threat, which not just President Bush. It was Presi- Mr. WARNER. I yield the floor. clearly Saddam Hussein is, or whether dent Clinton. To me, that is hostility. The PRESIDING OFFICER. The Sen- there is an imminent threat. It was the To me, Americans are involved. Great ator from Florida.

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He wants to control all of The President must certify those con- the Senator from Virginia and the Sen- those vast reserves so that he can have ditions. ator from West Virginia had both en- his fingers in a stranglehold around the It also has language regarding the gaged. They found the quality of the industrialized world of planet Earth. United States’ responsibility in plan- debate to be excellent, and they were He associates with known enemies of ning for a post-Saddam Hussein Iraq— looking forward to the continuation of the United States. He has paid com- an Iraq that the United States, after the debate. pensation to suicide bombers aimed at Saddam Hussein, had best not abandon, On grave matters of war and peace, undermining the peace process in the as we did after the Soviets got licked as the Senate is considering this reso- Middle East. And Saddam seeks at in Afghanistan and tucked their tail lution, I add my comments. They are every turn to flout international law between their legs and left—and we left addressed to perhaps one of the gravest and the will of the United Nations. His also. That created a vacuum in Afghan- things we discuss in a constitutional aggressiveness and thirst for war and istan and allowed the terrorists to fill body such as this. That is, authorizing blood are evident by his own actions that vacuum. In the post-Saddam Hus- the sending of Americans into harm’s and brutality, past and present, sein Iraq, we don’t want that same way—moms and dads, sons and daugh- against his own people and against his thing to occur. The United States must ters, brothers and sisters—into combat. neighbors. be there for the long run to give mili- We must determine whether the situa- It is time now to complete the job tary, diplomatic, and economic secu- tion in Iraq threatens the United that was left undone in 1991 when we rity assistance to ensure that the Free States sufficiently enough to send failed to completely disarm and re- World’s interests are clearly protected Americans into harm’s way, and put move Saddam. The longer he remains in an Iraq after Saddam Hussein. American lives at risk. in power, the longer he delays, obfus- It was good that President Bush ad- I have spoken with many citizens cates, and lies—all the while he dressed the United Nations on Sep- across Florida. I understand the con- strengthens his arsenal. Weapons of tember 12, and sought broad-based sup- cerns and the reservations many of mass destruction must be removed port from the international commu- them have. from Saddam Hussein, and the Iraqi nity. Secretary Powell will and must We must use force only as a last re- people need to be liberated from his continue efforts at getting strong lan- sort. That is what this resolution is brutal grip. This is not a fight we can guage—strong language—in a United about; it is authorizing the use of enter alone. We must pursue this cause Nations Security Council resolution force. with as much international support as that clearly spells out the actions Iraq I remain convinced that the Saddam is possible. The revised resolution is required to take and the con- Hussein regime in Iraq poses a clear makes this clear. sequences if it fails to do so. Such a and increasing danger to the national Yesterday, I had the privilege of resolution would strengthen the U.S. security interests of the United States. speaking to several hundred at Central position and help us gain support from We must disarm its arsenal of chemical Command Headquarters at MacDill Air our Arab friends in the region. We and biological weapons. We must halt Force Base along with the Commander must keep the focus on Saddam Hus- the development of nuclear weapons. in Chief, GEN Tommy Franks. I sein and the resolutions regarding Ultimately, one way or another, those brought words of a grateful nation to weapons of mass destruction that he weapons of mass destruction have to be those men and women in uniform, and has ignored. taken out. If it means taking out Sad- to all of our coalition partners who are The Lieberman resolution also re- dam Hussein along with them, then so part of this effort in going after the quires the President to report regu- be it. Our hope is that this threat can terrorists. That international support larly to the Congress on ongoing oper- be dismantled by means less than the is critical to our successful prosecution ations in Iraq and the administration’s use of force, and discussions in the of the war against terrorism, and that plans, specifically, as I mentioned, for United Nations toward that goal are international cooperation is critical as the post-Saddam Hussein Iraq and en- underway now. But if those efforts in we now approach military hostilities in suing reconstruction. All of the addi- the U.N. are not successful, we cannot Iraq. sit and do nothing as the danger grows. Our European allies are starting to tions that have been included in the On a regular basis, Saddam’s troops come around. It is very important that Lieberman resolution have clearly im- fire on the United States and British our Arab friends in the region do come proved upon the blank check that was aircraft seeking to enforce the no-fly around. The United States needs the sent here early on as a draft from the zones created to protect the Kurds in world community to support us in White House. the north and the Shi’ites in the south. eliminating these threats of weapons of Having detailed plans in place will be These no-fly zones exist to keep Sad- mass destruction. As we consider en- crucial to ensuring that after Saddam dam contained and to prevent him gaging in a military conflict, we need Hussein, Iraq does not disintegrate into from acquiring technologies aimed at this international support so as not to a permanent source of instability in further enhancing his military capa- hurt our efforts in the war against ter- the Middle East which would pose a se- bility. rorists in 30-some countries, nor hinder rious threat to U.S. national security At the conclusion of the Persian Gulf our efforts to try to strike a peace ac- interests. war in 1991, U.N. Security Council Res- cord in the Middle East. The current resolution also is im- olution 687 set forth the conditions for Madam President, the President has proved from earlier drafts because it peace. The cease-fire conditions re- asked the Congress to authorize the also makes reference to Navy CAPT quired Iraq to disarm all weapons of use of American troops in Iraq for Scott Speicher of Jacksonville, FL, the mass destruction, fully declare and dis- these purposes. He presented his case American pilot still missing since the close all weapons of mass destruction, to the American people last night. first night of the gulf war when he was and not seek to further acquire weap- As it exists now, the Lieberman reso- shot down over Iraq. Through a series ons of mass destruction. That was in lution clearly has been improved enor- of mistakes, the United States walked 1991—11 years ago. mously from the draft resolution sent away from a downed pilot. Those terms have been clearly vio- to us several weeks ago by the White We have kept at this, over and over, lated by Saddam Hussein. When a House which, in essence, was nothing in the Armed Services Committee and country willfully violates cease-fire more than a blank check. Now it re- the Foreign Relations Committee, and terms which end war, a state of con- quires that the President must certify have been talking to world leaders ask- flict continues to exist. The regular that diplomatic and other peaceful ing them to task their intelligence ap- hostilities endured by coalition pilots means will not adequately protect the paratus for word on Captain Speicher.

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10100 CONGRESSIONAL RECORD — SENATE October 8, 2002 He is still considered Missing In Ac- tus. Whether he is alive remains to be hoped we would have had more hear- tion. He was first declared Killed In Ac- seen. ings in our committee, but for reasons tion. The Department of Defense I appreciate my colleague from Flor- best known to our chairman, appar- changed that to Missing In Action. The ida for continuing to press that issue. I ently, that was not possible. I very Department of Defense is reportedly join with him. I know the President of much wanted to have all four of the considering a change in status even the United States is also pushing that military chiefs. They don’t want to sit from Missing In Action. issue. I appreciate his effort as well. this thing out. They are heavily in- He is the only American among the Mr. WARNER. Madam President, will volved. I was hopeful we could have had thousands who are still unaccounted the Senator yield? I just wish to ex- them, and then also the CINC, General for at the hands of Saddam Hussein— press my profound appreciation for the Franks, who has the leading responsi- thousands, I might say, going back to support of the Senator from Florida for bility in the area of operation. But, un- the Iran-Iraq war. the Lieberman-Warner-McCain-Bayh fortunately, no matter how hard we I appreciate the fact that the major- resolution. He is a valued member of tried, it did not come to pass. My ity leader worked to ensure that the the committees here in the Senate. chairman, I respect whatever his views request of Senator PAT ROBERTS and Certainly he has worked hard on our are on that. myself to make reference to Captain committee. I listened carefully as he Senator KENNEDY raised the ques- Speicher was honored. It is honored in stated the case. He stated it clearly. I tion, why we did not have more facts. I this resolution. It is my hope that our join with my colleague from Oklahoma just say that there were some of us who upcoming efforts and actions in Iraq in commending him for the fight on be- wanted to go on and have some addi- will make progress towards resolving half of that brave airman, Captain tional hearings, but it was not possible. the fate of Captain Speicher. Speicher. I thank the Senator. You can just imagine what it is like Mr. NELSON of Florida. Will the The PRESIDING OFFICER (Mr. for that family back in Jacksonville— Senator from Oklahoma yield for one DAYTON). The Senator from Okla- a family with children that has not comment so I can respond to the dis- homa. heard the fate of their father for the tinguished Senator from Virginia? Mr. NICKLES. Mr. President, I appre- last 11 years. Mr. NICKLES. Certainly. ciate the colloquy. This resolution, in my view, asserts Mr. NELSON of Florida. I thank the Just for the information of my friend the role of Congress granted by the Senator from Virginia, Mr. WARNER. He from Florida, I was also here in 1991, Constitution and the War Powers Act. told us how he and Senator Nunn were and, unfortunately, Senator Nunn did We have heard hours of testimony from leading our Armed Services Committee not support the resolution in 1991. senior administration officials and out- 11 years ago as the Nation was pre- There was a partisan divide, for what- side experts representing many dif- paring for the gulf war and how impor- ever reason. One, the resolution passed ferent views on the subject. I have sat tant it was in Senator WARNER’s mind with bipartisan support. I tell my through hours of testimony in the two that the RECORD be laid out so a record friend and colleague that. But at that committees I have the privilege of would be there as to why the Congress point in time, the Democrat leader at serving on—the Foreign Relations should vote to give the President the the time, Senator Mitchell, was op- Committee and the Armed Services authority to unleash the military posed to the resolution. Many Demo- Committee—that have delved in detail might in Kuwait and going after Iraq. crats opposed it, although several into this subject in preparation for our I thank Senator WARNER and Senator Democrats did support it. coming to this floor in this debate. LEVIN, the chairman, for how they have It passed, if my memory serves me We have heard those hours of testi- laid that predicate, and Senator BIDEN correctly, 52 to 47. It was one of the mony in both classified and unclassi- and Senator HELMS, and, in his ab- first votes we had in early January of fied form. My office, as well as all of sence, Senator LUGAR, in the Foreign 1991. And it was one of the most impor- our offices, has received thousands of Relations Committee. They laid that tant votes that this Senator has cast. I calls, letters, and e-mails. I have heard predicate with lengthy hearings, and believe, probably this Thursday, the those voices. I share those concerns. provided access to classified informa- Senate likewise will be casting one of The threat posed by Iraq grows with tion we have had in those two commit- the most important votes we will cast. each passing day. Since September 11 tees, which helped me to draw the con- I appreciate the support of my friend of a year ago, we can’t wait to protect clusions I have drawn in support of this and colleague from Florida for this res- ourselves against the threats of weap- resolution. olution. ons of mass destruction and regimes So I particularly thank the great Mr. President, I ask unanimous con- hostile to the United States with their Senator from the Commonwealth of sent to be added as a cosponsor of the links to terrorism. We must not leave Virginia for his leadership. joint resolution. ourselves exposed to an attack, which, Mr. WARNER. Madam President, I The PRESIDING OFFICER. Without after it comes, we will wish we had thank my colleague. I share the same objection, it is so ordered. acted to prevent. sentiments towards the distinguished Mr. NICKLES. Mr. President, I like- That is why I come to this floor to Senator from Florida. wise would like to compliment my col- announce my support of the Lieber- Madam President, in 1990–1991, Chair- league, Senator WARNER, because he man-Warner-McCain-Bayh resolution man Sam Nunn and I, as ranking mem- has been leading the debate, certainly authorizing the President to use force ber, had nine hearings. It is inter- on this side of the aisle, but, frankly, in Iraq. It is the right thing to do, and esting, in the first hearing we had Sec- on both sides of the aisle. Senator it is in the vital national security in- retary of Defense Cheney and Chair- WARNER has carried the debate on this terests of the United States. man of the Joint Chiefs of Staff Colin side almost all of Friday, almost all of I thank the Chair for allowing me Powell. Isn’t that interesting? And Monday, a great deal of today, and I this time. I yield the floor. then in the ninth hearing were the am sure tomorrow and Thursday. The PRESIDING OFFICER. The Sen- same two witnesses, Cheney and Pow- He has also been joined by Senator ator from Oklahoma. ell. And today, of course, I shared brief- LIEBERMAN as a principal sponsor, as Mr. NICKLES. Madam President, I ly a press conference with now-Sec- well as Senator MCCAIN, Senator BAYH, wish to speak on this resolution. retary of State Powell and had lunch and others. I compliment them. First, I compliment my friend and with now-Vice President CHENEY. So I heard some people debating this colleague, the Senator from Florida, that same team is together that was resolution as if they had not read it. Mr. NELSON, for his speech and for his together under the first George Bush, Senate Joint Resolution 46 is well writ- tenacity in trying to remind everyone ‘‘Old 41,’’ as we say. ten. It is supported by the administra- about the condition of Naval Aviator So I thank the Senator for that. tion. There was a lot of time spent in Speicher. I think that keeps pressure We did lay before the Senate a putting this resolution together. Some- on our Government, other govern- record. We have put a record before the times we legislate without reading. ments, and the Iraqi Government to Senate of hearings in the two commit- Sometimes we talk to people without disclose his whereabouts and his sta- tees to which you have referred. I had listening.

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10101 I encourage my colleagues to read tions, because it is about a four-page . . . Iraq shall not be permitted to develop the resolution. I hope it will get a summary, a short summary, but it is a and deploy an arsenal of frightening chem- unanimous vote. resolution we passed on July 31, 1998, ical and biological weapons under any cir- I looked at the resolutions we have Public Law 105–235, and talks about the cumstances. passed in the last many years dealing Iraqi breach of international obliga- Skipping a couple paragraphs: with Iraq. Going back to the resolution tions. The United States continues to exhaust all we passed in 1991, I remember that res- I will not read it all, but basically diplomatic efforts to reverse the Iraqi olution very plainly. A few days before the Iraqi Government totally failed to threat. But absent immediate Iraqi compli- that resolution passed, I was in Israel. comply with the U.N. resolutions. The ance with Resolution 687, the security threat doesn’t simply persist—it worsens. Saddam Saddam Hussein was making state- essence of the resolve—and I will read Hussein must understand the United States ments like: If war broke out, Israel it— has the resolve to reverse that threat by would burn. It would be consumed with Resolved by the Senate and House of Rep- force, if force is required. And, I must say, it fire. He was making all kinds of state- resentatives of the United States of America has the will. in Congress assembled, ments against the United States, I think Senator DASCHLE was right. I against Israel, against any potential That the Government of Iraq is in material and unacceptable breach of its international could go on. I have quotes from Vice ally. obligations, and therefore the President is President Gore, other prominent lead- As the previous administration, urged to take appropriate action, in accord- ers in Congress at the time. We passed President Bush 1, was putting together ance with the Constitution and relevant laws a strong resolution. an international coalition, Saddam of the United States, to bring Iraq into com- I ask unanimous consent that the Hussein was threatening anybody in pliance with its international obligations. 1998 resolution be printed in the that coalition. Congress debated, for That is the key phrase. This is what RECORD. months. You might remember that Ku- passed Congress in 1998. That was our There being no objection, the mate- wait was invaded in August of 1990. unified statement that we made in 1998, rial was ordered to be printed in the President Bush made a very strong that resolved we will ‘‘bring Iraq into RECORD, as follows: statement. He said: This invasion will compliance with its international obli- PUBLIC LAW 105–235 not stand. And he made that state- gations,’’ and we will use ‘‘appropriate A joint resolution of the 105th Congress ment: You are going to be removed action,’’ i.e., military action, if nec- finding the Government of Iraq in unaccept- from Kuwait, one way or another. essary, to get him to comply. able and material breach of its international Frankly, he made that strong state- That resolution passed the Senate obligations. ment, and he backed it up. He sent unanimously—unanimously—with no ‘‘Whereas hostilities in Operation Desert 550,000 United States troops to Saudi opposition. Storm ended on February 28, 1991, and the Arabia and Kuwait to build the mili- It had very strong support. I am conditions governing the cease-fire were tary force and, in the next 6 months, looking at some of the statements specified in United Nations Security Council Resolutions 686 (March 2, 1991) and 687 (April built an international coalition that made. I will just read part of one made 3, 1991); was unprecedented, unbelievably by President Clinton on February 17, ‘‘Whereas United Nations Security Council strong and powerful, with a number of 1998 regarding Iraqi noncompliance. He Resolution 687 requires that international countries, Arab and other countries, made this speech to the Joint Chiefs of economic sanctions remain in place until neighbors and from across the world, to Staff and the Pentagon dealing with Iraq discloses and destroys its weapons of stand up to Saddam Hussein’s invasion Iraq. It is very relevant today, as it mass destruction programs and capabilities of Kuwait and to kick him out of Ku- was in 1998. This is President Clinton: and undertakes unconditionally never to re- sume such activities; wait. Now, let’s imagine the future. What if he ‘‘Whereas Resolution 687 established the That war was fought. It was very suc- fails to comply, and we fail to act, or we United Nations Special Commission on Iraq cessful. And then President Bush take some ambiguous third route which (UNSCOM) to uncover all aspects of Iraq’s stopped the war at that point because gives him yet more opportunities to develop weapons of mass destruction programs and we achieved the U.N. resolution objec- this program of weapons of mass destruction tasked the Director-General of the Inter- tives, kicking Saddam Hussein out of and continue to press for the release of the national Atomic Energy Agency to locate sanctions and continue to ignore the solemn Kuwait. and remove or destroy all nuclear weapons commitments that he made? systems, subsystems or material from Iraq; Then there were several resolutions Well, he will conclude that the inter- that were passed, to which Saddam ‘‘Whereas United Nations Security Council national community has lost its will. He will Resolution 715, adopted on October 11, 1991, Hussein and the Iraqi Government then conclude that he can go right on and do empowered UNSCOM to maintain a long- agreed, that called for their disar- more and rebuild an arsenal of devastating term monitoring program to ensure Iraq’s mament and inspections. They agreed destruction. weapons of mass destruction programs are And some day, some way, I guarantee you, to these resolutions. We also passed dismantled and not restarted; he’ll use the arsenal. And I think every one ‘‘Whereas Iraq has consistently fought to resolutions that said we would use of you who’s really worked on this for any hide the full extent of its weapons programs, military force, if necessary, to compel length of time believes that, too. and has systematically made false declara- compliance. And the United Nations, President Clinton continued: subsequent to that, beginning in 1991, tions to the Security Council and to If we fail to respond today, Saddam and all UNSCOM regarding those programs, and has all the way through 1998, passed 16 res- those who would follow in his footsteps will systematically obstructed weapons inspec- olutions telling Saddam Hussein and be emboldened tomorrow by the knowledge tions for seven years; the Iraqi Government: You must com- that they can act with impunity, even in the ‘‘Whereas in June 1991, Iraqi forces fired on ply with these resolutions. face of a clear message from the United Na- International Atomic Energy Agency inspec- We went to war, developed an inter- tions Security Council and clear evidence of tors and otherwise obstructed and misled national coalition to force him out of a weapons of mass destruction program. UNSCOM inspectors, resulting in United Na- Kuwait and to force him to disarm, and I mention this. This was from Presi- tions Security Council Resolution 707 which he agreed. Unfortunately, he did not dent Bill Clinton, a very strong state- found Iraq to be in ‘‘material breach’’ of its ment. I read that statement. I am kind obligations under United Nations Security live up to his agreement. He lied. He Council Resolution 687 for failing to allow did not comply. He was defiant in his of proud of him and I think he was ex- UNSCOM inspectors access to a site storing noncompliance. actly right. Though his rhetoric was nuclear equipment; As a result, he continued to build pretty strong, his actions, unfortu- ‘‘Whereas in January and February of 1992, weapons of mass destruction. And the nately, were not. He said, we are going Iraq rejected plans to install long-term mon- United Nations passed resolutions say- to compel compliance. The Congress itoring equipment and cameras called for in ing: You must comply, and, if nec- passed a resolution saying, we will do United Nations resolutions, resulting in a essary, we will use force. I could put in what is necessary to compel compli- Security Council Presidential Statement of all these resolutions. February 19, 1992 which declared that Iraq ance. But we didn’t follow up. was in ‘‘continuing material breach’’ of its Mr. President, I ask unanimous con- I will read to you a statement made obligations; sent to have printed in the RECORD the by Senator DASCHLE on the floor, the ‘‘Whereas in February of 1992, Iraq contin- resolution that passed Congress, the Democrat leader at the time. This was ued to obstruct the installation of moni- Iraqi Breach Of International Obliga- made on February 12, 1998: toring equipment, and failed to comply with

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10102 CONGRESSIONAL RECORD — SENATE October 8, 2002 UNSCOM orders to allow destruction of mis- gines from Iraq for analysis, resulting in a stitution and relevant laws of the United siles and other proscribed weapons, resulting Security Council Presidential statement States, to bring Iraq into compliance with in the Security Council Presidential State- which ‘‘deplore[d]’’ Iraq’s refusal to cooper- its international obligations.’’ ment of February 28, 1992, which reiterated ate with UNSCOM; Approved August 14, 1998. that Iraq was in ‘‘continuing material ‘‘Whereas on April 9, 1997, Iraq violated the Mr. NICKLES. Later in 1998, the U.N. breach’’ and noted a ‘‘further material no-fly zone in southern Iraq and United Na- weapons inspectors were kicked out of breach’’ on account of Iraq’s failure to allow tions Security Council Resolution 670, ban- destruction of ballistic missile equipment; ning international flights, resulting in a Se- Iraq. We bombed them. Then nothing ‘‘Whereas on July 5, 1992, Iraq denied curity Council statement regretting Iraq’s happened. Since 1998, for the last 4 UNSCOM inspectors access to the Iraqi Min- lack of ‘‘special consultation’’ with the years, we haven’t had any weapons in- istry of Agriculture, resulting in a Security Council; spectors in Iraq. They have done ex- Council Presidential Statement of July 6, ‘‘Whereas on June 4 and 5, 1997 Iraqi offi- actly as President Clinton forecasted 1992, which declared that Iraq was in ‘‘mate- cials on board UNSCOM aircraft interfered they would do. They have continued to rial and unacceptable breach’’ of its obliga- with the controls and inspections, endan- build their weapons of mass destruc- tions under United Nations resolutions; gering inspectors and obstructing the ‘‘Whereas in December of 1992 and January UNSCOM mission, resulting in a United Na- tion, and they have been emboldened of 1993, Iraq violated the southern no-fly tions Security Council Presidential State- by our lack of action, by the lack of zone, moved surface-to-air missiles into the ment demanding Iraq end its interference will. no-fly zone, raided a weapons depot in inter- and on June 21, 1997, United Nations Security As a matter of fact, in all those nationally recognized Kuwaiti territory and Council Resolution 1115 threatened sanctions years, the Oil-for-Food program grew. denied landing rights to a plane carrying on Iraqi officials responsible for these inter- At that point he was exporting a little United Nations weapons inspectors, resulting ferences; bit of oil for food. That figure has in a Security Council Presidential State- ‘‘Whereas on September 13, 1997, during an quadrupled in the last few years. Every inspection mission, an Iraqi official attacked ment of January 8, 1993, which declared that 6 months it was renegotiated. And due Iraq was in an ‘‘unacceptable and material UNSCOM officials engaged in photographing breach’’ of its obligations under United Na- illegal Iraqi activities, resulting in the Octo- to pressure from a lot of countries it tions resolutions: ber 23, 1997, adoption of United Nations Secu- was renegotiated; yes, we don’t want ‘‘Whereas in response to continued Iraqi rity Council Resolution 1134 which threat- the Iraqi people to suffer so we will defiance, a Security Council Presidential ened a travel ban on Iraqi officials respon- allow them to sell more oil. Saddam Statement of January 11, 1993, reaffirmed the sible for noncompliance with United Nations Hussein has abused that program and previous finding of material breach, followed resolutions; exported a lot more oil. He has basi- ‘‘Whereas on October 29, 1997, Iraq an- on January 13 and 18 by allied air raids, and cally been producing almost all he can. on January 17, with an allied missile attack nounced that it would no longer allow Amer- on Iraqi targets; ican inspectors working with UNSCOM to He has taken that money and put it ‘‘Whereas on June 10, 1993, Iraq prevented conduct inspections in Iraq, blocking back into his weapons of mass destruc- UNSCOM’s installation of cameras and mon- UNSCOM teams containing Americans to tion. He is not taking care of his peo- itoring equipment, resulting in a Security conduct inspections and threatening to shoot ple. We have Congressmen who were in Council Presidential Statement of June 18, down United States U–2 surveillance flights Iraq last week talking about how piti- 1993, declaring Iraq’s refusal to comply to be in support of UNSCOM, resulting in a United ful it is that some of the kids are living a ‘‘material and unacceptable breach’’; Nations Security Council Resolution 1137 on in the hospitals and so on. Saddam ‘‘Whereas on October 6, 1994, Iraq threat- November 12, 1997, which imposed the travel Hussein has made billions off of oil, ened to end cooperation with weapons in- ban on Iraqi officials and threatened unspec- spectors if sanctions were not ended, and one ified ‘‘further measures’’; most of it illegally, but instead of day later, massed 10,000 troops within 30 ‘‘Whereas on November 13, 1997, Iraq ex- using that money for the health and miles of the Kuwaiti border, resulting in pelled United States inspectors from Iraq, well-being of the Iraqi people, he has United Nations Security Council Resolution leading to UNSCOM’s decision to pull out its used it to build weapons of mass de- 949 demanding Iraq’s withdrawal from the remaining inspectors and resulting in a struction. Kuwaiti border area and renewal of compli- United Nations Security Council Presi- President Clinton was pretty insight- ance with UNSCOM; dential Statement demanding Iraq revoke ful of what would happen. Unfortu- ‘‘Whereas on April 10, 1995, UNSCOM re- the expulsion; ported to the Security Council that Iraq had ‘‘Whereas on January 16, 1998, an UNSCOM nately, during his term, things got concealed its biological weapons program, team led by American Scott Ritter was with- worse. The inspectors were basically and had failed to account for 17 tons of bio- drawn from Iraq after being barred for three kicked out of Iraq. They were denied logical weapons material resulting in the Se- days by Iraq from conducting inspections, re- access. There is a long litany. I will in- curity Council’s renewal of sanctions against sulting in the adoption of a United Nations sert in the RECORD a list of Iraqi non- Iraq; Security Council Presidential Statement de- compliance with the arms control in- ‘‘Whereas on July 1, 1995, Iraq admitted to ploring Iraq’s decision to bar the team as a spectors, how they basically stopped a full scale biological weapons program, but clear violation of all applicable resolutions; denied weaponization of biological agents, ‘‘Whereas despite clear agreement on the them from doing their job. They did a and subsequently threatened to end coopera- part of Iraqi President Saddam Hussein with decent job on occasion because they tion with UNSCOM resulting in the Security United Nations General Kofi Annan to grant would get some insights from a defec- Council’s renewal of sanctions against Iraq; access to all sites, and fully cooperate with tor, but Saddam Hussein’s mistress was ‘‘Whereas on March 8, 11, 14, and 15, 1996, UNSCOM, and the adoption on March 2, 1998, laughing about the fact Saddam Hus- Iraq again barred UNSCOM inspectors from of United National Security Council Resolu- sein would laugh that he would con- sites containing documents and weapons, in tion 1154, warning that any violation of the tinue to conceal these weapons and ba- response to which the Security Council agreement with Annan would have the ‘‘se- sically defy the United Nations and the issued a Presidential Statement condemning verest consequences’’ for Iraq, Iraq has con- ‘‘clear violations by Iraq of previous Resolu- tinued to actively conceal weapons and United States. tions 687, 707, and 715’’; weapons programs, provide misinformation We have had a change in the United ‘‘Whereas from June 11–15, 1996, Iraq re- and otherwise deny UNSCOM inspectors ac- States. Now we have President Bush, peatedly barred weapons inspectors from cess; who said we should enforce the U.N. military sites, in response to which the Se- ‘‘Whereas on June 24, 1998, UNSCOM Direc- resolutions. We should stand up to Sad- curity Council adopted United Nations Secu- tor Richard Butler presented information to dam Hussein. Things have changed. rity Council Resolution 1060, noting the the United Nations Security Council indi- September 11 of last year did change ‘‘clear violation on United Nations Security cating clearly that Iraq, in direct contradic- things. It made us aware we are vulner- Council Resolutions 687, 707, and 715’’ and in tion to information provided to UNSCOM, response to Iraq’s continued violations, weaponized the nerve agent VX; and able to terrorists. Saddam Hussein has issued a Presidential Statement detailing ‘‘Whereas Iraq’s continuing weapons of coalesced, has financed, has trained Iraq’s ‘‘gross violation of obligations’’; mass destruction programs threaten vital terrorists. The idea he is building these ‘‘Whereas in August 1996, Iraqi troops United States interests and international weapons of mass destruction and they overran Irbil, in Iraqi Kurdistan, employing peace and security: NOw, therefore, be it might be distributed to potential ter- more than 30,000 troops and Republican ‘‘Resolved by the Senate and House of Rep- rorists is just not acceptable. Guards, in response to which the Security resentatives of the United States of America in What needs to be done? Frankly, Council briefly suspended implementation on Congress assembled, That the Government of United Nations Security Council Resolution Iraq is in material and unacceptable breach what needs to be done is to enforce the 986, the United Nations oil for food plan; of its international obligations, and there- existing U.N. resolutions and to reaf- ‘‘Whereas in December 1996, Iraq prevented fore the President is urged to take appro- firm them. Some people have said: We UNSCOM from removing 130 Scud missile en- priate action, in accordance with the Con- don’t think President Bush should just

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10103 move unilaterally. The world commu- United States, earlier in his invasion have suffered enough under Saddam nity signed off on those U.N. resolu- and also in events that led up to the Hussein. This is really for the libera- tions, and at the time we gave those war in 1991. tion of the Iraqi people, just like get- U.N. resolutions the use of force, if nec- I think he understands, too, that ting rid of the Taliban in Afghanistan essary, to compel compliance. What President Bush is very forceful. He was liberation for the Afghan people. has changed? means exactly what he says. If there is They have been suppressed for too In 1998, we reaffirmed the use of any chance to have a peaceful resolu- long. This tyrant, this dictator who ex- force, if necessary, to compel compli- tion in Iraq, it will only be after we ecuted people himself and had relatives ance. Are things better now than they pass this resolution, and he under- executed, and countless people who were in 1998? He kicked the arms con- stands quite well that we will use might be his political opponents have trol inspectors out, and they are build- force, if necessary, to compel compli- been executed—he needs to go. ing all kinds of weapons. I don’t see ance. Maybe then he will have a change In 1998, this Congress said we are for how anything is better. Things are of behavior. If not, he will pull the U.N. a regime change in Iraq. We were for it worse, just as President Clinton pre- around and play them like a fiddle and in 1998. We are for it now. In my opin- dicted they would be. try to do some type of diplomatic ion, we will not really have a return to We have rewarded his noncompli- dance, never to do anything. He did a peaceful, growing, prosperous Iraq that quite successfully for years. ance. The international community until there is a regime change. We will He will not be successful with Presi- has rewarded his noncompliance, and not have any confidence that there is dent Bush and this team. President the United Nations has basically fallen any peaceful outlook for Iraq as long as into a group that lost its prestige and Bush has assembled a team—I respect Saddam Hussein is in the area. This the status of being able to say: The President Bush greatly for the speeches Congress spoke in 1998 strongly and world community is making a state- he has made and for his courageous po- unanimously for regime change. I still ment. This will not stand. sitions but also for the team he has put think that is needed. The point I want They have allowed it to stand. They together. His Vice President, DICK CHE- to make is that if military conflict have allowed it to be neutered, to be NEY, is former Secretary of Defense, ineffective. Now we have a President and he has dealt with Saddam Hussein. breaks out, it will not be a war with Bush who went to the United Nations His Secretary of State, Colin Powell, the Iraqi people. The war is with the and said: These resolutions are still in was the Chairman of the Joint Chiefs leadership of Iraq, the unelected lead- effect. We need to enforce them. There in the war in 1991. Secretary Rumsfeld er, Saddam Hussein, the tyrant who is a real danger out there. It is a dan- is well respected by our military lead- continues to oppress his people, basi- ger not to us, the United States, but to ers and around the world. President cally stealing their money and using it the world. Bush has put together a great team— to build weapons of mass destruction Many people in this body have said: I one that probably wasn’t designed for for his purposes, which is not for the don’t want him to move unilaterally, this problem, but it could not be more well-being of the Iraqi people, but, but let’s do it in conjunction with the experienced and ready to take on this frankly, for his desire to build a mili- United Nations. President Bush didn’t enormous challenge. I have great con- tary machine that can threaten us. have to do that, but he did. He went to fidence in their ability to be able to do That is not acceptable. the United Nations and made a very the job. I believe this resolution, when it strong speech. He is working to rebuild Is it without risk? No. Sure, there is passes—and I hope it does overwhelm- the international coalition that dis- risk involved. There is a lot that is in- ingly—will send a strong signal to the sipated, if not disappeared, during the volved. But doing nothing is a greater world and to Saddam Hussein that Clinton administration. The Clinton risk. Doing nothing is a much greater these resolutions can, should, and will administration inherited the strongest, risk. If we want to have any hope of a be enforced. largest international coalition maybe peaceful resolution or to have this hap- I yield the floor. ever assembled against a tyrant in Sad- pen successfully without military con- The PRESIDING OFFICER. The Sen- dam Hussein in 1990 and 1991. By the flict, it will only be after Saddam Hus- ator from Connecticut is recognized. year 2000, that international coalition sein realizes the United States is be- Mr. LIEBERMAN. Mr. President, I was totally gone. hind our President, our Commander in thank the Senator from Oklahoma for Saddam Hussein was producing all Chief, and that we will enforce these his very strong statement on behalf of the weapons he wanted. There were no resolutions. These resolutions don’t the resolution Senators WARNER, BAYH, arms control inspectors. It really dete- have to be pieces of paper that are MCCAIN, I, and others have put before riorated over those 8 or 9 years. going to be ignored; they are the rule the Senate. I also thank my friend and President Bush is trying to rebuild and effect of law. I hope the inter- colleague from Florida, Senator NEL- it. He made the speech to the United national community comes together. SON, for his strong statement on behalf Nations. He has contacted Members of The U.N. passing a strong resolution of the amendment we have offered. I Congress. He has brought many of us is much greater after they see the Con- think together they form bookends into the White House. He made a gress speak with one voice and pass that are bipartisan and quite strong in speech last night to the American peo- overwhelmingly a resolution stating endorsing our resolution, and also in ple as well as to Congress. we believe the existing resolutions responding to some of the complaints, People said: We want Congress to should be enforced. We do not think it or questions, or criticisms about it speak on this so we will be united. He is satisfactory to have Saddam Hus- that have been made in this first day of came to Congress. He asked for a reso- sein—a person who used chemical direct debate on it, which I do want to lution. We are going to give him a reso- weapons against his own people, who do a little bit more of myself. lution. We are going to show the Con- fought wars with Iran, who has invaded gress is behind the President, I hope Kuwait, and who lobbed missiles Mr. NICKLES. Will the Senator yield with an overwhelming vote, an over- against Saudi Arabia and the Israeli for a moment? whelming vote. people, we don’t think it is satisfactory Mr. LIEBERMAN. Yes. What have we learned since 1991? for that person, that regime, to be able Mr. NICKLES. I compliment the Sen- Many people who voted no on the reso- to develop and continue to manufac- ator for his leadership on this. I have lution in 1991 said: Let’s give the sanc- ture tons and tons and tons of chemical actually read the resolution. I think it tions a chance. I think we have had a and biological weapons, and work on is a very good product, bipartisan, due little period of understanding now that nuclear weapons that could threaten in large part to the Senator’s leader- Saddam Hussein doesn’t care about millions of people—millions of people. ship. I remember working with him on sanctions and he doesn’t care about That is not satisfactory. It needs to the 1991 resolution, as well as Senator U.N. resolutions. He doesn’t care about be stopped. I believe this President will WARNER and many others who were on pieces of paper. He does care about do it. I think this resolution will be a the floor 11 years ago. So I thank my force. He respects force. big step in the right direction. friend and colleague from Connecticut. He misjudged the will of President I want to make one final comment, We have had the pleasure of working Bush 1. He misjudged the will of the and this is to the Iraqi people. They together on many issues, and this is

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10104 CONGRESSIONAL RECORD — SENATE October 8, 2002 one of the most important. The Sen- the United Nations related to Iraq. The declare war, to authorize military ac- ator’s leadership is very notable and initial language submitted by the tion, but also, by complying with the commendable, and I thank him for it. White House had a third clause which War Powers Act, embraces the later Mr. LIEBERMAN. Mr. President, I would justify military action, and that section of article I that says Congress thank the Senator for his kind words. I was to give the President authority to is empowered to adopt legislation to remember our work together in 1991. take military action to restore inter- implement the powers the Constitution We are older and maybe wiser. In any national peace and security to the re- gives. case, I am proud to be working with gion. That was a good step forward to Finally, there is a requirement that the Senator and others on both sides of grant the President authority but to the President report every 60 days to the aisle in a good cause. limit the authority. Congress on military operations and on I want to say, as he talked about I take it also to be a limitation on the planning for close of conflict ac- reading the resolution—and I think duration, although some have spoken tivities, such as reconstruction and that is important and I hope all our today and in previous days about the peacekeeping. It is not too soon to colleagues will read it—not just the fact that this is unlimited. This is lim- begin to plan for that now. I had occa- ‘‘resolved’’ part, but the ‘‘whereas,’’ ited to the duration of authority nec- sion to speak on this subject last night the preamble. essary to address the current and ongo- at the Wilson Center here in Wash- There have been suggestions here and ing threats posed by Iraq. When those ington. there that either this resolution we threats are over, the authority is gone. The bottom line is the ultimate have adopted was sort of patched to- Because the connection between sec- measurement of the success of war is gether in a hurry, or that the White tions 1 and 2 of the material parts of the quality of peace that follows. We House just dictated it. The good news the resolve clause, which is the condi- have an obligation not just to, if nec- is this resolution is the result of a bi- tions that would justify military ac- essary, tear down the dictatorship that partisan, bicameral, House-Senate ne- tion, are joined by the word ‘‘and’’ and Saddam has built in Iraq, but to help gotiation with the White House in a not by the word ‘‘or,’’ I think it is the Iraqi people build up a government spirit of accommodation and com- meant to clarify that this authority that will follow in a better life, better promise as part of a desire to go for- applies only to the relevant United Na- economy, and more freedom for them- ward together. Some significant changes were made in the resolution tions resolutions regarding Iraq. selves, and this reporting requirement There was another significant from the original draft sent by the will be an incentive for that to happen. change. We also asked the White House Obviously, I hope and trust our col- White House that were requested by and they agreed to put in language Members of Congress, including par- leagues will read the resolution in full. that requires the President to submit ticularly Members on the Democratic I want my colleagues to understand a to Congress a determination, prior to side of the aisle. significant process of negotiation went I just want to mention very briefly using force, that further diplomatic on between Democrats and Republicans those changes. They include, first, sup- means will not protect the national se- in the House and the Senate and the port for and prioritization of American curity of the American people or lead White House before this resolution, diplomatic efforts at the U.N. Just so to enforcement of U.N. resolutions—an- which the President does support, was there would be no doubt that what we other way, consistent incidentally with introduced into the Senate. were authorizing or intending to au- the gulf war resolution of 1991, to make I see my friend from Colorado. thorize was a unilateral, go-it-alone, it clear in this resolution that the pol- Mr. ALLARD. Will my friend yield? ‘‘don’t care what anybody else says in icy of the United States is not to go to Mr. LIEBERMAN. Madam President, the world’’ military strike at Saddam war first but to go to war last, after all I will be happy to yield to the Senator. Hussein, it is not that. In fact, at the other means of achieving Saddam’s dis- Mr. ALLARD. I thank the Senator heart of this resolution is the author- armament have failed. from Connecticut for yielding. ity given to the President to enforce We also require the President to sub- Madam President, I wish to express United Nations resolutions in great mit to Congress a determination, prior again my appreciation for his leader- number, which have been consistently to using force, that taking military ac- ship on this very important subject. He ignored, violated, denied, and deceived tion against Iraq is consistent with is recognized in the Senate as some- by Saddam Hussein over the decade. continuing efforts by the United States body who is an expert on Middle East While Congress is only able to au- and other nations to take the nec- affairs, and a lot of us lean on his opin- thorize the President, as Commander essary actions against international ion as we go through these debates. in Chief, to take military action, the terrorists or terrorist organizations. I am sure the President appreciates clear implication that I read into our Justifiable concern was expressed the Senator from Connecticut sitting resolution—but more than that, the that somehow a potential war against down and working with him in a bipar- clear statement of intention of the Iraq would interrupt, disrupt, deter the tisan manner. President should we face the moment ongoing war on terrorism. I compliment the Senator publicly we hope we do not face, when either As I said, I think the two are con- for his fine work on this resolution. Saddam does not respond to the U.N. or nected because Saddam is a terrorist Mr. LIEBERMAN. Madam President, the U.N. itself refuses to authorize ac- and supports terrorism and has had I say to my friend and colleague from tion to enforce its resolutions, then I contacts with al-Qaida, but this makes Colorado, he is very gracious. I appre- think the President has made clear, clear the President has to make a de- ciate it. It is an honor to have this op- and those of us who are sponsoring the termination publicly to Congress that portunity to be involved in this very resolution have made clear, that the these two are not in conflict and then important debate and to do so across United States will not go it alone and requiring the President to comply with party lines. I thank him for his we will not have to, as a result of the the War Powers Act which mandates thoughtful advocacy of this resolution decision to go to the U.N., as a result regular consulting and reporting proce- and of a strong U.S. presence in this re- of the consultation with allies in Eu- dures. gion generally. I appreciate it. rope and Asia, in the Middle East and I spoke earlier this afternoon and Madam President, not seeing anyone elsewhere in the world, as a result of said to my colleagues I did not under- else who wishes to speak at this time, the discussion and debate here and stand why there were some who said I want to begin to respond to some of what I hope will be strong bipartisan this resolution was somehow in con- the thoughtful questions that were support of this underlying resolution. travention of the Constitution. One raised by the Senator from Oregon, and If we come to that moment where we might disagree with the evaluation we to some extent by the Senator from have no other choice but war, then it is sponsors of the resolution have made Massachusetts, about the imminence of clear that we will have allies in good about the danger of Iraq under Saddam the threat that Iraq represents and the number at our side. That was one of or of the imminence of the threat, but basic question of, why now? what is the the items we added to the resolution. clearly the language of this resolution rush? We also limited the scope of the au- is not only within the power that Con- For my own part, as I said earlier thorization to Iraq and resolutions of gress is given by the Constitution to today, the question for me is, why not

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We have gone Baath Party, so-called pan-Arabic argues loudly that the continuing through almost 11 years since the gulf views, and the extent to which his threat referred to in the literal word- war, since the armistice, the cease-fire dream and his ambition is to be the ing of the authorization clause is both agreement by which Saddam com- new Saladin of the Arab world and con- grave and imminent and calls out for mitted himself to adhere to the various trol the entire Arab world. the action and the strength that this U.N. resolutions and then proceeded So that is what these weapons are resolution requires. rapidly to violate almost all of them, for, and his Arab neighbors are the The best way to achieve peace is to to play a cat-and-mouse game with the nearest and most immediate targets of prepare for war. That is what has been U.N. inspectors, testified to by so many that, many of whom are very good al- said so many times in the past, par- of them, including the most memorable lies of ours and from whose countries ticularly when dealing with a dan- to me, Richard Butler, the Australian we receive much of the oil that fuels gerous dictator like Saddam Hussein— who headed the UNSCOM inspectors our economy, as well as the economy of and through his agents—an aggressor, during the nineties, saying—and he the rest of the world. a brutal killer himself. used the word ‘‘lies.’’ He said the Iraqis So this has been building. Yet Sep- There is no substitute for strength. under Saddam kept telling lies about tember 11, 2001, has had a profound ef- We are a strong Nation and we are what they had and did not have. fect on all of us. Speaking for myself, marshaling that strength before the The record sadly shows—and there is it has had a profound effect on me. United Nations, before the world com- now an indisputable record in this re- We look back and we say we knew munity and directly to Saddam Hus- gard—that they have a growing inven- what Osama bin Laden was saying; we sein, hoping the message will get tory of very deadly toxins, biological, knew his hatred for the United States; through and he will disarm without re- and chemical weapons. we knew he had struck at the two quiring the U.N., or an international We say with some glibness, because American embassies in Africa; we knew coalition led by the United States, to we say it so much, that Saddam is he had attacked the USS Cole. disarm him. That is our hope. That is probably the only leader of a country We made some attempt to strike our prayer. But we will not achieve it in the world today who has used chem- back at him, but now having experi- unless our intentions are clear and enced the horror of September 11, 2001, ical weapons. He has, and used them strong. don’t we wish we had invaded Afghani- not just once but several times against There is a wonderful sentiment, an stan, overthrown the Taliban, and dis- the Kurdish people, citizens of Iraq, insight that I read a while ago from rupted al-Qaida before September 11, and on some occasions actually having GEN Douglas MacArthur, obviously a 2001? Of course, we all do. The will was medical personnel nearby to follow up, great soldier but also a great student not there, notwithstanding the warn- not to help those who were attacked, of warfare. MacArthur once said, and I ings. quote: The history of failure in war can but to use them as if they were test ob- So in terms of imminence, this reso- be summed up in two words, ‘‘too jects, to see to what extent they were lution uses the phrase ‘‘continuing late’’—too late in comprehending the hurt or how they were killed. That is threat,’’ that we authorize the Presi- how brutal and inhumane this regime dent to use the Armed Forces of the deadly purpose of a potential enemy; is. United States to defend the national too late in realizing the mortal danger; All the time this deceit and decep- security of the United States against too late in preparedness; too late in tion was going on, we tried everything the continuing threat posed by Iraq. uniting all possible forces for resist- over and over to stop the violations of When we put together Saddam’s ha- ance; too late in standing with one’s the U.N. agreements. Nothing worked— tred for the United States—I quoted friends. inspections, sanctions, Food for Oil, earlier today, February 15, 1991, in de- It is a brilliantly insightful and mov- trade restrictions, and even limited feat, after the gulf war, Saddam said: ing quote, and remarkably relevant to military action. Every Iraqi child, woman, and old man the challenge that our resolution puts That is why we come to this point knows how to take revenge. They will before our colleagues—too late in com- where we have said enough is enough. avenge the pure blood that has been shed, no prehending the deadly purpose of a po- There is no question, in terms of is this matter how long it takes. tential enemy, that is the case we are imminent, that the events of Sep- Surely, that was one of the reasons making, the continuing threat of Sad- tember 11, 2001, have affected our judg- he attempted to assassinate former dam Hussein, grave and imminent; too ment. I say for myself they have af- President Bush on a visit to Kuwait; late in realizing the mortal danger— fected my judgment. I have said now why he, according not to this Senator that is the point that he continues to that I have felt this way about Saddam or any other Senator but according to build an inventory of chemical and bio- for a long time. our own State Department, is one of logical weapons that pose literally a In 1998, former Senator Bob Kerrey, seven nations on the State Department mortal danger, the danger of killing Senator MCCAIN, Senator LOTT, and I list of state sponsors of terrorism who Americans in great number if we do cosponsored the Iraq Liberation Act has supported terrorist groups that not stop him. based on the constant deception and have killed Americans. In the colloquy I had earlier today violation of the U.N. inspection team, So I read the word ‘‘continuing with the Senator from Virginia, Mr. kicking them out of Iraq. That act de- threat’’ as contained in our resolution WARNER, I expressed that there has clared it American policy to no longer to hold within it implicitly the words been a lot of debate leading up to this just contain Saddam, but because of ‘‘grave and imminent’’ that some of resolution about whether Saddam has the danger that he was brewing within our colleagues have said they wish nuclear capacity and when he will his borders with chemical and biologi- were there. achieve it. Is it going to be a year, 6 cal weapons, ballistic missiles and un- The record shows that. The experi- years, 10 years? I do not know, but I do manned aerial vehicles which he could ence of September 11, 2001, shows that. know he possesses biological weapons deliver on targets near and far, that we I do not want to look back on some today, deadly biological weapons, with had to adopt a new policy to change dark day in the near or not so near fu- the capacity to deliver them with bal- the regime. That was adopted into law ture, after some terrorist group sup- listic missiles, and now increasingly in 1998. ported by Saddam, or Iraq itself, has sophisticated and small unmanned aer- So as for myself, I have had this feel- struck at allies of ours in the region or ial vehicles, which when taken to- ing about Saddam and his potential to at American forces there or at Ameri- gether could, in the worst nightmare use these weapons to expand his con- cans in the United States itself, which scenario, create as much or more dev- trol of the Arab world. This is what I he is capable of doing, and say I wish astation and death than the kind of referred to earlier in the day in the in- we had taken action against him before primitive nuclear weapon he will soon- credibly timely book that has just he acted against us. We do not ever er or later possess. So that is the mor- come out by Kenneth Pollack, an ex- want to face a moment like that again. tal danger in MacArthur’s warning. pert on Iraq, called ‘‘A Threatening So I believe the record before us, re- Too late in preparedness, well, that is Storm.’’ In that book, Mr. Pollack tells cited in some detail in the preamble, what we are authorizing the President,

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That puts the neighbors of Since in 1990 in response to Iraq’s war of aggression against and illegal occupation of government to begin working with the Iraq at risk, it puts countries all Kuwait, the United States forged a coalition broad-based Iraqi opposition to Saddam around the world at risk. of nations to liberate Kuwait and its people Hussein. There is no doubt in my mind Sad- in order to defend the national security of Finally, too late in standing with dam Hussein has the capability of the United States and enforce United Na- one’s friends. Here we are talking using weapons of mass destruction. He tions Security Council resolutions relating about our friends in the Middle East is capable mentally of doing that. He to Iraq: and the Persian Gulf. Good friends. has done it before. He has used it on his Since after the liberation of Kuwait in Arabs, mostly, but also obviously own. If he can use it on his own, he 1991, Iraq entered into a United Nations Israelis. I say ‘‘Arabs mostly’’ because sponsored cease-fire agreement pursuant to would certainly be willing to use it any which Iraq unequivocally agreed, among if you follow the line of Saddam’s am- place else. If we look at biological other things, to eliminate its nuclear, bio- bitions, they are to control the Arab weapons, there is not much doubt he logical, and chemical weapons programs and world. That is what the invasion of has the capability to use biological the means to deliver and develop them, and Iran was about, that is what the inva- weapons. Their threat is extremely se- to end its support for international ter- sion of Kuwait was about. rious. That is another threat that will rorism; If we give him the opportunity, that continue to grow. We know he is out Since the efforts of international weapons is what future invasions, using chem- there trying to develop nuclear capa- inspectors, United States intelligence agen- cies, and Iraqi defectors led to the discovery ical, biological, and potentially nuclear bility. That expands even more my weapons, will be about. that Iraq had large stockpiles of chemical concerns about an expanding risk as we weapons and a large scale biological weapons It is time to stand with our friends in continue to delay action. that region. I repeat, the history of program, and that Iraq had an advanced nu- We need to move forward. We need to clear weapons development program that failure in war can be summed up in two move forward quickly. The sooner we was much closer to producing a nuclear words: Too late. Too late in compre- get this resolved, the sooner we get the weapon than intelligence reporting had pre- hending the deadly purpose of a poten- support from the United Nations, we viously indicated; tial enemy. Too late in realizing the Since Iraq, in direct and flagrant violation can move forward, give the President mortal danger. Too late in prepared- of the cease-fire, attempted to thwart the ef- that option, a final option, that, if nec- ness. Too late in uniting all possible forts of weapons inspectors to identify and essary, he will go in, even unilaterally, forces for resistance. Too late in stand- destroy Iraq’s weapons of mass destruction ing with one’s friends. This resolution to protect the interests of the United stockpiles and development capabilities, is our way of saying to the American States, to protect the Americans, and, which finally resulted in the withdrawal of if necessary, protect our friends and al- inspectors from Iraq on October 31, 1998; people, to the United Nations, to our Since in 1998 Congress concluded that allies in the Middle East and to Sad- lies in the Middle East. There is a quote in the President’s Iraq’s continuing weapons of mass destruc- dam Hussein, this time we cannot, we tion programs threatened vital United must not, and we will not wait until it speech last night I will restate. He says States interests and international peace and is too late. approving this resolution does not security, declared Iraq to be in ‘‘material I yield the floor. mean military action is imminent or and unacceptable breach of its international The PRESIDING OFFICER. The Sen- unavoidable. The resolution will tell obligations’’ and urged the President ‘‘to ator from Colorado. the United Nations and all nations that take appropriate action, in accordance with Mr. ALLARD. Mr. President, I will America speaks with one voice and is the Constitution and relevant laws of the make a few brief comments. I associate determined to make the demands of United States, to bring Iraq into compliance myself completely with the statement the civilized world mean something. with its international obligations’’ (Public Law 105–235); made by the Senator from Connecticut. Congress will also be sending a message Since Iraq both poses a continuing threat I thought they were thoughtful com- to the dictator in Iraq that his only to the national security of the United States ments. I also think Senator NICKLES choice is full compliance. That is key. and international peace and security in the from Oklahoma, who spoke prior to The time remaining for that choice is Persian Gulf region and remains in material him, did a nice job of laying out for the limited. We need to act quickly. I am and unacceptable breach of its international Senate this issue, whether we should glad we have this before the Senate. We obligations by, among other things, con- move forward with the resolution the should have had it earlier than this tinuing to possess and develop a significant President has requested. week, but hopefully we will get it out chemical and biological weapons capability, actively seeking a nuclear weapons capa- I believe the President seeks to avoid this week and move forward. conflict. I don’t think there is anyone bility, and supporting and harboring ter- I suggest the absence of a quorum. rorist organizations; in this Chamber who wants to see us go The PRESIDING OFFICER. The Since Iraq persists in violating resolutions into a conflict as a first option. We are clerk will call the roll. of the United Nations Security Council by very much concerned about the lives of The assistant legislative clerk pro- continuing to engage in brutal repression of our men and women who serve in the ceeded to call the roll. its civilian population thereby threatening military. We certainly do not want to Mr. REID. Mr. President, I ask unan- international peace and security in the re- gion, by refusing to release, repatriate, or put them at risk unnecessarily. imous consent the order for the The question occurs, if Saddam Hus- account for non-Iraqi citizens wrongfully de- quorum call be rescinded. tained by Iraq, including an American serv- sein fails to comply, are we prepared to The ACTING PRESIDENT pro tem- use force? I look at it this way. Histori- iceman, and by failing to return property pore. Without objection, it is so or- wrongfully seized by Iraq from Kuwait; cally, if we look at Iraq and what has dered. Since the current Iraqi regime has dem- been happening, I don’t think anyone The Senator from Connecticut. onstrated its capability and willingness to can deny there is a buildup. We either use weapons of mass destruction against AMENDMENT NO. 4856, AS MODIFIED address it now or we address it later. I other nations and its own people; am of the view the sooner we address Mr. LIEBERMAN. Mr. President, I Since the current Iraq regime has dem- this problem, the less the risk will be. have a technical modification of the onstrated its continuing hostility toward, If we continue to let the problem grow, amendment that we offered earlier, and and willingness to attack, the United States, it increases the risks to our men and it is at the desk. including by attempting in 1993 to assas- women in the military who may be The ACTING PRESIDENT pro tem- sinate former President Bush and by firing pore. The amendment is so modified. on many thousands of occasions on United called into battle as a result of non- States and Coalition Armed Forces engaged compliance with Iraq. Hopefully we do The amendment (No. 4856), as modi- in enforcing the resolutions of the United not reach that point. fied, is as follows: Nations Security Council; I compliment the President on his Strike all after the resolving clause and in- Since members of Al Qaida, an organiza- leadership. It is the kind of leadership sert the following: tion bearing responsibility for attacks on the

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United States, its citizens, and interests, in- fire and other United Nations Security Coun- (c) WAR POWERS RESOLUTION REQUIRE- cluding the attacks that occurred on Sep- cil resolutions make clear that it is in the MENTS.— tember 11, 2001, are known to be in Iraq; national security interests of the United (1) SPECIFIC STATUTORY AUTHORIZATION.— Since Iraq continues to aid and harbor States and in furtherance of the war on ter- Consistent with section 8(a)(1) of the War other international terrorist organizations, rorism that all relevant United Nations Se- Powers Resolution, the Congress declares including organizations that threaten the curity Council resolutions be enforced, in- that this section is intended to constitute lives and safety of American citizens; cluding through the use of force if necessary; specific statutory authorization within the Since the attacks on the United States of Since Congress has taken steps to pursue meaning of section 5(b) of the War Powers September 11, 2001, underscored the gravity vigorously the war on terrorism through the Resolution. of the threat posed by the acquisition of provision of authorities and funding re- (2) APPLICABILITY OF OTHER REQUIRE- weapons of mass destruction by inter- quested by the President to take the nec- MENTS.—Nothing in this resolution super- national terrorist organizations; essary actions against international terror- sedes any requirement of the War Powers Since Iraq’s demonstrated capability and ists and terrorist organizations, including Resolution. willingness to use weapons of mass destruc- those nations, organizations or persons who SEC. 5. REPORTS TO CONGRESS. tion, the risk that the current Iraqi regime planned, authorized, committed or aided the (a) The President shall, at least once every will either employ those weapons to launch a terrorist attacks that occurred on Sep- 60 days, submit to the Congress a report on surprise attack against the United States or tember 11, 2001, or harbored such persons or matters relevant to this joint resolution, in- its Armed Forces or provide them to inter- organizations; cluding actions taken pursuant to the exer- national terrorists who would do so, and the Since the President and Congress are de- cise of authority granted in section 4 and the extreme magnitude of harm that would do termined to continue to take all appropriate status of planning for efforts that are ex- so, and the extreme magnitude of harm that actions against international terrorists and pected to be required after such actions are would result to the United States and its terrorist organizations, including those na- completed, including those actions described citizens from such an attack, combine to jus- tions, organizations or persons who planned, in section 7 of Public Law 105–338 (the Iraq tify action by the United States to defend authorized, committed or aided the terrorist Liberation Act of 1998). itself; attacks that occurred on September 11, 2001, (b) To the extent that the submission of Since United Nations Security Council or harbored such persons or organizations; any report described in subsection (a) coin- Resolution 678 authorizes the use of all nec- Since the President has authority under cides with the submission of any other re- essary means to enforce United Nations Se- the Constitution to take action in order to port on matters relevant to this joint resolu- curity Council Resolution 660 and subsequent deter and prevent acts of international ter- tion otherwise required to be submitted to relevant resolutions and to compel Iraq to rorism against the United States, as Con- Congress pursuant to the reporting require- cease certain activities that threaten inter- gress recognized in the joint resolution an ments of Public Law 93–148 (the War Powers national peace and security, including the Authorization for Use of Military Force Resolution), all such reports may be sub- development of weapons of mass destruction (Public Law 107–40); and mitted as a single consolidated report to the and refusal or obstruction of United Nations Since it is in the national security of the Congress. weapons inspections in violation of United United States to restore international peace (c) To the extent that this information re- Nations Security Council Resolution 687, re- and security to the Persian Gulf region. quired by section 3 of Public Law 102–1 is in- pression of its civilian population in viola- SEC. 3. SUPPORT FOR UNITED STATES DIPLO- cluded in the report required by this section, tion of United Nations Security Council Res- MATIC EFFORTS. such report shall be considered as meeting olution 688, and threatening its neighbors or The Congress of the United States supports the requirements of section 3 of Public Law United Nations operations in Iraq in viola- the efforts by the President to— 102–1. tion of United Nations Security Council Res- (1) strictly enforce through the United Na- Mr. LIEBERMAN. I thank the Chair olution 949; tions Security Council all relevant Security and suggest the absence of a quorum. Since Congress in the Authorization of Use Council resolutions applicable to Iraq and The ACTING PRESIDENT pro tem- of Military Force Against Iraq Resolution encourages him in those efforts; and (Public Law 102–1) has authorized the Presi- (2) obtain prompt and decisive action by pore. The clerk will call the roll. dent ‘‘to use United States Armed Forces the Security Council to ensure that Iraq The assistant legislative clerk pro- pursuant to United Nations Security Council abandons its strategy of delay, evasion and ceeded to call the roll. Resolution 678 (1990) in order to achieve im- noncompliance and promptly and strictly Mr. REID. Mr. President, I ask unan- plementation of Security Council Resolu- complies with all relevant Security Council imous consent the order for the tions 660, 661, 662, 664, 665, 666, 667, 669, 670, resolutions. quorum call be rescinded. 674, and 677’’; SEC. 4. AUTHORIZATION FOR USE OF UNITED The ACTING PRESIDENT pro tem- Since in December 1991. Congress expressed STATES ARMED FORCES. pore. Without objection, it is so or- its sense that it ‘‘supports the use of all nec- (a) AUTHORIZATION.—The President is au- dered. essary means to achieve the goals of United thorized to use the Armed Forces of the CLOTURE MOTION Nations Security Council Resolution 687 as United States as he determines to be nec- being consistent with the Authorization of essary and appropriate in order to— Mr. REID. Mr. President, I send a Use of Military Force Against Iraq Resolu- (1) defend the national security of the cloture motion to the desk. tion (Public Law 102–1),’’ that Iraq’s repres- United States against the continuing threat The ACTING PRESIDENT pro tem- sion of its civilian population violates posed by Iraq; and pore. The cloture motion having been United Nations Security Council Resolution (2) enforce all relevant United Nations Se- presented under rule XXII, the Chair 688 and ‘‘constitutes a continuing threat to curity Council Resolutions regarding Iraq. directs the clerk to read the motion. the peace, security, and stability of the Per- (b) PRESIDENTIAL DETERMINATION.—In con- The legislative clerk read as follows: sian Gulf region,’’ and that Congress, ‘‘sup- nection with the exercise of the authority CLOTURE MOTION ports the use of all necessary means to granted in subsection (a) to use force the achieve the goals of United Nations Security President shall, prior to such exercise or as We, the undersigned Senators, in accord- Council Resolution 688’’; soon there after as may be feasible, but not ance with the provisions of rule XXII of the Since the Iraq Liberation Act (Public Law later than 48 hours after exercising such au- Standing Rules of the Senate, hereby move 105–338) expressed the sense of Congress that thority, make available to the Speaker of to bring to a close the debate on the Lieber- it should be the policy of the United States the House of Representatives and the Presi- man-Warner amendment to S.J. Res. 45: to support efforts to remove from power the dent pro tempore of the Senate his deter- Thomas Daschle, Bill Nelson, Joseph Lie- current Iraqi regime and promote the emer- mination that— berman, Evan Bayh, Harry Reid, Pete gence of a democratic government to replace (1) reliance by the United States on further Domenici, Joseph Biden, Patty Mur- that regime; diplomatic or other peaceful means alone ei- ray, Jay Rockefeller, Larry E. Craig, Since on September 12, 2002, President ther (A) will not adequately protect the na- Trent Lott, John Warner, John Bush committed the United States to ‘‘work tional security of the United States against McCain, Jesse Helms, Craig Thomas, with the United Nations Security Council to the continuing threat posed by Iraq or (B) is Don Nickles, Frank H. Murkowski. meet our common challenge’’ posed by Iraq not likely to lead to enforcement of all rel- CLOTURE MOTION and to ‘‘work for the necessary resolutions,’’ evant United Nations Security Council reso- Mr. REID. Mr. President, I send a while also making clear that ‘‘the Security lutions regarding Iraq; and cloture motion to the desk. Council resolutions will be enforced, and the (2) acting pursuant to this resolution is The ACTING PRESIDENT pro tem- just demands of peace and security will be consistent with the United States and other pore. The cloture motion having been met, or action will be unavoidable’’; countries continuing to take the necessary presented under rule XXII, the Chair Since the United States is determined to actions against international terrorists and prosecute the war on terrorism and Iraq’s terrorist organizations, including those na- directs the clerk to read the motion. ongoing support for international terrorist tions, organizations or persons who planned, The legislative clerk read as follows: groups combined with its development of authorized, committed, or aided the terror- CLOTURE MOTION weapons of mass destruction in direct viola- ists attacks that occurred on September 11, We, the undersigned Senators, in accord- tion of its obligations under the 1991 cease- 2001. ance with the provisions of rule XXII of the

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We were to Domenici, Joseph Biden, Patty Mur- about the efforts your office, my office, ray, Jay Rockefeller, Larry E. Craig, arrive with the 82nd in France on D-Day, Trent Lott, John Warner, John Senator ALLEN, and Senator SARBANES, June 6. The primary mission of the 82nd and McCain, Jesse Helms, Craig Thomas, working as a team, in fielding calls. We the 101st Airborne Divisions was to keep Don Nickles, Frank H. Murkowski. urge people to come to us. I also speak enemy reinforcements from the invasion Mr. REID. Mr. President, we have for the Mayor of the District of Colum- beaches. One fifth of the American airborne soldiers were killed or wounded that day, but been able to accomplish a great deal bia. The District of Columbia is grate- ful for the quick response led by our we succeeded in accomplishing our mission. today on this most important resolu- After we crossed the coast line of France tion. I think the debate has been perti- President, led by the Attorney General we were subjected to heavy anti-aircraft fire, nent. I think people have had a chance and others, to this crisis. soon thereafter the tow plane cut us loose. I have been privileged to live in this to express themselves without hin- Well, after that, we lost altitude fast. All I area throughout my entire life. I was drance. We would hope that Senators could see rushing toward us were fields full an assistant U.S. attorney one time. of fences and trees and crooked up gliders. would continue in the same vein. With Never have I seen a crime situation As we came in to land, we hit a tree and tore these two cloture motions that have such as this. It has brought about the off one of our wings. The crash threw us into been filed, we are hopeful and confident unity between the regions to work to another tree, and that clipped off our other that the debate on this will be brought solve this problem. I join with my wing. What was left of us kept going until it to a close on Thursday morning and plowed into a fence. We had crash landed friend and thank her for bringing this that following that we can complete into an apple orchard. matter to the attention of the Senate. work on the resolution. We certainly We had landed within the German lines hope so. f and as soon as we touched the ground we were hit with enemy fire. I headed a recon- In the meantime, we would hope peo- TRIBUTE TO MAJOR GENERAL naissance party with personnel from my ple who have amendments to offer STROM THURMOND glider to locate a command post. I borrowed would do that and, if possible, we Mr. HELMS. Mr. President, through- a jeep from an officer of the 4th Infantry Di- would like to have those amendments out America’s history, our Nation has vision and made a reconnaissance of other resolved prior to Thursday. If not, of been blessed with leaders of rare cour- nearby gliders, trying to assist injured per- course, if some of them are germane, age, character, and conviction. The sonnel in getting to the rendevous. As soon as we had consolidated the group and set up they will be carried over until after our Senate for almost half a century has cloture votes. a temporary camp, we started to dig fox- been fortunate to count among its holes. We were still being shelled, but not as f members an especially remarkable in- heavily, along with [receiving] small arms MORNING BUSINESS dividual, Senator STROM THURMOND. fire. I had busted up my left knee when the Earlier, I joined in paying tribute to glider had landed, so once we had taken care Mr. REID. Mr. President, I ask unan- Senator THURMOND’s unparalleled of more urgent matters, I had the medics imous consent that the Senate now record of public service both to his patch me up. proceed to a period of morning business country and to his beloved citizens of With typical humility, Senator with Senators allowed to speak therein South Carolina. His extraordinary THURMOND failed to note that he was for not to exceed 5 minutes each. record of service spans almost 80 years. awarded a Purple Heart for his injuries The ACTING PRESIDENT pro tem- We should also recall another aspect that day. In addition, he has been the pore. Without objection, it is so or- of service to his country—Senator recipient of numerous other decora- dered. THURMOND’s heroic and selfless record tions for heroism and valor, including 5 f of military service. battle stars and 18 decorations, the Le- His distinguished military career EXTENDING THANKS TO CAPITAL- gion of Merit with Oak Leaf Cluster, spanned more than three decades, com- AREA LAW ENFORCEMENT the Bronze Star Medal with V device, mencing shortly after his 21st birthday the Belgian Order of the Crown, and Ms. MIKULSKI. Mr. President, on be- when he was commissioned a Second the French Croix de Guerre. half of the people of America, I thank Lieutenant in the U.S. Army Reserve. In an effort to honor all soldiers of President Bush and all Federal law en- When he retired in 1965, Senator THUR- the 82nd Airborne and to acknowledge forcement agencies for the help, re- MOND had risen to the rank of Major the spirit and actions of Major General sponse, and support they have given to General, the highest rank then avail- STROM THURMOND during his military those who live in the Capital region as able to a Reserve Officer. career, I wrote to the Secretary of the we face the threat of a predatory serial Inasmuch as he was serving as a Army this past April. My request was killer. The entire Nation knows six South Carolina circuit judge at the that Fort Bragg’s new 82nd Airborne people have died. Some have been shot outset of World War II, Mr. THURMOND Division Strategic Deployment Facil- but are in recovery, like the 13-year-old was exempt from military service. But, ity—a key complex ensuring that Fort boy who was so critically wounded yes- then First Lieutenant THURMOND did Bragg will serve as the Army’s prin- terday. There is a serial killer out not hesitate: he volunteered for duty cipal power projection platform for there. The President yesterday issued a the day the U.S. declared war against years to come—be named in honor of statement extending his sympathies to Germany, receiving a commission in Major General STROM THURMOND. those family members who have lost the Active Army and becoming a mem- Mr. President, I ask unanimous con- loved ones. He also directed law en- ber of the First U.S. Army. sent that the text of my letter of April forcement to be as responsive as pos- While serving in the European the- 19, 2002, and the Department of the sible. ater, STROM served in all battles of the Army’s response of June 4, 2002, be As soon as the first dastardly and First Army, fighting through France, printed in the RECORD at the conclu- despicable deed occurred, Federal law Belgium, Holland, Luxembourg, sion of my remarks. enforcement, in terms of FBI and ATF, Czechoslovakia, and Germany. A lieu- The PRESIDING OFFICER. Without were there offering voluntary and in- tenant colonel at the time of the Nor- objection, it is so ordered. formal assistance. Last night I spoke mandy invasion—known forever as D- (See exhibit 1.) to FBI Director Mueller. Through a re- day—STROM volunteered for temporary Mr. HELMS. Mr. President, needless quest from the Montgomery County po- duty with The All-American Division, to say, I am grateful to have received lice chief, they are formalizing and co- North Carolina’s 82nd Airborne, with the Army’s positive response and in ordinating this effort. So we in Mary- whom he would land on the first day of September a ceremony was held at the land really want to extend our grati- the invasion. green ramp at Pope Air Force Base, ad- tude to the President, to Federal law Senator THURMOND once recounted jacent to Fort Bragg. More than 200 enforcement, and to all of America this experience with the 82nd: gathered to dedicate a premier facility,

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10109 to honor the 82nd Airborne, and to pay us all and I am certain he is both honored has no better option than the 82nd Airborne tribute to Major General THURMOND’s and humbled by the dedication of this facil- Division. For more than the past fifty-years, exemplary contributions as a soldier ity in his name. ‘‘The All American’’ has distinguished itself Pay particular notice that this facility is and a statesman. in military operations around the world. dedicated to Major General Strom Thur- I think one of my proudest distinctions as On that occasion, many fine tributes mond—no Senator Thurmond. This is signifi- a Soldier is my association with the 82nd were spoken. I was particularly moved, cant as it recognizes his military career and Airborne Division. A lot of things have though, by the words of the Under Sec- accomplishments. But let’s also take note of changed over the past 55 years that makes retary of the Army, the Honorable Les the extraordinary list of important positions the Paratrooper an even more efficient Sol- Brownlee. As a result of his distin- Strom Thurmond has held throughout his dier than he was in 1944. Thank goodness you guished service as majority staff direc- life: Superintendent of Education for do not use wooden gliders anymore. I must Edgefield County, South Carolina State Sen- confess that my one day only ride in that tor of the Senate Armed Services Com- ator, Circuit Judge of South Carolina, Gov- mittee, where he served under both particular aircraft is not one of my favorite ernor of South Carolina, Candidate for Presi- memories. We can be proud that today’s Senators THURMOND and WARNER, Sec- dent of the United States, United States Paratrooper is better equipped, better retary Brownlee is well known to many Senator where he served as chairman of the trained, better armed and more lethal than Senators. Armed Services, Veterans Affairs, and Judi- the Airborne Soldiers of any other genera- Mr. President, I ask unanimous con- ciary committees and as President Pro Tem- tion or army. The military power that a sent that Secretary Brownlee’s re- pore, Major General in the Army Reserve, Regiment of 21st Century Paratroopers marks from the September 16 dedica- and the oldest Senator, as well as the longest brings to bear in a fight is nothing short of tion and a copy of a document ‘‘Thur- serving senator. On December 5th this year awe-inspiring to our allies, and nothing less Senator Thurmond will be 100 years old and mond Military Service Record’’ be than terrifying to our enemies. still an active senator. What an impressive In addition to advances in weapons and printed in the RECORD. list—what a marvelous life of public service. tactics, there have been considerable There being no objection, the mate- In 1924 Strom Thurmond was commis- changes in quality of life for our Soldiers. In- rial was ordered to be printed in the sioned as a second lieutenant in the US vesting in the well being of our Soldiers and RECORD, as follows: Army Reserve. During World War II, al- their families is not only a down payment though exempt from military service due to REMARKS BY HON. LES BROWNLEE, UNDER toward readiness, but it is simply the right both his age and position as a judge, he took SECRETARY OF THE ARMY AT DEDICATION thing to do. The Deployment Center being a four-year leave of absence from a Circuit CEREMONY, MG STROM THURMOND STRA- dedicated today will give Paratroopers a Judgeship in South Carolina in order to vol- TEGIC DEPLOYMENT FACILITY, POPE AFB, modern, and well designed, power projection untarily serve his country as a soldier. As a NC, SEPTEMBER 16, 2002 platform. 43 year old lieutenant colonel he served with Congressman Hayes, thank you very much That this facility is being named in my the All Americans—the 82nd Airborne—and honor is a recognition that is truly flat- for your very enthusiastic remarks to our landed in a glider carrying 8 other soldiers soldiers here in the 82nd Airborne Division. tering and meaningful. I am proud of this and a jeep as part of the D–Day invasion in . . . and I am proud of my affiliation with I hope you forgive me if I don’t mention Normandy. His team reinforced parachute everybody’s name again, since they have the 82nd Airborne Division. I am very appre- troops that landed earlier that day and col- ciative of this distinction and I am always been mentioned a number of times already. lectively routed the German forces from the But I did want to recognize the soldiers of proud to do whatever I can to help the fine town of Ste. Mere-Eglise. men and women of our Armed Forces. the 82nd Airborne Division and the airmen of In fact, I remember discussing the glider the 43rd Airlift Wing who are here today and With best wishes and kindest regards, operations with Senator Thurmond. Riding a Sincerely, who I know will enjoy the benefits of this glider into battle is high adventure, and the STROM THURMOND. marvelous facility. usual result was a crash-landing. That’s in I also wanted to recognize that not only fact how Senator Thurmond landed—a ter- In December 1996 Senator Thurmond cele- did Congressman Hayes play a pivotal role in rific crash that wounded him and destroyed brated his 94th birthday with the 82nd Air- this facility but Senator Helms and his staff the jeep the glider was carrying. I asked the borne Division. He served as honorary did as well, and I know that Senator Helms Senator how he got out of the glider and into jumpmaster on a C–141 with the same unit he insisted that this facility be named for his the battle. He explained that the entire side had served with in 1944. Senator Thurmond colleague, Senator Strom Thurmond. of the glider was torn open. ‘‘All you had to said at the time that he wanted to parachute This year we will lose two giants out of the do was to stand up and walk right out the into Normandy in 1944 but was told that he Senate. Senator Thurmond and Senator side!’’ was too old. Then, with his typical style, Helms will complete their tenure in the Sen- Four days after landing in the glider Lieu- Senator Thurmond stated ‘‘Perhaps they will ate this year but they will be sorely missed tenant Colonel Thurmond, armed with only a finally let me jump and I’ll get a pair of Air- by the Nation. pistol, captured a German motorcycle and borne wings in celebration of my 94th birth- I want to recognize also the great work commandeered it for his section’s use. day!’’ that was done by everyone concerned in Subsequently, Lieutenant Colonel Thur- Almost five years ago I was honored to at- achieving this marvelous facility. It is truly mond participated in the liberation of Paris, tend Senator Thurmond’s 95th birthday a wonderful example of the jointness and co- the Rhine Campaign, and was among the party. Throughout the party many friends operation that exists between the Army and first Americans to liberate the Buchenwald and well-wishers all remarked to the Senator the Air Force, and I want to recognize and concentration camp. As a result of his ac- that they hoped that they could attend his express our appreciation to our Air Force tions, Strom Thurmond was awarded the Le- 100th birthday party. The Senator looked at comrades in arms. gion of Merit—the Bronze Star for Valor, the each of them and said, ‘‘well, if you eat I’m going also to pay a special tribute here Purple Heart, and 5 Battle Stars. Although right, exercise, and take care of yourself to Mr. Duke Short, Chief of Staff at the cur- the war ended in Europe, General Thurmond there’s no reason why you can’t be there.’’ rent time to Senator Thurmond for almost didn’t return straight home. He volunteered This Strategic Deployment Facility is a thirty years. But more importantly, as a for and was transferred to the Pacific The- tremendous testament to the spirit and te- lieutenant he was assigned to the 82nd Air- ater at the conclusion of combat in Europe nacity of General and Senator Thurmond. borne Division and served here at Fort and was preparing for the final assault on Strom Thurmond admires courage, tough- Bragg. Duke, please stand. Please join me in the Japanese island of Okinawa when the ness, and perseverance—traits he believes, giving Duke a big round of applause for his war ended. and I certainly agree with him, are found in many years of outstanding service to the Na- In 1959 Senator Thurmond was promoted to every soldier. The soldiers who pass through tion and to Senator Thurmond. the rank of Major General, and retired from this facility will be the standard-bearers of I spent some time last week with Senator the Army Reserve in 1964 after 40 years of ac- our great Nation, and will undoubtedly live Thurmond and remarked that I was planning tive and reserve duty. Senator Thurmond ob- up to the ideals of Strom Thurmond. The sol- to borrow Duke Short from him for a few viously knows the military, is a stalwart diers who train here, the soldiers who will hours so that he could participate in this supporter of the Army, and holds dear to his deploy from here, the soldiers who we send in dedication ceremony. In typical Strom Thur- heart the soldiers, particularly the para- harm’s way, will be better prepared to meet mond fashion he didn’t blink an eye as he troopers, of our Army. the challenges of today’s environment be- deadpanned ‘‘that’s fine . . . just bring him At this time I have a letter from Senator cause of both this facility and the lifelong back.’’ Thurmond which he asked that I read to you dedication to the Nation rendered by Sen- As many of you know, I have had the dis- this morning: ator Strom Thurmond—a man committed to tinct honor and privilege of working directly DEAR FRIENDS: I am sorry that I am unable our nation’s security. for Senator Thurmond for many years on the to join you today as you dedicate the Major We have learned all too well the uncer- Senate Armed Services Committee, so I feel General Strom Thurmond Strategic Deploy- tainty of our world. The threats to our Na- especially grateful for the opportunity to say ment Center. tion’s interests are more complex and di- a few words today. Senator Thurmond has When the Commander-in-Chief needs to verse than at any time in our history. The been, and continues to be, an inspiration for project American military might quickly, he stakes are high. The United States must

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10110 CONGRESSIONAL RECORD — SENATE October 8, 2002 safeguard our national interests and fulfill Strom Thurmond served with the Civil Af- in the USAR, and Congressman LeRoy H. our world leadership responsibilities as well. fairs Division (Section G–5) of the First Anderson (D–MT), as Major General in the Today, the U.S. military is protecting our Army Headquarters during World War II. USAR, during their active tours of duty, vis- Nation’s interests both on the war front and The division’s mission was to occupy, gov- ited Air Force and Army personnel at bases on the home front, and the call may come at ern, and help restore devastated, war-torn in France, Germany, and Italy. Again, Sen- any time, day or night, for our valiant troop- countries and their economies, and usually ator Thurmond made an effort to visit with ers to pass through these portals and answer arrived during large-scale combat oper- servicemen & women from South Carolina. the call to battle. ations. Thurmond studied and used various From October 25 to November 7, 1959, Sen- As our military forces use this MG Strom military school instruction material, i.e., ator Strom Thurmond, as Brigadier General Thurmond Strategic Deployment Facility to military police, legal, G–5, European geog- in the USAR, attended a two-week senior of- protect and defend this great Nation, I am raphy and history, etc. in connection with ficer’s course at the US Army Command & confident that all of us, military and civil- his civil affairs/military government train- General Staff College in Fort Leavenworth, ian, soldier and family member, will always ing and responsibilities. This material cov- Kansas. remember and live up to the words of our ered numerous directives and rules dealing In November 1962, Senator Thurmond, as a President, George W. Bush, on 14 September with civilians, displaced persons, welfare, fi- Major General in the USAR, toured US, Ger- last year when he stated: ‘‘America is a na- nance, background in formation on Germany man and Pakistani bases in Germany and tion full of good fortune, with so much to be and France, etc. Of interest, and further Pakistan with other member of the Congres- grateful for. But we are not spared from suf- study, is a report discussing the activities of sional Command & Operations Group con- fering. In every generation, the world has the First Army Civil Affairs Division during sisting of member of Congress and their con- produced enemies of human freedom. They the D-Day Invasion titled, Civil Affairs: Sol- gressional aids. Senator Ralph W. Yar- have attacked America, because we are free- diers Become Governors, by Harry L. Coles borough (D–TX), a Colonel in the USAR, was dom’s home and defender. And the commit- and Albert K. Weinberg and was published by a member of the group as was Captain Harry ment of our fathers is now the calling of our the Office of the Chief of Military History, S. Dent, Senator Thurmond’s Administrative time.’’ Department of the Army, Washington, DC: Assistant. A week later President Bush declared: ‘‘We GPO, 1964 (SuDoc number D114.7:C49). In January 1964, Senator Thurmond, as a will rally the world to this cause by our ef- From 1946 to 1959 Thurmond used the civil Major General in the USAR, was one of the forts, by our courage. We will not tire, we affairs/military government training mate- 84 students enrolled in the Special Warfare will not falter, and we will not fail.’’ rial and manuals he collected, along with School’s Senior Officers Counterinsurgency The paratroopers who pass through this fa- prior experience and knowledge, as he taught & Special Warfare Orientation Course at cility will never fail us. They will continue basic and advanced officer courses to officers Fort Bragg, North Carolina where he viewed to live to the high standards of courage, of the 352nd and 360th Military Government various demonstrations and presentations valor, and selfless service demonstrated by Area Headquarters Units. including scuba diving. Senator Thurmond. I know that our soldiers From 1948 to 1958 Thurmond was involved And in November 1964, prior to his retire- of today and the future will draw strength, with the Reserve Officers Association and ment from the military, Major General resolve, and inspiration from this facility the Military Government Association in Thurmond, again with members of the USAR and its namesake, and will continue to pro- leadership capacities. In particular, Thur- Congressional Command & Operations tect the security of this great nation. mond served as President of the South Caro- Group, consisting of members of congress God bless each and every one of you and lina Department of the Reserve Officers As- and their congressional aids, visited ele- God Bless America! sociation and as the organization’s National ments of the Southern European Task Force President and Vice-President, and as the Na- in Italy. The purpose of the visit was to be- THURMOND MILITARY SERVICE RECORD— tional President of the Military Government come familiar with the organization and JANUARY 9, 1924–NOVEMBER 22, 1964 Association, mentioned above. mission of the bi-national command. During On January 15, 1948, at Fort Jackson, the latter part of his trip with the active Strom Thurmond began his military career South Carolina, Lieutenant Colonel Strom when he was a Reserve Officers Training duty group Major General Thurmond also Thurmond was promoted to the rank of Colo- toured Wheelus Field in Libya. Corps cadet at Clemson Agricultural College nel in the United States Army Reserves from 1919–1923. He was appointed an officer in (USAR). On February 20, 1955, at Third Army EXHIBIT 1 the United States Army Reserve, at the rank Headquarters, Fort McPherson, Georgia, of 2nd Lieutenant, on January 9, 1924, and re- Colonel Thurmond was promoted to the rank U.S. SENATE, ceived the rank advancement to 1st Lieuten- of Brigadier General in the USAR by General Washington, DC, April 19, 2002. ant on August 9, 1927. He enlisted in the A.R. Bolling. And on April 25, 1960, at the Hon. THOMAS E. WHITE, army, shortly after the Japanese attack on Pentagon in Washington, DC, Brigadier Gen- Secretary of the Army, 101 Army Pentagon, Pearl Harbor, on December 11, 1941. However, eral Thurmond was promoted to the rank of Room 3E700, Washington, DC. he did not actually enter the service until Major General in the USAR by General R.V. DEAR MR. SECRETARY: The Honorable April 17, 1942. He performed various military Lee, United States Army Adjutant General, Strom Thurmond has established an unparal- duties with the Military Police, as Captain, witnessed by Secretary of the Army Wilber leled record of public service during his al- in the United States until October 26, 1943, M. Brucker. most 48 years in the United States Senate. when he was assigned to the Civil Affairs Di- Senator Strom Thurmond (D–SC), as Colo- For the past 29 years, it has been my privi- vision (Section G–5) of the headquarters, nel in the USAR, organized the 360th Mili- lege to serve as a colleague of Senator Thur- First Army, as Major and Lt. Colonel, which tary Government Area Headquarters mond’s. During that time, his leadership, was formed on October 23, 1943. He worked in (MGAH) Unit on October 1, 1950, and com- dedication, and integrity have served as a the European (England, France, Belgium, manded it from that date until January 3, source of personal inspiration. and Germany) and Pacific (Philippines and 1954. During the four years Colonel Thur- As Strom will soon be retiring from the Japan) theaters, and participated in the Nor- mond commanded the 360th MGAH he re- Senate, I expect there to be a number of trib- mandy Invasion with the Eighty-second Air- ceived various commendations including a utes and dedications honoring various as- borne Division. Thurmond was awarded five superior rating by the South Carolina Mili- pects of his unprecedented service to our battles stars, eighteen decorations, medals tary District Headquarters, 3rd Army Head- country. I would like to ensure that his 36 and awards, including the Legion of Merit quarters, and Army Inspectors from Wash- years of dedicated service to the United with Oak Leaf Cluster, the Bronze Star with ington, DC, rated his the top reserve unit in States Army are also recognized in an appro- ‘‘V’’ device, the Purple Heart, and the 3rd Army area. priate manner. French Croix de Guerre. He took official During the last two weeks of October 1956, As you are probably aware, Strom’s re- leave on October 19, 1945 to return to the Senator Thurmond, as Brigadier General in markable record of service to the Army South Carolina Circuit Court and was offi- the USAR, accompanied the Assistant Sec- began in 1924 when he was commissioned a cially discharged on January 20, 1946, with retary of Defense, Carter L. Burgess, on an Second Lieutenant in the Infantry. An Army the rank of Lieutenant Colonel. He then inspection tour of the Far East. Secretary Reserve First Lieutenant on the eve of World joined the U.S. Army Reserve Corps and also Burgess, was traveling in dual capacity as War II, Strom volunteered for an active became involved with the Reserve Officers Assistant Secretary of Defense and Vice- Army commission on the day the United Association and the Military Government Chairman of the Defense Advisory Com- States entered the war against Germany (in Association. Thurmond served as the Na- mittee on Professional and Technical Com- spite of the fact that his duties as a South tional Vice-President (July, 1953–June, 1954) pensation, as a part of the Gordiner Com- Carolina Circuit Judge exempted him from and President (June, 1954–July, 1955) of the mittee. They visited Air Force and Army deployment). After receiving his commis- Reserve Officers Association and the Presi- personnel on bases in Alaska, Japan, Oki- sion, Lt. Thurmond became a member of the dent (December, 1957—c. December, 1958) of nawa, and Korea. Senator Thurmond made a First U.S. Army where he would subse- the Military Government Association. Thur- special point of greeting all servicemen & quently be attached to Fort Bragg’s own mond retired at the rank of Major General of women from South Carolina during his visits 82nd Airborne Division for the Invasion of the Army Reserves on November 22, 1964, to each base. Normandy. It was during that operation that after forty years of service in the armed The last two weeks of September 1957, Sen- he sustained an injury that led to the even- forces. ator Strom Thurmond, as Brigadier General tual award of a Purple Heart.

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10111 As a gesture of our country’s gratitude for United States. I ask my colleagues to ADDITIONAL STATEMENTS his remarkable military and public careers join with me in urging President Bush and as an inspiration to the soldiers who will not to enter into any agreement which pass through it in defense of our nation, I re- CONGRATULATIONS TO KATHLEEN quest that the Army dedicate the soon to be would restrict Taiwan or compromise completed 82nd Airborne Division Deploy- its growing democracy. Better rela- LEMMONS ment Staging Complex adjacent to Pope Air tions with the PRC must not come at ∑ Mr. BUNNING. Mr. President, I rise Force Base’s Green Ramp as the ‘‘Major Gen- the expense of the 23 million people on today to congratulate Kathleen eral Strom Thurmond Airborne Operations Taiwan, who must depend on America Lemmons of Fort Thomas, KY, on Center.’’ to defend their interests. being recognized as one of the Nation’s So dedicating this premier facility, de- top educators in 2002 Education’s Un- I am, however, pleased to see that on signed by the Army and the Air Force to en- sung Heroes Awards Programs. sure that Fort Bragg and Pope AFB will September 26 Congress passed the For- This awards program, sponsored by function as the Army’s leading Power Pro- eign Relations Authorization Act jection Platform for many years to come, ING-Northern Life Insurance Co., rec- which contains a few Taiwan-friendly ognizes kindergarten through 12th will serve as both an appropriate tribute to clauses. While the act is not legally Strom Thurmond’s immeasurable contribu- grade educators nationwide for their tions in service to our country and as an in- binding, this is a goodwill gesture to- innovative teaching techniques and spiration to the courageous young men and wards Taiwan by the United States. It creative learning projects. women who have committed their lives to is apparent that Congress has reached Ms. Lemmons, a teacher in the gifted the security of our nation. a consensus that ‘‘the Taiwan Strait program with Fort Thomas Inde- Mr. Secretary, I will appreciate your expe- issue must be peaceful and must in- pendent Schools, has been specifically ditious consideration of my proposal as I am clude the assent of the people of Tai- recognized for her project in which stu- told that the facility is expected to open in wan.’’ I totally agree with many of my dents constructed robots to carry out July. If you have any questions, please do not hesitate to call me or David Whitney of colleagues that as long as the PRC has certain tasks. This learning adventure my staff at 202–224–6342. not renounced the use of force against combined the principles of math, Many thanks. Taiwan, we must continue to help Tai- science and teamwork in an effort to Sincerely, wan defend itself by selling sub- demonstrate how innovative thinking JESSE. marines, patrol aircraft, and advanced and teamwork can be combined to pro- destroyers to Taiwan. In addition, the pel the imagination further than any DEPARTMENT OF THE ARMY, OFFICE PRC must be left with no doubt that one individual ever thought possible. OF THE ASSISTANT SECRETARY OF we will provide military support to I ask that my fellow colleagues join THE ARMY, Taiwan if it is attacked. In fact, the me in thanking Kathleen Lemmons for Washington, DC, June 4, 2002. PRC’s military buildup in recent years her dedication and commitment to the Hon. JESSE HELMS, education of America’s future. In order Senate, Washington, DC. has made it not only a threat to Tai- wan but to other neighboring Asian for our society to continue to advance DEAR SENATOR HELMS: Thank you for your in the right direction, we must have recent letter to the Secretary of the Army, countries as well. proposing the soon to be completed 82d Air- teachers willing to challenge their stu- borne Division Deployment Staging Complex Mr. President, the October 10 celebra- dents and teach them the importance at Fort Bragg, North Carolina, be named in tion should mark the continuance of of being educated.∑ the close cooperation in all areas be- honor of Senator Strom Thurmond. f Senator Thurmond’s distinguished record tween our two countries, as well as the of almost 48 years in the Senate, coupled founding of a nation. Again, I con- COLONEL PATRICIA E. BOYLE with his military service and heroic actions gratulate Taiwan on the occasion of its ∑ Mr. INOUYE. Mr. President, I rise in the line of duty during World War II, National Day. merit recognition. The package recom- today to recognize a great American mending that the Secretary of the Army and a true military heroine who has grant an exception to policy permitting the f honorably served our country for 25 requested naming has been prepared and is years in the Air Force Nurse Corps: being expeditiously processed. Col. Patricia E. Boyle. Colonel Boyle LOCAL LAW ENFORCEMENT ACT Thank you for your efforts to gain recogni- began her career as an intern and then OF 2001 tion for Senator Thurmond for his long and staff nurse at Wilford Hall Medical distinguished service to our Nation. Center in San Antonio, TX. She quick- Sincerely, Mr. SMITH of Oregon. Mr. President, I rise today to speak about hate crimes ly rose through the ranks and served at JOSEPH W. WHITAKER, Air Force bases throughout the coun- Deputy Assistant Sec- legislation I introduced with Senator try, including Peterson Air Force Base, retary of the Army KENNEDY in March of last year. The AFB CO, Vandenburg AFB, CA, Wright- (Installations and Local Law Enforcement Act of 2001 Patterson AFB, OH, and Robins AFB, Housing), OASA would add new categories to current GA. In each assignment, she excelled (I&E). hate crimes legislation sending a sig- and overcame every challenge, and was f nal that violence of any kind is unac- rewarded with greater responsibilities ceptable in our society. CONGRATULATIONS TO THE and opportunities. Colonel Boyle has REPUBLIC OF CHINA I would like to describe a terrible been recognized throughout her career crime that occurred on October 20, 1999 as a leader who could motivate others Mr. SMITH of New Hampshire. Mr. in Barron, WI. A 22-year-old man was to give the best they had to offer. Her President, I rise to congratulate the beaten to death with a tire iron be- talent for teaching and mentoring per- Taiwanese people in celebrating the cause his assailants thought he was sonnel, as well as her creativity and 91st National Day of the Republic of gay. The attacker, Raymond C. Welton, skill in management were instru- China on October 10, 2002. 33, lured the victim from a bar, then mental in many of the successes the Taiwan is, and has been, a loyal ally beat him while shouting anti-gay epi- Air Force Medical Service enjoys and trading partner in Asia. Its people thets, according to witnesses. today. Above all, she is a compas- participate and fully subscribe to the sionate nurse who always put the wel- principles of freedom and democracy. I believe that Government’s first fare of her patients first. The Taiwanese people have worked duty is to defend its citizens, to defend Colonel Boyle served with distinction with the United States on issues rang- them against the harms that come out as a fellow on my staff from 1999 to ing from endangered species, trade- of hate. The Local Law Enforcement 2000, and in this capacity greatly mark infringements to global ter- Enhancement Act of 2001 is now a sym- strengthened the acclaimed Depart- rorism. They look to us for coopera- bol that can become substance. I be- ment of Defense Tri-Service Nursing tion, guidance and protection. lieve that by passing this legislation Research Program, among other highly President Bush will soon be meeting and changing current law, we can valuable efforts. In her follow-on as- with PRC President Jiang Zemin in the change hearts and minds as well. signment as director of Congressional

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10112 CONGRESSIONAL RECORD — SENATE October 8, 2002 and Public Affairs in the Office of the friend. She believed that we could all forcement community, the criminal Air Force Surgeon General, she worked do a bit better, and inspired us to do justice system, the religious commu- tirelessly behind the scenes in the de- just that. nity, and those in the social services, is partment of Defense to make TRICARE So I rise today to commemorate charged with helping all victims of do- for Life a reality for senior military re- Helen, to celebrate her life, and to offer mestic violence and sexual violence. tirees. The Surgeon General and his her family our support. Helen truly In Santa Fe, NM, the Rape Crisis staff depended daily on her astute judg- embodied the best of Delaware. She Center will break ground later this ment and seasoned advice to meet the will be sorely missed by all Dela- month on a new facility. While I am increasingly difficult challenges faced wareans who cherish honesty and in- saddened that we have such a need for by our military departments today as tegrity and who are committed to play- this facility, I am pleased to have had they provide exemplary health care ing by the rules.∑ a part in making the center a reality around the world in the 21st century. f by securing $1 million in the fiscal year Colonel Boyle has made a substantial 2002 VA–HUD appropriations bill. I be- DOMESTIC VIOLENCE AWARENESS difference in the lives of our young lieve that it will provide a safe haven MONTH troops and their families everywhere, for those who have no other way to es- and has improved the lot of our retired ∑ Mr. DOMENICI. Mr. President, I rise cape the abuse they are living with. military patriots who have sacrificed today to speak in recognition of Octo- While these are all important compo- so much. She always went the extra ber as Domestic Violence Awareness nents in the fight against domestic mile to serve her country and her fel- Month. abuse, there is much that still has to low man. Her performance reflects Domestic violence continues to be be done. We have an obligation to shine a greatly on herself, the U.S. Air Force, one of the silent tragedies in our soci- spotlight on this dark secret. Taking the Department of Defense, and the ety. Because this topic can be uncom- this month to focus on this issue rep- United States of America. I extend my fortable to talk about, many people resents an important step in the fight deepest appreciation on behalf of a choose to ignore it hoping that it will against those who would terrorize their grateful Nation for her dedicated serv- just go away. This is an unfortunate and, ultimately, harmful response. families. ice. Congratulations, Col. Patricia It is my fervent hope that this step Boyle. I wish you Godspeed.∑ Uncomfortable as it may be, we have to recognize that domestic violence oc- leads us to the day when no woman or f curs far too often and it will continue child has to live in fear in their own HELEN VINCENT to occur if we, as a society, fail to take home. I remain committed to doing all I can to seeing that hope become re- ∑ Mr. CARPER. Mr. President, I would appropriate measures to stop it. We ality.∑ like to set aside a few moments today can’t know how many occurrences of to reflect on the life of a remarkable domestic abuse take place every year f Delawarean, Helen Vincent, upon her because so many of them go unre- TRIBUTE TO THOMAS SEAY passing at the age of 82. Helen was a ported. However, estimates range from LAWSON good friend and a woman who dem- just under a million to as many as 3 ∑ Mr. SHELBY. Mr. President, I rise onstrated tremendous courage and in- million cases each year. today to pay tribute to a dear friend tegrity. She was a woman with a kind While this is a staggeringly high and mentor, Judge Thomas Seay heart, diverse interests, great abilities, number, it represents only one stage in Lawson of Montgomery, AL. Judge and boundless energy. In the way she the cycle of abuse that will not end on Lawson died on Monday, September 2, lived her own life, Helen reminded each its own. You see, the women who are at the age of 96. of us how good we can be. abused in these relationships are not Judge Lawson was a native of In her 30 years in Newark, DE, Helen the only victims, in the vast majority Greensboro, AL, and was only 32 when became a well- known political and of these cases, the woman is not the he was elected attorney general of the civic activist who championed ethics only one who is affected; the children State of Alabama in 1938 after serving and justice. She believed in the demo- in these families are also victimized. for 7 years as an assistant attorney cratic process and the value of honesty A man who physically abuses his general. He was elected to the first of and integrity. A staunch ally, she was partner is likely to physically abuse five consecutive terms to the Alabama a major figure in our successful efforts his children as well. But the abuse Supreme Court in 1942. to clean up New Castle County politics. doesn’t have to be physical for it to Judge Lawson took a leave of ab- We are a better State and a stronger have a devastating and far-reaching sence from the Supreme Court to vol- Democratic Party because of her tire- impact. Simply witnessing this kind of unteer for military service during less efforts to infuse ethics into poli- abuse begins a cycle of violence that is World War II and served as a U.S. Navy tics and her refusal to be deterred. often passed on from one generation to officer aboard the U.S.S. Massachu- Helen taught us all how to act re- the next. setts, which was involved in major bat- sponsibly, with vision and determina- We, as a society, have to do better to tles in the Pacific theater including tion. She understood the inherent dan- create an atmosphere in which abused Okinawa and Iwo Jima. ger that comes from the silence of good women and children can escape from He also served for 38 years as a mem- people. With her courage, she made it the abusive relationship. While we have ber of the University of Alabama board just a bit easier for the rest of us to not yet succeeded in addressing this of trustees and was president pro tem stand up and make our voices heard. scourge on our society, we have taken of the board for 10 years. He was a Like Helen, Lou Gehrig’s disease some important steps. member of the Alabama Academy of works across boundaries, without re- Passage of the Violence Against Honor. He was the grandson of Thomas gard to racial, ethnic or economic bar- Women Act in 1994 was an important Seay, who served as Governor of Ala- riers. But while the disease seeks to step that has done much to address the bama from 1886 to 1890. weaken the body, it proved only to bol- problem. A number of other laws at Judge Lawson earned his bachelor’s ster Helen’s spirit and resolve. In life, both the Federal and State levels to degree from Davidson College and was and in facing death, Helen Vincent ex- prevent domestic abuse and punish a graduate of the University of Ala- emplified grace and grit. those who abuse their domestic part- bama Law School. The university con- In the face of adversity, Helen ners have been enacted over the years. ferred upon him a Doctor of Humane seemed to always prevail. Even now, as There are steps being taken to com- Letters degree and Davidson College we reflect on her life, she seems some- bat domestic violence all over the awarded him its Alumni Citation for how to have triumphed again. country at the local levels as well. In Accomplishments in the Field of Law. Helen’s legacy will live on in the my own State of New Mexico, the Dona He was a member of the Alabama lives of those she helped to shape, in Ana County Domestic Violence and Academy of Honor, Omicron Delta the halls of the institutions she served, Sexual Assault Task Force has re- Kappa, Sigma Alpha Epsilon, Phi Delta and in the hearts of those of us who cently reconvened. This group, made Phi, and a honorary member of Omi- were lucky enough to call her their up representatives from the law en- cron Kappa Upsilon. He also served as a

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10113 commissioner of the National Commis- Jaynie Rogers attends an MBA pro- H.R. 4561. An act to amend title 5, United sion of Digestive Diseases of the Na- gram at Harvard. Their daughter Kate States Code, to require that agencies, in pro- tional Institute of Health. He was the is a graduate of both Vanderbilt and mulgating rules, take into consideration the first president of the Alabama Law Cambridge Universities, and is about to impact of such rules on the privacy of indi- viduals, and for other purposes. School Foundation. join an investment management firm H.R. 4685. An act to amend title 31, United Judge Lawson is survived by his wife in Los Angeles. Their son Pettus IV at- States Code, to expand the types of Federal Kathleen, his son Thomas Seay tends Princeton University. agencies that are required to prepare audited Lawson, Jr., his daughter Jule, and Pettus Randall was a good friend, a financial statements. many grandchildren and great-grand- patriarch of the Tuscaloosa commu- H.R. 5083. An act to designate the United children. nity, and a much-beloved family man. States courthouse at South Federal Place in Judge Lawson was a good friend, a He will be greatly missed by many.∑ Santa Fe, New Mexico, as the ‘‘Santiago E. Compos United States Courthouse’’. patriarch of his community, a great f H.R. 5169. An act to amend the Federal leader of the State of Alabama, and a MESSAGES FROM THE PRESIDENT Water Pollution Control Act to enhance the much-beloved family man. He will be security of wastewater treatment works. greatly missed by many.∑ Messages from the President of the H.R. 5331. An act to amend the General Education Provisions Act to clarify the defi- f United States were communicated to the Senate by Mr. Williams, one of his nition of a student regarding family edu- TRIBUTE TO PETTUS RANDALL secretaries. cational and privacy rights. ∑ H.R. 5335. An act to designate the Federal Mr. SHELBY. Mr. President, I rise f building and United States courthouse lo- today to pay tribute to a dear friend, EXECUTIVE MESSAGES REFERRED cated at 200 West 2nd Street in Dayton, Ohio, H. Pettus Randall III, of Tuscaloosa, as the ‘‘Tony Hall Federal Building and AL. Pettus Randall died on Saturday, As in executive session the PRE- United States Courthouse’’. September 7, at the age of 57. SIDING OFFICER laid before the Sen- H.R. 5340. An act to designate the facility Pettus was a native of Tuscaloosa, ate messages from the President of the of the United States Postal Service located AL and attended the University of Ala- United States submitting sundry nomi- at 5805 White Oak Avenue in Encino, Cali- bama where he received bachelor’s de- nations which were referred to the ap- fornia, as the ‘‘Francis Doyle ‘Chick’ Hearn propriate committees. Post Office’’. grees in English and history. He at- H.R. 5385. An act to amend the Harmonized tended New York University’s Grad- (The nominations received today are Tariff Schedule of the United States to mod- uate School of Business and completed printed at the end of the Senate pro- ify temporarily certain rates of duty, to his law degree at the University of Ala- ceedings.) make other technical amendments to the bama in 1971. f trade laws, and for other purposes. H.R. 5427. An act to designate the Federal Following the death of his father, MESSAGE FROM THE HOUSE Henry Pettus Randall Jr., in 1976, building located at Fifth and Richardson Avenues in Roswell, New Mexico, as the ‘‘Joe Pettus took over the publishing com- At 11:17 a.m., a message from the House of Representatives, delivered by Skeen Federal Building’’. pany that his father had started in H.R. 5469. An act to amend title 17, United 1934. Pettus grew Randall Publishing Mr. Hays, one of its reading clerks, an- States Code, with respect to the statutory li- Company from a $1 million a year com- nounced that the House has passed the cense for webcasting, and for other purposes. pany into the $70 million a year nation- following bills and joint resolution, in H.R. 5507. An act to amend the Truth in wide operation it is today. Randall which it requests the concurrence of Lending Act to adjust the exempt trans- the Senate: actions amount for inflation. Publishing Company employs more H.R. 5531. An act to facilitate famine relief H.R. 163. An act to amend the Fair Debt than 600 workers in 20 States and is one efforts and a comprehensive solution to the Collection Practices Act to exempt mortgage of the largest publishers in construc- war in Sudan. servicers from certain requirements of the tion and trucking. It is among the 20 H.J. Res. 6. A joint resolution recognizing Act with respect to federally related mort- Commodore John Barry as the first flag offi- largest privately held U.S. publishing gage loans secured by a first lien, and for cer of the United States Navy. companies and was rated the sixth- other purposes. fastest-growing publishing companies H.R. 2578. An act to redesignate the facil- The message also announced that the in the United States. ity of the United States Postal Service lo- House has agreed to the following con- Under Pettus’ management, Randall cated at 8200 South Vermont Avenue in Los current resolutions, in which it re- Publishing Company employees were Angeles, California, as the ‘‘Augustus F. quests the concurrence of the Senate: among the first in the Nation to have Hawkins Post Office Building’’. H. Con. Res. 116. Concurrent resolution rec- H.R. 2672. An act to designate the United ommending the integration of Lithuania, 401(k) benefits and, as Randall Pub- States courthouse to be constructed at 8th lishing Company grew, the growth of Latvia, and Estonia into the North Atlantic Avenue and Mill Street in Eugene, Oregon, Treaty Organization (NATO). equity was shared with each employee. as the ‘‘Wayne Lyman Morse United States H. Con. Res. 409. Concurrent resolution In the summer of 2000, I had the Courthouse’’. supporting the goals and ideals of National honor of introducing then-Governor H.R. 3100. An act to amend the Internal Community Role Models Week, and for other George W. Bush to Pettus at an event Revenue Code of 1986 to allow for the expan- purposes. at Randall Publishing Company. sion of areas designated as renewal commu- H. Con. Res. 411. Concurrent resolution rec- Pettus served as president of the nities based on 2000 census data. ognizing the exploits of the officers and crew H.R. 3340. An act to amend title 5, United of the S.S. Henry Bacon, a United States West Alabama Chamber of Commerce States Code, to allow certain catch-up con- and the Greater Tuscaloosa Kiwanis Liberty ship that was sunk on February 23, tributions to the Thrift Savings Plan to be 1945. Club. He chaired State campaigns for made by participants age 50 or over; to reau- H. Con. Res. 465. Concurrent resolution rec- the Cancer Society and Christ Epis- thorize the Merit Systems Protection Board ognizing, applauding, and supporting the ef- copal Church in Tuscaloosa. He worked and the Office of Special Counsel; and for forts of the Army Aviation Heritage Founda- with United Way, Tuscaloosa Boys and other purposes. tion, a nonprofit organization incorporated Girls Clubs, March of Dimes and the H.R. 3731. An act to amend title 38, United in the State of Georgia, to utilize veteran Tuscaloosa Association of Retarded States Code, to increase amounts available aviators of the Armed Forces and former to State approving agencies to ascertain the Army Aviation aircraft to inspire Americans Citizens. qualifications of educational institutions for Pettus and his wife, Catherine were and to ensure that our Nation’s military leg- furnishing courses of education to veterans acy and heritage of service are never forgot- recognized this year by the Alexis de and eligible persons under the Montgomery ten. Tocqueville Society for their contribu- GI Bill and under other programs of edu- H. Con. Res. 503. Concurrent resolution di- tions to the quality of life in west Ala- cation administered by the Department of recting the Clerk of the House of Representa- bama. In May, he received the west Veterans Affairs, and for other purposes. tives to correct the enrollment of the bill Alabama Chamber’s lifetime achieve- H.R. 4005. An act to provide for a circu- H.R. 2215. ment award and was named Tuscaloosa lating quarter dollar coin program to com- The message further announced that memorate the District of Columbia, the County’s citizen of the year. Commonwealth of Puerto Rico, Guam, Amer- the House agrees to the amendments of Pettus also found time to raise a ican Samoa, the United States Virgin Is- the Senate to the bill (H.R. 2121) to family. He and Catherine raised three lands, and the Commonwealth of the North- make available funds under the For- exceptional children. Their daughter ern Mariana Islands, and for other purposes. eign Assistance Act of 1961 to expand

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10114 CONGRESSIONAL RECORD — SENATE October 8, 2002 democracy, good governance, and anti- S. 2897: A bill to assist in the conservation H.R. 3909: A bill to designate certain Fed- corruption programs in the Russian of marine turtles and the nesting habitats of eral lands in the State of Utah as the Gunn Federation in order to promote and marine turtles in foreign countries. (Rept. McKay Nature Preserve, and for other pur- No. 107–303). poses. strengthen democratic government and By Mr. JEFFORDS, from the Committee H.R. 3928: A bill to assist in the preserva- civil society in that country and to on Environment and Public Works, with tion of archaeological, paleontological, zoo- support independent media. amendments: logical, geological, and botanical artifacts The message further announced that H.R. 3908: A bill to reauthorize the North through construction of a new facility for the House agrees to the amendments of American Wetlands Conservation Act, and the University of Utah Museum of Natural the Senate to the bill (H.R. 4085) to for other purposes. (Rept. No. 107–304). History, Salt Lake City, Utah. amend title 38, United States Code, to By Mr. JEFFORDS, from the Committee H.R. 3954: A bill to designate certain water- on Environment and Public Works, with an ways in the Caribbean National Forest in the provide a cost-of-living increase in the amendment: Commonwealth of Puerto Rico as compo- rates compensation for veterans with H.R. 4807: To authorize the Secretary of nents of the National Wild and Scenic Rivers service-connected disability and de- the Interior to acquire the property in Cecil System, and for other purposes. pendency and indemnity compensation County, Maryland, known as Garrett Island By Mr. BIDEN, from the Committee on for surviving spouses of such veterans for inclusion in the Blackwater National Foreign Relations, with an amendment in and their survivors, and for other pur- Wildlife Refuge. (Rept. No. 107–305). the nature of a substitute: poses. By Mr. KERRY, from the Committee on H.R. 4073: A bill to amend the Microenter- Small Business and Entrepreneurship, with prise for Self-Reliance Act of 2000 and the f amendments: Foreign Assistance Act of 1961 to increase as- S. 2466: A bill to modify the contract con- sistance for the poorest people in developing ENROLLED BILLS SIGNED solidation requirements in the Small Busi- countries under microenterprise assistance The following bills, previously signed ness Act, and for other purposes. (Rept. No. programs under those Acts, and for other by the Speaker of the House, were 107–306). purposes. signed by the President pro tempore By Mr. BINGAMAN, from the Committee By Mr. BINGAMAN, from the Committee on Energy and Natural Resources, without on Energy and Natural Resources, without (Mr. BYRD) on October 7, 2002: amendment: amendment: H.R. 3214. An act to amend the charter of H.R. 451: A bill to make certain adjust- H.R. 4682: A bill to revise the boundary of the AMVETS organization. ments to the boundaries of the Mount Nebo the Allegheny Portage Railroad National H.R. 3838. An act to amend the charter of Wilderness Area, and for other purposes. Historic Site, and for other purposes. the Veterans of Foreign Wars of the United By Mr. BINGAMAN, from the Committee H.R. 5099: A bill to extend the periods of States organization to make members of the on Energy and Natural Resources, with an authorization for the Secretary of the Inte- armed forces who receive special pay for amendment in the nature of a substitute and rior to implement capital construction duty subject to hostile fire or imminent dan- an amendment to the title: projects associated with the endangered fish ger eligible for membership in the organiza- H.R. 980: A bill to establish the Moccasin recovery implementation programs for the tion, and for other purposes. Bend National Historic Site in the State of Upper Colorado and San Juan River Basins. Tennessee as a unit of the National Park H.R. 5125: A bill to amend the American f System. Battlefield Protection Act of 1996 to author- MEASURES REFERRED By Mr. BINGAMAN, from the Committee ize the Secretary of the Interior to establish on Energy and Natural Resources, without a battlefield acquisition grant program. The following bill and joint resolu- amendment: By Mr. BINGAMAN, from the Committee tion were read the first and the second H.R. 2628: A bill to direct the Secretary of on Energy and Natural Resources, with an times by unanimous consent, and re- the Interior to conduct a study of the suit- amendment in the nature of a substitute: ferred as indicated ability and feasibility of establishing the S. 1451: A bill to provide for the convey- Muscle Shoals National Heritage Area in ance of certain public land in Clark County, H.R. 5169. An act to amend the Federal Alabama, and for other purposes. Nevada, for use as a shooting range. Water Pollution Control Act to enhance the H.R. 2818: A bill to authorize the Secretary By Mr. BINGAMAN, from the Committee security of wastewater treatment works; to of the Interior to convey certain public land on Energy and Natural Resources, without the Committee on Environment and Public within the Sand Mountain Wilderness Study amendment: Works. Area in the State of Idaho to resolve an oc- S. 1816: A bill to provide for the continu- H.J. Res. 6. Joint resolution recognizing cupancy encroachment dating back to 1971. ation of higher education through the con- Commodore John Barry as the first flag offi- H.R. 2990: A bill to amend the Lower Rio veyance of certain public lands in the State cer of the United States Navy; to the Com- Grande Valley Water Resources Conserva- of Alaska to the University of Alaska, and mittee on Armed Services. tion and Improvement Act of 2000 to author- for other purposes. f ize additional projects under that Act, and By Mr. BINGAMAN, from the Committee for other purposes. on Energy and Natural Resources, with an REPORTS OF COMMITTEES H.R. 3401: A bill to provide for the convey- amendment: The following reports of committees ance of Forest Service facilities and lands S. 1959: A bill to direct the Secretary of the comprising the Five Mile Regional Learning Interior to conduct a study of the former were submitted: Eagledale Ferry Dock in the State of Wash- By Mr. KENNEDY, from the Committee on Center in the State of California to the Clo- ington for potential inclusion in the Na- Health, Education, Labor, and Pensions: vis Unified School District, to authorize a tional Park System. Report to accompany S. 2394, a bill to new special use permit regarding the contin- ued use of unconveyed lands comprising the By Mr. BINGAMAN, from the Committee amend the Federal Food, Drug, and Cosmetic on Energy and Natural Resources, with an Act to require labeling containing informa- Center, and for other purposes. By Mr. BINGAMAN, from the Committee amendment in the nature of a substitute: tion applicable to pediatric patients. (Rept. on Energy and Natural Resources, with an S. 1988: A bill to authorize the American No. 107–300). amendment in the nature of a substitute: Battle Monuments Commission to establish By Mr. INOUYE, from the Committee on H.R. 3421: A bill to provide adequate school in the State of Louisiana a memorial to Indian Affairs, with an amendment in the facilities within Yosemite National Park, honor the Buffalo Soldiers. nature of a substitute: and for other purposes. S. 2016: A bill to authorize the exchange of S. 2743: A bill to approve the settlement of By Mr. BIDEN, from the Committee on lands between an Alaska Native Village Cor- the water rights claims of the Zuni Indian Foreign Relations, without amendment: poration and the Department of the Interior, Tribe in Apache County, Arizona, and for H.R. 3656: A bill to amend the Inter- and for other purposes. other purposes. (Rept. No. 107–301). national Organizations Immunities Act to S. 2475: A bill to amend the Central Utah By Mr. JEFFORDS, from the Committee provide for the applicability of that Act to Project Completion Act to clarify the re- on Environment and Public Works, with an the European Central Bank. sponsibilities of the Secretary of the Interior amendment in the nature of a substitute: By Mr. BINGAMAN, from the Committee with respect to the Central Utah Project, to S. 2847: A bill to assist in the conservation on Energy and Natural Resources, with redirect unexpended budget authority for the of cranes by supporting and providing, amendments: Central Utah Project for wastewater treat- through projects of persons and organiza- H.R. 3786: A bill to revise the boundary of ment and reuse and other purposes, to pro- tions with expertise in crane conservation, the Glen Canyon National Recreation Area vide for prepayment of repayment contracts financial resources for the conservation pro- in the States of Utah and Arizona. for municipal and industrial water delivery grams of countries the activities of which di- By Mr. BINGAMAN, from the Committee facilities, and to eliminate a deadline for rectly or indirectly affect cranes. (Rept. No. on Energy and Natural Resources, without such prepayment. 107–302). amendment: S. 2556: A bill to authorize the Secretary of By Mr. JEFFORDS, from the Committee H.R. 3858: A bill to modify the boundaries the Interior to convey certain facilities to on Environment and Public Works, with an of the New River Gorge National River, West the Fremont-Madison Irrigation District in amendment: Virginia. the State of Idaho.

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10115 By Mr. BINGAMAN, from the Committee By Mr. BINGAMAN, from the Committee James E. Kinkeade, of Texas, to be United on Energy and Natural Resources, without on Energy and Natural Resources, with an States District Judge for the Northern Dis- amendment: amendment: trict of Texas. S. 2565: A bill to enhance ecosystem protec- S. 2776: A bill to provide for the protection Robert G. Klausner, of California, to be tion and the range of outdoor opportunities of archaeological sites in the Galisteo Basin United States District Judge for the Central protected by statute in the Skykomish River in New Mexico, and for other purposes. District of California. valley of the State of Washington by desig- By Mr. BINGAMAN, from the Committee Robert B. Kugler, of New Jersey, to be nating certain lower-elevation Federal lands on Energy and Natural Resources, without United States District Judge for the District as wilderness and for other purposes. amendment: of New Jersey. S. 2585: A bill to direct the Secretary of the S. 2788: A bill to revise the boundary of the Ronald B. Leighton, of Washington, to be Interior to disclaim any Federal interest in Wind Cave National Park in the State of United States District Judge for the Western lands adjacent to Spirit Lake and Twin South Dakota. District of Washington. Lakes in the State of Idaho resulting from S. 2823: A bill to amend the Organic Act of Jose L. Linares, of New Jersey, to be possible omission of lands from an 1880 sur- Guam for the purposes of clarifying the local United States District Judge for the District vey. judicial structure of Guam. of New Jersey. By Mr. BINGAMAN, from the Committee S. 2872: A bill to reinstate and extend the Alia M. Ludlum, of Texas, to be United on Energy and Natural Resources, with deadline for commencement of construction States District Judge for the Western Dis- amendments: of a hydroelectric project in the State of Illi- trict of Texas. S. 2587: A bill to establish the Joint Fed- nois. William J. Martini, of New Jersey, to be eral and State Navigable Waters Commission S. 2880: A bill to designate Fort Bayard United States District Judge for the District for Alaska. Historic District in the State of New Mexico of New Jersey. By Mr. BINGAMAN, from the Committee as a National Historic Landmark, and for Thomas W. Phillips, of Tennessee, to be on Energy and Natural Resources, with an other purposes. United States District Judge for the Eastern amendment in the nature of a substitute: S. 2893: A bill to provide that certain Bu- District of Tennessee. S. 2612: A bill to establish wilderness areas, reau of Land Management land shall be held Linda R. Reade, of Iowa, to be United promote conservation, improve public land, in trust for the Pueblo of Santa Clara and States District Judge for the Northern Dis- and provide for high quality development in the Pueblo of San Ildefonso in the State of trict of Iowa. Clark County, Nevada, and for other pur- New Mexico. William E. Smith, of Rhode Island, to be poses. By Mr. BINGAMAN, from the Committee United States District Judge for the District By Mr. BINGAMAN, from the Committee on Energy and Natural Resources, with an of Rhode Island. on Energy and Natural Resources, with an amendment: Jeffrey S. White, of California, to be amendment in the nature of a substitute and S. 2899: A bill to establish the Atchafalaya United States District Judge for the North- an amendment to the title: National Heritage Area, Louisiana. ern District of California. S. 2623: A bill to designate the Cedar Creek By Mr. BINGAMAN, from the Committee Freda L. Wolfson, of New Jersey, to be Battlefield and Belle Grove Plantation Na- on Energy and Natural Resources, without United States District Judge for the District tional Historical Park as a unit of the Na- amendment: of New Jersey. tional Park System, and for other purposes. S. 2927: A bill to extend the deadline for Carol Chien-Hua Lam, of California, to be By Mr. BINGAMAN, from the Committee commencement of construction of a hydro- United States Attorney for the the Southern on Energy and Natural Resources, with electric project in the State of Oregon. District of California for the term of four amendments: By Mr. BINGAMAN, from the Committee years. S. 2652: A bill to authorize the Secretary of on Energy and Natural Resources, with an Glenn T. Suddaby, of New York, to be Agriculture to sell or exchange certain land amendment: United States Attorney for the Northern Dis- in the State of Florida, and for other pur- S. 2937: A bill to establish the Blue Ridge trict of New York for the term of four years poses. National Heritage Area in the State of North Johnny Mack Brown, of South Carolina, to By Mr. BINGAMAN, from the Committee Carolina, and for other purposes. be United States Marshal for the District of on Energy and Natural Resources, with an By Mr. BINGAMAN, from the Committee South Carolina for the term of four years. amendment: on Energy and Natural Resources, without John Francis Clark, of Virginia, to be S. 2670: A bill to establish Institutes to amendment: United States Marshal for the Eastern Dis- conduct research on the prevention of, and S. 2952: A bill to amend the National Trails trict of Virginia for the term of four years. restoration from, wildfires in forest and System Act to extend the Lewis and Clark Robert Maynard Grubbs, of Michigan, to be woodland ecosystems. National Historic Trail. United States Marshal for the Eastern Dis- By Mr. BINGAMAN, from the Committee S. 3003: A bill to authorize a land convey- trict of Michigan for the term of four years. on Energy and Natural Resources, with an ance between the United States and the City Joseph R. Guccione, of New York, to be amendment in the nature of a substitute: of Craig, Alaska, and for other purposes. United States Marshal for the Southern Dis- S. 2672: A bill to provide opportunities for By Mr. BINGAMAN, from the Committee trict of New York for the term of four years. collaborative restoration projects on Na- on Energy and Natural Resources, with By Mr. SARBANES for the Committee on tional Forest System and other public do- amendments: Banking, Housing, and Urban Affairs: main lands, and for other purposes. S. 3005: A bill to revise the boundary of the *Alberto Faustino Trevino, of California, S. 2696: A bill to clear title to certain real Kaloko-Honokohau National Historical Park to be an Assistant Secretary of Housing and property in New Mexico associated with the in the State of Hawaii, and for other pur- Urban Development. Middle Rio Grande Project, and for other poses. *Carolyn Y. Peoples, of Maryland, to be an purposes. S.J. RES. 44: A joint resolution to consent Assistant Secretary of Housing and Urban By Mr. BINGAMAN, from the Committee to amendments to the Hawaii Homes Com- Development. on Energy and Natural Resources, with mission Act, 1920. *Armando J. Bucelo, Jr., of Florida, to be amendments: a Director of the Securities Investor Protec- f S. 2727: A bill to provide for the protection tion Corporation for a term expiring Decem- of paleontological resources on Federal EXECUTIVE REPORTS OF ber 31, 2002. lands, and for other purposes. COMMITTEES *Armando J. Bucelo, Jr., of Florida, to be S. 2731: A bill to establish the Crossroads of a Director of the Securities Investor Protec- the American Revolution National Heritage The following executive reports of tion Corporation for a term expiring Decem- Area in the State of New Jersey, and for committees were submitted: ber 31, 2005. other purposes. Mr. LEAHY for the Committee on the Ju- *Deborah Doyle McWhinney, of California, S. 2744: A bill to establish the National diciary: to be a Director of the Securities Investor Aviation Heritage Area, and for other pur- Stanley R. Chesler, of New Jersey, to be Protection Corporation for a term expiring poses. United States District Judge for the District December 31, 2005. By Mr. BINGAMAN, from the Committee of New Jersey. *Rafael Cuellar, of New Jersey, to be a on Energy and Natural Resources, with an Rosemary M. Collyer, of Maryland, to be Member of the Board of Directors of the Na- amendment in the nature of a substitute: United States District Judge for the District tional Consumer Cooperative Bank for a S. 2756: A bill to establish the Champlain of Columbia. term of three years. Valley National Heritage Partnership in the Mark E. Fuller, of Alabama, to be United *Michael Scott, of North Carolina, to be a States of Vermont and New York, and for States District Judge for the Middle District Member of the Board of Directors of the Na- other purposes. of Alabama. tional Consumer Cooperative Bank for a S. 2773: A bill to authorize the Secretary of Daniel L. Hovland, of North Dakota, to be term of three years. the Interior to cooperate with the High United States District Judge for the District *John M. Reich, of Virginia, to be Vice Plains Aquifer States in conducting a of North Dakota. Chairperson of the Board of Directors of the hydrogeologic characterization, mapping, Kent A. Jordan, of Delaware, to be United Federal Deposit Insurance Corporation. modeling and monitoring program for the States District Judge for the District of *Philip Merrill, of Maryland, to be Presi- High Plains Aquifer and for other purposes. Delaware. dent of the Export-Import Bank of the

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10116 CONGRESSIONAL RECORD — SENATE October 8, 2002 United States for the remainder of the term 5. Grandparents: Fraternal: Grandfather: United States of America to the Republic of expiring January 20, 2005. Day Holman, deceased; Grandmother: Mary Senegal, and to serve concurrently and with- By Mr. BIDEN for the Committee on For- Jackson, deceased. Maternal: Grandfather: out additional compensation as Ambassador eign Relations: Levi Gardner, deceased; Grandmother Sally Extraordinary and Plenipotentiary of the *John R. Dawson, of the District of Colum- Young, deceased. United States of America to the Republic of bia, a Career Member of the Senior Foreign 6. Brothers and spouses: Mr. and Mrs. Guinea-Bissau. Service, Class of Minister-Counselor, to be Thomas J. Holman, $500, 2000, Tom Davis; (The following is a list of all members of Ambassador Extraordinary and Pleni- $300, 2000, Rep. Party; Mr. Wilton J. Holman, my immediate family and their spouses. I potentiary of the United States of America deceased; Mr. Donald W. Alexander, none; have asked each of these persons to inform to the Republic of Peru. Mr. Dennis R. Alexander, none; Mr. Michael me of the pertinent contributions made by (The following is a list of all members of D. Holman, none. them. To the best of my knowledge, the in- my immediate family and their spouses. I 7. Sisters and Spouses: Billye M. Morant formation contained in this report is com- have asked each of these persons to inform (Divorced), none; Mrs. Dorrie E. Hill, none; plete and accurate.) me of the pertinent contributions made by Mr. Benjamin Hill (spouse), none. Nominee: Richard Allan Roth. them. To the best of my knowledge, the in- Post: Dakar, Senegal. formation contained in this report is com- David L. Lyon, of California, is a Career Contributions, Amount, Date, Donee. plete and accurate.) Member of the Senior Foreign Service, Class 1. Self, none. Nominee: John R. Dawson. of Minister-Counselor, to be Ambassador Ex- 2. Spouse: Carol Kinsman Roth, none. Post: Lima, Peru. traordinary and Plenipotentiary of the 3. Children and spouses: Aaron Kinsman Contributions, Amount, Date, Donee: United States of America to the Republic of Roth and David Kinsman Roth, none. 1. Self, none. 4. Parents: mother, Marcia Roth: Fiji, and to serve concurrently and without 2. Spouse, none. Contributions for Senator Carl Levin (D– additional compensation as Ambassador Ex- 3. Children and Spouses, none. MI), $10.00, August 16, 1998, Levin for Con- traordinary and Plenipotentiary of the 4. Parents: Robert and Joan Dawson, none. gress; $25.00, May 20, 1998, Levin for Congress; United States of America to the Republic of 5. Grandparents: Ernest and Eva Dawson, $20.00, July 12, 2000, Levin for Congress; Nauru, Ambassador Extraordinary and Plen- John and Mildred Power—all deceased. $25.00, December 1, 2001, Friends of Carl ipotentiary of the United States of America 6. Brothers and spouses: Scott and Carrie Levin. Dawson, none. to the Kingdom of Tonga, and Ambassador B. Contributions for Senator Deborah Sta- 7. Sisters and spouses: Deborah Dawson Extraordinary and Plenipotentiary of the benow (D–MI), $20.00, April 1, 2000, Stabenow and Gerald Bailey, $100.00, March, 2000, Bill United States of America to Tuvalu. for U.S. Senate. Bradley. (The following is a list of all members of C. Contributions for the Michigan Attor- my immediate family and their spouses. I ney General, $20.00, February 27, 2000, Jen- *Gene B. Christy, of Texas, a Career Mem- have asked each of these persons to inform nifer Granholm for Attorney General of ber of the Senior Foreign Service, Class of me of the pertinent contributions made by Michigan. Minister-Counselor, to be Ambassador Ex- them. To the best of my knowledge, the in- D. Contributions to the Democratic Party, traordinary and Plenipotentiary of the formation contained in this report is com- $20.00, July 12, 2000, Michigan Democratic United States of America to Brunei plete and accurate.) Victory; $20.00, September 2, 1998, Michigan Darussalam. Nominee: Lyon, David L. Democratic Party Fund; $20.00, August 16, (The following is a list of all members of Post: Fiji, Nauru, Tonga & Tuvalu. 1998, Democratic Congressional Campaign my immediate family and their spouses. I Contributions, Amount, Date, Donee. Committee (DCCC); $30.00, June 3, 1999, have asked each of these persons to inform 1. Self, none. DCCC; $20.00, July 12, 2000, DCCC; $25.00, Sep- me of the pertinent contributions made by 2. Spouse: Maureen Lyon, none. tember 11, 2000, DCCC; $30.00, July 27, 2001, them. To the best of my knowledge, the in- 3. Children and spouses: Nathaniel Lyon, DCCC; $20.00, June 12, 1998, Democratic Na- formation contained in this report is com- none. Jocelyn Lyon, none. tional Committee (DNC); $20.00, November 3, plete and accurate.) 4. Parents: Scott Lyon, deceased. Nancy Nominee: Gene B. Christy. Lyon, (deceased). 1999, DNC; $20.00, February 27, 2000, DNC; Post: Brunei Darussalam. 5. Grandparents: Calvin Lyon, (deceased), $20.00, June 10, 2001, DNC; $20.00, June 27, Contributions, Amount, Date, Donee. Lulu Lyon, (deceased), Walter Wilson, (de- 2001, DNC; $25.00, October 15, 2001, DNC. Fa- 1. Self, none. ceased), Mary Wilson, (deceased). ther, Morton Roth, deceased. 2. Spouse, none. 6. Brothers and spouses: Peter Lyon, none. 5. Grandparents: Samuel and Fay Atlas, 3. Children and spouses: Geoffrey B. Stephen Lyon, (deceased). deceased; Nathan and Fanny Roth, deceased. 6. Brothers and spouses: Robert Ira Roth, Christy, none; Emilie Henshell Christy, 7. Sisters and spouses: n/a. none. (not married), none. 7. Sisters and spouses: Nicki Felica Roth 4. Parents: George B. Christy, (father/de- *Linda Ellen Watt, of Florida, a Career (not married), none. ceased); Clara Williams Christy, (step-moth- Member of the Senior Foreign Service, Class er/deceased); Rosea Whitmire Christy, of Minister-Counselor, to be Ambassador Ex- (mother/deceased). *Antonio O. Garza, Jr., of Texas, to be Am- traordinary and Plenipotentiary of the bassador Extraordinary and Plenipotentiary 5. Grandparents: Arthur Christy, (grand- United States of America to the Republic of father/deceased); Minnie Beach Christy, of the United States of America to Mexico. Panama. (The following is a list of all members of (grandmother/deceased); Burl Durden (The following is a list of all members of Whitmire, (grandfather/deceased); Rose Rice my immediate family and their spouses. I my immediate family and their spouses. I have asked each of these persons to inform Whitmire, (grandmother/deceased). have asked each of these persons to inform 6. Brothers and spouses: None. me of the pertinent contributions made by me of the pertinent contributions made by 7. Sisters and spouses: None. them. To the best of my knowledge, the in- them. To the best of my knowledge, the in- formation contained in this report is com- *Charles Aaron Ray, of Texas, a Career formation contained in this report is com- plete and accurate.) Member of the Senior Foreign Service, Class plete and accurate.) Nominee: Antonio O. Garza, Jr. (Tony of Counselor, to be Ambassador Extraor- Contributions, Amount, Date, Donee. Garza). dinary and Plenipotentiary of the United Nominee: Linda Ellen Watt. Post: Ambassador to Mexico. States of America to the Kingdom of Cam- Post: Panama. Contributions, Amount, Date, Donee. 2. Self, none. bodia. 1. Self: $1000, 6/25/99, George W. Bush; $1000, (The following is a list of all members of 2. Spouse, none. 11/13/00, Bush-Cheney Recount Fund. my immediate family and their spouses. I 3. Children and spouses: Thomas L. Crosby, 2. Spouse, none. have asked each of these persons to inform and Laura M. Crosby, none. 3. Children and spouses, none. 4. Parents: Mr. & Mrs. William Watt, $25.00, me of the pertinent contributions made by 4. Parents: Antonio O. Garza Sr. and Lita 7/31/98, Rep Nat’l Comm; Mrs. Frances Watt, them. To the best of my knowledge, the in- Q. Garza (deceased), none. $25.00, 1/19/99, Friends Guilian; $20.00, 4/04/02, formation contained in this report is com- 5. Grandparents: Nicolas A. Garza (de- Rep Nat’l Comm. plete and accurate.) ceased), Rosa Garcia de Garza (deceased); Nominee: Charles A. Ray. 5. Grandparents: Mr. & Mrs. Ulysses S. Magdalena Sanchez de Quintana (deceased); Post: Cambodia. Ford, deceased. Mr. & Mrs. Alexander Watt, Pelayo Quintana (deceased). Contributions, Amount, Date, Donee. deceased. 6. Brothers and spouses: Nicolas A. Garza, 1. Self, none. 6. Brothers and spouses: William A. Watt, none. 2. Spouse: Myung W. Ray, none. Jr., Less than $200 total various dates, Nat’l 7. Sisters and spouses: Mrs. Miguel Ortiz 3. Children and spouses: Gayle D. Ray and Rep Congr. Committee. (sister), $500, 9/29/00, Republican National Spouse: Reuben Watson, none. Jason A. Ray, 7. Sisters and spouses: none. Committee. Mr. Miguel Ortiz (brother in none. David E. Ray, none. Denise E. Ray, law), $500. 5/5/97, IBC Commerce Committee none. *Richard Allan Roth, of Michigan, a Career for Improvement of the Country; $500, 4/20/98, 4. Parents: Father: L.B. Holman, deceased; Member of the Senior Foreign Service, Class IBC Commerce Committee for Improvement Mother: Magnolia (Gardner) Alexander, of Minister-Counselor, to be Ambassador Ex- of the Country; $500, 9/29/00, Republican Na- none. traordinary and Plenipotentiary of the tional Committee.

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10117 *Joseph Huggins, of the District of Colum- have asked each of these persons to inform The PRESIDING OFFICER. Without bia, a Career Member of the Senior Foreign me of the pertinent contributions made by objection, it is so ordered. Service, Class of Counselor, to be Ambas- them. To the best of my knowledge, the in- *Foreign Service nominations beginning sador Extraordinary and Plenipotentiary of formation contained in this report is com- Deborah C. Rhea and ending Ashley J. Tellis, the United States of America to the Republic plete and accurate.) which nominations were received by the Sen- of Botswana. Nominee: Robin Renee Sanders. ate and appeared in the Congressional (The following is a list of all members of Post: Brazzaville. Record on June 21, 2002. my immediate family and their spouses. I Contributions, Amount, Date, Donee. *Foreign Service nominations beginning have asked each of these persons to inform 1. Self, none. Dean B. Wooden and ending Claudia L. 2. Spouse, none. me of the pertinent contributions made by Yellin, which nominations were received by 3. Children and spouses, none. them. To the best of my knowledge, the in- the Senate and appeared in the Congres- 4. Parents: Geneva Sanders and Robert formation contained in this report is com- sional Record on June 21, 2002. Sanders, none. plete and accurate.) *Nomination was reported with rec- Nominee: Joseph Huggins. *5. Grandparents: Lucille Lawrence, none. Post: Gaborone, Botswana. 6. Brothers and spouses, none. ommendation that it be confirmed sub- Contributions, Amount, Date, Donee. 7. Sisters and Spouses: Sharon Sanders and ject to the nominee’s commitment to 1. Joseph Huggins, none. Paula Sanders, none. respond to requests to appear and tes- 2. Spouse: Margot A. Sullivan (spouse), *All other grandparents are deceased tify before any duly constituted com- none. mittee of the Senate. 3. Children: Keisha A. Huggins, Wahida M. *Kim R. Holmes, of Maryland, to be an As- sistant Secretary of State (International Or- (Nominations without an asterisk Hugguns, Cecelia E. Huggins, and Joseph were reported with the recommenda- Huggins III, none. ganizations). 4. Parents: Elizabeth C. Huggins and Jo- *Francis X. Taylor, of Maryland, to be Di- tion that they be confirmed.) seph Huggins (deceased), none. rector of the Office of Foreign Missions, and f to have the rank of Ambassador during his 5. Grandparents, deceased. INTRODUCTION OF BILLS AND 6. Brothers and spouses: Jerome and Janet tenure of service. Huggins, Lawrence and Aria Huggins, and *Francis X. Taylor, of Maryland, to be an JOINT RESOLUTIONS Michael Huggins, none. Assistant Secretary of State (Diplomatic Se- The following bills and joint resolu- 7. Sisters: Lisa A. Huggins, none; Lorraine curity). tions were introduced, read the first Brandon (deceased). *Maura Ann Harty, of Florida, a Career Member of the Senior Foreign Service, Class and second times by unanimous con- sent, and referred as indicated: *Grover Joseph Rees, of Louisiana, to be of Minister-Counselor, to be an Assistant Ambassador Extraordinary and Pleni- Secretary of State (Consular Affairs). By Mr. HATCH: potentiary of the United States of America *Nancy P. Jacklin, of New York, to be S. 3069. A bill for the relief of Daniel King Cairo; to the Committee on the Judiciary. to the Democratic Republic of East Timor. United States Executive Director of the (The following is a list of all members of International Monetary Fund for a term of By Mr. AKAKA (for himself and Mr. my immediate family and their spouses. I two years. LEVIN): S. 3070. A bill to authorize appropriations have asked each of these persons to inform *Seth Cropsey, of the District of Columbia, for the Merit Systems Protection Board and me of the pertinent contributions made by to be Director of the International Broad- the Office of Special Counsel, and for other them. To the best of my knowledge, the in- casting Bureau, Broadcasting Board of Gov- purposes; to the Committee on Govern- formation contained in this report is com- ernors. mental Affairs. plete and accurate.) *Steven J. Simmons, of Connecticut, to be By Mr. ENSIGN: Nominee: Grover Joseph Rees III. Member of the Broadcasting Board of Gov- ernors for the remainder of the term expiring S. 3071. A bill to require reports to Con- Post: Ambassador to East Timor. gress related to airports that will not deploy Contributions, Amount, Date, Donee. August 13, 2003. *Joaquin F. Blaya, of Florida, to be a explosive detection systems by December 31, 1. Self, $100, 10/2000, Republican Natl 2002, and for other purposes; to the Com- Commi; 50, 10/2000, Bill McCollum for Sen; Member of the Broadcasting Board of Gov- ernors for a term expiring August 13, 2005. mittee on Commerce, Science, and Transpor- JoAnn Davis for Congress, October 2000, $50; tation. Mike Ferguson for Congress, October 2000, *D. Jeffrey Hirschberg, of Wisconsin, to be a Member of the Broadcasting Board of Gov- By Mr. INHOFE: $50; Ric Keller for Congress, October 2000, $50; S. 3072. A bill to amend the Internal Rev- Jay Dickey for Congress, October 2000, $50; ernors for a term expiring August 13, 2004. *Ellen R. Sauerbrey, of Maryland, for the enue Code of 1986 to make inapplicable the 10 Jim Rogan for Congress, October 2000, $50; rank of Ambassador during her tenure of percent additional tax on early distributions Mike Ferguson for Congress, May 2000, $25; service as the Representative of the United from certain pension plans of public safety Mike Ferguson for Congress, May 2000, $50. States of America on the Commission on the employees; to the Committee on Finance. 2. Spouse, none. By Mr. SESSIONS (for himself, Mr. 3. Children and Spouses: Grover Joseph Status of Women of the Economic and Social LEAHY, Mr. NICKLES, Mr. HATCH, Mr. Rees IV, son, none; Oksana Prokhvacheva, Council of the United Nations. SHELBY, Ms. SNOWE, Mr. BUNNING, daughter-in-law, none. *Wendy Jean Chamberlin, of Virginia, to Mr. ENZI, and Mr. MCCONNELL): 4. Parents: Grover Joseph Rees Jr., father, be an Assistant Administrator of the United States Agency for International Develop- S. 3073. A bill to encourage the establish- none; Patricia Byrne Rees, mother, none. ment of Johnny Micheal Spann Patriot 5. Grandparents: Maternal grandparents, ment. *Diane M. Ruebling, of California, to be a Trusts; to the Committee on Armed Serv- Robert Byrne and Anna McLaughlin Byrne, ices. deceased; paternal grandfather, Grover Jo- Member of the Board of Directors of the Overseas Private Investment Corporation for By Mr. BIDEN (for himself, Mr. seph Rees, is also deceased; paternal grand- EDWARDS, Mrs. FEINSTEIN, Mr. CAR- mother, Consuelo Broussard Rees, none. a term expiring December 17, 2002. *C. William Swank, of Ohio, to be a Mem- PER, and Mr. SCHUMER): 6. Brothers and Spouses: Robert Byrne S. 3074. A bill to provide bankruptcy judge- Rees and Sally Billeaud Rees, none; John ber of the Board of Directors of the Overseas Private Investment Corporation for a term ships; to the Committee on the Judiciary. Murphy Rees and Linda Lough Rees, none; By Mr. FRIST (for himself, Mr. BROWN- Stephen Gregory Rees and Mary Aline Rees, expiring December 17, 2002. *Samuel E. Ebbesen, of the Virgin Islands, BACK, and Mr. HELMS): none; Charles Andrew Rees, none; Thomas to be a Member of the Board of Directors of S. 3075. A bill to facilitate famine relief ef- Matthew Rees, none; Daniel Anthony Rees the Overseas Private Investment Corpora- forts and a comprehensive solution to the and Kay Sibille Rees, none; James tion for a term expiring December 17, 2003. war in Sudan; to the Committee on Foreign McLaughlin Rees and Jeannine Lanoux, *Ned L. Siegel, of Florida, to be a Member Relations. none; Richard Claude Rees and Nicole Rees, of the Board of Directors of the Overseas Pri- By Mr. WARNER (for himself and Mr. none. vate Investment Corporation for a term ex- ALLEN): 7. Sisters and spouses: Kathleen Ann Rees S. 3076. A bill to provide risk sharing and piring December 17, 2003. Rosa and Richard Rosa, none. Margaret indemnification for government contractors Mary Rees Crain and David Crain, none; Mr. BIDEN. Mr. President, for the supplying anti-terrorism technology and Mary Elizabeth Rees, none. Committee on Foreign Relations I re- services, and for other purposes; to the Com- port favorably the following nomina- mittee on Armed Services. *Robin Renee Sanders, of New York, a Ca- tion lists which were printed in the By Mr. CLELAND (for himself, Mr. reer Member of the Senior Foreign Service, RECORD on the dates indicated, and ask MILLER, and Mr. THURMOND): Class of Counselor, to be Ambassador Ex- unanimous consent, to save the ex- S. 3077. A bill to designate the facility of traordinary and Plenipotentiary of the the United States Postal Service located at United States of America to the Republic of pense of reprinting on the Executive 206 South Main Street in Glennville, Geor- Congo. Calendar that these nominations lie at gia, as the ‘‘Michael Lee Woodcock Post Of- (The following is a list of all members of the Secretary’s desk for the informa- fice’’; to the Committee on Governmental my immediate family and their spouses. I tion of Senators. Affairs.

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10118 CONGRESSIONAL RECORD — SENATE October 8, 2002 By Mr. HOLLINGS (for himself and Mr. S. 724, a bill to amend title XXI of the ALLEN) was added as a cosponsor of S. THURMOND): Social Security Act to provide for cov- 2968, a bill to amend the American Bat- S. 3078. A bill to direct the Secretary of the erage of pregnancy-related assistance tlefield Protection Act of 1996 to au- Interior to conduct a study of the suitability for targeted low-income pregnant thorize the Secretary of the Interior to and feasibility of establishing the Southern Campaign of the Revolution Heritage Area in women. establish a battlefield acquisition South Carolina, and for other purposes; to S. 1038 grant program. the Committee on Energy and Natural Re- At the request of Mr. JEFFORDS, the S. 2969 sources. name of the Senator from South Da- At the request of Mr. CRAIG, his name By Mr. BIDEN (for himself and Mr. kota (Mr. JOHNSON) was added as a co- was withdrawn as a cosponsor of S. SPECTER): sponsor of S. 1038, a bill to amend the 2969, a bill to provide for improvement S. 3079. A bill to authorize the issuance of Internal Revenue Code of 1986 to im- of Federal education research, statis- immigrant visas to, and the admission to the United States for permanent residence of, prove access to tax-exempt debt for tics, evaluation, information, and dis- certain scientists, engineers, and technicians small nonprofit health care and edu- semination, and for other purposes. who have worked in Iraqi weapons of mass cational institutions. S. 2990 destruction programs; to the Committee on S. 1329 At the request of Mr. BINGAMAN, the the Judiciary. At the request of Mr. JEFFORDS, the name of the Senator from Massachu- By Mr. LUGAR (for himself and Mr. name of the Senator from Ohio (Mr. setts (Mr. KERRY) was added as a co- BINGAMAN): VOINOVICH) was added as a cosponsor of sponsor of S. 2990, a bill to provide for S. 3080. A bill to establish a national teach- S. 1329, a bill to amend the Internal programs and activities to improve the ing fellowship program to encourage individ- uals to enter and remain in the field of Revenue Code of 1986 to provide a tax health of Hispanic individuals, and for teaching at public elementary schools and incentive for land sales for conserva- other purposes. secondary schools; to the Committee on tion purposes. S. 3062 Health, Education, Labor, and Pensions. S. 1877 At the request of Mr. CRAIG, the By Mr. JOHNSON: At the request of Mr. HARKIN, the name of the Senator from Nevada (Mr. S. 3081. A bill to amend the Internal Rev- name of the Senator from Arkansas ENSIGN) was added as a cosponsor of S. enue Code of 1986 to suspend the tax-exempt (Mrs. LINCOLN) was added as a cospon- 3062, a bill to direct the Secretary of status of designated terrorist organizations, and for other purposes; to the Committee on sor of S. 1877, a bill to clarify and reaf- Agriculture to conduct a study of the Finance. firm a cause of action and Federal effectiveness of silver-based biocides as By Mr. GRASSLEY (for himself and court jurisdiction for certain claims an alternative treatment to preserve Mr. BAUCUS): against the Government of Iran. wood. S. 3082. A bill to suspend tax-exempt status S. 2667 S. RES. 307 of designated terrorist organizations; to the At the request of Mr. CHAFEE, his At the request of Mr. TORRICELLI, the Committee on Finance. name was added as a cosponsor of S. name of the Senator from New York By Mr. MCCAIN (for himself, Mr. FEIN- 2667, a bill to amend the Peace Corps (Mr. SCHUMER) was added as a cospon- GOLD, Ms. SNOWE, Mr. JEFFORDS, Mr. SCHUMER, Ms. CANTWELL, Ms. COL- Act to promote global acceptance of sor of S. Res. 307, a resolution reaffirm- LINS, Mr. LIEBERMAN, Mr. LEVIN, Mr. the principles of international peace ing support of the Convention on the EDWARDS, and Mr. THOMPSON): and nonviolent coexistence among peo- Prevention and Punishment of the S.J. Res. 48. A joint resolution dis- ples of diverse cultures and systems of Crime of Genocide and anticipating the approving the rule submitted by the Federal government, and for other purposes. commemoration of the 15th anniver- Election Commission under chapter 8 of title S. 2793 sary of the enactment of the Genocide 5, United States Code, relating to prohibited At the request of Mr. ENSIGN, the Convention Implementation Act of 1987 and excessive contributions; to the Com- mittee on Rules and Administration. names of the Senator from Missouri (the Proxmire Act) on November 4, By Mr. AKAKA (for himself, Mr. (Mr. BOND) and the Senator from Wyo- 2003. INOUYE, Mr. KENNEDY, Mr. REED, Ms. ming (Mr. THOMAS) were added as co- S. RES. 333 MIKULSKI, Mr. WELLSTONE, Mr. JEF- sponsors of S. 2793, a bill to improve At the request of Mr. HUTCHINSON, FORDS, Mr. EDWARDS, Mr. BINGAMAN, patient access to health care services the name of the Senator from Colorado Mr. DODD, Mrs. CLINTON, Mr. LIEBER- and provide improved medical care by (Mr. CAMPBELL) was added as a cospon- MAN, Mr. KERRY, Mr. TORRICELLI, and reducing the excessive burden the li- sor of S. Res. 333, a resolution express- Mrs. BOXER): ability system places on the health ing the sense of the Senate relating to S.J. Res. 49. A joint resolution recognizing the contributions of Patsy Takemoto Mink; care delivery system. a dispute between the Pacific Maritime to the Committee on Health, Education, S. 2869 Association and the International Labor, and Pensions. At the request of Mr. KERRY, the Longshore and Warehouse Union. f names of the Senator from Pennsyl- S. CON. RES. 3 vania (Mr. SPECTER) and the Senator At the request of Mr. FEINGOLD, the SUBMISSION OF CONCURRENT AND from Oklahoma (Mr. INHOFE) were name of the Senator from Florida (Mr. SENATE RESOLUTIONS added as cosponsors of S. 2869, a bill to GRAHAM) was added as a cosponsor of S. The following concurrent resolutions facilitate the ability of certain spec- Con. Res. 3, a concurrent resolution ex- and Senate resolutions were read, and trum auction winners to pursue alter- pressing the sense of Congress that a referred (or acted upon), as indicated: native measures required in the public commemorative postage stamp should By Mr. CORZINE: interest to meet the needs of wireless be issued in honor of the U.S.S. Wis- S. Res. 336. A resolution urging the inter- telecommunications consumers. consin and all those who served aboard national community to reject a boycott of S. 2869 her. Israeli academic and cultural institutions; to At the request of Mr. CRAIG, his name S. CON. RES. 136 the Committee on Foreign Relations. was added as a cosponsor of S. 2869, At the request of Mr. BAUCUS, the f supra. names of the Senator from Nebraska ADDITIONAL COSPONSORS S. 2922 (Mr. NELSON) and the Senator from At the request of Ms. LANDRIEU, the Colorado (Mr. ALLARD) were added as S. 710 name of the Senator from Hawaii (Mr. cosponsors of S. Con. Res. 136, a con- At the request of Mr. KENNEDY, the INOUYE) was added as a cosponsor of S. current resolution requesting the name of the Senator from Georgia (Mr. 2922, a bill to facilitate the deployment President to issue a proclamation in CLELAND) was added as a cosponsor of of wireless telecommunications net- observance of the 100th Anniversary of S. 710, a bill to require coverage for works in order to further the avail- the founding of the International Asso- colorectal cancer screenings. ability of the Emergency Alert System, ciation of Fish and Wildlife Agencies. S. 724 and for other purposes. S. CON. RES. 138 At the request of Mr. BOND, the name S. 2968 At the request of Mr. REID, the of the Senator from Washington (Mrs. At the request of Mr. SARBANES, the names of the Senator from South Caro- MURRAY) was added as a cosponsor of name of the Senator from Virginia (Mr. lina (Mr. HOLLINGS), the Senator from

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10119 Massachusetts (Mr. KENNEDY) and the the family can hope to receive is freedom and security. It will address Senator from New Hampshire (Mr. $250,000. CIA and FBI benefits are the current inequity between those SMITH) were added as cosponsors of S. somewhat better, but still do not ap- who died in their office and those who Con. Res. 138, a concurrent resolution proach the $1.85 million mark. Now is died on the battle field defending expressing the sense of Congress that the time to remedy this inequity and America, and it will seek a fair and pa- the Secretary of Health and Human to meet the responsibility of taking triotic way for charities to recognize Services should conduct or support re- care of the families of the military and those who died defending their country search on certain tests to screen for government personnel who give their against terrorism. ovarian cancer, and Federal health lives defending us from terrorism. Who among us can look into the eyes care programs and group and indi- So today, I offer this bill to narrow of the widow of a soldier who lost his vidual health plans should cover the the gap in the current compensation life fighting for his country and say, tests if demonstrated to be effective, system. This bill will facilitate and en- ‘‘Sorry, you only get $6,000, but the and for other purposes. courage private charitable giving for widow of the securities broker in New f the benefit of spouses and dependents York gets almost $2 Million.’’ This bill of military, CIA, FBI, and other Fed- takes a modest step toward ensuring STATEMENTS ON INTRODUCED eral employees killed in the line of fair and equitable treatment to all of BILLS AND JOINT RESOLUTIONS duty while combating terrorism. The those making the ultimate sacrifice, By Mr. SESSIONS (for himself, bill will use no government monies and giving their lives to protect the United Mr. LEAHY, Mr. NICKLES, Mr. will not affect the September 11 Fund. States and her citizens against terror- HATCH, Mr. SHELBY, Ms. SNOWE, Instead, the bill will allow private ists around the world. Mr. BUNNING, Mr. ENZI, and Mr. monies to fill in the gap. It is our moral duty and obligation to MCCONNELL): If a Section 501(c)(3) charity meets assist these service members and fed- S. 3073. A bill to encourage the estab- the requirements of the bill, it can des- eral employees who are giving their lishment of Johnny Michael Spann Pa- ignate itself as a ‘‘Johnny Michael lives in service to our country. Helping triot Trusts; to the Committee on Spann Patriot Trust.’’ The require- charities fill the gap is the least that Armed Services. ments are: 1. Beneficiaries—The trust we can do. I would urge all of my col- Mr. SESSIONS. Mr. President, I rise must benefit government employees or leagues to support this bill as a way to today to introduce the Johnny Michael contractors whose death occur in the show our Armed Forces and other em- Spann Patriot Trusts Act. Members of line of duty and arise out of terrorist ployees that they are deserving of fair the United States military, CIA per- attacks, military operations, intel- and equitable treatment. sonnel, FBI personnel, and other Fed- ligence operations, law enforcement I ask unanimous consent that the eral employees defend the freedom and operations, or accidents connected text of the bill be printed in the security of our Nation each day, often with activities occurring after Sep- RECORD. at high risk to their own safety, and tember 11, 2001, and related to domestic There being no objection, the bill was sometimes at the cost of their own or foreign efforts to curb international ordered to be printed in the RECORD, as lives. This bill will help facilitate the terrorism, including the Authorization follows: flow of private charitable money to the for Use of Military Force that we S. 3073 widows and orphans of our American passed last year. Be it enacted by the Senate and House of Rep- servicemen, CIA officers, FBI agents, 2. Tax Rules—The trust must qualify resentatives of the United States of America in and other Federal employees who give under existing tax rules for charitable Congress assembled, their lives in the War on Terrorism. trusts or private foundations. Thus, SECTION 1. TREATMENT OF CHARITABLE TRUSTS In the days following the terrorist at- contributions to the fund will be tax FOR MEMBERS OF THE ARMED FORCES OF THE UNITED STATES tacks of September 11, we passed the deductible. AND OTHER GOVERNMENTAL ORGA- Victims Compensation Fund of 2001 to 3. Distrubutions—The trust must dis- NIZATIONS. provide compensation to the victims of tribute at least eighty-five percent of (a) FINDINGS.—Congress finds the fol- those attacks. The September 11 Fund funds collected to beneficiaries. Thus, lowing: only covers those who were injured or administrative expenses can be no (1) Members of the Armed Forces of the killed on September 11 as a result of more than fifteen percent, after the United States defend the freedom and secu- the September 11 attacks. It is esti- rity of our Nation. initial organizing expenses are made. (2) Members of the Armed Forces of the mated that the September 11 Fund will 4. Audit—If contributions to the United States have lost their lives while bat- provide the families of the September trust exceed $1 million, it must be au- tling the evils of terrorism around the world. 11 victims with an average of $1.85 mil- dited by an independent certified pub- (3) Personnel of the Central Intelligence lion each. lic accountant. Agency (CIA) charged with the responsibility The September 11 Fund, however, 5. McCain-Feingold—The trust must of covert observation of terrorists around does not cover military or government comply with the existing exemption in the world are often put in harm’s way during personnel who have been killed while the McCain-Feingold campaign finance their service to the United States. fighting against terrorists in the new law for charities. (4) Personnel of the Central Intelligence War on Terrorism after September 11, Agency have also lost their lives while bat- Once a trust meets the requirements, tling the evils of terrorism around the world. 2001. For example, it does not cover it will be entitled to two key benefits. (5) Employees of the Federal Bureau of In- Alabama native Johnny Michael Spann First, the Secretary of Defense will be vestigation (FBI) and other Federal agencies and his family. CIA officer Johnny Mi- authorized to contact the Patriot charged with domestic protection of the chael Spann was the first American to Trusts on behalf of surviving spouses, United States put their lives at risk on a give his life for his country in the War thus eliminating the indignity widows daily basis for the freedom and security of on Terrorism launched by President often face when they are forced to go our Nation. George W. Bush following the Sep- to a charity and ask for money. (6) United States military personnel, CIA tember 11 terrorist attacks. Because personnel, FBI personnel, and other Federal Second, the bill will ensure that fed- agents in the service of the United States are individuals like Mr. Spann are not in- erally elected officials can raise money patriots of the highest order. cluded in the fund, their beneficiaries for Patriot Trusts without any problem (7) CIA officer Johnny Micheal Spann be- will receive far less than the $1.85 mil- under the McCain-Feingold campaign came the first American to give his life for lion that the beneficiaries of the Sep- finance law. This encouragement of his country in the War on Terrorism tember 11 fund will receive. Instead, Senators and Congressmen to raise launched by President George W. Bush fol- family members of our soldiers, sailors, money for the families of slain mili- lowing the terrorist attacks of September 11, airmen, and marines killed in action tary, CIA, or FBI personnel should help 2001. while fighting terrorists will receive (8) Johnny Micheal Spann left behind a build real resources to help families wife and children who are very proud of the only relatively minor benefits cur- with real needs. heroic actions of their patriot father. rently $6,000 plus a small monthly pay- Overall, this bill will help private (9) Surviving dependents of members of the ment. If the military man or women charities provide a level playing field Armed Forces of the United States who lose had purchased life insurance, the most for those who give their lives for our their lives as a result of terrorist attacks or

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10120 CONGRESSIONAL RECORD — SENATE October 8, 2002 military operations abroad receive a $6,000 shall be consistent with the protection of in- compensation for victims of terrorism. death benefit, plus a small monthly benefit. telligence sources and methods, of sensitive In 1996, we passed the Justice for Vic- (10) The current system of compensating law enforcement information, and of other tims of Terrorism Act, which author- spouses and children of American patriots is sensitive national security information. ized grants to states to provide assist- inequitable and needs improvement. (8) Each Johnny Micheal Spann Patriot (b) DESIGNATION OF JOHNNY MICHEAL SPANN Trust shall make distributions to bene- ance and compensation to victims of PATRIOT TRUSTS.—Any charitable corpora- ficiaries described in paragraph (1) at least terrorism. Two years ago, we passed tion, fund, foundation, or trust (or separate once every calendar year, beginning not legislation directing the Justice De- fund or account thereof) which otherwise later than 12 months after the formation of partment to establish a Federal com- meets all applicable requirements under law such Trust, and all funds and donations re- pensation program for victims of inter- with respect to charitable entities and meets ceived and earnings not placed in a private national terrorism. And last year, in the requirements described in subsection (c) foundation dedicated to such beneficiaries shall be eligible to characterize itself as a the wake of the September 11 attacks, must be distributed within 36 months after we established a special fund to provide ‘‘Johnny Micheal Spann Patriot Trust’’. the end of the fiscal year in which such (c) REQUIREMENTS FOR THE DESIGNATION OF compensation to the many families funds, donations, and earnings are received. JOHNNY MICHEAL SPANN PATRIOT TRUSTS.— (9)(A) When determining the amount of a who lost loved ones on that terrible The requirements described in this sub- distribution to any beneficiary described in day. section are as follows: paragraph (1), a Johnny Micheal Spann Pa- I am proud of these legislative ac- (1) Not taking into account funds or dona- triot Trust should take into account the complishments. We should make every tions reasonably necessary to establish a trust, at least 85 percent of all funds or dona- amount of any collateral source compensa- effort to help the innocent civilians tions (including any earnings on the invest- tion that the beneficiary has received or is whose lives are shattered by terrorist ment of such funds or donations) received or entitled to receive as a result of the death of acts. At the same time, we must not collected by any Johnny Micheal Spann Pa- an individual described in subsection (c)(1). forget those who are killed while serv- (B) Collateral source compensation in- triot Trust must be distributed to (or, if ing on the front line in the war on ter- placed in a private foundation, held in trust cludes all compensation from collateral sources, including life insurance, pension rorism. Under current law, bene- for) surviving spouses, children, or dependent ficiaries of members of the U.S. Armed parents, grandparents, or siblings of 1 or funds, death benefit programs, and payments more of the following: by Federal, State, or local governments re- Forces get paid $6,000 only in death (A) members of the Armed Forces of the lated to the death of an individual described benefits from the Government, over United States; in subsection (c)(1). any insurance that they may have pur- (B) personnel, including contractors, of (d) TREATMENT OF JOHNNY MICHEAL SPANN chased. Moreover, these individuals PATRIOT TRUSTS.—Each Johnny Micheal elements of the intelligence community, as may not be eligible for payments from defined in section 3(4) of the National Secu- Spann Patriot Trust shall refrain from con- ducting the activities described in clauses (i) any existing victims’ compensation rity Act of 1947; and (ii) of section 301(20)(A) of the Federal program or charitable organization. (C) employees of the Federal Bureau of In- Election Campaign Act of 1971 so that a gen- The Johnny Michael Spann Patriot vestigation; and eral solicitation of funds by an individual de- (D) officers, employees, or contract em- Trusts Act will provide much needed scribed in paragraph (1) of section 323(e) of ployees of the United States Government, support for the families of those who such Act will be permissible if such solicita- have made the ultimate sacrifice for whose deaths occur in the line of duty and tion meets the requirements of paragraph arise out of terrorist attacks, military oper- (4)(A) of such section. their country. The bill encourages the ations, intelligence operations, law enforce- (e) NOTIFICATION OF TRUST BENE- creation of charitable trusts for the ment operations, or accidents connected FICIARIES.—Notwithstanding any other provi- benefit of surviving spouses and de- with activities occurring after September 11, sion of law, and in a manner consistent with pendents of military, CIA, FBI, and 2001, and related to domestic or foreign ef- the protection of intelligence sources and other Federal Government employees forts to curb international terrorism, includ- methods, sensitive law enforcement informa- who are killed in operations or activi- ing the Authorization for Use of Military tion, and other sensitive national security Force (Public Law 107–40; 115 Stat. 224). information, the Secretary of Defense, the ties to curb international terrorism. In (2) Other than funds or donations reason- Director of the Federal Bureau of Investiga- addition, the bill authorizes Federal of- ably necessary to establish a trust, not more tion, or the Director of Central Intelligence, ficials to contact qualifying trusts on than 15 percent of all funds or donations (or or their designees, as applicable, may for- behalf of surviving spouses and depend- 15 percent of annual earnings on funds in- ward information received from an executor, ents, pursuant to regulations to be pre- vested in a private foundation) may be used administrator, or other legal representative scribed by the Secretary of Defense. for administrative purposes. of the estate of a decedent described in sub- This will help to inform survivors (3) No part of the net earnings of any John- paragraph (A), (B), (C), or (D) of subsection ny Micheal Spann Patriot Trust may inure (c)(1), to a Johnny Micheal Spann Patriot about benefits and to ensure that those to the benefit of any individual based solely Trust on how to contact individuals eligible who are eligible have the opportunity on the position of such individual as a share- for a distribution under subsection (c)(1) for to access the money. It will also spare holder, an officer or employee of such Trust. the purpose of providing assistance from grieving widows the embarrassment of (4) None of the activities of any Johnny such Trust; provided that, neither for- having to go to a charity and ask for Micheal Spann Patriot Trust shall be con- warding nor failing to forward any informa- money. Finally, for the avoidance of ducted in a manner inconsistent with any tion under this subsection shall create any cause of action against any Federal depart- doubt, the bill makes clear that federal law with respect to attempting to influence officeholders and candidates may help legislation. ment, agency, officer, agent, or employee. (5) No Johnny Micheal Spann Patriot (f) REGULATIONS.—Not later than 90 days raise funds for qualifying trusts with- Trust may participate in or intervene in any after the date of enactment of this Act, the out running afoul of Federal campaign political campaign on behalf of (or in opposi- Secretary of Defense, in coordination with finance laws. tion to) any candidate for public office, in- the Attorney General, the Director of the While we have greatly improved our Federal Bureau of Investigation, and the Di- cluding by publication or distribution of victims assistance and compensation rector of Central Intelligence, shall prescribe statements. regulations to carry out this section. programs, we still have more to do. I (6) Each Johnny Micheal Spann Patriot urge my colleagues on both sides of the Trust shall comply with the instructions and f aisle to join in advancing this legisla- directions of the Director of Central Intel- JOHNNY MICHAEL SPANN PATRIOT tion through Congress before the end of ligence, the Attorney General, or the Sec- TRUSTS ACT retary of Defense relating to the protection the year. of intelligence sources and methods, sen- Mr. LEAHY. Mr. President, I am Mr. WARNER. Mr. President, I rise sitive law enforcement information, or other pleased to join Senators SESSIONS and today to introduce a bill on behalf of sensitive national security information, in- NICKLES in introducing the Johnny Mi- myself and Senator ALLEN to authorize cluding methods for confidentially dis- chael Spann Patriot Trusts Act. This the President to apply the indemnifica- bursing funds. legislation will facilitate private chari- tion authorities now available to the (7) Each Johnny Micheal Spann Patriot table giving for the benefit of spouses Department of Defense and other agen- Trust that receives annual contributions to- of servicemen and other Federal em- cies for national defense purposes to taling more than $1,000,000 must be audited those agencies engaged in defending annually by an independent certified public ployees who are killed in the line of accounting firm. Such audits shall be filed duty while engaged in the fight against our Nation against terrorism. This au- with the Internal Revenue Service, and shall international terrorism. thority is needed to enable America to be open to public inspection, except that the Many of us have fought for some access the best private sector solutions conduct, filing, and availability of the audit time to achieve fair and expeditious to defend our homeland, particularly

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10121 from those innovative small businesses with any efforts to limit or cap liabil- problems, we have the best law enforce- who do not have the capital to shoulder ity. I see these two efforts as com- ment and security apparatus to guard significant liability risk. plimentary. This legislation should not them. There is an urgent need for this au- be seen as an alternative for tort re- What we do not have is an immigra- thority. For example, contractors will form, but merely as one tool that can tion system that readily admits large not sell chemical and biological detec- be used by the President to ensure that numbers of persons who have a recent tors already available to DOD to other vitally needed technologies necessary involvement with weapons of mass de- Federal agencies and state and local for homeland defense are placed into struction, have recently aided a coun- authorities because of the liability the hands of those who need them. try in the so-called ‘‘axis of evil,’’ and risk. Some of our Nation’s top defense During World War II and all subse- are bringing their families. contractors will not sell these products quent wars, conflicts and emergencies I am introducing today, therefore, because they are afraid to risk the fu- in which the U.S. has been involved, we legislation to admit to our country ture of their company on a lawsuit. In have needed domestic contractors to be those Iraqi scientists, engineers and the meantime the American people are innovative, resourceful and ready to technicians, and their families, who vulnerable. We should give the Presi- support efforts at home and abroad. In give reliable information on Saddam’s dent the option that he currently does 1941, the Congress wanted contractors programs to us, to the United Nations, not have, of deciding whether the Fed- to know that if they were willing to en- or to the International Atomic Energy eral Government should facilitate gage in unusually hazardous activities Agency. these purchases. This legislation would for the national defense, then the U.S. My esteemed colleague on the Judici- do precisely that. Government would address the poten- ary Committee, Senator SPECTER of This liability risk has been a long- tial liability exposure associated with Pennsylvania, joins me in introducing standing deterrent to the private sec- the conduct of such activities. Our po- this legislation, and I am very pleased tor freely contracting with the Federal sition should be no different now. to have his support. This bill is not po- Government to meet national security litical. Rather, it is a bipartisan effort needs. Congress has acted in the past By Mr. BIDEN (for himself and to help the President succeed in forcing to authorize the indemnification of Mr. SPECTER): Iraq to destroy all its weapons of mass S. 3079. A bill to authorize the contracts, particularly in times of war. destruction capabilities. issuance of immigrant visas to, and the On December 18, 1941, less than two I urge my colleagues to support this admission to the United States for per- weeks after the attack on Pearl Har- legislation. Why? Because those Iraqis manent residence of, certain scientists, bor, the Congress enacted Title II of will deserve our protection. And equal- engineers, and technicians who have the First War Powers Act of 1941. By ly important, because they will not worked in Iraqi weapons of mass de- providing authority to the President to come forward unless we offer that pro- struction programs; to the Committee indemnify contracts, this legislation tection. and its successor have enabled the pri- on the Judiciary. Mr. BIDEN. Mr. President, last night Charles Duelfer, former Deputy Exec- vate sector to enter into contracts that utive Director of UNSCOM, the origi- involve a substantial liability risk. Ad- the President of the United States said something very important about nal U.N. inspection force in Iraq, re- ministrations since Roosevelt’s day cently wrote an article entitled, ‘‘The have used these authorities to indem- United Nations inspections in Iraq. He said: Inevitable Failure of Inspections in nify or share the risk with defense con- Iraq.’’ He made the following rec- tractors. This was required to jump Clearly, to actually work, any new inspec- tions. . .will have to be very different.... ommendations: First, inspectors should start the ‘‘arsenal of democracy’’ in be mandated to interview the few hun- 1941. It was true in 1958, when the nu- To ensure that we learn the truth, the re- gime must allow witnesses to its illegal ac- dred key scientists, engineers, and clear and missile programs were facili- tivities to be interviewed outside the coun- technicians who were involved in the tated by the indemnification of risks try, and these witnesses must be free to previous weapons of mass destruction associated with the use of nuclear bring their families with them so they are efforts and have them account for their power and highly volatile missile fuels. all beyond the reach of Saddam Hussein’s activities since December 1998. The it is true today for technology solu- terror and murder. And inspectors must have U.N. knows who these individuals are. tions required by agencies engaged in access to any site, at any time, without pre- If, as is suspected, Iraq has been con- the war against terrorism. clearance, without delay, without excep- This war is going to be different in tions. tinuing to develop weapons of mass de- many ways. For one, much of the Na- The President is right on the money struction, some or most of these people tion’s homeland defense activities are about the inspections. This is how to will have been involved. going to be conducted by State and get the information the world needs on Second, the conditions for such inter- local governments. It is thus impera- Saddam Hussein’s weapons of mass de- views must be changed. Iraqi govern- tive to ensure that State and local gov- struction programs. But how is the ment observers must not be present. ernments can access vital anti-ter- U.N. to do that? the previous UNSCOM agreement to rorism technologies. Where will those weapons scientists the presence of such ‘‘minders’’ was a To facilitate this, this bill would re- and their families go, once they’ve told mistake. The fact that junior workers quire the establishment of a Federal the truth about Saddam’s weapons pro- would shake with fear at the prospect contracting vehicle to which state and grams? They can’t go home again. And of answering a question in a way incon- local governments could turn to rap- at least in the short run, there will be sistent with government direction idly buy anti-terrorism solutions from no safe haven in the region for the peo- made this obvious. the Federal Government. The Presi- ple who reveal Saddam’s most terrible Third, and most important, the U.N. dent would also be authorized, if he secrets. should offer sanctuary or safe haven to deemed it necessary, to indemnify So where will those scientists go? those who find it a condition for speak- these purchases. Maybe some can go to Europe, al- ing the truth. The people are key to I want to emphasize two points. One, though both al Qaeda cells and these programs. Access to the people that this authority is discretionary. Saddam’s agents have operated there. under conditions where they could The President, on a case by case basis Maybe some can go to Canada, or to speak freely was not something will decide whether to indemnify con- South America. UNSCOM ever achieved except in the tracts. I expect the President will use But if the United States wants the rare instances of defection. this authority much like it has been world to show resolve in dealing with Mr. Duelfer concludes: I often sum- used at the Defense Department, care- Saddam Hussein, then we should show marized this problem to Washington by fully and thoughtfully, and only for the way by taking the lead in admit- suggesting that, if UNSCOM had 100 those products that the government ting those Iraqis who have the courage green cards to distribute during inspec- cannot obtain without the use of the to betray Saddam’s nuclear, chemical tions, it could have quickly accounted authority. and biological weapons programs. for the weapons programs. The second point I want to emphasize We have a large country in which to Other experts, including Dr. Khidir is that indemnification not in conflict absorb those people, and, for all our Hamza, a former Iraqi nuclear weapons

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10122 CONGRESSIONAL RECORD — SENATE October 8, 2002 scientist who testified before the Sen- We owe it to the President to do all (8) Inspections will fail if United Nations ate Foreign Relations Committee on we can to make that possible. and International Atomic Energy Agency in- July 27, have pointed out that by entic- We owe it to the United Nations in- spectors do not have speedy and complete ac- ing scientists and engineers away from spectors to give them every chance to cess to any and all sites of interest to them. (9) Inspections will be much less effective Iraq, we will also deprive Saddam Hus- succeed. if those scientists, engineers, and techni- sein of the very people he needs to We owe to it Iraq’s people and its cians whom the inspectors interview are produce those weapons of mass destruc- neighbors to do everything we can to monitored and subjected to pressure by tion and long-range missiles. dismantle its weapons of mass destruc- agents of Saddam Hussein’s regime. If we do, in the end, have to go to war tion programs. (10) As the President made clear in his against Saddam, then the fewer weap- And we owe it to our own people to speech to the Nation on October 7, 2002, the ons scientists he has, the better. do all we can to achieve that end most effective international inspection of Current law includes several means peacefully, and with international sup- Iraq would include interviews with persons of either paroling non-immigrants into port. who are unmonitored by Saddam Hussein’s This bill is a small step toward those regime and who are protected from it in re- the United States or admitting people turn for providing reliable information. for permanent residence, notwith- ends, but it is a vital one. I urge my (11) The emigration from Iraq of key sci- standing their normal inadmissibility colleagues to give it their immediate entists, engineers, and technicians could sub- under the law. attention and their considered support. stantially disable Saddam Hussein’s pro- These are very limited provisions, I ask unanimous consent that the grams to produce weapons of mass destruc- however, and they will not suffice to full text of my bill appear following my tion and the means to deliver them. accommodate hundreds of Iraqi sci- remarks in the CONGRESSIONAL RECORD. SEC. 3. SENSE OF CONGRESS. entists and their families. There being no objection, the bill was It is the sense of Congress that— The legislation that I am intro- ordered to be printed in the RECORD, as (1) Iraq must give United Nations and follows: International Atomic Energy Agency inspec- ducing, the ‘‘Iraqi Scientists Libera- tors speedy and complete access to any and tion Act of 2002,’’ will permit the Sec- S. 3079 all sites of interest to them; retary of State and the Attorney Gen- Be it enacted by the Senate and House of Rep- (2) United Nations and International eral, acting jointly and on a case-by- resentatives of the United States of America in Atomic Energy Agency inspections in Iraq case basis, to admit a foreigner and his Congress assembled, should include interviews with persons who family for permanent residence if such SECTION 1. SHORT TITLE. are unmonitored by Saddam Hussein’s re- person: is a scientist, engineer, or tech- This Act may be known as the ‘‘Iraqi Sci- gime and who are protected from it in return nician who has worked in an Iraqi pro- entists Liberation Act of 2002’’. for providing reliable information; and (3) key scientists, engineers, and techni- gram to produce weapons of mass de- SEC. 2. FINDINGS. Congress makes the following findings: cians in Saddam Hussein’s programs to struction or the means to deliver them, (1) The President stated in substance the produce weapons of mass destruction and the during the years since the inspectors following to the United Nations General As- means to deliver them should be encouraged left and Saddam began rebuilding those sembly: to leave those programs and provide infor- programs; is willing to supply or has (A) In 1991, the Iraqi regime agreed to de- mation to governments and international in- supplied reliable information on that stroy and stop developing all weapons of stitutions that are committed to disman- program to UNMOVIC, to the IAEA, or mass destruction and long-range missiles, tling those programs. to an agency of the United State Gov- and to prove to the world it has done so by SEC. 4. ADMISSION OF CRITICAL ALIENS. ernment; and will be or has been placed complying with rigorous inspections. Iraq (a) AUTHORITY.—Notwithstanding the pro- has broken every aspect of this fundamental visions of the Immigration and Nationality in danger as a result of providing such pledge. Act (8 U.S.C. 1101 et seq.), whenever the Sec- information. (B) Today, Iraq continues to withhold im- retary of State and the Attorney General, The Attorney General will be empow- portant information about its nuclear pro- acting jointly, determine that the admission ered to set the rules and regulations gram: weapons design, procurement logs, ex- into the United States of an alien described governing implementation of this law, periment data, an accounting of nuclear ma- in subsection (b) is in the public interest, the in consultation with the Secretary of terials, and documentation of foreign assist- alien, and any member of the alien’s imme- State and other relevant officials. ance. Iraq’s state-controlled media has re- diate family accompanying or following to Finally, this legislation will be lim- ported numerous meetings between Saddam join, shall be eligible to receive an immi- ited to the admission of 500 scientists, Hussein and his nuclear scientists, leaving grant visa and to be admitted to the United little doubt about his continued appetite for States for permanent residence. plus their families, over 3 years. If it these weapons. (b) ELIGIBILITY.—An alien described in this works and we need to enlarge the pro- (C) Iraq also possesses a force of Scud-type subsection is an alien who— gram, we can do so. missiles with ranges greater than the 150 kil- (1) is a scientist, engineer, or technician The important thing for now is to ometers permitted by the United Nations. who has worked at any time since December give our country the initial authority, (2) United Nations Special Commission 16, 1998, in an Iraqi program to produce weap- and to give United Nations inspectors (UNSCOM) experts concluded that Iraq’s dec- ons of mass destruction or the means to de- the ability to call on us when one of larations on biological agents vastly under- liver them; Saddam’s nuclear, chemical or biologi- stated the extent of its program, and that (2) is in possession of critical reliable infor- mation concerning any such Iraqi program; cal weapons experts is willing to help Iraq actually produced two to four times the amount of most agents, including anthrax (3) is willing to provide, or has provided, the world to bring those programs and botulinum toxin, than it had declared. such information to inspectors of the United down. (3) UNSCOM reported to the United Na- Nations, inspectors of the International It is hard to predict what we will tions Security Council in April 1995 that Iraq Atomic Energy Agency, or any department, achieve by opening our doors. Iraq will had concealed its biological weapons pro- agency, or other entity of the United States surely object to giving UNMOVIC the gram and had failed to account for 3 tons of Government; and inspection and interview powers that growth material for biological agents. (4) will be or has been placed in danger as the President proposes. But if (4) Gaps identified by UNSCOM in Iraqi ac- a result of providing such information. (c) LIMITATION.—Not more than 500 prin- UNMOVIC does get into Iraq under a counting and current production capabilities strongly suggest that Iraq maintains stock- cipal aliens may be admitted to the United stronger Security Council resolution in piles of chemical agents, probably VX, sarin, States under subsection (a). The limitation the coming weeks, then having this law cyclosarin, and mustard. in this subsection does not apply to any im- on the books could help to undermine (5) Iraq has not accounted for hundreds of mediate family member accompanying or Saddam Hussein’s weapons of mass de- tons of chemical precursors and tens of thou- following to join a principal alien. struction programs. sands of unfilled munitions, including Scud (d) EXPIRATION OF AUTHORITY.—The au- Even if inspectors never get in, a variant missile warheads. thority granted in this section shall expire 36 public offer of asylum for Iraq’s sci- (6) Iraq has not accounted for at least months after the date of enactment of this Act. entists could lead some to defect, as 15,000 artillery rockets that in the past were its preferred vehicle for delivering nerve SEC. 5. RULES AND REGULATIONS. Dr. Hamza did. agents, nor has it accounted for about 550 ar- The Attorney General, in consultation Last night the President called for tillery shells filled with mustard agent. with the Secretary of State, is authorized to inspections that protect the lives of (7) For nearly 4 years, Iraq has been able to prescribe such rules and regulations as may those who are interviewed and their pursue its weapons of mass destruction pro- be necessary to carry out the provisions of families. grams free of inspections. this Act.

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10123 SEC. 6. WEAPON OF MASS DESTRUCTION DE- experiencing in recruitment and reten- Senator LUGAR, in the introduction of FINED. tion vary. The bill we introduce today the Teaching Fellows Act of 2002. (a) IN GENERAL.—In this Act, the term encourages states to structure their Earlier this year, the No Child Left ‘‘weapon of mass destruction’’ has the mean- ing given the term in section 1403(1) of the scholarship program so that it address- Behind Act was signed into law. I was Defense Against Weapons of Mass Destruc- es the individual needs of the State, proud to be a member of the Con- tion Act of 1996 (title XIV of Public Law 104– and utilizes the best resources they ference Committee that ultimately 201; 110 Stat. 2717; 50 U.S.C. 2302(1)), as have to offer. wrote this important piece of legisla- amended by subsection (b). Similar to the National Health Serv- tion. This legislation includes impor- (b) TECHNICAL CORRECTION.—Section ice Corps, selected students would re- tant reform efforts and increased re- 1403(1)(B) of the Defense Against Weapons of ceive at least $6,500 per year toward sources for schools that will go a long Mass Destruction Act of 1996 (title XIV of college expenses, and in return, would way toward addressing many of the Public Law 104–201; 110 Stat. 2717; 50 U.S.C. 2302(1)(B)) is amended by striking ‘‘a disease incur an obligation to serve in an needs in our education system. I will organism’’ and inserting ‘‘a biological agent, under-served area. In this case, we re- continue to fight for increased appro- toxin, or vector (as those terms are defined quire new teachers to teach five years priations for the programs contained in in section 178 of title 18, United States in a low performing public school. this bipartisan legislation. Code)’’. The Teaching Fellows Act would set As we begin to consider reauthoriza- up a competitive process whereby tion of the Higher Education Act, we By Mr. LUGAR (for himself and states could apply for matching, 75–25 must continue to seek avenues for sup- Mr. BINGAMAN): percent, Federal grants to establish or porting our Nation’s schools. Providing S. 3080. A bill to establish a national expand scholarship programs for pro- additional support for the training of teaching fellowship program to encour- spective teachers. The proposal is new, high quality teachers is an impor- age individuals to enter and remain in based on one of the most successful tant way to do that. Ultimately, im- the field of teaching at public elemen- teaching scholarship programs in the proving the quality of education in our tary schools and secondary schools; to Nation—that of State of North Caro- nation will require a comprehensive the Committee on Health, Education, lina. There are two main prongs to this approach that includes raising stand- Labor, and Pensions. act. The first is the teaching fellowship ards and increasing school account- Mr. LUGAR. Mr. President, I rise program, this program would dis- ability. However, central to any effort today to introduce the Teaching Fel- tribute grants to states for teaching to improve education are teachers. lows Act of 2002. scholarships that students could apply Being the son of two former teachers, I This year Congress passed, and the for after their senior year of high am well acquainted with the challenges President signed into law the No Child school or their second year of college. and the rewards that being a good Left Behind Act. This new law rep- The bill also authorizes a ‘‘partnership teacher brings. Being a parent and a resents the most sweeping changes to program,’’ aimed at community college community member, I also know how the Elementary and Secondary Edu- students, particularly those who are influential teachers can be in the lives cation Act, ESEA, since it was enacted currently trained or training as teach- of our children. Teachers not only pass in 1965. The Act underscores the impor- ing assistants. With encouragement, along knowledge and act as role mod- tance of a good education; it stresses the hope is that these individuals els, but research shows that teacher the use of research-based teaching pro- might go on to obtain four-year de- quality is critical to student achieve- grams, increases funds available to grees to become licensed teachers. ment. public schools, broadens local flexi- Grants would be available to states for Over the years, I have had the oppor- bility, and enhances accountability. partnership programs between commu- tunity to meet with many of our dedi- In focusing on these principles, we nity colleges and four-year colleges to cated and hard-working teachers in aim to change the way our schools do provide for the training. New Mexico. These personal experi- business. This is important. While Other approaches such as loan for- ences have strengthened my belief that some schools are doing well, many are giveness programs and offering federal we need to do all that we can to en- not. It is important that our low per- stipends are important tools in our courage the best and the brightest to forming schools are given the assist- quest to recruit teachers. However, the enter and to remain in this most im- ance they need to improve, along with strength of the Teacher Fellowship Act portant profession. the knowledge that they will be held is the focus that we place on the en- It is estimated that nearly a third of accountable for turning themselves richment of these students. Qualifying our Nation’s teachers will retire over around and narrowing the existing States will have developed programs the next five years. In addition, large achievement gaps. that have designed a strong extra-cur- numbers of new teachers leave their I have long championed the greater ricular program that serves as a sup- jobs within a few years, particularly in use of research-based programs in trou- port system for new teachers. rural and urban areas. These patterns bled schools, specifically Comprehen- It is estimated that up to 22 percent could seriously jeopardize the quality sive School Reform. Good reform pro- of new teaches leave within 3 years— of our children’s education unless we grams are a bargain for our schools and this figure is as high as 55 percent in take some steps to insure that there our children when we compare their urban or rural areas. Not only must we are enough trained people available to costs to that of retention, special edu- recruit more teachers, but we must en- fill these positions. We must also do cation and illiteracy. courage a more comprehensive and sup- what we can to support the preparation However, I also realize that the best portive system of training. and training of these individuals. research-based programs cannot be suc- Our bill is not a panacea to the prob- The Teaching Fellows Act would cre- cessfully implemented without a suffi- lems of teacher recruitment and reten- ate two programs designed to encour- cient number of teachers in the class- tion. However, I believe it is a step in age people to enter and to remain in room. Statistics vary, but it is esti- the right direction. I hope that we will the profession of teaching. First, the mated that 1 million of the Nation’s 3 give more states and communities the program would distribute grants to million teachers will retire in the next incentive to work with their institu- states for teaching scholarships. In re- 5 years. Schools will need to hire over tions of higher education to more com- turn for at least $6,500 per year toward 2 million new teachers in the next dec- prehensively address the education of college expenses, students would agree ade. one our Nation’s most important re- to teach in a low-performing school for To help address this problem, my col- sources—that of teachers. five years. This program would thus league Senator BINGAMAN and I are in- The successful education of our na- not only help teachers to prepare for troducing today the Teaching Fellows tion’s children requires that we work their profession but it would also in- Act, legislation that aims to encourage together at the Federal, State, and sure that students in our poorest and the best and brightest to enter teach- local levels to ensure that no child is most challenged schools have access to ing. left behind. well-trained teachers. The problem of teacher shortages is Mr. BINGAMAN. Mr. President, I rise Second, the bill would provide grants complex, and the problems States are today to join my esteemed colleague, for individuals currently working in

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10124 CONGRESSIONAL RECORD — SENATE October 8, 2002 our schools as instructional assistants erful forces lined up to preserve a sta- ters in Washington. Likewise, the soft or in other capacities to obtain four- tus quo that served them well. But money fundraising activities of Federal year degrees to become licensed teach- after a 7-year fight on Capitol Hill over officeholders have led the public to sus- ers. Grants would be available to campaign finance reform, Congress pect that those who serve in Congress States for partnership programs be- concluded that it could no longer abide or the White House are paying special tween community colleges and four- the corruption and appearances of cor- heed to the will of the wealthy few. year colleges to provide for this train- ruption caused by soft money. It The new campaign finance law’s pro- ing. These programs require that states sought fundamental change and a res- hibitions on soliciting and directing come up with 25 percent of the funding toration of public confidence in our de- soft money are aimed precisely at this and students will be required to stay in mocracy by at last enacting the Bipar- problem. As Senator Carl Levin, D-MI, the state to teach for five years. tisan Campaign Reform Act. said on the Senate floor on March 20, In conclusion, I would like to say Unfortunately, four unelected mem- 2002, during debate on the Bipartisan that I am very excited about co-spon- bers of the Federal Election Commis- Campaign Reform Act: soring a bill that seeks to recruit new sion thought they knew better. In writ- . . . [W]e have had enough of the solicita- teachers and to enrich their training ing rules to implement the party and tions by our elected officials and the officers experiences. Although this bill is only candidate soft money provisions of the of our national parties, soliciting huge sums part of a larger effort to provide all new campaign finance law, these Com- of money by offering insider access to gov- American students with a quality edu- missioners proceeded to resurrect as- ernment decisionmakers . . . Under this soft cation, it is an important component. money ban, public officials and candidates pects of the soft money system that will be out of the soft money fundraising busi- Having well-qualified teachers avail- Congress had just banished. This exer- ness, and that’s a very important step we will able to teach, especially in the most cise entailed gyrations of logic and ra- be taking with this legislation. The official impoverished districts, is something tionalizations that flew squarely in the with power, and the candidate seeking to be that we owe to our children and our- face of statutory language, legislative in a position of power, won’t be able to so- selves. We, as parents and as legisla- intent, and even interpretations of the licit huge sums of money and sell access to tors, must do what we can to see that law urged by the Commission’s own themselves for their campaign or for outside America’s teachers are recognized and general counsel and professional staff. groups . . .’’ (emphasis added). supported as a crucial component in At times during the soft money rule- The Federal Election Commission de- our children’s education. making process, this bloc of four Com- cided nonetheless to allow national missioners appeared willfully blind to parties and Federal officeholders to re- By Mr. MCCAIN (for himself, Mr. FEIN- the language and purpose of the stat- main in the ‘‘soft money fundraising GOLD, Ms. SNOWE, Mr. JEFFORDS, Mr. business’’—by adopting definitions of SCHUMER, Ms. CANTWELL, Ms. COL- ute, as well as the Commission’s own interpretive practices and precedents. the terms ‘‘to solicit’’ and ‘‘to direct’’ LINS, Mr. LIEBERMAN, Mr. LEVIN, Mr. that invite widespread circumvention EDWARDS, and Mr. THOMPSON): Their actions were so brazen that one S.J. Res. 48. A joint resolution dis- of the two Commissioners who voted to of the law. approving the rule submitted by the implement the law faithfully to To achieve this result, the Commis- Federal Election Commission under Congress’s intent told them, ‘‘You have sioners had to overrule the agency’s chapter 8 of title 5, United States Code, so tortured this law, it’s beyond silly.’’ own general counsel and professional relating to prohibited and excessive The result was the adoption of agen- staff. The draft final rules rec- contributions; to the Committee on cy regulations that undermine the ommended to the Commissioners by Rules and Administration. three fundamental components of the the general counsel and professional Mr. MCCAIN. Mr. President, today I Bipartisan Campaign Reform Act: the staff appropriately defined ‘‘to solicit’’ am introducing a resolution to dis- prohibition on national parties’ solic- as ‘‘to request or suggest or rec- approve the Federal Election Commis- iting, directing, receiving, or spending ommend that another person make a sion’s final regulations to implement soft money; the prohibition on Federal contribution, donation, or transfer of the title I soft money provisions of the candidates’ and officeholders’ solic- funds’’—thus, a national party could Bipartisan Campaign Reform Act, iting, directing, receiving or spending not request, suggest or recommend under the procedures established by soft money; and the prohibition on that an individual or entity donate soft the Congressional Review Act. The State parties’ spending unregulated money. This definition was consistent Commission’s regulations, titled ‘‘Pro- soft money donations on activities af- with the Commission’s longstanding hibited and Excessive Contributions: fecting Federal elections. The loop- practice and understanding concerning Non-Federal Funds or Soft Money; holes created out of whole cloth by the what constitutes a solicitation. As the Final Rule,’’ were published in the Fed- Federal Election Commission operate Commission’s associate general coun- eral Register on July 29, 2002, 67 FR separately and in combination to per- sel explained to the Commissioners 49064. mit the continuation of elements of the during the soft money rulemaking pro- I wish I did not have to introduce soft money system. ceedings: this resolution. When President Bush While I will not today discuss each . . . the concept of solicitation is not some- signed the Bipartisan Campaign Re- and every soft money regulation that thing that is new, in terms of the [Bipartisan form Act of 2002 into law on March 27, contradicts the statute and legislative Campaign Reform Act of 2002]. It is some- thing that has been in the Federal Election 2002, the soft money campaign finance intent, I will list some examples of how Campaign Act for a very long time. It’s been system should have met its demise. four Commissioners substituted their particularly significant in terms of corpora- This system of unlimited soft money own personal views for the will of Con- tions and labor organizations, in terms of contributions to national political par- gress—and left in their wake a cam- the solicitations that they may do, and some ties, unlimited soft money fundraising paign finance system too similar to the of the limitations on the frequency of their by national parties and Federal can- one we in this body set out to elimi- solicitations. With that in mind, we do have didates and officeholders, and unlim- nate. a long history of advisory opinions, and some ited laundering of soft money into Fed- The Bipartisan Campaign Reform Act very specific guidance in our campaign states that national parties and Fed- guides as to what does and what does not eral elections by State parties had bred constitute ‘to solicit.’ public cynicism about the workings of eral candidates or officeholders may We based the definition that we came up our institutions of government. At a not ‘‘solicit’’ or ‘‘direct’’ soft money. with, with those materials in mind, with the minimum, the actions of Congress and These prohibitions on soliciting and di- thought that just the common-sense usage of the executive branch were severely recting soft money are critical to the the word, ‘solicit’ would not mean something tainted by the specter of six-figure soft integrity of our political system. The different in the context of BCRA than what it money donations by special interests specter of national parties soliciting has always meant for purposes of the FECA. six-figure donations from special inter- And we have looked at it very broadly in the with a stake in legislation and policies past, in terms of encouraging support for, pending before the Federal Govern- ests with a stake in legislation or poli- and providing information as to how to con- ment. cies pending before the executive or tribute, and publicizing, the right to accept Banning soft money wasn’t an easy legislative branches has tainted the de- unsolicited contributions from any lawful legislative or political endeavor. Pow- cisions ultimately made on these mat- contributor. Those sorts of factors. I think

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10125 it’s an area of the law that’s pretty clear and idea of the contribution, which diately after BCRA’s effective date.’’ pretty well-settled (emphasis added). amounts to a ‘‘solicitation’’. Accordingly, the draft rules proposed Putting aside the associate general The general counsel’s draft properly by the General counsel indicated that counsel’s explanation that the meaning assigned distinct meaning to the term, the Commission should review conduct of ‘‘to solicit’’ is ‘‘pretty clear and ‘‘to direct.’’ It defined ‘‘to direct’’ as, occurring before the law’s effective pretty well-settled’’ in the law, four ‘‘to provide the name of a candidate, date of November 6, in addition to con- Commissioners apparently decided that political committee or organization to duct occurring after that date, in de- a dramatic change in course was some- a person who has expressed an interest termining whether a national party how warranted with respect to imple- in making a contribution, donation, or had established, financed, maintained menting soft money solicitation re- transfers of funds to those who support or controlled an organization. Indeed, strictions. A lame-duck, holdover Com- the beliefs of goals of the contributor there is absolutely no basis in the stat- missioner proposed an amendment dur- or donor . . .’’ However, the same ute for concluding that the Commis- ing the rulemaking proceedings that amendment that substantially nar- sion should review anything less than narrowed the definition of ‘‘to solicit’’ rowed the definition of ‘‘to solicit’’ re- all of a party’s conduct involving an from ‘‘to request or suggest or rec- defined ‘‘to direct’’ to mean, ‘‘to ask a organization in undertaking this anal- ommend’’ to ‘‘to ask.’’ In explaining person who has expressed an intent to ysis. this amendment, that Commissioner make a contribution, donation, or A Commissioner nonetheless offered repeatedly made it clear that he in- transfer of funds, or to provide any- an amendment containing an invented tended to narrow considerably the thing of value, to make that contribu- ‘‘grandfather clause.’’ Under this scope of the definition of ‘‘to solicit’’ tion, donation, or transfer of funds, or amendment, a national party could set contained in the general counsel’s to provide that thing of value.’’ In up a shadow entity before November 6 draft, to eliminate the concepts of to other words, the Commission ulti- to raise and spend soft money after ‘‘suggest or recommend.’’ mately defined ‘‘to direct’’ to mean that date—and yet the Commission The Commission’s general counsel nothing different from ‘‘to solicit.’’ would have to ignore that fact and any expressed strong reservations about This will allow national parties and other pre-November 6 conduct in ana- this amendment to narrow the defini- Federal officeholders to tell a willing lyzing whether the shadow entity was ‘‘established’’ by a national party. The tion of ‘‘to solicit,’’ stating the fol- donor where they should send their soft parties could provide considerable sup- lowing: money—in violation of the plain lan- port to these shadow entities prior to . . . [T]his is a pretty huge concept in the guage of the statute. November 6 and indeed hold them out Act. You can’t solicit soft money. Certain The Bipartisan Campaign Reform Act to donors as future soft money surro- actors can’t solicit soft money now under bans the receipt, solicitation, direc- gates for the parties. The Commission’s the law. And it doesn’t seem to me to take a tion, or spending of soft money not general counsel strongly objected to great deal of cleverness to make a solicita- only by national party committees but this bizarre idea, saying, ‘‘. . . [I]t is tion that is clearly intended to encourage— also by any entities ‘‘directly or indi- to persuade a person to make a contribution, hard to see how Congress imagined without coming out and asking. And I think rectly established, financed, main- that an entity that . . . . was estab- this definition has the potential for great tained or controlled’’ by those party lished a couple of days before the effec- mischief . . . And I’m concerned that this committees. This prohibits national tive date of BCRA, is any less estab- language creates a definition so narrow that party committees from spawning and lished . . . on November 10th, November it would, frankly, be very easy to avoid.’’ in other respects significantly sup- 15th or December 1st.’’ Still, the Com- The Commissioner that offered the porting ‘‘shadow entities’’ designed to mission adopted the amendment by a amendment narrowing the definition of carry on the raising and spending of vote of four to two. ‘‘to solicit’’ replied, ‘‘It indeed runs soft money once those party commit- By adopting a ‘‘grandfather clause’’ that risk.’’ tees can no longer accept soft money invented out of whole cloth, the Com- Despite the warnings of the Commis- contributions themselves. mission invited schemes by the na- sion’s general counsel, the amendment The soft money ban enacted by Con- tional parties to evade the new law by was ultimately adopted. The result is gress will achieve its full effect only if setting up surrogates prior to Novem- to exclude all but the most explicit the Federal Election Commission ap- ber 6th. Not surprisingly, the parties ‘‘asks’’ for soft money from the new plies it to all entities in fact ‘‘directly appear to be taking up the Commis- law’s solicitation prohibitions. Because or indirectly established, financed, sion’s invitation. According to a Wash- of this amendment, national parties maintained or controlled’’ by national ington Post story of August 25, 2002, and Federal candidates and office- party committees. If the Commission ‘‘Both the Democratic and Republican holders may ‘‘recommend’’ or ‘‘sug- instead willfully blinds itself to rel- senatorial campaign committees are gest’’ that a donor contribute soft evant information concerning a na- exploring the creation of separate soft- money. Far from being out of the soft tional party’s involvement with a money funds.’’ A National Journal ar- money fundraising business, parties given organization, the soft money ban ticle of September 7, 2002 likewise stat- and candidates now stand to be in a could fall short of the coverage spelled ed, ‘‘[E]ven some national party com- more subtle soft money fundraising out in the statute. Under that scenario, mittees are looking at setting up, be- business. That is hardly the funda- shadow entities set up by national par- fore November 5, new groups that they mental change in the campaign finance ties could carry on the raising and say could legally raise soft money next system that Senator LEVIN was dis- spending of soft money under the false year so long as they do not coordinate cussing on the Senate floor or that guise of ‘‘independence’’ from the par- their activities with the national com- Congress as a whole sought in enacting ties—including spending soft money on mittees.’’ the Bipartisan Campaign Reform Act. television and radio sham ‘‘issue ads.’’ The Bipartisan Campaign Reform Act The Commission compounded the Unfortunately, four Commissioners puts an end to soft money leadership problem by essentially reading the pro- opted for willful blindness rather than PACs. Soft money leadership PACs are hibition on ‘‘directing’’ soft money out a complete and accurate analysis of entities controlled by Federal office- of the statute. The new campaign fi- whether an entity was in fact ‘‘directly holders or candidates that take in un- nance law makes it illegal for national or indirectly established, financed, limited contributions from corpora- parties and Federal officeholders or maintained or controlled’’ by a na- tions, unions, and wealthy individuals candidates not only to ‘‘solicit’’ soft tional party. The explanation and jus- to finance activities beneficial to their money but also to ‘‘direct’’ soft money. tification accompanying the draft rules sponsors. These activities can include The clear implication is that those prepared by the Commission’s general events and entertainment, contribu- terms are not redundant. Specifically, counsel noted that ‘‘certain actions tions to State and local parties and ‘‘to direct’’ covers instances in which a that occur before the effective date of candidates, fundraising and adminis- national party or Federal candidate BCRA have as much of an impact on trative costs, sham ‘‘issue ads,’’ pay- suggests to whom an already willing whether an entity is ‘established, fi- ments to consultants, and expenses for contributor should make a soft money nanced, maintained or controlled’ by a partisan get-out-the-vote efforts. Ac- donation, as opposed to initiating the sponsor as actions that occur imme- cording to a February 2002 report by

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10126 CONGRESSIONAL RECORD — SENATE October 8, 2002 Public Citizen, 63 Members of Congress terized this amendment as a ‘‘total To remedy this problem, the new had their own soft money leadership carve-out’’ from the law’s restrictions campaign finance law requires State PACs at that time. From July 1, 2000, on soft money solicitations by Federal parties to use exclusively hard money until June 30, 2001, the top 25 politician candidates and officeholders. Commis- contributions to finance public com- soft money leadership PACs collected sioner Scott Thomas, who consistently munications promoting or attacking more than $15.1 million in contribu- voted against efforts to undermine and clearly identified Federal candidates, tions. compromise the law, strenuously dis- voter registration activity occurring The new law prohibits entities ‘‘di- agreed, saying, ‘‘[Congress] drafted the within 120 days of a regularly sched- rectly or indirectly established, fi- statute in a way that says in essence uled Federal election that mentions a nanced, maintained or controlled’’ by Federal candidates are not to solicit Federal candidate, and get-out-the- Federal officeholders or candidates soft money and the one part of Com- vote activity, voter identification, and from soliciting or receiving soft missioner Toner’s amendment that I generic campaign activity mentioning money. As a matter of plain meaning just can’t square with the statutory a Federal candidate and conducted in and simple common sense, this lan- ban is the last clause: the candidates connection with an election in which a guage clearly covers officeholder and and individuals holding Federal office Federal candidate appears on the bal- candidate leadership PACs. Further- may speak at such events without re- lot. It also requires State parties to use more, this statutory standard linking striction or regulation.’’ The amend- either exclusively hard money, or a leadership PACs to their officeholder ment passed despite Commissioner combination of hard money and tightly or candidate sponsors is deliberately Thomas’s objections. limited and regulated non-Federal broader than preexisting language This departure from the statutory funds, to finance voter registration, under which the Commission has treat- text and legislative intent creates a get-out-the-vote activity, voter identi- ed leadership PACs as independent of significant loophole that undermines fication, and generic campaign activity Congress’ effort to eradicate the soft Federal officials. In sum, the new law that do not mention Federal can- money system. Under this amendment, was intended to bring about the demise didates. whatever is deemed to be a State party of soft money leadership PACs—and The law does not permit the use of fundraiser essentially becomes a was well-crafted to achieve that result. unregulated, unlimited soft money do- ‘‘rules-free zone’’ for soft money solici- Despite the statutory language and nations by State parties for any of the tations. It is readily conceivable that clear legislative intent, the Federal specified ‘‘Federal election activities.’’ Federal officeholders and candidates Election Commission has left open the Indeed, during floor debate over a num- will engage in unrestrained soft money possibility of continued operation of ber of years, the House and Senate re- solicitations at any kind of event or peatedly rejected substitute proposals officeholder and candidate soft money gathering that is simply called a leadership PACs. If the Commission that would have allowed State parties ‘‘State party fundraiser.’’ Indeed, one to use unlimited soft money donations considers a leadership PAC to be ‘‘di- could envision a State party holding rectly or indirectly established, fi- for these activities. However, what was its ‘‘fundraiser’’ in Washington DC’s, settled by Congress was reopened by nanced, maintained or controlled’’ by a Union Station, with the President and Federal officeholder or candidate, it the Federal Election Commission. numerous Members of Congress in at- Through a series of amendments that will not be permitted to receive soft tendance to expressly solicit unlimited money. However, the Commission also defied the statutory language, legisla- soft money contributions for that state tive intent, its own precedents, and decided that it would analyze whether party. This result is simply impossible individual leadership PACs are so es- simple common sense, the Commission to square with the text of the law and opened the door for the use of unlim- tablished, financed, maintained or con- Congress’s intent. The problem is com- trolled by applying the same standards ited soft money donations by State pounded by the fact that the Commis- parties for certain activities that under which it has always considered sion elsewhere opened loopholes per- leadership PACs to be independent of clearly and significantly affect Federal mitting State parties to spend unregu- elections. As such, the Commission Federal officeholders and candidates. lated, unlimited soft money donations preserved the status quo of the soft This decision threatens to delete an on activities affecting Federal elec- money system in a number of re- important element of the new law’s tions, again contrary to statutory text spects—clearly contrary to Congress’s soft money prohibitions. and legislative intent. overriding purpose in enacting this The Bipartisan Campaign Reform Act In general, the Bipartisan Campaign law. permits Federal officeholders and can- Reform Act does not merely ban na- The statute does not permit State didates to ‘‘attend, speak, and be a fea- tional parties and Federal officeholders parties to use unregulated, unlimited tured guest at’’ State party fundraising from receiving, spending, directing, or soft money donations to finance ‘‘voter events. However, these individuals may soliciting soft money. The bill also pro- registration activity’’ within 120 days not expressly solicit soft money at hibits State parties from spending un- of a regularly scheduled Federal elec- State party fundraising events. regulated soft money on activities that tion and ‘‘get-out-the-vote activity’’ The Commission’s professional staff have a particularly pronounced effect conducted in connection with an elec- clearly perceived the line drawn by the on Federal elections—defined in the tion in which a Federal candidate ap- law in terms of permissible Federal of- statute as ‘‘Federal election activity.’’ pears on the ballot. State parties must ficeholder or candidate participation in This portion of the law responds to use exclusively hard money, or a tight- State party fundraising events. Con- an ongoing, significant problem. Cur- ly controlled mix of hard money and sistent with the statutory language rently, State parties often use unlim- limited, regulated non-Federal dona- and legislative intent, the draft final ited soft money donations, which are tions, if no Federal candidate is men- soft money rules prepared by the gen- transferred to them by national parties tioned, to pay for these activities. The eral counsel and professional staff held or contributed directly to them, to Federal Election Commission, however, that Federal candidates and office- help finance sham ‘‘issue ads’’ pro- permitted State parties to use unregu- holders could attend, speak at, or be moting or attacking clearly identified lated soft money for these activities, featured guests at a State party fund- Federal candidates, voter mobilization by adopting unjustifiably narrow defi- raising event, but they could not ‘‘ac- activities clearly benefitting Federal nitions of the terms ‘‘voter registra- tively solicit funds at the event.’’ candidates, and other campaign activi- tion activity’’ and ‘‘get-out-the-vote Once again, the Commission overrode ties affecting Federal elections. This activity.’’ the draft regulations developed by its compromises the integrity of our de- The draft final rules prepared by the professional staff and departed from mocracy. If unregulated and poten- Commission’s general counsel had ap- the statute. A Commissioner offered an tially unlimited soft money donations propriately defined ‘‘voter registration amendment to permit Federal office- can be funneled through State parties activity’’ and ‘‘get-out-the-vote activ- holders not merely to attend and speak into activities supporting the election ity’’ to include not merely ‘‘to assist’’ at State party fundraising events but of Federal candidates, at a minimum, individuals to vote or register to vote also to make express solicitations for officeholders appear beholden to the but also ‘‘to encourage’’ them to do so, soft money at those events. He charac- sources of those unlimited donations. consistent with Commission precedent.

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10127 For instance, elsewhere in title 11 of Bipartisan Campaign Reform Act pro- larly scheduled primary and general the Code of Federal Regulations, spe- hibits State parties from financing elections that occur in those years. In- cifically, in 11 CFR 100.133, the Com- ‘‘generic campaign activity’’ with un- deed, that conclusion is a departure mission uses the heading ‘‘voter reg- regulated, unlimited soft money dona- from relevant Commission precedent. istration and get-out-the-vote activi- tions. It proceeds to specifically define In determining when a hard money ties,’’ to describe ‘‘activity designed to ‘‘generic campaign activity’’ as ‘‘cam- match has been required for State encourage individuals to vote or to reg- paign activity that promotes a polit- party generic voter drives, the Com- ister to vote’’. However, on a four-to- ical party and does not promote a can- mission has long indicated that State two vote, the Commission overrode its didate or non-Federal candidate’’. party generic voter drive expenses in- general counsel and deleted the con- While the statutory definition covers curred as early as the beginning of a 2- cept of ‘‘encouraging’’ people to reg- ‘‘campaign activity,’’ the Commission year election cycle, e.g., January of ister to vote or to vote from the defini- adopted, again on a four-to-two vote, 1995, for the 1995–96 cycle, required par- tions of ‘‘voter registration activity’’ an amendment limiting the cor- tial hard money financing. The result and ‘‘get-out-the-vote activity.’’ responding regulatory definition to a of the Commission’s arbitrary and in- This amendment departs from not ‘‘public communication that promotes correct interpretation of the statute only Commission precedent but also a political party and does not promote and departure from its precedent in common sense. Under the amendment, a candidate or non-Federal candidate.’’ this instance is that State parties will a State party phone bank targeted at Notably, ‘‘public communication’’ is be able to use unlimited soft money to the party’s core voters, urging them to defined elsewhere in the statute and help finance certain generic party pro- ‘‘get out and vote this November’’ be- regulations to include only ‘‘a commu- motion activity and activities to iden- cause of key issues at stake, but not nication by means of any broadcast, tify likely voters occurring in at least mentioning the location of a polling cable, or satellite communication, the same year, and sometimes consid- place or offering transportation assist- newspaper, magazine, outdoor adver- erably proximate to, Federal elections. ance, would not constitute ‘‘get-out- tising facility, mass mailing, or tele- In conclusion, the cumulative effect the-vote activity’’, and thus could be phone bank to the general public, or of these provisions is to resurrect sig- financed in part with unregulated, un- any other form of general public polit- nificant aspects of the current soft limited soft money. This is an absurd ical advertising.’’ Thus, the Commis- money system at the State level, di- result, contradicting common under- sion overrode the statute to permit rectly contrary to statutory text and standings of what constitutes ‘‘get-out- State parties to use unregulated, un- legislative intent. State parties will be the-vote activity’’ and perpetuating limited soft money donations to send able to use unregulated, unlimited soft certain aspects of the current soft party promotion mailings that do not money donations to help finance tar- money system. By failing to include all constitute ‘‘mass mailings’’ and to en- geted, effective get-out-the-vote activ- ‘‘get-out-the-vote activity’’ and ‘‘voter gage in other party promotion activi- ity closely proximate to Federal elec- registration activity’’ in its definitions ties that do not rise to the level of a tions, the purchase of voter lists for of those terms, the Commission vio- ‘‘public communication’’ as specifi- voter identification purposes, generic lated the statute. cally defined in the statute and regula- party promotion activity occurring in The Commission also failed to in- tions. Federal election years, and other ac- clude all ‘‘voter identification’’ activ- The Bipartisan Campaign Reform Act tivities directly and substantially af- ity in its regulatory definition of that specifies that its restrictions on State fecting Federal elections. Further- term, violating the statute and under- party use of unregulated soft money more, under other Federal Election mining its prohibition on the use of un- for get-out-the-vote activity, voter Commission regulations shrinking the regulated soft money by State parties identification, and generic campaign statute, these unregulated soft money for such activity. The draft final rules activity apply when these activities donations could be secured for State prepared by the Commission’s general are ‘‘conducted in connection with an parties by national parties and Federal counsel had included ‘‘obtaining voter election in which a Federal candidate candidates and officeholders. Because of the Commission’s trun- lists’’ in the definition of ‘‘voter identi- appears on the ballot.’’ cated definition of ‘‘to solicit,’’ na- fication.’’ However, a Commissioner of- For purposes of this rulemaking, the tional parties and Federal candidates fered an amendment to delete voter Federal Election Commission adopted and officeholders could ‘‘recommend’’ list acquisition from this definition, an artificially and unrealistically short or ‘‘suggest’’ that donors write large even though this is a commonly under- time window for designating State soft money checks to State parties for stood component of voter identifica- party get-out-the-vote activity, voter use on get-out-the-vote drives and tion activity. A lawyer from the Com- identification, and generic campaign other activities on Federal elections. mission’s general counsel’s office activity as having been ‘‘conducted in Indeed, Federal candidates could also pointed out the problem with this connection with an election in which a take advantage of the ‘‘total carve- amendment, noting during the rule- Federal candidate appears on the bal- out’’ invented by the Commission for making: lot’’ and thus subject to the new law’s soft money limits. The Commission ul- soft money solicitations at State party In particular, I would note that the [defini- fundraisers, in order to expressly ask tion of voter identification proposed in the timately decided that these activities amendment] excludes—and I know, by de- fell under the statutory standard only donors to contribute unregulated soft sign—list acquisition, which is a key means if they occurred after ‘‘the date of the money to State parties. Acting to- of identifying voters and, therefore, seemed earliest filing deadline for access to the gether, the Commission’s various de- to us to be voter ID. And also a very signifi- primary election ballot for Federal partures from the statute would per- cant part—component of campaign spending. candidates as determined by State petuate many of the State party prac- Nonetheless, the Commission adopted law’’ up until election day of an even- tices that have undermined public con- the amendment by a four-to-two vote, numbered year. As the Commission’s fidence in our political system and that allowing State parties to continue professional staff pointed out during Congress sought to eliminate. their current practice of using unregu- the rulemaking proceedings, this filing The previously cited examples are lated, unlimited soft money donations deadline can occur as late as in August not the only instances in which the to help acquire voter lists employed to in certain States. Commission departed from the statute identify likely voters in upcoming elec- At the very least, it is difficult to and legislative intent. For instance: tions in which a Federal candidate ap- reach the conclusion that State party The Commission allowed State parties to pears on the ballot. voter identification and generic cam- spend certain non-Federal funds to raise As part of its mission to permit the paign activities conducted at any point funds ultimately used, in whole or in part, to continuation of aspects of the soft in even-numbered years are somehow finance ‘‘Federal election activity.’’ This di- rectly violates the statutory language indi- money system at the State level, the not ‘‘conducted in connection with an cating that State parties must use funds Commission also constricted the mean- election in which a Federal candidate ‘‘subject to the limitations, prohibitions, and ing of ‘‘generic campaign activity’’ appears on the ballot.’’ Federal can- reporting requirements of this Act’’ (i.e., from that provided in the statute. The didates will be on the ballot in regu- hard money) to pay the costs of raising funds

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10128 CONGRESSIONAL RECORD — SENATE October 8, 2002 used for ‘‘Federal election activity.’’ A sec- campaign finance reform that the tives SHAYS and MEEHAN filed exten- tion-by-section summary of the bill included American people deserve. sive comments on the proposed rules. in the Senate Congressional Record on I ask unanimous consent that the So the FEC had before it our views on March 18, 2002 underscores the statutory hard money financing requirement in this text of the joint resolution be printed the issues covered by the rules when it area: ‘‘Sec. 323(c). Fundraising Costs. Re- in the RECORD. made its decisions. quires national, state, and local parties to There being no objection, the joint Let me first take a moment to out- use hard money to raise money that will be resolution was ordered to be printed in line a few of the deficiencies in the used on federal election activities, as defined the RECORD, as follows: FEC’s rules, and then I will discuss our by the bill’’ (emphasis added). S.J. RES. 48 decision to invoke the Congressional The Commission even rolled back certain Resolved by the Senate and House of Rep- Review Act. One of the central provi- state party hard money financing require- sions of the McCain-Feingold bill was a ments applicable prior to the enactment of resentatives of the United States of America in the Bipartisan Campaign Reform Act. Pre- Congress assembled, That Congress dis- prohibition of Federal candidates and viously, state parties had to use at least approves the rule submitted by the Federal officeholders soliciting soft money. some hard money to finance the salaries of Election Commission relating to Prohibited The President and members of Con- state party employees spending less than 25 and Excessive Contributions: Non-Federal gress are now intimately involved in percent of their time on federal election ac- Funds or Soft Money, published at 67 Fed. their parties’ fundraising efforts. They tivity. An amendment by one Commissioner Reg. 49063 (2002), and such rule shall have no spend hours at a time making phone force or effect. eliminated that hard money allocation re- calls to corporate CEOs and labor lead- quirement, allowing state parties to finance Mr. FEINGOLD. Mr. President, I join ers asking for contributions of hun- those salaries exclusively with soft money. with the Senator from Arizona in in- The Commission allowed state parties to dreds of thousands of dollars. One use unregulated soft money donations to troducing a disapproval joint resolu- member of this body commented to me help finance Internet websites and widely tion pursuant to the Congressional Re- after making one of those calls that he distributed e-mails promoting or attacking view Act, ‘‘CRA’’. An identical joint felt like taking a shower. The White clearly identified federal candidates. In resolution is being introduced in the House coffees from 1996 and other doing so, they disregarded the statute’s pro- House of Representatives by supporters ‘‘donor service’’ events were part of hibition on state parties’ using any soft of campaign finance reform in that money for ‘‘general public political adver- this soft money system. body. If passed by the Senate and the This kind of fundraising demeans tising’’ promoting or attacking federal can- House and signed by the President, this didates. In fact, this decision departed from this body, it demeans the Presidency, Commission precedent—as the agency had resolution would result in the dis- it demeans public service. We knew if previously construed the term ‘‘general pub- approval of regulations issued by the we were going to end the soft money lic political advertising’’ to include Internet Federal Election Commission to imple- system, we had to call a halt to mem- communications. ment the core provision of the McCain- bers of Congress raising these kinds of The Commission failed to include the con- Feingold/Shays-Meehan campaign fi- unlimited contributions. cept of ‘‘apparent authority’’ in its defini- nance reform bill, the ban on soft The FEC took it upon itself to define tion of who constitutes a party or candidate money. ‘‘agent’’ for purposes of the Bipartisan Cam- the term ‘‘solicit’’ in our statute. The paign Reform Act, even though it acknowl- We are taking this step, reluctantly, General Counsel’s office sensibly sug- edged that apparent authority is included in because the rules transmitted to Con- gested a definition that to ‘‘solicit’’ the settled common law meaning of the term gress are not faithful to the letter and means to ‘‘request, suggest, or rec- ‘‘agent.’’ the spirit of the bill that we passed, ommend’’ that a contribution be made. Even this is not a complete list of the and the President signed, just a few The Commissioners decided that defini- problems created by the Commission. months ago. That bill was necessary tion was too broad so they amended However, the list is sufficient to dem- because rulings over a period of years the General Counsel’s definition and onstrate a pattern of statutory distor- by the FEC had created the soft money said that solicit only means to ‘‘ask’’ tion with a common theme: allowing system. We cannot stand by while the for a contribution. soft money banned by Congress to same regulatory body thwarts the ef- There can be no question that our in- creep back into our campaign finance forts of this Congress, and the strong tent in this law was to broadly prohibit system. desire of the American people, to end the involvement of Federal candidates The agency that created soft money that corrupt system of financing cam- and officeholders in the raising of soft is clearly intent on saving it. A number paigns in this country. We must send a money. The FEC’s definition narrows of Commissioners have made no secret clear message that we meant what we that provision. As the Commission’s of their dislike for the policy choices said when we passed campaign finance General Counsel said, ‘‘it doesn’t take made by Congress in enacting the Bi- reform earlier this year. great cleverness’’ to figure out ways to partisan Campaign Reform Act. They No unelected body can be permitted request a donation without formally are entitled to their opinions about the to rewrite the law. No group of ap- asking for one. The bank on Federal of- merits of the law. But they are not en- pointed officials can be permitted to ficeholders raising soft money is plain- titled to substitute their opinions for punch loopholes in a law before the ink ly compromised by this narrow defini- the judgment of Congress. This pattern is even dry on the President’s signa- tion. It is contrary to the clear intent of statutory distortion and contradic- ture. The role of the FEC is to imple- of the Act. tion of legislative intent—always with ment and enforce the laws that Con- In our prohibition of soft money the result of reintroducing soft money gress passes, not to pass judgment on fundraising, we included a narrow ex- to the system—suggests that four Com- them and revise them according to the ception to permit federal officeholders missioners did not grasp the limits on Commissioners’ own views of the way to ‘‘attend, speak, or be a featured their authority, or care much about that campaigns should be financed in guest at’’ at a fundraiser for a State them. this country. political party committee. The idea be- With the enactment of the Bipartisan As my colleagues are aware, section hind this exception was to allow Fed- Campaign Reform Act, Congress hon- 402(c) of the new law required the FEC eral candidates to be part of such fund- ored the American people’s desire for to promulgate rules relating to Title I raisers, even if the State party was cleaner elections. Though I wish it of the new law, the ban on soft money, using the event to raise money that were not necessary, it appears that we within 90 days of enactment of the law might not be legal under federal law. must act again to ensure the public ob- on March 27, 2002. The FEC worked dili- We did not intend that Federal can- tains the full benefits of this law. A gently to meet that statutory deadline. didates should be allowed to expressly Federal Election Commission that has It published proposed rules on May 20, solicit soft money contributions at failed the public time and time again 2002, received comments from inter- such fundraisers. should not enjoy the last word on the ested parties on May 29, 2002, held pub- So what did the FEC do with this ex- health of our democracy. So I urge sup- lic hearings on June 4 and June 5, 2002, ception? In the words of one Commis- port for this resolution—to reclaim for and completed work on the rules them- sioner, it created a ‘‘rules free zone’’ at Congress its role as the author of our selves on June 25, 2002. Incidentally, these events. Absolutely nothing is Nation’s laws; and to deliver the full Senator MCCAIN and I and Representa- now out of bounds at any event deemed

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10129 to be a State party fundraiser, mem- that we identify in this debate will be opportunity of women. The progress we bers of Congress can not only attend permitted under the CRA because they as a Nation have made in 30 years has and speak at a fundraiser, they can in- will not be ‘‘substantially the same’’ as been remarkable, and we have Patsy dividually solicit corporate CEOs in at- the regulations that we disapprove and a few of her visionary colleagues to tendance, they might even be able to with this resolution. The CRA would thank for the equal opportunities our make phone calls to other donors from give the FEC a full year from the date children enjoy today. In 1970, the U.S. such fundraisers. Anyone who would of enactment of the disapproval resolu- House of Representatives Committee have suggested on this floor that the tion to repromulgate the rules. But we on Education and Labor held the first intent of the narrow exception in the expect that the FEC will act expedi- Congressional hearings on sex discrimi- bill was to create a ‘‘rules free zone’’ tiously in response to a clear message nation in education. At those hearings, would have been laughed out of town. from Congress that these rules are un- Patsy made the following statement, But that is exactly what the FEC did. satisfactory. Indeed, the regulated ‘‘Discrimination against women in edu- The FEC also laid the groundwork community will demand quick action, cation is one of the most insidious for the national parties to transfer because it will want the guidance that forms of prejudice extant in our nation. their soft money operations to other regulations provide. Otherwise, it will Few people realize the extent to which entities before the law takes effect. be required to abide by a statute with- our society is denied full use of our This was clearly not permitted by the out the more specific guidance pro- human resources because of this type law we passed. The soft money ban ap- vided by regulations. of discrimination. Most large colleges plies not only to the parties but to any We take no pleasure in having to fol- and universities in the United States entity ‘‘directly or indirectly estab- low this course. But we worked for routinely impose quotas by sex on the lished, financed, maintained, or con- seven years to pass this reform for the admission of students. Fewer women trolled’’ by the party or any party offi- American people. Sixty Senators voted are admitted than men, and those few cial. The idea here, as you can tell by in favor of the bill when it finally women allowed to pursue higher edu- the broad language was to make sure passed the Senate on March 20, 2002. We cation must have attained exceptional that ban was difficult to evade. cannot turn our backs on the extra- intellectual standing to win admis- The FEC went right to work on this legal action of the FEC. We must act to sion.’’ She went on to state, ‘‘Our na- language. It determined that any ac- protect the reform that so many fought tion can no longer afford this system tion taken before the bill becomes ef- so hard for so long to enact. which demoralizes and demeans half of fective cannot be considered in decid- When we passed the McCain-Feingold the population and deprives them of ing whether an entity is established, fi- bill in March, I indicated that we the means to participate fully in our nanced, maintained, or controlled by would continue to work for reform and society as equal citizens. Lacking the the parties. Under this regulation, the to make sure that the new law was contribution which women are capable parties can create shell entities this properly implemented. I really did not of making to human betterment, our year, provide seed money and staff and expect to be back on the floor so soon. nation is the loser so long as this dis- donor lists for them, and inform all But I make no apologies for it. The crimination is allowed to continue.’’ their soft money donors that this new FEC’s rules cannot stand. I ask for my In April, 1972, Congresswoman Mink entity is their favored recipient for soft colleagues support for this disapproval introduced the Women’s Education Act money after the election. But under resolution. of 1972. On the day of introduction, on the FEC’s rules, none of those facts can the floor of the other body, she said, ‘‘We need the input of every individual even be considered in deciding whether By Mr. AKAKA (for himself, Mr. this entity is ‘‘established’’ by the to continue the progress we enjoy. All INOUYE, Mr. KENNEDY, Mr. REED, party, and therefore subject to the ban persons, regardless of their sex, must Ms. MIKULSKI, Mr. WELLSTONE, Mr. on raising and spending soft money. have enough opportunities open so that JEFFORDS, Mr. EDWARDS, Mr. BINGA- This is a strained reading of the law, they can contribute as much to their MAN, Mr. DODD, Mrs. CLINTON, Mr. to say the least. One Commissioner lives and this society as they can.’’ She LIEBERMAN, Mr. KERRY, Mr. said with respect to the actions of the further noted that, ‘‘it is essential to TORRICELLI, and Mrs. BOXER): FEC’s majority on these rules: ‘‘You the existence of our country that sin- have so tortured this law, it’s beyond S.J. Res. 49. A joint resolution recog- cere and realistic attention to there re- silly.’’ This is clearly a prime example. nizing the contributions of Pasty alignment of our attitudes and edu- How can an entity such as the one I de- Takemoto Mink; to the Committee on cational priorities be made. I suggest scribed not be considered to have been Health, Education, Labor, and Pen- that education is the first place to ‘‘established’’ by the party? Yet that sions. start in a reexamination of our na- will be the result of the Mr. AKAKA. Mr. President, I rise to tional goals.’’ ‘‘grandfathering’’ that the FEC in- introduce a resolution passed last On June 23, 1972, Congresswoman cluded in the regulations, a provision night in the other body, along with my Mink, working with Congresswoman that is nowhere reflected in the law colleagues Senators INOUYE, KENNEDY, Edith Green of Oregon and others on itself, and that was simply made up by and others, which continues our trib- the then Education and Labor Com- the FEC out of whole cloth. ute to Congresswoman Pasty mittee, saw their efforts on an impor- There are many other examples of Takemoto Mink in the wake of her un- tant education package come top fru- torturing this law, and we will detail timely passing on September 28, 2002. ition as the Education Amendments of all of them when we consider the reso- The resolution honors a remarkable 1972 were signed into law. Title IX was lution. I think it is clear that these woman and her accomplishments for included in that package. Final regula- problems go to the heart of the soft equal opportunity and education by re- tions for Title IX were issued on June money ban. They are not just quibbles. naming after her a provision in law 4, 1975. On June 17, 1997, President Clin- They undermine the central provisions commonly known as Title IX that con- ton announced that he issued an execu- of the new law. That is why we are sists of few words but has had incom- tive memo directing all appropriate seeking to invoke the Congressional prehensible and tremendous positive federal agencies to review their Title Review Act. Some may call that a dra- impact on the lives of countless num- IX obligation and report their findings conian step because the CRA requires bers of girls and women in our country. within 90 days to the Attorney General. us to overturn the entire regulation. With our combined action, Title IX of In all, although the reach of Title IX But in our view, such action is appro- the Education Amendments of 1972 will has been felt the most in the athletics priate. No rules are better than rules now be known as the Pasty Takemoto arena, the landmark statutes about that create huge loopholes from the Mink Equal Opportunity in Education gender roles in our society and helped very start. Act. to correct inequalities in areas such as Furthermore, it is our view that the As we honor our colleague, we can educational attainment by women, ed- FEC would remain under an obligation also recount some of the milestones in ucator pay, and the wide range of ex- to promulgate new rules and that new the 30-year history of Title IX and the tracurricular activities enjoyed by fe- rules that address the shortcomings efforts to establish standards of equal male students of all ages. Much of this

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10130 CONGRESSIONAL RECORD — SENATE October 8, 2002 would not have been possible, were it STATEMENTS ON SUBMITTED region through collaboration and training. not for the immense vision and deter- RESOLUTIONS Rather than signing boycotts, which will mination of Patsy Mink. achieve nothing, researchers worldwide can Last Friday, I attended a most fit- help the peace process concretely by actively ting and moving memorial service for SENATE RESOLUTION 336—URGING initiating more. . . collaborations and en- couraging their institutions to do the Patsy in Honolulu, Hawaii. I joined the THE INTERNATIONAL COMMU- NITY TO REJECT A BOYCOTT OF same.’’; senior Senator from Hawaii and many Whereas foreign-funded research projects dignitaries from the other body, as well ISRAELI ACADEMIC AND CUL- intended to foster cooperation between as many of Hawaii’s other distin- TURAL INSTITUTIONS Israelis, Palestinians, and Arab academics in guished elected officials and thousands Mr. CORZINE submitted the fol- various disciplines including water resource of Hawaii residents, in attendance to lowing resolution; which was referred management, desalinization, and cancer pay tribute to Patsy Mink. Among the to the Committee on Foreign Rela- treatment, have continued despite current eloquent speakers, University of Ha- tions. events; Whereas a campaign is underway by ele- Whereas Article 19, section 2, of the United waii Assistant Athletics Director Nations Covenant on Civil and Political Marilyn Moniz-Kahoohanohano called ments of the international academic commu- nity to limit cultural and scientific collabo- Rights states that, ‘‘Everyone shall have the herself, ‘‘a living example of Mrs. ration between foreign universities and aca- right to. . . receive and impart information Mink’s vision of quality for women.’’ demics and their counterparts in Israel; and ideas of all kinds, regardless of frontiers, Marilyn recounted how she had just Whereas a number of European academics either orally, in writing or in print, in the graduated from high school after the have signed petitions calling upon the na- form of art, or through any other media of passage of Title IX, and the University tional governments of Europe, the European his choice’’; of Hawaii formed the Rainbow Wahine Union, and the European Science Foundation Whereas any attempts to stifle intellectual to sever contacts with Israeli academics, as freedom through the imposition of an aca- athletic teams. She recalled, with joy, demic boycott is counterproductive since re- how she and her team placed second for well as issue a moratorium on grants to Israeli research centers and cultural institu- search and academic exchange provide an es- the national volleyball title and took tions; sential bridge between otherwise discon- pictures with Patsy on the steps of the Whereas the Association of University nected cultures and countries; and Capitol. Marilyn’s powerful words on Teachers and NATFHE, unions that rep- Whereas stifling scientific and cultural ex- Friday range true for many female ath- resent professors and researchers employed change would limit the substantial contribu- letes in Hawaii and around the coun- by research centers and universities in the tions the international academic community try, as she said, ‘‘Because of you, we United Kingdom, have passed resolutions makes to humanity: Now, therefore, be it supporting academic boycotts of Israel; Resolved, That it is the sense of the Senate can play the game.’’ that— I urge the Senate to act quickly on Whereas several institutions of higher edu- cation, such as the University of Lille in (1) the international scholarly community, this resolution to honor the France, have refused to cooperate with the European Union, and individual govern- groundbreaking efforts of Congress- Israeli Universities; ments, should reject, or continue to reject, woman Patsy Takemoto Mink on be- Whereas invitations requesting Israeli re- calls for an academic boycott of Israel and half of countless girls and women of searchers to address academic assemblies reaffirm their commitment to academic free- America. Mr. President, I ask unani- have been rescinded because of anti-Israel dom and cultural and scientific inter- mous consent that the text of the joint sentiment; national exchange; (2) the worldwide educational establish- resolution be printed in the RECORD. Whereas Israeli scholars, including Gideon Toury and Miriam Shlesinger, have been dis- ment should reverse actions taken to impede There being no objection, the joint academic collaboration and free intellectual resolution was ordered to be printed in missed from their positions on the editorial boards of academic journals solely because of expression with Israeli intellectuals and in- the RECORD, as follows: their affiliation with Israeli institutions; stitutions; and S.J. RES. 49 Whereas because of its location in Israel, (3) the United States and the American Whereas Patsy Takemoto Mink was one of the Goldyne Savad Institute in Jerusalem scholarly community should continue to ac- the Nation’s leading voices for women’s was denied scientific materials needed to de- tively support efforts to increase academic rights, civil rights, and working families and velop effective treatments for anemic Pales- cooperation and encourage cultural and sci- was devoted to raising living standards and tinian children by a Norwegian school of vet- entific exchange between the United States providing economic and educational oppor- erinary medicine; and Israel. tunity to all Americans; Whereas a campaign to limit academic ties Mr. CORZINE. Mr. President, I rise Whereas Patsy Takemoto Mink was a pas- between the United States and Israel is today to submit a resolution calling on sionate and persistent fighter against eco- emerging, as demonstrated by a petition the world community to reject, or con- nomic and social injustices in Hawaii and calling for an American academic boycott of across the Nation; Israel circulated by Mazin Qumsiyeh, a Yale tinue to reject, calls for an academic Whereas Patsy Takemoto Mink was one of University professor; boycott of Israel and reaffirm its com- the first women of color to win national of- Whereas counter campaigns to oppose an mitment to academic freedom and cul- fice in 1964 and opened doors of opportunity academic boycott of Israel have gathered tural and scientific exchange. This leg- to millions of women and people of color significant support in several countries, in- islation also calls on the international across the Nation; cluding France, Poland, the United Kingdom, educational establishment to reverse Whereas Patsy Takemoto Mink had un- Germany, Australia, and the United States; any actions it has taken in support of precedented legislative accomplishments on Whereas Philippe Busquin, the Commis- an academic boycott of Israel, and on issues affecting women’s health, children, sioner for Research for the European Union, students, and working families; and issued a statement on April 23, 2002, main- the U.S. to support efforts to increase Whereas Patsy Takemoto Mink’s heroic, taining that ‘‘the European Commission is academic cooperation and encourage visionary, and tireless leadership to win the not in favour of a policy of sanctions against cultural and scientific exchange be- landmark passage of title IX of the Edu- the parties to the conflict but rather advo- tween the United States and Israel cation Amendments of 1972 opened doors to cates a continuous dialogue with them which In recent months I have been trou- women’s academic and athletic achieve- is the best way to bring them back to nego- bled by reports that a movement is ments and redefined what is possible for a tiations’’; brewing to limit contact between Euro- generation of women and for future genera- Whereas an open letter written by Paul pean Governments, institutions, and tions of the Nation’s daughters: Now, there- Scham and Eva Illouz, academics associated fore, be it with Hebrew University in Jerusalem, as- academics, with their counterparts in Resolved by the Senate and House of Rep- serts that ‘‘the call to boycott Israeli aca- Israel. Petition drives are underway in resentatives of the United States of America in demics shows unpardonable ignorance of the Europe and elsewhere to encourage de- Congress assembled, role played by scientists, intellectuals, and cision-makers and scholars to academi- SECTION 1. PATSY TAKEMOTO MINK EQUAL OP- artists in challenging the political consensus cally isolate Israel as a way of express- PORTUNITY IN EDUCATION ACT. and in creating the public debate that rages ing dissatisfaction with Israeli policies Title IX of the Education Amendments of in Israel at all times, including now’’; regarding the Palestinian population. 1972 (20 U.S.C. 1681 et seq.) is amended by Whereas an editorial in the May 2, 2002, Campaigns in support of an academic adding at the end the following: issue of the respected British scientific jour- ‘‘SEC. 910. SHORT TITLE. nal Nature states that, ‘‘Israel is a research boycott are as counterproductive as ‘‘This title may be cited as the ‘Patsy powerhouse that, given an eventual improve- they are unjustified. They breed intol- Takemoto Mink Equal Opportunity in Edu- ment of relations with its neighbors, could erance, disrupt important scientific in- cation Act’.’’. rejuvenate science and development in the quiries, and undermine efforts towards

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10131 peace. Yet groups ranging from the As- with its neighbors, could rejuvenate LES) proposed an amendment to the sociation of University Teachers, a science and development in the region joint resolution S.J. Res. 45, to author- labor union in England, to the Univer- through collaboration and training. ize the use of United States Armed sity of Lille in France have made the Rather than signing boycotts, which Forces against Iraq; as follows: unfortunate decision to allow their will achieve nothing, researchers Strike all after the resolving clause and in- misguided political beliefs to disrupt worldwide can help the peace process sert the following: constructive academic collaboration concretely by actively initiating more SECTION 1. SHORT TITLE. with colleagues in Israel. . . . collaborations and encouraging This joint resolution may be cited as the As you may be aware, in June of this their institutions to do the same.’’ ‘‘Authorization for the Use of Military Force year, two Israeli scholars were dis- The European Union has already Against Iraq’’. missed from the boards of translation made it clear that an academic boycott SEC. 2. SUPPORT FOR UNITED STATES DIPLO- journals based in Manchester, England. is unhelpful at best and counter- MATIC EFFORTS. No one asserts that these two fine aca- The Congress of the United States supports productive at worst. Philippe Busquin, the efforts by the President to— demics were dismissed for incom- the Commissioner for Research for the (1) strictly enforce through the United Na- petence or for poor scholarship. No one European Union, explained in an open tions Security Council all relevant Security argues that the remarks or actions of letter that sanctions against Israeli Council resolutions applicable to Iraq and these intellectuals reflected poorly on academic institutions would under- encourages him in those efforts; and their institutions or on these publica- mine efforts to create a constructive (2) obtain prompt and decisive action by tions. No one even claims that they dialogue. In that letter, Busquin appro- the Security Council to ensure that Iraq were dismissed for their political priately emphasized the role that Euro- abandons its strategy of delay, evasion and views. They clearly were not. Rather, noncompliance and promptly and strictly pean, Israeli and Palestinian institu- complies with all relevant Security Council they were dismissed simply because of tions and scientists play in ‘‘addressing resolutions. their nationality. They both are Israeli critical regional issues such as agri- SEC. 3. AUTHORIZATION FOR USE OF UNITED citizens and carry Israeli passports. culture or water management . . . STATES ARMED FORCES. What makes their dismissal all the which, is certainly more effective than (a) AUTHORIZATION.—The President is au- more ridiculous is that one of the aca- many well-intentioned words without thorized to use the Armed Forces of the demics discharged is Miriam Schles- any concrete impact.’’ United States as he determines to be nec- inger, an Israeli human rights activist Sharing ideas and learning about an- essary and appropriate in order to— who has been a consistent voice of dis- other culture leads to greater tolerance (1) defend the national security of the sent within Israeli society. As the United States against the continuing threat and understanding, while severing in- posed by Iraq; and former chair of Israel’s chapter of Am- tellectual and cultural ties only breeds (2) enforce all relevant United Nations Se- nesty International, Professor Schles- ignorance and stultification. This sen- curity Council Resolutions regarding Iraq. inger has been highly critical of some ate must send a message that an aca- (b) PRESIDENTIAL DETERMINATION.—In con- of the Israeli policies that the boycott demic boycott of Israel is not a cata- nection with the exercise of the authority is also seeking to reverse. The case of lyst for peace, but rather an unwar- granted in subsection (a) to use force the Miriam Schlesinger highlights an im- ranted impediment to progress in the President shall, prior to such exercise or as soon there after as may be feasible, but not portant fact seemingly overlooked by region. Because cultural understanding proponents of the boycott: in free soci- later than 48 hours after exercising such au- and scientific advancement improve thority, make available to the Speaker of eties, like Israel, academics often pro- the human condition, the US should the House of Representatives and the Presi- vide a range of viewpoints, many of seek to encourage cultural and sci- dent pro tempore of the Senate his deter- which will differ from official govern- entific exchange between our country mination that— ment policy. and our strongest ally in the Middle (1) reliance by the United States on further In addition to working against peace East, Israel. diplomatic or other peaceful means alone ei- and cultural understanding, an aca- I urge my colleagues to support this ther (A) will not adequately protect the na- demic boycott will stifle meaningful resolution, and I yield the floor. tional security of the United States against scientific advancements. Despite the the continuing threat posed by Iraq or (B) is f nascent quality of the campaign not likely to lead to enforcement of all rel- evant United Nations Security Council reso- against academic exchange with Israel, AMENDMENTS SUBMITTED AND PROPOSED lutions regarding Iraq; and the announced boycott has already (2) acting pursuant to this resolution is confounded research projects intended SA 4856. Mr. LIEBERMAN (for himself, Mr. consistent with the United States and other to foster cooperation between Israelis WARNER, Mr. BAYH, Mr. MCCAIN, Ms. LAN- countries continuing to take the necessary and Palestinians in many important DRIEU, Mr. MCCONNELL, Mr. MILLER, Mr. actions against international terrorists and areas, including water resource man- DOMENICI, Mr. EDWARDS, Mr. HUTCHINSON, terrorist organizations, including those na- agement and cancer treatment. Mr. JOHNSON, Mr. ALLARD, Mr. BAUCUS, Mr. tions, organizations or persons who planned, In fact, in one particularly shocking HELMS, Mr. BUNNING, Mr. LOTT, Mr. SHELBY, authorized, committed or aided the terror- Mr. THOMPSON, and Mr. NICKLES) proposed an ists attacks that occurred on September 11, example, a Norwegian veterinary amendment to the joint resolution S.J. Res. 2001. school refused to provide an Israeli re- 45, to authorize the use of United States (c) WAR POWERS RESOLUTION REQUIRE- search center, Goldyne Savad Institute Armed Forces against Iraq. MENTS.— of Gene Therapy at Hadassah Medical SA 4857. Mr. GRAHAM proposed an amend- (1) SPECIFIC STATUTORY AUTHORIZATION.— Center, with material it needed to con- ment to amendment SA 4856 proposed by Mr. Consistent with section 8(a)(1) of the War duct an important medical study. This LIEBERMAN (for himself, Mr. WARNER, Mr. Powers Resolution, the Congress declares thoughtless bureaucratic decision dis- BAYH, Mr. MCCAIN, Ms. LANDRIEU, Mr. that this section is intended to constitute rupted research intended to develop MCCONNELL, Mr. MILLER, Mr. DOMENICI, Mr. specific statutory authorization within the EDWARDS, Mr. HUTCHINSON, Mr. JOHNSON,, meaning of section 5(b) of the War Powers new therapies for treating anemic Pal- Mr. ALLARD, Mr. BAUCUS, Mr. HELMS, Mr. Resolution. estinian children. BUNNING, Mr. LOTT, Mr. SHELBY, Mr. THOMP- (2) APPLICABILITY OF OTHER REQUIRE- By passing this resolution, the Sen- SON, and Mr. NICKLES) to the joint resolution MENTS.—Nothing in this resolution super- ate will join a growing chorus of insti- S.J. Res. 45, supra. sedes any requirement of the War Powers tutions and publications that have con- f Resolution. demned the practice of restricting aca- SEC. 4. REPORTS TO CONGRESS. demic exchange with Israeli and aca- TEXT OF AMENDMENTS (a) The President shall, at least once every demics and institutions. For example, SA 4856. Mr. LIEBERMAN (for him- 60 days, submit to the Congress a report on an editorial in the well-respected Brit- self, Mr. WARNER, Mr. BAYH, Mr. matters relevant to this joint resolution, in- ish scientific journal Nature, argues MCCAIN, Ms. LANDRIEU, Mr. MCCON- cluding actions taken pursuant to the exer- cise of authority granted in section 3 and the that an academic boycott of Israel will NELL, Mr. MILLER, Mr. DOMENICI, Mr. status of planning for efforts that are ex- undermine regional progress. The arti- EDWARDS, Mr. HUTCHINSON, Mr. JOHN- pected to be required after such actions are cle explains, and I quote, ‘‘Israel is a SON, Mr. ALLARD, Mr. BAUCUS, Mr. completed, including those actions described research powerhouse that, given an HELMS, Mr. BUNNING, Mr. LOTT, Mr. in section 7 of Public Law 105–338 (the Iraq eventual improvement of relations SHELBY, Mr. THOMPSON, and Mr. NICK- Liberation Act of 1998).

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10132 CONGRESSIONAL RECORD — SENATE October 8, 2002 (b) To the extent that the submission of tional security of the United States against The PRESIDING OFFICER. Without any report described in subsection (a) coin- the continuing threat posed by Iraq, or (B) is objection, it is so ordered. cides with the submission of any other re- not likely to lead to enforcement of all rel- COMMITTEE ON BANKING, HOUSING, AND URBAN port on matters relevant to this joint resolu- evant United Nations Security Council reso- AFFAIRS tion otherwise required to be submitted to lutions regarding Iraq; and Congress pursuant to the reporting require- (2) acting pursuant to this resolution is Mr. LIEBERMAN. Mr. President, I ments of Public Law 93–148 (the War Powers consistent with the United States and other ask unanimous consent that the Com- Resolution), all such reports may be sub- countries continuing to take the necessary mittee on Banking, Housing, and mitted as a single consolidated report to the actions against international terrorists and Urban Affairs be authorized to meet Congress. terrorist organizations, including those na- during the session of the Senate on (c) To the extent that this information re- tions, organizations or persons who planned, Tuesday, October 8, 2002, immediately quired by section 3 of Public Law 102–1 is in- authorized, committed or aided the terror- following the party luncheons, to con- cluded in the report required by this section, ists attacks that occurred on September 11, duct a mark-up on the nominations of such report shall be considered as meeting 2001. the requirements of section 3 of Public Law (c) WAR POWERS RESOLUTION REQUIRE- Mr. Alberto Faustino Trevino, of Cali- 102–1. MENTS.— fornia, to be Assistant Secretary of (1) SPECIFIC STATUTORY AUTHORIZATION.— Housing and Urban Development for SA 4857. Mr. GRAHAM proposed an Consistent with section 8(a)(1) of the War Policy Development and Research; Mr. amendment to amendment SA 4856 pro- Powers Resolution, the Congress declares Armando J. Bucelo, Jr., of Florida, to posed by Mr. LIEBERMAN (for himself, that this section is intended to constitute be a director of the Securities Investor specific statutory authorization within the Mr. WARNER, Mr. BAYH, Mr. MCCAIN, Protection Corporation; Ms. Carolyn Y. meaning of section 5(b) of the War Powers Ms. LANDRIEU, Mr. MCCONNELL, Mr. Resolution. Peoples, of Maryland, to be Assistant MILLER, Mr. DOMENICI, Mr. EDWARDS, (2) APPLICABILITY OF OTHER REQUIRE- Secretary of Housing and Urban Devel- Mr. HUTCHINSON, Mr. JOHNSON, Mr. MENTS.—Nothing in this resolution super- opment for Fair Housing and Equal Op- ALLARD, Mr. BAUCUS, Mr. HELMS, Mr. sedes any requirement of the War Powers portunity; Ms. Deborah Doyle BUNNING, Mr. LOTT, Mr. SHELBY, Mr. Resolution. McWhinney, of California, to be a di- THOMPSON, and Mr. NICKLES) to the SEC. 4. REPORTS TO CONGRESS. rector of the Securities Investor Pro- joint resolution S.J. Res. 45, to author- (a) The President shall, at least once every tection Corporation; Mr. John M. ize the use of United States Armed 60 days, submit to the Congress a report on Reich, of Virginia, to be Vice Chair- Forces against Iraq; as follows: matters relevant to this joint resolution, in- person of the Board of directors of the cluding actions taken pursuant to the exer- In lieu of the matter proposed to be in- cise of authority granted in section 3 and the Federal Deposit Insurance Corporation; serted by the amendment, insert the fol- status of planning for efforts that are ex- Mr. Rafael Cueller, of New Jersey, to lowing: pected to be required after such actions are be a member of the board of directors SECTION 1. SHORT TITLE. completed, including those actions described of the National Consumer Cooperative This joint resolution may be cited as the in section 7 of Public Law 105–338 (the Iraq Bank; Mr. Michael Scott, of North ‘‘Authorization for the Use of Military Force Liberation Act of 1998). Carolina, to be a member of the board Against Iraq and International Terrorists (b) To the extent that the submission of of directors of the National Consumer Resolution’’. any report described in subsection (a) coin- Cooperative Bank; and Mr. Philip Mer- SEC. 2. SUPPORT FOR UNITED STATES DIPLO- cides with the submission of any other re- MATIC EFFORTS. port on matters relevant to this joint resolu- rill, of Maryland, to be President of the The Congress of the United States supports tion otherwise required to be submitted to Export-Import Bank of the United the efforts by the President to— Congress pursuant to the reporting require- States. (1) strictly enforce through the United Na- ments of Public Law 93–148 (the War Powers The PRESIDING OFFICER. Without tions Security Council all relevant Security Resolution), all such reports may be sub- objection, it is so ordered. Council resolutions applicable to Iraq and mitted as a single consolidated report to the COMMITTEE ON ENVIRONMENT AND PUBLIC encourages him in those efforts; and Congress. WORKS (2) obtain prompt and decisive action by (c) To the extent that this information re- quired by section 3 of Public Law 102–1 is in- Mr. LIEBERMAN. Mr. President, I the Security Council to ensure that Iraq ask unanimous consent that the Com- abandons its strategy of delay, evasion, and cluded in the report required by this section, noncompliance and promptly and strictly such report shall be considered as meeting mittee on Environment and Public complies with all relevant Security Council the requirements of section 3 of Public Law Works be authorized to meet on Tues- resolutions. 102–1. day, October 8, 2002, at 9:30 a.m. to con- SEC. 3. AUTHORIZATION FOR USE OF UNITED f duct an oversight hearing entitled, STATES ARMED FORCES. ‘‘The Clean Water Act—Then and Now’’ NOTICES OF HEARINGS/MEETINGS (a) AUTHORIZATION.—The President is au- to commemorate the 30th anniversary thorized to use the Armed Forces of the COMMITTEE ON INDIAN AFFAIRS of the Clean Water Act. United States as he determines to be nec- Mr. INOUYE. Mr. President, I would The hearing will be held in SD–406. essary and appropriate in order to— like to announce that the Committee The PRESIDING OFFICER. Without (1) defend the national security of the on Indian Affairs will meet on Wednes- objection, it is so ordered United States against the continuing threat posed by Iraq; day, October 9, 2002, at 10 a.m. in Room COMMITTEE ON FOREIGN RELATIONS (2) enforce all relevant United Nations Se- 485 of the Russell Senate Office Build- Mr. LIEBERMAN. Mr. President, I curity Council Resolutions regarding Iraq; ing to conduct a Hearing on S. 2694, the ask unanimous consent that the Com- and Thomasina E. Jordan Indian Tribes of mittee on Foreign Relations be author- (3) defend the national security of the Virginia Federal Recognition Act of ized to meet during the session of the United States against the threat posed by 2002. Senate on Tuesday, October 8, 2002 at the following terrorist organizations: Those wishing additional information (A) The Abu Nidal Organization. 2:15 p.m. to hold a Business Meeting. may contact the Indian Affairs Com- AGENDA (B) HAMAS. mittee at 224–2251. (C) Hizballah. Treaties (D) Palestine Islamic Jihad. f 1. Treaty Doc. 107–13; Treaty Between the (E) Palestine Liberation Front. AUTHORITY FOR COMMITTEES TO Government of the United States of America (b) PRESIDENTIAL DETERMINATION.—In con- MEET and the Government of Belize on Mutual nection with the exercise of the authority Legal Assistance in Criminal Matters. granted in paragraph (1) or (2) of subsection COMMITTEE ON BANKING, HOUSING, AND URBAN 2. Treaty Doc. 107–9; Treaty between the (a) to use force, the President shall, prior to AFFAIRS Government of the United States of America such exercise or as soon there after as may Mr. LIEBERMAN. Mr. President, I and the Government of Ireland on Mutual be feasible, but not later than 48 hours after ask unanimous consent that the com- Legal Assistance in Criminal Matters. exercising such authority, make available to mittee on banking, housing, and urban 3. Treaty Doc. 107–3; Treaty Between the the Speaker of the House of Representatives affairs be authorized to meet during Government of the Republic of India on Mu- and the President pro tempore of the Senate tual Legal Assistance in Criminal Matters. his determination that— the session of the Senate on Tuesday, 4. Treaty Doc. 107–16; Treaty Between the (1) reliance by the United States on further October 8, 2002, at 10 a.m. to conduct an Government of the United States of America diplomatic or other peaceful means alone ei- oversight hearing on ‘‘Perspectives on and the Principality of Liechtenstein on Mu- ther (A) will not adequately protect the na- America’s Transit Needs.’’ tual Legal Assistance in Criminal Matters.

VerDate Mar 15 2010 20:22 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2002SENATE\S08OC2.REC S08OC2 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 8, 2002 CONGRESSIONAL RECORD — SENATE S10133 5. Treaty Doc. 107–6; Extradition Treaty The PRESIDING OFFICER Without Pika from my staff be granted floor Between the United States of America and objection, it is so ordered. privileges. the Republic of Peru. COMMITTEE ON GOVERNMENTAL AFFAIRS The ACTING PRESIDENT pro tem- 6. Treaty Doc. 107–4; Extradition Treaty Between the Government of the United Mr. LIEBERMAN. Mr. President, I pore. Without objection, it is so or- States of America and the Government of ask unanimous consent that the Com- dered. the Republic of Lithuania. mittee on Government Affairs be au- f 7. Treaty Doc. 107–11; Second Protocol thorized to meet on Tuesday, October Amending Treaty on Extradition Between 8, 2002 at 9 a.m. to consider the nomi- ORDER OF BUSINESS the Government of the United States of nations of Ruth Goldway and Tony Mr. REID. Mr. President, we have America and the Government of Canada, as Hammond to be Commissioners at the amended. some more business tonight, and we 8. Treaty Doc. 107–15; Treaty between the Postal Rate Commission. will get to that very shortly. In the Government of the United States of America The PRESIDING OFFICER. Without meantime, I suggest the absence of a and the Government of the Republic of Hon- objection, it is so ordered. quorum. duras for the Return of Stolen, Robbed, or COMMITTEE ON THE JUDICIARY The ACTING PRESIDENT pro tem- Embezzled Vehicles and Aircraft, with An- Mr. LIEBERMAN. Mr. President, I pore. The clerk will call the roll. nexes and a related exchange of notes. ask unanimous consent that the Com- The legislative clerk proceeded to Legislation mittee on the Judiciary be authorized call the roll. 9. S. 3032; A bill to amend the Microenter- to meet to conduct a hearing on ‘‘The prise for Self-Reliance Act of 2000 and the Mr. REID. Mr. President, I ask unan- Feres Doctrine; an Examination of this imous consent that the order for the Foreign Assistance Act of 1961 to increase as- Military Exception to the Federal Tort sistance for the poorest people in developing quorum call be rescinded. countries under microenterprise assistance Claims Act’’ on Tuesday, October 8, The ACTING PRESIDENT pro tem- programs under those Acts, and for other 2002 in Dirksen Room 226 at 2 p.m. pore. Without objection, it is so or- purposes. dered. 10. S. 2667; A bill to amend the Peace Corps Witness List Act to promote global acceptance of the Panel I: Paul Harris, Deputy Asso- f principles of international peace and non- ciate Attorney General, United States violent coexistence among peoples of diverse ORDERS FOR WEDNESDAY, Department of Justice, Washington, OCTOBER 9, 2002 cultures and systems of government, and for DC, and Christopher Weaver, Rear Ad- other purposes, with an amendment in the miral and Commandant, United States Mr. REID. Mr. President, I ask unan- nature of a substitute. imous consent that when the Senate 11. H.R. 3656; An act to amend the Inter- Navy, Washington, DC. national Organizations Immunities Act to Panel II: John Altenberg, Major Gen- completes its business today, it stand provide for the applicability of that Act to eral, Retired and Assistant Judge Ad- in adjournment until 9:30 a.m., Wednes- the European Central Bank. vocate General, United States Army, day, October 9; that following the pray- Nominations Washington, DC; Eugene Fidell, Coun- er and pledge, the morning hour be 12. Mr. Joaquin F. Blaya, of Florida, to be sel, Feldesman, Tucker, Leifer, & deemed expired, the Journal of pro- a Member of the Broadcasting Board of Gov- Bank, LLP, Washington, DC; Daniel ceedings be approved to date, the time ernors for a term expiring August 13, 2002. Joseph, Counsel, Akin, Gump, Strauss, for the two leaders be reserved for their 13. The Honorable Wendy Chamberlin, of Hauer & Feld, LLP, Washington, DC; use later in the day, and there be a pe- Virginia, to be Assistant Administrator of Bonnie O’Neill, Kingston, PA; Nolan riod of morning business until 11 a.m., the Agency for International Development for Asia and the Near East. Sklute, Major General, Retired and with Senators permitted to speak for 14. Mr. Gene B. Christy, of Texas, to be Judge Advocate General, United States up to 10 minutes each, with the first Ambassador to Brunei Darussalam. Air Force, North Bethesda, MD; and half of the time under the control of 15. Mr. Seth Cropsey, of the District of Co- Richard A. Sprague, Counsel, Sprague the Democratic leader or his designee, lumbia, to be Director of the International & Sprague, Philadelphia, PA. and the second half of the time under Broadcasting Bureau, Broadcasting Board of The PRESIDING OFFICER. Without the control of the Republican leader or Governors. 16. Mr. John R. Dawson, of the District of objection, it is so ordered. his designee; that at 11 a.m., the Sen- Columbia, to be Ambassador to the Republic SELECT COMMITTEE ON INTELLIGENCE ate resume consideration of S.J. Res. of Peru. Mr. LIEBERMAN. Mr. President, I 45; and that the live quorum with re- 17. Mr. Samuel Ebbesen, of the Virgin Is- ask unanimous consent that the Select spect to the cloture motion filed ear- lands, to be a Member of the Board of Direc- Committee on Intelligence be author- lier today be waived. tors of the Overseas Private Investment Cor- ized to meet during the session of the The ACTING PRESIDENT pro tem- poration. 18. Mr. Antonio O. Garza, Jr., of Texas, to Senate on Tuesday, October 8, 2002 at pore. Without objection, it is so or- be Ambassador to Mexico. 10 a.m. to hold an open hearing with dered. the House Permanent Select Com- 19. Mr. D. Jeffrey Hirschberg, of Wisconsin, f to be a Member of the Broadcasting Board of mittee on Intelligence concerning the Governors. Joint Inquiry into the events of Sep- ADJOURNMENT UNTIL 9:30 A.M. 20. Ms. Nancy Jacklin, of New York, to be tember 11, 2001. TOMORROW United States Executive Director of the The PRESIDING OFFICER. Without International Monetary Fund. Mr. REID. Mr. President, there is no 21. Mr. David L. Lyon, of California, to be objection, it is so ordered. further business to come before the Ambassador to the Republic of Fiji, and to SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT Senate I am aware of. Therefore, I ask serve concurrently and without additional MANAGEMENT RESTRUCTURING, AND THE DIS- unanimous consent the Senate stand in TRICT OF COLUMBIA compensation as Ambassador to the Republic adjournment under the previous order. of Nauru, Ambassador to the Kingdom of Mr. LIEBERMAN. Mr. President, I There being no objection, the Senate, Tonga, and Ambassador to Tuvalu. ask unanimous consent the Committee at 7:25 p.m., adjourned until Wednes- 22. Mrs. Diane Ruebling, of Utah, to be a on Governmental Affairs Sub- Member of the Board of Directors of the day, October 9, 2002, at 9:30 a.m. overseas Private Investment Corporation. committee on Oversight of Government 23. Mr. Ned Siegel, of Florida, to be a Mem- Management, Restructuring, and the f ber of the Board of Directors of the Overseas District of Columbia be authorized to NOMINATIONS Private Investment Corporation. meet on Tuesday, October 8, 2002 at 10 24. Mr. Steven J. Simmons, of Connecticut, a.m. for a hearing entitled ‘‘Dietary Executive nominations received by to be Member of the Broadcasting Board of Supplements: Who is Protecting Amer- the Senate October 8, 2002: Governors. FOREIGN SERVICE 25. Mr. C. William Swank, of Ohio, to be a ican Consumers?’’ Member of the Board of Directors of the The PRESIDING OFFICER. Without THE FOLLOWING-NAMED CAREER MEMBERS OF THE objection, it is so ordered. SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF Overseas Private Investment Corporation. STATE FOR PROMOTION IN THE SENIOR FOREIGN SERV- 26. Mrs. Linda E. Watt, of Florida, to be f ICE TO THE CLASSES INDICATED: Ambassador to the Republic of Panama. CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE PRIVILEGE OF THE FLOOR OF THE UNITED STATES OF AMERICA, CLASS OF CAREER ESO Promotion list MINISTER: Mrs. LINCOLN. Mr. President, I ask 27. Mr. Dean B. Wooden, et al., dated June WILLIAM JOSEPH BURNS, OF PENNSYLVANIA 21, 2002. unanimous consent that Elizabeth PRUDENCE BUSHNELL, OF VIRGINIA

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JOHN RANDLE HAMILTON, OF VIRGINIA RONALD K. MCMULLEN, OF IOWA BRIDGET ALWAY, OF IDAHO ARLENE RENDER, OF OHIO DAN MOZENA, OF IOWA DANNIELLE R. ANDREWS, OF CALIFORNIA EARL A. WAYNE, OF CALIFORNIA GERALDINE H. O’BRIEN, OF VIRGINIA DARIAN LAWRENCE ARKY, OF NEVADA JAMES A. PAIGE, OF OHIO ELIZABETH MCGEE BAILEY, OF TEXAS CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE CAROL ZELIS PEREZ, OF TEXAS NOLAN E. BARKHOUSE, OF TEXAS OF THE UNITED STATES OF AMERICA, CLASS OF MIN- JAMES D. PETTIT, OF IOWA HEIDI-HAKONE L. BARRACHINA, OF VIRGINIA ISTER-COUNSELOR: KEITH POWELL II, OF OREGON JOHN FREDERICK BENDER, OF VIRGINIA W. LEWIS AMSELEM, OF CALIFORNIA PHYLLIS MARIE POWERS, OF TEXAS GREGORY K. BERTIN, OF VIRGINIA DIANNE MCINTYRE ANDRUCH, OF ARIZONA MARGUERITA DIANNE RAGSDALE, OF VIRGINIA JOHN E. BRIGHAM, OF VIRGINIA WILLIAM D. ARMOR, OF VIRGINIA RICKY LYNN ROBERTS, OF MISSISSIPPI RACHEL L. COOKE, OF VERMONT MICHAEL DONALD BELLOWS, OF IOWA THOMAS BOLLING ROBERTSON, OF VIRGINIA C. AMANDA CRANMER, OF PENNSYLVANIA DONALD M. BISHOP, OF VIRGINIA DANIEL A. RUSSELL, OF MAINE DAVID JUDE CUMMINGS, OF COLORADO JACK A. BLAIR JR., OF VIRGINIA LARRY SCHWARTZ, OF WASHINGTON RICHARD CHRISTOPHER WHITING DAVY, OF TEXAS PETER WILLIAM BODDE, OF MARYLAND DAVID BRUCE SHEAR, OF NEW YORK PATRICIA DE LA SOTA, OF TEXAS JANET L. BOGUE, OF WASHINGTON JOHN T. SHEELY, OF VIRGINIA MELISA MARIE DOHERTY, OF THE DISTRICT OF COLUM- PAMELA E. BRIDGEWATER, OF MARYLAND DANIEL BENNETT SMITH, OF CALIFORNIA BIA JAMES L. BULLOCK, OF TEXAS DANIEL ALAN SPIKES, OF FLORIDA WILLIAM REB DOWERS, OF FLORIDA WAYNE JEFFREY BUSH, OF OREGON DERWOOD KEITH STAEBEN, OF WISCONSIN ABIGAIL L. DRESSEL, OF CONNECTICUT LAWRENCE E. BUTLER, OF MAINE GRACE CAROLYN STETTENBAUER, OF VIRGINIA STEVEN M. DYOKAS, OF ILLINOIS JAMES J. CARRAGHER, OF CALIFORNIA TEDDY B. TAYLOR, OF FLORIDA KENNETH J. EGAN, OF VIRGINIA ROBERT F. CEKUTA, OF NEW YORK ROSA E. TRAINHAM, OF ALABAMA PATRICIA ELLIS, OF PENNSYLVANIA FRANK JOHN COULTER JR., OF MARYLAND JAMES B. WARLICK JR., OF CALIFORNIA BARBARA I. ENSSLIN, OF FLORIDA PHILO L. DIBBLE, OF THE DISTRICT OF COLUMBIA MARY BURCE WARLICK, OF CALIFORNIA LISA L. FICEK, OF SOUTH DAKOTA RENEE M. EARLE, OF KENTUCKY RUFUS A. WATKINS, OF FLORIDA DAVID B. FOLEY, OF CALIFORNIA ROBERT PATRICK JOHN FINN, OF NEW YORK EDWARD J. WEHRLI, OF TEXAS ANNE MARIE GATES, OF VIRGINIA SHARON ELIZABETH GORDON, OF CALIFORNIA ROBERT W. FITTS, OF NEW HAMPSHIRE MARY JO WILLS, OF VIRGINIA MICHAEL ANDREW GRAHAM, OF MISSOURI JAMES MICHAEL GAGNON, OF VIRGINIA JOHN L. WITHERS II, OF MARYLAND KATHLEEN K. GRANDY, OF IDAHO WILLIAM G. HARRISON, OF CALIFORNIA MARCIA KIM WONG, OF VIRGINIA KRISTEN KAROL GRAUER, OF MICHIGAN KARL WILLIAM HOFMANN, OF MARYLAND MARK F. WONG, OF MARYLAND MICHAEL THOMAS GREER, OF NEW YORK KEVIN E. HONAN, OF NEW JERSEY ROBERT T. YAMATE, OF CALIFORNIA NICHOLAS CASSELL GRIFFITH III, OF ARKANSAS RAVIC ROLF HUSO, OF VIRGINIA GEORGIA J. GRUBE, OF VIRGINIA STEPHEN R. KELLY, OF NEW HAMPSHIRE CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, MARY K. GUNN, OF CALIFORNIA CORNELIS MATHIAS KEUR, OF MICHIGAN CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND MAUREEN HAGGARD, OF WASHINGTON RICHARD E. KRAMER, OF TENNESSEE SECRETARIES IN THE DIPLOMATIC SERVICE OF THE JULIANA HAMILTON-HODGES, OF TEXAS RICHARD BURDETTE LEBARON, OF VIRGINIA UNITED STATES OF AMERICA: SARAH ELIZABETH HANKINS, OF NORTH CAROLINA JEFFREY JOHN LUNSTEAD, OF PENNSYLVANIA MARY L. BOONE, OF NORTH CAROLINA STACIE RENEE HANKINS, OF NORTH CAROLINA R. NIELS MARQUARDT, OF CALIFORNIA TERRY LEE BRANSTNER, OF WYOMING MARLIN JOHN HARDINGER, OF WISCONSIN THOMAS E. MCKEEVER, OF TEXAS TIMOTHY W. BURCHFIELD SR., OF VIRGINIA KIMBERLY DANA HARRINGTON, OF NEW JERSEY ROBERT JOHN MCANNENY, OF CONNECTICUT EMILE CORNEILLE CORNEILLE JR., OF VIRGINIA ROYNDA E. HARTSFIELD-NACK, OF VIRGINIA GRETCHEN A. MCCOY, OF NEBRASKA CRAIG P. DECAMPLI, OF VIRGINIA LINDSAY N. HENDERSON, OF OREGON P. MICHAEL MCKINLEY, OF CONNECTICUT RAYMOND M. DECASTRO, OF FLORIDA NATASHA M. HENDERSON, OF PENNSYLVANIA ROGER ALLEN MEECE, OF WASHINGTON PATRICK D. DONOVAN, OF VIRGINIA DAVID ANTHONY HENRY, OF RHODE ISLAND MICHAEL W. MICHALAK, OF THE DISTRICT OF COLUMBIA PAUL W. EICKMAN, OF NEBRASKA THOMAS RICHARD HINES, OF MINNESOTA WILLIAM T. MONROE, OF CONNECTICUT JANICE J. FEDAK, OF PENNSYLVANIA DOVIE HOLLAND, OF GEORGIA JOHN R. NAY, OF TENNESSEE JOHN PATRICK GADDIS, OF TEXAS NEIL W. HOP, OF OREGON STEPHEN JAMES NOLAN, OF PENNSYLVANIA GARY M. GIBSON, OF MARYLAND LAURA PHIPPS HRUBY, OF THE DISTRICT OF COLUMBIA WILLIAM VAN RENSALIER PARKER, OF MARYLAND BARRY K. GOULD, OF WASHINGTON AMANDA L. JOHNSON, OF MONTANA MAUREEN QUINN, OF NEW JERSEY STEPHEN J. MERGENS, OF VIRGINIA DENISE LYNNETTE KNAPP, OF TEXAS RICHARD J. SCHMIERER, OF CONNECTICUT ERICK G. MORIN, OF NEW HAMPSHIRE THADDEUS L. KONTEK, OF VIRGINIA MARGARET SCOBEY, OF TENNESSEE SUSAN W. MUSSER, OF CONNECTICUT LALE KUYUMCU, OF THE DISTRICT OF COLUMBIA JOHN F. SCOTT, OF IOWA ANTHONY JOSEPH RICHARDS, OF VIRGINIA GEORGE EDWARD LEARNED, OF COLORADO JOAN VERONICA SMITH, OF THE DISTRICT OF COLUMBIA DOUGLAS J. ROSENSTEIN, OF CALIFORNIA CHERIE J. LENZEN, OF ILLINOIS WILLIAM A. STANTON, OF CALIFORNIA MICHAEL L. YOUNG, OF COLORADO JOHN A. LEWANDOWSKI, OF MISSOURI W. DAVID STRAUB, OF KENTUCKY ANNE LINNEE, OF MINNESOTA LAURIE TRACY, OF VIRGINIA THE FOLLOWING-NAMED PERSONS OF THE AGENCIES TIMOTHY EDWARD LISTON, OF VIRGINIA CAROL J. URBAN, OF THE DISTRICT OF COLUMBIA INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- CHRIS J. LONG, OF VIRGINIA MARC M. WALL, OF VIRGINIA FICERS OF THE CLASS STATED, AND ALSO FOR THE R. BRYAN MARCUS, OF ALABAMA ROBERT WEISBERG, OF NEW HAMPSHIRE OTHER APPOINTMENTS INDICATED HEREWITH: FRANCISCO MARTINEZ JR., OF VIRGINIA THOMAS J. WHITE, OF NEW YORK FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF KIRK E. MCCLAIN, OF VIRGINIA JAMES HAMMOND WILLIAMS, OF PUERTO RICO CLASS THREE, CONSULAR OFFICER AND SECRETARY IN MARK G. MCGOVERN, OF NEW JERSEY ALEJANDRO DANIEL WOLFF, OF CALIFORNIA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF BRIAN GERALD MCINERNEY, OF INDIANA DONALD YUKIO YAMAMOTO, OF NEW YORK AMERICA: LEE MCMANIS, OF CALIFORNIA SUZANNE MCPARTLAND, OF NEW YORK THE FOLLOWING-NAMED CAREER MEMBERS OF THE DEPARTMENT OF STATE GENEVE ELIZA MENSCHER, OF NEW JERSEY FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR JON CHRISTOPHER KARBER, OF ARIZONA KENNETH LEE MEYER, OF OHIO FOREIGN SERVICE, AND FOR APPOINTMENT AS CON- SALVATORE PIAZZA, OF ARIZONA DEBORAH A. MILLER, OF MINNESOTA SULAR OFFICERS AND SECRETARIES IN THE DIPLO- ALLISON MARGARET MONZ, OF CALIFORNIA MATIC SERVICE, AS INDICATED: DEPARTMENT OF COMMERCE JUDY S. MOORE, OF TEXAS CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE MARY CLARE MOORE, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- GREGORY M. WONG, OF HAWAII JOHN PAUL MOPPERT, OF FLORIDA SELOR: FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF CHARLES H. MORRILL, OF NEW HAMPSHIRE LANGDON G. MORRISON, OF FLORIDA RICHARD AKER, OF ARKANSAS CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN CHRISTOPHER M. NEWTON, OF CALIFORNIA BERNADETTE MARY ALLEN, OF MARYLAND THE DIPLOMATIC SERVICE OF THE UNITED STATES OF VALERIE C. O’BRIEN, OF VIRGINIA JONATHAN MARK ALOISI, OF VERMONT AMERICA: JOSEPH JAMES O’CONNOR-FITZGERALD, OF WASH- LUIS EDMUNDO ARREAGA-RODAS, OF CALIFORNIA DEPARTMENT OF STATE INGTON ALEXANDER ARMANDO ARVIZU, OF COLORADO MYRNA M. ORTIZ KERR, OF NEW YORK MARK L. ASQUINO, OF RHODE ISLAND ANGELA PRICE AGGELER, OF THE DISTRICT OF COLUM- NICOLE IRELAND OTALLAH, OF VIRGINIA JESS LIPPINCOTT BAILY, OF OHIO BIA AMY MUDD PATEL, OF MISSOURI JUDITH RAINE BAROODY, OF VIRGINIA LORI ELLEN BALBI, OF OREGON KIMBERLY JOY PENLAND, OF FLORIDA JOYCE ANNE BARR, OF WASHINGTON KATIA JANE BENNETT, OF IOWA CHAD SAYLOR PETERSON, OF WASHINGTON JOHN KENNETH BAUMAN, OF VIRGINIA CAITLIN DOROTHY BERGIN, OF NEW HAMPSHIRE SUZANNE K. PHILION, OF NEW HAMPSHIRE ROBERT WALTER BOEHME, OF NEW JERSEY JOHN DANIEL BOYLL, OF TEXAS QUINN N. PLANT, OF WASHINGTON DAVID R. BURNETT, OF IDAHO CARLETON MYLES BULKIN, OF CALIFORNIA JOHN ANTHONY REGAN, OF PENNSYLVANIA MARTHA LARZELERE CAMPBELL, OF NEW HAMPSHIRE DEANGELA BURNS-WALLACE, OF NEW JERSEY STEVEN M. RIDER, OF SOUTH DAKOTA GUYLE E. CAVIN, OF TEXAS MARK JOSEPH CASSAYRE, OF CALIFORNIA ISABEL E. RIOJA-SCOTT, OF ARIZONA JUDITH ANN CHAMMAS, OF MINNESOTA MARC DOUGLAS DILLARD, OF CALIFORNIA MICHAEL ROMAN ROUSEK, OF OHIO RAUL E. CHAVERA, OF TEXAS PAUL MICHAEL FERMOILE, OF NEW YORK ADAM WILLARD SCARLATELLI, OF NEW JERSEY MARY DEANE CONNERS, OF PENNSYLVANIA SUMONA GUHA, OF MARYLAND AARON MICHAEL SCHWOEBEL, OF TEXAS KATHLEEN DAVIS, OF CALIFORNIA JOSEPH ALEXANDER HAMILTON, OF NEW JERSEY NICOLE E. SPECIANS, OF ILLINOIS DAVID F. DAVISON, OF VIRGINIA JAMES ROBERT HELLER, OF VIRGINIA TANYA K. SPENCER, OF TEXAS LARRY MILES DINGER, OF VIRGINIA MATTHEW G. JOHNSON, OF CALIFORNIA MARK ANDREW STEPHENS, OF MARYLAND DAVID TANNRATH DONAHUE, OF INDIANA DEANNA GENTRY KIM, OF FLORIDA KRISTIN M. STEWART, OF COLORADO JOSEPH R. DONOVAN JR., OF NEW YORK ROBERT DAVID LEE, OF MARYLAND GUY T. STRANDEMO, OF MINNESOTA TREVOR J. EVANS, OF WASHINGTON WILLIAM GLOVER LEHMBERG, OF CALIFORNIA CODY CORINNE TAYLOR, OF CALIFORNIA JOHN P. FELT, OF VIRGINIA RYAN COURTNEY LEONG, OF CALIFORNIA TIMOTHY SHAWN TIMMONS, OF WASHINGTON GREGORY G. FERGIN, OF WASHINGTON CHRISTOPHER S. MACHIN, OF MARYLAND AARON D. TRIMBLE, OF VIRGINIA ALBERTO M. FERNANDEZ, OF FLORIDA MARIA KATRINA MEYLER, OF NEW JERSEY EDWARD L. WATERS, OF NEVADA ALCY RUTH FRELICK, OF CALIFORNIA LISA DANIELLE MILLER, OF CALIFORNIA GREGG D. WENZEL, OF VIRGINIA RUSSELL LOUIS FRISBIE, OF VERMONT RAMON A. NEGRON, OF PUERTO RICO CATHERINE J. WESTLEY, OF ILLINOIS CHARLES H. GROVER, OF NEW HAMPSHIRE CLARISA PEREZ-ARMENDARIZ, OF COLORADO ANTJE WEYGANDT, OF VIRGINIA ROBERT S. HAGEN, OF ILLINOIS AMY SUE RADETSKY, OF KANSAS SHERON D. WILLIAMS, OF MARYLAND BRADFORD E. HANSON, OF CALIFORNIA DEMETRIA CANDACE SCOTT, OF VIRGINIA LAGRANGE WORTHINGTON, OF VIRGINIA PATRICIA M. HASLACH, OF OREGON THOMAS B. SELINGER, OF FLORIDA CHRISTOPHER THOMAS ZIMMER, OF ILLINOIS JAMES THOMAS HEG, OF WASHINGTON JEFFREY CRAWFORD VICK, OF TEXAS EARL JAY ZIMMERMAN, OF FLORIDA MICHAEL STEPHEN HOZA, OF SOUTH CAROLINA MARK ALAN WELLS, OF VIRGINIA JOHN MELVIN JONES, OF VIRGINIA DEPARTMENT OF COMMERCE THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN SANDRA LYNN KAISER, OF WASHINGTON CHRISTOPHER T. CLOUTIER, OF THE DISTRICT OF CO- SERVICE OF THE DEPARTMENTS OF STATE AND COM- IAN CRAWFORD KELLY, OF NEW JERSEY LUMBIA MERCE TO BE CONSULAR OFFICERS AND/OR SECRE- JAMES J. KENNEY JR., OF FLORIDA MARY AILEEN CROWE, OF NEW HAMPSHIRE TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED JOHN MONROE KOENIG, OF WASHINGTON CHERYL DUKELOW, OF WASHINGTON STATES OF AMERICA, AS INDICATED: THOMAS CHARLES KRAJESKI, OF MASSACHUSETTS HELEN L. PETERSON, OF CALIFORNIA CONSULAR OFFICERS AND SECRETARIES IN THE DIP- LISA JEAN KUBISKE, OF VIRGINIA MARK RUSSELL, OF CALIFORNIA HUGO LLORENS, OF NEW YORK LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: HAYNES RICHARDSON MAHONEY III, OF MASSACHU- DEPARTMENT OF STATE THE FOLLOWING-NAMED CAREER MEMBERS OF THE SETTS FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR SCOT ALAN MARCIEL, OF VIRGINIA TERRY A. ALSTON, OF SOUTH CAROLINA FOREIGN SERVICE TO THE CLASS INDICATED:

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CAREER MEMBER OF THE SENIOR FOREIGN SERVICE TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., MOHAMED S. IBRAHEIM, 0000 OF THE UNITED STATES OF AMERICA, CLASS OF COUN- SECTION 601: BEVERLY R. SMATHERS, 0000 SELOR: To be lieutenant general ROBERT M. SMITH, 0000 DOUGLAS R. WINTERS, 0000 DEPARTMENT OF STATE MAJ. GEN. JAMES T. CONWAY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT EARL A. FERGUSON, OF INDIANA IN THE NAVY TO THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OF THE UNITED STATES OF AMERICA, CLASS OF MIN- IN THE UNITED STATES NAVY TO THE GRADE INDICATED To be colonel ISTER COUNSELOR: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DEPARTMENT OF STATE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: GLENN E. BALLARD, 0000 NANCY L. ELLWOOD, 0000 JOHN E. LANGE, OF NEW YORK To be vice admiral JAN C. JONSON, 0000 REAR ADM. LOWELL E. JACOBY, 0000 CAROLYN L. MAYNARD, 0000 DEPARTMENT OF AGRICULTURE JANE M. MORRICAL, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PETER FERNANDEZ, OF NEW YORK MARION J. YESTER, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE AIR FORCE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED ARMY NATIONAL GUARD OF RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE UNITED STATES OFFICER FOR APPOINTMENT TO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE GRADE INDICATED IN THE RESERVE OF THE ARMY IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be vice admiral UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE REAR ADM. DAVID L. BREWER III, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION To be colonel 601: IN THE AIR FORCE ROBERT D. BOIDOCK, 0000 To be lieutenant general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES AIR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MAJ. GEN. JOHN D.W. CORLEY, 0000 FORCE AND AS PERMANENT PROFESSORS, UNITED TO THE GRADE INDICATED IN THE UNITED STATES ARMY STATES AIR FORCE ACADEMY, UNDER TITLE 10, U.S.C., MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 IN THE ARMY SECTIONS 9333 (B) AND 9336 (A). AND 3064: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be colonel To be colonel IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DANA H. BORN, 0000 DERMOT M. COTTER, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JAMES L. COOK, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be general IN THE ARMY TO THE GRADE INDICATED IN THE UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LT. GEN. BURWELL B. BELL III, 0000 AND 3064: TO THE GRADE INDICATED IN THE RESERVE OF THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY UNDER TITLE 10, U.S.C., SECTION 12203: To be colonel IN THE UNITED STATES ARMY TO THE GRADE INDICATED To be colonel WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CONNIE R. KALK, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JAMES R. KIMMELMAN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE RESERVE OF THE MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 MAJ. GEN. JERRY L. SINN, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: AND 3064: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be colonel IN THE UNITED STATES ARMY TO THE GRADE INDICATED To be major WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JOHN E. JOHNSTON, 0000 MICHAEL J. HOILIEN, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant general TO THE GRADE INDICATED IN THE RESERVE OF THE TO THE GRADE INDICATED IN THE UNITED STATES ARMY ARMY UNDER TITLE 10, U.S.C., SECTION 12203: MAJ. GEN. RICHARD A. HACK, 0000 MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 To be colonel AND 3064: THE FOLLOWING ARMY NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- JANET L. BARGEWELL, 0000 To be major SERVE OF THE ARMY TO THE GRADE INDICATED UNDER EDMUND K. DALEY III, 0000 TITLE 10, U.S.C., SECTION 12203: STEVEN H. DAVID, 0000 ROMEO NG, 0000 MICHAEL R. SMITH, 0000 To be brigadier general MITCHELL E. TOLMAN, 0000 IN THE NAVY COL. MICHAEL H. SUMRALL, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE TO THE GRADE INDICATED IN THE UNITED STATES NAVY IN THE MARINE CORPS ARMY UNDER TITLE 10, U.S.C., SECTION 12203: UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be colonel To be lieutenant commander IN THE UNITED STATES MARINE CORPS TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- LELAND W. DOCHTERMAN, 0000 THOMAS E. PARSHA, 0000

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